Wednesday, July 27, 2011

RA 9995 - Anti-Photo and Video Voyeurism Act

photo downloaded from the internet
ANTI-PHOTO AND VIDEO VOYEURISM ACT

What is it about?
The law makes it a crime to take photos of a naked person without his or her consent, and also to record a video of people having sex without their consent.

Important Things to remember:
1.  Photo or Video Voyeurism means:

    a. the act of taking a photo or video of a person/s performing a sexual act or any similar activity without the latter's consent, under circumstances where such person/s has/have a reasonable expectation of privacy;

    b. capturing an image of the private area of a person/s without the latter's consent, under circumstances where such person/s has/have a reasonable expectation of privacy; or

    c.  the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video of such sexual act or similar activity through DVD, the internet, cellphones and similar means or devices without the written consent of the person/s involved, even though  consent to record or take the photo or video of the same was initially given.

2. A person is guilty of Photo or Video Voyeurism when there is:

    a. taking a photo or video of a person/s performing a sexual act or any similar activity or capturing an image of the private area of a person/s such as the naked or undergarment clad genitals, public area (?), buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy.

    b. copying or reproducing such photo or video of a sexual act or any similar activity for a fee or for free, even though consent to record was given initially.

    c. selling or distributing such photo or video of a sexual act, whether it be the original or a copy, even though consent to record was given initially.

    d. publishing or broadcasting, whether in print or broadcast media of such sexual act, even though consent to record was given initially.

    e. showing or exhibiting the photo or video of such sexual act through DVD, internet, cellphones and other similar means or device, even though consent to record was given initially.

3. If a person is found guilty of Photo or Video Voyeurism, he'll be looking at jail time of up to 7 years and a fine costing as much as P500,000.00!

Complete text of the law can be found at:
Anti-Photo and Video Voyeurism Act found in LawPhil

Thursday, July 21, 2011

RA 10152 - Mandatory Basic Immunization for Infants and Children

Image from http://www.bodyofwealth.com/
MANDATORY INFANTS AND CHILDREN HEALTH IMMUNIZATION ACT

What is this law about?
 
All kids (from infant up to 5 years of age) can go to any government hospital or health center and get immunization for FREE.

Important Things to remember:

1. Mandatory Basic Immunization includes vaccines for the following diseases:

    a. Tuberculosis (TB)
    b. Diphtheria, tetanus and pertussis (DTP)
    c. Poliomyelitis
    d. Measles
    e. Mumps
    f. Rubella or German measles (collectively, MMR)
    g. Hepatitis-B
    h. H Influenza type B (HIB) 

2. The doctor, nurse or midwife who delivers the newborn has an obligation to inform the parents of the availability of free immunization.
Complete text of the law can be found at:

Monday, July 18, 2011

RA 9999 - Free Legal Assistance Act

Image downloaded from the internet
FREE LEGAL ASSISTANCE ACT

What is it about?
The law gives fiscal incentives to lawyers/law firms who provide free legal services to indigent or pauper litigants

Important Things to remember:
1. Legal Services refers to any activity which requires the application of law, legal procedure, knowledge, training and experiences which includes legal advice and counsel, and the preparation of instruments and contracts, including appearance before the administrative and quasi-judicial offices, bodies and tribunals, handling cases in court, and other similar services. (Sec. 3)

2. Indigent or Pauper Litigants are those:
a. Whose gross income do not exceed an amount double the monthly minimum wage (ex. monthly minimum wage is P8,500.00 x 2 = P17,000.00), AND
b. Who do not own real property with a fair market value of more than P300,000.00,
as stated in the case Algura vs. Naga City.

3. Lawyers/Law Firms are entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to 10% of the gross income derived from the actual performance of the legal profession, whichever is lower.

Complete text of the law can be found at:
Free Legal Assistance Act on LawPhil

Sunday, July 10, 2011

RA 10151- Allowing Employment of Night Workers

Photo courtesy of http://www.benprise.com/
ALLOWING EMPLOYMENT OF NIGHT WORKERS

What is this law about?
Previous to this law, as a general rule, women were NOT allowed to work during the night (Art. 130, Labor Code).  So technically, companies, including call centers and other BPOs, were NOT allowed to hire women to work the nightshift.  To be able to go around the rule, call centers had to apply for an exception (Art. 131, Labor Code).

RA 10151 repealed these 2 rules.  So now, a call center can hire as much women as it wants, without having to apply for exceptions at the Department of Labor and Employment.

Important Things to remember:
1. Night Workers have a right to undergo a health assessment without charge and receive advice on how to reduce or avoid health problems associated with their work.

2. As a general rule, the findings shall of such assessments can not be given to others without the workers' consent.

3. Call Centers are now required to provide first-aid facilities for the nightshift.

4. Call Centers are also now required to provide sleeping or resting quarters for the nightshift.

5. Night workers who are found to be unfit for night work due to health reasons have a right to be transferred to a similar job during the day.

6. Pregnant Night Workers have additional rights under the law. 
Complete text of the law can be found at:

Wednesday, July 6, 2011

RA 10028 - Expanded Breastfeeding Promotion Act

Image courtesy of http://www.prolife.org.ph/
EXPANDED BREASTFEEDING PROMOTION ACT
What is this law about?
This law amends Republic Act 7600. 

This law requires Health Institutions (i.e. hospitals, infirmaries, health centers, lying-in clinics, or puericulture centers with obstetrical and pediatric services) to provide equipment, facilities, and supplies for breastmilk collections, storage and utlization.

Health Institutions are encouraged to set up Milk Banks for storage of breastmilk.  The stored breastmilk will be given to children in neonatal intensive care units.

The law now requires Health Institutions, Public Places (i.e. schools, public transportation terminals, shopping malls, etc.) and Work Places (i.e. work premises, whether private enterprises or government agencies) to establish Lactation Stations.

Lactation Stations should be private, clean, sanitary and well-ventilated rooms or areas where nursing mothers can wash up, breastfeed or express their milk comfortably and store afterwards.

Important Things to remember:
1. These places have to have Lactation Stations:
  • Hospitals
  • Infirmaries
  • Health Centers
  • Lying-In Clinics
  • Schools
  • Public Transportation Terminals
  • Shopping Malls
  • Your office
If not, you can report this matter to the Department of Health (651-7801 or 651-7800 loc. 1105) and the violating institution can be fined from P50,000.00 to P200,000.00.

2. A Lactation Station should have:
  • Lavatory for hand-washing
  • Refrigeration for storing breastmilk
  • Electrical outlets for breast pumps
  • A small table
  • Comfortable seats
If not, you can report this matter to the Department of Health (651-7801 or 651-7800 loc. 1105) and the violating institution can be fined from P50,000.00 to P200,000.00.

3.  A Lactation Station should NOT be in a toilet or a rest room.

4.  Employees who are breastfeeding have a right to be granted breaks so that they can breastfeed.  A nursing employee is entitled to at least 40 minutes for breastfeeding for every 8-hour work period

Complete text of the law can be found at:
Expanded Breastfeeding Promotion Act at www.lawphil.net