APPENDICES

APPENDIX A

NORTHWESTERN UNIVERSITY GUIDELINES ON IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 7079

Pursuant to the provisions of Section 9 of Republic Act No. 7079, otherwise known as the “Campus Journalism Act of 1991”, Northwestern University hereby issues the following rules and regulations implementing the provisions of the said Act:

RULE 1
Title

SECTION 1. Title. These rules, regulations and guidelines shall be known as the “Northwestern University Guidelines on Implementing the Provisions of R. A. No. 7079.”

RULE II
State Policy

SECTION 1. Declaration of Policy. It has been a declared State policy to uphold and protect the freedom of the press even at the campus level and to promote the development and growth of campus journalism as a means of strengthening ethical values, encouraging critical and creative thinking, and developing moral character and personal discipline of the Filipino youth. In furtherance of this/her policy, the State shall undertake various programs and projects aimed at improving the journalistic skills of the students and promoting free and responsible journalism.
It is therefore the duty of all sectors of Northwestern University concerned in the campus journalism program to support and promote the campus journalism program policies and objectives as under Republic Act No. 7079, and existing laws embodied as principles in the Constitution.

RULE III
Definition of Terms

SECTION 1. Definition of Terms.

a. School – shall refer to an institution of learning in the elementary, secondary or tertiary level composed of the studentry, administration, faculty and non-faculty personnel;
b. Student Publication – shall refer to the independently published school paper, the Review which is the official student publication of the university.
c. Student Journalist – shall refer to any bona fide student enrolled for the current semester or term who has passed or met the qualifications and standards of the editorial board.
d. Editorial Board – shall refer to student journalists who compose the editorial staff of the independently published official student publication, the Review, after passing the qualifying examination administered by a Selection Committee the members of whom are chosen in a manner provided for in Rule VII of the Rules and Regulations in the Implementation of the Campus Journalism Act.
e. Editorial policies- a set of guidelines crafted by the editorial board to determine its course as the official student newspaper taking into account the pertinent laws as well as school policies that dovetail with such laws.
f. Publication Board – shall be composed of a chairman, an ex-officio member and a representative from the studentry, administration, and faculty.

RULE IV
Student Publication

Section 1. There will only be one official student publication in the university. Students of any college in the university who wish to put up and manage their own college paper will coordinate with the Review, the official student publication, for funding.

Section 2. Nature of the Student Publication Fund
As provided for in the Campus Journalism Act, the fund will be transferred to the editorial board after the last day of enrolment subject to guidelines set forth by the Rules and Regulations of Implementation of the said Act. The editorial board may opt to ask the administration to handle it as a trust fund subject to the University’s guidelines on trust funds.
Should it opt to be a trust fund as the editorial board deems it to be necessary for safekeeping, the corporation’s guidelines are the following, to wit:

1. The editorial board may assign the Managing Editor or one of the three top editors as the business manager. Thus, the assigned business manager shall without notice liquidate

1.1. The president or the executive vice president, in consultation with the University Chief Accountant, shall approve requests for cash advances made by the assigned business manager;
1.2. The cash advance shall be used only for the specific purpose for which it was granted. Cash advances shall be liquidated .

2. No additional cash advance shall be allowed to the student publication unless the previous cash advance given to it is settled or a proper accounting thereof is made

3. Transfer of cash advance from one accountable member of the editorial board to another is not allowed;

4. All cash advances made by a student publication are subject to liquidation;

5. In case of deficiency in the amount given as cash advance, additional cash advance may only be granted after the previous cash advance had been properly liquidated. On the other hand, in case of excess in the cash advance given, the amount of excess shall be returned with the report of disbursement. The excess amount shall not be used for purposes other than those for which the original cash advance was given;

5.1. Items bought using the cash advance must be presented to the Internal Auditor for inspection and must be accounted for in the same manner as regular purchases;
When a cash advance is no longer needed or has not been used for one (1) month from date of issue, it must be immediately returned to the cashier;
All cash advances must be fully liquidated on or before the end of each semester or term so as to properly count for the cash balance of the corporation. Cash advances shall be liquidated in accordance with the following guidelines:

a) the assigned business manager shall without notice liquidate the cash advance within the prescribed period as follows:

1. For purchase of supplies and materials or for operating expenses – within five (5) days after disbursement had been made;
2. For official travel – within five (5) days after return from travel.
Failure of the assigned business manager to liquidate his /her cash advance within the prescribed period shall constitute a valid cause for the imposition of the appropriate administrative or criminal penalties following the due process of law.

b) The assigned business manager shall prepare a report of disbursement and submit the same with the official receipts and invoices to the accountant/chief accountant. He/she shall insure that the report is properly acknowledged. Only when the documents are found in order and the reasons for the cash advance are strictly followed that the cash advance is deemed liquidated.

The reports and documents required to support the liquidation are as follows:

a) For purchase of supplies and materials or for operating expenses:

1. Report of disbursement with supporting documents;
2. Such other supporting documents as required by the nature of the expense.

b) For official travel:

1. itinerary of travel
2. certificate of appearance/certificate of completion/certificate of participation
3. travel report
4. plane, boat or bus ticket (if included in the cash advance)
5. receipts for incidental expenses

SECTION 3. Preparation of Student Publication Budget. The Editorial Board shall prepare the student publication budget for each semester/year. The budget shall be posted on the school bulletin board and published in the student publication. The budget shall include expenses of the printing costs of the publication, photo supplies, needs of the staff and the publication adviser during their presswork, attendance of the student publication representatives at the annual divisional, regional, and national press conferences/workshops, honoraria for the adviser; expenses for sponsoring conferences, seminars, fora and training; meal and transportation allowances for the staffers; tuition fee discounts of the editorial staff; administrative cost; and other incidental expenses. Disbursements shall be in accordance with the preceding section.

SECTION 4. Printing of the Student Publication. The printing of the student publication shall be through canvass or public bidding conducted by the editorial board as provided for in the RRI of the Campus Journalism Act. The editorial board may coordinate with the university accountant for guidance.

SECTION 5. Use of Student Publication Fund. The publication fees for the student publication shall be for its exclusive use. The money collected shall not be spent for purposes other than those cited in Section 4 of this/her Rule. Violation of this/her Rule by any member of the Editorial Board, publication adviser, and/or school administrator/official shall be a cause for administrative or criminal action against the violator.

RULE V
Publication Board

SECTION 1. Composition. There shall be a Publication Board composed of a chairman, the DSA as the ex-officio member, the NUFEMA President, the SSC President, a representative of the administration and a practicing journalist as members.

SECTION 2. Term of Office. The Chairman and the members of Publication Board shall be appointed by the President, with the recommendation of the Senior Vice President for Academic Affairs (SVPAA) for a term of three (3) years without re-appointment. Of those first appointed, the Chairman and two (2) members shall hold office for three (3) years, and the SSC and NUFEMA Presidents for one (1) year. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity.

SECTION 3. Duties and Responsibilities. The Publication Board shall exercise the following powers and functions:

a. Endorses the recommendation of the Editorial Board for publication adviser;
b. Acts as a unifying element between the administration and any student publication;
c. Responsible for the evaluation of the application for recognition/renewal by any student publication;
d. Acts as deliberative body in determining whether or not any student journalist, student publication or any publication adviser faithfully complies with the provisions of these Rules and Regulations and other pertinent laws;
e. Acts as a fact-finding committee for erring adviser and student journalist in accordance with the pertinent provisions of the Faculty Manual and Student Handbook, respectively.

SECTION 4. Rights and Privileges of the Publication Board. The chairman shall receive an honorarium of one thousand (P1,000.00) pesos a month, and each member shall be entitled to per diem of two hundred (P200.00) pesos.

SECTION 5. Resignation of a Member of the Publication Board. The resignation by a member of the Publication Board shall be deemed effective only upon acceptance by the University President.
The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) working days from receipt thereof.

SECTION 6. Administrative Discipline. Investigation and adjudication of administrative complaints against any erring Publication Board member, as well as his/her suspension or removal from office shall be in accordance with the rules and procedure laid down in Chapter VII of the Faculty Manual. The results of such administrative investigations shall be reported to the Office of the SVPAA and the Office of the President for appropriate action.

RULE VI
Publication Adviser

SECTION 1. Publication Adviser. The publication adviser shall be selected from a list of recommendees submitted by the Editorial Board. Upon the endorsement of the Dean of Student Affairs and recommendation of the Vice President for Academic Affairs, the President shall select and appoint the publication adviser.
SECTION 2. Qualifications of the Publication Adviser. A publication adviser

a. must be a regular full-time employee of the University;
b. must not be a member of the administration;
c. must have engaged in the practice of journalism, either as a student journalist, professional journalist, or as a publication adviser in another school of previous employment;
d. must be a person of good moral character; and
e. must not have violated any provision in the University Faculty Manual and other laws.

SECTION 3. Duties of the Publication Adviser. The publication adviser shall

a. supervise the editorial staff of the paper;
b. provide technical guidance in the editing of all articles prior to publication;
c. supervise the preparation of the paper and causes the accomplishment of all assignments properly and on time;
d. supervise the meetings of the staff and will call meetings on policy matters.

SECTION 4. Limitations. No publication adviser shall:

a. hold any other office in any organization or interest club in the University during his/her term of office without forfeiting his/her seat; and
b. be directly or indirectly interested financially in any contract with and for the publication, during his/her term of office.

SECTION 5. Rights and privileges of a Publication Adviser. A publication adviser shall be entitled to an honorarium of:

a. Review publication adviser -four thousand pesos (P 4, 000) per issue
b. College publication adviser – two thousand pesos (P 2,000) per issue

The editorial board shall set the professional fee of the official student publication adviser on a per issue basis.
A publication adviser shall also be entitled to the benefits as provided for under Section 4 of Rule V and Section 2 of Rule IX.

SECTION 6. Term of Office. The term of office of the publication adviser shall be one school year, starting from his/her date of appointment. No publication adviser shall serve for more than one (1) school year unless the succeeding Editorial Board will make a favorable recommendation for him.
Any publication adviser for the summer term shall be appointed in accordance with the provisions of this/her Rule and shall only hold office from the date of his/her appointment until the end of the summer term. He shall also have the same rights, duties, and privileges as the publication adviser for a regular school year.

SECTION 7. Resignation of the Publication Adviser. The resignation of the publication adviser shall be deemed effective only upon acceptance by the University President.
The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) working days from receipt thereof.

SECTION 8. Administrative Discipline. Investigation and adjudication of administrative complaints against any erring publication adviser, as well as his/her suspension or removal from office shall be in accordance with the rules and procedure laid down in Chapter V, No. 9 and Chapter VII of the Faculty Manual and other pertinent laws. The results of such administrative investigations shall be reported by the Publication Board to the Office of the SVPAA and the Office of the President for the appropriate action.

RULE VII
Selection of Staff

SECTION 1. Selection of Student Staff Members. The selection of the members of the publication staff who shall constitute the Editorial Board of the student publication shall be through competitive written and oral examinations prepared, conducted and supervised by the Screening Committee composed of a representative of the school administration, one faculty member, one mass media practitioner acceptable to both the administration and the outgoing Editorial Board, and two past editors to be chosen by administration from the list of recommendees submitted by the outgoing Editorial Board. The members of the Screening Committee shall be appointed by the administration.
The Staff members are selected on the basis of the following criteria:

a. written examination 60%
b. experience as a student journalist 10%
c. interview results 15%
d. leadership qualities
(background information) 15%

100%

The guidelines governing the selection process shall be formulated by the Screening Committee in accordance with the aforementioned criteria.

