Special Protection of Children

Against Child Abuse,

Exploitation and
Discrimination Act

Republic Act
7610

Republic of the Philippines

COMMISSION ON HUMAN RIGHTS

Child Rights Center

Region VI

The Rights of a Child

 When do Rights Begin?

Philippine Constitution, Article II, Sec.

12 - The State recognizes the
sanctity of family life and shall
protect and strengthen the family as
a basic and autonomous social
institution. It shall equally protect the
life of the mother and the life of the
unborn from conception..

 When do Rights Begin ?

PD 603, Article 3, # 1:
A child is endowed with the dignity
and worth of a human being from the
moment of conception, as generally
accepted in medical parlance, and is
therefore entitled with the right to be
born well.

Definition

Children - persons below 18 years of

age or those over but are unable to
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.

Definition

CHILD ABUSE -Refers to maltreatment, whether

habitual or not, of the child which includes any of
the following;
Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;

Definition

CHILD ABUSE -Refers to maltreatment,

whether habitual or not, of the child which
includes any of the following;
Unreasonable deprivation of his basic needs
for survival, such as food and shelter
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

Offenses Against Children

under RA 7610

Child Prostitution and other sexual abuse

Attempt to commit child prostitution
Child Trafficking
Attempt to commit child trafficking
Child pornography and indecent shows and
publication
Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions
Prejudicial to the Childs Development

Child Prostitution and Other Sexual

Abuse

Who are deemed to be children exploited

in prostitution and other sexual abuse?
Children, whether male or female,
Who for money, profit, or other
consideration or due to coercion or
influence of adult, syndicate or group
Indulge in sexual intercourse or lascivious
conduct

Child Prostitution and Other Sexual

Abuse

What is lascivious conduct?

Means the intentional touching, either directly or
through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks; or any act of lewdness;
Done with force or intimidation, fraudulent machination
or grave abuse of authority; or where the offended
party is deprived of reason or otherwise unconscious;
With intent to abuse, humiliate, harass, degrade the
child, or arouse or gratify the sexual desire of any
person
Bestiality, masturbation, lascivious exhibition of the
genitals or pubic area of a person

Child Prostitution and Other Sexual

Abuse
Who may be liable?
Those who engage in, or promote, facilitate or
induce child prostitution which includes, but are
not limited to, the following:
acting as a procurer of a child prostitute
inducing a person to be a client of a child prostitute
taking advantage of influence or relationship to procure
a child as a prostitute
threatening or using violence towards a child to engage
him as a prostitute
giving monetary consideration/pecuniary benefit

Penalty- Reclusion Temporal med-Reclusion Perpetua

Child Prostitution and Other Sexual

Abuse

Those who commit the act of sexual intercourse

or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse.
Penalty-same with Art. 335 and 336 of RPC except
if victim is under 12 yrs (Rec.Temp. med)
Those who derive profit or advantage therefrom
-as manager or owner of the establishment where
the prostitution takes place/establishment serving
as cover or which engages in prostitution other
than activity it was licensed for.
Penalty-Reclusion Temporal med-Reclusion
Perpetua

Attempt to Commit Child

Prostitution

Any person, not being a relative of a child, is

found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishment,
vessel, vehicle or any other hidden or secluded
area which would lead a reasonable person to
believe that the child is about to be exploited in
prostitution and other sexual abuse.

Any person, receiving services from a child in a

sauna parlor or bath, massage clinic, health club
and other similar establishments.
Penalty- 2 deg.lower than that prescribed for the
consummated felony

Child Trafficking

Any person who shall engage in trading

and dealing with children including, but not
limited to, the act of buying and selling of
a child for money, or for any other
consideration or barter.
Penalty-Reclusion Temporal-Reclusion
Perpetua. If victim is under 12 years,
maximum period

Attempt to Commit
Child Trafficking

Allowing a child to travel alone to a foreign

country
Pregnant womans execution of affidavit of
consent to adoption of unborn child for
consideration
Recruitment of women or couples for child bearing
for purposes of child trafficking
Simulation of birth by doctor, hospital, clinic
official, etc. for the purpose of child trafficking
Finding children among low-income families,
hospitals
etc. to sell
Penalty-2deg.Lowerfromtheconsummatedfelony

Obscene Publication and Indecent

Shows
hireobsceneexhibitionsliveor
employperformindecentshowsinvideo
use pose/modelObscenepublications
pornographicmaterials

Personpersuadechild
induce sell
pornographicmaterials
coercedistribute

Penalty-PrisionMayor.Ifunder12years,maximum
period.

