SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) "18 MAY -8 P350
Second Regular Session )
RECE
SENATE
S.B. NO. 1'797

Introduced by Senator JOEL VILLANUEVA

AN ACT AMENDING SECTIONS 16 (A) AND 16 (B) OF REPUBLIC
ACT NO. 9231, OTHERWISE KNOWN AS "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 ACT NO. 7610,
AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL
PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT"

EXPLANATORY NOTE

Every Filipino child has the right to be protected from economic exploitation
and from performing any work that is likely to be hazardous or to interfere with his or
her education, or to be harmful to his or her health or physical, mental, spiritual,
moral or social development (Article 32 of Convention on the Rights of the Child)

Regrettably, the results of the 2011 Survey on Children conducted by the
Philippine Statistics Authority (PSA) showed that an estimated 2.1 million Filipino
children 5 to 17 years of age are engaged in child labor. Worse, those in hazardous
child labor was estimated at 2.0 million or 97.7 percent’

The aforesaid study also revealed that across regions, Central Luzon (10.5%)
and Bicol Region (10.4%) had the largest share of the country’s child labor
population. Large shares were also observed in Northern Mindanao (8.5%),
CALABARZON (8.3%) and Western Visayas (8.2%)*

* hups://psa.gov.ph/contentestimated-number-working-children-S-17-years-old-who-worked-during-past-week:
was-33-million accessed on April 13, 2018
ibid



Republic Act No. 9231 otherwise known as “An Act Providing the Elimination
of the Worst Forms of Child Labor and Affording Stronger Protection for the Working
Child, Amending for this Purpose Republic Act No. 7610, as Amended Otherwise
Known as the “Special Protection of Children Against Child Abuse, Exploration and
Discrimination Act” provides for the prohibition against worst forms of child labor and
punishes employers for such practices namely: (a) all forms of slavery, as defined
under the "Anti-trafficking in Persons Act of 2003"; (b) the use, procuring, offering or
exposing of a child for prostitution, for the production of pornography or for
pornographic performances; (c) the use, procuring or offering of a child for illegal or
illicit activities; and (d) 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,

Fifteen years have passed since the enactment of RA 9231 in 2003 but child
labor remains prevalent in the country. Clearly, this situation shows that the penalties
presently imposed are not sufficient to deter the continued illegal employment of
children.

Hence, this proposed measure seeks to provide greater penalties for
violations of RA 9231 by imposing both imprisonment and fine for every instance that
a child is engaged in employment other than in the instances permitted by law. The
bill also proposes to raise the fines imposed on employers who continue to engage
in illegal child labor practices

The Philippine Development Plan (PDP) 2017-2022 aims to reduce cases of
child labor by 30 percent by the end of 2022°. Thus, for the period 2017-2022, the
goal is to withdraw at least 630,000 children from child labor (DOLE Administrative
Order No. 142 series of 2018).

This proposed measure can help make this goal a reality, bring home child
laborers and make their rights happen. For these reasons, the passage of this bill is
most urgently sought

SENATOR JO#L VILLANUEVA

* hutp:/swww.ned
13, 2018

v.plvwp-content/uploads/2017/12/Abridged-PDP-2017-2022_Final.pdf accessed on April



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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES —_) 18 MAY -8
Second Regular Session )
SENATE *
s.B.NO.1797

Introduced by Senator JOEL VILLANUEVA

AN ACT AMENDING SECTIONS 16 (A) AND 16 (B) OF REPUBLIC ACT
NO. 9231, OTHERWISE KNOWN AS "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 ACT NO. 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 House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Section 16 of Republic Act No. 9231 otherwise known as "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 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. 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 for] AND a fine of [Fifty thousand
(Php50,000.00) but not more than Three hundred thousand pesos
(Php300,000.00)} NOT LESS THAN ONE HUNDRED AND FIFTY
THOUSAND PESOS (Php150,000.00) {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 (Php 100,000.00)
but not more than One million pesos (Php1,000,000.00)] THREE



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HUNDRED THOUSAND PESOS — (Php300,000.000) AND
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]

SEC. 2. Implementing Agency. ~ The Department of Labor and
Employment (DOLE) shall promulgate rules and regulations to implement the
provisions of this Act.

SEC. 3. Repealing Clause. — All laws, decrees, executive orders,
rules, regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly

SEC. 4. Separability Clause. - If, for any reason, any section or
provision of this bill is declared unconstitutional or invalid, other sections or
provisions hereof shall remain in force.

SEC. 5. Effectivity. This Act shall take effect fifteen days after
Publication in a newspaper of general circulation

Approved,