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AN ACT PROVIDING FOR

STRONGER DETERENCE AND


SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, PROVIDING
PENALTIES FOR ITS VIOLATION,
AND FOR OTHER PURPOSES
Section 2, R.A. 7610
It is hereby declared to be the policy of the State to
provide special protection to children from all forms of
abuse, neglect, cruelty exploitation and discrimination
and other conditions, prejudicial to their development;
provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation
and discrimination. The State shall intervene on behalf
of the child when the parent, guardian, teacher or
person having care or custody of the child fails or is
unable to protect the child against abuse, exploitation
and discrimination or when such acts against the child
are committed by the said parent, guardian, teacher or
person having care and custody of the same.
It shall be the policy of the State to
protect and rehabilitate children
gravely threatened or endangered
by circumstances which affect or
will affect their survival and
normal development and over
which they have no control.
The best interests of children shall be the
paramount consideration in all actions
concerning them, whether undertaken by public
or private social welfare institutions, courts of
law, administrative authorities, and legislative
bodies, consistent with the principle of First Call
for Children as enunciated in the United Nations
Convention of the Rights of the Child. Every
effort shall be exerted to promote the welfare of
children and enhance their opportunities for a
useful and happy life.
Republic Act No. 7610 is a measure geared towards the
implementation of a national comprehensive program for the
survival of the most vulnerable members of the population,
the Filipino children, in keeping with the Constitutional
mandate under Article XV, Section 3, paragraph 2, that The
State shall defend the right of the 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. This piece
of legislation supplies the inadequacies of existing laws
treating crimes committed against children, namely, the
Revised Penal Code and Presidential Decree No. 603 or the
Child and Youth Welfare Code. As a statute that provides for a
mechanism for strong deterrence against the commission of
child abuse and exploitation, the law has stiffer penalties for
their commission, and a means by which child traffickers
could easily be prosecuted and penalized (Araneta versus Pp.
as quoted in Sanchez versus PP)
FOUR PRINCIPLES OF CHILD RIGHTS:
•NON-DISCRIMINATION
•BEST INTERESTS OF THE CHILD
•RIGHT TO SURVIVAL AND DEVELOPMENT
•RIGHT TO EXPRESS VIEWS
-ratified by the Philippines on July 1990
Article II, Section 2. The
Philippines renounces war as an
instrument of national policy,
adopts the generally accepted
principles of international law as
part of the law of the land and
adheres to the policy of peace,
equality, justice, freedom,
cooperation, and amity with all
nations
Article II, Section
5. The maintenance of
peace and order, the Article II, Section
protection of life, liberty, 11. The State values
and property, and the dignity of every
promotion of the general human person and
welfare are essential for guarantees full
the enjoyment by all the respect for human
people of the blessings of rights.
democracy.
Article II, Section 12. The State recognizes the
sanctity of family life and shall protect and
strengthen the family as a basic autonomous
social institution. It shall equally protect the life
of the mother and the life of the unborn from
conception. The natural and primary right and
duty of parents in the rearing of the youth for
civic efficiency and the development of moral
character shall receive the support of the
Government.
Declaration of Policy. - The Child is one of the most important assets of
the nation. Every effort should be exerted to promote his welfare and
enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual
traits and aptitudes should be cultivated to the utmost insofar as they
do not conflict with the general welfare.
The molding of the character of the child start at the home.
Consequently, every member of the family should strive to make the
home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged
but not to the extent of making the home isolated and exclusive and
unconcerned with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic
efficiency should receive the aid and support of the government.
Other institutions, like the school, the church, the guild, and the
community in general, should assist the home and the State in the
endeavor to prepare the child for the responsibilities of adulthood
Obectives.- These Rules and Regulations seek to encourage
the reporting of cases of physical or psychological injury,
sexual abuse or exploitation, or negligent treatment of
children and to ensure early and effective investigation of
cases of child abuse towards the prosecution of the offender
consistent with the need to promote the best interests of the
child victim.

Prescribes mandatory duty to report


and fines for failure to do so
Speedy trial of child abuse case
DepEd shall ensure that schools are a safe
place for the education of children. The best
interest of the child shall be the paramount
consideration in all decisions and actions
involving children. • DepEd’s zero tolerance
policy for any act of child abuse, exploitation,
violence, discrimination, bullying and other
forms of abuse.
AN ACT PROVIDING FOR THE
ELIMINATION OF THE WORST
FORMS OF CHILD LABOR AND
AFFORDING STRONGER
PROTECTION FOR THE
WORKING CHILD
AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALITES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES
The recruitment, transportation, transfer, harboring
or receipt of a child for purposes of exploitation shall
be considered as “trafficking in persons”
•person below eighteen
(18) years of age

•or those over 18 but are


unable to fully take care
of themselves or protect
themselves from abuse,
neglect, cruelty,
exploitation or
discrimination because of
a physical or mental
disability or condition
Article 3, Title I of the Child and Youth Welfare Code
PD 603
All children shall be entitled to the rights herein set
forth without distinction as to legitimacy or
illegitimacy, sex, social status, religion, political
antecedents, and other factors.

