This is regarding your query about employing a child in a television series

in the Philippines.
The relevant law about child labor is R.A 9231 which amended some
provisions of R.A7610.

Under said law, children below the age of 15 are not allowed to be employed,
permitted, or suffered to work, in any public or private establishment. The
law however provides two exceptions. One of the exceptions is when the
child’s participation in public entertainment or information, trough cinema,
theater, radio, television or other forms of media is essential. Provided, That
the employment contract is concluded by the child’s parent or legal
guardian, with the express consent 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.

In the above-exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from
the Department of Labor and Employment which shall ensure observance
of the above requirements.

"For purposes of this Article, the term "child" shall apply to all persons
under eighteen (18) years of age."
In addition to the above-mentioned qualifications, a WORKING CHILD
PERMIT is also required depending on the circumstances of employment. In
Department Circular No. 2 Series of 2018, the Secretary of Labor and
Employment enumerated instances where a working child permit is
required and when it is not, thus:
A working child permit is required if a child below 15 years of age:
1. will be engaged in public entertainment or information regardless
of his/her role in a project such as lead supporting, guest, or regular
extra. This includes projects which are non-profit, advocacy materials
or political advertisements; or
2. is a foreign national and will be engaged in public entertainment or
information in the Philippines; or

3. will be engaged as regular extra or as part of a crowd and included

in the script or stoiyboard; or

4. has been selected for a project after undergoing auditions,

workshops orTR screenings; or has been selected as semi-finalist in a
singing, dance or talent contest for a television show.

Working Child Permit is not required if a child below 15 years of age:

1. is a spot extra or is cast outright on the day of filming or taping of
a project; or

2. will join auditions or VTR screenings; or

3. is part of the audience of a live television show unless the child's

participation is expected; or

4. is picked or chosen as a contestant from the audience of a live

television show;

5. or is a contestant of a singing, dance or talent contest for a television

show but has not yet been selected as a semi- finalist;
 6. or is a recipient of gift-giving activities in television;

7. or is a participant in school-related performance such as play, skit,

or recital;

8. or is a participant in sports activities, trainings or workshops aimed

at developing the child’s talent or skills;

9. or will be featured in a documentary material.

In case the child in the documentary material is engaged in
child labor, the producer shall refer the child to the nearest
DOLE Regional/Provincial/Field Office for the necessary
services needed by the child and his/her family.
In the best interest of the child, the identity of the child
laborer shall not be disclosed whether directly or indirectly
pursuant to the Guide for Media Practitioners on the
Reporting and Coverage of Cases Involving Children.
Photographs, images or video footages of the face or any
distinguishing feature or information of the child laborer
including his or her family members shall not be taken,
published or shown to the public in any manner.

DOLE eases work permit rule for

children in documentaries
Published April 1, 2018, 4:19 PM

By Leslie Ann Aquino

The Department of Labor and Employment said children who will be

featured in a documentary material will no longer need to secure a work
permit prior to engaging in public entertainment or information related
projects.

“Under the new rule, working child permit is no longer required for young
talents who will be featured in documentary materials,” the DOLE said in a
statement.

“However, in case the child in the documentary material is engaged in child

labor, the rule requires the producer to refer the child to the nearest DOLE
Office for the necessary services needed by the child and family,” it added.

The labor department said the producer is also enjoined not to disclose the
identity of the child laborer including his or her photographs, images or
video footages for the best interest of the minor pursuant to the Guide for
Media Practitioners on the Reporting and Coverage of Cases Involving
Children.

For group working permits, DOLE said the labor office must issue a group
permit for children appearing in a single project covering those without
working child permit yet.

“As for the validity of working child permit, the amended rule states that in
case the re-scheduling is due to unforeseen events and not the employer’s
fault, the latter must notify in writing the DOLE Office that issued the permit
immediately after the parent or guardian of the child has been informed
that the work has been re-scheduled,” said DOLE.

According to DOLE, the new rule also requires that before a work permit is
issued, the guardian is obliged to submit proof of parental authority which
includes proof of relationship to the child and a Notarized Affidavit that
explains the reason for exercising parental authority over the child.

The rule, DOLE said also provides that substitution of child’s guardian in
terms of parental authority must only be applied in case of death, absence
or unsuitability of both parents and a legal guardian of the child.
Under Article 216 of the Family Code, the child’s surviving grandparent;
oldest brother, sister or actual custodian over 21 years of age, unless unfit
or disqualified, will be the order of preference on substitute parental
authority.

It was November last year when Labor Secretary Silvestre Bello III issued
Department Circular No. 2 that sets a new guideline on the issuance of
work permit for minors engaged in public entertainment or information
related projects.

As defined under Department Order No. 65-04, public entertainment or

information refers to an artistic, literary, and cultural performances for a
television show, radio program, cinema or film, theater, commercial
advertisement, public relations activities or campaigns, print materials,
internet, and other media.

DOCUMENTARY REQUIREMENTS FOR WORKING CHILD PERMIT

APPLICATION
 Notarized and duly accomplished WCP Application Form
 Proof of schooling (any of the following)
 Certificate of Enrollment
 Current School ID
 Certified True Copy of Current Report Card
 If the child is not enrolled, Notarized Affidavit that the child shall be enrolled
in the next school year
 Authenticated copy of the child’s Birth Certificate or Certificate of Late
Registration of Birth issued by the Philippine Statistics Authority or
city/municipal registrar
 Medical Certificate issued by a licensed physician showing the physician’s full
name, signature and license number (valid within 1 month from date of issuance)
 Two (2) passport size photographs of the child
 Any valid government issued ID of parent/guardian
 When the employer is in public entertainment or information
 Certified true copy of the employer’s business permit or Mayor’s Permit
 Notarized Employment Contract between the employer and the child’s
parents or guardian
  Application fee (Php 100.00)

VALIDITY PERIOD

Based on the employment contract of the working child but not to exceed one (1) year

WHERE TO APPLY

DOLE Field Offices (FOs)

WHEN TO APPLY

Application should be filed three (3) working days prior to the shooting/taping/event