Philippine Child Labour Laws and Legislation

V. REMEDIES AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION      The remedies available to child workers for the violation of their rights are contained in different laws. Employers or recruiters of children who work in the formal sector may be held liable under the penalty provisions of the Labor Code, the Social Security Law, the Minimum Wage Law and R.A. 7658, for their failure to observe the requirements on terms and conditions of employment.      In addition, they may also be held liable under the provisions of the Revised Penal Code and R.A. 7610 for any inhumane treatment, abuse or exploitation suffered by the child workers. Damages may also be claimed under the Civil Code, against the employers.      On the other hand, child workers in the informal sector, such as those engaged in the street trade or in the flesh trade, may invoke the Revised Penal Code, R.A. 7610, the Dangerous Drugs Law, and several ordinances against persons who exploit and abuse them in the course of their work. Moreover, parents of child workers may be held criminally liable under the Child and Youth Welfare Code for abandonment, neglect or exploi-tation of their children.      Presented below are the details of the remedies mentioned above according to the type of violation committed. Back to Index A. ILLEGAL RECRUITMENT      1. Prosecute Under Art. 39 of The Labor Code. BOOK I - PRE-EMPLOYMENT TITLE I - RECRUITMENT AND PLACEMENT OF WORKERS      Art. 34. Prohibited Practices. -- It shall be unlawful for any individual, entity, licensee, or holder of authority:      (a) To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance;      (b) To furnish or publish any false notice or information or document in relation to recruitment or employment; x x x      f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines. [Underscoring supplied.] x x x      Art. 38. Illegal Recruitment. -      (a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of the Code, to be undertaken by non-licensees or non-holders of authority shall be deemed illegal and punishable under Article 39 of this Code. The Secretary of Labor and Employment or any law enforcement officer may initiate complaints under this Article.      (b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof.      Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.      (c) The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of job-seekers. The Secretary shall order the search of the office or premises and seizure of documents, paraphernalia, properties and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment, without having been licensed or authorized to do so.      [Note that the Supreme Court issued a ruling on March 14, 1990, in the case of Salazar vs. Achacoso (G.R. No. 81510), stating that "the Secretary of Labor, not being a judge, may no longer issue search or arrest warrants". Hence, the authorities must go through the judicial process to obtain such. The Secretarty, however, still has the power to order the closure of illegal recruitment establishments, the same being administrative and regulatory in nature.]      Art. 39. Penalties. -      (a) The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P100,000) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.      (b) Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two (2) years nor more than five (5) years or a fine of not less than Ten Thousand Pesos (P10,000) nor more than Fifty Thousand Pesos (P50,000), or both such imprisonment and fine, at the discretion of the court;      (c) Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four (4) years nor more than (8) eight years or a fine of not less than Twenty Thousand Pesos (P20,000) nor more than One Hundred Thousand Pesos (P100,000), or both such imprisonment and fine, at the discretion of the court;      (d) If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings;      (e) In every case, conviction shall cause and carry the automatic revocation of license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds....      2. Order Suspension/Cancellation of License or Closure of Establishment.      Art. 35. Suspension and/or Cancellation of License or Authority -- The Secretary of Labor shall have the power to suspend or cancel any license to recruit employees for overseas employment, for violation of rules and regulations issued by the Secretary of Labor and Employment,...or for violation of the provisions of this and other applicable laws, General Orders and Letters of Instructions.      Art. 36. Regulatory Power. - The Secretary of Labor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized to issue orders, promulgate rules and regulations to carry out the objectives and implement the provisions of this Title. Back to Index B.VIOLATION OF LABOR CODE PROVISIONS      1. Order Stoppage of Work or Suspension of Operations.      Art. 128. Visitorial and enforcement power. -- x x x      (b) [The] Secretary of Labor and Employment or his duly authorized representatives shall have the power to order and adminis-ter, after due notice and hearing, compliance with the labor standards provisions of this Code and other labor legislation based on the findings of labor regulation officers or industrial safety engineers made in the course of inspection, and to issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contests the findings of the labor regulation officer and raises issues which cannot be resolved without considering evidentiary matters that are not verifiable in the normal course of inspection.      (c). The Secretary of Labor may likewise order stoppage of work or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of workers in the workplace. Within twenty-four hours, a hearing shall be conducted to determine whether an order for the stoppage of work or suspension of operations shall be lifted or not. In case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of work or suspension of operation.      (d) It shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render ineffective the orders of the Secretary of Labor or his duly authorized representatives issued pursuant to the authority granted under this Article, and no inferior court or entity shall issue temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case involving the enforcement orders issued in accord-ance with this Article.      (e) Any government employee found guilty of violation of, or abuse of authority, under this Article shall, after appropriate administrative investigation, be subject to summary dismissal from the service. Back to Index      2. Prosecute Under Art. 288 of the Labor Code.      Art. 288. Penalties. -- Except as otherwise provided in this Code, or unless the acts complained of hinges on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thou-sand Pesos (P/1,000.00) nor more than Ten Thousand Pesos (P/10,000.00), or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court. [Underscoring supplied.]      In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.      Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code shall be under the concur-rent jurisdiction of the Municipal or City Courts and the Courts of First Instance [Now Regional Trial Courts].      Art. 289. Who are Liable when Committed by Other than Natural Person. -- If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or enti-ty.      Art. 290. Offenses. -- Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years. Back to Index C. NON-PAYMENT OF PRESCRIBED WAGES      1. File Money Claims with Dole Regional Director or the Labor Arbiter.      2. Prosecute for Violation of R.A. 6640, New Minimum Wage Law; R.A.6726, Wage Rationalization Act; or R.A. 7655, An Act Increasing the Minimum Wage of Househelpers. Back to Index R.A. 6640      Section 10. Any person, corporation, trust, firm, partnership, association or entity violating this Act shall be punished by a fine not exceeding Twenty five thousand pesos (P25,000.000) and/or imprisonment for not less than one (1) year nor more than two (2) years.... R.A. 6726      Section 12. Any person, corporation, trust firm, partnership, association or entity which refuses or fails to pay any of the prescribed increases or adjustments in the wage rates made in accordance with this Act shall be punished by a fine not exceed-ing Twenty five thousand pesos (P25,000.00) and/or imprisonment of not less than one (1) year nor more than two (2) years... R.A. 7655      Section 2. Any violation of any provision of this Act shall be punished with an imprisonment of not more than three (3) months or a fine of not more than Two thousand pesos (P2,000.00), or both, at the discretion of the court. [See Art. 143 of the Labor Code on Employment of Househelpers, as amended by R.A. 7655, page __ herein.] Back to Index D. VIOLATION OF LAWS ON SOCIAL SECURITY: NON- PAYMENT OF CLAIMS; NON-REMITTANCE OF CONTRIBUTIONS      1. File Money Claims with the Social Security System.      2. Prosecute for Violation of R.A. 1161, Social Security Law.      Sec. 28. x x x      (e) Whoever fails or refuses to comply with the provisions of this Act or with the rules and regulations promul-gated by the Commission, shall be punished by a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00), or imprisonment for not less than six (6) months nor more than one (1) year, or both, at the discretion of the court: Provided, That where the violation consists in failure or refusal to register employees...or to deduct contributions from employee's compen-sation and remit the same to the SSS, the penalty shall be a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00) and imprisonment for not less than six (6) months nor more than one (1) year. x x x      (h) Any employer who, after deducting the monthly contributions or loan amortizations from his employee's compensation, fails to remit the said deductions to the SSS within thirty days from the date they became due shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer the penalties provided in Article Three Hundred Fifteen of the Revised Penal Code [Estafa]. Back to Index      3. Prosecute for Violation of R.A. 7875, National Health Insurance Act of 1995.      Sec. 44. Penal Provisions. - x x x      Where the violations consist of failure or refusal to deduct contributions from the employee's compensation or to remit the same to the Corporation, the penalty shall be a fine of not less than Five hundred pesos (P500) but not more than One thousand pesos (P1,000) multiplied by the total number of employees employed by the firm and imprisonment of not less than six (6) months but not more than one (1) year....      Any employer or any officer authorized to collect contributions under this Act who, after collecting or deducting the monthly contributions from his employee's compensation, fails to remit the said contributions to the Corporation within thirty (30) days from the date they become due shall be presumed to have misappropriated such contributions and shall suffer the penalties provided for in Article 315 of the Revised Penal Code.      Any employer who shall deduct directly or indirectly from the compensation of the covered employees or otherwise recover from them his own contribution on behalf of such employees shall be punished by a fine not exceeding One thousand pesos (P1,000) multiplied by the total number of employees employed by the firm, or imprisonment not exceeding one (1) year, or both fine and imprisonment, at the discretion of the Court. Back to Index      4. Prosecute for Violation of R.A. 7655 if Employer of Househelper      Section 2. Any violation of any provision of this Act shall be punished with an imprisonment of not more than three (3) months or a fine of not more than Two thousand pesos (P2,000.00), or both, at the discretion of the court. [See Art. 143 of the Labor Code on Employment of Househelpers, as amended by R.A. 7655, page 98 herein.] Back to Index E. INHUMANE TREATMENT      1. Sue for Damages under the Civil Code.      Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.      Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.      Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damages. x x x      Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Back to Index      2. Prosecute for Violation of the Revised Penal Code, R.A. 7610 or the Child Protection Code, and Other Criminal Laws. F. CRIMES AGAINST CHILDREN UNDER THE REVISED PENAL CODE      Crimes under the Revised Penal Code are penalized with distinct penalties depending on the gravity of the offense. The table below serves as a guide in determining the imposable penalties of different crimes. The prescriptive period of the offenses, or the time within which the cases must be filed before the appropriate authorities, are also indicated in the table. Penalty Prescribed Duration of Penalty Prescriptive Period Death Death 20 years Reclusion Perpetua 20 years & 1 day 20 years to 40 years Reclusion Temporal 12 years & 1 day 20 years 20 years Prision Mayor 6 years & 1 day 15 years to 12 years Prision Correccional 6 months & 1 day 10 years to 6 years Arresto Mayor 1 month & 1 day 5 years to 6 months Arresto Menor 1 day to 30 days 2 months Back to Index G. LIABILITIES/ RESPONSIBILITIES OF PARENTS      1. Child And Youth Welfare Code      2. Family Code TITLE IX PARENTAL AUTHORITY      Art. 225. The father or, in his absence or incapacity, the mother, shall be the legal guardian of the property of the unemancipated child without the necessity of a court appointment.      Where the value of the property or the annual income of the child exceeds P50,000.00, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians.      A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated. x x x      Art. 226. The property of the unemancipated child, earned or acquired with his work or industry or by onerous or gratuitous title, shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise.      The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. x x x      Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender.      Art. 231. The court in an action filed for the purpose or in a related case may also suspend parental authority if the parent or the person exercising the same:      (1) Treats the child with excessive harshness or cruelty;      (2) Gives the child corrupting orders, counsel or example;      (3) Compels the child to beg; or      (4) Subjects the child or allows him to be subjected to acts of lasciviousness.      If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.      The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding, if the court finds that the cause therefor has ceased and will not be repeated.      Art. 232. If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority. Back to Index K. ODINANCES ON CHILD LABOR AND CHILD PROSTITUTION      1. SP Resolution -192-96 Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD LUNGSOD NG BUTUAN SP RESOLUTION - 192-96 A RESOLUTION CREATING AN INTER-AGENCY "BANTAY-BATA" TASK FORCE WHICH SHALL BE TASKED TO INSPECT ESTABLISHMENTS EMPLOYING MINORS IN KTV BARS AND OTHER RELATED ESTABLISHMENTS; AND OTHER VIOLATIONS THEREOF, OF THE EXISTING YOUTH RELATED ORDINANCES/POLICIES AND FOR OTHER PURPOSES      WHEREAS, KTV Bars and other related establishments have been flourishing in Butuan City;      WHEREAS, it has been observed that these establishments attract job opportunities to youths and minors who are supposed to be protected against exploitation and improper influences or hazards prejudicial to his/her development;      WHEREAS, to ensure their safety, a task force shall be created with the following composition: Three [3] SP Members/Committee on Youth and Sports and Committee on Police PNP Child and Youth Welfare Division Representative from the City Health Office Representative from the DSWD Representative from the DOLE Presidents of Students' Union Vice President of High School and College Students Organizations City Administrator [The City Administrator will be heading the Task Force and shall provide the needs of the team in relation to the accomplishment of the task and responsibility.      Whereas, that after the inspection within a number of days sufficient to finish the task, the team through the head shall submit a comprehensive report as soon as possible to the Sangguniang Panlungsod through the Committee on Youth and Sports for proper action and in aid of legislation].      NOW, THEREFORE, upon motion of Honorable Angelo S. Calo, jointly seconded by Honorable Jaime M. Cembrano, Jr., and Honorable Apolinario M. Asis, be it -      RESOLVED, AS IT IS HEREBY RESOLVED, to create an Inter-Agency "Bantay-Bata" Task Force which shall be tasked to inspect establishments employing minors in KTV Bars and other related establishments; and other violations thereof of the existing youth related ordinances/policies.      RESOLVED FURTHER, that in the implementation of this Resolution, the same shall be coordinated with the Program Implementation Committee of the Child Labor Program of the City Government of Butuan.      RESOLVED FINALLY, to furnish a copy of this Resolution to all concerned for their information and appropriate action. UNANIMOUSLY APPROVED ENACTED: March 8, 1996 APPROVED: March 28, 1996 ATTESTED: REMEDIOS H. GONZALES City Gov't Dept. Head III City Secretary APPROVED: LEOVIGILDO B. BANAAG Vice-Mayor Presiding Officer Back to Index      2. Resolution No. 4 REPUBLIC OF THE PHILIPPINES REGIONAL SUB-COMMITTEE FOR THE WELFARE OF CHILDREN REGION VIII RESOLUTION NO. 4 Series of 1994 RESOLUTION REQUESTING ALL LOCAL GOVERNMENT UNITS IN REGION VIII TO ENACT OMNIBUS ORDINANCE PROHIBITING CHILDREN BELOW 15 YEARS OLD TO DRIVE PEDICABS.      