Anti-Cable Television and Cable Internet Tapping Act of 2013

AN ACT PROHIBITING AND PENALIZING UNAUTHORIZED INTERCEPTION, RECEPTION OR USE OF ANY SIGNAL OR SERVICE OVER A CABLE TELEVISION SYSTEM OR CABLE INTERNET SYSTEM AND/OR NETWORK, AND FOR OTHER PURPOSES

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-Cable Television and Cable Internet Tapping Act of 2013″.

SEC. 2. Declaration of Policy. – The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Pursuant thereto, this Act aims to protect the Cable Television and Cable Internet Industries from cable pilferage.

SEC. 3. Definition of Terms. – As used in this Act:

(a) Cable Television (CATV) Service refers to the transmission or delivery of video and audio signals and programming for a fee, through fiber optics, coaxial cable and other technological means.

(b) Cable Internet Service refers to the transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network.

(c) Cable Television (CATV) System/Network refers to a facility engaged in the transmission or delivery of video and audio signals and programming for a fee, through fiber optics, coaxial cable and other technological means.

(d) Cable Internet System/Network refers to a facility engaged in the transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network.

(e) Cable Television (CATV) Service Provider refers to any person, natural or juridical, public or private, which was granted a Certificate of Authority or Provisional Authority as provided under existing laws, rules and regulations, to install, operate and maintain a CATV System/Network and is actually providing Cable Television (CATV) Service to its subscribers.

(f) Cable Internet Service Provider refers to any person, natural or juridical, public or private, which was issued a registration certificate as provided under existing laws, rules and regulations, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network and is actually providing Cable Internet Service to its subscribers.

SEC. 4. Prohibited Acts. – It is hereby declared unlawful for any person, whether natural or juridical, public or private, to:

(a) intercept or receive, or assist in intercepting or receiving, any signal offered over a cable television system or a cable internet system by tapping, making or causing to be made, any connection to an existing CATV System/Network or Cable Internet System/Network without the authority of the concerned CATV Service Provider or Cable Internet Service Provider;

(b) record, reproduce, distribute, import or sell, any intercepted or received CATV System/Network signals for commercial purposes without the authority of the concerned CATV Service Provider or Cable Internet Service Provider;

(c) use or receive any direct or indirect benefit, from any CATV System/Network or Cable Internet System/Network with knowledge that it is a result of any of acts enumerated in paragraphs (a) or (b) above; or

(d) wantonly, maliciously and willfully damage, destroy or remove CATV and/or Cable Internet facilities and accessories of authorized CATV and/or Cable Internet Service Providers.

SEC. 5. Penalties. – Any person who commits any of the unlawful acts enumerated in the next preceding section shall be punished with imprisonment of not less than two (2) years but not more than five (5) years or a fine of not less than Fifty thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00) or both, at the discretion of the court. If the offender is a corporation or association, the president, manager, managing partner or any officer of the corporation or partnership who directly participated in the violation of this Act shall be held liable.

SEC. 6. Information Dissemination. – Within sixty (60) days after the effectivity of this Act, the National Telecommunications Commission shall undertake an information dissemination campaign to inform the public of the existence of this Act.

SEC. 7. Rules and Regulations. – The National Telecommunications Commission, in consultation with CATV and Cable Internet Service Providers and other affected parties, shall, within sixty (60) days after the conduct of public hearings which must commence within thirty (30) working days upon the effectivity of this Act, issue the implementing rules and regulations to ensure the efficient and effective implementation of the provisions of this Act.

SEC. 8. Separability Clause. – If, for any reason, any section or provision of this Act is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.

SEC. 9. Repealing Clause. – All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, rules or regulations contrary to, or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

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

KASAMBAHAY LAW (RA 10361)

KASAMBAHAY LAW (RA 10361)

President Aquino signed the Kasambahay law last January 18, 2013, which becomes effective this February 10, 2013.

1.       Who is a domestic worker?

Kasambahay refers to any person engaged in domestic work within employment relationship such as general househelp, nursemaid, cook, gardener, and laundry person.

2.       I hire a yaya once in a while for my kids everytime I leave the house, am I covered by the law?

NO. domestic work engaged sporadically or occasionally is not covered by the law.

