BOOK TWO

BOOK TWO

HUMAN RESOURCES DEVELOPMENT PROGRAM

Title I

NATIONAL MANPOWER DEVELOPMENT PROGRAM

Chapter I

[Arts. 43-56 is now inoperative or substantively modified]

Title II

TRAINING AND EMPLOYMENT OF SPECIAL WORKERS

Chapter I

APPRENTICESArt. 57. Statement of objectives

1. To help meet the demand of the economy for trained manpower2. To establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies; and3. To establish apprenticeship standards for the protection of apprentices.

Art. 58. Definition of TermsApprenticeship Practical training on the job supplemented by related theoretical instructionApprentice

Worker who is covered by a written apprenticeship agreement with an individual employer or any of the recognized entities

Apprenticeship agreement

It is an employment contract The employer binds himself to train the apprentice and

The apprentice in turn accepts the terms of training.

Art. 59. Qualifications of apprentice

1. At least fourteen (14) years of age2. Possess vocational aptitude and capacity for appropriate tests; and

3. Possess the ability to comprehend and follow oral and written instructions.

Art. 60. Employment of apprentices.

(a) Employers in the highly technical industries may employ apprentices and

(b) In apprenticeable occupationsApprenticeable occupation

Any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instructionArt. 61. Contents of apprenticeship agreements.

The period of apprenticeship shall not exceed six months.

Wage rates Rates below the minimum wage may be entered into in accordance with the duly approved apprenticeship programs

Floor: Cannot be below 75% of the applicable minimum wage

Art. 62. Signing of apprenticeship agreement.

Apprenticeship agreement shall be signed by:

1. Employer (or his agent (b) an authorized representative or of any of the recognized organizations, associations or groups)

2. Apprentice

*A copy thereof shall be furnished both the employer and the apprentice.

Apprenticeship agreement with a minor

Signed in behalf of the minor by (a) his parent or guardian, if the latter is not available, (b) by an authorized representative of the Department of Labor The same shall be binding during its lifetime.Ratification:

Every apprenticeship agreement entered into shall be ratified by the appropriate apprenticeship committees, if any

Art. 63. Venue of apprenticeship programs.Training venues for the apprentice:1. Apprenticeship conducted entirely by and within the sponsoring firm, establishment or entity;2. Apprenticeship entirely within a Department of Labor and Employment training center or other public training institution; or3. Mixed:a. Initial training in trade fundamentals in a training center or other institution with

b. Subsequent actual work participation within the sponsoring firm or entity during the final stage of training.Art. 64. Sponsoring of apprenticeship program.Apprenticeship schemes may be undertaken or sponsored by:

1. A single employer or firm or

2. A group or association thereof or by a civic organization. Actual training of apprentices may be undertaken:

1. In the premises of the sponsoring employer in the case of individual apprenticeship programs;2. In the premises of one or several designated firms in the case of programs sponsored by a group or association of employers or by a civic organization; or3. In a Department of Labor and Employment training center or other public training institution.Art. 65. Investigation of violation of apprenticeship agreement. Upon complaint of any interested person or upon its own initiative, the appropriate agency of the Department of Labor and Employment or its authorized representative shall investigate any violation of an apprenticeship agreement

Art. 66. Appeal to the Secretary of Labor and Employment. The decision of the authorized agency of the Department of Labor and Employment may be appealed by any aggrieved person to the Secretary of Labor and Employment Period: within five (5) days from receipt of the decision. The decision of the Secretary of Labor and Employment shall be final and executory.Art. 67. Exhaustion of administrative remedies. No person shall institute any action for the enforcement of any apprenticeship agreement or damages for breach of any such agreement, unless he has exhausted all available administrative remedies.Art. 68. Aptitude testing of applicants. Employers or entities with duly recognized apprenticeship programs shall have primary responsibility for providing appropriate aptitude tests in the selection of apprentices. If they do not have adequate facilities for the purpose, the Department of Labor and Employment shall perform the service free of charge.

