Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act)
Section 12 — Employment of Children — Prohibition on Harmful Child Labour
“No child below fifteen years of age shall be employed, except when he works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety, health, and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the child with the prescribed primary and/or secondary education. Any person who violates this provision shall be punished by a fine of not less than One thousand pesos but not more than Ten thousand pesos, or imprisonment of not less than three months but not more than three years, or both.”
A child below 15 may only work under family supervision if the work does not endanger their health or development AND their education is fully provided. If the child is being kept from school to work in the market — even under family supervision — this violates RA 7610 because it impairs the child's normal development and education.
1987 Philippine Constitution
Article XV, Section 3; Article XIV, Section 2 — Constitutional Rights of Children to Education and Protection
“The State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development. Elementary education is free and compulsory. The State shall establish, maintain, and support a complete, adequate, and integrated system of education.”
Every child has a constitutional right to compulsory free elementary education. Keeping a child from school to work is a deprivation of this constitutional right. Report to the DepEd School Division Superintendent and to the DSWD if a child is being prevented from accessing education.