SECTION 2. Qualifications of the Members of the Editorial Staff. A member of any Editorial Staff:

a. must be a bona fide student of the University, having enrolled not less than 18 academic units but not more than 24 academic units; however, graduating students with lesser units but who will graduate at the end of the school year are qualified.
b. must not hold any position in any school organization or interest club;
c. must not have obtained a failing grade in any academic subject, has no record of dropping “unofficially” and has no incomplete grade. However, in the case of the Editor in Chief, Associate Editor or Managing Editor, he must not have obtained a grade lower that 2.5 in any academic subject for 2 semesters preceding his/her assumption as member of the Editorial Staff.
d. must be a person of good moral character;
e. must not have violated any of the existing rules and regulations of the University;
f. must not have been convicted by final judgment of any offense involving moral turpitude and acts prejudicial to the interests of the students and the University;
g. must have a two-year residence in the University for the position of Editor-in-Chief and Managing Editor; and a one-year residence for the Associate Editor, News Editor, Literary Editor, Feature Editor and Lay-out Artist; and
h. must have passed the competency examinations prepared and conducted by
the Screening Committee.
In the selection of the members of the Editorial Board for the summer term, the procedure in the preceding paragraphs of this/her Rule shall be followed.

SECTION 3. Composition of the Editorial Staff. The Editorial Staff shall be composed of: a) Editor-in-Chief; b) Associate Editor; c) Managing Editor; d) News Editor; e) Literary Editor; f) Feature Editor; g) Lay-out artist; h) Reporters; and i) Cartoonist

SECTION 4. Rights and Privileges of the Members of the Editorial Staff. The members of the Editorial Staff of any student publication are entitled to the benefits provided under Section 4 of Rule V and Section 2 of Rule IX. The members of the Editorial Staff of the Review are also entitled to:

Editor-in-Chief		100% tuition discount
Associate Editor		75 % tuition discount
Managing Editor		75 % tuition discount
News Editor		50 % tuition discount
Literary Editor		25 % tuition discount
Feature Editor		25 % tuition discount
Layout Artist		25 % tuition discount
Cartoonist		25 % tuition discount

SECTION 5. Term of Office. No member of the Editorial Staff shall hold his/her office for more than one school year, starting from the date of his/her appointment unless he shall again qualify to be a member for the succeeding Editorial Staff.
The members of the Editorial Staff who shall have qualified for the summer term shall only hold office starting from the date of their appointment until the end of the summer term. Said members shall have the same rights, duties and privileges as the members of the Editorial Staff during the school year.

SECTION 6. Security of Tenure. The members of the Editorial Staff must possess the qualifications provided under Section 2 of this Rule for their continuance in office. No member of the staff shall be suspended or expelled solely on the basis of articles he/she has written, or on the basis of the performance of his/her duties in the student publication.

SECTION 7. Resignation of a Member of the Editorial Staff/Editorial Board. The resignation by a member of the Editorial Staff/Editorial Board due to a reasonable cause shall be deemed effective only upon a favorable majority vote of all the members of the Editorial Board present during its deliberation.
The resignation shall be deemed accepted if not acted upon by the authorities concerned within fifteen (15) working days from receipt thereof.
SECTION 8. Administrative Discipline. Investigation and adjudication of administrative complaints against any erring member of the Editorial Staff/Editorial Board as well as his/her suspension or removal from office shall be in accordance with the Disciplinary Procedures as provided in the Northwestern University Student Handbook.

RULE VIII
Press Conferences/Training Seminars

SECTION 1. Delegates or Representatives to Press Conferences and Training Seminars. The member/s of the Editorial Staff/Editorial Board who shall represent the student publication in any press conference or training seminar shall be selected by and among the members of the Editorial Staff/Board in consultation with the publication adviser.

SECTION 2. Expenses of the Student Publication Staff and the Adviser at Press Conferences and Training Seminars. Expenses relative to the attendance of the student publication staff and the adviser in the divisional, regional, and national press conferences and training seminars shall be subsidized from the student publication fund and from appropriations when funds are available.

RULE IX
Tax Exemption

SECTION 1. Tax Exemption. Pursuant to paragraph 4, Section 4, Article XIV of the 1987 Constitution, all grants, endowments, donations or contributions used actually, directly and exclusively for the promotion of campus journalism as provided for in Republic Act No. 7079, shall be exempt from donor’s or gift’s tax.

RULE X
General Provisions

SECTION 1. Northwestern University shall help insure and facilitate compliance with the Implementing Guidelines of Republic Act No. 7079. It shall also act on cases brought before it.
The University, through the Publication Board, shall also exercise exclusive original jurisdiction over cases as a result of the decisions and actions related to the duties and responsibilities/functions, and policies of the Editorial Staff/Editorial Board of any student publication within its area of administrative responsibility including but not limited to the non-release of an issue of The Review. It shall conduct investigations and hearings on these cases and shall render its decision of each case within fifteen (15) days after the completion of the resolution of each case.

RULE XI
Common Provisions

SECTION 1. Interpretation. Unless otherwise stated in these Guidelines, in case of doubt as to the meaning of any provision of these Guidelines, the same shall be resolved and interpreted liberally in favor of the student journalist and/or Editorial Staff/Board.
SECTION 2. Amendment. Any amendment or repeal of these Guidelines shall be made in consultation with the representatives of the student body and the school administration.
Any amendment or repeal of these Guidelines may be proposed by:

a. any student publication;
b. the administration; or
c. the students through initiative upon a petition of a majority of the total number of officially enrolled students during the school year when such proposal was made.
The proposal for amendment or repeal shall be submitted through the Office of Student Affairs and said proposal shall be recommended through a favorable majority vote, to the President for approval.
No amendment of these Guidelines shall be authorized within one (1) year following the publication and the circulation of the same or oftener than once a year thereafter.

SECTION 3. Transitory Provisions. All provisions of these implementing guidelines shall be effective after its publication in any publication of circulation until amended except paragraph two and three, Section 2 of Rule V.
The first appointed chairman and members of the Publication Board shall hold office for a period of one year. The continued existence of the Publication Board after a period of one (1) year shall be based on its effectiveness as determined by the administration.
Should the administration decide to terminate the existence of the Publication Board, it shall propose for the amendment of the provisions affected thereby within thirty (30) days after one-year period of existence of the Board.

SECTION 4. Separability. If any provision of these Implementing Guidelines is held invalid or unconstitutional, the other provisions not affected thereby shall continue in force and effect.

SECTION 5. Effectivity. These Implementing Guidelines shall take effect thirty (30) days from its publication and circulation in any publication within Northwestern University.

APPENDIX B

Guidelines for Student Assistantship Program
Effective School Year 2006 – 2007
Academic Board Resolution No. 405-2006

Objective: The Program aims to help poor but deserving students of Northwestern University in coping with financial needs to support their education.

Requirements:

1. Bona fide student of Northwestern University. A Certification from the Registrar’s Office that the student is officially enrolled.
2. Proof of need of financial assistance. Income Tax Return (ITR) or Certification from the Barangay Captain that the annual income of parents is not more than P 60,000.00
3. Must be in good health condition. Certification from the university clinic that the applicant is physically fit for the job.
4. Good academic standing. A Rating Report of the proceeding semester duly signed by the registrar must be submitted. A Student Assistance must not incur failure or dropped grades. In case the student had “INC”, such mark should be removed first prior to acceptance of application. FOR freshman applicants a photocopy of the F 138 is needed and an applicant must have a minimum GWA of 85.
5. Willingness to take academic schedule that permits him/her to work for three (3) continuous working hours per day.
6. Must enroll a maximum of 18 units per semester.
7. Shiftees. Students are allowed to shift only once and can still re-apply for the program.
8. Must be pursuing an undergraduate course for the first time. Students who are on the second course or are already degree holders are disqualified in this/her program.
9. The assistantship program is limited to one (1) member of a family.

Application Procedure

1. Get application for from the Office of the Student Affairs (OSA)
2. Submit duly accomplished application form to the OSA for screening: and
3. Follow up result after two (2) weeks at the OSA.

Benefits of the Student Assistantship Program

1. 100% tuition fee discount for 18 units; and
2. P 1,500.00 travel allowance to be released per semester.
3. The student can avail the student assistance program until he / she finishes the course, provided all requirements are met, to wit:

a. Duly-accomplished DTR indicating completed 200 hours rendered service
b. Certification from the Head of Office

Duties and Responsibilities

1. The student assistant is required to complete two hundred (200) hours as working time per semester. The 200 hrs. must be rendered within the semester and cannot be extended on the nest semester. The student assistant must render a minimum of 40 hrs/month. Reporting hours must be limited to 8:00 – 5:00 during weekdays.
Note: Student Assistants should not be scheduled to report on Saturdays. However, if the services of the student assistants are needed on Saturdays a letter request detailing what is to be done should be submitted for approval.
2. He/she shall keep a personal daily time record (NWU OSA – 020). The form is available at the OSA. The head of office shall affix his/her / her signature in every entry in the personal daily time record.
Processing of Application
The Student Assistantship Program is under the Office of the Student Affairs (OSA). Application forms and other related forms are obtained from the same office.
1. Application forms are compiled and screened initially by the Office of the Student Affairs.
2. List of applicants who are qualified shall be submitted to the Office of the Vice – President for Academic Affairs for presentation to the Academic Board.
3. Final list would be submitted to the Office of the University President for approval.
4. Upon approval, the office of the student affairs shall prepare the assignment of the student assistance for the semester. Note: Applicant shall not be related to any of the staff of the office he / she will be working or reporting within the third civil degree of consanguinity or affinity.
5. Submit the list to the finance office for appropriation of grant / benefit.
6. Monitor performance of student assistants in their respective assignments; and
7. Assessment and evaluation of performance by assigned office and Dean of Student Affairs (DSA).

Guidance in Assigning Student Assistants
The number of students who can avail the program is prescribed by the University. The head of office who need student assistants are required to file a request according to the guideline below.

1. The office interested to employ a student assistant should fill up and submit duly accomplished form (NWU OSA – 019) to their respective head of office for approval, i.e for academic it must be approved by the Vice – President of Academic Affairs. For Administration; for finance the Vice – President for Finance; etc. The request must be accompanied with a Job Description of the Student Assistant.
2. The approved request would be submitted to the Office of the Student Affairs (OSA).
3. The OSA shall consolidate approved request and post the needs on the bulletin boards strategically located in the campus.
4. Processing of application forms and screening of applicants would be conducted;
5. Upon approval of the President, qualified applicants shall be required to report to the designated office.

APPENDIX C
REPUBLIC ACT NO. 8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

SECTION 1. Hazing, as used in this/her Act, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.
The term “organization” shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corps of the Citizen’s Military Training and Citizen’s Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this/her Act.

SECTION 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.

SECTION 3. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

SECTION 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his/her body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period.
8. The penalty of prison correctional in its maximum period (4 years, 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his/her habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen’s army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this/her provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances:

(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his/her person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his/her parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority’s adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.

The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein.
Any person charged under this/her provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

This/her section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.

SECTION 5. If any provision or part of this/her Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.

SECTION 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this/her Act are hereby amended or repealed accordingly.

SECTION 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national newspapers of general circulation.

APPENDIX D
REPUBLIC ACT NO. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

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

SECTION 1. Title. – This/her Act shall be known as the “Anti-Sexual Harassment Act of 1995.”

SECTION 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this/her end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. – Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

(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 or diminish 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.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this/her Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this/her end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this/her subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainers, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank-and-file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainers, instructors, professors or coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this/her Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The employer or head of office, educational or training institution shall be solidarily- liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken.

SECTION 6. Independent Action for Damages. – Nothing in this/her 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.

SECTION 7. Penalties. – Any person who violates the provisions of this/her 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.
Any action arising from the violation of the provisions of this/her Act shall prescribe in three (3) years.