WHEREAS, the State ensures the protection, health safety, morals and normal development of the child;      WHEREAS, Republic Act 7658 prohibits the employment of children below 15 years old in hazardous and deleterious occupation;      WHEREAS, children below 15 years old is allowed to work under the sole responsibility of their parents or legal guardian provided that the parents or the legal guardian provides him with the primary and secondary education.      WHEREAS, it is observed that a great number of children below 15 years old are driving pedicabs;      WHEREAS, children of this age should be in school and not in the streets driving pedicabs;      WHEREAS, driving pedicabs by children below 15 is considered as hazardous and deleterious occupations, thereby endangers the health and safety of these children; NOW THEREFORE BE IT,      RESOLVED AS IT IS HEREBY RESOLVED, by the Regional Council for the Welfare of Children (RSCWC) in a meeting assembled, to request all LGUs in the region to enact an omnibus ordinance prohibiting children below 15 years old to drive pedicabs.      RESOLVED FURTHER, that a copy of this resolution be forwarded to all Governors, City/Municipal Mayors, Sanggunian Panlalawigan/Bayan. Regional Director, PNP Region VIII/City Municipal Station Commanders-Region VIII and the Regional Peace and Order Council.      Approved upon the motion of Hon. Rebecca C. Pacanan and duly seconded by Mrs. Gabina L. Raagas on October 12, 1993.      Done in the City of Tacloban this 12th day of October in the year of our Lord nineteen hundred and ninety four.      DIR. ROSARIO P. NOVIZA      Chairman, RSCWC VIII      Field Office      Department of Social Welfare      and Development Back to Index      3. Ordinance No. 06 Republic of the Philippines PROVINCE OF NEGROS OCCIDENTAL MUNICIPALITY OF HINIGARAN Office of the Secretary ORDINANCE NO. 06 Series of 1994 AN ORDINANCE PRESCRIBING RULES AND REGULATION IN THE EMPLOYMENT OF CHILDREN FROM 15 TO 18 YEARS OLD IN THE MANUFACTURING OF PYROTECHNICS AND FIRECRACKERS WITHIN THE TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF HINIGARAN, PROVINCE OF NEGROS OCCIDENTAL, AND PROVIDING PENALTY FOR THE VIOLATION THEREOF. x x x Now Therefore:      Section 1 - No children below 15 years old shall be employed by any person, group, or organization or company during weekends, holidays and whenever there are no classes;      Section 2 - Every person, group, or organization or company shall keep in detail a record of the following: Section A. A registry of all children employed by him indicating the dates of their birth; Section B. A separate file forthe written consent of their parents or guardians to their employment; Section C. A separate file for their education and medical certificates;      Section 3 - Children 15 to 18 years old, may be employed in the pyrotechnics provided, the following are observed; Section A. The employer shall ensure the protection of health and safety of the child; Section B. The employer shall institute measure to prevent exploitation or discrimination, taking into account the system and level of remuneration and duration and arrangement of working time; Section C. Employer shall formulate and implement a continues program and training and skills acquisition of the child x x x      Section 5 - Work Practices Section A. A child worker shall be restricted only to non-hazardous operation such as wrapping of wick, drying and collection of finished product and packing to designated work places segregated from hazardous processes; Section B. Young workers shall be equipped with a suitable protective equipment; Section C. Open flames and sources of sparks shall be prohibited near or within the vicinity of the production site; Section D. Strict control in all phases of work shall be observed and fire extinguishers shall be provided in case of fire emergencies; x x x      Section 7 - Health Control and Supervision Section A. Child workers should wear masks at all times when working; Section B. They should wash their hands and face thoroughly before, eating, drinking or before leaving the premises; Section C. Introduction, preparation and consumption of food and drinks in the work room shall be prohibitted; Section D. There should be periodic physical and annual medical examination of children working in pyrotechnics such as X-ray and laboratory examination; Section E. Physical complaint and injury suffered in the course of work should be reported promptly to owner and operators; x x x      Section 11 - Penalty      Any person or group of persons who violate this ordinance shall upon conviction by the court, be fined in an amount of not less than One Thousand (P1,000.00) pesos and a maximum of not exceeding Two Thousand (P2,000.00) pesos or an imprisonment of not less than One (1) month but not exceeding Two (2) months or both fine and imprisonment at the discretion of the court and in addition to the cancellation of her/his license and business permit.      Section 12 - Effectivity - This ordinance shall take effect upon the approval of the Sangguniang Panlalawigan of Negros Occidental. Sponsored by: Kagawad Teresita B. Jolo Seconded by: Kagawad Jose Nadie P. Arceo and Kagawad Roy Guanzon Approved: August 16, 1994      I hereby certify to the correctness of the above quoted ordinance. Caroll Y. Guanco Vice Mayor, Presiding Attested: Teresita B. Ablao Acting Secretary to the Sangguniang Bayan Approved : Hermilo L. Aguilar Municipal Mayor Back to Index      4. SP Ordinance No. 1025-94 Republika ng Pilipinas TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan SP ORDINANCE - 1025-94 AN ORDINANCE BANNING PERSONS WHO ARE LESS THAN 18 YEARS OF AGE FROM LOITERING, ENTERING OR WORKING IN THE PREMISES OF A MASSAGE AND SAUNA BATH PARLORS, BEER HOUSES, BEER GARDENS, HOTELS, MOTELS OR LODGING HOUSES AND PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES      Be it ordained by the Sangguniang Panlungsod ng Butuan in its session assembled. that:      SECTION 1. All persons who are less than 18 years of age are banned from loitering, entering or working in the premises of massage parlor and/or sauna, beer houses, beer gardens, hotels, motels or lodging houses within the City or Butuan.      