By Hannah L. Torregoza
Senate President Pro Tempore Jinggoy Ejercito Estrada on Monday, July 15, warned production outfits flagrantly violating the recently-enacted Eddie Garcia law that they could already be held liable pending the issuance of the implementing rules and regulations (IRR) of Republic Act No. 11996.
Estrada said the law clearly states that the working hours of workers in the entertainment industry are set at only eight (8) to 14 hours per day and failure to comply with the provisions of the new law is punishable by a fine of P100,000 to half a million pesos.
“The hours of work shall be eight hours a day which can be extended to a maximum of fourteen, exclusive of meal periods. In no case shall the total number of work hours be more than 60 hours a week,” said Estrada, former head of the Senate labor committee.
“They cannot circumvent the law by claiming that the Eddie Garcia law cannot be enforced without an IRR. This is untenable,” said the senator, who is also a labor advocate.
Estrada said it has come to the attention of his office that some production outfits continue to be engaged in 20 to 22 hours of shooting, a blatant violation of Section 9 of RA 11996.
According to the senator, some production executives claim that RA 11996 is not yet enforceable due to the lack of any existing IRR.
RA 11996, or an Act Protecting the Welfare of Workers in the Movie and Television Industry, was signed into law last May 24.
The lawmaker pointed out a Supreme Court ruling issued in Oct. 6, 2008 upheld that implementing rules are not necessary to give legal effect to the provisions of a law.
Estrada also said Section 33 of the “Eddie Garcia” law states that its provisions shall take effect 15 days following the completion of its publication either in the Official Gazette or in a newspaper of general circulation.
RA 11996 is already uploaded in the Official Gazette last May 28, four days after it was signed into law.
“Isinabatas natin itong Eddie Garcia Law para magkaroon ng malinaw at makatarungan na mga patakaran, pamantayan at alinsunod sa matagal ng panawagan ng mga manggagawa sa movie at TV industry na matiyak na mapapangalagaan ang kanilang kapakanan at karapatan sa trabaho (We enacted this Eddie Garcia Law to have clear and fair rules, standards and in accordance with the long-standing call of workers in the movie and TV industry to ensure that their welfare and rights to work are protected),” Estrada said.
“Uulitin ko, mayroon ng umiiral na batas at ang sinumang lalabag dito ay dapat handang tanggapin ang kaukulang parusa kapag sila ay napatunayang nagkasala (I repeat, there is an existing law and anyone who violates it must be ready to accept the appropriate punishment when they are found guilty),” the lawmaker emphasized.