Republic Act No. 9231
AN ACT
PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING
STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC
ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
Be it
enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section
1. Section 2
of Republic Act No. 7610, as amended, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination
Act", is hereby amended to read as follows:
"Sec. 2. Declaration
of State Policy and Principles. - It is hereby declared to be the
policy of the State to provide special protection to children from all forms of
abuse, neglect, cruelty, exploitation and discrimination, and other conditions
prejudicial to their development including child labor and its worst forms;
provide sanctions for their commission and carry out a program for prevention
and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination. The State shall intervene on behalf of the
child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation
and discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person having care and custody of the same.
"It shall be the policy of
the State to protect and rehabilitate children gravely threatened or endangered
by circumstances which affect or will affect their survival and normal
development and over which they have no control.
"The best interests of
children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of
law, administrative authorities, and legislative bodies, consistent with the
principle of First Call for Children as enunciated in the United Nations
Convention on the Rights of the Child. Every effort shall be exerted to promote
the welfare of children and enhance their opportunities for a useful and happy
life."
Section
2. Section
12 of the same Act, as amended, is hereby further amended to read as follows:
"Sec. 2. Employment
of Children - Children below fifteen (15) years of age shall not be
employed except:
"1) When a child works
directly under the sole responsibility of his/her parents or legal guardian and
where only members of his/her family are employed: Provided, however, That
his/her employment neither endangers his/her life, safety, health, and morals,
nor impairs his/her normal development: Provided, further, That the
parent or legal guardian shall provide the said child with the prescribed
primary and/or secondary education; or
"2) Where a child's employment
or participation in public entertainment or information through cinema,
theater, radio, television or other forms of media is essential: Provided,
That the employment contract is concluded by the child's parents or legal
guardian, with the express agreement of the child concerned, if possible, and
the approval of the Department of Labor and Employment: Provided,
further, That the following requirements in all instances are strictly
complied with:
"(a) The employer shall
ensure the protection, health, safety, morals and normal development of the
child;
"(b) The employer shall
institute measures to prevent the child's exploitation or discrimination taking
into account the system and level of remuneration, and the duration and
arrangement of working time; and
"(c) The employer shall
formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skills acquisition of the
child.
"In the above-exceptional
cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirements.
"For purposes of this
Article, the term "child" shall apply to all persons under eighteen
(18) years of age."
Section
3. The same Act,
as amended, is hereby further amended by adding new sections to be denominated
as Sections 12-A, 12-B, 12-C, and 12-D to read as follows:
"Sec. 2-A. Hours of
Work of a Working Child. - Under the exceptions provided in Section 12
of this Act, as amended:
"(1) A child below fifteen
(15) years of age may be allowed to work for not more than twenty (20) hours a
week: Provided, That the work shall not be more than four (4) hours
at any given day;
"(2) A child fifteen (15)
years of age but below eighteen (18) shall not be allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen
(15) years of age shall be allowed to work between eight o'clock in the evening
and six o'clock in the morning of the following day and no child fifteen (15)
years of age but below eighteen (18) shall be allowed to work between ten
o'clock in the evening and six o'clock in the morning of the following
day."
"Sec. 12-B. Ownership,
Usage and Administration of the Working Child's Income. - The wages,
salaries, earnings and other income of the working child shall belong to
him/her in ownership and shall be set aside primarily for his/her support,
education or skills acquisition and secondarily to the collective needs of the
family: Provided, That not more than twenty percent (20%) of
the child's income may be used for the collective needs of the family.
"The income of the working
child and/or the property acquired through the work of the child shall be
administered by both parents. In the absence or incapacity of either of the
parents, the other parent shall administer the same. In case both parents are
absent or incapacitated, the order of preference on parental authority as
provided for under the Family Code shall apply.
"Sec. 12-C. Trust
Fund to Preserve Part of the Working Child's Income. - The parent or
legal guardian of a working child below eighteen (18) years of age shall set up
a trust fund for at least thirty percent (30%) of the earnings of the child
whose wages and salaries from work and other income amount to at least two
hundred thousand pesos (P200,000.00) annually, for which he/she shall render a
semi-annual accounting of the fund to the Department of Labor and Employment,
in compliance with the provisions of this Act. The child shall have full
control over the trust fund upon reaching the age of majority.