SECTION 2. Exceptions. The provision of Section 1 hereof shall not apply to minors who on a legitimate or licit purpose enter the premises of the hotels or lodging houses in the company of their parents, guardians, chaperons or person exercising substitute parental authority.      SECTION 3. Definition. For the purpose of this Ordinance the following terms are defined, to wit: 1. Hotel - is an establishment that provides lodging and meals, entertainment, and various personal services for the public. 2. Motel - is an establishment which provides lodging and parking and in which the rooms are used accessible from an out door parking area. 3. Lodging House - is a place where one is living for a time. 4. Massage Parlor - is an establishment that provides massage treatment. 5. Sauna - is a finish steam bath in which, the steam is provided by water thrown on hot stones; also a bathhouse or room used for such bath.      SECTION 4. Any minor and/or owner or manager of the establishment who violates the provisions of Section 1 hereof shall be punished as follows, to wit: 1st Offense - P 100.00 for the minors 500.00 for the establishment 2nd Offense - P 300.00 for the minors 1,000.00 for the establishment 3rd Offense - P1,000.00 and one [1] day imprisonment for the minors 2,000.00 for the establishment and suspension or cancellation of the Mayor's Permit.      A Citation Ticket will be issued to the offenders and the establishment by the Children and Youth Relation Section and the corresponding payment will be paid at the City Treasurer's Office.      SECTION 5. The revenues earned in the enforcement of this Ordinance will be used for the operation of the Children and Youth Relation Section.      SECTION 6. All Ordinances shall take effect for [10] days after a copy of it is posted at the Bulletin Board of the City Hall and in two [2] other conspicuous places in the City of Butuan, and after the salient features thereof are published in a newspaper of general circulation in the City of Butuan.      UNANIMOUSLY APPROVED. ENACTED: July 15, 1994 APPROVED: July 29, 1994 APPROVED: LEOVIGILDO B. BANAAG SP Member Acting Presiding Officer ATTESTED: REMEDIOS H. GONZALES City Gov't Dept. Head III City Treasurer LEOVIGILDO B. BANAAG SP Member Acting Presiding Officer Back to Index      5. Ordinance No. 201 SANGGUNIANG PANGLUNGSOD RESOLUTION NO. 1983-94 ORDINANCE NO. 201 AN ORDINANCE PROHIBITED THE HIRING OR MINORS AS WAITRESSES, ENTERTAINERS, HOSPITALITY GIRLS OR COMMERCIAL SEX WORKERS IN ANY LOCAL RESTAURANT, BEERHOUSES, PUB, KARAOKE, CLUB AND SIMILAR ESTABLISHMENT WITHIN THE CITY OF LAPU-LAPU PREPARATORY STATEMENTS:      WHEREAS, it seeks to give more teeth to Republic Act No. 7610, otherwise known as "The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act" which was passed in 1992;      WHEREAS, it aimed at curbing child abuse and exploitation of minors and promoting children's rights and welfare; and therefore, it stressed that minors in such establishments are exposed to risks and conditions detrimental to their health and mental development.      Be it ordained by the Sangguniang Panlungsod of the City of Lapu-Lapu, that;      Section 1. The hiring of minors, who are below 18 years old, as waitresses, entertainers, hospitality girls or commercial sex workers in any local restaurant, beerhouse, pub, karaoke, club and similar establishments within the City of Lapu-Lapu shall be prohibited.      Section 2. Any person, operator or owner/managers of any restaurant, beerhouse, pub, karaoke, club or similar establishment who shall violate the provisions of Section 1 hereof shall be prohibited.      Upon filling of the said offense, the business establishment shall be deemed closed, thereof, revoking the business or mayor's permit covering therein.      Section 3. This ordinance shall take effect fifteen (15) days from its approval and publication in the newspaper of general circulation in the Province of Cities of Cebu. ENACTED: May 20, 1994. APPROVED: May 30, 1994.      I hereby certify to the correctness of the above-quoted ordinance. RODULFO S. YMBONG City Secretary ATTESTED: ARTURO O. RADAZA Vice Mayor & Presiding Officer ROBIN E. DIMATIGA Secretary to the Mayor APPROVED: ERNEST H. WEIGEL, JR. City Mayor Back to Index      6. Ordinance No. 7780 ORDINANCE NO. 7780 AN ORDINANCE PROHIBITING AND PENALIZING THE PRINTING, PUBLICA-TION, SALE, DISTRIBUTION AND EXHIBITION OF OBSCENE AND POR-NOGRAPHIC ACTS AND MATERIALS, AND THE PRODUCTION, RENTAL, PUBLIC SHOWING AND VIEWING OF INDECENT AND IMMORAL MOVIES, TELEVISION SHOWS, MUSIC RECORDS, VIDEO AND VHS TAPES, LASER DISCS, THEATRI-CAL OR STAGE AND OTHER LIVE PERFORMANCES, EXCEPT THOSE REVIEWED BY THE MOVIE, TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB). Be it ordained by the City Council of Manila, THAT:      Section 1. Title: This ordinance shall be known as the ANTI- OBSCENITY AND PORNOGRAPHY ordinance of the City of Manila.      Section 2. Definition of Terms: As used in this ordi-nance, the terms:      a. "Obscene" shall refer to any material or act that is indecent, erotic, lewd or offensive, or contrary to morals, good customs or religious beliefs, principles or doctrines, or to any material or act that tends to corrupt or deprive the human mind, or is calculated to excite impure imagination or arouse prurient interest, or is unfit to be seen or heard, or which violates the proprieties of language or behavior, regardless of the motive of the printer, publisher, seller, distributor, performer or author of such act or material, such as but not limited to: 1. printing, showing, depicting or describing sexual acts; 2. printing, showing, depicting or describing children in sexual acts; 3. printing, showing, depicting or describing completely nude human bodies; and 4. printing, showing, depicting or describing the human sexual organs or the female breasts.      