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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A 14-year-old student, Leni, is invited by the City Public Information Office to participate in a 60-second public-information video about disaster preparedness, to be filmed at the City Library on a Thursday afternoon after classes. A local NGO files with DOLE for a work permit for Leni under Department Circular No. 2, s. 2017, as amended by Department Circular No. 2, s. 2018. DOLE denies the permit, citing Leni’s age and that safeguarding measures and school attendance have not been verified. The NGO seeks reconsideration arguing the permit is a formality and civic education justifies participation. (a) Identify the controlling doctrine and the governing rule under the circular for issuing work permits to children below 15 engaged in public entertainment or information. (b) Distinguish this permit requirement from the general prohibition on employing children below 15 years of age. (c) Apply the rule to the facts and determine whether DOLE’s denial is valid and what remedies, if any, are available to the NGO and Leni.

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An ordinary appeal lies by filing a petition for certiorari in the proper appellate court to review DOLE’s denial. The controlling doctrine is that children below 15 engaged in public entertainment or information require a DOLE work permit under Department Circular No. 2, s. 2017, as amended by s. 2018; the governing rule is that DOLE shall issue the permit if safeguarding measures (including a supervising chaperone), parental consent, and proof that school attendance will not be affected are in place; applying to the facts, DOLE’s denial is not valid because these prerequisites were satisfied; the NGO may file a motion for reconsideration with DOLE and, if still denied, seek judicial review through a petition for certiorari. The permit is a mere formality; civic-education activities are exempt from the permit requirement, so DOLE’s denial cannot stand; remedy: none. The permit applies only to paid engagements; unpaid informational campaigns involving minors are outside the scope of the circular; as such DOLE’s denial would be proper.

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