Sales Reviewer for Finals

 

Law on Sales

 

1.       Is a Deed of Sale where the stated consideration had not in fact been paid valid?

 

No. A Deed of Sale where the stated consideration had not in fact been paid is not valid.

 

There can be no doubt that the contract of sale lacked the essential element of consideration. It is a well-entrenched rule that where the deed of sale states that the purchase price has been paid but in fact has never been paid, the deed of sale is null and void ab initio for lack of consideration. Moreover, Art. 1471 of the Civil Code, which provides that "if the price is simulated, the sale is void," also applies to the instant case, since the price purportedly paid as indicated in the contract of sale was simulated for no payment was actually made.

 

Consideration and consent are essential elements in a contract of sale. Where a party’s consent to a contract of sale is vitiated or where there is lack of consideration due to a simulated price, the contract is null and void ab initio. [Heirs of Intac vs CA, G.R. No. 173211]

 

 

 

2.       Distinguish between emptio res speratae and emptio spei.

 

Emptio Rei Speratae is refers to the sale of thing having potential existence; while Emptio Spei refers to the sale of mere hope or expectancy.  As to uncertainty; Emptio Rei Speratae is uncertain with regard to quantity & quality; on the other hand Emptio Spei is uncertain with regards to the existence of the thing.  In Emptio Rei Speratae the contract deals with future thing; whereas in Emptio Spei, the contract deals with present thing-hope or expectancy.

 

In Emptio Rei Speratae, the sale is valid only if the expected thing will exist. So that if the condition is not fulfilled, if the thing does not come into existence, the contract cannot have the effect for lack of an essential requisite [Rabuya, 2017].  In Emptio Spei, the sale is valid even though expected thing does not come into existence as long as the hope itself validly existed [Art. 1461 NCC].

 

 

 

3.       Calvin Klein is an American resident in Manila, about to leave on a vacation, sold his car to Ralph for U.S. $2,000.00, the payment to be made 10 days after delivery to Tommy, a third party depository agreed upon, who shall deliver the car to Ralph upon receipt by Tommy of the purchase price. It was stipulated that ownership is retained by Calvin Klein until delivery of the car to Tommy. Five days after the delivery of the car to Tommy, it was destroyed in a fire which gutted the house of Tommy without the fault of either Tommy or Ralph. Is Ralph still legally obligated to pay the purchase price?

 

Yes.  Ralph is still legally obligated to pay the purchase price.

 

        The Supreme Court in the case of Song Fo & Co. v. Oria gives the following Doctrin: "If the object is lost after perfection but before delivery. Here the buyer bears the loss, as exception to the rule of res perit domino."  The implication in the case of Roman v. Grimalt, supra, is clear. Had the sale been perfected, the buyer would have borne the loss, that is, he would still have had to pay for the object even if no delivery had been made.

Art. 1480 (pars. 1 and 2) clearly, states that injuries between perfection and delivery shall be governed by Art. 1262, among others. And Art. 1262 in turn says that “an obligation which consists in the delivery of a determinate thing shall be extinguished if itshould be lost or destroyed without the fault of the debtor, and before he has incurred in delay.” (This means that the obligation of the seller to deliver is extinguished, but the obligation to pay is not extinguished.) [Paras, 2016].

 

Hence, even the Car has not yet been delivered to Ralph, but the contract of sale had already perfected; therefore Ralph is still legally obligated to pay the purchase price of the said car even if no delivery had been made.

 

 

 

4.       Briefly discuss the Recto Law.

 

Installment Sales Law; commonly known as the “RECTO LAW”. It is embodied in Art. 1484 of the NCC, which provides for the remedies of a seller in the contracts of sale of personal property by installments.

 

This law covers contracts of sale of personal property by installment (Act No. 4122). It is also applied to contracts purporting to be leases of personal property with option to buy, when the lessor has deprived the lessee of the possession or enjoyment of the thing [PCI Leasing and Finance Inc. v. Giraffe- X Creative Imaging, Inc., G.R. No.142618].

 

Recto Law applies only to sale payable in installments and not to a sale where there is an initial payment and the balance is payable in the future, because such is a straight sale, not a sale by installments.

 

 

 

5.       Briefly discuss the Maceda Law.

 

Realty Installment Buyer Act; commonly known as the “MACEDA LAW.” It is embodied in R.A. 6552 which provides for certain protection to particular buyers of real estate payable on installments. The law declares as "public policy to protect buyers of real estate on installment payments against onerous and oppressive conditions.

 

The law involves the sale of immovables on installment (Maceda Law, RA 6552).

