The Family Code of the Philippines (E.O.
209) not only while the ship is at sea or the
Title 1: Marriage
Chapter 1 Requisites of Marriage
 Marriage is a special contract of permanent
union between a man and a woman
 Validity:
1. Legal Capacity of contracting parties
who must be a man and woman
2. Consent freely given in presence of
solemnizing officer
 Formal requisite of marriage:
1. Authority of solemnizing officer
2. A valid marriage license
3. A marriage ceremony (declaration that
they take each other as husband and
wife before the solemnizing officer)
 Absence of any requisite shall render the
marriage void
 Any male or female of the age of eighteen
years or upwards not under any of the
impediments may contract marriage
 No prescribed form or religious rite for the
solemnization of the marriage is required. It
shall be necessary for the contracting
parties to appear personally before the
solemnizing officer and declare in the
presence of not less than two witnesses of
legal age that they take each other as
husband and wife.
 Marriage may be solemnized by:
1. Any incumbent member of the judiciary
2. Any minister of any church or religious
sect duly authorized and registered with
civil registrar general and provided at
least one of the contracting parties
belongs to the solemnizing officer’s
church
3. Any ship captain or airplane chief only
in the case of Art. 31 (A marriage in
articulo mortis between passengers or
crew members may also be solemnized
by a ship captain or by an airplane pilot
plane is in flight, but also during
stopovers at ports of call.)
4. Any military commander of a unit to
which a chaplain is assigned only in the
cases in Art. 32 (between persons
within the zone of military operation,
whether members of the armed forces
or civilians)
 The marriage shall be solemnized publicly in
the chambers of the judge or in open court,
in the church, chapel or temple, or in the
office the consul-general, consul or vice-
consul. Point of death or in remote places
marriage can be contracted at a house or a
place designated by them
 A marriage license shall be issued by the
local civil registrar of the city
 Marriages between Filipino citizens abroad
may be solemnized by a consul-general,
consul or vice-consul of the Republic of the
Philippines.
 Where marriage license shall be required
each party should file separately a sworn
application which would specify the ff:
1. Full names of contracting parties
2. Place of birth
3. Age and date of birth
4. Civil status
5. If previously married, how when and
where it was dissolved or annulled
6. Present residence and citizenship
7. Degree of relationship
8. Full name, residence and citizenship of
the father
9. Full name, residence and citizenship of
the mother
10. Full name, residence and citizenship of
the guardian if parties has neither
father nor mother and is under age of
21
 The local civil registrar, upon receiving such
application, shall require the presentation
 of the original birth certificates or, in
default thereof, the baptismal certificates of
the contracting parties
 Any contracting party between the age of
twenty-one and twenty-five shall be obliged
to ask their parents or guardian for advice
upon the intended marriage.
 The local civil registrar shall prepare a
notice which shall contain the full names
and residences of the applicants for a
marriage license and other data given in the
applications. The marriage license shall be
issued after the completion of the period of
publication (10 days).
 The license shall be valid in any part of the
Philippines for a period of one hundred
twenty days from the date of issue, and
shall be deemed automatically cancelled at
the expiration of the said period if the
contracting parties have not made use of it.
 When either or both of the contracting
parties are citizens of a foreign country, it
shall be necessary for them before a
marriage license can be obtained, to submit
a certificate of legal capacity to contract
marriage, issued by their respective
diplomatic or consular officials.
 All marriages solemnized outside the
Philippines, in accordance with the laws in
force in the country where they were
solemnized, and valid there as such, shall
also be valid in this country except those
prohibited in Art. 35 (1,4,5,6), 36,37, 38
Chapter 3 Void and Voidable Marriages
 The following marriages shall be void from
the beginning: (Art. 35)
1. Those contracted by any party below
eighteen years of age even with the
consent of parents or guardians
2. Those solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted
with either or both parties believing in
good faith that the solemnizing officer
had the legal authority to do so
3. Those solemnized without license,
except those covered the preceding
Chapter
4. Those bigamous or polygamous
marriages not failing under Article 41
5. Those contracted through mistake of
one contracting party as to the identity
of the other
6. Those subsequent marriages that are
void under Article 53.
 A marriage contracted by any party who, at
the time of the celebration, was
psychologically incapacitated to comply
with the essential marital obligations of
marriage, shall likewise be void even if such
incapacity becomes manifest only after its
solemnization (Art. 36)
 Marriages between the following are
incestuous and void from the beginning,
whether relationship between the parties
be legitimate or illegitimate (Art. 37)
 The following marriages shall be void from
the beginning for reasons of public policy:
1. Between collateral blood relatives
whether legitimate or illegitimate, up to
the fourth civil degree;
2. Between step-parents and step-
children;
3. Between parents-in-law and children-in-
law;
4. Between the adopting parent and the
adopted child;
5. Between the surviving spouse of the
adopting parent and the adopted child;
6. Between the surviving spouse of the
adopted child and the adopter;
7. Between an adopted child and a
legitimate child of the adopter;
8. Between adopted children of the same
adopter; and
9. Between parties where one, with the
intention to marry the other, killed that
 other person's spouse, or his or her own
spouse.
AN ACT DEFINING VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES (RA 9262)
 Short title: Anti-Violence Against Women
and Their Children Act of 2004
 It is hereby declared that the State values
the dignity of women and children and
guarantees full respect for human rights.
 Definition of Terms:
"Violence against women and their
children"
1. "Physical Violence" refers to acts that
include bodily or physical harm
2. "Sexual violence" refers to an act which
is sexual in nature It includes, but is not
limited to:
a) rape, sexual harassment, acts of
lasciviousness, treating a woman or
her child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the
sexual parts of the victim's body,
forcing her/him to watch obscene
publications and indecent shows or
forcing the woman or her child to
do indecent acts and/or make films
thereof, forcing the wife and
mistress/lover to live in the
conjugal home or sleep together in
the same room with the abuser;
b) acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,
physical or other harm or threat of
physical or other harm or coercion;
c) Prostituting the woman or child.
3. "Psychological violence" refers to acts
or omissions causing or likely to cause
mental or emotional suffering of the
victim such as but not limited to
intimidation, harassment, stalking,
damage to property, public ridicule or
humiliation, repeated verbal abuse and
mental infidelity. It includes causing or
allowing the victim to witness the
physical, sexual or psychological abuse
of a member of the family to which the
victim belongs, or to witness
pornography in any form or to witness
abusive injury to pets or to unlawful or
unwanted deprivation of the right to
custody and/or visitation of common
children.
4. "Economic abuse" refers to acts that
make or attempt to make a woman
financially dependent which includes,
but is not limited to the following:
a) withdrawal of financial support or
preventing the victim from
engaging in any legitimate
profession, occupation, business or
activity, except in cases wherein the
other spouse/partner objects on
valid, serious and moral grounds as
defined in Article 73 of the Family
Code;
b) deprivation or threat of deprivation
of financial resources and the right
to the use and enjoyment of the
conjugal, community or property
owned in common;
c) destroying household property;
d) controlling the victims' own money
or properties or solely controlling
the conjugal money or properties.
 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. This shall
include, but not limited to, threatening
to deprive custody, Depriving or
threatening to deprive financial
support, Depriving or threatening to
deprive a legal right, Preventing the
woman inn engaging in any legitimate
profession or controlling money or
property
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: Stalking, lingering
outside residence, dwelling in the
property, destroying property and
belongings, engaging in any form of
harassment
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.
 Penalties.- The crime of violence against
women and their children, under Section 5
hereof shall be punished according to the
following rules:
1. Acts falling under Section 5(a)
constituting attempted, frustrated or
consummated parricide or murder or
homicide shall be punished in
accordance with the provisions of the
Revised Penal Code.
If these acts resulted in mutilation, it
shall be punishable in accordance with
the Revised Penal Code; those
constituting serious physical injuries
shall have the penalty of prison mayor;
those constituting less serious physical
injuries shall be punished by prision
correccional; and those constituting
slight physical injuries shall be punished
by arresto mayor.
Acts falling under Section 5(b) shall be
punished by imprisonment of two
degrees lower than the prescribed
penalty for the consummated crime as
specified in the preceding paragraph
but shall in no case be lower than
arresto mayor.
2. Acts falling under Section 5(c) and 5(d)
shall be punished by arresto mayor
3. Acts falling under Section 5(e) shall be
punished by prision correccional
4. Acts falling under Section 5(f) shall be
punished by arresto mayor;
5. Acts falling under Section 5(g) shall be
punished by prision mayor
6. Acts falling under Section 5(h) and
Section 5(i) shall be punished by prision
mayor.
 arresto mayor -1 month and 1 day to 6
months
 prision correccional - 6 months and 1 day to
1 year
 prision mayor - 6 years and 1 day to 12
years
If the acts are committed while the woman or
child is pregnant or committed in the presence
of her child, the penalty to be applied shall be
the maximum period of penalty prescribed in
the section.
In addition to imprisonment, the perpetrator
shall
1. pay a fine in the amount of not less
than One hundred thousand pesos
(P100,000.00) but not more than three
hundred thousand pesos (300,000.00)
2. undergo mandatory psychological
counseling or psychiatric treatment and
shall report compliance to the court.
 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.
 Who may file Petition for Protection Orders.
– A petition for protection order may be
filed by any of the following:
1. the offended party;
2. parents or guardians of the offended
party;
3. ascendants, descendants or collateral
relatives within the fourth civil degree
of consanguinity or affinity;
4. officers or social workers of the DSWD
or social workers of local government
units (LGUs);
5. police officers, preferably those in
charge of women and children's desks;
6. Punong Barangay or Barangay Kagawad;
7. lawyer, counselor, therapist or
healthcare provider of the petitioner;
8. 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.
 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. BPOs shall be effective
for fifteen (15) days.
 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. TPOs shall be effective for
Thirty (30) dSays.
 Permanent Protection Order (PPO) refers to
protection order issued by the court after
notice and hearing.
AN ACT ESTABLISHING THE RULES TO GOVERN
INTER-COUNTRY ADOPTION OF FILIPINO
CHILDREN, AND FOR OTHER PURPOSES (RA
8043)
 Short title: Inter-Country Adoption Act of
1995
 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
 Inter-Country Adoption as the Last Resort.
— The Board shall ensure that all
possibilities for adoption of the child under
the Family Code have been exhausted and
that inter-country adoption is in the best
interest of the child.
 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:
1. Child study;
2. Birth certificate/foundling certificate;
3. Deed of voluntary commitment/decree
of abandonment/death certificate of
parents;
4. Medical evaluation /history;
5. Psychological evaluation, as necessary;
and
6. Recent photo of the child.
 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:
1. 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:
2. if married, his/her spouse must jointly
file for the adoption;
3. 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;
4. has not been convicted of a crime
involving moral turpitude;
5. is eligible to adopt under his/her
national law;
6. 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;
7. 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;
8. 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
9. possesses all the qualifications and
none of the disqualifications provided
herein and in other applicable
Philippine laws.
 Family Selection/Matching. — No child shall
be matched to a foreign adoptive family
unless it is satisfactorily shown that the
child cannot be adopted locally.
 Pre-adoptive Placement Costs. — The
applicant(s) shall bear the following costs
incidental to the placement of the child;
1. The cost of bringing the child from the
Philippines to the residence of the
applicant(s) abroad, including all travel
expenses within the Philippines and
abroad; and
2. The cost of passport, visa, medical
examination and psychological
evaluation required, and other related
expenses.
 Supervision of Trial Custody. — The
governmental agency or the authorized and
accredited agency in the country of the
adoptive parents which filed the application
for inter-country adoption shall be
responsible for the trial custody and the
care of the child. It shall also provide family
counseling and other related services. The
trial custody shall be for a period of six (6)
months from the time of placement.
 Penalties. — 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:
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.
AN ACT ESTABLISHING THE RULES AND
POLICIES ON THE DOMESTIC ADOPTION OF
FILIPINO CHILDREN AND FOR OTHER
PURPOSES (RA 8552)
 Short title: Domestic Adoption Act of 1998
 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.
 Counseling Service. – The Department shall
provide the services of licensed social
workers to the following:
1. 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.
2. 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.
3. 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.
 Who May Adopt. – The following may
adopt:
1. 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;
2. 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:
a) a former Filipino citizen who seeks
to adopt a relative within the fourth
(4th) degree of consanguinity or
affinity; or
b) one who seeks to adopt the
legitimate son/daughter of his/her
Filipino spouse; or
c) 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
3. The guardian with respect to the ward
after the termination of the
guardianship and clearance of his/her
financial accountabilities.
Husband and wife shall jointly adopt,
except in the following cases:
a) (i) if one spouse seeks to adopt the
legitimate son/daughter of the
other; or
b) (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
c) (iii) if the spouses are legally
separated from each other.
4. 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.
 Who May Be Adopted. – The following may
be adopted:
1. Any person below eighteen (18) years
of age who has been administratively or
judicially declared available for
adoption;
2. The legitimate son/daughter of one
spouse by the other spouse;
3. An illegitimate son/daughter by a
qualified adopter to improve his/her
status to that of legitimacy;
4. 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;
5. A child whose adoption has been
previously rescinded; or
6. 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).
 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:
1. The adoptee, if ten (10) years of age or
over;
2. 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;
3. The legitimate and adopted
sons/daughters, ten (10) years of age or
over, of the adopter(s) and adoptee, if
any;
4. 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
5. The spouse, if any, of the person
adopting or to be adopted.
 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:
1. obtaining consent for an adoption
through coercion, undue influence,
fraud, improper material inducement,
or other similar acts;
2. non-compliance with the procedures
and safeguards provided by the law for
adoption; or
3. subjecting or exposing the child to be
adopted to danger, abuse, or
exploitation.
AN ACT PROVIDING FOR THE ELIMINATION OF
THE WORST FORMS OF CHILD LABOR AND
AFFORDING STRONGER PROTECTION FOR THE
WORKING CHILD, AMENDING FOR THIS
PURPOSE REPUBLIC ACT NO. 7610 (RA 9231)
 Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act
 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.
 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.
 Hours of Work of a Working Child. (12A) -
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."
 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.
 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.
 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
 Access to Education and Training for
Working Children - 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.
 Penal Provisions -
1. 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.
2. 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.