LAWS PROTECTING LAWS PROTECTING CHILDREN CHILDREN

R.A. 7610, R.A. 9231, R.A. 9262, R.A. 9344 & R.A. 9208

R.A. 7610
as amended SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

Coverage : Children
Refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or conditions.

Acts punishable under this Act

Child Abuse Child Prostitution and other sexual abuse Child Trafficking Obscene Publication and Indecent Shows Other Acts of Abuse Circumstances which threaten or endanger the survival and normal development of children

Child Abuse
Refers to the maltreatment, whether habitual or not, of the child which includes: 1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; 2. Verbal abuse 3. Unreasonable deprivation of basic needs 4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development, permanent incapacity or death

Child Prostitution & Other Sexual Abuse

Refers to children whether male or female, who for money or profit or any consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct

Child Trafficking
Refers to the act of 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.

Attempt to commit child Trafficking

Child traveling alone to a foreign country without valid reason, DSWD clearance or parents permission Pregnant mother executes affidavit of consent for adoption for a consideration Recruiting women or couple to bear children for the purpose of child trafficking

Attempt to Commit Child Trafficking

Simulation of birth for the purpose of child trafficking Person engaging in the act of finding children among low-income families, hospitals, clinics, nurseries, day care centers who can be offered for the purpose of child trafficking

Obscene Publication & Indecent Shows

Refers to an act of any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows whether live or in video, pose or model in obscene publications or pornographic materials or to sell or distribute the same.

Other Acts of Abuse

Any other acts of child abuse, cruelty or exploitation prejudicial to the childs development. Any person who has in his company a minor 12 years or under who is 10 years or more his junior in any public or private place

Other Acts of Abuse

Inducement, delivery or offering a minor to any one prohibited by this Act or to keep in his company a minor Owner/manager of any public or private place of accommodation who allows any person to take along with him to such place any minor.

Other Acts of Abuse

Use, coerce, force or intimidate a street child to: -beg as a means of livelihood -act as a conduit or middleman in drug trafficking or pushing -conduct in any illegal activities

Circumstances which gravely threaten or endanger the survival of the child

Being in a community with armed conflict Working under hazardous conditions Living in or fending for themselves in streets without the care of parents or guardians

Circumstances which gravely threaten or endanger the survival of the child

Members of indigenous cultural communities living in extreme poverty Being victims of a man-made or natural disaster or calamity Circumstances analogous above-stated which endanger the life, safety or normal development of children

Who may file?

Offended party Parents/guardians Ascendant or collateral relative within the third degree Officer, social worker or representative of a licensed child-caring institution Officer or social worker of the DSWD Barangay Chairman At least 3 concerned, responsible citizens where the violation occured

R.A. 9231 R.A. 9231

AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD (AMENDING REPUBLIC ACT NO. 7610, AS AMENDED)

Children below 15 years shall not be employed, EXCEPT:

1. When working under sole responsibility of parents, legal guardian or where only members of childs family are employed. HOWEVER, the work must not endanger childs life, safety, health and morals, nor impair normal development. Child must be provided with primary and secondary education; When employment in public entertainment or information through cinema, theater, radio, television or other forms of media is essential. - Contract must be concluded by childs parents/legal guardian with express agreement of child, if possible - Approval of DOLE

2.

Hours of work of a child:

1. Below 15 years of age not more than 20 hrs a week, provided that it shall not be more than 4 hrs a day. - not allowed to work between 8pm-6am 15 years but below 18 Not more than 8 hours a day and in no case beyond 40 hrs a week. - not allowed to work between 10pm-6am

1.

Prohibition Against Worst Forms of

Child Labor:

No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: (1) All forms of slavery, as defined under R.A. 9208 or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or (2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or

(3)The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or (4)Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or

Prohibition Against Worst Forms of Child Labor:

Prohibition Against Worst Forms of Child Labor:

c) Is performed underground, underwater or at dangerous heights; or d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or

Prohibition Against Worst Forms of Child Labor:

f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or g) Is performed under particularly difficult conditions; or

Prohibition Against Worst Forms of Child Labor:

h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or i) Involves the manufacture or handling of explosives and other pyrotechnic products.

Prohibition on Employment of children in Certain Ads:

No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling, or any other form of violence or pornography.