(1) Coverage: Residential Real Estate (Villanueva, 2009).

(2) Excluded:

a. Industrial lots;

b. Commercial buildings (and commercial lots by implication);

c. Sale to tenants under agrarian laws; and

d. Sale of lands payable in straight terms (Sec. 3, RA 6552).

 

 

 

 

6.       When is the seller of goods deemed to be an unpaid seller?

 

One is considered as unpaid seller when:

(1) The whole of the price has not been paid or tendered; or

(2) A bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise (NCC, Art. 1525)

(3) It includes an agent of the seller to whom the bill of lading has been indorsed, or consignor or agent who has himself paid, or is directly responsible for the price, or any other person who is in the position of a seller (Pineda, 2010).

 

Unpaid seller is a person specially disqualified by law to enter into contracts of sale.

 

 

 

7.       What are the remedies of the unpaid seller?

 

Remedies of an Unpaid Seller are the following:

                (A) Ordinary Remedies

[a] Action for Price (NCC, Art. 1595) exercised when ownership has passed to buyer; price is payable on a day certain; or goods cannot readily be resold for reasonable price and Art. 1596 of NCC is inapplicable.

[b] Action for Damages – In case of wrongful neglect or refusal by the buyer to accept or pay for the thing sold.

                (B) Special Remedies [NCC, Art. 1596]

[a] Possessory Lien (NCC, Art. 1527) – seller not bound to deliver the object of the contract of sale if buyer has not paid him the price. This remedy presupposes that the sale is on credit.

[b] Stoppage in Transitu (NCC, Art. 1530)

[c] Special Right to Resell the Goods (NCC, Art. 1533)

[d] Special Right to Rescind (NCC, Art. 1597)

 

 

 

8.       Victoria sold a piece of unregistered land to Yves who immediately took possession and improved the same while registration proceedings under the Torrens System was still pending. The Deed of Sale was not registered. A month later, the Original Certificate of Title was issued in the name of Victoria, “free from all liens and encumbrances.” Subsequently, the same land was sold at public auction to satisfy a debt of Victoria to Sherrie , the judgment creditor. The notice of levy, the certificate of final sale were registered. Sherrie sold her rights to the property to Kate who then sued Yves in order that she be declared the owner of the property. Who has the better right to the land, Yves or Kate? Give reasons.

 

Kate has better right to the land.

 

Although Yves already took possession and made improvements of the land; such possession does not vest her with ownership to the said land. It is also submitted that the contract of sale between Yves and Victoria was already perfected and the ownership of the land was transferred by her [Yves’] possession to the said land; but nevertheless, Yves did not able to register the same in the Register of Deeds as provided by law in P.D. 1529, Sec. 52; which states that “every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds for the province or city where the land to which it relates lies, be constructive notice to all persons from the time of such registering, filing or entering.”  Such failure to register the land on the part of Yves is fatal on her side.

 

Registration is the operative act which gives validity to the transfer or creates a lien upon the land. A certificate of title serves as an evidence of an indefeasible and incontrovertible title to the property in favor of the person whose name appears therein (Spouses Vilbar v. Opinion, G.R. No. 176043). Hence, the registration made by Sherrie gives her the indefeasible and incontrovertible title to the property.

 

As to Kate as an innocent purchaser of value of the said subject land; she is not required by the law or the court to go beyond what appears on the face of the title.  All persons dealing with a property covered by Torrens certificate of title are not required to go beyond what appears on the face of the title. Where there is nothing on the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat his right thereto (Chua v. Soriano, GR.No. 150066)

 

 

 

 

9.       In a case where the buyer failed to pay the price of a real property in accordance with a contract to sell, what law governs in case of cancellation of the contract?

 

In a case where the buyer failed to pay the price of a real property in accordance with a contract to sell; the law which governs in case of cancellation of the contract is governed by Republic Act No. 655219 or the Maceda Law.

 

If the buyer fails to pay the installments [of a real property] due at the expiration of the grace period, the seller may cancel the contract after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act [Sps Bonrostro vs Sps Luna, 2013].

 

 

 

 

10.   Monique offered to sell a set of furniture to B for P15,000. Dolce immediately accepted the offer. However, unknown to both parties, the residence of Monique was gutted by a fire of accidental origin 2 hours before Monique made the offer to Dolce. All of the effects of Monique including the furniture were destroyed by the fire. Monique now demands payment of the P15,000 on the ground that the sale was perfected. Can Dolce be compelled to pay? Reasons.

 

No. Dolce cannot be compelled to pay.