SECTION 8. Separability Clause. – If any portion or provision of this/her Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.

SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this/her Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity Clause. – This/her Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

APPENDIX E
DRESS STANDARDS

The University acknowledges that our dress and grooming often reflects both our philosophy of life and emotional maturity. One purpose of the University, rather than prescribing all of the particulars on dress code, is to encourage each student to develop a personal lasting philosophy of dress and grooming. Acceptable dress will vary from one occasion to another. Therefore, a philosophy will embrace at least these principles.

A) Balance. Avoiding the extremes of carelessness and untidiness, and of overdressing and showiness.
B) Appropriateness. Wear casual clothes for work and recreational purposes, and select more formal clothes for classes. Thus, tight clothing, cut-offs, shorts, slippers, and other kinds of inappropriate clothing are not allowed. The professor or any authorized university official has the authority to prohibit a student from class or any other place if such student dresses inappropriately.
C) Beauty. Clothing worn should be such that gives expression to our God-given ability to appreciate beauty, creativity, harmony, and good taste.
D) Preservation of Roles. Wearing clothes which preserve the unique separate identities of gender roles and cultural values on all occasions are encouraged.
E) Professionalism. Every student carries the image of a true Northwesternian which should be shown on their choice of dresses or attire as he/she attends classes.

APPENDIX F
ANTI-BULLYING LAW REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS

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

SECTION 1. Short Title. – This Act shall be known as the “Anti-Bullying Act of 2013”.

SECTION 2. Acts of Bullying. – For purposes of this/her Act, “bullying” shall refer to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his/her property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following:

a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons;
b. Any act that causes damage to a victim’s psyche and/or emotional well-being;
c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes and body; and
d. Cyber-bullying or any bullying done through the use of technology or any electronic means.

SECTION 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools are hereby directed to adopt policies to address the existence of bullying in their respective institutions. Such policies shall be regularly updated and, at a minimum, shall include provisions which:

(a) Prohibit the following acts:
Bullying on school grounds; property immediately adjacent to school grounds; at school-sponsored or school-related activities, functions or programs whether on or off school grounds; at school bus stops; on school buses or other vehicles owned, leased or used by a school; or through the use of technology or an electronic device owned, leased or used by a school;
Bullying at a location, activity, function or program that is not school-related and through the use of technology or an electronic device that is not owned, leased or used by a school if the act or acts in question create a hostile environment at school for the victim, infringe on the rights of the victim at school, or materially and substantially disrupt the education process or the orderly operation of a school; and
Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying;

(b) Identify the range of disciplinary administrative actions that may be taken against a perpetrator for bullying or retaliation which shall be commensurate with the nature and gravity of the offense: Provided, That, in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo a rehabilitation program which shall be administered by the institution concerned. The parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation program;

(1) Reporting acts of bullying or retaliation;
(2) Responding promptly to and investigating reports of bullying or retaliation;
(3) Restoring a sense of safety for a victim and assessing the student’s need for protection;
(4) Protecting from bullying or retaliation of a person who reports acts of bullying, provides information during an investigation of bullying, or is witness to or has reliable information about an act of bullying; and
Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family members of said students;

(d) Enable students to anonymously report bullying or retaliation: Provided, however, that no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report;
(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action;
(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the mechanisms of such school for the anonymous reporting of acts of bullying or retaliation;
(g) Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the school and how parents and guardians can provide support and reinforce such policies at home; and
(h) Maintain a public recZord of relevant information and statistics on acts of bullying or retaliation in school: Provided, That the names of students who committed acts of bullying or retaliation shall be strictly confidential and only made available to the school administration, teachers directly responsible for the said students and parents or guardians of students who are or have been victims of acts of bullying or retaliation.

All elementary and secondary schools shall provide students and their parents or guardians a copy of the anti-bullying policies being adopted by the school. Such policies shall likewise be included in the school’s student and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any.

The Department of Education (DepED) shall include in its training programs, courses or activities which shall provide opportunities for school administrators, teachers and other employees to develop their knowledge and skills in preventing or responding to any bullying act.

SECTION 4. Mechanisms to Address Bullying. – The school principal or any person who holds a comparable role shall be responsible for the implementation and oversight of policies intended to address bullying.

Any member of the school administration, student, parent or volunteer shall immediately report any instance of bullying or act of retaliation witnessed, or that has come to one’s attention, to the school principal or school officer or person so designated by the principal to handle such issues, or both. Upon receipt of such a report, the school principal or the designated school officer or person shall promptly investigate. If it is determined that bullying or retaliation has occurred, the school principal or the designated school officer or person shall:

(a) Notify the law enforcement agency if the school principal or designee believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator;
(b) Take appropriate disciplinary administrative action;
(c) Notify the parents or guardians of the perpetrator; and
(d) Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of bullying or retaliation.
If an incident of bullying or retaliation involves students from more than one school, the school first informed of the bullying or retaliation shall promptly notify the appropriate administrator of the other school so that both may take appropriate action.

SECTION 5. Reporting Requirement. – All schools shall inform their respective schools division superintendents in writing about the anti-bullying policies formulated within six (6) months from the effectivity of this/her Act. Such notification shall likewise be an administrative requirement prior to the operation of new schools.

Beginning with the school year after the effectivity of this/her Act, and every first week of the start of the school year thereafter, schools shall submit a report to their respective school’s division superintendents all relevant information and statistics on acts of bullying or retaliation. The school’s division superintendents shall compile these data and report the same to the Secretary of the DepED who shall likewise formally transmit a comprehensive report to the Committee on Basic Education of both the House of Representatives and the Senate.

SECTION 6. Sanction for Noncompliance. – In the rules and regulations to be implemented pursuant to this/her Act, the Secretary of the DepED shall prescribe the appropriate administrative sanctions on school administrators who shall fail to comply with the requirements under this/her Act. In addition, erring private schools shall likewise suffer the penalty of suspension of their permits to operate.

SECTION 7. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this/her Act, the DepED shall promulgate the necessary rules and regulations to implement the provisions of this/her Act.

SECTION 8. Separability Clause. – If, for any reason, any provision of this/her Act is declared to be unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force or effect.

SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof which are inconsistent with or contrary to the provisions of this/her Act are hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.

APPENDIX G

Institutional Guidelines on Local Off-campus Trips and activities in compliance with CMO No.63, s.2017, Implementing Guidelines on Local Off-campus Trips and Activities

In compliance with CMO No. 63, s.2017, these procedures for all local off-campus trips have been devised.

Purpose
The main objective of the revisions is to ensure the exercise of due diligence of school officials and personnel in order to manage the risks involved in organizing off-campus activities and provide control measures in order to minimize, if not eliminate, risks. The revisions are also made to adopt policies that will address concerns and needs of stakeholders.

Scope
These procedures apply to all local off-campus trips involving higher education students authorized by the university. This includes all field trips, related learning experience, student competitions, extension activities and the like. For the purpose of these procedures, curricular off-campus trips refer to off-campus activities that are considered as an academic requirement for the completion of a course. All other off-campus activities are considered non-curricular.
International off-campus trips, internship, practicum, shipboard training and local on-the-job training (OJT) are excluded and are governed by their respective CMOs and procedures.

General Considerations
In proposing and approving local off-campus trips, the proponent and school officials shall consider the following:

Relevance – Considering the risks involved in conducting off-campus trips, the proponent and school officials must ensure that the activities are highly relevant to the teaching and developmental objectives of the university.

Proximity – Trips to far-flung provinces or isolated are highly discouraged. Consideration may only be made based on the relevance of the activity.

Costs – Proponents and school officials shall always consider the costs of the activity considering the economic circumstances of the students. Costly trips are highly discouraged.

Safety – The safety of the students shall always be the paramount concern in all off-campus activities. As such, the activities shall be carefully considered. It is recognized that some relevant learning and developmental activities have inherent risks. In such cases, necessary precautions shall be made.

Procedure
Proposal, Proposal Approval and Trip Approval Phase

Proposal Drafting – At least eight (8) weeks prior to the start of the semester, the proponent* plans and submits to the department head and Dean concerned as to intended off-campus activities for the whole year presented per semester. The concerned Dean shall submit to the Vice-President for Academic Affairs and Dean of Student Affairs the list of proposed off-campus activities to be undertaken for every semester in one academic year.

At least eight (8) weeks prior to the trip, proponent must have accomplished a project proposal (NWU-VPAA-003) for curriculum-based off-campus activities or (NWU-OSA-003) for non-curricular activities and must prepare the following:

a. Details of the trip: purpose, destination, duration, transportation, projected costs, number of participants
b. Determine and conduct due diligence requirements
c. Determine whether medical clearance is required
Determine whether ocular inspection of destination/s is required**
Consider weather and environmental hazards
Ensure inclusion of students in insurance coverage
Locate nearest emergency facilities at the destination/s
Coordinate with the LGU having jurisdiction of the place to be visited
Determine the number of participants and identify Personnel-In-Charge (PIC)
Coordinate with PPDO for transportation requirements***
Parallel/Alternative Activity

*Preparations are to be done in coordination with the Department Head concerned.
**Ocular inspection MAY be dispensed with if the destination is generally regarded as a safe public place within Laoag City or in the surrounding municipalities.
*** If the number of students is less than 10 and the destination is generally regarded as a safe public place, the proponent may require the students to assemble at the destination using their own means of transportation, whether public of private.

Dean’s Evaluation – Six (6) weeks prior to the trip, the proponent submits the proposal to the Dean for evaluation. The Dean may disallow the proposal considering the purpose, activities, costs and risks involved in the trip, unless acceptable revisions are made.
For non-curricular activities, the proposal shall ALSO be evaluated by the Dean for Student Affairs (DSA).

Proposal Approval; Revisions – If the Dean/DSA involved finds the proposal in order, he/she shall forward the same to the VP-Finance and VPAA for recommendation and to the President for approval. The proposal may be disapproved or revised until approved.

Notice of Consultation – If the proposal is approved by the President, the Dean/DSA shall require the proponent to issue the notice to the parents/guardians of the student-participants and consent forms to be accomplished and notarized. Medical examination of student-participants shall be conducted, if necessary, depending on the nature of participation of student/students.

Consultation – The Dean shall organize and conduct the consultation with students discussing the activities concerned and fees to be collected. The Dean shall ensure that attendance and the minutes of the consultation are recorded.

Submission of Requirements – At least four (4) weeks prior to the trip, the proposal, using the project proposal form, is submitted to the VPAA for evaluation. The proposal shall have the following as required attachments:
a. Report on due diligence activities
b. Notarized Consent Forms of participants
c. Medical clearance of participants, if necessary
d. Attendance and minutes of consultation
e. List of Personnel-in-Charge (PIC) and ratio between PIC and student-participants
f. LTRFB franchise of DOT Accreditation for contracted transportation service (to be provided by PPDO), if vehicle to be used is other than the University vehicle/s.
g. Certificate of Compliance signed by the Personnel-in-Charge and the Dean of the college concerned

Budget Checking – If found in order, the VPAA endorses the proposal to the VP Finance for budget checking.

Recommendation for Trip Approval – Upon budget clearance, the VPAA signs the Report of Compliance and Certificate of Compliance, and recommends the approval of the trip to the President.

Trip Approval – The President shall review the proposal and approve the same if found in order. no trip shall be conducted without the final approval of the President.

Transmittal of the Certificate of Compliance – The President shall sign the Certificate of Compliance. The Office of the President shall transmit the Certificate of Compliance to CHEDRO I after notarization at least fifteen (15) days prior to the conduct of the trip.

