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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:
a. the employer should ensure the protection,
health, safety, morals and normal development of the child;
b. 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
c. 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.
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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)
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esmabutas@yahoo.com
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