PART ONE: UNDERSTANDING CHILD LABOR
I. Definition Of Child Labour = 1
II. Child Labour Situation In The Philippines = 5
III.The Reasons Why Children Work = 9
IV.Strategies In Addressing The Child Labour Problem = 11
PART TWO: THE LEGAL PROTECTION OF CHILD WORKERS
Introduction: Historical Evolution Of Child Labour Laws In The Philippines = 16
I. General Policy Considerations = 27
A. INTERNATIONAL INSTRUMENTS
1. International Covenant On Economic, Social And Cultural Rights = 27
2. Convention on the Rights of the Child = 28
B. NATIONAL LAWS
Philippine Constitution = 29
Child And Youth Welfare Code (P.D. 603) = 30
II. Minimum Age Of Employment -- Exceptions/duties of employer = 32
A. INTERNATIONAL CONVENTIONS
1. ILO Convention No. 59 = 32
2. ILO Convention No. 138 = 35
3. ILO Recommendation No. 146 = 48
B. NATIONAL LAWS
1. Minimum Age: Principal Policy
1.1 R.A. 7658 =56
1.2 Labour Code = 59
1.3 Omnibus Rules Implementing the Labour Code = 59
2. Minimum Age: Hazardous Work = 60
2.1 Labour Code 60
2.2 Omnibus Rules Implementing the Labour Code = 60
2.3 Department Order No. 4 = 61
2.4 Occupational Safety and Health Standards = 65
3. Minimum Age: Modeling In Commercials/ Advertisements Promoting Alcoholic Beverages, Tobacco, Violence, etc. = 66
4. Minimum Age: Apprentices = 67
4.1 Labour Code = 67
4.2 Omnibus Rules Implementing the Labour Code = 68
5. Minimum Age: Child and Youth Welfare Code = 69
6. Minimum Age: Opinion of the Secretary = 70
III. WORST FORMS OF CHILD LABOR = 72
A. INTERNATIONAL CONVENTIONS
1. ILO Convention No. 182 = 72
2. Optional protocol to the convention on the rights of the child on the involvement of children in armed conflict = 88
3. Optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography = 97
4. Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against transnational organized crimes = 111
5. Convention on the suppression of traffic in persons and of the exploitation of the prostitution of others = 127
B. NATIONAL LAWS
1. Worst form : all forms of slavery or practices = 139
2. Worst form : child prostitution and other sexual abuse = 162
3. Worst form : child pornography = 168
4. Worst form : production and trafficking of drugs = 170
5. Other Worst forms = 172
IV.TERMS AND CONDITIONS OF EMPLOYMENT = 175
A. INTERNATIONAL CONVENTIONS
1. ILO Convention No. 77 = 175
2. ILO Convention No. 90 = 184
B. NATIONAL LAWS
1. Non-Discrimination = 195
2. Employer's Reportorial Duties = 195
3. Hours of Work, Night Work and Physical Examination Of Children = 196
4. Children Below 15 Years = 198
5. Children in the Movie, Television, Radio and Entertainment Industry = 208
6.Children in Apprentice Work = 212
6.1 Labour Code = 212
6.2 Omnibus Rules Implementing the Labour Code = 213
7.Children in Domestic Work = 216
7.1 Labour Code 217
7.2 Omnibus Rules Implementing the Labour Code =219
7.3 The new Civil Code = 220
8. Children in Homework = 222
9. Children in sub-contracting and labor-only contracting = 225
10.Workers in General = 239
10.1 Working Hours and Rest Periods = 239
10.2 Wages = 240
10.3 Occupational Safety and Health = 246
10.4 Social Security Benefits = 248
V. Rights And Privileges Of Working Children = 254
A. THE SAMAHAN = 255
B. NON-FORMAL EDUCATION = 258
C. SUMMER EMPLOYMENT = 258
