Repubiic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

° 6295

HOUSE BILL NO.

Introduced by REP. 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 eam a living for
themselves and their families, and as a result are disadvantaged
educationally and socially.

The National Statistics Office (NSO) has said there are curently around 5.5
million child laborers aged 5-17 in the country, around 3 million of whom are
exposed fo environments that are considered hazardous.

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

Current Status

As of 20)3, there are 3.2/0 million child laborers in the Philippines. In 200!
there were 2.4 million. There are a total of 9.8 million children aged 5 to 17
working in the Philippines, 2.46 million (44.9%) of these are doing legal work.
66.8% of child laborers are boys.

2.4 million children did hazardous work in 2001 out of a total number of
working children of 4 million. In 1995, the number of children doing hazardous
work was 2.2 million. out of a total of 3.6 million.

In its report Findings on the Worst Forms of Child Laborin 2013, the
Department of Labor estimated the percentage of working children aged 5
fo 14 to be around 11% which corresponds to about 2.180 million children.
65% of these children were found in the agricultural sector, 5% in the industrial
sector and 29% engaged in domestic service. The 2014List of Goods


Produced by Child Labor or Forced Labor reported 13 goods produced
exclusively by child labor in the Philippines. These included 8 agricultural
goods (namely sugarcane. bananas, coconuts, com, hogs, rice, rubber, and
tobacco). Gold mining, pornography and pyrotechnics complete the list.

Historical Evolution of Child Labor Laws in the Philippines

The concer for the welfare of Children being employed to work started in
the Philippines as early as 1923. The American colonial government of that
time enocted the very fist set of rules and regulations in the country
regarding Child-labor through Act No. 3071. also known as “An Act to.
Regulate the Employment of Women and Children in Shops, Factories,
Industrial, Agricultural and Mercantile Establishments, and Other Place of
Labor in the Philippine Islands, to Provide Penalties for Violations Hereof and
for Other Purposes.” The enforcement of this law was eventually overseen by
the Woman and Child Labor Section of the Inspection Division of the then
Bureau of Labor in 1925. When the Philippines declared independence from
American rule in 1946, all existing laws enacted under the former regime were
replaced by Republic Acts. Act No. 3071 was renamed R.A. 695 thereafter
and the implementation was entrusted to the Women and Minors Division of
the former Bureau of Labor Standards, in 1957.

In 1932, the Philippines enacted into law to codify its penal laws, they came
to be known as the Revised Penal Code (RPC). The RPC contains several
provisions barring certain types of child work, such as “Exploitation of Child
Labor" (Article 273) which prohibits an employer from retaining a child worker
in service against his or her will under the pretext of reimbursing a debt
incurred by the child's ascendants. The PRC also includes a clause regarding
the "Exploitation of Minors” (Article 278). This provision prohibits the
employment of a minor less than sixteen (16) years of age in what the code
describes as “dangerous exhibits". Other provisions of the RPC relating to
slavery, prostitution, corruption, illegal detention, and kidnapping of minors
are all applicable to child workers. The RPC remains in effect to this day in the
Philippines.

Two years atter Philippine independence from American control, the
Republic became a member state of the International Labor Organization on.
June 15, 1948. Since then, the Philippines have ratified a number of
international conventions adopted by ILO, relating to child labor. The country
first ratified in 1953, ILO Convention No. 90, which prohibits the employment of
children in industry during night time and in 1960, the government ratified ILO
Convention No. 59, which fixes the minimum age of employment for industry
at 15 years. The convention, however, allows younger workers to be
employed in undertakings which only members of the employer's family are
employed, but only if the work in question is not a danger to the life. health,
‘or morals of the children employed. ILO Convention No. 77, which requires
the medical examination and subsequent re-examination of children as a


prerequisite for their employment, was aiso put into effect in 1960. The ILO
Convention No. 138 or the Minimum Age Convention of 1973 was not ratified
in the Philippines until 1998.

During the Martial Law, a handful of Presidential Decrees |P.D.'s) were
enforced conceming child labor laws in the Philippines. One of which is P.D.
no. 148 which amended R.A. 679, the Woman and Child Labor Law, The new
decree simplified the complex provisions of R.A. 679 regarding confusing age
limits imposed by this law under different types of undertakings allowing “any
person between 14 and 18 years of age may be employed in any non-
hazardous undertaking." It is important to note that P.D. no 148 was in direct
disagreement with ILO Convention No. 59. The new law didn't last that long
since only a year after, P.D. no 148 was amended by the passage of P.D. no
442, otherwise known as the Labor Code. The new law raised the minimum
age of employment from 14 to 15 years old, and has maintained the previous
minimum age for hazardous undertakings at 18 years old. The Labor Code
failed, however, to include the terms and conditions of employment of
children previously provided by R.A. 679, as amended by P.D. no. 148
creating a huge gap in the new law. This was eventually addressed through
P.D. 603 or the Child and Youth Welfare Code, a codification of different
provisions for the well-being of all children.

Primary Agency

In order to progressively eliminate the proliferation of child labor cases in the
Philippines, the following agencies, DOLE, DSWD, and CWC jointly collaborate
‘on the programs and actions that assure the prevention of more child labor
cases and the protection of the children in the society.

Department of Labor and Employment

The Department of Labor and Employment (DOLE) is the national
government agency responsible for formulating policies, the implementation
of programs, and they serve as the policy-coordinating program arm of the
Executive Branch in the labor and employment field. They ore leading the
networks in the progressive eradication of child labor through protecting,
preventing, and removing the children out of the hazardous and exploitative
works, which also includes curing and redeeming them back into
society. Their projects, programs, and activities are as follows:

1, Philippine Program Against Child Labor (PPACL)

2. Child Labor Prevention and Elimination Program

3. HELP. M.E. or the Health, Education and training, Livelihood,
Protection and prevention, and Monitoring and Evaluation Program

4. Project Angel Tree

5, KaSaMa Program

6. Special Program for the Employment of Students (SPES)


7. Child-Labor Free Barangays

DOLE also enforced national laws such as "The Anti-Trafficking in Persons Act”
(R.A, 9208) and “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act” (R.A. 9231).

Philippine Program Against Child Labor

The Philippine Program Against Child Labor (PPACL) Is the founded from the
National Program Against Child Labor (NPACL) framework. Led by the
Department of Labor and Employment, the latter framework was established
for the period 2001-2004 to combat child labor. The program partners used it
as a way to unify the goals, missions, visions, and other points needed of the
Programs to be established. When the period ended, the National Child
Labor Committee added breadth to the framework by identifying new
objectives that would help sustain the environment NPACL fostered and
continue preventing the progressing situation of child labor in the Philippines.

In order to protect children and their rights, they proposed seven objectives
to influence action:

* Create a database system that upholds relevant Information on the
current events and news on child labor. This database system should be
remained updated, inviting stakeholders and program partners to
continually add significant studies and other resources.

+ Ensure the role of the PPACL in all of the different partnerships and
organizations geared to fight against child labor, This will help create a
more responsive National Child Labor Committee.

+ Engage the committee by creating awareness of the prevalent child
labor issue through encouraging them to participate in the advocacies
and other programs established for them,

+ Encourage social workers and other entitled workers fo participate in the
programs to add more quality and authenticity.

* Provide opportunities for children in order to avoid the continuance of
child labor while protecting their rights as children.

* Conventionalize the initiatives against child labor to ensure success and
better implementation of laws and policies.

+ Establish programs within laws and policies attributed and associated to
child labor in order to proceed to a more national level, wherein all cities
and provinces will be able to access the programs and initiatives.

Child Labor Prevention and Elimination Program

For further progression in child labor elimination, DOLE established a program
called Child Labor Prevention and Elimination Program, To be consistent with
the PPACL framework, the objectives of the programs was founded on the
framework to promote consistency and efficiency in combating child labor.
lis five initiatives are as follows:


The Child Labor Knowledge Sharing System was created with updated

information and resources contributed by 300 and counting users.

+ The partnerships were strengthened through restructuring the National
Child Labor Committee and its sub-committees, and creating the Sagip
Batang Manggagawa Quick Action Team and other initiatives to focus on
strengthening the regional committees.

+ They provided authentic and effective service through projects such as
Kabuhayan para sa Magulang ng Batang Manggagawa [KASAMA]
Project, Project Angel Tree, Eliminating Child Labor in the Tobacco Industry
(ECLTI) Project, and Integrated Services for Migratory Sugar Workers [I-
SERVE SACADAS) Project.

+ They strengthened campaigns and intensified implemented projects to
promote the normalization of a child labor-free environment.

+ Guided by the laws and policies enforced, the programs aided in working

through the cases and provided legal actions such as creating the

Working Child's Permit and closing establishments that promote child

labor.

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.

this.

Thus, the early passa: is earnestly requested.

. ROMERO Ph.D


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 6295

Introduced by REP. 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 AND ENHANCE THEIR
OPPORTUNITIES FOR A USEFUL AND HAPPY LIFE, TO PROMOTE
THE BEST INTERESTS OF CHILDREN THAT ARE PARAMOUNT
CONSIDERATION IN ALL ACTIONS CONCERNING THEM WHETHER
UNDERTAKEN BY PUBLIC OR PRIVATE SOCIAL WELFARE
INSTITUTIONS, COURTS OF LAW, ADMINISTRATIVE AUTHORITIES,
AND LEGISLATIVE BODIES, 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 trom 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 cary 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 One hundred
thousand pesos (100,000.00) bu! not more than Four hundred
thousand pesos (400,000.00) 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 Two hundred thousand pesos
(P 200,000.00) but not more than One million pesos (P'1,000,000,00), 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.

“¢) 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 penaity 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) Ita 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.

“t) Patents, biological or by legal fiction, and legal guardians found to
be violating Sections 12, 12-4, 12-8 and 12-C of this Act shall pay a fine
of not less than One hundred thousand pesos (P100,000.00) but not
more than Three hundred thousand pesos (P300,000.00), or be required
fo 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 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 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 ore hereby repealed or modified accordingly.

SECTION 6. SEPARABILITY CLAUSE — |f, 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 atter 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,