Law

Republic Act 8043
• “The Inter Country Adoption Act of 1995”

• "AN ACT ESTABLISHING THE RULES TO GOVERN
INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN,
AND FOR OTHER PURPOSES“
Section 2. Declaration of Policy. — It is hereby declared
the policy of the State to provide every neglected and
abandoned child with a family that will provide such
child with love and care as well as opportunities for
growth and development. Towards this end, efforts
shall be exerted to place the child with an adoptive
family in the Philippines.
Republic Act 8043
However, recognizing that inter country adoption
may be considered as allowing aliens not
presently allowed by law to adopt Filipino
children if such children cannot be adopted by
qualified Filipino citizens or aliens, the State shall
take measures to ensure that inter-country
adoptions are allowed when the same shall prove
beneficial to the child's best interests, and shall
serve and protect his/her fundamental rights.
REPUBLIC ACT 8043 ART. II
THE INTER-COUNTRY ADOPTION BOARD
Sec. 4. The Inter-Country Adoption Board. — There
is hereby created the Inter-Country Adoption
Board, hereinafter referred to as the Board to act
as the central authority in matters relating to
inter-country adoption. It shall act as the policy-
making body for purposes of carrying out the
provisions of this Act, in consultation and
coordination with the Department, the different
child-care and placement agencies, adoptive
agencies, as well as nongovernmental
organizations engaged in child-care and
placement activities. As such, it shall:
• (a) Protect the Filipino child from abuse, exploitation,
trafficking and/or sale or any other practice in connection
with adoption which is harmful, detrimental, or prejudicial
to the child;
• (b) Collect, maintain, and preserve confidential
information about the child and the adoptive parents;
• (c) Monitor, follow up, and facilitate completion of
adoption of the child through authorized and accredited
agency;
• (d) Prevent improper financial or other gain in connection
with an adoption and deter improper practices contrary to
this Act;
• (e) Promote the development of adoption services
including post-legal adoption;
• (f) License and accredit child-caring/placement
agencies and collaborate with them in the
placement of Filipino children;
• (g) Accredit and authorize foreign adoption
agency in the placement of Filipino children in
their own country; and
• (h) Cancel the license to operate and blacklist the
child-caring and placement agency or adoptive
agency involved from the accreditation list of the
Board upon a finding of violation of any provision
under this Act.
REPUBLIC ACT 8043 ART. III
PROCEDURE
Sec. 8. Who May be Adopted. — Only a legally free
child may be the subject of inter-country
adoption. In order that such child may be
considered for placement, the following
documents must be submitted to the Board:
• a)Child study;
• (b)Birth certificate/foundling certificate;
• (c)Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
PROCEDURE
• (d)Medical evaluation /history;
• (e)Psychological evaluation, as necessary; and
• (f)Recent photo of the child.
Sec. 9. Who May Adopt. — An alien or a Filipino citizen
permanently residing abroad may file an application
for inter-country adoption of a Filipino child if he/she:
• (a) is at least twenty-seven (27) years of age and at
least sixteen (16) years older than the child to be
adopted, at the time of application unless the
adopter is the parent by nature of the child to be
adopted or the spouse of such parent:
PROCEDURE
• (b) if married, his/her spouse must jointly file for
the adoption;
• (c) has the capacity to act and assume all rights
and responsibilities of parental authority under
his national laws, and has undergone the
appropriate counseling from an accredited
counselor in his/her country;
• (d) has not been convicted of a crime involving
moral turpitude;
• (e) is eligible to adopt under his/her national law;
PROCEDURE
Sec. 10. Where to File Application. — An application
to adopt a Filipino child shall be filed either with
the Philippine Regional Trial Court having
jurisdiction over the child, or with the Board,
through an intermediate agency, whether
governmental or an authorized and accredited
agency, in the country of the prospective adoptive
parents, which application shall be in accordance
with the requirements as set forth in the
implementing rules and regulations to be
promulgated by the Board.
PROCEDURE
• (f) is in a position to provide the proper care and support
and to give the necessary moral values and example to all
his children, including the child to be adopted;
• (g) agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N. Convention on
the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of this Act;
• (h) comes from a country with whom the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that
adoption is allowed under his/her national laws; and
• (i) possesses all the qualifications and none of the
disqualifications provided herein and in other applicable
Philippine laws.
