Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Third Regular Session Begun and

held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three. Republic Act No. 9231 ece!ber 19" 2##3 AN ACT PR$%& &N' ($R T)* *+&,&NAT&$N $( T)* -$RST ($R,S $( C)&+ +A.$R AN A(($R &N' STR$N'*R PR$T*CT&$N ($R T)* -$R/&N' C)&+ " A,*N &N' ($R T)&S P0RP$S* R*P0.+&C ACTN$. 121#" AS A,*N * " $T)*R-&S* /N$-N AS T)* 3SP*C&A+ PR$T*CT&$N $( C)&+ R*N A'A&NST C)&+ A.0S*" *4P+$&TAT&$N AN &SCR&,&NAT&$N ACT3 Be it enacted by the Senate and the House of Representatives of the Philippines in ongress asse!bled" Section 1. Section # of Republic $ct %o. &'(), as a!ended, otherwise *nown as the +Special Protection of hildren $gainst hild $buse, ,-ploitation and .iscri!ination $ct+, is hereby a!ended to read as follows" +Sec. #. .eclaration of State Policy and Principles. - /t is hereby declared to be the policy of the State to provide special protection to children fro! all for!s of abuse, neglect, cruelty, e-ploitation and discri!ination, and other conditions pre0udicial to their develop!ent including child labor and its worst for!s1 provide sanctions for their co!!ission and carry out a progra! for prevention and deterrence of and crisis intervention in situations of child abuse, e-ploitation and discri!ination. 2he 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, e-ploitation and discri!ination or when such acts against the child are co!!itted by the said parent, guardian, teacher or person having care and custody of the sa!e. +/t shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circu!stances which affect or will affect their survival and nor!al develop!ent and over which they have no control. +2he best interests of children shall be the para!ount consideration in all actions concerning the!, whether underta*en by public or private social welfare institutions, courts of law, ad!inistrative authorities, and legislative bodies, consistent with the principle of 3irst all for hildren as enunciated in the 4nited %ations onvention on the Rights of the hild. ,very effort shall be e-erted to pro!ote the welfare of children and enhance their opportunities for a useful and happy life.+ Section 2. Section (# of the sa!e $ct, as a!ended, is hereby further a!ended to read as follows" +Sec. #. ,!ploy!ent of hildren - hildren below fifteen 5(67 years of age shall not be e!ployed e-cept" +(7 8hen a child wor*s directly under the sole responsibility of his9her parents or legal guardian and where only !e!bers of his9her fa!ily are e!ployed" Provided, however, 2hat his9her e!ploy!ent neither endangers his9her life, safety, health, and !orals, nor i!pairs his9her nor!al develop!ent"Provided, further, 2hat the parent or legal guardian shall provide the said child with the prescribed pri!ary and9or secondary education1 or

+#7 8here a child:s e!ploy!ent or participation in public entertain!ent or infor!ation through cine!a, theater, radio, television or other for!s of !edia is essential" Provided, 2hat the e!ploy!ent contract is concluded by the child:s parents or legal guardian, with the e-press agree!ent of the child concerned, if possible, and the approval of the .epart!ent of ;abor and ,!ploy!ent" Provided, further, 2hat the following re<uire!ents in all instances are strictly co!plied with" +5a7 2he e!ployer shall ensure the protection, health, safety, !orals and nor!al develop!ent of the child1 +5b7 2he e!ployer shall institute !easures to prevent the child:s e-ploitation or discri!ination ta*ing into account the syste! and level of re!uneration, and the duration and arrange!ent of wor*ing ti!e1 and +5c7 2he e!ployer shall for!ulate and i!ple!ent, sub0ect to the approval and supervision of co!petent authorities, a continuing progra! for training and s*ills ac<uisition of the child. +/n the above-e-ceptional cases where any such child !ay be e!ployed, the e!ployer shall first secure, before engaging such child, a wor* per!it fro! the .epart!ent of ;abor and ,!ploy!ent which shall ensure observance of the above re<uire!ents. +3or purposes of this $rticle, the ter! +child+ shall apply to all persons under eighteen 5(=7 years of age.+ Section 3. 2he sa!e $ct, as a!ended, is hereby further a!ended by adding new sections to be deno!inated as Sections (#-$, (#-B, (#- , and (#-. to read as follows" +Sec. #-$. Hours of 8or* of a 8or*ing hild. - 4nder the e-ceptions provided in Section (# of this $ct, as a!ended"

