I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
So now we come to the penalties for violations of RA 9231.
1.) Violations of the employment guidelines for children in RA 9231, including their hours of work (as well as the advertisement prohibition) are punishable by imprisonment of 6 months and 1 day to 6 years and/or a fine of Php50,000 to 300,000.00.
2.) Violations of the prohibitions on child labor by the employer/contractor or any person are punishable by imprisonment of 12 years and 1 day to 20 years and/or a fine of Php100,000 to 1 Million.
3.) Violations of numbers 1 and 2 of the same prohibitions will be punishable under RA 9208. The penalty will be set at its maximum period.
4.) Violations of number 3 of the prohibitions with regard to dangerous drugs will be punishable under the provisions of the Dangerous Drugs Act covering minors.
5.) If a corporation is responsible for the crime, the officers responsible will be punished.
6.) Parents, whether biological or not, who violate the guidelines on working children will be fined Php10,000 to 100,000 and/or be made to perform community service for 30 days to 1 year. The penalty will be set at its maximum if the violations were committed 3 times. If the violation is committed for more than 3 times, a penalty of imprisonment for 30 days to 1 year will be imposed in addition to community service.
7.) The secretary of the DOLE can, after due notice and hearing, order the closure of any establishment found to have violated the provisions of RA 9231 more than 3 times. The closure can also be ordered if:
a.) The violation led to the death, insanity or serious physical injury of a child working in the establishment
b.) The establishment is engaged in prostitution or obscene/lewd shows
In case of closure, the employer must pay the employees separation pay and other monetary benefits provided by law.
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