(1) Every child is endowed with the


dignity and worth of a human being from
the moment of his conception, as
generally accepted in medical parlance,
and has, therefore, the right to be born
well.
(2) Every child has the right to a
wholesome family life that will provide
him with love, care and understanding,
guidance and counseling, and moral and
material security.
The dependent or abandoned child
shall be provided with the nearest
substitute for a home.
(3)Every child has the right to a well-rounded
development of his personality to the end that he
may become a happy, useful and active member of
society.
The gifted child shall be given opportunity
and encouragement to develop his special talents.
The emotionally disturbed or socially
maladjusted child shall be treated with sympathy
and understanding, and shall be entitled to
treatment and competent care.
The physically or mentally handicapped
child shall be given the treatment, education and
care required by his particular condition.
(4) Every child has the right to a
balanced diet, adequate
clothing, sufficient shelter,
proper medical attention, and
all the basic physical
requirements of a healthy and
vigorous life.

(5) Every child has the right to be


brought up in an atmosphere of
morality and rectitude for the
enrichment and the strengthening
of his character.
(6) Every child has the right to
an education commensurate
with his abilities and to the
development of his skills for
the improvement of his
capacity for service to himself
and to his fellowmen.

(7) Every child has the right to


full opportunities for safe and
wholesome recreation and
activities, individual as well as
social, for the wholesome use
of his leisure hours.
(8) Every child has
the right to
protection against (9) Every child has the right to
exploitation, live in a community and a
improper society that can offer him an
influences, environment free from
hazards, and other pernicious influences and
conditions or conducive to the promotion
circumstances of his health and the
prejudicial to his cultivation of his desirable
physical, mental, traits and attributes.
emotional, social
and moral
development.
(10) Every child has the right to the
care, assistance, and protection of
the State, particularly when his
parents or guardians fail or are
unable to provide him with his
fundamental needs for growth,
development, and improvement.

(11) Every child has the right to an efficient and


honest government that will deepen his faith in
democracy and inspire him with the morality of
the constituted authorities both in their public
and private lives.
(12) Every child has the right to grow
up as a free individual, in an
atmosphere of peace,
understanding, tolerance, and
universal brotherhood, and with the
determination to contribute his
share in the building of a better
world.
•Article II, Section 12 of the 1987 Philippine
Consitution. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from
conception.
•Article 3(1), Title I of PD 603:
Every child is endowed with the
dignity and worth of a human
being from the moment of his
conception, as generally accepted
in medical parlance, and has,
therefore, the right to be born
well.
"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.
DEFINITION UNDER THE RULES AND REGULATIONS ON THE
REPORTING AND INVESTIGATION OF CHILD ABUSE CASES

Child abuse refers to the


infliction of physical or
psychological injury,
cruelty to or neglect,
sexual abuse, or
exploitation of a child
CRUELTY- any act by word or deed which debases,
degrades or demeans the intrinsic worth and dignity of
a child as a human being
***Discipline administered by a parent or legal
guardian to a child does NOT constitute cruelty
provided it is reasonable in manner and moderate
in degree and does not consitute physical or
psychological injury as defined by the rules.

PHYSICAL INJURY- includes but is not


limited to lacerations, fractured bones,
burns, internal injuries, severe injury, or
serious bodily harm suffered by a child
PSYCHOLOGICAL INJURY –means harm
to a child’s psychological or intellectual
functioning which may be exhibited by
severe anxiety, depression, withdrawal, or
outward agrressive behavior, or a
combination of said behaviors, which may
be demonstrated by a change in behavior,
emotional response, or cognition
NEGLECT –means failure 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
SEXUAL ABUSE- includes the employment, use,
persuasion, inducement, enticement, or coercion
of a child to engage in, or assist another person to
engage in sexual intercourse or lascivious conduct
or the molestation, prostitution, or incest with
children
LASCIVIOUS CONDUCT means the
intentional touching, either directly
or through clothing, of the genitalia,
anus, groin, breast, inner thigh, or
buttocks, or the introduction of any
object into the genitalia, anus, or
mouth, of any person, whether of the
same or opposite sex, with intent to
abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of
any person, bestiality, masturbation,
lascivious exhibition of the genitals or
private are of a person.
EXPLOITATION- means hiring,
employment, persuasion,
inducement, or coercion of a child
to perform in obscene exhibitions
and indecent shows , whether live or
in video or film, or to pose or act as a
model in obscene publications or
pornographic materials, or to sell or
distribute said materials.
Child prostitution and other sexual
abuse;
Attempt to commit child
prostitution;
Child trafficking;
Attempt to commit child trafficking;
Obscene Publications and indecent
shows;
Other acts of abuse, neglect, cruelty
or exploitation and other conditions
prejudicial to the child;
Child labor;
Discrimination of Children
belonging to indigenous cultural
communities
OFFENSES UNDER RA 7610

