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CSC Clarifications on the 105 Day Expanded Maternity Leave Law




Attached is a copy of the letter dated April 5, 2019, from Judith A. Dongallo-Chicano, Director IV, Civil Service Commission National Capital Region re Republic Act No. 11210 (105 Day Expanded Maternity Leave Law), the contents of which are self-explanatory, for information and guidance.

Particular attention is invited to paragraph no. 4 which states:

Section 22 of RA No. 11210 clearly provides for the effectivity of said Law, as follows:




“Section 22 Effectivity – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in a newspaper of general circulation. ’’

Based on said provisions, RA No. 11210 shall be effective after fifteen (15) days from publication. Considering that said law was published on February 21, 2019, it became effective on March 9, 2019.




However, notwithstanding the effectivity of said law, it cannot yet be implemented considering that Section 19 thereof mandates the issuance of the necessary rules and regulations for its effective implementation, to wit:

“Section 19 Implementing Rules and Regulations – The CSC, the DOLE and the SSS shall issue the necessary rules and regulations for the effective implementation of this Act within sixty (60) days from the effectivity of the same.”

Effectivity Date of Republic Act No. 11210 (105 Day Expanded Maternity Leave Law)

Ladines, Evangeline P.
Re: Request for Opinion
Effectivity of RA No. 11210




April 5, 2019

DR. EVANGELINE P. LADINES
Schools Division Superintendent
Division of City Schools- Pasay City
P. Zamora Street, Pasay City

Dear Schools Division Superintendent Ladines:

This refers to your letter dated March 25, 20191 inquiring on the effectivity date of Republic Act No. 11210 (105 Day Expanded Maternity Leave Law) which expands the maternity leave benefits that can be availed of by pregnant workers to one hundred five (105) days.

Please be informed that as a matter of policy, this Office does not render an opinion on matters that may be elevated on appeal to the CSC. Likewise, it would be inappropriate for this Office to rule on speculative, theoretical or abstract questions or propositions as an opinion of this Office might be taken out of context.

Be that as it may, in the spirit of guidance and clarification, we may respond to your query based on your representations and the pertinent Civil Service law, rules and regulations.

Section 22 of RA No. 11210 clearly provides for the effectivity of said Law, as follows:

“Section 22 Effectivity – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in a newspaper of general circulation. ”

Based on said provisions, RA No. 11210 shall be effective after fifteen (15) days from publication. Considering that said law was published on February 21, 2019, it became effective on March 9, 2019.

However, notwithstanding the effectivity of said law, it cannot yet be implemented considering that Section 19 thereof mandates the issuance of the necessary rules and regulations for its effective implementation, to wit:

“Section 19 Implementing rules and Regulations – The CSC, the DOLE and the SSS shall issue the necessary rules and regulations for the effective implementation of this Act within sixty (60) days from the effectivity of the same. ”

Indubitably, the Supreme Court, in Abakada Guro Party List vs. Cesar Purisima (GR No. 166715, August 14, 2008), discussed the primordial purpose for the issuance of the implementing rules and regulations to specifically lay down the terms and conditions by which a particular legislation may be implemented:

“Congress has two options when enacting legislation to define national policy within the broad horizons of its legislative competence. It can itself formulate the details or it can assign to the executive branch the responsibility for making necessary managerial decisions in conformity with those standards. In the latter case, the law must be complete in all its essential terms and conditions when it leaves the hands of the legislature. Thus, what is left for the executive branch or the concerned administrative agency when it formulates rules and regulations implementing the law is to fill up details (supplementary rule-making) or ascertain facts necessary to bring the law into actual operation (contingent rule-making).

“Administrative regulations enacted by administrative agencies to implement and interpret the law which they are entrusted to enforce have the force of law and are entitled to respect. Such rules and regulations partake of the nature of a statute and are just as binding as if they have been written in the statute itself. As such, they have the force and effect of law and enjoy the presumption of constitutionality and legality until they are set aside with finality in an appropriate case by a competent court, xxx” (Emphasis provided)

Applying the foregoing principles to the instant case, notwithstanding the fact that RA No. 11210 is already effective since March 9, 2019, the same cannot yet be implemented at the moment in the absence of the requisite implementing rules and regulations.

Rest assured that the CSC, in coordination with the proper agencies, shall promptly issue the necessary implementing rules and regulations.

We hope we have clarified you on the matter.

Very truly yours,

JUDITH A. DONGALLO-CHICANO
Director IV

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