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Child Labor as Seen in Local Programming:

Whether or not these programs fully comply to the requirements of the said law.

Submitted By:

Lim, Zarah Jane E.

Reyes, Ednalyn D.

Submitted To:

Atty. Reynaldo Lopez

FEBRUARY 10, 2006

1
TABLE OF CO$TE$TS

Acknowledgements ------------------------------------------------------------------------ i

Introduction --------------------------------------------------------------------------------- 1

Chapter 1: Child and Child Labor ------------------------------------------------------- 2

Chapter 2: The Child Labor Law -------------------------------------------------------- 5

Chapter 3: Children in the Entertainment Industry ---------------------------------- 10

Chapter 4: Working Policies on Children in the Entertainment Industry ---------14

Summary and Conclusion --------------------------------------------------------------- 17

Bibliography ------------------------------------------------------------------------------ 19

2
ACK$OWLEDGME$TS

The researchers would like to thank the following people for accommodating our requests

in the course of our gathering of data:

Mr. Ricardo S. Martinez – REGIONAL DIRECTOR, DOLE-NCR

Mr. Boyet Miano – LABOR AND EMPLOYMENT OFFICER, DOLE-NCR

Ms. Lety - LABOR AND EMPLOYMENT OFFICER, DOLE-NCR

Mr. Wesley - LABOR AND EMPLOYMENT OFFICER, DOLE-NCR

Ms. Beth Casin - BUREAU OF WOMEN AND YOUNG WORKERS, DOLE

The researchers would also like to thank

Atty. Reynaldo Lopez – PROFESSOR, MASS MEDIA LAWS

Mr. & Mrs. ____ Reyes

Mr. & Mrs. Zaldy Lim

And most especially,

GOD ALMIGHTY

3
I$TRODUCTIO$

We live in an era where technology is constantly evolving. Television is one of

our main sources of entertainment as it presents social realities and situations where the

viewers can relate with the protagonist’s life. It is interesting to note that ownership of

television sets in Mega Manila have already increased to an astounding number of 95%1,

according to a survey conducted by Asia Research Organization, Inc. This just goes to

show how powerful television is. Because of the need to show social realities and

situations as realistically as possible, people in the entertainment industry would naturally

have to employ children, as they are a part of the family (with family being one of the

social groups).

Children, being the future workforce and leaders of our country, needs to be cared

for and protected not only by their respective families, but also by the government.

Therefore, an act was made which states that employment of children below 15 years of

age are prohibited by the government, except when they work under the sole

responsibility of his parents or legal guardian (as in family businesses), or when their

presence is needed in the entertainment industry.2

These exceptions have their corresponding provisions that would ensure the child’s well-

being.

1
Survey: Asia Research Organization, Inc. Year 2005, July 2005
2
Azucena, C.A.: Labor Laws Source Book: The Updated Labor Code & Other Laws, 4th Edition, 2003

4
This paper focuses on children working in the entertainment industry, aiming to

find out the requirements of the Department of Labor and Employment which are needed

to be able to legally employ a child. This paper also aims to find out if the Philippine

entertainment industry is complying with the requirements of the law in employing child

actors.

5
Chapter 1

CHILD A$D CHILD LABOR

Before we can tackle child labor issues comprehensively, we must first be clear

on the definition of child and child labor. For the definition of a child, the age range is

very crucial for it determines when a child is still a child and when one becomes an adult.

The Child and Youth Welfare Code, R.A. # 7610 and R.A. # 7658 & the Convention on

the Rights of the Child define a child as “all persons below 18 years of age except those

emancipated in accordance with the law.”3

Child labor, on the other hand, is defined by the Institute of Industrial Relations

(IIR) as “any person below fifteen years of age who is engaged in economic activity

whether inside or outside the home.”4 This means that any work done by a child which

constitute wages is considered child labor. Legality of the matter is not tackled here. It

merely defines what child labor is. Another definition, which is more specific than the

former, comes from Webster’s Ninth New Collegiate Dictionary 1983, which states that

“child labor constitutes services engaged in by a person not yet of age that realize the

goals of an economy; the services rendered by a young worker for wages as distinguished

from that rendered by an entrepreneur for profit.”5

3
R. del Rosario and M.A. Bonga: Child Labor in the Philippines: A Review of Selected Studies and Policy
Papers
4
IIR 1985, Ibid.
5
Mish, Webster’s Ninth New Collegiate Dictionary 1983, Ibid.