Conduct Phase

The PIC shall monitor weather, environmental and road conditions at the place of departure, destination and the areas where travel shall be conducted prior and during the trip.
The PIC shall ensure that only students with notarized consent forms shall participate in the trip.
The PIC shall also ensure the inclusion of nurses or student nurse/s with First Aid Certificate on long distance trips. Emergency Aid Kit has to be available in all off-campus trips and activities of whatever nature.
The PIC shall be present at the assembly area at the start of and throughout the assembly time. Only approved personnel and students shall be allowed to board the vehicle.
The PIC shall accomplish trip report-before, during and after, whether the University vehicle or another vehicle is being used indicating the following:
Number of expected participants
Number of actual participants
Vehicle used/Plate No./Registration Requirements
Name of Driver/Driver’s License No.
Description of vehicle i.e. Airconditioning units, seats, cleanliness, curtains, radio/TV, etc.

Remarks

The PIC shall ensure that itinerary shall be strictly followed. All personnel and students are not allowed to conduct private trips or excursions during the trip. Even so-called side trips need to be included in the itinerary submitted.

The PIC shall organize a system to ensure the safety of the students such as periodic head counts, buddy-system and distribution of contact information for emergency purposes.

The PIC shall immediately report to the Dean should there arise any incident needing immediate attention.

The Dean shall inform the VPAA of the incident for the action without delay.
The Crisis Committee shall be composed of the President, EVP/VPA, VPAA, DSA, and Legal Officer.

Post Trip Phase

Upon return to the campus, or during the next class schedule, the PIC shall conduct a post-trip evaluation to determine the effectiveness of the activity in light of the desired learning outcomes, commendations and comments, and problems encountered.

The PIC shall report the outcome of the evaluation to the Dean.

The Dean shall forward the report to the VPAA should there be substantial concerns to be addressed.

The Dean shall accomplish the Comprehensive Semestral/Term Report prescribed by CMO No. 63, s.2017 and submit the same within 5 days after the end of the semester or term and submit the same to the VPAA.
The VPAA shall then transmit the report to the President for signing. The Office of the President shall transmit the Comprehensive Semestral/Term Report to the CHEDRO I.

Final Guidelines

1. While these procedures prescribe timeframes in the Proposal, Proposal Approval and Trip Approval, proposals and trips may still be approved even if the timeframe is not strictly observed, provided that the requirements are fully complied with prior to departure for the trip.
2. In no case shall a trip be conducted without the trip approval given by the President or, in his absence, the EVP or VPAA.
3. Parental consent forms OSA F06A for all activities for the whole academic year may be notarized altogether provided that the off-campus activities are specified including the tentative dates when they will be undertaken; and provided further that only parent/s and/or guardian/s shall sign the parental consent forms and attach their government-issued IDs.
4. Off-campus activities which are not included in the list previously notarized shall require another notarized parental consent form. PIC cannot sign in lieu of parent/s or guardian/s.
5. Medical certificate shall be made valid for six (6) months. Any change in medical condition need to be disclosed prior to departure especially for pregnant women and with newly- diagnosed illnesses or diseases. Pregnancy tests and other laboratory tests may be required depending on the nature of the activity or activities involved in local off-campus trip/s.
6. Students without the required parental consent shall not be allowed to participate in the trip. In the same way, those who have not been medically cleared to participate where the activity requires such clearance shall not be allowed to participate in the trip.
7. For students of the College of Law and the Vedasto J. Samonte School of Graduate Studies, parental consent may be dispensed with if they are already of the age of majority and they are not dependent on a parent or guardian for their support. However, they shall be required to execute an affidavit to this effect and that they understand the risks involved in the trip and that they are freely participating in the off-campus trip.
8. PIC shall ensure that all the requirements are complied with prior to departure. He/she shall be held administratively liable for any injury upon student or the University as a consequence of any omission on the requirements set forth by CMO No.63, s.2017 and as provided in the Faculty and Employee Manual.
9. PIC shall collate all pre-during and post-evaluation of the local off-campus trips and include the results thereof in the narrative /travel report.
The VPAA or DSA shall send a copy of the reports to the CHED.
The OVPAA shall be the custodian of end-reports of local off-campus trips for curricular requirements while the OSA shall be the custodian of local off-campus trips which are non-curricular.
Participants in the local off-campus activities may use their own vehicles, provided that the distance of the destination to the University is within a 30-kilometer radius. Beyond this distance, the PIC shall ensure that the University vehicles or an accredited transportation would have to be utilized.

APPENDIX H

Data Privacy Manual of NWU as Implementing rules ang guidelines for Republic Act. No. 10173 otherwise known as DATA PRIVACY ACT OF 2012

This Privacy Manual is hereby adopted in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA), its Implementing Rules and Regulations, and other relevant policies, including issuances of the National Privacy Commission. This manual is also in accordance with relevant provisions of the

Revised Manual of Regulations for Private Higher Education and other related laws. Northwestern University, Incorporated (NWU) respects and values it students, employees and clients’ data privacy rights, and makes sure that all personal data collected by NWU are processed in adherence to the general principles of transparency, legitimate purpose, and proportionality.

This Manual shall contain information, rules and guidelines of NWU’s data protection and security measures, and may serve as your guide in exercising one’s rights under the DPA.

Definition of Terms

Commission shall refer to the National Privacy Commission created by virtue of this Act.
Consent of the data subject refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to do so.
Data refers to information collected from the data subjects including personal information and sensitive information. It also includes any result of an administrative, civil, or criminal investigation and/or proceeding that the University.

Data Protection Officer refers to the head of data protection of this University. He/she shall also be the head of the Data Privacy Committee that will investigate data breaches.

Data collection point/s refers to any department of the University that collects and stores personal data either from students, employees or its clients.

Data subject refers to an individual whose personal information is processed. This includes students, employees, and or clients of Northwestern University.
Filing system refers to any act of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular person is readily accessible.

Information and Communications System refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.

Personal information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
Personal Information Controller refers to a person or organization that controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The head of each department and colleges (Data Collection Points) shall be designated as such.

Personal Information Processor refers to any natural or juridical person qualified to act as such under this Act to whom a Personal Information Controller may designate the collection and processing of personal data pertaining to a data subject.

Processing refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.
Sensitive personal information refers to personal information:
About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

About an individual’s health, education, genetic or sexual life of a person, salary or emoluments or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any proceedings;
Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation, and tax returns;

Student address, class schedule, telephone/mobile number, personal e-mail address, grades, standing, and

Information specifically established by an executive order or an act of Congress to be kept classified.
University System – refers to the hardware, software or any other device used by the University to store, process, and manipulate data gathered.

II. Scope and Limitations

All employees, whether academic or non-academic, and students of NWU, regardless of the type of employment or contractual arrangement, must comply with the terms set out in this Privacy Manual.

III. Northwestern University Data Privacy Organizational Structure, Data Collection Points and Data Privacy Committee

Organizational Structure

In compliance with DPA and its regulations, the Data Protection Officer shall be the Director of the CICT, and shall serve as the head for data privacy concerns. All head of the Data Collection Points (Department Heads) of the University shall be designated as the Personal Information Controller. In every data collection point, a Personal Information Processor shall be assigned and registered with the CICT.

Data Collection Points
For the purpose of this manual, the Data Collection Points are divided into two: Non-academic and Academic Departments.
Non-academic Departments comprises:

Institutional Planning and Organizational Development Department
Dental Clinic
Medical Clinic
Legal Office
Academic Departments comprises:
All colleges of the University
Guidance Office
Registrar’s Office
Office of the Student Affairs
Basic Education Department

Data Protection Committee

A Data Protection Committee is hereby created to comply with the DPA. Members of the Committee shall be composed of five Personal Information Controllers as members and the Data Protection Officer as the Head. The Data Protection Committee shall be responsible for:

Investigation of data breaches or possible violation of this manual and data privacy laws
The filing of administrative cases to the proper authority in the University;
Setting up of security measures to strengthen the data security;

The Data Protection Committee shall convene in cases of data breach, hacking, and or illegal access or destruction of personal data in the University system. The head of the committee shall recommend the members to the University President and upon approval shall convene not later than three (3) working days upon the discovery of the breach, hacking, illegal accessor destruction of personal data collected and/or stored by the University.

Data Storage Types
There are two data storage type existing in the university: digital and physical. Digital data are those that are entered into and stored into the University’s system or in any computer, whether it be the mainframe of the University or computer of each collection points. On the other hand, physical data are those physically written or documents that are typically referred to as “hard copy.” Until the university shall have all its process of data collection and storage digitized, these two types of data storage shall be treated as the same in this Manual.

Processing of Personal Data
Data Collection

The University collects data from the different Data Collection Points from its students, employees and/or clients.

1. Data is collected by the designated Personal Information Processor under the supervision of the Personal Information Controller.
2. Information from the data subjects is collected through several modes, including the accomplishment of forms, collection of documents (e.g. photocopy of birth certificate, TOR etc.), and or direct input to the University’s system by the Personal Information Processor with the supervision of the Personal Information Controller or the latter itself.
3. The Personal Information Controller shall supervise the collection and processing of Data from the data subjects in accordance to the provisions of this manual and other relevant laws, rules and regulations.
4. The data collected by the different Data Collection Points are only those that are relevant to each of the Data Collection Points as described in their respective Work Process Manual.

Non-academic Departments comprises:

Institutional Planning and Organizational Development Department
Dental Clinic
Medical Clinic
Legal Office
Academic Departments comprises:
All colleges of the University
Guidance Office
Registrar’s Office
Office of the Student Affairs
Basic Education Department

Data Protection Committee

The filing of administrative cases to the proper authority in the University;
Setting up of security measures to strengthen the data security;

Storage of Data

1. The University, through its Personal Information Processor with the direct supervision of their respective Personal Information Controller and ultimately its Data Protection Officer, shall ensure that personal data under its custody are protected against any accidental or unlawful destruction, alteration and disclosure as well as against any other unlawful processing. The University, through its data protection officer shall implement appropriate security measures in storing collected personal information, depending on the nature and kind (physical or electronic) information.

2. All information gathered shall be retained according to the Work Instruction Manual of each of the Data Collection Points. Data collected shall be stored in accordance to filing system created by the University. Except for the Transcript of Records, all other hard and soft copies of personal information shall be disposed and destroyed in accordance with the Data Collection Points Work Instruction Manual. Disposal shall be through secured means.

3. The University through its Data Protection Officer shall put up physical and electronic measures for the protection of stored data.

Use of Data

1. The collected data by the different Data Collections Points shall only be used in accordance to the Work Instruction Manual of each of the latter. However, the ultimate use and purpose of the collected data is to maintain the record relevant to the data subjects’ educational, health, and status in the University. Example: The Registrar’s Office shall only use the data in accordance to what is needed for registration.
2. Personal and sensitive personal information shall be kept strictly confidential and said data shall only be used for lawful purposes.
3. Any other use of data shall not be allowed and any person that violates the preceding shall be liable administratively, without prejudice to any other liabilities under DPA.

Access of Data

1. All personal data collected or in possession of the University shall be considered confidential. Only designated and authorized persons shall have access to the data of each collection points.
2. Only the University President, the Executive Vice-President and the Data Protection Officer shall have access to data from each of the Data Collection Points. The Vice-President for Academic Affairs, Vice-President for Finance, and the Vice-President for Research shall only have access to their respective departments. Permission from the concerned Vice-President, the Executive Vice-President or the President of the University must be had before any data can be viewed or processed outside their respective departments.
3. Personal Information Controllers shall only have access to their respective collection points.
4. A data subject can have access to his/her own record or view the information therein provided that that a formal request shall be addressed to the Personal Information Controller, stating therein the purpose. The latter shall only be allowed to view the information pertaining to him/her and shall not be allowed to view any other.
Editing, revision, alteration and or modification of stored data shall only be done by the Personal Information.
5. Controller or by the Personal Information Processor with the supervision and approval of the former.

