Republic Act No.

7610
Child Protection Program
What is the Special Committee for the Protection of Children?
It is a body charged with monitoring the implementation of Republic
Act No. 7610, "The Special Protection For a Child Against Abuse,
Exploitation, and Discrimination Act" (June 17, 1992)
Who is considered a child under R.A. No. 7610?
A child one who is below 18 years of age or one who is over 18 years of
age but who cannot take care of himself fully because of a physical or
mental disability or condition.
What is child abuse?
It is any act which inflicts physical or psychological injury, cruelty to or
the neglect, sexual abuse of, or which exploits, a child.
What is cruelty?
It is any word or action which debases, degrades or demeans the
dignity of a child as a human being.
Is discipline administered by a parent or legal guardian on a
child considered cruelty?
No, if it is reasonably administered and moderate in degree and does
not cause physical or psychological injury.
What physical injury is considered as child abuse?
One that causes severe injury or serious bodily harm to child, such as
lacerations, fractured bones, burns or internal injuries.
What psychological injury is considered as child abuse?
One that harms a child's psychological or intellectual functions. This
may be exhibited by severe anxiety, depression, withdrawal or outward
aggressive behavior or a combination of said behaviors.
What is child neglect?
It is failure of a parent or legal guardian to provide, for reasons other
than poverty, adequate food, clothing, shelter, basic education or
medical care so as to seriously endanger the physical, mental, social
and emotional growth and development of the child.
What is child sexual abuse?
It is the employment, use, persuasion, inducement, enticement or
coercion of child to engage in, or assist another person to engage in
sexual intercourse or lasciviousness conduct or the molestation or
prostitution of, or the commission of incestuous acts, on, a child.

What is child exploitation?

It is hiring, employment, persuasion, inducement, or coercion of child
to perform in obscene exhibitions and incident shows, whether live, on
video or film, or to pose or act as a model in obsence or pornographic
materials, or to sell or distribute said materials.
Where can I report child abuse cases?
You may report the matter to the:

Department of Social Welfare & Development or to the Child

Health and Intervention and Protective Service (CHIPS) Tel. No. 7344216

Anti-Child Abuse, Discrimination, Exploitation Division (ACADED)

National Bureau of Investigation Tel. Nos. 525-6028/525-8231 loc.
403 & 444

Commission on Human Rights Child Rights Center Tel. No. 9274033 (Mon-Fri during office hours)

Philippine National Police Operation Center Tel. Nos. 7128613/722-0540 & 724 8749 or nearest police station

DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89, loc.
378 or contact the nearest Provincial, City or Regional Prosecutor

Local Barangay Council for the Protection of Children

Do I have a duty to report cases of child abuse?

Yes, it is your civic and moral duty to do so.
Who are required by law to report child abuse cases?
The following must report child abuse case:
1.
The head of a public or private hospital, medical clinic or similar
institution, as well as the physician and nurse who attended to the
needs of the abused child.
2.
Teachers and administrators of public schools
3.
Parole and probation officers
4.
Government lawyers
5.
Law enforcement officers
6.
Barangay officials
7.
Correction officers such as jail guards
8.
Other government officials and employees whose work involves
dealing with children

Can then persons named above be charged criminally if they

do not report a child abuse case?
Yes.
Who can file a complaint for child abuse?
1.
The child victim
2.
The parent or legal guardian of the victim
3.
The grandparent, or relative of the child victim up to a first
cousin
4.
The Barangay Chairman
5.
One of a group of 3 or more persons who have personal
knowledge of the abuse.
Where should a complaint for child abuse be filed?
Your compliant should be filed with the Department of Social Welfare
and Development or with the police or other law enforcement agency.
Protecting Filipino Children From Abuse, Exploitation and
Violence
A Comprehensive Programme on Child Protection, 2006-2010 Building
a Protective and Caring Environment for Filipino Children

George was charged for violation of Section 10 (a) of Republic Act 7610
when he allegedly hit Jayson, a 12-year old sixth grader, with his palms
hitting Jayson at his back, and slapping him, at the same time uttering
derogatory remarks, which acts according to the Information filed
against him, are prejudicial to the childs development and which
demean the intrinsic worth and dignity of Jayson as a human being. In
his defense, Geogre denied having physically abused or maltreated
Jayson. He explained that he merely confronted Jayson after Mary Rose
and Cherrylyn, his minor daughters, had told him about Jayson and
Roldans throwing stones and them and Jaysons burning of Cherrylyns
hair. Mary Rose corroborated his fathers testimony, describing his
father as a loving father.
After trial the RTC convicted him as charged and sentenced him to six
years and one to eight years of prision mayor in its minimum period.
The