PROCEDURE
The application shall be supported by the
following documents written and officially
translated in English.
• (a) Birth certificate of applicant(s);
• (b) Marriage contract, if married, and divorce
decree, if applicable;
• (c) Written consent of their biological or adoptive
children above ten (10) years of age, in the form
of sworn statement;
• (d) Physical, medical and psychological evaluation
by a duly licensed physician and psychologist;
PROCEDURE
• (e) Income tax returns or any document showing the
financial capability of the applicant(s);
• (f) Police clearance of applicant(s);
• (g) Character reference from the local
church/minister, the applicant's employer and
member of the immediate community who have
known the applicant(s) for at least five (5) years; and
• (h) Recent postcard-size pictures of the applicant(s)
and his immediate family;
• The Rules of Court shall apply in case of adoption by
judicial proceedings.
REPUBLIC ACT 8043 ART. IV
PENALTIES
Sec. 16. Penalties. —
• (a) Any person who shall knowingly participate in the
conduct or carrying out of an illegal adoption, in violation
of the provisions of this Act, shall be punished with a
penalty of imprisonment ranging from six (6) years and
one (1) day to twelve (12) years and/or a fine of not less
than Fifty thousand pesos (P50,000), but not more than
Two hundred thousand pesos (P200.000), at the discretion
of the court. For purposes of this Act, an adoption is illegal
if it is effected in any manner contrary to the provisions of
this Act or established State policies, its implementing
rules and regulations, executive agreements, and other
laws pertaining to adoption. Illegality may be presumed
from the following acts:
PENALTIES
• (1)consent for an adoption was acquired through,
or attended by coercion, fraud, improper material
inducement;
• (2)there is no authority from the Board to effect
adoption;
• (3)the procedures and safeguards placed under
the law for adoption were not complied with; and
• (4)the child to be adopted is subjected to, or
exposed to danger, abuse and exploitation.
PENALTIES
• (b)Any person who shall violate established
regulations relating to the confidentiality and
integrity of records, documents and
communications of adoption applications, cases
and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one
(1) day to two (2) years, and/or a fine of not less
than Five thousand pesos (P5,000), but not more
than Ten thousand pesos (P10,000), at the
discretion of the court.
PENALTIES
• A penalty lower by two (2) degrees than that
prescribed for the consummated felony under
this Article shall be imposed upon the principals
of the attempt to commit any of the acts herein
enumerated.
• Acts punishable under this Article, when
committed by a syndicate or where it involves two
or more children shall be considered as an offense
constituting child trafficking and shall merit the
penalty of reclusion perpetua.
PENALTIES
• Acts punishable under this Article are 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 of the unlawful acts defined under this
Article. Penalties as are herein provided shall be
in addition to any other penalties which may be
imposed for the same acts punishable under
other laws, ordinances, executive orders, and
proclamations.
REPUBLIC ACT NO. 8552 ART. I
GENERAL PROVISIONS
• “Domestic Adoption Act of 1998”
• AN ACT ESTABLISHING THE RULES AND POLICIES ON
THE DOMESTIC ADOPTION OF FILIPINO CHILDREN
AND FOR OTHER PURPOSES
Section 2. Declaration of Policies. – (a) It is hereby
declared the policy of the State to ensure that every
child remains under the care and custody of his/her
parent(s) and be provided with love, care,
understanding and security towards the full and
harmonious development of his/her personality. Only
when such efforts prove insufficient and no
appropriate placement or adoption within the child's
extended family is available shall adoption by an
unrelated person be considered.
GENERAL PROVISIONS
(b) In all matters relating to the care, custody and adoption
of a child, his/her interest shall be the paramount
consideration in accordance with the tenets set forth in
the United Nations (UN) Convention on the Rights of the
Child; UN Declaration on Social and Legal Principles
Relating to the Protection and Welfare of Children with
Special Reference to Foster Placement and Adoption,
Nationally and Internationally; and the Hague Convention
on the Protection of Children and Cooperation in Respect
of Inter country Adoption. Toward this end, the State shall
provide alternative protection and assistance through
foster care or adoption for every child who is neglected,
orphaned, or abandoned.