Disclosure and Sharing

1. All employees and personnel of the University shall maintain the confidentiality and secrecy of all personal data that come to their knowledge and possession, even after graduation, resignation, termination of contract, or other contractual relations. Personal data under the custody of the University shall be disclosed only pursuant to a lawful purpose, and to authorized recipients of such data.
2. Sensitive personal data collected by the University as a whole cannot be discloses and shared to any third person.
The only exceptions are:

a. The data subjects have expressly consented to the disclosure or sharing of his/her own sensitive personal data;
b. Upon formal request of government agencies for lawful purposes;
c. Upon order issued by a competent Court.

3. For purposes of sharing, transmitting, and or providing official communications containing sensitive and personal data of a data subject, the official and/or secondary e-mail addresses of each collection point shall be used. In cases of physical or hard copies of data, the official header of the University as well as data collection point shall be strictly used.

4. Sharing of personal information by and between each Data Collection Points can only be made upon the written request of the respective Personal Information Controller stating therein the purpose of the request and how the data shall be used. Only relevant personal data shall be shared.
In cases wherein a third-party requests for any personal data, a formal request must be first be accomplished and the approval of the Data Protection Officer and the University President, in his or her absence, the Executive Vice-President shall be needed for it to be shared.

Security Measures
Organizational Security Measure

The Data Protection Officer shall attend relevant Data Privacy Trainings and/or seminars at least once every two years and the same shall keep abreast of the latest Data Privacy rules and regulations.
The University shall sponsor a mandatory training on data privacy and security at least once a year. For personnel directly involved in the processing of personal data, including but not limited to Personal Information Controllers and Personal Information Controllers.

Prevention of Breach and Security Incidents (Digital)

For the purpose of maintaining a safe and secure data, the University led by the Data Protection Officer shall monitor all internet traffic and computer activities that is connected to the intranet through its filtering systems, firewall and all domain joined devices through monitoring software and server operating system services.

As a Security measure for the personal data being held, the following measures for data protection include:

a. Using strong passwords by all those who have authorized access to Personal Data;
b. Installing a firewall and virus checker on computers;
c. Encrypting any personal information held electronically;
d. Disabling any ‘auto-complete’ settings; and
e. Checking the security of storage systems.

As a policy, computer terminals that have access to personal data shall have an operating system under lock when not in use.

The University, through the Data Protection Officer or authorized personnel shall ensure that hard drives are erased securely by permanently erasing the data or formatting when disposing the same.

Prevention of Breach and Security Incidents (Physical)

Personal and other information acquired shall be stored or filed accordingly in a safe area and shall be under the direct supervision and custody of the Personal Information Controller.

The safe area mentioned above, shall be a separate room or space that can be easily be accessed by others.

Physical security measures shall include:
Putting locks in data storage rooms;
Placing personal data in filing cabinets with locks;

Only the Personal Information Controller and the Personal Information Processor with the authority from the former shall have access to the data.

All information released on hard (physical) copies shall be signed by the Data Protection Officer and approved by the head of the concerned Data Collection Point/s. The purpose of the release of the data or information shall also be indicated in the document.

Backup and Restoration of Personal Data
To reduce the possibility and increase recovery from data losses, the University shall perform regular digital backups, preferably on a daily basis at least for domain user files which are updated often. The method of doing digital backups is to save them on separate media, removable drive or external hard drive and store the backup file in a different location.

The following processes shall be applied to help ensure the University’s information is backed up and easily restored in the most efficient, effective and practicable manner:

All data, operating systems, databases, active directory and network configuration are routinely backed up, including other software that may be needed in the event of a system re-installation or recovery;
All backup media are physically secured and must be encrypted and logged including the date of backup;

Backup media are stored in a locked, secure place with restricted access to personnel and must be in a different location from the original data to prevent any breach;

Routine testing is performed to ensure backups are capable of being restored; and
When backup media has reached end of life it must be securely disposed by formatting the media and/or destroying the hard drive.

Breach and Security Incidents

Upon report or discovery of data breach or any security incident, the Data Protection Officer shall immediately create a Data Protection Committee.

The Data Protection Officer shall choose four members from the Personal Information Controllers. However, the Personal Controller of the Data Collection Point wherein the breach or security incident occurred shall be excluded as a member of the committee.

The Data Protection Officer shall immediately recommend to the University President the four members which will comprise the Data Protection Committee.

Pending approval or recommendation of the members of the Data Protection Committee, the Data Protection Officer shall immediately make initial measures to mitigate the adverse effects of the breach or incident and create actions to prevent the continuing breach.

Upon approval of the members, the Data Protection Committee shall make an assessment of the breach and immediately make more comprehensive measures to mitigate the adverse effects of the breach or incident and create a more comprehensive action/s to prevent the continuing breach.

The Data Protection Committee shall make a detailed documentation of the breach and within five days, make a report and recommendation to the University President on what action/s will be done. Recommendation may include the filing of administrative case against erring persons and other measures to prevent another occurrence of the breach or security incident.

This process is without prejudice to any administrative, civil or criminal suit that may be initiated against any party who may be held liable for a violation of this manual, or failure to comply with any obligation required of personnel, and violations of the DPA and other relevant laws.

The Data Protection Officer shall be responsible for reporting the incident to the National Privacy Commission, however he/she may delegate the making of notice to the Data Subjects that are affected by the breach or security incident.
The documentation shall also be part of the annual report of the Data Protection Officer that will be submitted to the National Privacy Commission. The report shall be submitted within the time prescribed by the DPA.

Inquiries and Complaints
Inquiries or request for information regarding any matter relating to the processing of personal data under the custody of the concerned Data Collection Point/s, including the data privacy and security policies implemented to ensure the protection of personal data is allowed. A formal request to the

University and its subsequent approval by the University President is a prerequisite for the release of the aforementioned information. The Processing and release of the requested document is subject to the guidelines set by the concerned Data Collection Point/s.

Effectivity
The provisions of this Manual are effective this __ day of _______, 2018, until revoked or amended by this company, through a Board Resolution No. _____________

Annexes

Consent Form
Access Request Form
Privacy Notice
Request for Correction or Erasure

APPENDIX I
Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

SECTION 1. Short Title. – This Act shall be known as the “Anti-Photo and Video Voyeurism Act of 2009”.
SECTION 2. Declaration of Policy. – The State values the dignity and privacy of every human person and guarantees full respect for human rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity and integrity of a person.
SECTION 3. Definition of Terms. – For purposes of this Act, the term:

(a) “Broadcast” means to make public, by any means, a visual image with the intent that it be viewed by a person or persons.

(b) “Capture” with respect to an image, means to videotape, photograph, film, record by any means, or broadcast.

(d) “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 persons.

(e) “Private area of a person” means the naked or undergarment clad genitals, public area, buttocks or female breast of an individual.

(f) “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.

SECTION 4. Prohibited Acts. – It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture 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) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device, repealed, modified or amended accordingly.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein.

SECTION 5. Penalties. – The penalty of imprisonment of not less than three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act.

If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media.

If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines.

SECTION 6. Exemption. – Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided,

That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such, crime.

SECTION 7. Inadmissibility of Evidence. – Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.1avvphi1

SECTION 8. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remaining provisions not affected thereby shall remain valid and subsisting.

SECTION 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby

SECTION 10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE
President of the Senate
the House of Representatives

APPENDIX J
REPUBLIC ACT NO. 9211

AN ACT REGULATING THE PACKAGING, USE, SALE DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES

SECTION 1. This Act shall be known as the “Tobacco Regulation Act 2003.”

SECTION 2. It is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness among them. It is also the policy of the State, consistent with the Constitutional ideal to promote the general welfare, to safeguard the Interests of the workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute a balanced policy whereby the use, sale, and advertisements of tobacco products shall be regulated in order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke, and at the same time ensure that the interest of tobacco farmers, growers, workers and stakeholders are not adversely compromised.

SECTION 3. It is the main thrust of this Act to:

a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the provision of this Act.

SECTION 4. As used in this Act:

a. – refers to any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcasts, electronic, print or whatever form of mass media, including outdoor advertisements, such as but no limited to signs and billboards. For the purpose of this Act, advertisement shall be understood as tobacco advertisement.
b. – refers to the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically refer to any messages and images promoting smoking; the purchase or use of cigarette or tobacco trademarks brand names, design and manufacturer’s names;
c. – refers to a person or entity on whose account of for whom an advertisement is prepared and disseminated by the advertising agency, which is service established and operated for the purpose of counseling or creating and producing and/or implementing advertising program in various forms of media;
d. – refers to any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use;
e. – refers to any person to whom a tobacco product is delivered or sold for purposes of distribution in commerce, except that such terms do not include a manufacturer or retailer or common carrier of such product;
f. – refers to any medium of communication designed to reach a mass of people. For these purposes, mass media includes print media such as, but not limited to, newspapers, magazines, and publications; broadcast media such as, but not limited to, radio, television, cable television, and cinema; electronic media such as but not limited to the internet;
g. – refers to any person below eighteen (18) years old;
h. – refers to any person entity, including a re-packer, who makes, fabricates, assembles, processes, or labels a finished product;
i. – refers to pack, boxes, cartons or containers of any kind in which any tobacco product is offered for sale to consumers;
j. – refers to an individual, partnership, corporation or any other business or legal entity;
k. – refers to any location at which an individual can purchase or otherwise obtain tobacco products;
l. – refers to an event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer’s name, trademark, logo, etc. on non-tobacco products. This includes the paid use of tobacco products bearing the brand names, trade names, logos, etc. in movies, television and other forms of entertainment.
For the purpose of this Act, promotion shall be understood as tobacco promotion;
m. – refers to mode of transportation servicing the general population such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles;
n. – refer to enclose or confined areas of all hospitals, medical clinics, schools, public transportation terminals and offices, and building such as private and public offices, recreational places, shopping malls, movie houses, hotels, restaurants, and the like;
o. – refers to any person who or entity that sells tobacco products to individuals for personal consumption;
p. – refers to the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhaled or smoked;
q. – refers to any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur without such contribution. For the purpose of this Act, sponsorship shall be understood as tobacco sponsorship;
r. – refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products;
s. – refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act pertaining to cigarettes shall apply to other tobacco products;
t. – refers to any person who plants tobacco before the enactment of this Act and classified as such by the National Tobacco Administration (NTA); and
u. – refers to the notice printed on the tobacco product or its container and/or displayed in print or alert in broadcast or electronic media including outdoor advertising and which shall bear information on the hazard of tobacco use;

HEALTHFUL ENVIRONMENT

SECTION 5. Smoking shall be absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old;
b. Elevators and stairwells;
c. Location in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials; y
d. Within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;
e. Public conveyance and public facilities including airport and ship terminals and train and bus stations, restaurant and conference halls, except for separate smoking areas; and
f. Food preparation areas.

SECTION 6. In all enclosed places that are open to the general public, private workplaces, and other places not covered under the preceding section, where smoking may expose a person to the other than the smoker to tobacco smoke, the owner, proprietor, possessor, manager or administrator of such places shall establish smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.
All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the Information and guidance of all concerned. In addition, the sign posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-smoking areas shall likewise have at least one (1) legible and visible sign, namely: “NO SMOKING AREA” or “NO SMOKING”.

ACCESS RESTRICTIONS

SECTION 7. Unless the vending machine has a mechanism for age verification, the sale or distribution of tobacco products to minors by means of a vending machine or any self-service facility or similar contraption or device is prohibited, except at point-of-sale establishments.

SECTION 8. Each retailer shall ensure that all tobacco-related self-service displays or facilities, advertising, labeling and other items that are located in the establishment of the retailer and that do not comply with the requirements of this Act are removed or are brought into compliance with the requirements of this Act.