b. "Pornographic or pornography" shall refer to such objects or subjects of photography, movies, music records, video and VHS tapes, laser discs, billboards, television, magazines, news-papers, tabloids, comics and live shows calculated to excite or stimulate sexual drive or impure imagination, regardless of the motive of the author thereof, such as, but not limited to the following: 1. performing live sexual acts in whatever form; 2. those other than live performances showing, depicting or describing sexual acts; 3. those showing, depicting or describing children in sexual acts; 4. those showing, depicting, or describing completely nude human bodies, or showing, depicting or describing the human sexual organs or the female breasts.      c. "Materials" shall refer to magazines, newspapers, tabloids, comics, writings, photographs, drawings, paintings, billboards, decals, movies, music records, video and VHS tapes, laser discs, and similar matters.      Section 3. Prohibited Acts: The printing, publishing, distribu-tion, circulation, sale and exhibition of obscene and pornograph-ic acts and materials and the production, public showing and viewing of video and VHS tapes, laser discs, theatrical or stage and other live performances and private showing for public con-sumption, whether for free or for a fee, of pornographic pictures as herein defined are hereby prohibited within the City of Manila and accordingly penalized as provided herein.      Section 4. Penalty Clause: Any person violating this ordi-nance shall be punished as follows:      1. for printing, publishing, distribution or circulation of obscene or pornographic materials; the production or showing of obscene movies, television shows, stage and other live per-formances; for producing or renting obscene video and VHS tapes, laser discs, for viewing obscene movies, television shows, video and VHS tapes, and laser discs or stage and other live perform-ances; and for performing obscene acts on stage and other live performances - imprisonment of one (1) year or fine of five thou-sand (P5,000.00) pesos, or both, at the discretion of the court.      2. for the selling of obscene or pornographic materials -imprisonment of not less than six (6) months nor more than one (1) year or a fine of not less than one thousand (P1,000.00) pesos, nor more than three thousand (P3,000.00) pesos.      Provided, that in case the offender is a juridical person, the President and the members of the board of directors, shall be held criminally liable; Provided, further, that in case of con-viction, all pertinent permits and licenses issued by the City Government to the offender shall automatically be revoked and the obscene or pornographic materials shall be confiscated in favor of the City Government for destruction; Provided, further-more, that in case the offender is a minor and unemancipated and unable to pay the fine, his parents or guardian shall be liable to pay such fine; Provided finally, that this ordinance shall not apply to materials printed, distributed, exhibited, sold, filmed, rented, viewed or produced by reason of or in connection with or in furtherance of science and scientific research and medical or medically related, art, profession, and for educational purposes.      Section 5. Repealing Clause: All ordinances, rules and regula-tions or parts thereof in conflict or inconsistent with the provisions of this ordinance are hereby repealed, amended or modified accordingly.      Section 6. Separability Clause: If any provision of this ordinance is declared void, the provisions not affected thereby shall remain in full force and effect.      Section 7. Effectivity: This ordinance shall take effect thirty (30) days after publication in a newspaper of general circulation in the City of Manila.      Enacted by the City Council of Manila at its regular session today, January 28, 1993.      Approved by His Honor, the Mayor on February 19, 1993. APPROVED: ALFREDO S. LIM Mayor City of Manila JOSE L. ATIENZA, JR. Vice-Mayor and Presiding Officer City Council, Manila ATTESTED: RAFAELITO M. GARAYBLAS Secretary to the Mayor EMMANUEL R. SISON Secretary to the City Council Back to Index      7. Ordinance No. 7791 ORDINANCE NO. 7791 AN ORDINANCE PROHIBITING SEXUAL RELATIONS WITH, AND SOLICITATION OR PROCUREMENT OF, PROSTITUTES AND OTHER RELATED ACTS, PROVIDING PENALTIES THEREFOR. Be it ordained by the City Council of Manila, THAT:      Section 1. Declaration of Policy - It is hereby declared the policy of the City of Manila that prostitution is a social menace that destroys the moral integrity of a person and which causes irreparable damage to the image of both the City and the Filipino nation and must be stopped at all cost.      Section 2. Prohibited Acts - Pursuant to the above de-clared policy, it shall be unlawful for any person:      a. to have sexual relations with a prostitute for some consideration including payment but not limited to sums of money;       b. to solicit, procure, pimp or pander; and       c. to act as a middle person or go-between for a third person and a prostitute in any place in the City of Manila for purposes of prostitution.      Section 3. Definition of Terms - as used in this ordi-nance, the following words shall have their corresponding mean-ings, to wit:       a. PROSTITUTE - is a person who habitually engages in sexual relations with another person for profit, gain or fee.       b. PROSTITUTION - refers to the act of habitually engag-ing in sexual relations with persons for certain considerations including payment but not limited to sums of money.       c. SOLICITOR, PROCURER, PANDER OR PIMP - is a person who secures or engages the services of a prostitute for sexual rela-tions or who otherwise acts as middle person or go-between for a third person and a prostitute for purposes of facilitating pros-titution whether or not sexual relation is actually performed or consummated.      