 

There is in fact no valid contract of sale for at the moment of presumed perfection (acceptance of Dolce to the offer), there was no more subject matter (the furniture having been destroyed two hours before Monique made the offer to Dolce). Monique, as owner, bears the loss of the car.

 

The elements of a contract of sale are:

[a] consent

[b] determinate subject matter

[c] consideration

 

In this case; since there is wanting of the determinate subject matter due to its loss before the offer was made by the seller (Monique), hence the contract of sale has not perfected.

 

 

 

11.   Victor, Jo and Issey are owners of an undivided parcel of land. They sold it to Valentino jointly and in the same contract, with a right to repurchase. Victor tried to repurchase the entire parcel of land, but Valentino refused to accede Victor’s demand. Is Valentino’s refusal justified? Reasons.

 

No. Valentino’s refusal is unjustified.

 

Under the New Civil Code, in Art. 1620 provides that “a co-owner of a thing may exercise the right of redemption in case the shares of all the other-co-owners or of any of them, are sold to a third person.”

 

Victor is entitled to exercise the right of legal redemption is clear because being the co-owner he has an ideal and aliquot share of the said undivided parcel of land.  And there contract specially provides with a right to repurchase.  Such contract is vending upon the parties.  And the law is clear that anyone of the co-owner may exercise the right of redemption.

 

 

 

12.   Jimmy sold his house and lot to Christian and gave Christian until May 2019 to pay the balance of the purchase price. After Christian failed to pay the installments due, Jimmy made no judicial demand for rescission of the contract nor did he execute any notarial act demanding the same as required under Art. 1592 of the NCC. Christian still made payments even after the May 2019 deadline, which Jimmy accepted. Could Jimmy exercise his right to rescind the sale?

 

No, Jimmy cannot exercise his right to rescind the sale

 

Article 1592 of the New Civil Code provides that “In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. After the demand, the court may not grant him a new term.”

 

In the case at bar, Jimmy did not make judicial demand for rescission of the contract nor did he execute any notarial act demanding the same as required under Art. 1592 of the NCC; hence he cannot rescind the contract.  In the case also; Christian was not yet in “delay” for the payment because the grace period given by Jimmy for Christian to make for the payment of the balance was May 2019; and Christian made the payment of the said month.

 

If there is no “delay” on the part of Christian; hence there is no right to demand incumbent upon Jimmy. Hence, Jimmy cannot exercise his right to rescind the sale.

 

 

 

13.   How is a contract of sale extinguished?

 

A contract of sale is extinguished by:

(1) Same causes as how an obligation is extinguished, namely:

a. Payment or performance;

b. Loss of the thing due;

c. Condonation or remission of the debt;

d. Confusion or merger of the rights of creditor and debtor;

e. Compensation;

f. Novation;

g. Annulment;

h. Rescission;

i. Fulfilment of resolutory condition; or

j. Prescription

(2) Conventional Redemption

(3) Legal redemption

                Redemption is a mode of extinguishment wherein the seller has the right to redeem or repurchase the thing sold upon return of the price paid.

 

 

 

14.   When is a contract of sale perfected? When is there a transmission of ownership of the thing sold?

 

A contract of sale is perfected by mere consent, manifested by the meeting of the minds as to the offer and acceptance on the subject matter, price and terms of payment.

 

There is transmission of ownership of the thing sold when such thing is delivered to the vendee [Asset Privatization Trust vs T.J. Enterprises, G.R. No. 177195]. The thing shall be understood as delivered when it is placed in the control and possession of the vendee.

Social Legislation Reviewer for Finals

 

Social Legislation Reviewer for Finals

 

 

 

Employees Compensation and State Insurance Fund

1.      Who are subject to coverage under the employees’ compensation program?

The following are subject to coverage under the employees’ compensation program:

§  Private sector workers who are compulsory members of the Social Security System (SSS) and sea-based Overseas Filipino Workers (OFWs).

§  Government sector employees who are members of the Government service Insurance System (GSIS), including members of the Armed Forces of the Philippines, elective government officials who are receiving regular salary and all casual, emergency, temporary and substitute or contractual employees.

 

 

2.      When shall EC claims be filed? And, on what grounds may a claim be made for benefits under the employees’ compensation program?

EC claims must be filed within a period of three years from:

§  In case of sickness, from the time the employee was unable to report for work;

§  In case of injury, from the time of the incident;

§  In case of death, from the date of death.

 

The filing of disability or death benefits either under the SSS law or the GSIS law within three years from the time the cause of action accrued would stop the running of the prescriptive period.

