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 December 19, 2003

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 ACTNO.
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 the House of Representatives of the Philippines in

Congress assembled:

Section 1. Section 2 of 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. 2. Declaration of State Policy and Principles. - It is hereby declared to be

the policy of the State to provide special protection to children from 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 carry 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.

"It shall be the policy of the State 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.

"The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
 institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention on the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life."

Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as
follows:

"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall
not be employed except:

"1) When a child works directly under the sole responsibility of his/her
parents or legal guardian and where only members of his/her family are
employed: Provided, however, That his/her employment neither endangers
his/her life, safety, health, and morals, nor impairs his/her normal
development: Provided, further, That the parent or legal guardian shall
provide the said child with the prescribed primary and/or secondary
education; or

"2) Where a child's employment or participation in public entertainment or

information through cinema, theater, radio, television or other forms of
media is essential: Provided, That the employment contract is concluded
by the child's parents or legal guardian, with the express agreement of the
child concerned, if possible, and the approval of the Department of Labor
and Employment: Provided, further, That the following requirements in
all instances are strictly complied with:

"(a) The employer shall ensure the protection, health, safety,

morals and normal development of the child;

"(b) The employer shall institute measures to prevent the child's

exploitation or discrimination taking into account the system and
level of remuneration, and the duration and arrangement of
working time; and

"(c) The employer shall formulate and implement, subject to the

approval and supervision of competent authorities, a continuing
program for training and skills acquisition of the child.

"In the above-exceptional cases where any such child may be employed,
the employer shall first secure, before engaging such child, a work permit
from the Department of Labor and Employment which shall ensure
observance of the above requirements.
 "For purposes of this Article, the term "child" shall apply to all persons
under eighteen (18) years of age."

Section 3. The same Act, as amended, is hereby further amended by adding new sections
to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows:

"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in
Section 12 of this Act, as amended:

"(1) A child below fifteen (15) years of age may be allowed to work for not more
than twenty (20) hours a week: Provided, That the work shall not be more than
four (4) hours at any given day;

"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed
to work for more than eight (8) hours a day, and in no case beyond forty (40)
hours a week;

"(3) No child below fifteen (15) years of age shall be allowed to work between
eight o'clock in the evening and six o'clock in the morning of the following day
and no child fifteen (15) years of age but below eighteen (18) shall be allowed to
work between ten o'clock in the evening and six o'clock in the morning of the
following day."

"Sec. 12-B. Ownership, Usage and Administration of the Working Child's

Income. - The wages, salaries, earnings and other income of the working child
shall belong to him/her in ownership and shall be set aside primarily for his/her
support, education or skills acquisition and secondarily to the collective needs of
the family: Provided, That not more than twenty percent (20%) of the child's
income may be used for the collective needs of the family.

"The income of the working child and/or the property acquired through the work
of the child shall be administered by both parents. In the absence or incapacity of
either of the parents, the other parent shall administer the same. In case both
parents are absent or incapacitated, the order of preference on parental authority
as provided for under the Family Code shall apply.

"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The
parent or legal guardian of a working child below eighteen (18) years of age shall
set up a trust fund for at least thirty percent (30%) of the earnings of the child
whose wages and salaries from work and other income amount to at least two
hundred thousand pesos (P200,000.00) annually, for which he/she shall render a
semi-annual accounting of the fund to the Department of Labor and Employment,
in compliance with the provisions of this Act. The child shall have full control
over the trust fund upon reaching the age of majority.
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be
engaged in the worst forms of child labor. The phrase "worst forms of child labor"
shall refer to any of the following:

"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons

Act of 2003", or practices similar to slavery such as sale and trafficking of
children, debt bondage and serfdom and forced or compulsory labor,
including recruitment of children for use in armed conflict; or

"(2) The use, procuring, offering or exposing of a child for prostitution, for
the production of pornography or for pornographic performances; or

"(3) The use, procuring or offering of a child for illegal or illicit activities,
including the production and trafficking of dangerous drugs and volatile
substances prohibited under existing laws; or

"(4) 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, such that it:

"a) Debases, degrades or demeans the intrinsic worth and dignity

of a child as a human being; or

"b) Exposes the child to physical, emotional or sexual abuse, or is

found to be highly stressful psychologically or may prejudice
morals; or

"c) Is performed underground, underwater or at dangerous heights;

or

"d) Involves the use of dangerous machinery, equipment and tools

such as power-driven or explosive power-actuated tools; or

"e) Exposes the child to physical danger such as, but not limited to
the dangerous feats of balancing, physical strength or contortion,
or which requires the manual transport of heavy loads; or

"f) Is performed in an unhealthy environment exposing the child to

hazardous working conditions, elements, substances, co-agents or
processes involving ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme temperatures,
noise levels, or vibrations; or

"g) Is performed under particularly difficult conditions; or

 "h) Exposes the child to biological agents such as bacteria, fungi,
viruses, protozoans, nematodes and other parasites; or

"i) Involves the manufacture or handling of explosives and other

pyrotechnic products."

Section 4. Section 13 of the same Act is hereby amended to read as follows:

"Sec. 13. Access to Education and Training for Working Children - "a) No child
shall be deprived of formal or non-formal education. In all cases of employment
allowed in this Act, the employer shall provide a working child with access to at
least primary and secondary education.

"b) To ensure and guarantee the access of the working child to education and
training, the Department of Education (DEPED) shall: (1) formulate, promulgate,
and implement relevant and effective course designs and educational programs;
(2) conduct the necessary training for the implementation of the appropriate
curriculum for the purpose; (3) ensure the availability of the needed educational
facilities and materials; and (4) conduct continuing research and development
program for the necessary and relevant alternative education of the working child.

"c) The DEPED shall promulgate a course design under its non-formal education
program aimed at promoting the intellectual, moral and vocational efficiency of
working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most
effective under given circumstances."

Section 5. Section 14 of the same Act is hereby amended to read as follows:

"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. -

No child shall be employed as a model in any advertisement directly or indirectly
promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography."

Section 6. Section 16 of the same 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 or a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than Three hundred thousand pesos (P300,000.00) 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 (P100,000.00) but not more than One
million pesos (P1,000,000.00), 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.

"c) 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 penalty 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) If a 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.

"f) Parents, biological or by legal fiction, and legal guardians found to be

violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less
than Ten thousand pesos (P10,000.00) but not more than One hundred thousand
pesos (P100,000.00), or be required to render community service for not less than
thirty (30) days 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 thirty (30) days
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 7. The same Act is hereby further amended by adding a new section to be
denominated as Section 16-A, to read as follows:

"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court
shall be treated as a Trust Fund, administered by the Department of Labor and
Employment and disbursed exclusively for the needs, including the costs of
rehabilitation and reintegration into the mainstream of society of the working
children who are victims of the violations of this Act, and for the programs and
projects that will prevent acts of child labor."

Section 8. Section 27 of the same Act is hereby amended to read as follows:

"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts
committed against children as enumerated herein may be filed by the following:

"(a) Offended party;

"(b) Parents or guardians;

"(c) Ascendant or collateral relative within the third degree of

consanguinity;

"(d) Officer, social worker or representative of a licensed child-caring

institution;

"(e) Officer or social worker of the Department of Social Welfare and

Development;

"(f) Barangay chairman of the place where the violation occurred, where
the child is residing or employed; or

"(g) At least three (3) concerned, responsible citizens where the violation
occurred."

Section 9. The same Act is hereby further amended by adding new sections to Section 16
to be denominated as Sections 16-A, 16-B and 16-C to read as follows:

"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over
all cases involving offenses punishable under this Act: Provided, That in cities or
provinces where there are no family courts yet, the regional trial courts and the
municipal trial courts shall have concurrent jurisdiction depending on the
penalties prescribed for the offense charged.
 "The preliminary investigation of cases filed under this Act shall be terminated
within a period of thirty (30) days from the date of filing.

"If the preliminary investigation establishes a prima facie case, then the
corresponding information shall be filed in court within forty eight (48) hours
from the termination of the investigation.

"Trial of cases under this Act shall be terminated by the court not later than ninety
(90) days from the date of filing of information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of the
case.