+5(7 $ child below fifteen 5(67 years of age !ay be allowed to wor* for not !ore than twenty 5#)7 hours a wee*" Provided, 2hat the wor* shall not be !ore than four 5>7 hours at any given day1 +5#7 $ child fifteen 5(67 years of age but below eighteen 5(=7 shall not be allowed to wor* for !ore than eight 5=7 hours a day, and in no case beyond forty 5>)7 hours a wee*1 +5?7 %o child below fifteen 5(67 years of age shall be allowed to wor* between eight o:cloc* in the evening and si- o:cloc* in the !orning of the following day and no child fifteen 5(67 years of age but below eighteen 5(=7 shall be allowed to wor* between ten o:cloc* in the evening and si- o:cloc* in the !orning of the following day.+ +Sec. (#-B. @wnership, 4sage and $d!inistration of the 8or*ing hild:s /nco!e. - 2he wages, salaries, earnings and other inco!e of the wor*ing child shall belong to hi!9her in ownership and shall be set aside pri!arily for his9her support, education or s*ills ac<uisition and secondarily to the collective needs of the fa!ily" Provided, 2hat not !ore than twenty percent 5#)A7 of the child:s inco!e !ay be used for the collective needs of the fa!ily. +2he inco!e of the wor*ing child and9or the property ac<uired through the wor* of the child shall be ad!inistered by both parents. /n the absence or incapacity of either of the parents, the other parent shall ad!inister the sa!e. /n case both parents are absent or incapacitated, the order of preference on parental authority as provided for under the 3a!ily ode shall apply. +Sec. (#- . 2rust 3und to Preserve Part of the 8or*ing hild:s /nco!e. - 2he parent or legal guardian of a wor*ing child below eighteen 5(=7 years of age shall set up a trust fund for at least thirty percent 5?)A7 of the earnings of the child whose

wages and salaries fro! wor* and other inco!e a!ount to at least two hundred thousand pesos 5P#)),))).))7 annually, for which he9she shall render a se!i-annual accounting of the fund to the .epart!ent of ;abor and ,!ploy!ent, in co!pliance with the provisions of this $ct. 2he child shall have full control over the trust fund upon reaching the age of !a0ority. +Sec. (#-.. Prohibition $gainst 8orst 3or!s of hild ;abor. %o child shall be engaged in the worst for!s of child labor. 2he phrase +worst for!s of child labor+ shall refer to any of the following" +5(7 $ll for!s of slavery, as defined under the +$ntitraffic*ing in Persons $ct of #))?+, or practices si!ilar to slavery such as sale and traffic*ing of children, debt bondage and serfdo! and forced or co!pulsory labor, including recruit!ent of children for use in ar!ed conflict1 or +5#7 2he use, procuring, offering or e-posing of a child for prostitution, for the production of pornography or for pornographic perfor!ances1 or +5?7 2he use, procuring or offering of a child for illegal or illicit activities, including the production and traffic*ing of dangerous drugs and volatile substances prohibited under e-isting laws1 or +5>7 8or* which, by its nature or the circu!stances in which it is carried out, is haBardous or li*ely to be har!ful to the health, safety or !orals of children, such that it" +a7 .ebases, degrades or de!eans the intrinsic worth and dignity of a child as a hu!an being1 or +b7 ,-poses the child to physical, e!otional or se-ual abuse, or is found to be highly stressful psychologically or !ay pre0udice !orals1 or

+c7 /s perfor!ed underground, underwater or at dangerous heights1 or +d7 /nvolves the use of dangerous !achinery, e<uip!ent and tools such as power-driven or e-plosive power-actuated tools1 or +e7 ,-poses the child to physical danger such as, but not li!ited to the dangerous feats of balancing, physical strength or contortion, or which re<uires the !anual transport of heavy loads1 or +f7 /s perfor!ed in an unhealthy environ!ent e-posing the child to haBardous wor*ing conditions, ele!ents, substances, co-agents or processes involving ioniBing, radiation, fire, fla!!able substances, no-ious co!ponents and the li*e, or to e-tre!e te!peratures, noise levels, or vibrations1 or +g7 /s perfor!ed under particularly difficult conditions1 or +h7 ,-poses the child to biological agents such as bacteria, fungi, viruses, protoBoans, ne!atodes and other parasites1 or +i7 /nvolves the !anufacture or handling of e-plosives and other pyrotechnic products.+ Section 5. Section (? of the sa!e $ct is hereby a!ended to read as follows" +Sec. (?. $ccess to ,ducation and 2raining for 8or*ing hildren - +a7 %o child shall be deprived of for!al or nonfor!al education. /n all cases of e!ploy!ent allowed in this $ct, the e!ployer shall provide a wor*ing child with access to at least pri!ary and secondary education. +b7 2o ensure and guarantee the access of the wor*ing child to education and training, the .epart!ent of ,ducation 5.,P,.7 shall" 5(7 for!ulate, pro!ulgate, and i!ple!ent relevant and