6
Thus, for the succeeding parts of this paper, we will use the definitions given

above as a basis for our concept of child and child labor.

Having cleared the definitions of the crucial terms of this paper, let us now look at

the historical background of child labor in the Philippines.

History of Child Labor

Ever since the beginning of time, children are expected to help out in household

chores. Girls are taught, even at an early age, how to cook, to sew, to care for babies, and

other important things that they need to learn in order for them to become good mothers

and housewives in the future. Similarly, boys are expected to help out their fathers at

their farms, or wherever their workplace may be, so that they can be exposed to real life

situations and thus be ready to be the man of the house in the future. It must be noted

though, that household chores are not to be considered a part of child labor. “Child labor

does not refer to all types of children’s work. It excludes household chores for one’s own

household or family.”6 This is because these chores are a part of every child’s training as

a human being and it serves as a preparation for their future as they become adults and

learn to live on their own.

Unfortunately, some children are not given the chance to a better life, and are

forced to work for other people. During the Spanish and American era, children were

6
Ibid.

7
employed by priests to pound grains of palay and to clean the church or the convent.

Some children were also used as payment for their parents’ debts. They were sold at

certain amounts to become slaves of the rich people. Others were even sent to work for

factories.7 This practice of employing children became rampant because of the rise of the

problem of poverty in the Philippines. According to the article released by the Bureau of

Democracy, Human Rights and Labor (The Philippines Country Report on Human Rights

Practices for 1997), “Family poverty apparently forces many school dropouts… poor

families are unable to meet the numerous peripheral costs for uniforms, school supplies,

shoes and transportation… widespread poverty forces many young children to work.”8

Parents did not have any choice but to let their children work, so that they could help in

the family’s finances. This unfair situation that faces every child who is a victim of child

labor hampers his right to education. Most children forced to work and earn a living in

order to help support their family have no choice but to stop their schooling.

Because of this intrusion on the right of the child to a good life (and to his right to

education), the government has come up with laws that serves as a protection for children

who are victims of child labor. These laws and the conditions provided will be dealt with

in the next chapter.

7
Bureau of Women and Young Workers – DOLE 1990:13-16, Ibid.
8
Bureau of Democracy, Human Rights and Labor (The Philippines Country Report on Human Rights
Practices for 1997).

8
Chapter 2

THE CHILD LABOR LAW

Along the course of Philippine history, the child labor law has been replaced,

revised and amended a number of times in order to suit the changing conditions of the

society and to make it capable of meeting the child’s needs, especially in the promotion

of his welfare.

The famous saying goes like this: 8ecessity is the mother of all inventions. It is

quite the same in passing laws / making laws. Our lawmakers observe the society, pay

close attention to our needs, and are elected to look after our welfare and represent our

sentiments to the government. For example, during the early times, there were no such

laws regarding the use and abuse of the internet, for the obvious reason that the internet

does not exist back then. But with the arrival of the technological age, the laws of such

kind must adjust and keep up with the changing times, and so laws are made.

Similarly, child employment was already rampant in the early days. And with the

invention of television and radio, more and more parents saw the opportunity these types

of media could offer to the child. As such, new sets of laws were made to protect these

working children. But then again, in this modern age, we could hardly count the number

of child talents we see everyday on TV. That is the reason why our law-makers

implemented stricter laws -- to protect the welfare of these children.