VI.Remedies Against Abuse, Exploitation and Discrimination = 269
A. ILLEGAL RECRUITMENT UNDER THE LABOR CODE
1. Prosecute Under Art. 39 of The Labour Code = 269
2. Order Suspension/Cancellation of License or Closure of Establishment = 273
B. VIOLATION OF LABOR CODE PROVISIONS
1. Order Stoppage of Work or Suspension of Operations = 277
2. Prosecute Under Art. 288 of the Labour Code = 278
C. NON-PAYMENT OF PRESCRIBED WAGES
1. File Money Claims with Dole Regional Director or the Labour Arbiter = 279
2. Prosecute for Violation of R.A. 6640, R.A. 6726, R.A. 7655 = 279
D. SOCIAL SECURITY: NON- PAYMENT OF CLAIMS, NON-REMITTANCE OF CONTRIBUTIONS
1. File Money Claims with the Social Security System = 280
2. Prosecute for Violation of R.A. 1161, Social Security Law = 280
3. Prosecute for Violation of R.A. 7875, National Health Insurance Act of 1995 = 281
4. Prosecute for Violation of R.A. 7655 if Employer of Househelper = 282
E. INHUMANE TREATMENT
1. Sue for Damages under the Civil Code = 282
2. Sue for Violation of the Revised Penal Code, R.A. 7610 or the Child Protection Code, and Other Criminal Laws = 283
F. CRIMES AGAINST CHILDREN UNDER THE REVISED PENAL CODE, AS AMENDED
1. Offenses Against Decency and Good Customs = 284
2. Physical Injuries = 286
3. Rape = 289
4. Crimes Against Security = 293
5. Crimes Against Liberty and Security = 295
6. Threats and Coercions = 299
7. Swindling and other Deceits = 302
G. LIABILITIES/ RESPONSIBILITIES OF PARENTS
1. Child And Youth Welfare Code = 302
2. Family Code = 304
H. CHILD ABUSE, EXPLOITATION, AND DISCRIMINATION = 306
I. CHILD TRAFFICKING = 322
J. DRUG ABUSE = 323
K. ODINANCES ON CHILD LABOR AND CHILD PROSTITUTION = 326
1. SP Resolution -192-96
2. Resolution No. 4
3. Ordinance No. 06
4. SP Ordinance No. 1025-94
5. Ordinance No. 201
6. Ordinance No. 7780
7. Ordinance No. 7791
8. Ordinance No. 92-012
9. MMC Ordinance No. 85-04
L. LIABILITIES OF HOTEL/MOTEL OWNERS
1. Department of Tourism Administrative Order No. 95-17 = 348
2. B.T.S. Circular No. 11 = 349
PART THREE: LEGAL PROCEDURES FOR THE ENFORCEMENT OF RIGHTS
I. Detection And Reporting = 351
A. SPECIAL AGENCIES AND COMMITTEES TO REPORT TO
1. Local Council for the Protection of Children = 352
2. Committee for the Special Protection of Children = 353
3. Child Labour Project Management Team = 355
4. Agencies to Investigate Sex Tours = 357
5. "Sagip Batang Manggagawa" - Inter-Agency Quick Action Team on The Handling of Exploitative/Hazardous Child Labour Cases = 358
6. Department of Justice -- Task Force on the Protection of Children = 363
7. National Bureau of Investigation ?ACADED = 364
8. Commission on Human Rights -- Child Rights Center = 365
B. DUTY TO REPORT = 370
C. PROCEDURES IN REPORTING AND INVESTIGATION = 371
II. Information Verification = 380
A. VISITORIAL AND INSPECTION POWERS OF THE DOLE = 380
B. INSPECTION PRIORITIES = 381
C. INVESTIGATION BY THE DSWD = 382
III. Removal And Rescue = 383
A. APPLICATION FOR WARRANTS OF ARREST, SEARCH AND SEIZURE
1. Who Issues the Warrant = 383
2. Requisites For A Valid Search Warrant And/Or Warrant Of Arrest = 384
3. When Warrant Is Not Needed = 385
B. ASSEMBLY OF RESCUE TEAM = 386
C. RESCUE = 387
IV. CUSTODY/REHABILITATION
A. R.A. 7610, SECTION 28 = 389
B. RULES AND REGULATION IN THE INVESTIGATION AND REPORTING OF CHILD ABUSE CASES, SECTION 9-15 = 389
