Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3920

Introduced by Representative Michael L. Romero

. EXPLANATORY NOTE

“In the republic of the Philippines, Child Labor is the employment of
children in hazardous occupations below the age of eighteen (18), or without the
proper conditions and requirements below the age of fifteen (15), where children
are compelled to work on a regular basis to earn a living for themselves and their
families, and as a result are disadvantaged educationally and socially.

The Philippine Statistics Office (PSA) has said there are currently around 5.5
million child laborers aged 5-17 in the country, around 3 million of whom are
exposed to environments that are considered hazardous.

The International Labor Organization estimates that 55.3% of these children
undertake hazardous work in an agricultural setting.

This House Bill seeks 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.

Thu, the early passage of this bill is earnestly requested.

MICI ROMERO Ph.D.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3520
HOUSE BILL NO. _»_

. | Introduced by Representative Michael L. Romero

AN ACT

AMENDING REPUBLIC ACT NO.9231, OTHERWISE KNOWN AS
“SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT”, TO FOSTER ALL
EFFORTS TO THE WELFARE OF CHILDREN, TO PROMOTE THE
BEST INTERESTS OF CHILDREN THAT ARE PARAMOUNT
CONSIDERATION IN ALL ACTIONS CONCERNING THEM, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. DECLARATION OF POLICY - 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.

SECTION 2. Section 6 of Republic Act 9231, is hereby amended to

‘read as follows:

“Sec. 6. 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 one (1) year and one (1) day to six (6) years
or a fine of not less than Two hundred thousand pesos
(P200,000.00) but not more than Five hundred thousand
pesos (P500,000.00) 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 Three
hundred thousand pesos (P300,000.00) 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 Two hundred thousand
pesos (P200,000.00) but not more than Five hundred
thousand pesos (P500,000.00), or be required to render
community service for not less than three (3) months 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 three (3) months 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


SECTION

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.”

3. TRANSITORY PROVISION- Existing industries,

businesses and offices affected by the implementation of this Act shall be
given six (6) months transitory period from the effectivity of the IRR or
such other period as may be determined, to comply with the requirements

of this Act.

SECTION

4. IMPLEMENTING RULES AND REGULATIONS - The

departments and agencies charged with carrying out the provisions of this
Act shall, within sixty (60) days after the effectivity of this Act, formulate
the necessary rules and regulations for its effective implementation.


SECTION 5. REPEALING CLAUSE - All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 6. SEPARABILITY CLAUSE - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.

SECTION 7. EFFECTIVITY CLAUSE - This Act shall take effect after
fifteen (15) days from its publication in the Official Gazette or in at least
two (2) national newspapers of general circulation whichever comes earlier.

Approved,