 

 

3.      May an illness not listed by the Employees Compensation Commission as an occupational disease be compensable? If so, cite an example.

 

Yes. An illness not listed by the Employees Compensation Commission as an occupational disease be compensable.

 

The Supreme Court in the case of Santos vs ECC & GSIS, [GR. No. 89222, 1993] states that “Where the claimant's illness is not listed in the Table of Occupational Diseases embodied in Annex A of the Rules on Employees' Compensation, said claimant must positively prove that the risk of contracting the disease is increased by the working conditions. Cirrhosis of the liver is not listed as an occupational disease.”

 

The law defines compensable sickness as any illness definitely accepted as occupational disease listed by the Commission, or any illness caused by employment subject to proof that the risk of contracting the same is increased by the working conditions. For sickness and the resulting death of an employee to be compensable, the claimant must show either: (1) that it is a result of an occupational disease listed under Annex A of the Amended Rules on Employees' Compensation with the conditions set therein satisfied: or (2) if not so listed, that the risk of contracting the disease is increased by the working conditions.

 

In the case of Santos vs ECC & GSIS, [GR. No. 89222, 1993] SC held that even “Cirrhosis of the liver is not listed as an occupational disease. Nevertheless, in the very recent case of Librea v. Employees' Compensation Commission. SC took a liberal stand and based on the evidence presented, pronounced the said sickness compensable. In the cited case, a Division Physical Education Supervisor, who likewise spent the last 32 years of his life in public service was adjudged entitled to the benefits of the ECC, upon his death due to liver cirrhosis.”

 

But in the case of Lorenzo vs GSIS; the Chronic Myelogenous Leukemia is a result of a defective genetic expression in expanding hematopoietic stem cells hence not work related as a teacher; therefore is not entitled of the benefits as provided by law.

 

 

GSIS Act

4.      What government employees are subject to coverage under the Government Service Insurance System?

As provided in Section 3 of RA 8291 that the "Compulsory Membership. — Membership in the GSIS shall be compulsory for all employees receiving compensation who have not reached the compulsory retirement age, irrespective of employment status, except members of the Armed Forces of the Philippines and the Philippine National Police, subject to the condition that they must settle first their financial obligation with the GSIS, and contractuals who have no employer and employee relationship with the agencies they serve.

 

“Except for the members of the judiciary and constitutional commissions who shall have life insurance only, all members of the GSIS shall have life insurance, retirement, and all other social security protection such as disability, survivorship, separation, and unemployment benefits."

 

 

5.      Who are excluded from the coverage of the GSIS Act?

The government employee excluded from the coverage of GSIS as stated in Section 3 of RA 8291 are:

§  Members of the Armed Forces of the Philippines

§  Philippine National Police

§  Contractuals (of the government) who have no employer-employee relationship with the government agencies they serve.

 

The members of the judiciary and constitutional commissions have only life insurance benefit with the GSIS.

 

 

6.      When is retirement compulsory?

The retirement is compulsory at the age of 65 [R.A. 8291, Sec. 13, Par. B]

 

 

7.      Is the pension of a public servant a gratuity? Explain.

 

Yes. The pension of a public servant a gratuity.

 

Section 7-1(9) of Commonwealth Act No. 246, as amended, which provides the following:

Compensation of persons receiving pension — A person receiving life pension, annuity, or gratuity from the government of the Commonwealth of the Philippines, or any province, city, municipality, or other subdivision thereof, or from any government owned or controlled entity or enterprise, who is reappointed to any position, the appropriation for the salary of which is provided from funds of the said Commonwealth Government of any province, city, municipality, or other subdivision thereof, or from any government-owned or controlled entity, or enterprise, shall have the option to receive either the compensation for the position, or the pension, gratuity or annuity; but in no case shall he receive both.

 

The provision of second paragraph of Section 8 of Article IX-B of the Constitution which states "Pensions or gratuities shall not be considered as additional, double, or indirect compensation," may not be invoked. This provision simply means that a retiree receiving pension or gratuity can continue to receive such pension or gratuity even if he accepts another government position to which compensation is attached [Ocampo vs COA, G.R. No. 188716].”

 

Retirement laws are liberally construed in favor of the employee because the level of retirement compensation is below the cost of living requirements of a retiree. A grateful nation owes the retiree at the very least a liberal interpretation. Hence; it is submitted that the pension of a public servant is of a nature a gratuitous compensation of his/her work done in the government.  Although the employee contributed in such pension; but nevertheless the benefits derived therein; the aids and welfare and the compensation program of the government by virtue of the current enabling laws with respect to pension and retirement are for the good of the beneficiaries therein.

