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SIXTEENTH CONGRESS OF TIlE REPUBLlC 
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or THE PHILIPPINES 
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First Regular Session 
) 
SENATE 
S.N°·--'72-1 
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Introduced by Scnfltor Miriam Defensor Santiago 
EXPLANATORY NOTE 
Nannies or "yayas" playa very important role in the care and maintenance of children. 
Their basic job is to protect, love, play with, and teach the children in their care. Oftentimes, 
however, there arc reports of nannies physically or verbally hurting their charges. In some 
instances, nannies are among the conspirators in kidnapping cases. 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 fr0111 unscrupulous and unqualified nannies by 
requiring such nannies to meet certain standards and criteria before they can render child care 
services. It also authorizes and directs the Department of Labor and Employmcntto regulate and 
license nanny placement or employment agencies to ensme that they hold out for hire only those 
nannies who meet certain standards and criteria. J 
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4~~...,~" ),~1:y.I 
.MIRIAM DErE~,)OR SANTIAlo . 
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J This bill was originally filed during the Fourteenth Congress. 


SIXTEENTH CONGHESS or THE REPlJBUC 
) 
or TI-IE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL 15 PI: :13 
SENAJ;E 
7"1 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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PROVIDING FOR II-IE LICENSURE AND REGULATION or NANNY PLACEMENT OR 
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EMPLOYMENT AGENCIES 
Be it enacted by the Senate and the HOllse of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Nanny Agency Licensure and 
5. 
Regulation Acl." 
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SECTION 2. Declaration CilPolicy. - It is a poliey of the State to protect the physical, 
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moral and social well-being of children. Towards this end, the State shall exert efforts to ensure 
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that only able and qual iJied nannies shall be allowed to provide child care services for hire. 
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SECTION 3. Definition CifTerms. -For purposes of this Act, the term: 
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(A) 
"Nanny placemcnt or employment agency" llleans any educational or cultural 
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foundation, institution, agency, company or otherwise named, which for a fee or other payment, 
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procures, solicits, or attempts to procure or solicit, from outside or within the Philippines, or to 
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whom such persons seek application, for the purposes of placement and/or employment in a 
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private residence in the Philippines, to act in the capacity of providing child care services as a 
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nanny, either while living in (he home or by providing child care in the home and living without 
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the home, on a Cull lime or regular basis. 
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(B) 
"Nanny" llleans any person who is placed by an agency or company in a private 
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residence and who lives within or without the home, for the purposes or performing child cmc 
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services and duties, in the capacity of a primary chile! care worker on a full lime or regular basis. 