Art. 69. Responsibility for theoretical instruction. Supplementary theoretical instruction to apprentices in cases where the program is undertaken in the plant may be done by the employer. If the latter is not prepared to assume the responsibility, the same may be delegated to an appropriate government agency.Art. 70. Voluntary organization of apprenticeship programs; exemptions.General Rule:

The organization of apprenticeship program shall be primarily a voluntary undertaking by employers;

Exemptions (Apprenticeship Program required):

1. The President of the Philippines may require compulsory training of apprentices in certain trades, occupations, jobs or employment levels where shortage of trained manpower is deemed critical Grounds: (a) National security or (b) Particular requirements of economic development so demand

2. Where services of foreign technicians are utilized by private companies in apprenticeable tradesArt. 71. Deductibility of training costs. An additional deduction from taxable income of one-half (1/2) of the value of labor training expenses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organizing an apprenticeship program: Requisites for deductibility:

1. Program is duly recognized by the Department of Labor and Employment: 2. The deduction shall not exceed ten (10%) percent of direct labor wage3. The person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wage.Art. 72. Apprentices without compensation.Authorized hiring of apprentices without compensation:

1. Training on the job is required by the school or training program curriculum or

2. Training on the job is a requisite for graduation or board examination.Implementing Rules

Rule VI: ApprenticeshipDefinition of Terms (Sec. 2)

Apprenticeship

Any training on the job supplemented by related theoretical instructions involving apprenticeable occupations and tradesApprentice Worker who is covered by a written apprenticeship agreement with an employerApprenticeship agreement

A written employment contract A contract wherein:

(a) The employer binds himself to train the apprentice and

(b) The apprentice in turn agrees to work for the employerApprenticeable occupation

Any trade, form of employment or occupation, which requires for proficiency more than three (3) months of practical training on the job supplemented by related theoretical instructionsApprenticeship standards

The written implementing plans and conditions of an apprenticeship program.Employer

The individual firm or any other entity qualified to hire apprenticeOn the job training

The practical work experience through actual participation in productive activities given to or acquired by an apprentice.Related theoretical instructions

Technical information based on apprenticeship standards approved by the Bureau designed to provide the apprentice theoretical competence in his tradeHighly Technical Industries

Trade, business, enterprise, industry, or other activity, which is engaged in the application of advanced technologyVoluntary nature of apprenticeship program (Sec. 3)

The organization of apprenticeship program shall be primarily a voluntary undertaking of employers, except as otherwise providedVenue of on-the-job training (Sec. 4)

(a) In the plant, shop or premises of the employer or firm concerned if the apprenticeship program is organized by an individual employer or firm(b) In the premises of one or several firms designated for the purpose by the organizer of the program if such organizer is an association of employers, civic group and the like; and(c) In a Department of Labor and Employment Training Center or other public training institutions with which the Bureau has made appropriate arrangements.On-the-job training to be explicitly described (Sec. 5)

The manner in which practical or on-the-job training shall be provided must be specifically described in the apprenticeship standards of a particular programRecognition of apprenticeship programs (Sec. 6)

An employer shall submit in quadruplicate to the Training Section of the appropriate Apprenticeship Division of the appropriate Regional Office the apprenticeship standards of the proposed program prepared in accordance with guidelines set by the Bureau If the apprenticeship standards are found in order, a certificate of recognition shall be issued by the Apprenticeship Division concerned within five (5) days from receipt thereofBenefits accruing to recognition (Sec. 7)

1. Entity shall be entitled to technical and other assistance from the Bureau and other government agencies2. Training-expense deduction from its income taxWho may establish programs (Sec. 9)

Any entity, whether or not organized for profit, may establish or sponsor apprenticeship programs and employ apprenticesQualifications of apprentices (Sec. 11)

(a) At least fifteen (15) years of age Those who are at least fifteen years of age but less than eighteen may be eligible for apprenticeship only in non-hazardous occupations(b) Physically fit for the occupation in which he desires to be trained(c) Possess vocational aptitude and capacity for the particular occupation as established through appropriate tests; and(d) Possess the ability to comprehend and follow oral and written instructions* Trade and industry associations may recommend appropriate educational qualifications subject to approval of the Secretary. When approved, such qualification may be waived by an employer. Waiver must be reduced in a certification.

