THE LIFELINE RATE, AMENDING FOR THE PURPOSE SECTION 73 OF REPUBLIC ACT NUMBERED NINETY-ONE THIRTY-SIX, OTHERWISE KNOWN AS THE "ELECTRIC

POWER INDUSTRY REFORM ACT OF 2001"

NIGHT WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 73 of Republic Act No. 9136, otherwise known as the "Electric Power Industry Reform Act of 2001", is hereby amended to read as follows:

"SEC. 73. Lifeline Rate.-A socialized pricing mechanism called a lifeline rate for the marginalized end-users shall be set by the ERC, which shall be exempted from the cross subsidy phase-out under this Act for a period of twenty (20) years, unless otherwise extended by law. The level of consumption and the rate shall be determined by the ERC after due notice and hearing."

SEC. 2. Separability Clause. If, for any reason, any provision of this Act or any part thereof shall be held unconstitutional and invalid, the other parts or provisions of this Act, which are not affected thereby, shall remain in full force and effect.

SEC. 3. Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof inconsistent with any of the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 4. Effectivity Clause. -This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

Approved, June 21, 2011

Representatives of the Philippines in

Congress assembled:

SECTION 1. Article 130 of the Labor Code is hereby repealed.

SEC. 2. Article 131 of the Labor Code is hereby repealed.

SEC. 3. The subsequent articles in Book Three, Title III, Chapter 1 to Chapter IV of Presidential Decree No. 442 are hereby renumbered accordingly.

SEC. 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to read as follows:

"CHAPTER V

"EMPLOYMENT OF NIGHT WORKERS

"Art. 154. Coverage. -This chapter shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation during a period of not les than seven (7) consecutive hours, including the interval from midnight to five o'clock in the morning, to be determined by the Secretary of Labor and Employment, after consulting the worker's representatives/labor organizations and employers.

"Night worker' means any employed person whose work requires performance

of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers' representatives/labor organizations and employers."

"Art. 155. Health Assessment.-At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work:

"(a) Before taking up an assignment as a night worker;

"(b) At regular intervals during such an assignment; and

"(c) If they experience health problems during such an assignment which are not caused by factors other than the performance of night work.

"With the exception of a finding of unfitness for night work, the findings of such assessments shall not be transmitted to others without the workers' consent and shall not be used to their detriment."

"Art. 156. Mandatory Facilities. Suitable first-aid facilities shall be made available

are unable to work, or to secure employment during such period.

"A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health."

"Art. 158. Women Night Workers. Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:

"(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth;

"(b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child:

"(1) During pregnancy;

"(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after

arrangements where such workers, where necessary, can be taken immediately to a place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE."

"Art. 157. Transfer.-Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.

"If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who

employers.

"During the periods referred to in this article:

"(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.

"(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.

"Pregnant women and nursing mothers may be allowed to work at night only if a competent physician, other than the company physician shall certify their fitness to render night work, and specify, in the case of pregnant employees, the period of the pregnancy that they can safely work.

"The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave.

"The provisions of this article shall not have the effect of reducing the protection and benefits connected with maternity leave under existing laws."

"Art. 159. Compensation. -The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work."

"Art. 160. Social Services. -Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work."

"Art. 161. Night Work Schedules. Before introducing work schedules requiring the services of night workers, the employer shall consult the workers' representatives/ labor organizations concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel, as well as on the occupational health measures and social services which are required. In establishments employing night workers, consultation shall take place regularly."

SEC. 5. The subsequent articles starting from Book Four, Title 1, Chapter I of Presidential Decree No. 442 are hereby renumbered accordingly.

SEC. 6. Application. The measures referred to in this chapter shall be applied not later than six (6) months from the effectivity of this Act.

SEC. 7. Guidelines. - The DOLE shall promulgate appropriate regulations in addition to existing ones to ensure protection, safety and welfare of night workers.

SEC. 8. Penalties. -Any violation of this Act, and the rules and regulations issued

pursuant hereof shall be punished with a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than six (6) months, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association, or entity.

SEC. 9. Separability Clause. If any portion of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions not affected thereby.

SEC. 10. Repealing Clause.-All laws, acts, decrees, executive orders, rules and regulations or other issuances or parts thereof, which are inconsistent with this Act, are hereby modified and repealed.

SEC. 11. Effectivity Clause. -This Act shall take effect after fifteen (15) days following its publication in two (2) national newspapers of general circulation.

Approve. June 21, 2011

S. No. 138 H. No. 4393

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

[REPUBLIC ACт No. 10152]

AN ACT PROVIDING FOR MANDATORY BASIC IMMUNIZATION SERVICES FOR INFANTS AND CHILDREN, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 996, AS AMENDED

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

SECTION 1. Title. - This Act shall be known as the "Mandatory Infants and Children Health Immunization Act of 2011."

