THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the Philippines, nannies or “yayas” play a very important role in the care and 
maintenance of children. Their job includes the duties to protect, love, play with, and teach the 
children in their care. Unfoitunately, there are oftentimes reports of nannies physically or 
verbally hurting their charges. Moreover, in some instances, nannies are among the conspirators 
in kidnapping these children. Thus, it is very important that the nannies to whom parents entrust 
their children are trustworthy, able and qualified. 
This bill seeks to protect children from unscrupulous and unqualified nannies by bill 
requiring nannies to meet certain standards and criteria before they can render child care 
services. It also authorizes and directs the Department of Labor and Employment to regulate and 
license nanny placement or employment agencies in order to ensure that they hold out for hire 
only those nannies who meet certain standards and criteria. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regulx Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDrNG FOR THE LICENSURE AND REGULATION 
OF NANNY PLACEMENT OR EMPLOYMENT AGENCIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Nanny Agency Licensure and 
Regulation Act of 2006.” 
SECTION 2. Declaration of Policy. - It is a policy of the State to protect the physical, 
moral and social well-being of children. Towards this end, the State shall exert efforts to ensure 
that only able and qualified nannies shall be allowed to provide child care services for hire. 
SECTION 3. Definition of Terms. -For purposes of this Act: 
(A) “Nanny placement or employment agency” means 
any educational or cultural 
foundation, institution, agency, company or otherwise named, which for a fee or 
other payment, procures, solicits, or attempts to procure or solicit, from outside or 
within the Philippines, or to whom such persons seek application, for the purposes of 
placement and/or employment in a private residence in the Philippines, to act in the 
capacity of providing child care services as a nanny, either while living in the home 
or by providing child care in the home and living without the home, on a full time or 
regular basis. 
(B) “Nanny” mean any person who is placed by an agency or company in a private 
residence and who lives within or without the home, for the purposes of performing 


child care services and duties, in the capacity of a primary child care worker on a full 
time or regular basis. 
SECTION 4. Licensure Process. - The Department of Labor and Employment is hereby 
authorized and directed to establish, iniplernent, provide oversight to, and promulgate regulations 
for, a licensure and approval process for nanny placement or employment agencies. 
Such agencies shall provide verification to the Department to the effect that each nanny, 
prior to being placed in a private residence, and wherein stated during said placement, has met 
the specific standards and criteria stated in this section, and shall develop forms and procedures 
approved by the Department for such verification. 
No nanny placement or employment agency, or any other placement or employment 
agency, shall place or employ any nanny or any other person providing child care services unless 
the standards set foith in this Act, as well as those approved by the Department, and all other 
statutory and regulatory obligations are fulfilled. 
SECTION 5. Standards an.d Criteriafor Nannies. - The following standards and criteria 
shall be required of nannies, subject to conditions set forth in this section: 
(A) Two (2) formal standard courses, or six (6) semester hours, in early childhood 
education, or a certificate or vocational program in early childhood education, or 
equivalent, either during secondary educational coursework, or during p s t -  
secondary coursework in a recognized college, university other educational 
institution in child care training, child development, child welfare, or other 
appropriate coursework, classes or training, including substitutions in educational 
courses andlor work experience determined as acceptable by the Secretary; 
(B) Participation in at least three days in-service training and education in early 
childhood education, child development and child welfare and safety, or other such 
appropriate child care services training, either midway through the year of the 
placement of the nanny, or at intervals during the year of placement, as approved by 
the Secretary, in conjunction with the employment or placement agency; 


(C) Certification in CPR and Basic First Aid, 
(D) Screening and background checks for criminal and juvenile conduct including 
psychological assessments, health and medical examinations, school records and 
attendance, which shall he provided by nannies or solicited by the employment or 
placement agencies through school records, references from counselors, teachers, or 
other school personnel, police authorities, driving records, or through other means 
available and as approved by the Secretary. 
The Secretmy, in conjunction with the employment or placement agency, may exercise 
discretion and flexibility in the evaluation and consideration of standards to be met and in 
deteiminations of substitute or alternative criteria which would fulfill such requirements or their 
equivalent. The Secretary may consider documented training or experience in a child care 
program or school, a nursery, or other acceptable participation in coursework or experience 
submitted by the nanny through the employment or placement agency as equivalent criteria 
required to meet educational and training standards. 
No nanny or person providing child care services shall be placed in a private residence to 
more than two (2) children who are each under the age of five (5) years. 
SECTION 6. Quarterly Reports. - Nanny placement and employment agencies, as 
defined in Section 3 this Act, shall be required to provide quarterly reports to the Office of Child 
Care Services which shall include: 
(A) Its location and address, as well as those of all its branches or offices; 
(B) The total number of nannies placed within Philippines; 
(C) Any change in placement or disrupted placement, or removal of a nanny from a 
placement and the reasons for the change or removal, the new placement location, if 
applicable; 
(D) The dates of placement for each nanny and the duration of the placement; 
(E) The numbers of children and their ages in the care of each nanny; 
(F) The number of hours required for each nanny to provide child care, on a weekly 
basis; 


(G)A summary of the training and education and other requirements of each nanny 
placed, and the location and duration of the education and training or other 
requirement; 
(H) The number of hours of in-service training to be required of each nanny, who will 
provide the training and when it will occur during the placement. 
The nanny placement and employment agency shall submit to the Office, prior to any 
placement of a nanny, documentation of each requirement to be Mfilled by the nanny and by the 
agency itself. 
No nanny shall be placed in a private residence for the purposes of providing full time 
child care or child care on a regular basis, without meeting all credentials and requirements set 
foith in this Act. 
SECTION 7. Penalties. - Any act of canvassing, enlisting, contracting, transporting, 
utilizing, hiring or procnring workers, including referring, contracting services, promising or 
advertising for employment, qualified nannies without first obtaining a license to do so fiom the 
Department shall be punishable by a penalty of iinprisonment of arresto mayor, or a fine of not 
mot'e than FiRy Thousand Pesos (PSO,OOO.OO), or both, at the discretion of the court, taking into 
consideration all attending circumstances. 
The owner, proprietor, or operator of any nanny placement or employment agency found 
canvassing, enlisting, contracting, transporting, utilizing, hiring or procnring workers, including 
referring, contracting services, promising or advertising for employment, qualified nannies 
without first obtaining a license to do so from the Department shall be punished by a penalty of 
imprisonment ofprision corveccional, or a fine of not more than One Hundred Thousand Pesos 
(PIOO,OOO.OO), or both, at the discretion of the court, taking into consideration all attending 
circumstances. If the owner, proprietor or operator of the establishment above is a corporation, 
trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be 
imposed on the entity's responsible officers, including, but not limited to, the president, vice- 
president, chief executive officer, general manager, managing director or partner directly 
responsible therefore. 


The maximum penalty above shall be imposed if the nannies offered for hire do not meet 
the standards and criteria,set forth in this Act, as well as those approved by the Department, and 
all other statutoiy and regulatory obligations, as the case may be. The maximum penalty shall 
also be imposed if a person has been previously convicted of any violation of this Act. 
SECTION 8. Periodic Review. - The Department of Labor and Employment shall review 
all records and documents for meeting criteria and standards set forth in Section 5 of this Act, at 
the inception of the licensure and approval process, and thereafter on an annual basis, or more 
frequently if deemed necessary by the Secretary of Labor and Employment, and shall ascertain 
by a method developed by the Department that all requirements and credentials set forth in this 
Act have been fulfilled. 
SECTION 9. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent wit 
the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 11. Efectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,