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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

HBNo.__379

Introduced by Rep. Roseller L. Barinaga

EXPLANATORY NOTE

Section 18, Article IIT of the 1987 Philippine Constitution provides that “No invofuntary
servitude in any form shall exist except as a punishment for a crime whereof the party shall have
been duly convicted.”

‘The above constitutional provision has been substantiated by Articles 272 and 274 of the Revised
Penal Code which provide corresponding penalties.

Despite the fact that involuntary servitude is prohibited by law, there apparently is a growing
number of cases recorded which clearly transgress the dictum of existing legal provisions. Many
Tights defenders and women and children rights advocates attribute the growing problem to
factors to include among others ignorance of the law and the lack of concrete mechanism
wherein the complainant can lodge complaints and find redress to hishher grievances.

This bill, therefore, attempts to establish a mechanism to stop the prevaiting involuntary
servitude especially among our women and children.

In viey

thereof, immediate passage of this bill is earnestly sought.

ROSELLER L. BARINAGA
Representative, 2™ District
Zamboanga del Norte



THIRTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
uBNo.__379

Introduced by Rep. Reseller L. Barinaga

AN ACT
PENALIZING THE WILLFUL ACT OF CAUSING FORCE OR INTIMIDATION OR
HARRASSMENT OR INSENUATION OR ANY SORT OF PROPOSAL TO COMPEL
AND CONVINCE ANY PERSON UNDER ONE’S CHARGE TO RENDER SERVICES
IN PAYMENT OF DEBTS, PROVIDING STIFFER PENALTIES THEREFOR AND FOR.
OTHER PURPOSES

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

SECTION 1. Title. This act shall be known as the “Household Services Protection Act of
2004.”

SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to guarantee
the protection of the rights of people and the promotion of their welfare. Toward this end, no
involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.

SEC. 3. Coverage. This Act shall cover all public and private employees in agricultural
and non-agricultural sectors.

SEC. 4. Prohibition. Any person is hereby prohibited from willfully causing force or
intimidation or harassment or insenuation or any sort of proposal to compel and convince any
person under one’s charge to render services in payment of debts personally incurred by said
person or his/her kin or any person or agency who has taken custody over the employee.

SEC. 5. Report. The Department of Social Welfare and Development through its offices
in the local government units is hereby mandated to assist any person whose rights have been
found to be violated under the provision of this Act.


‘The complainant through the assistance of the local office of the DSWD in the area shall
forward hi/her formal complaint in the nearest barangay office where he/she lodge his/her
testimony.

After the Xatarungang Fambarangay will have found prima facte evidence to warrant
the filing of a case against the employer, the local DSWD in the area shall assist the employee in
the process of attaining justice.

SEC. 6. Confidentiality. For the protection and welfare of the complainant, al! agencies
of government concerned in the case shall hold documents related to the case with all
confidentiality. Divulging any information related to the case to anybody not the complainant
shall be accorded accessory to the commission of the violation.

SEC. 7. Penalties. (a) Pursuant to the provision of Article 274 of the Revised Penal
Code, as amended, the penalty of arresto mayor in its maximum period to prision correccional
in its minimum period shall be imposed upon any person who, in order to require or enforce the
payment of debt, shall compel the debtor to work for him/her or his/her company, without any
due compensation, against the debtor’s will.

In additional, the violator shall be imposed upon conviction a payment not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00).

(b) Any person or group of persons, whether a relative or a kin who willfully force,
intimidation, influence and engage a child under 16 years of age into involuntary servitude shall
suffer the same penalty for those under paragraph (a) herein and shall be stripped of the right to
custody of the child.

(c) If the person who is found guilty of violating the provision in this Act is a public
employee or official, he/she shall suffer the same penalty as provided for in paragraph (a). In
addition he/she shall be disqualified to hold any government office with special provision that
disqualifies him/her to receive any of the benefits related to his/her employment in government.

(d) If the violator is an institution or company or entity, the penalty ranging from
suspension of license to permanent banning and a fine of Fifty thousand pesos (P50,000.00) shall
be imposed.

SEC. 8. Jmplementing rules and regulations. The DOLE shall promulgate the necessary
rules and regulations for the effective implementation of this Act.

SEC. 9. Separability Clause. If any provision of this Act is held invalid, any other
provision not so affected shall continue to be valid and effective.

SEC. 10. Repealing Clause. Republic Act No. 6727, otherwise known as the Wage
Rationalization Act is hereby repealed.


Any other law, presidential decree, executive order, and letter of instruction, or any part

thereof which is inconsistent with any of the provisions of this Act is hereby repealed or
amended accordingly.

SEC. 11. Efectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette of in at least two (2) national newspaper of general circulation.

Approved.