 

 

 

SSS Act

8.      What is the policy of the State under the Social Security Law?

As embodied in Section 2 of R.A 8282 gives the policy of the state in the SSS beneficiaries which states that "Declaration of Policy. - It is the policy of the Republic of the Philippines to establish, develop, promote and perfect a sound and viable tax-exempt social security service suitable to the needs of the people throughout the Philippines which shall promote social justice and provide meaningful protection to members and their beneficiaries against the hazards of disability, sickness, maternity, old age, death, and other contingencies resulting in loss of income or financial burden. Towards this end, the State shall endeavor to extend social security protection to workers and their beneficiaries."

 

 

9.      Cite instances of a voluntary coverage under the SSS law.

The following are instances of voluntary coverage under the SSS Law:

 

§  Voluntary contributions of employers and/or employees, self-employed and voluntary members and their earnings [Sec. 4, R.A. 8282]

§  Spouses who devote full time to managing the household and family affairs, unless they are also engaged in other vocation or employment which is subject to mandatory coverage, may be covered by the SSS on a voluntary basis. [R.A. 8282, Sec. 9, Par. B]

§  Filipinos recruited by foreign-based employers for employment abroad may be covered by the SSS on a voluntary basis. [R.A. 8282, Sec. 9, Par. C]

 

 

10.  What is a “self-employed” individual?

A self-employed person shall be both employee and employer at the same time. [R.A. 8282, Sec. 8, Par. D]

 

 

11.  After working for five (5) years in a private insurance company, Jose was fired without cause.  His dismissal affected him so much that two months after his dismissal he suffered a stroke resulting in the paralysis of left arm and legs. Considering that Jose was no longer working at the time he incurred disability, is he nevertheless entitled to disability benefits under the SSS Law? Why?

 

Yes;  Jose’s disability is permanent partial because he suffered a stroke resulting in the paralysis of left arm and legs.

 

As provided in R.A. 8282, Sec. 13-A, Par. E provides that “If the disability is permanent partial, and such disability occurs before thirty-six (36) monthly contributions have been paid prior to the semester of disability, the benefit shall be such percentage of the lump sum benefit described in the preceding paragraph with due regard to the degree of disability as the Commission may determine.”

 

Since Jose is working with a private insurance company for 5 years; it is submitted that since he is employed it is presumed that his employer made the contribution to the SSS; and that Jose was working for 5 years already.  Therefore Jose is covered to the Disability Benefits by the SSS.

 

 

Anti-Sexual Harassment Act

12.  Who can be victims of sexual harassment?

Although women are the most frequent targets of sexual harassment; but nevertheless both males and females can either be the victim of sexual harassment.

 

As provided in R.A. 11313, Sec. 4 which states that "Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. -The crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks."  This law provides Gender-Based protection for the victim which is not based on sex but on the gender of the victim.

 

 

13.  What constitutes sexual harassment?

As provided in Sec. 3 of R.A. 7877; the following constitute sexual harassment:

 

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

 

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

 

As provided in Sec. 4 of R.A. 11313; the following constitute sexual harassment:

“Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless requests for personal details, statement of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.”

 

 

 

14.  Discuss the penalty for violation of the Anti-Sexual Harassment Act.

The penalty for violation of the Anti-Sexual Harassment Act is that “Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.” [Sec. 7, R.A. 7877].

 

Section 6 of the said law provides for an “Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.”

 

 

Solo Parent Welfare Act and Paternity Leave Act

15.  Discuss the qualification of a Solo Parent.

To be entitled for the benefits, trainings and other programs granted by the government by virtue of R.A 8972 the following qualifications of a Solo Parent are necessary:

§  That he/she is a Solo Parent pursuant to the provision in Sec. 3, Par. A of R.A. 8972

§  Having an income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.

 

 

16.  What are the benefits of solo parents under the Solo Parent Welfare Act?

The benefits of Solo Parents are:

§  Comprehensive Package of Social Development and Welfare Services. [Sec. 5, R.A. 8972]

§  Flexible Work Schedule [Sec. 6, R.A. 8972]

§  Against Work Discrimination [Sec. 7, R.A. 8972]

§  Parental Leave [Sec. 8, R.A. 8972]

§  Educational Benefits [Sec. 9, R.A. 8972]

§  Housing Benefits [Sec. 10, R.A. 8972]

§  Medical Assistance [Sec. 11, R.A. 8972]

 

 

17.  What is paternity leave?

 

Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child. [Sec. 3, R.A. 8187]