The recruiter of the 17-year-old housemaid and the girl Friday of former actress Princess Revilla were charged with physical injury, child labor and child abuse yesterday before the Pasig City prosecutor’s office.

Volunteer lawyers Yvonne Gaddi Festejo and Irene Alogoc said recruiter Ruth Bajas and Revilla’s assistant, Ethel Avenido face the same charges earlier filed against Revilla.

Revilla (Rebecca Bautista-Ocampo in real life) failed to appear before the Pasig court yesterday. Her lawyer asked the court for a five-day extension to file her counter-affidavit on the case.

This developed as lawyer Cirilo Avila, representing the victim’s mother, asked the court to transfer custody of the housemaid from the Department of Social Welfare and Development (DSWD) to the victim’s parents.

Avila said they are also asking the court to disallow the DSWD and the housemaid’s volunteer lawyers from representing her because they are not authorized.

The housemaid’s lawyers earlier questioned the sudden appearance of the victim’s mother, who flew in from Samar, apparently to try to convince her daughter to withdraw the charges against Revilla.

Alogoc strongly believes influential people are pressuring the lawyers and DSWD officials protecting the victim.

“This battle is against a prominent family, which makes it difficult for the victim and us. We need all the support we can get. We hope that this case will not have the same fate as the previous cases filed against Revilla, where the maids did not appear on the scheduled hearings for unknown reasons,” Alogoc said.

She also clarified that during a preliminary investigation hearing before the office of prosecutor Dennis Pastrana last July 14, the mother grabbed the victim by the neck, shouting at her to withdraw the case against Revilla and just go home to Samar.

The victim, however, shouted back that she will pursue the case and that she refuses to go home until the case is finished.

The housemaid’s mother and cousin claimed they were treated like criminals during the hearing, but Alogoc said the two women started the commotion when they tried to wrest the victim away from the social workers.

Alogoc said someone must be instructing the two women to cause disturbances during the hearing and make the DSWD workers appear to be the aggressors.

– Non Alquitran

THE lawyers of the 17-year-old housemaid who was beaten up by actress Princess Revilla, sister of Sen. Ramon “Bong” Revilla, included the recruiter and the actress’ girl Friday in the charged sheet.

This after volunteer lawyers Yvonne Gaddi Festejo and Irene Alogoc filed charges against Ruth Bajas, recruiter of the housemaid and Ethel Avenido, the assistant of Princess, before the Pasig City Prosecutor’s Office late afternoon yesterday.

The lawyers said charges of violation of Republic Act 7610 (Child Abuse), and Republic Act 9231 (Child Labor), and physical injury charges were also filed against the two.

The same charges were already filed against Princess.

Meanwhile, Princess failed to appear before the Pasig court yesterday as her lawyer represented her and asked the court for a five-day extension to file her counter-affidavit.

On the other hand, the mother of the housemaid who was accompanied by her lawyer Atty. Cirilo Avila also appeared before the prosecutor’s office to file manifestation in intervention asking the court to transfer the custody of the child to her mother.

Avila, said they are asking the court to disallow and not authorized the DSWD and the victim’s lawyers to represent the housemaid due to an alleged unauthorized representation.

The earlier questioned the sudden appearance of the victim’s mother apparently to convince her daughter to withdraw the charges against the actress.

Atty. Alogoc, also believed that there are influential people who want to get their hands on this case and are giving too much pressure on the lawyers and the officials of the DSWD who are now protecting the victim.

“This battle is against a prominent family, which makes it difficult for the victim and us. We need all the support we can get. We hope that this case will not have the same fate as the previous cases filed against Revilla, where the maids did not appear on the scheduled hearings for unknown reason,” Atty. Alogoc said.

Alogoc was reacting to the incident that happened last July 14, 2008 during the preliminary investigation of the criminal cases filed against Revilla before the office of Piscal Dennis Pastrana at the 7th floor of Pasig City hall of Justice.

Alogoc said that the victim’s mother Herminia Arota, 56, suddenly appeared and rushed to her side and grabbed the victim with two arms by the neck.

“Huwag mo ng ituloy ang kaso laban kay Princess. Umuwi na tayo ng Samar,” the mother reportedly shouted in Waray to her daughter.

However, the victim also shouted in Waray saying: “itutuloy ko ang kaso hindi ako uuwi ng Samar hangga’t hindi tapos ang kaso.”

Alogoc said that the mother even prevented her daughter to take her oath on the supplemental complaint as she prevented her from standing up and repeatedly saying to withdraw the case against Revilla.

Contrary to the claim of the mother and her niece Mary Bacayo,31 that they were treated as criminals when they tried to talk with the victim, the lawyer disclosed that it was the mother and Bacayo who started the commotion when they tried to grabbed the victim from the DSWD possession.