C. E.O. NO.56 = 390
D. LEGAL PROCEDURES FOR THE CUSTODY OF DEPENDENT, ABANDONED, NEGLECTED CHILDREN = 390
E. SUSEPNSION/TERMINATION OF PARENTAL AUTHORITY = 398
V. RECOVERY OF WAGES AND OTHER MONETARY BENEFITS UNDER THE LABOR CODE = 399
A. PERIOD WITHIN WHICH TO FILE = 399
B. WHERE TO FILE/ JURISDICTION
1. DOLE Regional Director = 399
2. Labour Arbiters/ National Labour Relations Commission (NLRC) = 400
C. PROCEDURES WITH THE DOLE REGIONAL DIRECTOR = 400
D. PROCEDURES WITH THE LABOR ARBITERS AND THE NATIONAL LABOR RELATIONS COMMISSION = 401
E. AMICABLE SETTLEMENT/ COMPROMISES = 402
VI. Administrative Sanctions
A. DEPARTMENT OF LABOR AND EMPLOYMENT = 404
B. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT = 404
C. LOCAL GOVERNMENT UNITS = 404
D. DEPARTMENT OF TOURISM = 406
VI. Criminal Prosecution = 407
A. JURISDICTION OVER CRIMINAL CASES
1. Katarungang Pambarangay = 407
2. Family Courts = 408
B. WHO MAY FILE COMPLAINT
1. Crimes Under R.A. 7610 = 414
2. Crimes Under the Revised Penal Code = 415
C. WHERE TO FILE COMPLAINTS
1. Offenses Subject to the Katarungang Pambarangay = 416
2. Offenses Under the Jurisdiction of the Municipal/ Municipal Circuit Trial Courts = 416
D. PROCEDURES IN KATARUNGANG PAMBARANGAY = 417
E. SUMMARY PROCEDURES IN THE MUNICIPAL TRIAL COURTS = 419
F. PROCEDURES IN PRELIMINARY INVESTIGATION BEFORE FISCALS/PROSECUTOR = 421
G. ORDINARY PROCEDURES IN MUNICIPAL TRIAL COURTS AND REGIONAL TRIAL COURTS
1. Arrest of Accused = 423
2. Bail = 423
3. Arraignment and Plea =424
4. Trial = 424
5. Judgment = 448
6. Motion for Reconsideration/ New Trial/ Appeal = 449
BIBLIOGRAPHY = 450
I. Definition Of Child Labour = 1
II. Child Labour Situation In The Philippines = 5
III.The Reasons Why Children Work = 9
IV.Strategies In Addressing The Child Labour Problem = 11
PART TWO: THE LEGAL PROTECTION OF CHILD WORKERS
Introduction: Historical Evolution Of Child Labour Laws In The Philippines = 16
I. General Policy Considerations = 27
A. INTERNATIONAL INSTRUMENTS
1. International Covenant On Economic, Social And Cultural Rights = 27
2. Convention on the Rights of the Child = 28
B. NATIONAL LAWS
Philippine Constitution = 29
Child And Youth Welfare Code (P.D. 603) = 30
II. Minimum Age Of Employment -- Exceptions/duties of employer = 32
A. INTERNATIONAL CONVENTIONS
1. ILO Convention No. 59 = 32
2. ILO Convention No. 138 = 35
3. ILO Recommendation No. 146 = 48
B. NATIONAL LAWS
1. Minimum Age: Principal Policy
1.1 R.A. 7658 =56
1.2 Labour Code = 59
1.3 Omnibus Rules Implementing the Labour Code = 59
2. Minimum Age: Hazardous Work = 60
2.1 Labour Code 60
2.2 Omnibus Rules Implementing the Labour Code = 60
2.3 Department Order No. 4 = 61
2.4 Occupational Safety and Health Standards = 65
3. Minimum Age: Modeling In Commercials/ Advertisements Promoting Alcoholic Beverages, Tobacco, Violence, etc. = 66
4. Minimum Age: Apprentices = 67
4.1 Labour Code = 67
4.2 Omnibus Rules Implementing the Labour Code = 68
5. Minimum Age: Child and Youth Welfare Code = 69
6. Minimum Age: Opinion of the Secretary = 70
III. WORST FORMS OF CHILD LABOR = 72
A. INTERNATIONAL CONVENTIONS
1. ILO Convention No. 182 = 72
2. Optional protocol to the convention on the rights of the child on the involvement of children in armed conflict = 88
3. Optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography = 97
4. Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against transnational organized crimes = 111
5. Convention on the suppression of traffic in persons and of the exploitation of the prostitution of others = 127
B. NATIONAL LAWS
1. Worst form : all forms of slavery or practices = 139
2. Worst form : child prostitution and other sexual abuse = 162
3. Worst form : child pornography = 168
4. Worst form : production and trafficking of drugs = 170
5. Other Worst forms = 172
IV.TERMS AND CONDITIONS OF EMPLOYMENT = 175
A. INTERNATIONAL CONVENTIONS
1. ILO Convention No. 77 = 175
2. ILO Convention No. 90 = 184
B. NATIONAL LAWS
1. Non-Discrimination = 195
2. Employer's Reportorial Duties = 195
3. Hours of Work, Night Work and Physical Examination Of Children = 196
4. Children Below 15 Years = 198
5. Children in the Movie, Television, Radio and Entertainment Industry = 208
6.Children in Apprentice Work = 212
6.1 Labour Code = 212
6.2 Omnibus Rules Implementing the Labour Code = 213
7.Children in Domestic Work = 216
7.1 Labour Code 217
7.2 Omnibus Rules Implementing the Labour Code =219
7.3 The new Civil Code = 220
8. Children in Homework = 222
9. Children in sub-contracting and labor-only contracting = 225
10.Workers in General = 239
10.1 Working Hours and Rest Periods = 239
10.2 Wages = 240
10.3 Occupational Safety and Health = 246
10.4 Social Security Benefits = 248
V. Rights And Privileges Of Working Children = 254
A. THE SAMAHAN = 255
B. NON-FORMAL EDUCATION = 258
C. SUMMER EMPLOYMENT = 258
VI.Remedies Against Abuse, Exploitation and Discrimination = 269
A. ILLEGAL RECRUITMENT UNDER THE LABOR CODE
1. Prosecute Under Art. 39 of The Labour Code = 269
2. Order Suspension/Cancellation of License or Closure of Establishment = 273
B. VIOLATION OF LABOR CODE PROVISIONS
1. Order Stoppage of Work or Suspension of Operations = 277
2. Prosecute Under Art. 288 of the Labour Code = 278
C. NON-PAYMENT OF PRESCRIBED WAGES
1. File Money Claims with Dole Regional Director or the Labour Arbiter = 279
2. Prosecute for Violation of R.A. 6640, R.A. 6726, R.A. 7655 = 279
D. SOCIAL SECURITY: NON- PAYMENT OF CLAIMS, NON-REMITTANCE OF CONTRIBUTIONS
1. File Money Claims with the Social Security System = 280
2. Prosecute for Violation of R.A. 1161, Social Security Law = 280
3. Prosecute for Violation of R.A. 7875, National Health Insurance Act of 1995 = 281
4. Prosecute for Violation of R.A. 7655 if Employer of Househelper = 282
E. INHUMANE TREATMENT
1. Sue for Damages under the Civil Code = 282
2. Sue for Violation of the Revised Penal Code, R.A. 7610 or the Child Protection Code, and Other Criminal Laws = 283
F. CRIMES AGAINST CHILDREN UNDER THE REVISED PENAL CODE, AS AMENDED
1. Offenses Against Decency and Good Customs = 284
2. Physical Injuries = 286
3. Rape = 289
4. Crimes Against Security = 293
5. Crimes Against Liberty and Security = 295
6. Threats and Coercions = 299
7. Swindling and other Deceits = 302
G. LIABILITIES/ RESPONSIBILITIES OF PARENTS
1. Child And Youth Welfare Code = 302
2. Family Code = 304
H. CHILD ABUSE, EXPLOITATION, AND DISCRIMINATION = 306
I. CHILD TRAFFICKING = 322
J. DRUG ABUSE = 323
K. ODINANCES ON CHILD LABOR AND CHILD PROSTITUTION = 326