effective course designs and educational progra!s1 5#7 conduct the necessary training for the i!ple!entation of the appropriate curriculu! for the purpose1 5?7 ensure the availability of the needed educational facilities and !aterials1 and 5>7 conduct continuing research and develop!ent progra! for the necessary and relevant alternative education of the wor*ing child. +c7 2he .,P,. shall pro!ulgate a course design under its nonfor!al education progra! ai!ed at pro!oting the intellectual, !oral and vocational efficiency of wor*ing children who have not undergone or finished ele!entary or secondary education. Such course design shall integrate the learning process dee!ed !ost effective under given circu!stances.+ Section 6. Section (> of the sa!e $ct is hereby a!ended to read as follows" +Sec. (>. Prohibition on the ,!ploy!ent of hildren in ertain $dvertise!ents. - %o child shall be e!ployed as a !odel in any advertise!ent directly or indirectly pro!oting alcoholic beverages, into-icating drin*s, tobacco and its byproducts, ga!bling or any for! of violence or pornography.+ Section 2. Section (' of the sa!e $ct, is hereby a!ended to read as follows" +Sec. ('. Penal Provisions +a7 $ny e!ployer who violates Sections (#, (#-$, and Section (> of this act, as a!ended, shall be penaliBed by i!prison!ent of si- 5'7 !onths and one 5(7 day to si- 5'7 years or a fine of not less than 3ifty thousand pesos 5P6),))).))7 but not !ore than 2hree hundred thousand pesos 5P?)),))).))7 or both at the discretion of the court. +b7 $ny person who violates the provision of Section (#-. of this act or the e!ployer of the subcontractor who e!ploys, or the one who facilitates the e!ploy!ent of a child in haBardous

wor*, shall suffer the penalty of a fine of not less than @ne hundred thousand pesos 5P()),))).))7 but not !ore than @ne !illion pesos 5P(,))),))).))7, or i!prison!ent of not less than twelve 5(#7 years and one 5(7 day to twenty 5#)7 years, or both such fine and i!prison!ent at the discretion of the court. +c7 $ny person who violates Sections (#-.5(7 and (#-.5#7 shall be prosecuted and penaliBed in accordance with the penalty provided for by R. $. C#)= otherwise *nown as the +$nti-traffic*ing in Persons $ct of #))?+"Provided, 2hat Such penalty shall be i!posed in its !a-i!u! period. +d7 $ny person who violates Section (#-. 5?7 shall be prosecuted and penaliBed in accordance with R.$. C('6, otherwise *nown as the + o!prehensive .angerous .rugs $ct of #))#+1 Provided, 2hat such penalty shall be i!posed in its !a-i!u! period. +e7 /f a corporation co!!its any of the violations aforecited, the board of directors9trustees and officers, which include the president, treasurer and secretary of the said corporation who participated in or *nowingly allowed the violation, shall be penaliBed accordingly as provided for under this Section. +f7 Parents, biological or by legal fiction, and legal guardians found to be violating Sections (#, (#-$, (#-B and (#- of this $ct shall pay a fine of not less than 2en thousand pesos 5P(),))).))7 but not !ore than @ne hundred thousand pesos 5P()),))).))7, or be re<uired to render co!!unity service for not less than thirty 5?)7 days but not !ore than one 5(7 year, or both such fine and co!!unity service at the discretion of the court" Provided, 2hat the !a-i!u! length of co!!unity service shall be i!posed on parents or legal guardians who have violated the provisions of this $ct three 5?7 ti!es1 Provided, further, 2hat in addition to the co!!unity

service, the penalty of i!prison!ent of thirty 5?)7 days but not !ore than one 5(7 year or both at the discretion of the court, shall be i!posed on the parents or legal guardians who have violated the provisions of this $ct !ore than three 5?7 ti!es. +g7 2he Secretary, of ;abor and ,!ploy!ent or his9her duly authoriBed representative !ay, after due notice and hearing, order the closure of any business fir! or establish!ent found to have violated any of the provisions of this $ct !ore than three 5?7 ti!es. He9she shall li*ewise order the i!!ediate closure of such fir! or establish!ent if" +5(7 2he violation of any provision of this $ct has resulted in the death, insanity or serious physical in0ury of a child e!ployed in such establish!ent1 or +5#7 Such fir! or establish!ent is engaged or e!ployed in prostitution or in obscene or lewd shows. +h7 /n case of such closure, the e!ployer shall be re<uired to pay the e!ployee5s7 the separation pay and other !onetary benefits provided for by law.+ Section 1. 2he sa!e $ct is hereby further a!ended by adding a new section to be deno!inated as Section ('-$, to read as follows" +Sec. ('-$. 2rust 3und fro! 3ines and Penalties - 2he fine i!posed by the court shall be treated as a 2rust 3und, ad!inistered by the .epart!ent of ;abor and ,!ploy!ent and disbursed e-clusively for the needs, including the costs of rehabilitation and reintegration into the !ainstrea! of society of the wor*ing children who are victi!s of the violations of this $ct, and for the progra!s and pro0ects that will prevent acts of child labor.+ Section 7. Section #& of the sa!e $ct is hereby a!ended to read as follows"