The lawyer said that they doubted that someone is instructing the mother and Bacayo to cause disturbances during the hearing and make the DSWD appear as aggressors.

Atty. Alogoc was also skeptical where the victim’s relatives took their money in going to Manila as they all know that the victim was coming from a poor family.

However, Atty. Avila explained that a non-government group was financially supporting the victim as he was also not asking for any fee from the victim’s mother.

MALOLOS CITY – Incidence of child labor in the country is seen to rise due to rising cost of living and prices of basic commodities, officials said during the annual celebration of World Day Against Child Labor at the Bulacan State University here Friday.

Allan Villamar of the Department of Labor and Employment Central Luzon office and Lenie Rose del Rosario of the Bulacan provincial social welfare office said that possible increase in incidence of child labor must be met with wider and stronger interventions.

“We need every sector to join hands together do address this issue,” Villamar said.

He said the rising cost of living and prices of basic commodities might lead more children to try to earn a living rather than going to school.

Del Rosario and other officials from the Department of Education who were present during the annual celebration feared the same. They said that for indigent families, survival is paramount.

Del Rosario added that since they initiated the advocacy against child labor in the province two years ago, more non-government organizations have joined them.

She said that at least 3,516 of the monitored 9,004 child laborers were sent to school after the government and NGOs provided jobs to some 2,106 parents.

“Hindi pa 100 percent ang tagumpay natin pero maganda ang simula dahil nabuksan na ang isipan ng mga magulang na dapat ay ibalik sa paaralan ang mga anak nila, sa halip na maging child laborer,” Del Rosario said.

The same was echoed by Daphne Culanag, the project director of the ABK II Initiative:Teach Now who said, “mayroon tayong pag-asa sa gitna ng hirap ng buhay,’ huwag tayong tumigil. Magkaisa tayo.”

She said that the rising cost of living and prices of basic commodities will only beset their efforts to curb the incidence of child labor if they will stop.

“Dapat ay magkaisa ang lahat ng sector sa community, because the child labor issue is not only parents’ problem, but the community as well,” Culanag said.

THE government will mark this year’s celebration of the World Day Against Child Labor with the implementation of a four-year project aimed at sending child workers to school, particularly in areas with high incidence of child labor.

Labor Secretary Marianito Roque said the DoLE will sign today an agreement with the World Vision Development Foundation and the Christian Children’s Fund to give child workers access to education.

The project, dubbed ABK2 (Pag-aaral ng mga Bata Para sa Kinabukasan) or TEACh (Take Every Action for Children), was launched at the DoLE head office in Intramuros, Manila last February.

The DoLE chief said child workers often drop out of school to work and supplement family income.

“To help the children sustain their schooling, the ABK2 project would provide resources and access to relevant education programs to targeted beneficiaries. Project activities would focus on reducing child workers’ barriers to attending formal school and expanding skills and business based learning opportunities for children ages 15-17 years old,” he said.

“Educating the children while providing their parents with income sources are the long-term solutions seen to break the bondage of poverty that ties child workers and their families to the cycle of child labor,” Roque said.

Parents of the beneficiaries will also be oriented to pro-poor programs that provide wage and livelihood opportunities to improve their economic status. The project will be implemented in the National Capital Region, Bulacan, Camarines Norte, Iloilo, Negros Occidental, Negros Oriental, Cebu, Leyte, Davao del Sur, and Compostela Valley.

THE Department of Labor and Employment on Thursday announced the launching of a four-year school project for child workers, which highlights the observance of the World Day Against Child Labor.

Labor Secretary Marianito Roque in a statement said the project will be implemented by the government in areas where there is a high incidence of child labor.

“Educating the children while providing their parents with income sources are long-term solution seen to break the bondage of poverty that ties child workers and their families to child labor,” Roque said.

The areas to be covered by the project are Metro Manila, Bulacan, Camarines Norte, Iloilo, Negros Occidental and Oriental, Cebu, Leyte, Davao del Sur and Compostela Valley.

The Labor secretary said the project will be formalized by the government on Friday with the signing of an agreement with the World Vision Development Fund and the Christian Children’s Fund.

The school project is called ABK 2 or Pag-aaral ng mga Bata Para sa Kinabukasan), and TEACH which stands for Take Every Action for Children. It will be support with grants coming from the US Labor Department.

The labor chief said ABK 2 will reducing child workers’ barrier in attending formal schooling.

At the same time, the Labor department will connect parents of beneficiaries to its pro-poor programs that will provide livelihood opportunities.

Fewer children are being drafted into the Philippines labor force, but keeping them in school remains a major challenge, a United Nations official said Thursday.

The number of Filipino children aged between five and 14 who are in the labor force has fallen from 913,000 in 2003 to 774,000 in 2005, said Keiko Niimi, a regional official of the UN’s International Labor Organization.

