R.A. 9492 – holiday economics, movable holidays

Maybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the Monday that follows. Still, for movable holidays, the President shall issue a proclamation, at least six months prior to the holiday concerned, the specific date that shall be declared as a nonworking day.

The following are the dates of regular holidays under RA 9492 (update: here’s the list of public holidays and declared special non-working holidays for October, November and December 2007, as well as national regular and special holidays for 2008):

New year’s Day (January 1)
Maundy Thursday (Movable date)
Good Friday (Movable date)
Eidul Fitr (Movable date)
Araw ng Kagitingan (Monday nearest April 9
(Bataaan and Corregidor Day)
Labor Day (Monday nearest May 1)
Independence Day (Monday nearest June 12)
National Heroes Day (Last Monday of August)
Bonifacio Day (Monday nearest November 30)
Christmas Day (December 25)
Rizal Day (Monday nearest December 30)

On the other hand, the following are nationwide special holidays:

Ninoy Aquino Day (Monday nearest August 21)
All Saints Day (November 1)
Last Day of the Year (December 31)

As expected, some welcome this new law, while others criticize it. What do you think?

10 thoughts on “R.A. 9492 – holiday economics, movable holidays

  1. sonnypr

    Think about this.

    Dec 31 – the last day of the year is a holiday
    Jan 1 – New Year’s Day is a holiday

    Then why in heavens name was DEC 30 (Rizal Day) move to the nearest Monday?

    That’s our Congress at work!

    Reply
  2. kAbaTaaN

    yah sonny haha..well my dad and my brother(garrey,11) was arguing about June 12,which was independence day,last week.My brother had an assignment about holidays and just don’t wanna’ believe him(my dad) that i’s really june 12(although it should have been july 4). My brother was very confident of his answer and the reason that supports his impertinence was the proclamation of the President that there are no classes back then, on june 11 because it’s independence day..well i can’t blame him. What’s bothering is the confusion it implants to children like him at his age. I know not sooner,he’ll know but it’s just so bothering.

    Reply
  3. still_th0ughts

    Medyo naguguluhan lang po, what’s the difference between Proclamation No 1353 and R.A.9492 or should i ask the difference between a proclamaiton or R.A.? I’m still confuse in regards with the terms.

    Also, can an employee work for 7 days straight without rest day or day off? Where can i find it in the labor law?

    Thank you very much po!

    Reply
  4. Atty. Fred Post author

    Still_thoughts,

    R.A. 9492 is the law that “rationalizes” national holidays and allows the President, through a Proclamation issued six months prior to a particular holiday, the specific date that shall be declared as a nonworking day. (A Republic Act is a law passed by Congress. A “proclamation”, according to the Administrative Code of 1987, is an act “of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order.”)

    Employers are required to give a rest day after six consecutive work days, subject to certain exceptions. Please refer to Articles 91, 92 and 93 of the Labor Code.

    Reply
  5. geraldmv

    Good day!
    Under this new law, legal holidays are moved to the nearest Monday of the week. Does it follow then that the legal holiday be celebrated on that day (Monday)? If yes, what could be the legal implication of the rationalization of these holidays with regard to the payment of holiday pay to certain employees? Are they given holiday pay on the “original date” of the holiday or are they entitled thereto on the day it was moved? Or are they entitled to two holiday pay on the “original date” and on the date it was moved?
    Thank you for sharing your views.

    Reply
  6. vincent

    Hello. I just would like to ask if it is legal and right for our company to require us to work even during holidays. We are a design firm with less than 10 employees. They said that small business with less than 10 employees are excempted to the holiday rule. According to holiday pay rule which can also be found in this link: http://www.dole.gov.ph/faq/details.asp?id=F0000068

    A. Coverage

    This benefits shall apply to all employees except:
    1. Those of the government and any of the political subdivisions, including government-owned and controlled corporations;

    2. Those of retail and service establishments regularly employing less than ten (10) workers;

    3. Domestic helpers and persons in the personal service of another;

    4. Managerial employees; and

    5. Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.

    We are working hard to earn for our family but what’s the use of all our earnings if we can’t spend quality time with our family?

    Thank you in advance.

    Vincent

    Reply
  7. aimeegalos

    Hi. My work schedule is Tues to Sat. Since almost all the holidays falls on a Monday, which is my rest day, is it possible to off-set or transfer it to one of my working days?

    Reply
  8. Rafael

    Good day!

    How do we pay for an unworked regular holiday falling on a special day i.e. Proclamation 556 declared August 21 as a regular holiday (Eid’l Adha) which is also a special holiday per Proclamation 269 series of 2017 in observance of Ninoy Aquino day.

    Thank you very much.

    Reply

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