1. SP Resolution -192-96
2. Resolution No. 4
3. Ordinance No. 06
4. SP Ordinance No. 1025-94
5. Ordinance No. 201
6. Ordinance No. 7780
7. Ordinance No. 7791
8. Ordinance No. 92-012
9. MMC Ordinance No. 85-04
L. LIABILITIES OF HOTEL/MOTEL OWNERS
1. Department of Tourism Administrative Order No. 95-17 = 348
2. B.T.S. Circular No. 11 = 349
PART THREE: LEGAL PROCEDURES FOR THE ENFORCEMENT OF RIGHTS
I. Detection And Reporting = 351
A. SPECIAL AGENCIES AND COMMITTEES TO REPORT TO
1. Local Council for the Protection of Children = 352
2. Committee for the Special Protection of Children = 353
3. Child Labour Project Management Team = 355
4. Agencies to Investigate Sex Tours = 357
5. "Sagip Batang Manggagawa" - Inter-Agency Quick Action Team on The Handling of Exploitative/Hazardous Child Labour Cases = 358
6. Department of Justice -- Task Force on the Protection of Children = 363
7. National Bureau of Investigation ?ACADED = 364
8. Commission on Human Rights -- Child Rights Center = 365
B. DUTY TO REPORT = 370
C. PROCEDURES IN REPORTING AND INVESTIGATION = 371
II. Information Verification = 380
A. VISITORIAL AND INSPECTION POWERS OF THE DOLE = 380
B. INSPECTION PRIORITIES = 381
C. INVESTIGATION BY THE DSWD = 382
III. Removal And Rescue = 383
A. APPLICATION FOR WARRANTS OF ARREST, SEARCH AND SEIZURE
1. Who Issues the Warrant = 383
2. Requisites For A Valid Search Warrant And/Or Warrant Of Arrest = 384
3. When Warrant Is Not Needed = 385
B. ASSEMBLY OF RESCUE TEAM = 386
C. RESCUE = 387
IV. CUSTODY/REHABILITATION
A. R.A. 7610, SECTION 28 = 389
B. RULES AND REGULATION IN THE INVESTIGATION AND REPORTING OF CHILD ABUSE CASES, SECTION 9-15 = 389
C. E.O. NO.56 = 390
D. LEGAL PROCEDURES FOR THE CUSTODY OF DEPENDENT, ABANDONED, NEGLECTED CHILDREN = 390
E. SUSEPNSION/TERMINATION OF PARENTAL AUTHORITY = 398
V. RECOVERY OF WAGES AND OTHER MONETARY BENEFITS UNDER THE LABOR CODE = 399
A. PERIOD WITHIN WHICH TO FILE = 399
B. WHERE TO FILE/ JURISDICTION
1. DOLE Regional Director = 399
2. Labour Arbiters/ National Labour Relations Commission (NLRC) = 400
C. PROCEDURES WITH THE DOLE REGIONAL DIRECTOR = 400
D. PROCEDURES WITH THE LABOR ARBITERS AND THE NATIONAL LABOR RELATIONS COMMISSION = 401
E. AMICABLE SETTLEMENT/ COMPROMISES = 402
VI. Administrative Sanctions
A. DEPARTMENT OF LABOR AND EMPLOYMENT = 404
B. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT = 404
C. LOCAL GOVERNMENT UNITS = 404
D. DEPARTMENT OF TOURISM = 406
VI. Criminal Prosecution = 407
A. JURISDICTION OVER CRIMINAL CASES
1. Katarungang Pambarangay = 407
2. Family Courts = 408
B. WHO MAY FILE COMPLAINT
1. Crimes Under R.A. 7610 = 414
2. Crimes Under the Revised Penal Code = 415
C. WHERE TO FILE COMPLAINTS
1. Offenses Subject to the Katarungang Pambarangay = 416
2. Offenses Under the Jurisdiction of the Municipal/ Municipal Circuit Trial Courts = 416
D. PROCEDURES IN KATARUNGANG PAMBARANGAY = 417
E. SUMMARY PROCEDURES IN THE MUNICIPAL TRIAL COURTS = 419
F. PROCEDURES IN PRELIMINARY INVESTIGATION BEFORE FISCALS/PROSECUTOR = 421
G. ORDINARY PROCEDURES IN MUNICIPAL TRIAL COURTS AND REGIONAL TRIAL COURTS
1. Arrest of Accused = 423
2. Bail = 423
3. Arraignment and Plea =424
4. Trial = 424
5. Judgment = 448
6. Motion for Reconsideration/ New Trial/ Appeal = 449
BIBLIOGRAPHY = 450