JULY 2024

Directions for Female Personnel

for a Valid Medical
Classification in Promotion
Prepared by:
JO1 Jamjoom Usman Batugan, RN, JD
Jail Nurse
Health Service Section
San Juan City Jail Male Dorm
NOTE:

Blue slides are inputs of the

speaker.

Orange slides are the contents of

the PowerPoint presentation given
according to Memorandum
Circular 160

JO1 Jamjoom Usman Batugan, RN, JD

 GUIDELINES ON MEDICAL NEURO
PSYCHIATRIC AND DENTAL EVALUATION
SUPPLEMENTAL GUIDELINES ON THE TREATMENT AND CLASSIFICATION OF FEMALE
PERSONNEL (PREGNANT/POST PARTUM) WHO ARE DUE FOR PROMOTION
(MEMORANDUM CIRCULAR 160)
BACKGROUND/RATIONALE
The equal protection clause is guaranteed by the Philippine Constitution, which is
the supreme law of the land. This protects against undue favor and individual or
class privilege, as well as hostile discrimination or the oppression of inequality.1
Equality is further defined, through a plethora of cases decided by the Supreme
Court, as equality among equals or the equal treatment of those who are similarly
situated.
In ancient times, women have been perceived as second-class citizens- "inferior to
men." Usually subjected to discrimination and often regarded as objects or
possessions, and were considered weak and liabilities of the nation. However, the
world has evolved and now recognizes women as equal to men as enshrined in
international human rights instruments. Over the years, the Philippine government
has continued to uphold women empowerment in different life aspects to include
access to employment, health, education, political and public life, etc. This can be
gleaned on the different laws passed and subsequent policies of government
entities to include that of the Civil Service Commission, to which the Jail Bureau
adheres to.
NOTE:

The Bill of Rights of the Philippine

Constitution, aside from
guaranteeing that no person should
be deprived of life, liberty or
property without due process of law,
also assures the Filipino people that
none of them should be denied
equal protection of the law.
JO1 Jamjoom Usman Batugan, RN, JD
BACKGROUND/RATIONALE
Among the Philippine laws enacted, the Magna Carta of Women or RA 9710 has
defined the metes and bounds affording women's rights and protection specifically
in ensuring the substantive equality of women and men, pursuing equal
opportunities and equal access to resources, abolition of the unequal structures and
practices that perpetuate discrimination and inequality.
Guided by these principles, the Jail Bureau is in constant recognition of ensuring that
equal opportunities are afforded to all men and women personnel especially in
terms of promotion and career progression. And as part of the requirements for
promotion as provided for by the CSC Merit and Selection Plan; those who have
met the criteria must also meet the Medical, Neuro-Psychiatric and Dental
Evaluation requirements. However, up to this end, there appears to be a gray area
on how to classify Pregnant and Post- Partum Women Personnel who are due for
promotion.
NOTE:

The Magna Carta of Women (MCW) is

a comprehensive women's human
rights law that seeks to eliminate
discrimination through the
recognition, protection, fulfillment,
and promotion of the rights of Filipino
women, especially those belonging
to the marginalized sectors of society.
JO1 Jamjoom Usman Batugan, RN, JD
NOTE:

The Magna Carta of Women defines

discrimination against women as:

any gender-based distinction, exclusion, or

restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment,
or exercise by women, irrespective of their marital
status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any
other field;
JO1 Jamjoom Usman Batugan, RN, JD
BACKGROUND/RATIONALE
The specific distinction provided herein is a means to balance the tilt between men
and women. Despite the fact that men and women are on equal footing in terms of
expertise, capabilities, intellect, problem resolution, coping mechanism and all other
aspects, women face a unique challenge due to their physical capacity for
childbirth. While this miraculous aspect of life is not a liability for women, the nine-
month period of pregnancy can hinder their career growth as they are restricted
from engaging in strenuous activities. Consequently, they are often classified as
marginalized, particularly in fields like the military or the "women in the military", as
highlighted by the provisions in the Magna Carta of Women.
Delimiting the possibility of promotion during pregnancy or postpartum conditions of
women personnel because of their inability to perform physical fitness activities,
could result in the loss of valuable talents within the organization; most of all this
constitutes discrimination. On the contrary, most women are capable of balancing
their professional responsibilities with pregnancy and motherhood, and thereby,
denying them the opportunity for advancement could lead to disillusionment and
ultimately, attrition.
NOTE:

Additional laws to support MATERNITY RIGHTS:

Under Section 23 of Republic Act 10354,

otherwise known as the Reproductive Health Act
of 2012, pregnancy or the number of children shall
not be a ground for non-hiring or termination from
employment.

Violation of which is punishable by imprisonment ranging from one

(1) month to six (6) months or a fine of Ten thousand pesos
(P10,000.00) to One hundred thousand pesos (P100,000.00), or both
such fine and imprisonment.
JO1 Jamjoom Usman Batugan, RN, JD
NOTE:

To equalize gender imbalances in the workplace, Republic

Act No. 10151, otherwise known as the Night Workers Act,
repealed the provisions of the Labor Code

BEFORE: prohibited women from working from 10 p.m to 6

a.m.

NOW: 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 before and
after childbirth, for a period of at least sixteen (16) weeks,
which shall be divided between the time before and after
childbirth.
JO1 Jamjoom Usman Batugan, RN, JD
BACKGROUND/RATIONALE
Moreover, it undermines the meritocracy within the institution and could lead to
resentment among colleagues. Organizations such as the BJMP, as part of the uniformed
service and corollary within the purview of the term "military" are expected to uphold
anti-discrimination laws and promote inclusivity and diversity within their ranks.
Moreover, the use of the term "Military" in this circular is taken from Sec. 2 of RA 9263 or
otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004", which states that:
Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine
National Police Reform and Reorganization Act of 1998", provides that in times of
national emergency, BFP and the BJMP along with the Philippine National Police (PNP)
shall, upon the direction of the President, assist the Armed Forces of the Philippines (AFP)
in meeting the national emergency, in addition to the performance of their inherent
functions as mandated by law.
It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as
member of the uniformed service of the government under the Department of the
Interior and Local Government (DILG), are required the same amount of sacrifice,
service and dedication like their counterparts in the PNP and the AFP to carry out their
respective duties to the extent of risking their lives and limbs.
BACKGROUND/RATIONALE
With the foregoing, the use of the word "Military" so as to include the Bureau of Jail
Management and Penology shall be adapted in this circular. Hence, the definition of
"Women in the Military" as provided for by RA 9710 or the Magna Carta of Women shall
also include the women personnel of the BJMP.
Further qualified exemption stipulated in the general guidelines of this policy, the
exemption is in consonance with the mandate of RA 9710 or "The Magna Carta of
Women" specifically prohibiting any violation against women's or exhibition of
"Discrimination Against Women";
And Sec 7 of RA 7192 which states that:
Sec. 7. Admission to Military Schools. Any provision of the law contrary notwithstanding,
consistent with the needs of the services, women shall be accorded equal opportunities
for appointment, admission, training, graduation and commissioning in all military or
similar schools of the Armed Forces of the Philippines and the Philippine National Police
not later than the fourth academic year following the approval of this Act in
accordance with the standards required for men except those minimum essential
adjustments required by physiological differences between sexes.
BACKGROUND/RATIONALE
Taking this into account, the Jail Bureau, as part of the uniformed service though
non-combatant, continues to formulate policies in order to resolve this concern.
Hence, in order to promote gender equity and eradicate discrimination against
women, this policy shall once and for all clarify the gray areas in the screening
process for promotion.
OBJECTIVES
This policy aims to address a particular issue and provide a valid medical
classification for pregnant personnel, or those with pregnancy related condition/s or
post-partum personnel who are due for promotion.
SCOPE
This memorandum circular shall cover all female personnel (i.e. JOR, JNOR and non-
uniformed personnel) due for promotion who are pregnant, had pregnancy-related
conditions or post-partum (or recently given birth as defined herein).
PROCEDURES/DETAILS AND
GUIDELINES
This policy is suppletory to the previouslyTable 1. Medical Classification for
issued Circular, BJMP DHS MC 112Candidates for Promotion (DHS MC 112)
Guidelines on Medical, Neuro-Psychiatric Class Physically fit for any role and fit to
and Dental Evaluation, Sub-topic: A perform all physical events
Prescribes the Criteria for the Conduct of
Class Fit and able to perform all physical
Medical, Neuro-psychiatric and Dental B1 events but with medical findings;
Evaluation for Recruitment, Promotion physically underdeveloped or with
and Training of BJMP Personnel. minor/correctible defects. (i.e. error of
refraction, dental carries, mild
Presented is the current Medical
defective hearing, and other similar
Classification for Candidates for defects but otherwise fit to perform
Promotion. expected tasks)
Class Able to perform some physical events
B2 (with hypertension; diabetes;
intermittent attacks of joint pathology
– osteoarthritis, rheumatism, gout to
include knee/joint insufficiency)
PROCEDURES/DETAILS AND
GUIDELINES
Class C Fit to perform selected physical events (with history of surgery - particularly with
metal implants on joints and extremities; amputation of any body part; use of
limb prosthesis; and those with back problems)