GENERAL PROVISIONS
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from
making hurried decisions to relinquish his/her
parental authority over his/her child;
(ii) Prevent the child from unnecessary
separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts
to disturb his/her parental authority and custody
over his/her adopted child.
GENERAL PROVISIONS
• Any voluntary or involuntary termination of
parental authority shall be administratively or
judicially declared so as to establish the status of
the child as "legally available for adoption" and
his/her custody transferred to the Department of
Social Welfare and Development or to any duly
licensed and accredited child-placing or child-
caring agency, which entity shall be authorized to
take steps for the permanent placement of the
child;
GENERAL PROVISIONS
(iv) Conduct public information and educational
campaigns to promote a positive environment for
adoption;
(v) Ensure that sufficient capacity exists within
government and private sector agencies to handle
adoption inquiries, process domestic adoption
applications, and offer adoption-related services
including, but not limited to, parent preparation and
post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to
preserve the child's identity and culture in his/her
native land, and only when this is not available shall
inter country adoption be considered as a last resort.
REPUBLIC ACT NO. 8552 ART. II
PRE-ADOPTION SERVICES
Section 4. Counseling Service. – The Department shall
provide the services of licensed social workers to the
following:
(a) Biological Parent(s) – Counseling shall be provided to
the parent(s) before and after the birth of his/her
child. No binding commitment to an adoption plan
shall be permitted before the birth of his/her child. A
period of six (6) months shall be allowed for the
biological parent(s) to reconsider any decision to
relinquish his/her child for adoption before the
decision becomes irrevocable. Counseling and
rehabilitation services shall also be offered to the
biological parent(s) after he/she has relinquished
his/her child for adoption.
REPUBLIC ACT NO. 8552 ART. II
PRE-ADOPTION SERVICES
Steps shall be taken by the Department to ensure that
no hurried decisions are made and all alternatives for
the child's future and the implications of each
alternative have been provided.
(b) Prospective Adoptive Parent(s) – Counseling
sessions, adoption fora and seminars, among others,
shall be provided to prospective adoptive parent(s) to
resolve possible adoption issues and to prepare
him/her for effective parenting.
(c) Prospective Adoptee – Counseling sessions shall be
provided to ensure that he/she understands the
nature and effects of adoption and is able to express
his/her views on adoption in accordance with his/her
age and level of maturity.
REPUBLIC ACT NO. 8552 ART. III
ELIGIBILITY
Section 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full
civil capacity and legal rights, of good moral character,
has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of
caring for children, at least sixteen (16) years older
than the adoptee, and who is in a position to support
and care for his/her children in keeping with the
means of the family. The requirement of sixteen (16)
year difference between the age of the adopter and
adoptee may be waived when the adopter is the
biological parent of the adoptee, or is the spouse of
the adoptee's parent;
ELIGIBILITY
(b) Any alien possessing the same qualifications as above
stated for Filipino nationals: Provided, That his/her
country has diplomatic relations with the Republic of the
Philippines, that he/she has been living in the Philippines
for at least three (3) continuous years prior to the filing of
the application for adoption and maintains such residence
until the adoption decree is entered, that he/she has been
certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal
capacity to adopt in his/her country, and that his/her
government allows the adoptee to enter his/her country
as his/her adopted son/daughter: Provided, Further, That
the requirements on residency and certification of the
alien's qualification to adopt in his/her country may be
waived for the following:
ELIGIBILITY
(i) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the
termination of the guardianship and clearance of
his/her financial accountabilities.
ELIGIBILITY
Husband and wife shall jointly adopt, except in the following
cases:
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own
illegitimate son/daughter: Provided, However, that the
other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each
other.
• In case husband and wife jointly adopt, or one spouse
adopts the illegitimate son/daughter of the other, joint
parental authority shall be exercised by the spouses.