SECTION 4. Licensure Process. - The Secretary of Labor and Employment is hereby 
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authorized and directed to establish, implelllent, provide oversight to, and promulgate regulations 
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for a licensure and approval process for nanny placement or employment agencies. 
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Such agencies shall provide veri fication to the Department of Labor and Employment 
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(DOLE) to the effect that each nanny, prior to being placed in a private residence, and wherein 
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stated during said placement, has met the specific standards and criteria stated in this section, and 
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shall develop forms and procedures approved by the DOLE for such verification. 
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No nanny placement or employment agency, or any other placement or employment 
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agency, shall place or employ any nanny or any other person providing child care services unless 
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thc standards set forth in this Act, as well as those approved by the Secretary, and all other 
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statutory and regulatory obligations are fulfilled. 
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SECTION S. Sfandards and Criteria/or Nannies. - The following standards and criteria 
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shall be required of nannies, subject to conditions set forth in this section: 
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(A) 
Two (2) formal standard comses, or six semester hours, in early childhood 
IS 
cducation, or a certificate or vocational program in early childhood education, or equivalent, 
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either during secondary educational coursework, or during post-secondary courscwork in a 
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recognized college, university other educational institution in child care training, child 
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development, child welfare, or other appropriate coursework. classes or training, including 
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substitutions in educational courses andlor work experience determined as acceptable by tbe 
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Secretary; 
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(13) 
Participation in at least three (3) days in-service training and education ill early 
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childhood education, child development and child welfare and safety, or other such appropriate 
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child care services training, either midwElY through the year of the placement of the au air, or at 
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intervals during the year of placement, as approved by the Secretary, in conjunction with the 
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employment or placement agency; 
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(C) 
(D) 
CertiJlcation in Cardiopulmonary ReSllscitation (CPR) and Basic First Aid; 
Screening and background checks for criminal and juvenile conduct including 
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psychological assessments, health and medical examinations, school records and atlendance, 
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which shall be provided by nanllles or solicited by the employment or placement agencIes 
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through school records, references from counselors, teachers, or other school personnel, police 
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authorities, driving records, or thrO[lgh other means available and as approved by the Secretary. 
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The Secretary, in conjunction with the employment or placement agency, lllay exercise 
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discretion and flexibility in the evaluation and consideration of standards (0 be lllet and in 
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determinations of substitute or alternative criteria which would fulfill such requirements or their 
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equivalent. The Secretary may consider documented training or experience in a child care 
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program or school, a nursery, 01' other acceptable participation in eoursework or experience 
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submitted by the nanny through the employment or placement agency as equivalent criteria 
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required to meet educational and training standards. 
II 
No nanny or person providing child care services shall be placed in a private residence to 
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more than two children who are each under (he age of five (5) years. 
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SECTION 6. Quarterly Reports. - Nanny placement and employment agencIes, as 
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del1ned in Section 3 this Act, shall be required to provide quarterly reports to the DOLE which 
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shall include: 
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(A) 
(8) 
(C) 
Its location and address, as well as those of all its branches or offices; 
The total number of nannies placed within Philippines; 
Any change in placement or disrupted placement, or, removal of a nanny from a 
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placement and the reasons for the change or removal; the new placellJlcntlocation, if applicable; 
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basis; 
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(D) 
(E) 
(F) 
(G) 
The dates of placement for each nanny and the duration ofthe placement; 
The numbers of children ancl their ages in the care of each nanny; 
The number of hours required for each nanny to provide child care, on a weekly 
A summary of the training ancl education and other f'cquirements of each nanny 
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placed, and the location and duration of the education and training or (Jtber requirement; 
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(U) The number of hours or in-scrvice training to be required of each nanny, who will 
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provide the training and whcn it will occur during the placement. 
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The nanny placement and employment agency shall submit to the DOLE, prior to any 
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placement of a nanny, documentation of each requirement to be fulfilled by the nanny and by the 
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agency itself. 
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No nanny shall be placed in a private residence for the purposes of providing full time 
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child care or child carc on a regular basis, without meeting all credentials arId requirements set 
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forth in this Act. 
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SECTION 7. Penalties. - Any act of canvassing, enlisting, contracting, transporting, 
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utilizing, hiring or procuring workers, including referring, contracting services, promising or 
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advertising for employment, qualified nannies without first obtaining a license to do so from the 
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DOLE shall be punishable by a penalty of imprisonment of arreslo mayor, or a fine of not more 
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than Pifty Thousand Pesos (P50,000.00), or both, at the discretioll of thc court, taking into 
12 
consideration all attending circumstances. 
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The owner, proprietor, or operator of any nanny placement or employment agency found 
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canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, including 
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referring, contracting services, promising or advertising for employment, qualified nannies 
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without first obtaining a license (0 do so fro111 (he DOLE shall be punished by a penalty of 
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imprisonment of jJl'isiol1 cOl'l'eccionai, or a fine of not more than One Hundred Thousand Pesos 
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(1'100,000.00), or both, at the discretion of the court, taking into consideration all attending 
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circumstances. If the owner, proprietor or operator of the establishment above is a corporation, 
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trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be 
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imposed on the entity's responsible officers, including, but not limited to, thc president, vice-
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president, chief executive o Cficer, general manager, managing director or partner directly 
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responsible therefore. 
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The maximum penalty above shall be imposed if the nannies offered for hire do not meet 
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the standards and criteria set forth in this Act, as well as those approved by the DOLE, and all 
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other statutory and regulatory obligations, as the case may be. The maximum penalty shall also 
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be imposed if a person has been previously convicted of any violation of this Act. 
4 


1 
SECTION 8. Periodic Review. - The DOLE shall review all records and documents for 
2 
meeting criteria and standards set forth in Section 5 of this Act, at the inception of the licensure 
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and approval process, and thereafter on an annual basis, or marc frequently if deemed necessary 
4 
by the Secretary of Labor and Employment, and shall ascertain by a method developed by the 
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DOLE that all requirements and credentials set forth in this Act have been fulfilled. 
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SECTION 9. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, leller of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 11. Eflecfivify Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at Jeast two (2) newspapers of general circulation. 
Approved, 
5