9
In 1923, Act No. 3071 was approved. This law covers the regulation of the

employment of women and children. But with the changing times, it came to a point

where this law needed to be replaced so as to be more effective in protecting the working

women and children against exploitation. Therefore, in 1952, Republic Act No. 679 was

approved, with its amendatory act approved in 1954, duly called R.A. #1131.9

In R.A. 679 (along with its amendatory act R.A. 1131), the minimum age for

working children is fourteen years old. It has different provisions for children in different

age ranges. For children below fourteen years old, it states that they could only be

allowed to work if the job is not that hard. The law gives importance to the children’s

capacity to do certain tasks, and it emphasizes the need for the children to be able to

develop normally and still be healthy inspite of their job. Their education is also of

importance because one of the provisions is that their jobs should “not prejudice their

attendance in school.”10 For children below sixteen years old, specifications were given

on where these working children were not allowed to work. These include mines,

manufacturing companies, building and civil engineering works, undertakings engaged

in transport of passengers or goods by road or rail, factories, billiard rooms, cockpits,

bars, night clubs, etc.11 Similarly, for children below eighteen years old, specifications

were also laid out so that the children’s welfare are protected.

These painstaking reiterations of the conditions for employment of children only

shows that the law cares for the Filipino child and it will do its best just to protect the

9
Philippine Labor and Social Legislation
10
Sec. 1(a), R.A. 679, as amended by R.A. 1131, Ibid
11
Sec. 2, subsection a, pars. 1-3, R.A. 679, Ibid.

10
children’s rights. Another evidence of the government’s care for the Filipino working

child is that it is constantly coming up with laws (be it amendments, new enactments or

provisions, or revisions) that will ensure the child’s safety and development inspite of his

work.

In 1974, for example, the Labor Code of the Philippines set the minimum age for

working children at fifteen years old (as opposed to the past minimum age requirement of

fourteen years). It also prohibited children under eighteen years old to be a part of

hazardous workplaces. Also in 1974, the Philippine Child and Youth Welfare Code, or

Presidential Decree No. 603, was enacted. This decree gave importance to the welfare of

the working children, meaning they insisted on the children’s right to education, safe

working conditions in their respective workplaces, and their overall development as a

human being.12

R.A. No. 7610, enacted in 1992, focuses on the protection of children against

trafficking, exploitation, abuse, and discrimination. In 1993, R.A. No. 7658 was

approved, as an amendatory act for R.A. No. 7610. Here, the minimum age requirement

of fifteen years old for working children given by the Labor Code of the Philippines was

reaffirmed. Also, strict provisions were given as to the conditions of employing a child.

An employer must secure a working permit from the Department of Labor and

Employment before he can make a child work for him. It is also in this act where the

12
R. del Rosario and M.A. Bonga: Child Labor in the Philippines: A Review of Selected Studies and Policy
Papers: Institute of Labor Studies, Comprehensive Study on Child Labor Law, 1994

11
limitations of hiring children either for family businesses or for public entertainment are

given. 13

13
Ibid.

12
R.A. 7610 generally focuses on working children. It hardly tackles the children in

the entertainment industry, as it has no specifications regarding child actor’s wages,

working hours, etc. What if, unfortunately, something happens to them while working?

Parents and the children have no call on the accident because the laws don’t cover them.

There are laws, but they are insufficient.

Fortunately, in the year 2003, the amended act on child labor was passed. This

new act amended RA 7610. This time, it has specifications regarding the working

children, and this law is up-to-date and more focused. Republic Act No. 9231, otherwise

known as “The Special Protection of Children Against Child Abuse, Exploitation, and

Discrimination Act,” is an act which includes provisions for the elimination of the worst

forms of child labor and also for stronger protection for the working child.14

The children of today is said to be the hope of tomorrow. As the popular song

goes,

“I believe the children are our future, teach them well and let them lead the way…” But

we believe that this is only possible if we take care of our children now. The Philippine

government is now active in giving protection to these children. As stated in Section 2 of

R.A. 9231, “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 are committed by

the said parent, guardian, teacher, or person having care and custody of the child.”15

14
R.A. 9231 Bureau of Women and Young Workers, Department of Labor and Employment
15
R.A. 9231, Sec. 2: Declaration of State Policy and Principles, Ibid.

13
Basically, the contents of the different child-labor related laws focus on the

child’s development as a person without forgetting his need to be educated, to be in a safe

workplace, and to be justly compensated for his work.