Class D Temporarily unfit to perform physical events (pulmonary tuberculosis (PTB) in

intensive phase of treatment, and post-surgical procedure Including Cesarean
Section/Normal Spontaneous Delivery)

Class X Unfit to undergo training or perform expected tasks (s/p brain attack/stroke
especially with residual/severe physical disability; aneurysm; chronic
obstructive pulmonary disease; heart failure/bi-pass surgery and other
advanced heart disease; kidney failure/end stage renal disease; end stage
carcinoma and other similar illnesses)
PROCEDURES/DETAILS AND
GUIDELINES
The procedure and medical requirement Class Physically fit for any role and fit to Shall
discussed in the previous circular A perform all physical events perform
particularly in Table 1 shall be adhered to, and
while the following table (Table 2), shall pass all
be an addendum and suppletory to the required
previous MC. PAT
events
Table 2. Medical Classification Based on Class Fit and able to perform all physical Will
Medical Evaluation in relation to the B1 events but with medical findings; perform
status of fitness in the performance of the physically under- developed or and
Physical Ability Test (PAT) as part of the with minor/correctible defects (i.e. pass all
requirements for promotion in particular error of refraction, dental carries, required
for female personnel. mild defective hearing, and other PAT
similar defects but otherwise fit to events
perform expected tasks.
PROCEDURES/DETAILS AND
GUIDELINES

Class B2 Able to perform some physical events (with May perform and pass all
hypertension; diabetes; intermittent attacks of joint required PAT events or may
pathology – osteoarthritis, rheumatism, gout; to perform and pass selected
include knee/joint insufficiency) alternative PAT events
Class C Fit to perform selected physical events (with history May perform alternative PAT
of surgery - particularly with metal implants on joints events
and extremities; amputation of any body part; use
of limb prosthesis; and those with back problems)
PROCEDURES/DETAILS AND
GUIDELINES
Class D Temporarily unfit Personnel on intensive phase of PTB treatment must complete
to perform this phase of treatment and secure clearance from qualified
expected physician with relevant required test with improved results.
physical events *Six (6) months is the maximum allowable period, for personnel
(pulmonary who underwent a major surgical procedure, to be allowed to
tuberculosis (PTB) perform certain PAT events upon review/validation of submitted
in intensive surgical clearance and the type of surgery will be qualified by
phase of BJMP medical officer. The presence or attendance of the
treatment, post- candidate may be required on the scheduled PAT.
surgical For pregnant personnel - they must secure a certification from
procedure and their attending physician or obstetrician as to their status. Said
any stage of certification will be qualified by the BJMP medical officer in
pregnancy) charge of the medical evaluation, whether to require the
pregnant personnel to perform simple walking (as tolerated) or
her mere presence or attendance during the scheduled PAT be
sufficient.
PROCEDURES/DETAILS AND
GUIDELINES
Class E S/p Caesarean Section, s/p *s/p CS can be cleared after 6 months;
Spontaneous or Assisted Vaginal **s/p S/AVD can be cleared after 3
Delivery, s/p Dilatation and Currettage months
***s/p D & C can be cleared after 2
months