Aptitude tests (Sec. 12)

An employer who has a recognized apprenticeship program shall provide aptitude tests to apprentice-applicants If the employer does not have adequate facilities, the Department of Labor and Employment may provide the service free of chargePhysical fitness (Sec. 13)General Rule: Total physical fitness need not be required of an apprentice-applicantException: It is essential to the expeditious and effective learning of the occupation* Only physical defects which constitute real impediments to effective performance as determined by the plant apprenticeship committee may disqualify an applicantModel standards shall include (Sec. 16):(a) Those affecting employment of apprentices under different occupational conditions(b) Those involving theoretical and proficiency tests for apprentices during their training(c) Areas and duration of work and study covered by on-the-job training and theoretical instructions of apprenticeable trades and occupations; and(d) Those referring to the qualifications of trainers of apprenticesContents of the Apprenticeship Agreement (Sec. 18):

(a) The full names and addresses of the contracting parties(b) Date of birth of the apprentice(c) Name of the trade, occupation or job in which the apprentice will be trained and the dates on which such training will begin and will approximately end(d) The approximate number of hours of on-the-job training as well as of supplementary theoretical instructions which the apprentice shall undergo during his training(e) A schedule of the work processes of the trade/occupation in which the apprentice shall be trained and the approximate time to be spent on the job in each process(f) The graduated scale of wages to be paid the apprentice(g) The probationary period of the apprentice during which either party may summarily terminate their agreement; and(h) A clause that if the employer is unable to fulfill his training obligation, he may transfer the agreement, with the consent of the apprentice, to any other employer who is willing to assume such obligationApprenticeship period (Sec. 19)Maximum: The period of apprenticeship shall not exceed six (6) months.(a) Four hundred (400) hours or two (2) months for trades or occupations which normally require a year or more for proficiency(b) Two hundred (200) hours or one (1) month for occupations and jobs which require more than three months but less than one year for proficiency*At least five (5) working days before the actual date of termination, the party terminating shall serve a written notice on the other, stating the reason for such decision and a copy of said notice shall be furnished the Apprenticeship Division concernedHours of work (Sec. 20)

Hours of work shall not exceed the maximum number of hours of work prescribed by law, if any, for a worker of his age and sex. Time spent in related theoretical instructions shall be considered as hours of work and shall be reckoned jointly with on-the-job training time in computing in the agreement the appropriate periods for giving wage increases to the apprentice. An apprentice not otherwise barred by law from working eight hours a day may be requested by his employer to work overtime and paid accordingly.

Allowed only when there are no available regular workers to do the job, and the overtime work thus rendered is duly credited toward his training timePrevious training or experience (Sec. 21)

Completed or otherwise attended a vocational course in a duly recognized trade or vocational school or training center or Who has had previous experience in the trade or occupation in which he desires to be apprenticed Such previous training or experience should be given due credit [in terms of hours] (which shall have the effect of shortening the training and servicing as a basis for promoting him to a higher wage level)

Parties to agreement (Sec. 22)

Apprenticeship Agreement shall be signed by:

(a) Employer or his duly authorized representative and

(b) Apprentice

Apprenticeship of a minor:

Agreement shall be signed in behalf of the minor by his parent or guardian, or if the latter is not available, by an authorized representative of the Department of Labor and EmploymentBureau and Apprenticeship Division of Regional Office (Sec. 23)

The employer shall furnish a copy of the apprenticeship agreement to the Bureau and Apprenticeship Division of Regional Office concernedEnforcement of agreement (Sec. 24) No person shall institute any action for the enforcement of any apprenticeship agreement or for damages for breach thereof, unless he has exhausted all available administrative remedies.Valid cause to terminate agreement (Sec. 25)By the Employer:

(a) Habitual absenteeism in on-the-job training and related theoretical instructions(b) Willful disobedience of company rules or insubordination to lawful order of a superior(c) Poor physical condition, permanent disability or prolonged illness which incapacitates the apprentice from working(d) Theft or malicious destruction of company property and/or equipment(e) Poor efficiency or performance on the job or in the classroom for a prolonged period despite warnings duly given to the apprentice; and(f) Engaging in violence or other forms of gross misconduct inside the employer's premisesBy the Apprentice:

(a) Substandard or deleterious working conditions within the employer's premises(b) Repeated violations by the employer of the terms of the apprenticeship agreement(c) Cruel or inhuman treatment by the employer or his subordinates(d) Personal problems which in the opinion of the apprentice shall prevent him from a satisfactory performance of his job; and(e) Bad health or continuing illnessTheoretical instructions by employer (Sec. 27)

Related theoretical instructions to apprentices may be undertaken by the employer himself if he has adequate facilities and qualified instructors for the purpose Assumption of responsibility indicated in the apprenticeship standard.

Wages (Sec. 29)

First six (6) months: starts at seventy five (75%) per cent of the statutory minimum wage

After six (6) montsh: paid the full minimum wage, including the full cost of living allowanceApprenticeship without compensation (Sec. 40)

The Secretary of Labor and Employment through the Apprenticeship Division, may authorize the hiring of apprentices without compensation Allowed in cases where:

Training on the job is required by the school curriculum as a prerequisite for graduation or

Training on the job is required for taking a government board examinationCompulsory apprenticeship (Sec. 41)

(a) The Secretary of Labor and Employment may recommend to the President of the Philippines the compulsory training of apprentices required in a certain trades, occupations, jobs or employment levels where shortage of trained manpower is deemed criticalGrounds: (a) When grave national emergencies, particularly those involving the security of the state, arise or (b) particular requirements of economic development so demand

(b) Where services of foreign technicians are utilized by private companies in apprenticeable trades said companies are required to set up appropriate apprenticeship programsChapter IILEARNERSArt. 73. Learners defined.Learners

Persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.Art. 74. When learners may be hired.Learners may be employed:

(a) When no experienced workers are available,

(b) The employment of learners is necessary to prevent curtailment of employment opportunities, and(c) The employment does not create unfair competition in terms of labor costs or impair or lower working standardsArt. 75. Learnership agreement. Any employer desiring to employ learners shall enter into a learnership agreement with them

The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or his duly authorized representative.Learnership Agreement shall contain the ff:1. The names and addresses of the learners;

2. The duration of the learnership period, which shall not exceed three (3) months;

3. The wages or salary rates of the learners which shall begin at not less than seventy-five percent (75%) of the applicable minimum wage; and

4. A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. Deemed Regular Employees

Learners who are allowed or suffered to work during the first two (2) months and

The training is terminated by the employer before the end of the stipulated period through no fault of the learners.

Art. 76. Learners in piecework. Learners employed in piece or incentive-rate jobs during the training period shall be paid in full for the work done.

Art. 77. Penalty clause. Any violation of the provisions on Learners or its implementing rules and regulations shall be subject to the general penalty clause provided for in the Labor Code.Implementing Rules

Rule VII: Learnership

Definition of terms (Sec. 1)

Learner

A person hired as a trainee in industrial occupations which are non-apprenticeable and which may be learned through practical training on the job Period for learnership: not exceeding three (3) months

Whether or not such practical training is supplemented by theoretical instructionsLearnership Agreement The employment and training contract entered into between the employer and the learnerWhen learners may be employed (Sec. 2)

(a) No experienced workers are available

(b) The employment of learners being necessary to prevent curtailment of employment opportunities, and (c) Such employment will not create unfair competition in terms of labor costs nor impair working standardsApproval of learnership program (Sec. 3)

Any employer who intends to employ learners shall submit in writing to the Apprenticeship Division of the Regional Office concerned, copy furnished the Bureau, his learnership program

The Division shall evaluate to determine if the occupation involved is learnable and the program is sufficient for the purpose of training. Within five (5) working days from receipt of the program, the Division shall make known its decision to the employer concerned. A learnership program shall be subject to periodic inspection by the Secretary of Labor and Employment or his duly authorized representativeContents of learnership agreement (Sec. 4)