14
Chapter 3

CHILDRE$ I$ THE E$TERTAI$ME$T I$DUSTRY

The Philippine Entertainment Industry constantly innovate their shows so that it

would suit the preferences of their targeted viewers. The industry realizes that part of

their viewers is comprised of children, therefore they come up with shows which feature

young actors or child stars. Now, we have reality shows for aspiring child talents such as

Star Circle Quest, Star Struck Kids and various singing contests. Parents usually sign up

their children for auditions upon seeing the potential of their kids. Oftentimes, these

children don’t even realize that they are actually working, given that they are

compensated with money. In an interview with the famous (former) child star Aiza

Seguerra by Cinema One, she said that during the time she was making all those movies

and tapings, she actually thought that she was just playing and she also thought that what

she was doing is what every other child is also experiencing. This is one of the many

reasons why working children in the entertainment industry must be protected by laws.

Some parents tend to abuse their children in order to enjoy special status and to acquire

fast money. It is undeniable that there is big money in show business. That is why, as

stated in the previous chapter, R.A. 9231 provides specifications regarding working

policies for children, especially those working in the entertainment industry.

Nowadays, we often see children in drama series that airs five times a week. An

example is “Anghel na Walang Langit” by ABS-CBN Channel 2. The talents of these

kids are admirable, from the way that they can cry easily in front of the cameras to the

15
way they can portray their assigned characters despite their limited real-life experiences

due to their young age.

Some child actors are given good opportunities at a very young age. They have

drama series that airs five times a week, a sitcom on a weekend and another children’s

program on a Sunday. In short he/she is visible in television for one whole week! What

an exposure right? We haven’t even counted special projects such as movies, TV

guestings, mall tours, etc. But the question is, does he enjoy what he is doing? Is he

having the proper education he is entitled to? Is the workplace safe for him? These things

are known only by the child’s parents, guardian, agent and other people surrounding him.

The pressing issue is whether or not they are really protected.

According to a legislative status report prepared by Mr. Paul Petersen

(a representative of the United Nations and member of some of the active organizations

such as Young Performers’ Committee and Screen Actors’ Guild), as of year 2000, only

California has Work Rules for kids in entertainment.16 He also brought up the negative

aspect of not having such laws. For example, as in the case of former child star Drew

Barrymore, because she didn’t have anybody to look after her, she works until 5 or 6 in

the morning night after night and due to this she got into drugs and alcohol. All these

happened while filming “Firestarter”.17 This unfortunate incident would have never

happened if somebody were there to supervise her.

16
http://www.minorcon.org/legisstatus.html, retrieved: January 30, 2006
17
http://www.tribute.ca/bio.asp?id=1303, retrieved: February 4, 2006

16
Another classic example would be the silent-movie child star Jackie Coogan

(1914-1984). He was the child behind the successful movie “The Kid” together with

Charles Chaplin and in 1964 behind the character Uncle Fester of Addams Family. As a

child, he had movie offers left and right so that at a very young age his total earnings

were four million dollars. But when his parents got divorced, his mother and stepfather

took over in managing his financial records. At the age of 20, he began asking his mother

about the money he earned as a kid but she refused to tell him where it was or whether it

was still with them. Because of this, he filed a case against his mother and stepfather,

and though he won the case, he was awarded with only $126,000. This particular incident

was not hidden from the public and they were so outraged with the decision of the court

and so it was the beginning of the rise of the Coogan Act. This was passed to assist child

entertainers. Their parents/agents were required to set up a trust fund for child actors to

protect their earnings18.

The revised Coogan Law (applicable only in California) assured to supervise all

court-approved minors’ contract, it also requires the parents to make the earnings a

separate property of the child rather than community property of parents and it requires

producers to make timely deposits which will allow the interest to build the principal

right away and not wait for ten months. Also, under this law, studio teachers must

accompany a child at all times during a taping.19

18
http://www.goldensilents.com, retrieved: February 4, 2006
19
http://www.minorcon.org/newcoogan.html, retrieved: January 30, 2006

17
This issue was able to catch the attention of some of the people working in the

entertainment industry so they made a website called ‘A Minor Consideration”

(www.minorcon.org). This is a non-profit, tax-deductible organization. Mostly child

entertainers that are now adults founded this organization and their goal is to assist the

present and future child entertainers. As much as possible, they don’t want other children

to experience what they have gone through as child performers. This website is based in

Canada and its objective is to give aid and support to young performers. They have a

strong stand on giving emphasis on a child’s education and helping to preserve the

earnings these children make. 20

We should not wait until a child is seriously hurt while working in the

entertainment industry before we come up with legislations which aim to protect them.