"Sec. 12-D. Prohibition
Against Worst Forms of Child Labor. - No child shall be engaged in the
worst forms of child labor. The phrase "worst forms of child labor"
shall refer to any of the following:
"(1) All forms of slavery, as
defined under the "Anti-trafficking in Persons Act of 2003", or
practices similar to slavery such as sale and trafficking of children, debt
bondage and serfdom and forced or compulsory labor, including recruitment of
children for use in armed conflict; or
"(2) The use, procuring,
offering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances; or
"(3) The use, procuring or
offering of a child for illegal or illicit activities, including the production
and trafficking of dangerous drugs and volatile substances prohibited under
existing laws; or
"(4) Work which, by its
nature or the circumstances in which it is carried out, is hazardous or likely
to be harmful to the health, safety or morals of children, such that it:
"a) Debases, degrades or
demeans the intrinsic worth and dignity of a child as a human being; or
"b) Exposes the child to
physical, emotional or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
"c) Is performed underground,
underwater or at dangerous heights; or
"d) Involves the use of
dangerous machinery, equipment and tools such as power-driven or explosive
power-actuated tools; or
"e) Exposes the child to
physical danger such as, but not limited to the dangerous feats of balancing,
physical strength or contortion, or which requires the manual transport of
heavy loads; or
"f) Is performed in an
unhealthy environment exposing the child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing, radiation, fire,
flammable substances, noxious components and the like, or to extreme
temperatures, noise levels, or vibrations; or
"g) Is performed under
particularly difficult conditions; or
"h) Exposes the child to
biological agents such as bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or
"i) Involves the manufacture
or handling of explosives and other pyrotechnic products."
Section
4. Section
13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to
Education and Training for Working Children - "a) No child shall
be deprived of formal or non-formal education. In all cases of employment
allowed in this Act, the employer shall provide a working child with access to
at least primary and secondary education.
"b) To ensure and guarantee
the access of the working child to education and training, the Department of
Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and
effective course designs and educational programs; (2) conduct the necessary
training for the implementation of the appropriate curriculum for the purpose;
(3) ensure the availability of the needed educational facilities and materials;
and (4) conduct continuing research and development program for the necessary
and relevant alternative education of the working child.
"c) The DEPED shall
promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children
who have not undergone or finished elementary or secondary education. Such
course design shall integrate the learning process deemed most effective under
given circumstances."
Section
5. Section
14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition
on the Employment of Children in Certain Advertisements. - No child
shall be employed as a model in any advertisement directly or indirectly
promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography."
Section
6. Section
16 of the same Act, is hereby amended to read as follows:
"Sec. 16. Penal
Provisions -
"a) Any employer who violates
Sections 12, 12-A, and Section 14 of this act, as amended, shall be penalized
by imprisonment of six (6) months and one (1) day to six (6) years or a fine of
not less than Fifty thousand pesos (P50,000.00) but not more than Three hundred
thousand pesos (P300,000.00) or both at the discretion of the court.
"b) Any person who violates
the provision of Section 12-D of this act or the employer of the subcontractor
who employs, or the one who facilitates the employment of a child in hazardous
work, shall suffer the penalty of a fine of not less than One hundred thousand
pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or
imprisonment of not less than twelve (12) years and one (1) day to twenty (20)
years, or both such fine and imprisonment at the discretion of the court.
"c) Any person who violates
Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in accordance
with the penalty provided for by R. A. 9208 otherwise known as the
"Anti-trafficking in Persons Act of 2003": Provided, That
Such penalty shall be imposed in its maximum period.
"d) Any person who violates
Section 12-D (3) shall be prosecuted and penalized in accordance with R.A.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of
2002"; Provided, That such penalty shall be imposed in its maximum
period.
"e) If a corporation commits
any of the violations aforecited, the board of directors/trustees and officers,
which include the president, treasurer and secretary of the said corporation
who participated in or knowingly allowed the violation, shall be penalized
accordingly as provided for under this Section.