"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes
a separate civil action for the recovery of civil damages, he/she shall be exempt
from payment of filing fees.

"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services -

The working child shall have the right to free legal, medical and psycho-social
services to be provided by the State."

Section 10. Implementing Rules and Regulations - The Secretary of Labor and
Employment, in coordination with the Committees on Labor and Employment of both
Houses of Congress, shall issue the necessary Implementing Rules and Regulations (IRR)
to effectively implement the provisions of this Act, in consultation with concerned public
and private sectors, within sixty (60) days from the effectivity of this Act.

Such rules and regulations shall take effect upon their publication in two (2)
national newspapers of general circulation.

Section 11. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the validity of the remaining provisions hereof shall remain in full force
and effect.

Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
 Representatives

This Act which is a consolidation of Senate Bill No. 2155 and House Bill No.
4235 was finally passed by the Senate and the House of Representatives on
October 14, 2003 and October 13, 2003, respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: December 19, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT
Manila
.
.
DEPARTMENT ORDER NO. 65-04
.
Rules and Regulations Implementing
Republic Act No. 9231, Amending R.A. 7610, as Amended
.
Pursuant to Section 10 of Republic Act No. 9231 (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), the following Implementing Rules and
Regulations are hereby promulgated:

Chapter 1 – Preliminary Provisions

SECTION 1. Coverage – These Rules shall cover all persons and entities engaging
the services of or employing children.

SECTION 2. Declaration of State Policy and Principles – The State shall provide
special protection to children from 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 carry
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 are committed by the said parent, guardian,
teacher or person having care and custody of the child.
The State shall also 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.
.
The best interest of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principles of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life.

SECTION 3. Definition of Terms – As used in these Rules, the term:

(a) “Child” refers to any person under 18 years of age.

(b) “Child labor” refers to any work or economic activity performed by a child that
subjects him/her to any form of exploitation or is harmful to his/her health and
safety or physical, mental or psychosocial development.

(c) “Working Child” refers to any child engaged as follows:

i. when the child is below eighteen (18) years of age, in work or economic activity
that is not child labor as defined in the immediately preceding sub-paragraph, and

ii. when the child below fifteen (15) years of age, (i) in work where he/she is directly
under the responsibility of his/her parents or legal guardian and where only
members of the child’s family are employed; or (ii)in public entertainment or
information.

(d) “Parent” refers to either the biological or adoptive mother or father.

(e) “Guardian” refers to any person who exercises substitute parental authority
regardless of whether or not such parental authority over a child is bestowed by a
court.

(f) “Members of the family” refers to the child’s parents, guardian, brothers or
sisters whether of full or half blood, and other ascendants and descendants or
collateral relatives within the fourth civil degree of consanguinity.

(g) “Employer” refers to any person, whether natural or juridical who, whether for
valuable consideration or not, directly or indirectly procures, uses, avails itself of,
contracts out or otherwise derives benefit from the work or services of a child in any
occupation, undertaking, project or activity, whether for profit or not. It includes
any person acting in the interest of the employer.

(h) “Department” refers to the Department of Labor and Employment.

(i) “Collective needs of the family” refer to such basic needs as food, shelter, light
and water, clothing, education, medical, transportation and other expenditure items
necessary for the survival of the family of the child.

(j) “Work permit” refers to the permit secured by the employer, parent or
guardian from the Department for any child below 15 years of age in any work
allowed under Republic Act No. 9231.

(k) “Hours of work” include (1) all time during which a child is required to be at a
prescribed workplace, and (2) all time during which a child is suffered or permitted
to work. Rest periods of short duration during working hours shall be counted as
hours worked.

(l) “Workplace” refers to the office, premises or worksite where a child is

temporarily or habitually assigned. Where there is no fixed or definite workplace,
the term shall include the place where the child actually performs work to render
service or to take an assignment, to include households employing children.

(m) “Public entertainment or information” refers to artistic, literary, and cultural

performances for television show, radio program, cinema or film, theater,
commercial advertisement, public relations activities or campaigns, print materials,
internet, and other media.