ELIGIBILITY
Section 8. Who May Be Adopted. – The following
may be adopted:
(a) Any person below eighteen (18) years of age who
has been administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one spouse by
the other spouse;
(c) An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
ELIGIBILITY
Section 9. Whose Consent is Necessary to the
Adoption. – After being properly counseled and
informed of his/her right to give or withhold
his/her approval of the adoption, the written
consent of the following to the adoption is hereby
required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or
the legal guardian, or the proper government
instrumentality which has legal custody of the
child;
ELIGIBILITY
(d) A person of legal age if, prior to the adoption,
said person has been consistently considered and
treated by the adopter(s) as his/her own child
since minority;
(e) A child whose adoption has been previously
rescinded; or
(f) A child whose biological or adoptive parent(s) has
died: Provided, That no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s).
ELIGIBILITY
(c) The legitimate and adopted sons/daughters, ten
(10) years of age or over, of the adopter(s) and
adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of
age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to
be adopted.
REPUBLIC ACT NO. 8552 ART. V
EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in cases where
the biological parent is the spouse of the adopter, all
legal ties between the biological parent(s) and the
adoptee shall be severed and the same shall then be
vested on the adopter(s).
Section 17. Legitimacy. – The adoptee shall be
considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by
law to legitimate sons/daughters born to them
without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in
keeping with the means of the family.
REPUBLIC ACT NO. 8552 ART. V
EFFECTS OF ADOPTION
Section 18. Succession. – In legal and intestate
succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without
distinction from legitimate filiation. However, if
the adoptee and his/her biological parent(s) had
left a will, the law on testamentary succession
shall govern.
REPUBLIC ACT NO. 8552 ART. VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. –
Upon petition of the adoptee, with the assistance
of the Department if a minor or if over eighteen
(18) years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded
on any of the following grounds committed by the
adopter(s): (a) repeated physical and verbal
maltreatment by the adopter(s) despite having
undergone counseling; (b) attempt on the life of
the adoptee; (c) sexual assault or violence; or (d)
abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall
not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee
for causes provided in Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is
granted, the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of
the Department shall be restored if the adoptee is still
a minor or incapacitated. The reciprocal rights and
obligations of the adopter(s) and the adoptee to each
other shall be extinguished.
• The court shall order the Civil Registrar to cancel
the amended certificate of birth of the adoptee
and restore his/her original birth certificate.
• Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
• All the foregoing effects of rescission of adoption
shall be without prejudice to the penalties
imposable under the Penal Code if the criminal
acts are properly proven.
REPUBLIC ACT NO. 8552 ART. VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The penalty of
imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and/or a fine not less than Fifty
thousand pesos (P50,000.00), but not more than Two
hundred thousand pesos (P200,000.00) at the discretion
of the court shall be imposed on any person who shall
commit any of the following acts:
(i) obtaining consent for an adoption through coercion,
undue influence, fraud, improper material inducement, or
other similar acts;
(ii) non-compliance with the procedures and safeguards
provided by the law for adoption; or
(iii) subjecting or exposing the child to be adopted to danger,
abuse, or exploitation.
(b) Any person who shall cause the fictitious registration
of the birth of a child under the name(s) of a
person(s) who is not his/her biological parent(s) shall
be guilty of simulation of birth, and shall be punished
by prision mayor in its medium period and a fine not
exceeding Fifty thousand pesos (P50,000.00).
• Any physician or nurse or hospital personnel who, in
violation of his/her oath of office, shall cooperate in
the execution of the abovementioned crime shall
suffer the penalties herein prescribed and also the
penalty of permanent disqualification.
Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents, and
communications of adoption applications, cases, and processes
shall suffer the penalty of imprisonment ranging from one (1)
year and one (1) day to two (2) years, and/or a fine of not less
than Five thousand pesos (P5,000.00) but not more than Ten
thousand pesos (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon
the principals of the attempt to commit any of the acts herein
enumerated. Acts punishable under this Article, when
committed by a syndicate or where it involves two (2) or more
children shall be considered as an offense constituting child
trafficking and shall merit the penalty of reclusion perpetua.
• Acts punishable under this Article are 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 of
the unlawful acts defined under this Article. Penalties
as are herein provided, shall be in addition to any
other penalties which may be imposed for the same
acts punishable under other laws, ordinances,
executive orders, and proclamations.
• When the offender is an alien, he/she shall be
deported immediately after service of sentence and
perpetually excluded from entry to the country.