Obscene Publications and Indecent

Shows:

Any ascendant, guardian, or person

entrusted in any capacity with care of
a child who shall cause and/or allow
such child to be employed or to
participate in an obscene play, scene,
act, movie or show or in any other
acts covered by this section shall
suffer the penalty correspondents to
the Philippine law.

Other Acts of Abuse

Anypersonwhoshallcommitanyotheractsof
childabuse,crueltyorexploitationorbe
responsibleforotherconditionsprejudicialtothe
childsdevelopmentincludingthosecoveredbyArt.
59ofPD603,butnotcoveredbytheRevised
PenalCode
Penalty-PrisionMayorMinimum

Other Acts of Abuse

Anypersonwhoshallkeeporhaveinhiscompanyaminor,
twelve(12)yearsorunderorwhoisten(10)yearsormore
hisjuniorinanypublicorprivateplace,hotel,motel,beer
joint,discotheque,cabaret,pensionhouse,saunaor
massageparlor,beachand/orothertouristresortorsimilar
places.

Exception:Person related within the fourth degree of

consanguinity or affinity or any bond recognized by law,
local customs and tradition or acts in the performance of a
social, moral or legal duty.
Penalty- Prision Mayor maximum and fine of not less than
Php 50,000.00.

Other Acts of Abuse

Anypersonwhoshallinduceordeliverorofferaminorto
anyoneprohibitedunderR.A.7610asabovedescribed.
Penalty-PrisionMayorMediumandfineofnotlessthan
Php50,00.00.
Anyperson,owner,manageroronetrustedwiththe
operationofanypublicorprivateplaceofaccommodation,
whetherforoccupancy,food,drink,orotherwise,including
residentialplaces,whoallowsanypersontotakealongwith
himsuchplaceorplacesanyminorhereindescribed.
Penalty-PrisionMayorMediumandfineofnotlessthan
Php50,000.00

Other Acts of Abuse

Anypersonwhoshalluse,coerce,forceor
intimidateastreetchildoranyotherchildto:
begorusebeggingasameansofliving
actasconduitormiddlemanindrug
trafficking
orpushing
conductanyillegalactivities.

Penalty- Prision Correccional Medium-Reclusion Perpetua

Penalties for Specific

Crimes

When victim is under 12 years and for

purposes of this act, the penalties for
Murder, Homicide, other intentional
mutilation, Serious Physical InjuriesReclusion Perpetua.
For Qualified Seduction, acts of
lasciviousness with consent, corruption of
minors, white slave trade- one degree
higher than that imposed by law.

Reporting and Investigation of

Child Abuse Cases

Reporting

A person who learns of facts or

circumstances that gives rise to the
belief that a child has suffered abuse
may report the same, either orally or
in writing, to the Department, Police
or any other law enforcement agency
or to the BCPC.

Mandatory Reporting

The head of any private or public

hospital, medical clinic and similar
institution, as well as the attending
physician and nurse, shall report,
either orally or in writing, to the
Department the examination and/or
treatment of a child who appears to
have suffered abuse within 48 hours
from knowledge of the same.

Duty of Government Workers

to Report

It shall be the duty of all teachers and

administrators in public schools, probation
officers, government lawyers, law
enforcement officers, barangay officials,
corrections officers and other government
officials and employees whose work
involves dealing with children to report all
incidents of possible child abuse to the
Department.

Failure to Report

Failure of the individuals mandatorily

required to report, and the
administrator or head of the hospital,
clinic or similar institution concerned
to report a possible case of child
abuse shall be punishable with a fine
of not more than two thousand pesos
(P2,000.00)

Immunity for Reporting

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. There shall be a
presumption that any such person
acted in good faith.

Investigation

Department to act within 48 hours upon

the receipt of a reported incidence of child
abuse
If the investigation discloses sexual abuse,
serious physical injury or life threatening
neglect of the child, immediate removal of
the child from his/her home and putting
him/her under protective custody will be
the immediate action of the Departments
representative.

Remedial Procedures

Who may file a complaint?

OffendedParty
ParentsorGuardians
Ascendantorcollateralrelativewithin3 rddegreeof
consanguinity
Officer,socialworkerorrepresentativeofalicensed
child-caringinstitution
OfficerorsocialworkeroftheDSWD
BarangayChairman,or
Three(3)concerned,responsiblecitizenswherethe
offensewascommitted

If you know of an
incident..

Report it to:
The CHR
DSWD
PNP Women and
Childrens Desk
NBI
DOJ
Barangay Captain

Commission on
Human Rights
2F DBP Building
De la Rama Street,
Iloilo City
Tel No. 337-8019

Thank you !!!