(n) “Formal education” refers to the institutionalized, hierarchically structured and

chronologically – guided educational system running from elementary to tertiary
levels.

(o) “Non-formal education” refers to any organized, systematic educational activity

conducted outside of the formal education system to provide selected type of
learning.

(p) “Alternative learning system” refers to a parallel and comparable learning

system which provides a viable alternative to the existing formal education system.

(q) “Forced labor and slavery” refers to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral ascendancy,
debt bondage or deception.
(r) “Child pornography” refers to any representation of a child engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a
child for primarily sexual purposes.

(s) “Recovery and reintegration” refers to various interventions and services that
facilitate the process of healing and eventual return of the child to the family and
community.

(t) “Normal development of the child” refers to the physical, emotional, mental, and
spiritual growth of a child within a safe and nurturing environment where he/she is
given adequate nourishment, care and protection and the opportunity to perform
tasks appropriate at each stage of development.

Chapter 2 – Prohibition on the Employment of Children

SECTION 4. General Prohibition – Except as otherwise provided in these Rules, no

child below 15 years of age shall be employed, permitted or suffered to work, in any
public or private establishment.

SECTION 5. Prohibition on the Employment of Children in Worst Forms of Child

Labor – No child shall be engaged in the worst forms of child labor. The phrase
“worst forms of child labor” shall refer to any of the following:

(a) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of
2003”, or practices similar to slavery such as sale and trafficking of children, debt
bondage and serfdom and forced or compulsory labor, including recruitment
children for use in armed conflict.

(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, including
the production or trafficking of dangerous drugs or volatile substances prohibited
under existing laws; or

(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, such
that it:

i. Debases, degrades or demeans the intrinsic worth and dignity of a child as a

human being; or

ii. Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or

iii. Is performed underground, underwater or at dangerous heights; or

iv. Involves the use of dangerous machinery, equipment and tools such as power-
driven or explosive power-actuated tools; or

v. Exposes the child to physical danger such as, but not limited to the dangerous
feats of balancing, physical strength or contortion, or which requires the manual
transport of heavy loads; or
.
vi. Is performed in an unhealthy environment exposing the child to hazardous
working conditions, elements, substances, co-agents or processes involving ionizing,
radiation, fire, flammable substances, noxious components and the like, or to
extreme temperatures, noise levels or vibrations; or

vii. Is performed under particularly difficult conditions; or

viii. Exposes the child to biological agents such as bacteria, fungi, viruses, protozoa,
nematodes and other parasites; or
ix. Involves the manufacture or handling of explosives and other pyrotechnic
products.
SECTION 6. Prohibition on the Employment of Children in Certain Advertisements
– No child below 18 years of age shall be employed as a model in any advertisement
directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco
and its byproducts, gambling or any form of violence or pornography.

Chapter 3 – Exceptions to the Prohibition

SECTION 7. Exceptions and Conditions – The following shall be the only

exceptions to the prohibition on the employment of a child below 15 year of age:

(a) When the child works under the sole responsibility of his/her parents or
guardian, provided that only members of the child’s family are employed.

(b) When the child’s employment or participation in public entertainment or

information is essential, regardless of the extent of the child’s role.

Such employment shall be strictly under the following conditions:

i. The total number of hours worked shall be in accordance with Section 15 of these
Rules;

ii. The employment does not endanger the child’s life, safety, health and morals,
nor impair the child’s normal development;

iii. The child is provided with at least the mandatory elementary or secondary
education; and

iv. The employer secures a work permit for the child in accordance with Section 8-
12 of these Rules.
 Chapter 4 – Requirements to Avail of Exception To Employment Prohibition

SECTION 8. Work Permit – Except as provided is Section 13, no child below 15

years of age shall be allowed to commence work without a work permit. An
employer must first secure a work permit from the Regional Office of the
Department having jurisdiction over the workplace of the child. In cases where the
work is done in more than one workplace falling under the jurisdiction of more than
one Regional Office, the application shall be made with the Regional Office having
jurisdiction over the principal office of the employer. However, at least two days
prior to the performance of the work, the employer shall inform the Regional Office
having jurisdiction over the workplace of the activities to be under taken involving
the child.