Class X Unfit to undergo training or perform Not cleared to perform any PAT event
expected tasks (s/p brain attack/stroke and shall be deemed unfit.
especially with residual/severe physical
disability; aneurysm; chronic obstructive
pulmonary disease; heart failure/bi-pass
surgery and other advanced heart
disease; kidney failure/end stage renal
disease; end sage carcinoma, and other
similar illnesses)
SPECIFIC GUIDELINES
Female Personnel who are classified either as Class D or E, shall be deemed qualified
to proceed with the process of promotion, provided they have complied all the
necessary diagnostic procedures, relevant medical documents reviewed, verified
and evaluated by the BJMP Medical team.
Upon having been classified as either Class D or E, they shall henceforth be
exempted from the performance of the Physical Ability Test only in consideration of
the specified provisions in Table 2. This shall mean that the numerator and
denominator for the computation of the points required along with the merits shall
be deducted to supply for the exemption.
As discussed earlier in the Background/Rationale and as provided for by law,
adjustments may be made to balance any physical differences between sexes.
Evidently, the most vital physical difference between men and women is "child
bearing" hence it is morally and legally adept to make necessary adjustment as
regards the minimum qualification for classification for physical testing.
NOTE:

Class D - Temporarily unfit to perform expected

physical events (pulmonary tuberculosis (PTB) in
intensive phase of treatment, post- surgical
procedure and any stage of pregnancy)

Class E - S/p Caesarean Section, s/p Spontaneous

or Assisted Vaginal Delivery, s/p Dilatation and
Currettage

exempted from the performance of the Physical

Ability Test
JO1 Jamjoom Usman Batugan, RN, JD
SPECIFIC GUIDELINES
This, however, does not in any way mean that they are automatically promoted as
this would be an injustice to other personnel due for promotion. All other steps
required for the promotion shall be followed except for the aforementioned PAT.
Additionally, the qualifying medical classifications of personnel mentioned in this
policy must be accompanied by a Medical Certification issued by a competent
government physician and/or specialist (i.e. Obstetrics and Gynecology), along with
other proof of diagnostic procedures such as, but not limited to: transvaginal or
abdominal ultrasound, pregnancy test result and any related tests where
applicable.
As for the neuropsychological and psychiatric examinations, both written and oral,
those classified as either Class D or E shall undergo telepsychology or teleassessment
when necessary or applicable.
All relevant documentation relative to the aforementioned eligible BJMP female
personnel and their final evaluation result will be forwarded to the concerned
National Human Resource Merit and Promotion Selection Board (NHRMPSB) or
Regional Human Resource Merit and Promotion Selection Board (RHRMPSB).
MONITORING CLAUSE
The DHS and its regional counterparts shall monitor the compliance of this policy
through:
Submission of quarterly reports/records on eligible BJMP female personnel due for
promotion exhibiting their current status whether pregnant or recently underwent
either spontaneous or assisted vaginal delivery, c-section or D &C.
NOTE:

Submission of reports is a must for humble

information to concerned offices. Constant
updates must be provided with attachments of
medical records

JO1 Jamjoom Usman Batugan, RN, JD

THANK YOU!

JO1 Jamjoom Usman Batugan, RN, JD