Any government official, employee or functionary
who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with
private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance
with existing civil service laws, rules and
regulations: Provided, That upon the filing of a
case, either administrative or criminal, said
government official, employee, or functionary
concerned shall automatically suffer suspension
until the resolution of the case.
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 ACTNO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE "SPECIAL
PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION
ACT"
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
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.
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."
"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 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 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."
• AN ACT DEFINING VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
• SECTION 1. Short Title.- This Act shall be known as
the "Anti-Violence Against Women and Their
Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that
the State values the dignity of women and children and
guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members
particularly women and children, from violence and
threats to their personal safety and security.
Towards this end, the State shall exert efforts to address
violence committed against women and children in
keeping with the fundamental freedoms guaranteed
under the Constitution and the Provisions of the Universal
Declaration of Human Rights, the convention on the
Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other
international human rights instruments of which the
Philippines is a party.
SECTION 5. Acts of Violence Against Women and Their
Children.- The crime of violence against women and
their children is committed through any of the
following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
her child has the right to desist from or desist from
conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or
intimidation directed against the woman or child. This
shall include, but not limited to, the following acts
committed with the purpose or effect of controlling
or restricting the woman's or her child's movement or
conduct:
(1) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her
children of financial support legally due her or her family,
or deliberately providing the woman's children insufficient
financial support;
• (3) Depriving or threatening to deprive the woman or her
child of a legal right;
• (4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling
the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself
for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms
or causes substantial emotional or psychological
distress to the woman or her child. This shall include,
but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or
private places;
(2) Peering in the window or lingering outside the residence of
the woman or her child;
(3) Entering or remaining in the dwelling or on the property of
the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the
woman's child/children.
SECTION 8. Protection Orders.- A protection order is an order
issued under this act for the purpose of preventing further acts
of violence against a woman or her child specified in Section 5
of this Act and granting other necessary relief. The relief
granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the
opportunity and ability of the victim to independently regain
control over her life. The provisions of the protection order
shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that
may be issued under this Act shall include any, some or all of
the following reliefs:
(a) Prohibition of the respondent from threatening to commit
or committing, personally or through another, any of the
acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating with
the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no
property rights are violated, and if respondent must
remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent
from the residence;
(d) Directing the respondent to stay away from petitioner
and designated family or household member at a distance
specified by the court, and to stay away from the
residence, school, place of employment, or any specified
place frequented by the petitioner and any designated
family or household member;
(e) Directing lawful possession and use by petitioner of an
automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law
enforcement officer to accompany the petitioner to the
residence of the parties to ensure that the petitioner is
safely restored to the possession of the automobile and
other essential personal effects, or to supervise the
petitioner's or respondent's removal of personal
belongings;
(f) Granting a temporary or permanent custody of a
child/children to the petitioner;
(g) Directing the respondent to provide support to the
woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court
shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly
by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure
to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child
without justifiable cause shall render the respondent
or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and
order him to surrender the same to the court for
appropriate disposition by the court, including
revocation of license and disqualification to apply for
any license to use or possess a firearm. If the offender
is a law enforcement agent, the court shall order the
offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender
and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence
inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and
loss of income;
(j) Directing the DSWD or any appropriate agency to provide
petitioner may need; and
(k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the
petitioner and any designated family or household
member, provided petitioner and any designated family or
household member consents to such relief.
Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity
of marriage.
The issuance of a BPO or the pendency of an application for
BPO shall not preclude a petitioner from applying for, or
the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection
Orders. – A petition for protection order may be
filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives
within the fourth civil degree of consanguinity or
affinity;
(d) officers or social workers of the DSWD or social
workers of local government units (LGUs);
(e) police officers, preferably those in charge of
women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare
provider of the petitioner;
(h) At least two (2) concerned responsible citizens of
the city or municipality where the violence
against women and their children occurred and
who has personal knowledge of the offense
committed.
SECTION 10. Where to Apply for a Protection Order. –
Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of
1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court,
municipal trial court, municipal circuit trial court with
territorial jurisdiction over the place of residence of
the petitioner: Provided, however, That if a family
court exists in the place of residence of the petitioner,
the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. –
The application for a protection order must be in
writing, signed and verified under oath by the
applicant. It may be filed as an independent
action or as incidental relief in any civil or criminal
case the subject matter or issues thereof partakes
of a violence as described in this Act. A standard
protection order application form, written in
English with translation to the major local
languages, shall be made available to facilitate
applications for protections order, and shall
contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and
respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as
specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing;
and
(g) an attestation that there is no pending application
for a protection order in another court.