"f) Parents, biological or by
legal fiction, and legal guardians found to be violating Sections 12, 12-A,
12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos
(P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or be
required to render community service for not less than thirty (30) days but not
more than one (1) year, or both such fine and community service at the
discretion of the court: Provided, That the maximum length of
community service shall be imposed on parents or legal guardians who have
violated the provisions of this Act three (3) times; Provided, further,
That in addition to the community service, the penalty of imprisonment of thirty
(30) days but not more than one (1) year or both at the discretion of the
court, shall be imposed on the parents or legal guardians who have violated the
provisions of this Act more than three (3) times.
"g) The Secretary, of Labor
and Employment or his/her duly authorized representative may, after due notice
and hearing, order the closure of any business firm or establishment found to
have violated any of the provisions of this Act more than three (3) times.
He/she shall likewise order the immediate closure of such firm or establishment
if:
"(1) The violation of any
provision of this Act has resulted in the death, insanity or serious physical
injury of a child employed in such establishment; or
"(2) Such firm or
establishment is engaged or employed in prostitution or in obscene or lewd
shows.
"h) In case of such closure,
the employer shall be required to pay the employee(s) the separation pay and
other monetary benefits provided for by law."
Section
7. The same
Act is hereby further amended by adding a new section to be denominated as
Section 16-A, to read as follows:
"Sec. 16-A. Trust
Fund from Fines and Penalties - The fine imposed by the court shall be
treated as a Trust Fund, administered by the Department of Labor and Employment
and disbursed exclusively for the needs, including the costs of rehabilitation
and reintegration into the mainstream of society of the working children who
are victims of the violations of this Act, and for the programs and projects
that will prevent acts of child labor."
Section
8. Section 27 of
the same Act is hereby amended to read as follows:
"Sec. 27. Who May
File a Complaint - Complaints on cases of unlawful acts committed
against children as enumerated herein may be filed by the following:
"(a) Offended party;
"(b) Parents or guardians;
"(c) Ascendant or collateral
relative within the third degree of consanguinity;
"(d) Officer, social worker
or representative of a licensed child-caring institution;
"(e) Officer or social worker
of the Department of Social Welfare and Development;
"(f) Barangay chairman of the
place where the violation occurred, where the child is residing or employed; or
"(g) At least three (3)
concerned, responsible citizens where the violation occurred."
Section
9. The same
Act is hereby further amended by adding new sections to Section 16 to be
denominated as Sections 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction -
The family courts shall have original jurisdiction over all cases involving
offenses punishable under this Act: Provided, That in cities
or provinces where there are no family courts yet, the regional trial courts
and the municipal trial courts shall have concurrent jurisdiction depending on
the penalties prescribed for the offense charged.
"The preliminary
investigation of cases filed under this Act shall be terminated within a period
of thirty (30) days from the date of filing.
"If the preliminary
investigation establishes a prima facie case, then the
corresponding information shall be filed in court within forty eight (48) hours
from the termination of the investigation.
"Trial of cases under this
Act shall be terminated by the court not later than ninety (90) days from the
date of filing of information. Decision on said cases shall be rendered within
a period of fifteen (15) days from the date of submission of the case.
"Sec. 15. Exemptions
from Filing Fees. - When the victim of child labor institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt
from payment of filing fees.
"Sec. 16-C. Access to
Immediate Legal, Medical and Psycho-Social Services - The working
child shall have the right to free legal, medical and psycho-social services to
be provided by the State."
Section
10. Implementing
Rules and Regulations -
The Secretary of Labor and Employment, in coordination with the Committees on
Labor and Employment of both Houses of Congress, shall issue the necessary
Implementing Rules and Regulations (IRR) to effectively implement the
provisions of this Act, in consultation with concerned public and private
sectors, within sixty (60) days from the effectivity of this Act.
Such rules and regulations shall
take effect upon their publication in two (2) national newspapers of general
circulation.
Section
11. Separability
Clause. - If any provision of this Act is declared invalid or
unconstitutional, the validity of the remaining provisions hereof shall remain
in full force and effect.
Section
12. Repealing
Clause. -
All laws, decrees, or rules inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section
13. Effectivity. -
This Act shall take effect fifteen (15) days from the date of its complete
publication in the Official Gazette or in at least two (2)
national newspapers of general circulation.
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