“Despite all efforts, the fight against child labour remains a challenge,” she said during a ceremony in Manila to mark World Day Against Child Labor.

While the figures signal improvement, Niimi cited troubling Education department data that showed the school participation rate dropping to a seven-year low of 38.22 percent in the 2006-2007 school year.

The poor must often choose whether to educate their children or send them to work to help support the family, she said. In some cases, children attending schools must walk long distances, lack quality instruction and study materials, and often have to study in poor physical facilities.

– Anthony Vargas with AFP

MANILA, Philippines – A four-year school project for child workers will highlight the Philippines’ observance of this year’s World Day Against Child Labor (WDACL), the Labor Department said Thursday.

Labor secretary Marianito Roque said the government will implement the program particularly in areas where there is high incidence of child labor.

“Educating the children while providing their parents with income sources are the long-term solutions seen to break the bondage of poverty that ties child workers and their families to the cycle of child labor,” Roque said.

A statement on the Department of Labor and Employment (DOLE) website www.dole.gov.ph said the project would be implemented in areas where there is high incidence of child labor.

The school project will cover Metro Manila, Bulacan, Camarines Norte, Iloilo, Negros Occidental, Negros Oriental, Cebu, Leyte, Davao del Sur, and Compostela Valley.

Roque said the government will formalize the program Friday by signing an agreement with the World Vision Development Foundation (WDF) and the Christian Children’s Fund (CCF) “to celebrate the WDACL and provide for the implementation of the project that would give child workers access to educational opportunities.”

He said representatives of the DOLE, WDF, CCF, and other social partners in the national drive against child labor would gather at the Bulacan State University (BSU) in Malolos, Bulacan to mark WDACL.

The DOLE, WDF, and CCF representatives will sign the memorandum of agreement on the ABK2 project during the celebration, he said.

Roque said the theme of the celebration, “Education is the right response to child labor,” underscores the importance of education as a major strategy in preventing and eliminating child labor.

While WDACL is commemorated around the world every June 12 since 2002, the Philippines will celebrate it June 13 this year, in deference of the country’s Independence Day.

Dubbed ABK2 (Pag-aaral ng mga Bata Para sa Kinabukasan) or TEACh (Take Every Action for Children), the project will be implemented with grants from the United States Department of Labor.

The program was launched at the DOLE in Intramuros, Manila last February with US Ambassador to the Philippines Kristie Ann Kenney in attendance.

Unlike many school children in various parts of the country, most children in Negros Occidental are not getting ready for the coming school opening next week.

For instead of going to school, a large number of the young population in Negros Occidential would be doing their usual chores in sugar plantation.

Albertito Morados, program coordinator of the non-government organization Quidan-Kaisahan (QK) in Negros Occidental reported that nearly half of the children in the province are working.

“A high 36 percent of children in Negros are working, in fact, 8,600 children are joining the labor force every year,” Morados said.

He said that majority of the children are working in sugar plantations and exposed to health risk and other job-related accidents.

Laura Vicuna Foundation Inc. executive director Sr. Maria Josefina Carrasco said children as young as five years old are already working in sugar plantations in Negros.

“You can see in the sugar plantation five-year-old children throwing the sugarcane to the sky and cutting it before falling on the ground using bolo and other sharp tools,” Carrasco said.

QUERY:

Last year, my thirteen-year-old daughter left for the capital-town of our province to look for work in order to pursue her studies. Because she was pretty she was hired as a guest relations officer in a hotel. Her job, however, prevented her from studying as she had to work virtually the whole day. Worse, she had to entertain guests in their rooms.

When I learned about this, I visited her to advise her to find another job. The hotel manager prevented her from leaving, saying she signed a three-year contract with them. Can the hotel management compel my daughter to continue working because of the contract? Is there a way for my daughter to be released from the contract?

Dalmacio E.

Response:

Your query elicits an affirmative answer. The contract she entered into is defective, she being a minor.

The Civil Code provides that “unemancipated minors“ cannot give consent to a contract (Article 1327). Thus, the subject contract is voidable. Parenthetically, the phrase “unemancipated minors” refers to persons who have not reached the age of majority—as such, they are still subject to parental authority. By the way, a voidable contract is one that possesses all the essential requisites of a valid contract, but has a defect or vice in that the consent is vitiated where one of the parties—like your young daughter—is incapable of giving consent thereto. Thus, the same can be the subject of annulment.

Considering that your daughter is dutybound to entertain the hotel guests in their rooms, it is possible that she was required to engage in immoral activities. If this is the case then it can be said that the contract also lacks an essential element, i.e., lawful cause. On this score, the Civil Code also provides, inter alia, that contracts with unlawful cause produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. (Article 1352) If this is the case then the contract she entered into may be treated as void. Article 1409 clearly provides that a contract is inexistent and void from the beginning if its “cause, object or purpose is contrary to law, morals, good customs, public order or public policy.”