As stated by a popular producer in Canada, “… the entertainment industry is a business;

your child is an investment, an asset you must protect”21 With this statement in mind, let

us probe into the Philippine Entertainment Industry’s policies for child stars.

20
www.minorcon.org, retrieved: January 30, 2006

21
http://www.minorcon.org/outsidethelaw.html, retrieved: January 30, 2006

18
Chapter 4

WORKI$G POLICIES O$ CHILDRE$ I$ THE E$TERTAI$ME$T I$DUSTRY

After ten years, the lawmakers finally revised RA 7610 and added limitations and

other forms of regulations to better suit the increasing number of children working in the

entertainment industry. RA 9231, otherwise known as the “act eliminating the worst

forms of child labor in the country and affording stronger protection for the working

child,” was introduced in 2003 but was implemented only recently in 2004 (according to

Mr. Boyet Miano, Labor Employment Officer, DOLE-NCR). Upon introduction of the

said new law, DOLE-NCR was tasked by the Secretary of the Department of Labor and

Employment, Ms. Patricia Sto. Tomas, to strengthen their monitoring of compliance on

RA 9231, specifically on the film and television industries. They did this by conducting

regular spot checks (visiting the location of the shoot), as well as conducting advocacies

about the newly amended act to all network/TV stations. We can see these 30-second

infomercials at the end of programs such as “Mahiwagang Baul” (of GMA, every

Sunday) and “Mga Anghel na Walang Langit” (of ABS-CBN, aired from Mondays to

Fridays).22 DOLE-NCR also conducted an orientation regarding this new law to

representatives of the networks and advertising agencies. All these efforts are done to

make the people aware of this Act.

The Department of Labor and Employment are strict on their “No permit, No

shoot” policy for children in the entertainment industry. According to RA 9231, children

22
http://www.bwyw.dole.gov.ph/New%20TV%20plug%20on%20Child%20Labor%20launched.htm,
retrieved: February 9, 2006
Information and Publication Service / DOLE-8CR Bureau of Women and Young Workers

19
who are 15 years old and below must have a permit approved by DOLE. But before this

permit can be approved, the parents are asked to submit requirements such as birth

certificate, notarized employment contract, medical certificate, proof of schooling, 2

passport-sized photographs, and an application fee of 100 pesos, all these for first time

applicants.23 For further evaluation, there are times that parents are interviewed by

officials of the department. The following conditions are given: (1) children in this age

bracket should be accompanied by their parents at all times while the child is working.

(2) They are only allowed to work for a maximum of 4 hours a day, only between 6 am –

8 pm. (3) The child’s income must be set aside, primarily for his needs, and only 20% of

the said income can be used for the collective needs of the family. (4) A trust fund should

also be set up for 30% of the earnings of the child, having a salary of at least P200,000

annually. When he reaches the age of majority, he can have full control of the trust fund.

For children above 15 but below 18 years old, certification is given to them as proof that

they are permitted to work, with the conditions that they can only work 8 hours a day,

from 6 am to 10 pm.24

An interview with Mr. Miano helped us understand the process of issuing

working permits better. He said that the application of permit must be done three

working days before the shoot. One cannot apply for permit if the child has no definite

project. DOLE-NCR coordinates with the TV networks to make sure that the children

applying for permit actually has a contract with the network. He also said that the

duration of the said permit ranges from 15 days (for children shooting for commercials)

23
R.A. 9231 Bureau of Women and Young Workers, Department of Labor and Employment
24
Ibid.

20
up to a maximum of one year (for children in drama series), and they could apply for

renewal if needed.

