Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three.

Republic Act No. 9231             December 19, 2003

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.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 2155 and House Bill No. 4235 was
finally passed by the Senate and the House of Representatives on October 14, 2003 and
October 13, 2003, respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: December 19, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines