WHAT ARE THE PENALTIES FOR VIOLATION OF REPUBLIC ACT 9231 OTHERWISE KNOWN AS “SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT”?

Prohibited Acts

Penalties

1. Employing a child below eighteen (18) years of age who are not under their sole responsibility and without the express agreement of the child and his parents or legal guardian;

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.

Note:

If committed by parents, biological or by legal fiction, and legal guardians, the fine shall be 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.

However, the maximum length of community service shall be imposed on parents or legal guardians who have violated the same for three (3) times. If the violation is more than three (3) times, 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.

2. Employing a child below fifteen (15) years of age who are under their sole responsibility but the employment endangers the life, safety, health, morals and impairs the normal development of said child. Also, employment of said child but without providing the prescribed primary and/or secondary education;

3. Employing a child below fifteen (15) years of age for more than twenty (20) hours a week or for more than four (4) hours a day;

4. Employing a child fifteen (15) years of age but below eighteen (18) for more than eight (8) hours a day or for more than forty (40) hours a week;

5. Allowing a child below fifteen (15) years of age to work between eight (8) o’clock in the evening and six (6) o’clock in the morning of the following day;

6. Allowing a child fifteen (15) years of age but below eighteen (18) to work between ten (10) o’clock in the evening to six (6) o’clock in the morning of the following day;

7. Misappropriation by the parent or legal guardian of the child’s income;

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.

However, the maximum length of community service shall be imposed on parents or legal guardians who have violated the same for three (3) times. If the violation is more than three (3) times, 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.

8. Failure by the parent or legal guardian of the child to set up a trust fund;

9. Employing a child 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;

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.

10.  Engaging the child in all forms of slavery as defined under the “Anti-trafficking in Persons Act of 2003”;

Imprisonment of not less than twelve years (12) and one (1) day to twenty (20) years, or 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 both such imprisonment and fined at the discretion of the court.

11. Engaging in the use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or

12. Engaging in the use, procuring, 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

11. Engaging a child in a 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 the said child.