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 Act No. 7610, As Amended,
Otherwise Known as the "Special Protection Of Children Against
Child Abuse, Exploitation And Discrimination Act"
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.
Approved: December
19, 2003
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