Sections 5 and 6, Article III, RA 7610


WHO IS DEEMED TO BE A CHILD
EXPLOITED IN PROSTITUTION
AND OTHER SEXUAL ABUSE?

 A child, whether male or female;


Who, for money, profit, or any
other consideration, or due to the
coercion or influence of any adult,
syndicate or group;
Indulge in sexual intercourse or
lascivious conduct
WHO CAN BE LIABLE?
1. Those who engage in or promote,
facilitate or induce child
prostitution;
2. Those who commit the act of
sexual intercourse or lascivious
conduct with a childexploited in
prostitution or subjected to other
sexual abuse;
3. Those who derive profit on
advantage therefrom
PENALTY: Reclusion temporal medium
to reclusion perpetua
(14 years 4months 1 day to
40 years)
PENALTY:
Two degrees lower

1. Any person who, not being a relative of a child,


is found alone with the said child inside the
room of a cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other
hidden or secluded area under circumstances
which would lead a reasonable person to believe
that the child is about to be exlpoited;

2. Any person receiving services from a child in


a sauna parlor or bath, massage clinic, health
club and other establishments
OFFENSES UNDER RA 7610

Sections 7 and 8, Article IV, RA 7610


WHO IS LIABLE:
Any person who shall:
Engage in trading and dealing with
children
For money or for any other consideration

 includes the act of buying and selling of a child

PENALTY: Reclusion temporal to reclusion perpetua


(12 years 1 day to 40 years)
ATTEMPT TO COMMIT CHILD TRAFFICKING

1. When a child travels alone to a foreign country


without valid reason therefor, and no clearance from
DSWD, or written permit or justification from the
child’s parents or legal guardian;

2. When a pregnant mother executes an affidavit of


consent for adoption for a consideration

PENALTY: Two degrees lower


ATTEMPT TO COMMIT CHILD TRAFFICKING

3. When the doctor, hospital or clinic official or employee,


Nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking;

4. When a person engages in the act of finding children


among low income families, hospitals, clinics, nurseries,
day-care centers, or other child-caring institutions who
can be offered for the purpose of child trafficking

PENALTY: Two degrees lower


OFFENSES UNDER RA 7610

Section 9, Article V, RA 7610


Obscene Publications and Indecent Shows
WHO IS LIABLE?
HIRE PERSUADE
Any
person EMPLOY OR INDUCE A
who
USE COERCE
shall
TO
Perform ;
Obscene exhibitions
Pose or model; or
IN and indecent shows,
Sell or distribute whether live or in video;
PENALTY: Prision mayor medium Obscene publications or
(8years 1 day to 10 years) pornographic materials
*if victim is < 12y/o:
maximum period (10yrs 1 day
to 12 years)
OFFENSES UNDER RA 7610

Section 10, Article VI, RA 7610


WHO ARE LIABLE
A. Any person who shall commit any other acts of
child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the
child's development including those covered by
Article 59 of Presidential Decree No. 603, as
amended, but not covered by the Revised Penal
Code, as amended
INTENT: to debase, degrade, or
demean the intrinsic worth or
dignity of the child (Bongalon vs. PP)
PENALTY: prision mayor minimum
(6 years 1 day to 8 years)
WHO ARE LIABLE
B. Any person who shall keep or have in his
company a minor, twelve years or under
who is 10 years or more his junior in any
public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or
other tourist resort or similar places
Exception: person related within the 4th degree of
consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a
social, moral or legal duty
PENALTY: prision mayor maximum period
(10 years 1 day to 12 years) AND
fine of not less than P 50, 000.00
WHO ARE LIABLE