SECTION 9. Under this Act, it shall be unlawful:

a. For any retailer or tobacco products to sell or distribute tobacco products to any minor;
b. For any person to purchase cigarettes or tobacco products from a minor;
c. For a minor to sell or buy cigarettes or any tobacco products; and
b. For a minor to smoke cigarettes or any other tobacco products. It shall not be a defense for the person selling or distributing that he/she did not know or was not aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor to whom it was sold.

SECTION 10. The sale or distribution of tobacco products is prohibited within one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by minors.

SECTION 11. Point-of-Sale establishments offering, distributing or selling tobacco products to consumers, shall post the following statement in a clear and conspicuous manner: “SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF
TOBACCO PRODUCTS IS UNLAWFUL” or ” IT IS LAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE”.

SECTION 12. In case of doubt as to the age of the buyer, retailers shall verify, by means of any valid form of photographic identification containing the date of birth of the bearer, that no individual purchasing a tobacco is below eighteen (18) years of age.
ADVERTISING AND PROMOTIONS

SECTION 13. Under this Act:

a. All packages in which tobacco products are provided to consumers withdrawn from the manufacturing facility of all manufacturers or imported into the Philippines intended for sale to the market, starting 1 January 2004, shall be printed, in either English or Filipino, on a rotating basis o separately and simultaneously, the following health warnings:
“GOVERNMENT WARNING: Cigarettes are Addictive”;
“GOVERNMENT WARNING: Tobacco Can Harm your Children”; or “GOVERNMENT WARNING: Smoking Kills.”
b. Upon effectivity of this Act until 30 June 2006, the health warning shall be located on one side panel of every tobacco product package and occupy not less than fifty percent (50%) of such side panel including any border or frame.
c. Beginning 1 July 2006, the health warning shall be on the bottom portion of one (1) front panel of every tobacco product package and occupy not less than thirty percent (30%) of such panel including any border or frame. The text of the warning shall appear in clearly legible type in black text on a white background with a black border and in contrasts by typography; layout or color to the other printer materials on the package. The health warning shall occupy a total area of less than fifty percent (50%) of the total warning frame.
d. The warning shall be rotated periodically, or separately and simultaneously printed, so that within any twenty-four (24) month period, the four (4) variations of the warnings shall appear with proportionate frequency.
e. The warning shall not be hidden or obscured by other printed information or images, or printed in a location where tax or fiscal stamps are likely to be applied to the package or placed in a location where it will be damaged when the package is opened. If the warning to be printed on the package is likely to be obscured or obliterated by a wrapper on the package, the warning must be printed on both the wrapper and the package.
f. In addition to the health warning all packages of tobacco products that are provided to consumers shall contain, on one side panel the following statement in a clear, legible and conspicuous manner; “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS.” The statement shall occupy an area of not less than ten percent (10%) of such side panel and shall appear in contrast by color, typography or layout with all the other printed material on the side panel.
g. No other printed warnings, except the health warning and the message required in this Section, paragraph F shall be placed on cigarette packages.

SECTION 14. Under this Act:

a. All tobacco advertising in mass media shall contain either in English or Filipino, the following health warning; “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health.”
b. For print and outdoor advertisement, the warning frame shall be centered across the bottom of the advertisement and occupy a total area of not less than fifteen percent (15%) of such advertisement including any border or frame. The text of the health warnings shall be clearly visible and legible, printed in a prominent color as approximate and shall appear in contrast by color, typography or layout with all other printed material in the advertisement. The warning shall not be hidden or obscured by other printed information or images in the advertisement.
c. For television and cinema advertisements, the warning shall be clearly shown and voiced over in the last five (5) seconds of the advertisement, regardless of the duration of the advertisement, even when such advertisement is silent. The health warning shall occupy a total area of not less than fifty percent (50%) of the television screen and shall be clearly visible, legible, and audible, in black text on white background or white text on black background. No other images except in writing shall be included in the warning frame.
d. For radio advertisement, the warnings stated after the advertisement shall be clearly and audibly voiced over in the last five (5) seconds of the advertisement, regardless of its duration.

SECTION 15. The following restrictions shall apply to all tobacco advertising:

a. Advertisement shall not be aimed at or particularly appeal to persons under eighteen (18) years of age.
b. Advertisement shall not feature a celebrity or contain an endorsement, implied or express by a celebrity.
c. Advertisement shall not contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals, plants or other objects.
d. Advertisement shall not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public.

SECTION 16. The following restrictions shall apply to all print media tobacco advertisements:

a. Advertisements shall not be placed in any printed publication unless there is a reasonable basis to believe that at least seventy-five percent (75%) of the readers of such publication are eighteen (18) years of age and above, and the number of youth who read it constitutes less than ten percent (10%) of all youth in the Philippines.
b. Advertisements shall not be placed on the packaging or outside covers (front and back) of a magazine, newspaper, journal or other publication printed for general circulation.

SECTION 17. The following restrictions shall apply to all print media tobacco advertisements:

a. Outdoor advertisements shall not be placed on billboards, wall murals, or transport stops or stations which are within the one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by persons below eighteen (18) years of age.
b. Outdoor advertisements shall not, either individually or when placed in deliberate combination with other outdoor tobacco advertising, exceed seventy (70) square meters in total size.
c. Outdoor advertisements shall not be placed on taxis, buses, trains or other public conveyance or in stations, terminals or platforms thereof, except point of-sale establishments.

SECTION 18. Tobacco advertisements are prohibited in connection with the showing of any film where persons below eighteen years old are permitted admission.

SECTION 19. Advertisements shall not be broadcast on television, cable television, and radio between seven o’ clock in the morning and seven o’ clock at night.

SECTION 20. No electronic advertisements shall be incorporated within any video or audio cassette, videogame machine, optical disc or any similar medium, unless access to the item is restricted to persons eighteen (18) years of age or older.
For the purpose of this Section, video game includes any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is designed to be used with a television set or monitor that interacts with the user of the device.

SECTION 21. Advertisements are prohibited on the Internet and other similar medium unless that Internet site is restricted to persons eighteen (18) years of age or older. A site will be deemed restricted if a person cannot obtain access beyond the first page of the website unless the persons has established that he or she is at least eighteen (18) years old. This limitation applies to commercial communications and shall not prevent the use of company Internet websites to provide information regarding a company, its products and smoking and health related information. This Section shall prohibit business-to-business transactions conducted on the Internet, and other similar medium between tobacco manufacturers, retailers and distributors.

SECTION 22. Beginning 1 January 2007, all tobacco advertising on television, cable television and radio shall be prohibited.
Beginning 1 July 2007, all cinema and outdoor advertising shall be prohibited. No leaflets, posters and similar outdoor advertising materials be posted, except inside the premises of point-of-sale retail establishments. Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be prohibited except tobacco advertisements placed inside the premises of point-of- sale establishments.

SECTION 23. The following restrictions shall apply on all tobacco promotions.

a. Promotions must be directed only to persons at least eighteen (18) years old. No person below eighteen (18) years old or who appear to be below eighteen (18) years old may participate in such promotions. The participants in promotions must be required to provide proof of age.
b. Communications to consumers about tobacco promotions shall comply with the provisions of this Act governing tobacco advertising. In addition to the required health warning, the age requirement for participation in any promotion must be clearly marked on the program materials distributed to consumers.
c. All stalls, booths and other display concerning tobacco promotions must be limited to point-of-sale of adult only facilities
d. Telephone communications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino consistent with the warnings specified in this Act.
e. No placement shall be made by manufacturer, distributor, or retailer of any tobacco product or tobacco product packages and advertisement as a prop in any television program or motion picture produced for viewing by the general public or in a video, or optical disc or on video game machine.
f. The name, logo or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, of other smoking related items. If such name, logo or other indicia of the cigarette brand is larger than fifty (50) square centimeters, the item must carry a health warning consistent with the warnings specified in this Act.
g. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or offered, directly or indirectly, with the name, logo or other indicia of a cigarette brand displayed so as to be visible to others when worn or used. Clothing items must be in adult sizes only.
h. No name, logo or other indicia of a cigarette brand or element of a brand related marketing activity, may appear on items that are marketed to or likely to be used by minors such as but not limited to sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food. The manufacturer or company must take all available measures to prevent third parties from using the company’s brand names. Logos or other proprietary material on products that are directed toward minors.
i. No tobacco advertisements may be placed on shopping bags.

SECTION 24. Subject to the provision of this Act:

a. No manufacturer may enter into any agreement pursuant to which payment is made or other consideration is provided by such manufacturer to any sports league, or any team involved in any such league, in exchange for use of tobacco products brand.
b. No manufacturer may enter into any agreement for the naming rights of any stadium or arena using a tobacco product brand name or otherwise cause a stadium or arena to be name with such a brand name.

SECTION 25. Beginning 1 July 2006:

a. No sponsorship shall be provided for:

(1) an event or activity which bears a tobacco product brand name, unless there is reasonable basis to believe that all persons who compete or otherwise taken an active part, in the sponsored events or activities, are person eighteen (18) years of age or older;
(2) a team or individual bearing a tobacco product name, unless all persons under eighteen (18) years of age or older;
(3) a sponsored event or activity reasonably believed to be particular appear to persons under eighteen (18) years old.

b. Tobacco brand sponsorship shall be prohibited except where there is a reasonable basis to believe that:

(1) attendance at the sponsored event or activity will comprise no less than seventy-five percent (75%) persons at least eighteen years of age or older;
(2) the sponsored event or activity will not be of particular appeal to persons under eighteen (18) years old;
(3) the sponsored event or activity will not receive exposure, other than as a news item, on television or radio or the Internet, unless such exposure complies with the provisions of this Act governing tobacco marketing through those media; and
(4) the principal activity associated with the sponsorship does not require above-average physical fitness for someone of the age group of those taking part.

c. All persons authorized to bear tobacco product advertisement, logos and brand names at sponsored events shall be at least eighteen (18) years old.

d. All forms of advertising associated with or ancillary to sponsorship shall comply with the marketing provisions of this Act.

SECTION 26. Beginning 1 July 2008, cigarette and tobacco companies are hereby prohibited from sponsoring any sport, concert, cultural art or event, as well as individual and team athletes, artists, or performers where such sponsorship shall be required or involve the advertisement or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or trademarks and other words, symbols, designs, colors or other depictions commonly associated with or likely to identify a tobacco product; That no manufacturer may register a tobacco brand name as a company name after the passage of this Act.

SECTION 27. The distribution of samples of tobacco products to persons below eighteen (18) years old is prohibited.

SECTION 28. Any legal action in connection with the tobacco industry shall be governed by the provisions of the Philippine Civil Code and other applicable laws.
IMPLEMENTING AGENCY AND APPLICATION

SECTION 29. An Inter-Agency Committee- Tobacco (IAC-Tobacco), which shall have the exclusive power and function (P5,000.00) but not more than Ten Thousand pesos (Php10,000.00), the business permits and licenses to operate shall be cancelled or revoked. to administer and implement the provisions of this Act, is hereby created. The IAC-Tobacco shall be chaired by the Secretary of the Department of Trade and Industry (DTI) with the Secretary of the Department of Health (DOH) as Vice Chairperson. The IAC-Tobacco shall have the following members:

a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ); y
c. Secretary of the Department of Environment and Natural Resources (DENR);
d. Secretary of the Department of Science and Technology (DOST);
e. Secretary of the Department of Education (DepEd);
f. Administrator of the National Tobacco Administration (NTA);
g. A representative from the Tobacco Industry to be nominated by the legitimate and recognized associations of the industry; and
h. A representative from a non-government organization (NGO) involved in public health promotion nominated by DOH in consultation with the concerned NGO’s; The Department Secretaries may designate their Undersecretaries as their authorized representatives to the IAC.