SECTION 9. Requirements for the Issuance of Work Permit – The employer shall
submit to the appropriate Regional Office the Following:

(a) A duly accomplished and verified application for work permit containing the
following information:
i. Terms and conditions of employment including hours of work, number of
working days, remuneration, and rest period, which shall be in accordance with
law;

ii. Measures to ensure the protection, health, safety, morals, and normal
development of the child, including but not limited to the following:

1. comfortable workplace and adequate quarters;

2. break or rest periods in comfortable day beds or couches;
3. clean and separate dressing rooms and toilet facilities for boys and girls;
4. provision for adequate meals and snacks and sanitary eating facility;
5. provision of all the necessary assistance to ensure the adequate and immediate
medical and dental attendance and treatment to an injured or sick child in case of
emergency.
(b) Except when the child is below seven years old,
i. Proof that the child is enrolled and regularly attending elementary or secondary
school classes, consisting of certificate of enrolment for the current year or current
school identification or report card; or

ii. If the child is not enrolled, a brief description of the program for education,
training and skills acquisition for the child, in accordance with Section 19 (b) of
these Rules.

(c) An authenticated copy of the child’s Birth Certificate or a Certificate of late

Registration of Birth issued by the NSO or the city/municipal registrar;

(d) A medical certificate issued by a licensed physician stating that he/she has
personally examined the child for whom a work permit is being secured, and that
the child is fit to undertake the work in which he/she is to be engaged. Such
certificate must bear in print the certifying physician’s full name and his/her license
number;

(e) Two passport size photographs of the child;

(f) When the employer is the parent, guardian, or a family member other than the
parent of the child, he/she shall present any valid document such as latest passport,
latest postal/company identification card, and driver’s license establishing his/her
identity. A legal guardian is likewise required to present a duly authenticated proof
of legal guardianship while a family member shall present any proof of relationship
to the child;

(g) When the employer is in public entertainment or information, he/she shall

submit a certified true copy of the employer’s business permit or certificate of
registration and a written employment contract to be approved by the Department.
An express agreement of the child to the provisions of the contract is needed when
such child is between seven and below 15 years of age.

SECTION 10. Application Fee – The employer shall pay an application fee of One
Hundred Philippine Pesos (P100.00) to cover administrative costs. This amount
may be reviewed and adjusted by the Secretary of Labor and Employment from
time to time subject to applicable regulations.

SECTION 11. Action on the Application – Within three working days from the
employer’s compliance with Section 8-10, the Regional Office shall require the
appearance of the child’s parent, guardian, or employer, or the child himself or
herself as may be appropriate, to validate the information indicated in the
application and to educate such parent, guardian, or employer, on child labor laws
and regulations.

The Regional Office, through the Regional Director, shall issue the work permit
within three days from compliance with all the foregoing requirements. Non-
compliance with the requirements shall automatically result in the denial of the
application. In such instances, the application shall be deemed not filed and the
Regional Office shall immediately return it to the applicant, indicating the
requirements that were not complied with.

SECTION 12. Validity of Work Permit – The work permit shall state the period of
its validity based on the employment contract of the application for work permit, as
the case may be. However, the period of validity shall in no case exceed one year.

SECTION 13. Employment of Spot Extras – In public entertainment or

information, the requirements for the issuance of work permit stated in Section 8-12
shall not be applicable to the employment of spot extras or those being cast outright
on the day of the filming or taping. Instead, the employer shall file a notice with the
Regional Office where the work is to be performed that it will undertake activities
involving child work. The notice shall be in the form prescribed by the Department
and shall state the approximate number of child workers to be employed, the date,
place and time the work is to be performed, and an undertaking that the
employment shall be in conformity with Republic Act No. 9231 and these Rules.

SECTION 14. Compliance with E-Commerce Law – The Department shall develop
systems to enable parties to comply, through electronic media, with the
documentary requirements set forth in these Rules. It shall also set up a database of
all contracts filed and work permits issued which shall be accessible to the public,
subject to reasonable rules of access which the Department may adopt.