d. SEXUAL RELATION - any act committed for sexual gratifica-tion to include sexual intercourse, touching, manipulation, acts of lasciviousness and other similar conduct.      Section 4. Penal Clause - Violation of this Ordinance shall be punishable by a fine of Five thousand (P5,000.00) pesos or imprisonment of one (1) year, or both such fine and imprisonment at the discretion of the court, Provided that:      a. if the violator is a foreigner, he/she shall in addition to penalties prescribed herein, be subject to deportation as may be determined by the proper authorities.      b. in case the violator is between the ages of 10 to 17 years, he/she shall pay a fine of not more than Two thousand five hundred (P2,500.00) pesos or suffer imprisonment of not more than six months, or both such fine and imprisonment, at the discretion of the court.      Section 5. Repealing Clause - Any Ordinance or portions thereof, which are inconsistent or contrary to this Ordinance or portions hereof are hereby deemed repealed or modified according-ly. Section 6. Separability Clause - If for any reason any provision of this Ordinance is declared invalid or unconstitu-tional, the remaining provisions that are not affected thereby shall continue to be in full force and effect.      Section 7. Effectivity Clause - This Ordinance shall take effect on and after the twentieth day following its publication.      Enacted by the City Council of Manila at its regular session today, June 3, 1993.      Approved by His Honor, the Mayor on June 11, 1993 APPROVED: ALFREDO S. LIM Mayor City of Manila JOSE L. ATIENZA, JR. Vice-Mayor and Presiding Officer City Council, Manila ATTESTED: RAFAELITO M. GARAYBLAS Secretary to the Mayor EMMANUEL R. SISON Secretary to the City Council Back to Index      8. Ordinance No. 92-012 REPUBLIC OF THE PHILIPPINES SANGGUNIANG PANLUNGSOD City of Zamboanga ORDINANCE NO. 92-012 AN ORDINANCE REGULATING THE OPERATION OF PEDICAB IN THE CITY OF ZAMBOANGA AND PROVIDING PENALTY FOR VIOLATIONS THEREOR xxx ARTICLE IV - PEDICAB DRIVER      SECTION 1. - No person shall be allowed to drive a pedicab either for public or private use, unless he is issued a license to drive a pedicab by the Office of the City Mayor upon payment of a free of TWENTY FIVE (P 25.00) PESOS and upon submission of the following requirements: 1. Two (2) copies of 1 x 1 pictures 2. Birth Certificate or Voter's Affidavit 3. Medical Certificate issued by a government physician 4. Police Clearance 5. Fiscal Clearance 6. Barangay Clearance      SECTION 2. - No person shall be issued a license to drive a pedicab unless he is Eighteen (18) years of age, and has passed the examination conducted by the Office of the City Mayor. The Office of the City Mayor shall require attendance to a similar or traffic rules and regulations to be conducted by the Traffic Division of the Police District concerned or any agency designated by the Office of the City Mayor before a license can be issued or renewed.      SECTION 3. - No public utility/commercial use pedicab driver shall be allowed to drive with slippers, wearing short pants, sleeveless clothes and smoking while driving. xxx ARTICLE X - EFFECTIVITY      SECTION 1. - This Ordinance shall take effect in accordance with the provisions of the New Local Government Code of 1991. ENACTED: DECEMBER 28, 1992. ROBERTO W. S. KO City Vice Mayor III Presiding Officer Back to Index      9. MMC Ordinance No. 85-04 METROPOLITAN MANILA COMMISSION MMC ORDINANCE NO. 85-04 PROVIDING PENALTIES FOR PROSTITUTION AND/OR SEXUAL EXPLOITATION OF MINORS AND FOR OTHER PURPOSES      WHEREAS, recently published reports concerning cases of prostitution and/or sexual exploitation of minors in many places of our country, particularly the Metro Manila area, have alarmed both the government and concerned private citizens group;      WHEREAS, it is felt that existing penal laws and local ordinances on various crimes/offenses against public morals and child welfare do not adequately cover such cases of prostitution and/or sexual exploitation of minors;      WHEREAS, it is the duty of the government to provide meas-ures for the promotion of the welfare of children and to protect them against exploitation, improper influence, hazards, and other conditions or circumstances prejudicial to their physical, men-tal, emotional, social and moral development;      NOW, THEREFORE, be it ordained by the Metropolitan Manila Commission, acting through its Chairman and Governor of Metropolitan Manila, pursuant to Presidential Decree No. 824, as amended that:      Section 1. Definition of Terms - Whenever used in this ordinance, the following terms or phrases shall be taken and understood in the sense indicated hereunder, unless the context otherwise requires:      a. Minor - shall refer to any person under eighteen (18) years of age.      b. Prostitution - shall mean the act of sexual intercourse or lascivious conduct with another person of the same or opposite sex, for monetary or other consideration.      c. Sexual Exploitation - shall pertain to the satisfaction of lust by any act other than sexual intercourse, such as manipulation of sex organs, masturbation, oral sex, anal sex, or the employment, use, persuasion, enticement, or coercion of any minor to engage in, or of a minor to assist any other minor to indulge in any sexual conduct, or engaging minors to perform sexual acts, and/or similar acts, for monetary or other consideration.      d. Relative - shall include the parents, adopting parents, step-parent, grandparent, foster parent or guardian, uncle, aunt, granduncle, grandaunt, or any other relative by consanguinity (whether full or half-blood) or by affinity, within the sixth civil degree.      Section 2. Prostitution and/or Sexual Exploitation of Minors - Any person who shall avail of the service of a minor for prostitution and/or sexual exploitation shall suffer the penalty of imprisonment of not less than one (1) year nor more than four (4) years or a fine of not less than Two thousand pesos (P2,000.00) but not exceeding Eight thousand pesos (P8,000.00) or both such fine and imprisonment at the discretion of the court. The offender shall in addition pay Ten thousand pesos (P10,000.00) which shall form part of the funds for the rehabilitation of the offended minor.      