Article 53Labor and Agrarian Laws and Social Legislation, p. 53

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

(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

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 15. Duty of Employer . – Every employer shall

comply with the duties provided for in Articles 108 and

109 of Presidential Decree No. 603.

Section 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 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.

ARTICLE IX Children of Indigenous Cultural

Communities

Section 17. Survival, Protection and Development . –

In addition to the rights guaranteed to children under

this Act and other existing laws, children of indigenous

cultural communities shall be entitled to protection,

survival and development consistent with the customs

and traditions of their respective communities.

Section 18. System of and Access to Education . –

The Department of Education, Culture and Sports shall

develop and institute an alternative system of education

for children of indigenous cultural communities which

culture-specific and relevant to the needs of and the

existing situation in their communities. The Department

of Education, Culture and Sports shall also accredit and

support

non-formal

but

functional

indigenous

educational programs conducted by non-government

organizations in said communities.

Section 19. Health and Nutrition . – The delivery of

basic social services in health and nutrition to children of

indigenous cultural communities shall be given priority

by all government agencies concerned. Hospitals and

other health institution shall ensure that children of

indigenous

cultural

communities

are

given

equal

attention. In the provision of health and nutrition services

to

children

of

indigenous

cultural

communities,

indigenous

health

practices

shall

be

respected and

recognized.

Section 20. Discrimination . – Children of indigenous

cultural communities shall not be subjected to any and

all forms of discrimination.

Any person who discriminate against children of

indigenous cultural communities shall suffer a penalty of

arresto mayor in its maximum period and a fine of not

less than Five thousand pesos (P5,000) more than Ten

thousand pesos (P10,000).

Section

21.

Participation .

–

Indigenous

cultural

communities,

through

their

duly-designated

or

appointed representatives shall be involved in planning,

decision-making implementation, and evaluation of all

government programs affecting children of indigenous

cultural communities. Indigenous institution shall also be

recognized and respected.

ARTICLE X Children in Situations of Armed

Conflict

Section 22. Children as Zones of Peace . – Children

are hereby declared as Zones of Peace. It shall be the

responsibility of the State and all other sectors concerned

to resolve armed conflicts in order to promote the goal of

children as zones of peace. To attain this objective, the

following policies shall be observed.

(a) Children shall not be the object of attack and

shall

be

entitled

to

special

respect.

They

shall

be

© Compiled By RGL

53 of 169