Chapter 5 – Hours of Work

SECTION 15. Hours of Work of a Working Child – The following hours of work
shall be observed for any child allowed to work under Republic Act No. 9231 and
these Rules:

(a) For a child below 15 years of age, the hours of work shall not be more than
twenty (20) hours as week, provided that the work shall not be more than four
hours at any given day;

(b) For a child 15 years of age, but below 18, the hours of work shall not be more
than eight hours a day, and in no case beyond 40 hours a week; and

(c) No child below 15 year of age shall be allowed to work between eight o’clock in
the evening and six o’clock in the morning of the following day and no child 15
years of age but below 18 shall be allowed to work between ten o’clock in the
evening and six o’clock in the morning of the following day.

Sleeping time as well travel time of a child engaged in public entertainment or

information from his/her residence to his/her workplace shall not be included as
hours worked without prejudice to the application of existing rules on employees
compensation.

Chapter 6 – Working Child’s Income

SECTION 16. Ownership and Use of the Working Child’s Income – The wages,
salaries, earnings and other income of the working child belong to him/her in
ownership and shall be set aside primarily for his/her support, education, or skills
acquisition and secondarily to the collective needs of the family: Provided, That not
more than twenty percent (20%) of the child’s income may be used for the collective
needs of the family.

SECTION 17. Administration of the Working Child’s Income – The income of the
working child and/or the property acquired through his/her work shall be
administered by both parents. In the absence of , or incapacity of either of the
parents, the other parent shall administer the same. In case both parents are absent
or incapacitated, the order of preference on parental authority shall be in
accordance with Article 216 of the Family Code, as follows:

(a) The surviving grandparent; in case several survive, the one designated by the
court taking into account all relevant considerations, especially the choice of the
child over seven years of age, unless the grandparent chosen is unfit;
.
(b) The oldest brother or sister, over 21 years of age, unless unfit or disqualified;
and
.
(c) The child’s actual custodian over 21 years of age, unless unfit or disqualified.
SECTION 18. Preservation of the Working Child’s Income – The income of the
working child shall be deposited in a Trust Fund or Savings Account set up or
opened under his/her name by the administrator of such income, subject to the
conditions set forth in this Section and the Civil Code.
The administrator shall make an accounting of all wages, salaries, earnings and
other income of the child. When the child’s gross earnings in a year amount to at
least Two Hundred Thousand Pesos (P200,000.00), the administrator shall set up a
Trust Fund for the child where at least thirty percent (30%) of such amount shall be
deposited.
.
For a child earning less than P200,000.00 a year, at least thirty percent (30%) of
his/her income may be deposited in a Savings Account each time the child receives
an income. The accumulated savings shall be immediately transferred to the Trust
Fund for the child should his/her total gross income for a given year is at least Two
Hundred Thousand Pesos (P200,000.00).
.
The child shall have full control over the Trust Fund upon reaching the age of
majority. The administrator shall render a semi-annual accounting of the Trust
Fund to the concerned Regional Office of the Department. He or she shall be
required to submit, whether actual or on-line, a verified financial statement in an
appropriate form prescribed by the Department.

Chapter 7 – Education, Training and Other Services

SECTION 19. Access to Education and Training for the Working Child – Every
child shall have access to formal or non-formal education.

(a) No child shall be deprived of formal, non-formal or alternative learning systems

of education. In all cases where the child is allowed to work, the employer shall
provide the child with access to at least elementary and/or secondary education. No
employer shall make a child work during his/her school hours, and hinder his/her
access to education during school days.
(b) The continuing program for education and training for the working child shall
be that developed by the Department of Education for formal, non-formal and
alternative learning systems of education, or by the Technical Education and Skills
Development Authority, whichever is applicable to the circumstances of the child.

SECTION 20. Access to Immediate Legal, Medical and Psycho-Social Services –

Working children, including victims of child labor shall have the right to free legal,
medical and psycho-social services to be provided by the State through agencies
mandated to provide such services, as well as through networks like the National
Program Against Child Labor, other existing interagency mechanisms, or those that
may be established.

The Department, on its own or in collaboration with concerned institutions, shall

set up a mechanism to provide free legal services for working children and their
parents or guardians. Such services shall include the provision of information on
the child’s rights or procedures for filing complaints and claiming compensation,
and on such other legal remedies available to them.