+Sec. #&. 8ho May 3ile a o!plaint - o!plaints on cases of unlawful acts co!!itted against children as enu!erated herein !ay be filed by the following" +5a7 @ffended party1 +5b7 Parents or guardians1 +5c7 $scendant or collateral relative within the third degree of consanguinity1 +5d7 @fficer, social wor*er or representative of a licensed child-caring institution1 +5e7 @fficer or social wor*er of the .epart!ent of Social 8elfare and .evelop!ent1 +5f7 Barangay chair!an of the place where the violation occurred, where the child is residing or e!ployed1 or +5g7 $t least three 5?7 concerned, responsible citiBens where the violation occurred.+ Section 9. 2he sa!e $ct is hereby further a!ended by adding new sections to Section (' to be deno!inated as Sections ('-$, ('-B and ('- to read as follows" +Sec. ('-$. Jurisdiction - 2he fa!ily courts shall have original 0urisdiction over all cases involving offenses punishable under this $ct" Provided, 2hat in cities or provinces where there are no fa!ily courts yet, the regional trial courts and the !unicipal trial courts shall have concurrent 0urisdiction depending on the penalties prescribed for the offense charged. +2he preli!inary investigation of cases filed under this $ct shall be ter!inated within a period of thirty 5?)7 days fro! the date of filing. +/f the preli!inary investigation establishes a pri!a facie case, then the corresponding infor!ation shall be filed in court within forty eight 5>=7 hours fro! the ter!ination of the investigation.

+2rial of cases under this $ct shall be ter!inated by the court not later than ninety 5C)7 days fro! the date of filing of infor!ation. .ecision on said cases shall be rendered within a period of fifteen 5(67 days fro! the date of sub!ission of the case. +Sec. (6. ,-e!ptions fro! 3iling 3ees. - 8hen the victi! of child labor institutes a separate civil action for the recovery of civil da!ages, he9she shall be e-e!pt fro! pay!ent of filing fees. +Sec. ('- . $ccess to /!!ediate ;egal, Medical and PsychoSocial Services - 2he wor*ing child shall have the right to free legal, !edical and psycho-social services to be provided by the State.+ Section 1#. /!ple!enting Rules and Regulations - 2he Secretary of ;abor and ,!ploy!ent, in coordination with the o!!ittees on ;abor and ,!ploy!ent of both Houses of ongress, shall issue the necessary /!ple!enting Rules and Regulations 5/RR7 to effectively i!ple!ent the provisions of this $ct, in consultation with concerned public and private sectors, within si-ty 5')7 days fro! the effectivity of this $ct. Such rules and regulations shall ta*e effect upon their publication in two 5#7 national newspapers of general circulation. Section 11. Separability lause. - /f any provision of this $ct is declared invalid or unconstitutional, the validity of the re!aining provisions hereof shall re!ain in full force and effect. Section 12. Repealing lause. - $ll laws, decrees, or rules inconsistent with the provisions of this $ct are hereby repealed or !odified accordingly. Section 13. ,ffectivity. - 2his $ct shall ta*e effect fifteen 5(67 days fro! the date of its co!plete publication in the@fficial DaBette or in at least two 5#7 national newspapers of general circulation.

$pproved, (RAN/+&N R&+$N President of Senate

8$S* * %*N*C&A 8R. the Spea*er of the House of Representatives

2his $ct which is a consolidation of Senate Bill %o. #(66 and House Bill %o. >#?6 was finally passed by the Senate and the House of Representatives on @ctober (>, #))? and @ctober (?, #))?, respectively. $SCAR '. 9A.*S R$.*RT$ P. Secretary of Senate NA:AR*N$ Secretary Deneral House of Represenatives $pproved" .ece!ber (C, #))? '+$R&A President of the Philippines ,ACAPA'A+;ARR$9$