Section 3. Legal Presumption - The following persons are presumed to engage in the prostitution/sexual exploitation of minors:      a. Any person who, not being a relative of a minor, is found alone under suspicious circumstances with the said minor inside the room and/or cubicle of an inn, hotel, motel, pension house. apartelle or other similar establishments.      b. Any person who, in the company of a minor not related to him, is found showing/exhibiting pornographic films, photographs and other similar materials to such minors.      c. Any person receiving services from a minor in a sauna parlor or bath, massage clinic, health club and other similar establishments.      Section 4. Corruption of Minors - Any person who shall promote, facilitate or induce the prostitution and/or sexual exploitation of minors through coercion, deceits or other means for his or her benefit shall suffer the same penalty provided in Section 2 hereof.      Section 5. Liability of Owner, Operator, Manager, Adminis-trator, Caretaker or Tender of any Hotel, Motel, Apartelle, Pension House, Inn, as well as Bars or Baths, Massage Clinics, Lounges, Disco Clubs, Sauna Parlors or Baths, Massage Clinics, Health Clubs and Other Similar Establishments. - Any owner, opera-tor, manager, administrator, caretaker or tender of any hotel, motel, apartelle, pension house, inn, as well as bars, nightclubs, cocktail lounges, disco clubs, sauna parlors or baths, massage clinics, health clubs and other similar establishments who ad-mits, allows, permits or otherwise neglects to prevent the entry and stay of a minor into said place to facilitate the commission of the acts penalized under Section 2 hereof shall be liable for imprisonment of not less than six (6) months nor more than (2) years or a fine of not less than One thousand pesos (P1,000.00) but not more than Four thousand pesos (P4,000.00) or both such fine and imprisonment at the discretion of the court. The offender shall in addition pay Five thousand pesos (P5,000.00) which shall form part of the funds for the rehabilita-tion of the offended minor.      Section 6. Neglect/Failure to Report to Authorities - Any person who knows of the sexual exploitation or prostitution of a minor but fails, refuses or neglects to denounce, report or inform the proper authorities of said exploitation or prostitu-tion, shall suffer the penalty of imprisonment of not more than (1) year or a fine not exceeding Two thousand pesos (P2,000.00) or both such fine and imprisonment at the discretion of the court.      Section 7. Offense/s Committed by Relatives - If the person committing any of the offense/s provided in Sections 2, 4, and 6 hereof be a relative of the minor, the penalty shall be imposed in its maximum period.      For purposes of this Ordinance, a public officer, guardian, teacher, or any person, charged with the care and/or custody of the minor shall be considered a relative of the minor.      Section 9. Rehabilitation of Minors - The minor shall not be criminally prosecuted but shall be placed under the rehabili-tation or reformation and committed to the care of his or her parents, relatives or family friend, or to the Ministry of Social Services Development (MSSD), subject to such condition as the court may impose.      The funds mentioned in Sections 2 and 5 hereof shall be administered by the Metropolitan Manila Commission (MMC) as a trust fund and disbursed for the rehabilitation of offended minors under this ordinance.      Section 10. Role of the Committee on Justice - It shall be the responsibility of the Metro Manila Committee on Justice to monitor the status/progress of cases filed with the Fiscal's Office or the court under this ordinance.      Section 11. Responsibility of Mayors and Police Authori-ties- It shall be the responsibility of the Mayors in coordina-tion with the police authorities to strictly enforce the provi-sions of this Ordinance within their respective areas or juris-diction.      Section 12. Effectivity -This Ordinance shall take effect thirty (30) days after its approval.      Done in Quezon City, this 30th day of October in the Year of Our Lord, Nineteen Hundred and Eighty Five. Imelda Romualdez Marcos Governor by: Ismael A. Mathay, Jr.     Vice-Governor Back to Index L. LIABILITIES OF HOTEL/MOTEL OWNERS      1.Department of Tourism Administrative Order No. 95-17 ADMINISTRATIVE ORDER NO. 95-17 Series of 1995      Pursuant to the provisions of Executive Order No. 120 and the Rules and Regulations governing accommodation establishments, all accredited hotels, resorts, tourist inns, motels, apartels and pension houses are hereby enjoined to observe and/or comply with Section 40, Chapter X of the Rules which provides the following to wit: "Managers or operators of hotels, resorts, tourist inns, motels, apartels and pension houses shall exert all possible efforts not to permit any person, whom they know or have reason to believe to be either a prostitute, a pedophile or of questionable character, to occupy a room or to enter the premises of the establishment. To accomplish this end, they shall immediately report to the nearest police station or to the Tourist Security Division personnel of the Department of Tourism the presence of any such person in the premises."      Any violation of the above-mentioned provision may be a valid ground for the cancellation of the establishment's accreditation with this Department without prejudice to the filing of the appropriate case against the errant establishment. For strict compliance. 26 July 1995 EDUARDO P. PILAPIL Secretary Back to Index      2. B.T.S. Circular No. 11 Back to Index M. INTERNATIONAL TRAFFICKING AND PROSTITUTION Back to Index