The Department shall facilitate the provision of health services to working children
and victims of child labor in partnership with concerned sectors. Health services
include primary or preventive, secondary or curative, and tertiary or rehabilitative
services, or such services as may be necessary to address physical, psychological and
social problems arising from child labor.

The Department shall refer working children and victims of child labor to
appropriate agencies and organizations for psycho-social services.

The delivery of the above services shall be without prejudice to similar services
provided by other agencies, conformably with their own mandates. The
Department may also enlist the assistance of non-governmental organizations and
other groups in the delivery of these services. In every case, the special needs and
peculiar situations of working children, including victims of child labor, shall be
taken into account.

Chapter 8 – Enforcement and Administration

SECTION 21. Actions of the Secretary of Labor and Employment or Regional

Director – In case of violation, the Secretary of Labor and Employment or the
Regional Director as his or her authorized representative, shall undertake the
following actions:

(a) Order the immediate and permanent closure of the establishment if:
i. The violation of any provision of Republic Act No. 9231 has resulted in the death,
insanity or serious physical injury of a child employed in such establishment; or
ii. Such firm or establishment is employing a child for prostitution or obscene or
lewd shows.

The employer shall pay all employees affected by the closure their separation pay
and other monetary benefits provided for by law.

(b) Order the immediate and temporary closure of the establishment if there is
imminent danger to the life and limb of the child in accordance with the
occupational safety and health standards. An imminent danger is a condition or
practice that could reasonably be expected to cause death or serious physical harm.

In no case shall the closure be lifted unless the imminent danger has been abated.
For the duration of the closure, the employer shall pay the wages of all employees
affected. If, after due hearing, the closure is made permanent, the employer shall
pay all employees affected their separation benefits, as provided in the immediately
preceding subsection.

(c) In both cases, require the employer to:

i. Shoulder the transportation cost of the child from the place of work to the DSWD-
accredited halfway house and to the child’s residence; and

ii. Shoulder the total actual cost of medical management, recovery and reintegration
of the child, or in case of death, the child’s funeral expenses;

SECTION 22. Grounds for Suspension and Cancellation of Work Permit – The
Regional Director shall suspend or cancel the work permit issued to a working child
under the following instances:
(a) If there is fraud or misrepresentation in the application for work permit or any
of its supporting documents;

(b) If the terms and conditions set forth in the child’s employment contract and/or
employer’s undertaking have been violated;

(c) If the employer fails to institute measures to ensure the protection, health,
safety, morals, and normal development of the child as required in Section 7 (b)ii;

(d) If the employer fails to formulate and implement a program for the education,
training and skills acquisition of the child; or

(e) If a child has been deprived access to formal, non-formal or alternative learning
systems of education.

SECTION 23. Violations Not Resulting in Death, Insanity or Injury of the Child –
The Regional Director, after due notice and hearing, and without prejudice to the
filing of the appropriate criminal and civil actions, shall:
(a) In case of a first violation, issue a compliance order for immediate restitution
and correction of the violation. Failure to comply with said order constitutes a
second violation;

(b) In case of a second violation, issue a compliance order for immediate restitution
and correction of the violation and prohibit the employer from hiring a child for six
months commencing from date of last offense. Failure to comply with said order
constitutes a third violation; and

(c) In case of a third violation, issue a compliance order for immediate restitution
and correction of the violation. Failure to comply with said order constitutes a
fourth violation justifying closure of the establishment.

In appropriate cases, the Regional Director may file against the employer a case for
indirect contempt as provided for under Rule 71 of the Revised Rules of Court.

SECTION 24. Enforcement Procedure. The proceedings arising from Sections 21,
22 and 23 shall be summary in nature. It may be initiated motu proprio by the
Department or upon complaint by any interested party.

Permanent or temporary closure shall be effected upon service by the Regional

Director of a notice of closure on the employer. Within 24 hours from notice, the
Regional Director shall call a hearing to confirm the closure, in which the employer
shall be given the opportunity to present evidence why closure is not an appropriate
remedy. Within 72 hours from the last hearing, the Regional Director shall issue an
order confirming or lifting the closure, as the case may be.

