Short answer. No. Republic Act 8187 limits paternity leave to the first four deliveries of the employee's legitimate spouse. The fifth child's birth does not entitle the father to the seven-day paid leave under this law — the benefit is exhausted after four occasions regardless of how many children the couple has.
What the law says
every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →
The four-delivery limit is firm
Section 2 of RA 8187 states that paternity leave covers the first four deliveries only. "Deliveries" here means distinct childbirth events — each pregnancy that results in a birth or miscarriage. If you have already claimed paternity leave for four prior deliveries, there is no legal entitlement to the benefit for a fifth. The law is not ambiguous on this point. The four-delivery cap was a deliberate policy choice and has not been amended to expand coverage to additional children.
What counts as a delivery
Section 2 defines delivery to include both childbirth and any miscarriage. So a miscarriage counts as one of the four covered events. If a prior miscarriage was one of the occasions on which you took paternity leave, that counts toward the four-delivery limit. If you had paternity leave for three successful births and one miscarriage, that is four deliveries — a fifth pregnancy is not covered. Stillbirths and other complications that require hospitalization or medical attention are generally treated similarly to delivery events, though the specific application may depend on how your employer interprets the implementing rules.
What you can still do
The absence of statutory paternity leave for a fifth child does not mean you have no options. Depending on your employer and your employment contract, you may have access to vacation leave, sick leave, or other discretionary leave credits that you can use around the time of birth. Some employers — particularly larger companies — provide additional parental leave benefits beyond what the law requires. It is worth checking your company's leave policy or collective bargaining agreement, if one exists. But under RA 8187 alone, there is no legal right to the seven-day paid paternity leave for a fifth delivery.
The notification requirement still applies if you have remaining leave
If you have not yet used up all four covered deliveries, remember that Section 2 also requires you to notify your employer of your spouse's pregnancy and the expected date of delivery in order to claim the benefit. This is a procedural requirement — failing to give prior notice may complicate your claim even for deliveries that are still covered. For a fifth child where no statutory leave applies, the notification question is moot, but it is worth keeping in mind for any earlier pregnancies where the right still exists.