SECTION 30. This provision of this Act shall apply to all tobacco products placed into commerce in the Philippines. Except as provided below, no provision of this Act shall apply to tobacco products intended or offered by the manufacturer for export and not for (retail) sale in the Philippines. Tobacco products intended or offered for export shall be subject only to the requirement that the shipping container shall be prominently marked on the outside “Export Only,” that tobacco products which are marked for export, but are sold/traded or distributed in the Philippine market, shall be subject to immediate confiscation and destruction.

SECTION 31. Not later than one (1) year after the date of the effectivity of this Act, and annually thereafter, the IAC-Tobacco shall submit to the President of the Philippines and to both Houses of Congress a Compliance Monitoring Report on the compliance of the manufacturers on all applicable laws and ordinances with respect to the manufacture and distribution of tobacco products. The report shall contain pertinent information on the methods, goals and implementation program of said manufacturers with respect to the requirements of this Act.

SECTION 32. The following penalties shall apply:

a. Violation of Sections 5 and 6. – On the first offense, a fine of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand (Php1,000.00) shall be imposed.
On the second offense, a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00) shall be imposed.
On the third offense, in addition to a fine of not less than Five Thousand Pesos(P5,000.00) but not more than Ten Thousand pesos (Php10,000.00), the business permits and licenses to operate shall be cancelled or revoked.
b. Violation of Sections 7,8,9, 10 and 11 – On the first offense, any person or any business entity or establishment selling to, distributing or purchasing a cigarette or any other tobacco products for a minor shall be fined the amount of not less than Five Thousand Pesos (Php5,000.00) or an imprisonment of not more than thirty (30) days, upon the discretion of the business licenses or permits in the case of a business entity or establishment. If the violation is by establishment of business entity, the owner, president, manager, or the most senior officers thereof shall be liable for the offense. If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of Article 189 of Presidential Decree No. 603 otherwise known as The Child and Youth Welfare Code, as amended, shall apply.
c. Violation of Sections 13 to 27 – On the first offense, a fine of not more than One Hundred thousand pesos (Php100,000.00) or imprisonment of not more than one (1) year, or both, at the discretion of the court shall be imposed.
On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment of not more than two (2) years, or both, at the discretion of the court shall be imposed.
On the third offense, in addition to a fine of not more than Four Hundred thousand pesos (Php400,000.00) or imprisonment of not more than three (3) years, or both at the discretion of the court, the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
In the case of a business entity or establishment, the owner, president, manager or officials thereof shall be liable. If the guilty officer is an alien, he shall summarily be deported after serving his/her sentence and shall be forever barred from re-entering from the Philippines.
PROGRAMS AND PROJECTS

SECTION 33. For a period not exceeding five (5) years, the National Government and the concerned departments and agencies shall provide the following programs and projects:

a. Tobacco Grower’s Assistance Program – This program shall be utilized to support financially the tobacco farmers who may be displaced due to the implementation of this Act has voluntarily ceased to produce tobacco. To avail of this program, a beneficiary shall present convincing and substantial evidence that:

1. He or she has been a tobacco farmer for the last three (3) years prior to January 1, 2004;
2. He or she belongs to the tobacco producing provinces;
3. He or she has certificate of eligibility to apply issued by the local government Unit and the NTA; and
4. He or she has ceased to plant tobacco for the next preceding season after the enactment of this Act.

b. Tobacco Growers Cooperative – This program shall promote cooperative programs to assist tobacco farmers in developing alternative farming systems, plant alternative crops and other livelihood projects. The requirements of subsection (a) shall likewise apply.

c. National Smoking Cessation Program – A National Smoking Cessation Program shall be undertaken with the approval of the IAC-Tobacco. The implementing rules and guidelines to reinforce this program shall be submitted to the IAC-Tobacco by the Secretary of Health within three (3) months after the effectivity of this Act.

d. Research and Development Program – The IAC-Tobacco shall establish a
research and develop a program to be spearheaded by the NTA in cooperation with the DOST, which will undertake studies concerning technologies and methods to reduce the risk of dependence and injury from tobacco product usage and exposure, alternative uses of tobacco and similar research programs.

e. National Tobacco – Free Public Education Program – State Universities and Colleges and technical and Vocational Schools shall provide scholarship programs to defendants of tobacco growers for which the administrator of the NTA shall provide implementing rules and guidelines. The guidelines shall be submitted to the IAC- Tobacco within three (3) months after the effectivity of this Act.

f. Displaced Cigarette Factory Workers’ Assistance Program – The Secretary of Labor and Employment with the concurrence of the IAC-Tobacco shall establish a program to assist displaced terminated/ separated or retrenched cigarette factory workers as result of the enactment of the Act. The Secretary of Labor in coordination with the NTA and DTI shall provide the rules as guidelines to effectuate this program and submit the same to the IAC-Tobacco within three (3) months after the effectivity of this Act.

g. Health Programs – The IAC-Tobacco, in consultation with DOH, shall be responsible for awarding grants to all medical institutions for the purpose of planning, carrying out, and evaluating activities related to smoking-related illnesses. The IAC-Tobacco shall submit to Congress and President of the Philippines the annual report of expenditures related to this program.

h. Withdrawal Clinics – The DOH shall establish smoking withdrawal clinics to provide counseling regarding the hazardous health effects of tobacco/ cigarette smoking and to rehabilitate smokers form the hazardous effects of such products.
If a smoker-minor voluntarily submits himself for treatment, counseling or rehabilitation in smoking withdrawal clinic located in any medical institution in the Philippines, or through the parents/ guardian, the expenses incurred shall be reimbursable outpatient service of the Philippine Health Insurance Corporation.

INFORMATION PROGRAM
SECTION 34. Consistent with the provisions of this Act, the DOH shall, in cooperation with the DepEd and with the assistance of the Philippine Information Agency (PIA), undertake a continuous information program on the harmful effects of smoking.
The DOH shall enlist the active participation of the public and private sectors in the national effort to discourage the unhealthy habit of smoking.

SECTION 35. Instruction on the adverse effects of cigarette tobacco smoking, including their health, environmental and economic implications, shall be integrated into the existing curricula of all public and private elementary and high schools. The DepEd Secretary shall promulgate such rules and regulations as may be necessary to carry out the above-stated policy hereof, and, with, the assistance of the Secretary of Health, and with the approval of the IAC-Tobacco, shall cause the publication and distribution of materials on the unhealthy effects of smoking to students and the general public.

MISCELLANEOUS PROVISIONS
SECTION 36. A Congressional Oversight Committee on Tobacco (COC-Tobacco) is hereby constituted which is mandated to monitor and review the implementation of this Act for a period not exceeding three (3) years. The COC-Tobacco shall be composed of the Chairpersons of the Senate Committee on Health, Trade and Commerce, Agriculture and Public Information and the House of Representative Committees on Trade and Industry, Health, Public Information and Agriculture and a Member of the House of representatives representing the tobacco producing provinces, to be nominated by all the Members of the House of Representatives from tobacco producing districts. The Secretariat of the COC-Tobacco shall be drawn from the existing secretariat personnel of the standing committees comprising the Congressional Oversight Committee and its funding requirements shall be charged against the appropriations of both the House of Representatives and the Senate of the Philippines.

SECTION 37. The IAC-Tobacco shall promulgate such rules and regulations necessary for effective implementation of this Act within six (6) months from the date of publication of this Act. The said rules and regulations shall be submitted to the COC-Tobacco for its review. The COC-Tobacco shall approve the implementing rules and regulations within thirty (30) working days of receipt thereof, that in the event the implementing rules and regulations are not promulgated within the specified period, the specific provisions of this Act shall immediately be executory.

SECTION 38. The amount necessary to implement the provisions of this Act shall be charged against the current year’s appropriations of the concerned national government agencies. Thereafter, such funds as may be necessary for the continued implementation of this Act shall be included in the budgets of the concerned national government agencies under the annual General Appropriations Act.

SECTION 39. DOH Administrative Orders No. 10 s. 1993 and No. 24 s. 1993 are hereby repealed. Article 94 of Republic Act No. 7394, as amended, otherwise known as the Consumer Act of the Philippines, is hereby amended. All other laws, decrees, ordinances, administrative orders, rules and regulations, or any part thereof, which are consistent with this Act are likewise repealed or amended accordingly.

SECTION 40. Should any provisions of this Act be subsequently declared unconstitutional, the other provisions not so declared shall remain in full force and effect.

SECTION 41. This Act shall take effect fifteen (15) days after its publication in the Official Gazette and at least two (2) newspapers of national circulation.
June 23, 2003

APPENDIX K
EXECUTIVE ORDER (EO No. 26)

PROVIDING FOR THE ESTABLISHEMENT OF SMOKE-FREE ENVIRONMENTS IN PUBLIC AND ENCLOSED PLACES

WHEREAS, the 1987 Constitution of the Republic of the Philippines declares that the State shall protect and promote the right to health of the people and install health consciousness among them;

WHERESAS, the Republic of the Philippines, under the world Health Organization Framework Convention on Tobacco Control (FCTC) to which it is a Party, being determined to give priority to the right to protect public health and the promote measures of tobacco control based on current and relevant scientific, technical and economic considerations, agreed to implement the measures provided in that treaty;

WHEREAS, in pursuit of the policy of the State to guarantee the enjoyment of the right of every citizen to breathe clean air, Republic Act No. 8749, or the Philippine Clean Air Act of 1999, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and other enclosed areas, and directs local government units to implement the prohibition;

WHEREAS, Republic Act No. 9211, or the Tobacco Regulation Act of 2003, prohibits smoking in certain public places, and prohibits the purchases and sale of cigarettes and other tobacco products to and by minors and in certain places frequented by minors and provides penalties for any violation of the prohibitions;
WHEREAS, scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke cause death, disease and disability, lead to devastating health, social, economic and environmental consequences, and places burdens on families, on the poor, and on national and local health systems;

WHEREAS, public health takes precedence over any commercial or business interest;

WHEREAS, an increasing number of Filipinos become afflicted with and die each year of tobacco-related diseases such as stroke, heart disease, emphysema, various cancers and nicotine addiction, and both the public and workers in facilities where smoking is allowed are most risk from these other tobacco-related diseases;

WHEREAS, the FCTC provides that each Party shall adopt and implement in areas of existing national jurisdiction as determined by national law, and actively promote at other jurisdictional levels, the adoption and implementation of effective legislative, executive, administrative and/or other measures, providing pro protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places;

WHEREAS, in order to minimize access, particularly of minors, to tobacco products and in order to provide a more supportive environment for those who are attempting to quit tobacco use, there is a need strengthen existing measures on access restriction, including the regulation of sales, distribution and availability, and the measures prescribed under the FCTC;
NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order;

SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean:

(a) “Advertising and promotion” mean any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco products or tobacco use either directly or indirectly.
(b) “Designated Smoking Area” (DSA) refers to an area of a building or conveyance where smoking may be allowed, which may be in an open space or separate area with proper ventilation subject to the specific standards provided in this order.
(c) “Enclosed” means being covered by a roof or other structure serving the purpose of a roof, and having one or more walls or sides, wherein the openings on the walls or sides have an aggregate area that is less than half of the total space, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary. Doors and windows that can be opened and shut shall not be considered as opening under this paragraph. The enclosed character of a building or conveyance shall attach to all its areas, including its open spaces.
(d) “Minor” refers to any below eighteen (18) years old.
(e) “Non-Smoking Buffer Zone” is a ventilated area between the door of a DSA not located in open space and the smoke free-area. There shall be no opening that will allow air to escape from such Non-Smoking Zone to the smoke-free area, except for a single door equipped with an automatic door closer. Such door is distinct from the door of the DSA, which shall be at least two (2) meters away from the other.
(f) “Open spaces” refers to those areas forming part of a building or conveyance, which are not covered by a roof or similar structure.
(g) “Person-in-charge” refers to president/manager in case of a company, corporation, partnership or association, the owner/proprietor/operator in case of a single proprietorship, or the administrator in case of government or private property, facility, office or building, and the city/municipality, schools, superintendent, school president, dean or principal in case of school.
(h) “Point-of-sale” refers to any location at which an individual can purchase or otherwise obtain tobacco products.
(i) “Public conveyances” refers to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, ships, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles.
(j) “Public places” means all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including but not limited to, schools, workplaces, government facilities, establishment that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports ground or centers, church grounds, health/hospital compounds, transportation terminals, market, parks, resorts, walkways/sideways, entrance ways, waiting areas, and the line.
(k) “Smoke-Free” refers to air that is 100% free from tobacco smoke. This Definitions includes, but is not limited to, air in which tobacco smoke control cannot be seen, smelled, sensed or measured.
(l) “Smoking” means being a possession or control of a lit tobacco products regardless of whether the smoke is being actively inhaled or exhaled.
(m) “Tobacco Products” means products entirely or partly made of tobacco leaf as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as but not limited to cigarette, cigar, pipe, shisha/hookah and chew tobacco.
(n) “Workplace” means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces, such as, but not limited to taxis, ambulances and delivery vehicles.