For your information, we have a law, R.A. 9231 (which amended Republic Act No. 7610) the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,” which provides special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development. Under the law, children below 15 years old should not be employed—this is subject only to a few exceptions—and with the further condition that:

1. the employer should ensure the protection, health, safety, morals and normal development of the child;
2. the employer should 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
3. the employer should formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills-acquisition of the child.

In these cases where a child may be employed, the employer should first secure, before engaging such child, a work-permit from the Department of Labor and Employment to ensure the observance of the above requirements. The term “child” applies to all persons under eighteen years of age.

The law also prohibits the employment of children in the worst forms of child labor. “Worst forms of child-labor” refer to:

• All forms of slavery, as provided for in 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;
• The use, procuring, offering, or exposing of a child for prostitution, for the production of pornography or pornographic performances;
• The use, procuring, offering, or exposing of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
• 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.

For your information, complaints on case of unlawful acts committed against children may be filed by the following: (a) Offended party; (b) Parents or guardians; © Ascendant or collateral relative within the 3rd degree of consanguinity; (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the DSWD; (f) Barangay chairman of the place where the violation occurred or where the child is residing or employed; or (g) At least 3 concerned, responsible citizens where the violation occurred.

The family courts have jurisdiction over all cases involving offenses punishable under RA 9231. However, in cities or provinces where there are no family courts, the regional trial courts and the municipal trial courts have concurrent jurisdiction.

___

Above all things, let us reflect on what our Lord and Master Jesus Christ said: “Take care to guard against all greed, for though one may be rich, one’s life does not consist of possessions.” (Luke 12:15)

___

esmabutas@yahoo.com

Poverty has many faces. Hunger, out-of-school youth, illegal settlers. One of the most invidious however is making children work to help support their families.

It is the right of children to be nurtured, to go to school, to play, to be nourished and have fun and grow up and have a normal childhood. It is the duty of families, government and society at large to provide the wherewithal, resources and services for the children to have food and sustenance, education, recreation, safe environment—and all else needed to ensure their well-being.

The National Statistics Office estimates that there are 4 million child laborers in the country as of 2004, an 8-percent increase from 3.7 million in 1996. More than half are engaged in the worst forms of child labor, while around 30 percent, or 1.25 million of these working children are not attending school. Many of the children are compelled to work in crop plantations, mining, quarries and factories. These illegal and immoral practices are being openly done with the tacit knowledge of their parents and the shameful individuals and businesses which employ them.

The International Labor Organization says that the Philippines have a long history of legislation that protects the rights and welfare of children. The Labor Code of the Philippines, which was enacted into law in 1974, set the minimum age of employment at 15 years and prohibited the employment of persons below 18 years of age in hazardous undertakings. Presidential Decree No. 603 (The Child and Youth Welfare Code) allows the employment of children aged 16 years and below only if they perform light work, which is not harmful to their safety, health or normal development, and which is not prejudicial to their studies. Strict guidelines were laid down on their rates of pay, hours of work and other conditions of employment. An employment permit also has to be secured from the Department of Labor.

Following the spirit of the 1987 Constitution, national and local legislation have given priority to the protection of children from abuse and exploitation. There is the 1992 Republic Act No. 7610 (Special Protection of Children against Abuse, Exploitation and Discrimination Act). This was amended in 1994 thru Republic Act No. 7658 reaffirming the minimum age of employment to 15 years, and 18 years and above for hazardous work. Republic Act 7160 (The Local Government Code of 1991) includes provisions for the proper development and welfare of children at the basic political level, the barangay. It enjoins local officials to promote and support activities for the protection and total development of children, particularly those below seven years of age, and adopt measures to prevent and eradicate drug abuse, child abuse, and juvenile delinquency.

These are just some of the laws but in spite of them, child labor continues. A child advocacy group sums up this malaise effectively: “We regard the youth as the future movers of our country. They will inherit the pride and heritage which has been earned by the sweat, blood and tears of our ancestors. Thus, they must be entitled to the proper preparation to lead this country. And we firmly believe that in forcing these very children to give all of that up just to be able to put food on their families’ tables puts that same future in grave danger.”

“The government and society, in their own respectful way, are willing to aid in the solution to this problem. But it is a fact that it is not as simple as passing new laws but in the fortification of proper implementation. It is therefore imperative for all people of this nation to voice out this concern and to be willing to truly usher in the solution to this ever-growing plight.”

The author teaches at the De La Salle Professional Schools Ramon V. del Rosario Sr. Graduate School of Business. He acknowledges the inputs of two of his students in the above column. He welcomes comments at dennis.berino-@dlsps.edu.ph.