In the case of suspension or cancellation of work permit, the Regional Director shall
serve a notice on the employer and the parent or guardian of the working child, who
shall have three days from receipt of the notice to show cause why the work permit
should not be cancelled or suspended. The Regional Director shall have ten days
from service of notice within which to issue a revocation, suspension or dismissal
order.

Any motion for reconsideration of the Regional Director’s action shall be resolved
by the Secretary of Labor and Employment. Upon issuance of the notice and during
the pendency of the proceedings, the child concerned shall not be allowed to work.

In the event that a violation constituting a ground for cancellation or suspension of

work permit is committed in a workplace outside the jurisdiction of the Regional
Office which issued the work permit, the Regional Office having jurisdiction over
the workplace shall immediately stop the employer from requiring the child to
work. Within 24 hours thereafter, the Regional Office having jurisdiction of the
workplace shall prepare a report to the Regional Office which issued the work
permit, for the latter to commence appropriate cancellation or suspension
proceedings.
SECTION 25. Industry Guidelines and Self-Policing Mechanisms – The
Department may issue appropriate industry-specific guidelines, taking into account
the peculiar circumstances of each industry, upon consultation with concerned
sectors.

Establishments with at least 200 workers or those with certified collective

bargaining agreements (CBAs) shall be encouraged to adopt a self-assessment mode
pursuant to Section 1 (a) of Department Order No. 57-04, series of 2004 (Labor
Standards Enforcement Framework).

Employers, workers and their organizations, professional organizations or business

federations are encouraged to establish or adopt mechanisms to monitor their ranks
and take corrective action against erring members. The Department shall provide
technical assistance in setting up such mechanisms.

SECTION 26. Administration of Trust Fund from Fines and Penalties – The finest
imposed by the court upon any violator of Republic Act No. 9231 shall, subject to
existing government accounting and auditing rules and regulations, including the
provision on trust funds under the General Appropriations Act, accrue to the
DOLE-office of the Secretary Trust Fund for Working Children. This trust fund
shall be administered by the Department and disbursed exclusively for programs
and projects preventing child labor and mitigating its effects.

Within two months after the date of effectivity of these Rules, the Department shall
set up the Trust Fund for Working Children in accordance with existing
government accounting, auditing, and Department of Budget and Management
requirements. The Department shall:

(a) Draw up the procedures for the use and disbursement of the Trust Fund;

(b) Formulate and supervise the implementation of programs for qualified

beneficiaries of the Trust Fund; and

(c) Monitor, through the Regional Offices of the Department, the status of child
labor cases that may involve the award of fines under Republic Act No. 9231.

Chapter 9 – Miscellaneous Provisions

SECTION 27. Filing of Complaints – Complaints on violations specified under

Republic Act No. 9231 and these Rules which fall under the jurisdiction of the
regular courts shall be filed by persons identified in said law, and in accordance
with the Rules of Court.

SECTION 28. Disposition of Investigation Report - The investigation report of the

Department on violations that may constitute a criminal offense under Republic Act
No. 9231, together with other relevant documents and evidence, shall be
immediately forwarded to the provincial or city prosecutor concerned who shall
determine the filing of the appropriate criminal charge.

SECTION 29. Effects on Other Issuances – These Rules supersede Department

Order No. 18, series of 1994 or the Rules and Regulations Implementing Republic
Act No. 7658. All other Issuances of the Department inconsistent with the
provisions of these Rules are deemed modified accordingly.

SECTION 30. Effects on Existing Contracts – These Rules shall not be interpreted
to impair contracts executed prior to its effectivity. All other general rules on non-
impairment of contracts shall apply.

SECTION 31. Separability Clause – If any of the provisions of these Rules is

declared invalid or unconstitutional, the validity of the remaining provisions hereof
shall remain in full force and effect.

SECTION 32. Effectivity – These Rules shall take effect 15 days from the date of
its complete publication in two national newspapers of general circulation.

Manila, Philippines, 26 July 2004.

PATRICIA A. STO. TOMAS

Secretary