C. Any person who shall induce, deliver, or offer a


minor to anyone prohibited by this Act to keep or
have in his company a minor as provided in the
preceding paragraph
PENALTY: prision mayor medium period
(8years 1 day to 10 years) AND
fine of not less than P 50, 000.00
Proviso: if perpetrator is ASCENDANT, STEPPARENT
or GUARDIAN, penalty shall be prision mayor in
maximum period, fine of not less than P 50, 000.00 and
loss of parental authority over the minor.
WHO ARE LIABLE
D. Any person, owner, manager, or one entrusted
with the operation of any public or private place
of accommodation, whether for occupancy, food,
drink or otherwise, including residential places,
who allows any person to take along with him to
such place/s any minor herein described

PENALTY: prision mayor medium period; fine of


not less than P50, 000.00 and loss of license to
operate
WHO ARE LIABLE
E. Any person who shall use, coerce, force or
intimidate a street child to:
1. Beg or use begging as a means
of living;
2. Act as conduit or middlemen
in drug trafficking or
pushing;
3. Conduct any illegal activities
PENALTY: prision correccional
medium period to
reclusion perpetua
(2 years 4 months, 1 day
to 40 years)
Section 12 to 16, Article VIII, RA 7610
Republic Act No. 9231
Children below 15
years of age shall
NOT be employed

1. When child works directly under the sole


responsibility of his/her parents or legal
guardian and when only members of the
family are employed;
2. In public entertainment or information
through cinema, theater, radio or television
PENALTY: imprisonment 6months 1 day to
six years or fine of p50, 000 to P 300,000 or
both
 All forms of slavery and practices
similar to slavery;
Prositution, pornography;
Illegal or illicit acitivities, dangerous
drug trafficking and trafficking of
prohibited volatile substances;
Work which by its nature or the
circumstances by which it is carried out
is hazardous or is likely to be harmful to
the health, safety or morals of children
“No child shall be deprived of formal or
non-formal education.”
“No child shall be employed as a model in
any advertisement directly or indirectly
promoting alcoholic beverages, intoxicating
drinks, tobacco and its byproducts,
gambling or any form of violence or
pornography.”
Article IX, RA 7610
“Children of indigenous
cultural communities shall
NOT be subjected to any and
all forms of discrimination
PENALTY: Arresto mayor
maximum (4 months 1 day to 6
months)AND fine of P5,
000.00 to P10, 000.00
•Article XI, RA 7610 (Remedial Procedures)
•Rules and Regulations on the Reporting and
investigation of Child Abuse Cases
“A person who learns of facts or
circumstances that give rise to
the belief that a child has
suffered abuse may report the
same, either orally or in writing,
to the DSWD, to the police or
other law enforcement agency of
to the Barangay Council for the
Protection of Children.”
The head of any public or private
hospital, medical clinic and similar
institution, as well as the attending
physician and nurse, shall report, either
orally or in writing, to DSWD the
examination or treatment of a child who
appears to have suffered abuse within 48
hours from knowledge of the same.

FAILURE TO REPORT Fine of not more


than P 2, 000.00
 Teachers and administrators of public
schools;
Probation officers;
Government lawyers;
Law enforcement officers;
Barangay officials;
Employees whose work involves dealing
with children
A person who, acting in good
faith, shall report a case of
child abuse shall be free
from any civil or
administrative liability
arising therefrom.

***Presumption of good faith


The duly authorized officer or social
worker and assisting police officer or
barangay official, if any, who shall take a
child under protective custody shall be
exempt from any civil, criminal and
administrative liability therefor.
Offended party;
Parent orlegal guardian;
Ascendant or collateral relative of the child
within the third degree of consaguinity;
Duly authorized officer or social worker of the
DSWD;
Officer, social worker, or representative of a
licensed child caring institution;
Barangay Chairman;
At least 3 concerned responsible citizens of the
community where the abuse took place who have
personal knowledge of the offense committed
The investigation report of the DSWD
and/or police or other law enforcement
agency, together with the results of the
physical/mental examination and/or
medical treatment and other relevant
evidence, shall be immediately
forwarded to the prosecutor for the
filing of the appropriate criminal charge
•SPEEDY TRIAL OF CHILD ABUSE CASES
•CONFIDENTIALITY OF IDENTITY OF
VICTIM AND OF THE RECORDS
What can be done about this? Parents or soon-to-
be-parents should be educated on laws that protect
children against exploitation, humiliation and any
form of harm.
In order that education is driven to as many
homes as possible, government must mobilize the
barangays in advocating effective parenting. In this
aspect, government should strengthen the Barangay
Council for the Protection of Children. It should adopt
at the barangay level programs and services that can
help parents understand more parenting
responsibilities. -Gwen Pimentel-Gana, President,
Association of Child Caring Agencies of the
Philippines; Opinion, “Give our Children
Better Lives,” Inquirer; June 13, 2015
LIFETIME EFFECT AND
CONSEQUENCE

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