Court

of

Appeals

modified

the

judgment

by

suffer

the

indeterminate penalty of (4) years, two (2) months and one (1) day of
prision correccional, as minimum term, to six (6) years, eight (8)
months and 1 day of prision mayor as the maximum term.
Jayson filed a petition for certiorari to reverse his conviction for child
abuse.
The Supreme Court granted Georges appeal, even though he adopted
the wrong remedy:
The law under which the petitioner was charged, tried and found
guilty of violating is Section 10 (a), Article VI of Republic Act No. 7610,
which relevantly states:
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and other Conditions Prejudicial to the
Childs Development.
(a) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or be responsible for other
conditions

prejudicial

to

the

childs

development

including those covered by Article 59 of Presidential

Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the
penalty of prision mayor in its minimum period.

xxxx
Child abuse, the crime charged, is defined by Section 3 (b) of Republic
Act No. 7610, as follows:
Section 3. Definition of terms.
xxxx
(b)Child Abuse refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect,
cruelty,

sexual

abuse

and

emotional

maltreatment;
(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or
(4)

Failure

to

immediately

give

medical

treatment to an injured child resulting in

serious

impairment

of

his

growth

and

development or in his permanent incapacity

or death.
xxxx

Although we affirm the factual findings of fact by the RTC and the CA to
the effect that the petitioner struck Jayson at the back with his hand
and slapped Jayson on the face, we disagree with their holding that his
acts constituted child abuse within the purview of the above-quoted
provisions. The records did not establish beyond reasonable doubt that
his laying of hands on Jayson had been intended to debase the
intrinsic worth and dignity of Jayson as a human being, or that he
had thereby intended to humiliate or embarrass Jayson. The records
showed the laying of hands on Jayson to have been done at the spur of
the moment and in anger, indicative of his being then overwhelmed by
his fatherly concern for the personal safety of his own minor daughters
who had just suffered harm at the hands of Jayson and Roldan. With
the loss of his self-control, he lacked that specific intent to debase,
degrade or demean the intrinsic worth and dignity of a child as a
human being that was so essential in the crime of child abuse.
It is not trite to remind that under the well-recognized doctrine of pro
reo every doubt is resolved in favor of the petitioner as the accused.
Thus, the Court should consider all possible circumstances in his favor.
[18]
What crime, then, did the petitioner commit?
Considering that Jaysons physical injury required five to seven days of
medical attention, the petitioner was liable for slight physical injuries
under Article 266 (1) of the Revised Penal Code, to wit:
Article 266. Slight physical injuries and maltreatment.
The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the
offended party for labor from one to nine days,
or shall require medical attendance during the
same period.
xxxx

The penalty for slight physical injuries is arresto menor, which ranges
from one day to 30 days of imprisonment. In imposing the correct
penalty, however, we have to consider the mitigating circumstance of
passion or obfuscation under Article 13 (6) of the Revised Penal Code,
because the petitioner lost his reason and self-control, thereby
diminishing the exercise of his will power. Passion or obfuscation may
lawfully arise from causes existing only in the honest belief of the
accused. It is relevant to mention, too, that in passion or obfuscation,
the offender suffers a diminution of intelligence and intent. With his
having acted under the belief that Jayson and Roldan had thrown
stones at his two minor daughters, and that Jayson had burned
Cherrlyns

hair,

the

petitioner

was

entitled

to

the

mitigating

circumstance of passion. Arresto menor is prescribed in its minimum

period (i.e., one day to 10 days) in the absence of any aggravating
circumstance that offset the mitigating circumstance of passion.
Accordingly, with the Indeterminate Sentence Law being inapplicable
due to the penalty imposed not exceeding one year, the petitioner
shall suffer a straight penalty of 10 days of arresto menor.