If the applicants is not the victim, the application
must be accompanied by an affidavit of the applicant
attesting to (a) the circumstances of the abuse
suffered by the victim and (b) the circumstances of
consent given by the victim for the filling of the
application. When disclosure of the address of the
victim will pose danger to her life, it shall be so stated
in the application. In such a case, the applicant shall
attest that the victim is residing in the municipality or
city over which court has territorial jurisdiction, and
shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a
court shall be considered an application for both a
TPO and PPO.
Barangay officials and court personnel shall assist
applicants in the preparation of the application.
Law enforcement agents shall also extend
assistance in the application for protection orders
in cases brought to their attention.
SECTION 14. Barangay Protection Orders (BPOs);
Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued
by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5 (a)
and (b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue the
protection order to the applicant on the date of
filing after ex parte determination of the basis of
the application
Punong Barangay is unavailable to act on the application
for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by
a Barangay Kagawad the order must be accompanied by
an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of
the BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO,
the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or
direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer
advocate in any proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. –
Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date
of filing of the application after ex
parte determination that such order should be
issued. A court may grant in a TPO any, some or
all of the reliefs mentioned in this Act and shall be
effective for thirty (30) days.
The court shall schedule a hearing on the
issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the
immediate personal service of the TPO on the
respondent by the court sheriff who may obtain
the assistance of law enforcement agents for the
service. The TPO shall include notice of the date
of the hearing on the merits of the issuance of a
PPO.
SECTION 16. Permanent Protection Orders. –
Permanent Protection Order (PPO) refers to
protection order issued by the court after notice
and hearing.
Respondents non-appearance despite proper

notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the
merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. –
Permanent Protection Order (PPO) refers to
protection order issued by the court after notice
and hearing.
Respondents non-appearance despite proper

notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the
merits of the issuance of a PPO.
If the respondents appears without counsel on
the date of the hearing on the PPO, the court
shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the
respondent fails to appear despite proper notice,
the court shall allow ex parte presentation of the
evidence by the applicant and render judgment
on the basis of the evidence presented. The court
shall allow the introduction of any history of
abusive conduct of a respondent even if the same
was not directed against the applicant or the
person for whom the applicant is made.
The court shall, to the extent possible, conduct
the hearing on the merits of the issuance of a PPO
in one (1) day. Where the court is unable to
conduct the hearing within one (1) day and the
TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a
period of thirty (30) days at each particular time
until final judgment is issued. The extended or
renewed TPO may be modified by the court as
may be necessary or applicable to address the
needs of the applicant.
• The court may grant any, some or all of the reliefs
specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the
person in whose favor the order was issued. The court
shall ensure immediate personal service of the PPO on
respondent.
• The court shall not deny the issuance of protection order
on the basis of the lapse of time between the act of
violence and the filing of the application.
• Regardless of the conviction or acquittal of the
respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall be
granted as long as there is no clear showing that the act
from which the order might arise did not exist.
SECTION 35. Rights of Victims. – In addition to their
rights under existing laws, victims of violence
against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the
Department of Justice (DOJ) or any public legal
assistance office;
(c) To be entitled to support services form the
DSWD and LGUs'
(d) To be entitled to all legal remedies and support
as provided for under the Family Code; and
(e) To be informed of their rights and the services
available to them including their right to apply for
a protection order.
SECTION 44. Confidentiality. – All records pertaining to
cases of violence against women and their children
including those in the barangay shall be confidential
and all public officers and employees and public or
private clinics to hospitals shall respect the right to
privacy of the victim. Whoever publishes or causes to
be published, in any format, the name, address,
telephone number, school, business address,
employer, or other identifying information of a victim
or an immediate family member, without the latter's
consent, shall be liable to the contempt power of the
court.
Any person who violates this provision shall suffer
the penalty of one (1) year imprisonment and a
fine of not more than Five Hundred Thousand
pesos (P500,000.00).

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