SEC. 2. Declaration of Policy. -In accordance with Article II, Section 15 of the Constitution, it is hereby declared to be the policy of the State to take a proactive role in the preventive health care of infants and children. Towards this end, the State shall adopt a comprehensive, mandatory and sustainable immunization program for vaccine-preventable diseases for all infants and children.

SEC. 3. Coverage. -The mandatory basic immunization for all infants and children provided under this Act shall cover the following vaccine-preventable diseases:

(a) Tuberculosis;

(b) Diphtheria, tetanus and pertussis;

(c) Poliomyelitis;

(d) Measles;

(e) Mumps;

(f) Rubella or German measles;

(g) Hepatitis-B;

(h) H, influenza type B (HIB); and

(i) Such other types as may be determined by the Secretary of Health in a department circular.

The mandatory basic immunization shall be given for free at any government hospital or health center to infants and children up to five (5) years of age.

Hepatitis-B vaccine shall be administered by any duly licensed physician, nurse or midwife to all infants born in hospitals, health infirmaries, health centers or lying-in centers with obstetrical and pediatric services, whether public or private, within twenty-four (24) hours after birth: Provided, however, That in cases of infants born in places other than the above, any duly licensed physician, nurse or midwife who delivers, or assists in the delivery of the newborn shall be responsible for administering the vaccine to the latter: Provided, further, That for deliveries assisted by persons other than the health professionals mentioned above, the infant _hould be brought to any available health

care facility so as to be immunized against Hepatitis-B within twenty-four (24) hours after birth but not later than seven (7) days: Provided, finally, That subsequent doses of Hapatitis-B vaccination shall be completed according to the recommended schedule of Hepatitis-B immunization, as may be provided in the implementing rules and regulations to be issued by the Department of Health (DOH).

SEC. 4. Education and Information Campaign.-All health care practitioners or health care workers who are administering prenatal care shall educate all pregnant mothers on the importance of giving their infants the basic immunization services as well as any possible effects of immunization.

The DOH, other government agencies, nongovernment organizations, professional and academic societies, and local government units shall make available appropriate information materials and shall have a system of its distribution to the public.

SEC. 5. Obligation to Inform.-Any physician, nurse, midwife, nursing aide or skilled birth attendant, who delivers, or assists in the delivery of, a newborn shall, prior to delivery, inform parents or legal guardian of the newborn of the availability, nature and benefits of immunization against Hepatitis-B and other vaccine-preventable diseases at birth.

SEC. 6. Continuing Education and Training of Health Personnel. -The DOH, with the assistance of local government units, academe, professional societies and nongovernmental organizations, shall undertake continuing information, education and training programs for all health personnel on the rationale and benefits of as well as modern procedures for immunization of infants and children against vaccine-preventable diseases.

SEC. 7. Appropriations. -The amount necessary to carry out the implementation of this Act shall be charged against the current year's appropriations for expanded program on immunization of the DOH. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

The Philippine Health Insurance Corporation (PHIC) shall include the basic immunization services in its benefit package.

SEC. 8. Implementing Rules and Regula

tions. The DOH, in consultation with the National Immunization Committee, shall issue the implementing rules and regulations within ninety (90) days after the approval of this Act.

SEC. 9. Separability Clause. If, for any reasons, any part or provisions of this Act shall be declared unconstitutional or invalid, the remaining provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 10. Repealing Clause. -All laws, decrees, executive orders, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 11. Effectivity. -This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation

Approved. June 21, 2011

S. Jt. Res. No. 9 H. Jt. Res. No. 14

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

[JOINT RESOLUTION NO. 1]

RESOLUTION EXTENDING THE PERIOD OF EXISTENCE OF THE JOINT CONGRESSIONAL POWER COMMISSION

WHEREAS, Republic Act No. 9136, otherwise known as the "Electric Power Industry Reform Act of 2001" [EPIRA], was signed into law on June 8, 2001 and took effect on June 26, 2001;

WHEREAS, the JCPC performs, in aid of legislation, the following powers and functions, among others:

(1) Set the guidelines and overall framework to monitor and ensure the proper implementation of the EPIRA;

(2) Endorse the initial privatization plan of the generation and transmission assets of the National Power Corporation (NPC) within one (1) month from submission of such plan to the JCPC by the Power Sector Assets and Liabilities Management Corporation (PSALM) for approval by the President of the Philippines;

(3) Ensure transparency by requiring the submission of reports from government agencies concerned on the conduct of public bidding procedures regarding the privatization of NPC generation and transmission assets;

(4) Review and evaluate the performance of industry participants in relation to the objectives and timelines set forth in the EPIRA;

(5) Approve the budget for the programs of the JCPC and all disbursements therefrom, including compensation of its personnel;

(6) Submit periodic reports to Congress; (7) Determine inherent weaknesses in the EPIRA and recommend necessary remedial legislation or executive measures; and

(8) Perform such other duties and functions as may be necessary to attain its objectives.