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. 734-4216
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. 927-4033 (Mon-Fri
during office hours)

Philippine National Police Operation Center Tel. Nos. 712-8613/722-0540 & 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 Ryule 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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