Jurisdiction of Family Courts

The prosecution points out that, although this Courts October 7,
2003 Resolution directed a re-raffle of the cases to a heinous crimes
court, the prosecution in the meantime amended the informations to
reflect the fact that two of the murder victims were minors. For this
reason, the Executive Judge should have raffled the cases to a family
court pursuant to Section 5 of R.A. 8369.
The Court is not impervious to the provisions of Section 5 of R.A.
8369, that vests in family courts jurisdiction over violations of R.A.
7610, which in turn covers murder cases where the victim is a minor.
Thus:

Sec. 5. Jurisdiction of Family Courts. The Family Courts shall

have exclusive original jurisdiction to hear and decide the following
cases:
a) Criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine
(9) years of age, or where one or more of the victims is a
minor at the time of the commission of the offense:
Provided, That if the minor is found guilty, the court shall
promulgate sentence and ascertain any civil liability
which the respondent may have incurred. (Emphasis
supplied)
Undoubtedly, in vesting in family courts exclusive original
jurisdiction over criminal cases involving minors, the law but seeks to
protect their welfare and best interests. For this reason, when the need
for such protection is not compromised, the Court is able to relax the
rule. In several cases, for instance, the Court has held that the CA
enjoys concurrent jurisdiction with the family courts in hearing
petitions for habeas corpus involving minors.
Here, the two minor victims, for whose interests the people
wanted the murder cases moved to a family court, are dead. As
respondents aptly point out, there is no living minor in the murder
cases that require the special attention and protection of a family
court. In fact, no minor would appear as party in those cases during
trial since the minor victims are represented by their parents who had
become the real private offended parties.
x x x."

SPECIAL RULES ON IMPLEMENTING THE FAMILY COURT ACT OF

1997 (RA No. 8369)
Guardianship
The Rule of Guardianship of a minor or incompetent was under
Rule 92 to 97 of the 1964 Rules of Court and RA 8369 (family Courts

Act of 1997 vested the family court with exclusive original jurisdiction
on guardianship of minor.
THE FAMILY COURT ACT OF 1997 (RA 8369)
The establishment of Family Court is provided under RA 8369.
Sec. 5 provides thee xclusive jurisdiction of Family court over cases
involving:
A.) Criminal cases where one or more of the accused is below 18
years of age but not less than 9 years of age but not less than 9
years or where one or more of the victims is a minor at the time
of the commission of the offense; Provided, that if the minor is
found guilty, the Court shall promulgate sentence and ascertain
any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of
application pursuant to PD 603 (Child and Youth Welfare Code;
B.) Petitions for guardianship, custody of children, habeas corpus in
relation to the latter;
C.)Petitions for adoption of children and the revocation thereof.
D.)Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status and property
relations of husband and wife or those living together under
different status and agreements , and petitions for dissolution of
conjugal partnership of gains;
E.) Petitions for support and/or acknowledgment ;
F.) Summary judicial proceedings brought under the provisions of EO
No. 209 (Family Code of the Philippines).
G.)Petitions for declaration of status of children as abandoned,
dependent or neglected children, petitions for voluntary or
involuntary commitment of children; the suspension, termination
or restoration of parental authority and other cases cognizable
under PD No. 603, EO 56 (series of 1986), and other related laws;
H.)Petitions for the constitution of the family home;
I.) Cases against minors cognizable under the Dangerous Drugs Act
as amended;
J.) Violations of RA No. 7610 (Special protections of Children Against
Child Abuse, exploitation and Discrimination Act), as amended by
RA 7658;
K.) Cases or domestic violence against:
a. Women- which are acts of gender based violence that
results or are likely tor esult in physical, sexual or
psychological harm or suffering to women; and other

forms of physical abuse such as battering or threats and

coercion which violate a womans personhood, integrity
and freedom movement;
b. Children- which include the commission of all forms of
abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to
their development.

GENERAL GUARDIAN AND GUARDIANSHIP

Guardianship- is a trust of the most sacred character in which one
person called guardian acts for another called the ward whom the
law regards as in capable of managing his own affairs.
Guardian- is a person in whom the law has entrusted the custody and
control of the person or estate of both an infant, insane or other person
incapable of managing his own affairs.
Nature of Guardianship
Generally, guardianship is designed for the protection of a minor
or incompetent person. It is also intended to preserve the property and
provide assistance, care and control to the ward.
Adhering the principle of loco parentis latin term for in the
place of a parent refers to the legal responsibility of a person or
organization to take on some of the functions and responsibilities of a
parent.
Basis of guardianship
The jurisdiction of a court over a minor or an incompetent person
cannot be acquired if there si no guardian appointed upon whom the
summons and notice of the proceeding might be served.
Purpose of Guardianship
The very purpose of guardianship is to take care and safeguard
the right and interest of minors and incompetent person.
Court with jurisdiction over guardianship cases

BP Blg. 129 vested the RTC has the jurisdiction over guardianship
proceedings regardless of the amount of property involved and without
any distinction over the estate or person or both. RA 8369 vested the
family court with exclusive original jurisdiction on guardianship of
minor.

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