In the case of the children in reality programs such as SCQ Kids, Starstruck, or

other singing contests, they are not required to acquire a permit, not until they are

included in the finals of that particular reality show.

In the recent evaluation of DOLE on the number of processed working child’s

permit, Mr. Miano said that in 2004, they had a total number of 1, 797 processed permits.

In 2005, it increased to 3, 537. This increase was due to the fact that even extra roles

were required to secure a work permit. In 2005, only 4 applicants were denied for the

following reasons: (1) the child will be working in a theater production “Beauty and the

Beast”, and the said production will run beyond 8 o’clock in the evening; (2) the child

applying is not studying / enrolled in any educational institution; (3) there is a

misrepresentation. The person who applied for the permit is not the real parent of the

said child; and (4) the child will be performing in a bar. Only 4 cases were denied of the

working permit, the rest were approved.

In making sure that the rules and regulations set by DOLE are being strictly

followed, representatives for the department stays in the location of the shoot to

supervise. If they found out that parents are not abiding by the said rules, they can be

fined with not less than P10, 000 but not more than P100, 000, or they will be required to

render community service for not less than 30 days but not more than one year, or both,

21
whichever the court decides. For the producers/directors found not abiding by the rules,

they will be punished by imprisonment of 6 months and 1 day up to 6 years, or fined of

not less than P50, 000 but not more than P300, 000, or both, at the discretion of the

court.25

25
Ibid.

22
SUMMARY A$D CO$CLUSIO$

With the rise of number of working children nowadays, it was necessary for the

Philippine government to come up with laws that would protect the rights of the working

child. Specifically, RA 9231 focuses on protecting the children against abuse,

exploitation, and discrimination, by specifying provisions which would help the

government regulate children’s employment.

At the start of this paper, we stated our objective, which is to find out whether the

Philippine Entertainment Industry complies with the law regarding employment of

children. After conducting extensive research, as well as conducting interviews with a

DOLE-NCR official, we can conclude that the Entertainment Industry is doing its part in

helping protect the children’s rights. With the statistics given to us by Mr. Boyet Miano,

a Labor and Employment Officer, it clearly shows that the showbiz industry is really

complying with the law.

To further illustrate the cooperation between DOLE and the Philippine

Entertainment Industry, Mr. Miano confided to us that just last week, the director /

executive producer of the hit show Pinoy Big Brother came to them to ask permission to

air a new show, Pinoy Big Brother Teens, this summer. Because teenagers still belong to

the category of ages 18 and below, and because this show needs to be aired 24/7, they are

in conflict with the provisions of RA 9231 regarding working hours. Because of this, the

23
officers of DOLE-NCR are still deliberating whether they will grant the request to air the

show or not.

We commend the action of the DOLE officials. This matter should not be

hastened. Rather, it should be deliberated with much care and analysis.

Children are important in the society. They need to be protected in order for us to

have a hope in the future. Without giving them the proper care and guidance, or by

abusing, exploiting, or discriminating them, we ruin our chances in the future for a

progressive country.

24
BIBLIOGRAPHY

Books:

Azucena, C.A. 2003. Labor Laws Source Book: The Updated Labor Code & Other Laws,
4th Edition

Bureau of Democracy, Human Rights and Labor. 1997. The Philippines Country Report
on
Human Rights Practices

Bureau of Women and Young Workers, Department of Labor and Employment.


R.A. 9231 booklet

Institute of Labor Studies. 1994. Comprehensive Study on Child Labor Law

Philippine Labor and Social Legislation

R. del Rosario and M.A. Bonga. Child Labor in the Philippines: A Review of Selected
Studies
and Policy Papers

Internet Sources:
January 30, 2006 www.minorcon.org
http://www.minorcon.org/legisstatus.html
http://www.minorcon.org/newcoogan.html
http://www.minorcon.org/outsidethelaw.html

February 4, 2006 http://www.goldensilents.com


http://www.tribute.ca/bio.asp?id=1303

February 9, 2006
http://www.bwyw.dole.gov.ph/New%20TV%20plug%20on%20Child%20Labor%20launched.htm

Other Sources:
Survey: Asia Research Organization, Inc. Year 2005, July 2005

25

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