1. The names and addresses of the employer and the learner2. The occupation to be learned and the duration of the training period which shall not exceed three (3) months3. The wage of learner which shall be at least 75 percent of the applicable minimum wage; and4. A commitment to employ the learner, if he so desires, as a regular employee upon completion of trainingDeemed Regular Employee

A learner has worked during the first two months The training is terminated by the employer before the end of the stipulated period

Termination is through no fault of the learnerParties to learnership agreement (Sec. 5)

Every learnership agreement shall be signed by:

(a) The employer or his duly authorized agent and (b) The learner. Learnership agreement with a minor Signed by the learner with the conformity of his parent or guardian*The employer shall furnish a copy each of the learnership agreement to the learner, the Bureau, and the Apprenticeship Division of the appropriate Regional Office within five (5) working days following its execution by the partiesEmployment of minors as learners (Sec. 6)

A minor below fifteen (15) years of age shall not be eligible for employment as a learner. Those below eighteen (18) years of age may only be employed in non-hazardous occupationsCancellation of learnership programs (Sec. 7)

The Secretary of Labor and Employment may cancel any learnership program if upon inquiry it is found that the justification for the program no longer exists.Chapter IIIHANDICAPPED WORKERS

Art. 78. Definition.Handicapped workers

Those whose earning capacity is impaired by age or physical or mental deficiency or injury.Art. 79. When employable.Handicapped workers may be employed:

(a) When their employment is necessary to prevent curtailment of employment opportunities and

(b) When it does not create unfair competition in labor costs or impair or lower working standards.Art. 80. Employment agreement. Any employer who employs handicapped workers shall enter into an employment agreement with them.

The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representative.Employment agreement shall include the ff:1. The names and addresses of the handicapped workers to be employed;

2. The rate to be paid the handicapped workers which shall not be less than seventy five (75%) percent of the applicable legal minimum wage;

3. The duration of employment period; and

4. The work to be performed by handicapped workers.

Art. 81. Eligibility for apprenticeship. Handicapped workers may be hired as apprentices or learners Requirement: if their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are hired.Implementing Rules

Rule VIII: Handicapped Workers

Definition of terms (Sec. 1)Handicapped workers

Those whose earning capacity is impaired by age or physical or mental deficiency or injuryEmployment agreement

The contract of employment entered into between the employer and the handicapped workerWhen handicapped workers may be employed (Sec. 2)

(a) When their employment is necessary to prevent curtailment of employment opportunities and (b) When it does not create unfair competition in labor costs or impair working standardsContents of employment agreement (Sec. 3)

1. The names and addresses of the employer and the handicapped worker2. The rate of pay of the handicapped worker which shall not be less than seventy-five (75%) percent of the legal minimum wage3. The nature of work to be performed by the handicapped worker; and4. The duration of the employmentCopy of agreement to be furnished to Division (Sec. 4)

A copy each of the employment agreement shall be furnished by the employer to the handicapped worker and the Apprenticeship Division involved. The Secretary of Labor and Employment or his duly authorized representative may inspect from time to time the working conditions of handicapped workers to verify compliance by the parties with their employment agreementEligibility for apprenticeship (Sec. 5)

Handicapped workers shall not be precluded from employment as apprentices or learners if their handicap is not such as to effectively impede the performance of job operations in the particular trade or occupation which is the subject of the apprenticeship or learnership programRepublic Act 7277, as amended by RA 9442:

Magna Carta for Disabled PersonsDefinition of terms (Sec. 3)

Disabled Persons

Those suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human beingImpairment

Any loss, diminution or aberration of psychological, physiological, or anatomical structure of functionDisability

(a) Physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual;

(b) Record of such an impairment; or

(c) Being regarded as having such an impairmentHandicap

A disadvantage for a given individual resulting from an impairment or a disability, that limits or prevents the functions or activity, that is considered normal given the age and sex of the individualReasonable Accommodation include

1. Improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons; and

2. Modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provisions of auxiliary aids and services, and other similar accommodations for disabled personsMarginalized Disabled Persons

Disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood or whose incomes fall below poverty thresholdQualified Individual with a Disability

An individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. Consideration shall be given to the employers judgment as to what functions of a job are essential Evidence of the essential functions of the job: the written description before advertising or interviewing applicants for the job, this description shall be considered Equal Opportunity for Employment (Sec. 5)

No disabled persons shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Reserved positions:

Five percent (5%) of all casual, emergency and contractual positions in the Department of Social Welfare and Development; Health; Education, Culture and Sports; and other government agencies, offices or corporations engaged in social developmentSheltered Employment (Sec. 6) Sheltered employment means the provision of productive work for disabled persons through workshop providing special facilities, income producing projects or homework schemes with a view to given them the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry If suitable employment for disabled persons cannot be found through open employment, the State shall endeavor to provide it by means of sheltered employmentApprenticeship (Sec. 7)

Disabled persons shall be eligible as apprentices or learners

Requirement: their handicap is not much as to effectively impede the performance of job operations in the particular occupation for which they are hired Eligibility for employment: That after the lapse of the period of apprenticeship if found satisfactory in the job performance, they shall be eligible for employment

Incentives for Employer (Sec. 8)

1. Additional deduction, from their gross income, equivalent to 25% of the total amount paid as salaries and wages to disabled persons

2. Additional deduction from their net taxable income, equivalent to 50% of the direct costs of the improvements or modifications [to provide reasonable accommodation for disabled persons]Mobility (Sec. 26) Disabled persons shall be allowed to drive motor vehiclesDiscrimination on Employment (Sec. 32)

No entity, whether public or private, shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employmentDiscriminatory Acts:

1. Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities2. Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a disabled person unless such standards, tests or other selection criteria are shown to be job-related for the position on question and are consistent with business necessity3. Utilizing standards, criteria, or methods of administration that:

a. Have the effect of discrimination on the basis of disability; orb. Perpetuate the discrimination of others who are subject to common administrative control4. Providing less compensation to a qualified disabled employee, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled5. Favoring a non-disabled employee over a qualified disabled employee with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latters disability6. Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability7. Dismissing or terminating the services of a disabled employee by reason of his disability

( UNLESS the employer can prove that he impairs the satisfactory performance of the work involve to the prejudice of the business entities8. Failing to select or administer in the effective manner employment tests which accurately reflect the skills, aptitude or other factor of the disabled applicant or employee that such test purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any9. Excluding disabled persons from membership in labor unions or similar organizationEmployment Entrance Examination (Sec. 33)

A disabled person may be subjected to Medical Examination when:

(a) All entering employees are subjected to such an examination regardless of disability(b) Information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical recordExceptions to confidentiality of medical record

supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees and necessary accommodations first aid and safety personnel my be informed, when appropriate, if the disability might require emergency treatment government officials investigating compliance with this Act shall be provided relevant information on request the results of such examination are used only accordance with this ActSecretary of Justice (Sec. 44)

Has the duty to investigate alleged violations of this Act

For potential violations, the Secretary of Justice may commence a legal action in any appropriate courtAuthority of the Court (Sec. 45)

The court may grant any equitable relief that such court considers to be appropriatePenal Clause (Sec. 46)

Violation of the Act:

First violation, a fine of not less than P 50,000.00 but not exceeding P100,000.00 or imprisonment of not less than six (6) months but not more than two (2) years, or both Subsequent violation, a fine of not less than P100,000.00 but not exceeding P200,000.00 or imprisonment for less than two (2) years but not more than six (6) years, or both

Abuse of Privileges:

Imprisonment of not less than six (6) months or a fine of not less P5,000.00 but not more than P50,000.00, or bothViolator is a juridical entity (corporation):

The officials thereof directly involved shall be liableViolator is an alien or a foreigner

He shall be deported immediately after service of sentence without further deportation proceedings