3.       My yaya is only fifteen(15)  years old, am I violating the law?

NO. the law provides that the employment age of domestic worker is 15 years old and above. (I am in the opinion that since 15 is considered a minor, the employer needs to ask consent from the parents or guardians and to apply for work permit at DOLE)

4.       What is the Minimum  Wage for a domestic worker?

a.       PhP 2,500 per month for those employed in NCR.

b.      PhP 2,000 per month for those employed in chartered cities and first class municipalities.

c.       PhP 1,500 per month for those employed in other municipalities

5.       Am I obligated to increase the salary of a domestic worker every year?

No. There is obligation on the employer to give an increase, but the parties may agree for an annual increase. It is DOLE (Regional Tripartite and Productivity Wage Board), which is mandated to review annually if there is a need to increase the minimum wage.

6.       Do I have to pay thirteenth month pay?

YES. The law specifically provides that 13^th month pay is due to the domestic worker, who had rendered at least one month of service.

7.       Do I have to give pay slip?

Yes. The employer at all times must provide pay slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. The employer must keep the copy of the payslip for a period of three (3) years.

8.       What is Leave Benefits?

The domestic worker who had rendered at lease one year of service shall be entitled to an annual service incentive leave of five days with pay. Unused leave is not convertible to cash and is not cumulative.

9.       What are the rest periods for domestic workers?

Everyday- the domestic worker shall be entitled to an aggregate daily rest period of 8 hours.

Every week- the domestic worker shall be entitled to a 24 consecutive hours of rest in a week. Otherwise, the employer must pay the equivalent daily rate of the domestic worker.

10.   What other basic benefits are given to domestic workers?

The employer shall provide Board, Lodging, and Medical Attendance.

11.   Can my yaya use telephone?

The employer shall grant access to outside communication during free time, except during emergencies where the domestic work may be allowed to use the telephone even during working hours. Should the domestic worker make use of the employer’s telephone, the cost shall be borne by the domestic worker, unless waived by the employer.

12.   Am I obligated to enroll my yaya to school?

An employer shall afford the domestic worker the opportunity to finish basic education, i.e. High School. However, if the domestic worker does not want to enroll, the employer is not obligated.

13.   My yaya knows our family secrets and she might disclose it publicly?

All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the domestic worker during and after employment. It is also inadmissible in evidence.

14.   Do I have to execute an employment contract?

Yes. A written contract is required for domestic worker services. DOLE is mandated to develop a model employment contract. (As of this date, there is no model contract provided by DOLE).

15.   What are the pre-employment requirements for a domestic worker?

a.       Medical Certificate

b.      Barangay and Police Clearance

c.       NBI Clearance

d.      Duly authenticated birth certificate, or if not available, any other document showing the age of the domestic worker.

Note: the cost of the foregoing shall be borne by the prospective employer.

16.   What are the governmental obligations of an employer?

a.       The employer shall register all domestic workers in the Registry of Domestic Workers in the barangay (As of now there is no implementing rules to govern such registration).

b.      SSS, Philhealth, Pag-ibig- whenever the domestic worker had rendered at least one month of service. Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker is receiving a wage of PhP 5000 and above per month, the domestic worker shall pay the proportionate share in the premium payments.

17.   My yaya leaves without justifiable reason, what are my remedies?

If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding 15 days shall be forfeited. The employer may recover from the domestic worker cost incurred related to the deployment expenses.

18.   Can a domestic worker terminate her contract?

The domestic worker may terminate her employment relationship anytime before the expiration of the contract when there is: (a) verbal or emotional abuse, (b) inhuman treatment, (c) commission of a crime against the domestic worker, (d) violation of the contract, (e) disease prejudicial to health, (f) other analogous causes.

19.   Can the employer terminate the contract before its expiration?

The employer may terminate the contract on the following grounds, (a) misconduct or willful disobedience, (b) gross or habitual neglect or inefficiency in the performance of duties, (c) fraud or willful breach of trust, (d) commission of a crime against the employer, (e) violation of contract, (f) disease prejudicial to health, (g) other analogous causes.