SECTION 2. Coverage. This Order shall apply to all persons, whether resident or not, and in all places, found within the territorial jurisdiction of the Philippines.

SECTION 3. Prohibited Acts. The following acts are declared unlawful and prohibited;

(a) Smoking within enclosed public places conveyances, whether stationary or in motion, except in DSAs fully compliant with the requirements of Section 4 of his Order;
(b) For persons-in-charge to allow, abet or tolerate smoking in places enumerated in the preceding paragraph, outside of DSAs fully compliant with Section 4 of this Order;
(c) For any person to sell, distribute or purchase tobacco products to and from minors. It shall not be a defense for the person selling or distributing that he/she did not know or was not aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor to whom it was sold;
(d) For a minor to smoke, sell or buy cigarettes or any tobacco products;
(e) Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products;
(f) Selling or distributing tobacco products in a school, public playground, youth hostels and recreational facilities for minors, including those frequented by minors, or within 100 meters from any point of the perimeter of these places;
(g) Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products, such as but not limited to leaflets, posters, display structures and other materials within 100 meters from the perimeter of a school, public playground, and other facilities frequented particularly by minors, hostel and recreational facilities for minors, including those frequented by them, or in an establishment when such establishments or its location is prohibited from selling tobacco products;
(h) Placing any form of tobacco advertisement outside of the premises of point-of-sale retail establishments; and
(i) Placing any stall, booth, and other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only facilities.

SECTION 4. Standards for DSAs. All DSAs shall strictly comply with the following standards:

(1) There shall be no opening that will allow air to escape from the DSA to the smoke-free area of the building or conveyance, except for a single door equipped with an automatic door closer; provided that, if the DSA is not located in an open space, such door shall open directly towards a Non-smoking Buffer Zone (Buffer Zone) as defined in this Order;
(2) The DSA shall not be located in or within ten (10) meters from entrances, exits, or any place where people where people pass or congregate, or in front of air intake ducts;
(3) The combined area of the DSA and the Buffer Zone shall not be larger than 20% of the total floor area of the building or conveyance, provided that in no case shall such area be less than ten (10) square meters;
(4) No building or conveyance shall have more than one DSA;
(5) The ventilation system for the DSA other than in an open space and for the Buffer Zone shall be independent of all ventilation systems servicing the rest of the building or conveyance;
(6) Minors shall not be allowed inside the DSA and the Buffer Zone;
(7) The DSA shall have the following signages highly visible and prominently displayed:

(7.1) “Smoking Area” signage;
(7.2) Graphic health warnings on the effects of tobacco use; and
(7.3) Prohibition on the entry of persons below eighteen (18) years old.

(8) Other standards and specifications to better ensure a smoke-free environment as may be prescribed by the inter-Agency Committee-Tobacco under Republic Act No. 9211, provided that such standards and specifications are consistent with this Order and that persons-in-charge are given sixty (60) days to comply.
However, there shall be no DSAs in the following public places:

(a) Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors;
(b) Elevators and stairwells;
(c) Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;
(d) Within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories; and
(e) Food preparation areas.
Nothing in this order shall compel persons-in-charge to establish DSAs nor prevent them from instituting more stringent measures in their buildings and establishments to better ensure a smoke-free environment in their premises.

SECTION 5. Duties and Obligations of Persons-in-Charge. persons in charge shall:

(a) prominently post and display the “No Smoking” signage, in the locations most visible to the public in the areas where smoking is prohibited. At the very least, the “No Smoking” signage must be posted at the entrance to the area, which shall be at least 8 x 11 inches in size, where the symbol shall occupy no less than 60% of the signage, while the remaining 40% of the signage shall show the pertinent information, as follows:

As for the DSA, after complying with the specifications in Section 4, prominently display the following elements in the signage:

“DESIGNATED SMOKING AREA ” or “SMOKING AREA”

(b) prominently post and display the “No Smoking” signage in the most conspicuous location within the public conveyance. At the very least, a three and a half (3.5) square inch “No Smoking” signage shall be placed on a windshield and a ten (10) square inch “No Smoking” sign at the drivers back seat.
(c) Remove the places where smoking is prohibited all ashtrays and other receptacles for disposing of cigarette refuse;
(d) For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, post the following statement in a clear and conspicuous manner.

SELLING, ADVERTISING AND PROMOTING OTHER CIGARETTES OR TOBACCO PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM ANY POINT IN THE PERIMETER OF [name of SCHOOL/PLAYGROUND/FACULTY FOR MINORS/ETC.]

(e) For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, to report to the nearest Smoke-Free Task Force of the concerned city or municipality any tobacco product selling, advertising and/ or promotion located within 100 meters from its perimeter.
(f) For persons-in-charge of point-of-sale establishments, post the following notice, together with a graphic/picture-based health warning on the health consequences of tobacco use, as prescribed by the Department of Health, in clear and conspicuous manner.

SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS IS UNLWAFUL

(g) Establish internal procedure and measures through which this Order shall be implemented and enforced within the area of which he or she is in charge. This includes compliance with the smoking, sales. Distribution advertising and promotions restrictions (e.g. warning smoking violators in banned areas and requesting them to stop smoking), and if they refuse to comply, reporting the incident to the City/Municipal Health Office, the nearest peace officer, or to any member of the Smoke-Free Task Force;
(h) Ensure that all the employees in the establishment are aware of this Order and the procedure and measures for implementing and enforcing it;
(i) For all signage required to be posted under (a), (b) (d) and (f) above, provide for versions of them in the local dialect or in English;

SECTION 6. Persons Liable. The following persons shall be liable and be punished in accordance with the governing provisions of RA No. 9211 and other applicable laws;

(a) Any person or entry who commits any of the prohibited acts stated in Section 3 hereof;
(b) Persons-in-charge who knowingly allow, abet, authorize or tolerate the prohibited acts enumerates in Section 3, or who otherwise fail to fulfill the duties and obligations enumerated in Section 3 hereof.

SECTION 7. Penalties. Violations of this Order shall be punishable in accordance with the applicable penalties provided under Section 32 of RA No. 9211 and other applicable laws.

SECTION 8. Smoking Cessation Program. Local Government Units (LGUs) particularly the respective City/Municipal Health Officer, in coordination with the Department of Health are enjoined to develop, promote and implement their respective Local Smoking Cessation Programs consistent with the National Smoking Cessation Program established pursuant to RA No. 9211, and to encourage the participation of public and private facilities which may be able to provide for the requirements of program. Smokers who are willing to quit and/or those found violating this Order may be referred to the Local Smoking Cessation Program and its facilities.

SECTION 9. Smoke-Free Task Force. All cities and municipalities are enjoined to form a local Smoke-Free Task Force to help carry out the provisions of this Order. Members of the Philippine National Police and Smoke-Free Task Forces are directed to carry out the provisions of this Order, including the apprehension of violators and the institution of criminal proceedings for violations of this Order, in accordance with relevant laws, rules and regulations, and strictly observing due process.

SECTION 10. Funding. The amount necessary to implement the provisions of this Order shall be identified by the Department of Budget and Management. The appropriations necessary for the continued implementation of this Order in succeeding years shall be prepared in accordance with regular government budget procedures and shall be included in the budget of the concerned national government agencies under the annual General Appropriations Act.
SECTION 11. Separability Clause. If any section or part of this Order is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force or effect.
SECTION 12. Repealing Clause. All orders, rules and regulations, issuances or any part thereof inconsistent with the provisions of this Order are hereby repealed amended or modified accordingly.
SECTION 13. Effectivity. This Order shall take effect sixty (60) days after publication in a newspaper of general circulation.
DONE in the City of Manila this 16th day of May in the year of our Lord, Two Thousand and Seventeen.
By the President:
(Sgd.) SALVADOR C. MEDIALDEA
Executive Secretary

APPENDIX L
REPUBLICT ACT 7610

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES.

ARTICLE I
Title, Policy, Principles and Definitions of Terms

SECTION 1. Title. – This Act shall be known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”
SECTION 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.

SECTION 3. Definition of Terms. –

(a) “Children” refers to person below eighteen (18) years of age or those 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;
(b) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) 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.

(c) “Circumstances which gravely threaten or endanger the survival and normal development of children” include, but are not limited to, the following:

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a 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;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those above-stated which endanger the life, safety or normal development of children.

(d) “Comprehensive program against child abuse, exploitation and discrimination” refers to the coordinated program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children.

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

SECTION 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

SECTION 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
(2) Taking advantage of influence or relationship to procure a child as prostitute;
(3) Threatening or using violence towards a child to engage him as a prostitute; or
(4) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

SECTION 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

ARTICLE IV
Child Trafficking

SECTION 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

SECTION 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act:

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child’s parents or legal guardian;
(b) When a person, agency, establishment or child-caring institution recruit women or couples to bear children for the purpose of child trafficking; or
(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or
(d) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

SECTION 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000.00): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000.00); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000.00), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000.00), and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to:

(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Articles 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal

Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development.

ARTICLE VII
Sanctions for Establishments or Enterprises

SECTION 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words “off limits” shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prision correctional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency which; promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.

ARTICLE VIII
Working Children

SECTION 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer’s family are employed: Provided, however, that his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

When a child’s employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, that the employment contract concluded by the child’s parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.
The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.

SECTION 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.

SECTION 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.

SECTION 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603.

SECTION 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court: Provided, That, in case of repeated violations of the provisions of this Article, the offender’s license to operate shall be revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

SECTION 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of their respective communities.

SECTION 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.

SECTION 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized.

SECTION 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000.00) more than Ten thousand pesos (P10,000.00).

SECTION 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representatives shall be involved in planning, decision-making implementation, and evaluation of all government programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and respected.

ARTICLE X
Children in Situations of Armed Conflict

SECTION 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.

SECTION 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being.

SECTION 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games.
SECTION 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;

(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases.

SECTION 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence

ARTICLE XI
Remedial Procedures

SECTION 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following:

(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.

SECTION 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.

SECTION 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.

SECTION 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

SECTION 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided, however, that if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetua or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.

ARTICLE XIII
Final Provisions

SECTION 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.

SECTION 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

SECTION 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.
SECTION 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly.

SECTION 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.

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APPENDICES

APPENDICES

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