Who may File:

1. 2. 3. 4. 5. 6. 7. Offended Party; Parents or guardians; Ascendant or collateral relatives w/in the 3rd degree of consanguinity; Officer, social worker or representative of a licensed child-caring institution; Officer or social worker of the DSWD Barangay chairman of the place where violation occurred; At least 3 concerned, responsible citizens where violation occurred

R.A. 9262 R.A. 9262

Anti-Violence Against Women and Their Children Act of 2004

Violence against women & children refers to Any act or series of acts committed by any person against a woman who is his wife, former wife or against a woman with whom the person has or had sexual or dating relationship, or with whom he has a common child or against her child within or without the family abode which result in or is likely to result in physical, sexual, psychological or economic abuse

Who are protected by the law? Women and children - children means the children of the abused woman, below 18 yrs. Legitimate or not or 18 or over 18 who are incapable of taking care of themselves, including children who are not biological children but who are under her care

Who are liable? Husbands Former husbands Present and former boyfriends or live-in partners Those with whom the woman has a common child Anyone with whom she has/had sexual or dating relationship

Physical Abuse Bodily or physical harm Battery (physical injuries) Frustrated parricide

Sexual Abuse Rape, sexual harassment, act of lasciviousness Treating her child as a sex object Making demeaning and sexually suggestive remarks Physically attacking the parts of the victims body Forcing to watch obscene publications/show

Sexual Abuse Forcing the woman or her child to do indecent acts/ or make films Forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser Acts causing or attempting to cause the victim to engage in sexual activity by force, threat, harm or coercion Prostituting the woman or her child

Psychological Abuse Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as - intimidation - harassment - stalking - damage to property - public ridicule or humiliation

Psychological abuse Repeated verbal abuse Marital infidelity To witness physical, sexual or psychological abuse of a member of the family To witness pornography To witness abusive injury to pets To unlawful; or unwanted deprivation of the right to custody/visitation rights of common children

Economic Abuse Act that make the woman financially dependent Withdrawal of financial support Preventing the victim from engaging in a legitimate profession Deprivation or threat of financial resources and the right to the use/enjoyment of conjugal property

Economic Abuse Destroying household property Controlling the victims money or properties or solely controlling the conjugal money/profits

Remedies of the victim Barangay Protection Order (BPO) Temporary Protection Order (TPO) Permanent Protection Order (BPO) File a criminal action for violation of R.A. 9262

Protection Order It is an order issued for the purpose of preventing further acts of violence against a woman or her child To safeguard the victim from further harm, minimize disruption in the victims daily life Facilitate the opportunity and ability of victim to independently regain control over her life

Who may file for Protection Order? Offended party Parents or guardians of offended party Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity Officers or social workers of DSWD or LSWDO Police officers Punong Barangay/Kagawad Lawyer, counselor, therapist, health care provider of petitioner At least 2 concerned responsible citizen

Reliefs granted by Protection Orders Prohibition of respondent from threatening to commit acts in Sec. 5 Prohibition from harassment, annoying, telephoning, contacting, communicating with petitioner Removal/exclusion from the residence Direct respondent to stay away from petitioner, residence, school or any place frequented by petitioner

Reliefs granted by PO Direct lawful possession & use of personal effects Grant temporary/permanent custody of children to petitioner Direct respondent to support the woman/child Prohibit respondent from use or possession of firearm Restitution of actual damages

Kinds of Protection Order Barangay Protection Order (BPO) Temporary Protection Order (TPO) Permanent Protection Order (PTO)

Barangay Protection Order (BPO)

Issued by the Barangay Captain/Kagawad upon a written application Kagawad can issue if Punong Barangay is not available but must include attestation that the Punong Barangay is unavailable at the time of the issuance of BPO. Effective for 15 days Granted without notice and hearing Mediation/conciliation is not allowed Enforceable only within the barangay Shall be recorded in a logbook which is confidential Shall submit a quarterly report of all BPOs issued to the DILG

Barangay Protection Order It is issued free of charge Punong Barangay shall furnish a copy of all BPOs to the PNP (WCPD) Issuance of BPO shall not preclude the victim from applying a TPO or PPO. If a TPO was already granted by the court, BPO may no longer be issued

Reliefs granted by BPOs Prohibition of respondent from threatening to commit or committing, personally or through another acts mentioned in Sec. 5 Prohibition of respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the victim

Violation of BPO Filed with the MTC or MTCC which has territorial jurisdiction Shall be initiated by the Punong Barangay of Kagawad or any barangay official who issued the BPO Penalty of 30 days imprisonment

- Refusal of PB or Kagawad to file complaint of a BPO, victim shall file complaint and admin., civil, criminal action vs. barangay official concerned; - Priority over all other cases or proceedings. - Failure to act---administrative liability - Protection order shall include the following statement printed in bold-faced type or capital letters: VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW

Duties and Functions of Barangay Officials Undertake an education program on R.A. 9262 Have a family violence intervention program including peer counseling for men Support organizing efforts and development programs for women in the community Prioritize livelihood projects for vicitim-survivors

 Involve women in planning and implementation of all programs and projects in the barangay Have an anti VAWC desk officer in the barangay who shall coordinate a one-stop help desk which is open 24 hours Ensure that all barangay officials, health workers, nutrition scholars and workers, tanod undergo gender sensitivity seminar Develop a system to document and report cases of a VAWC and assistance program to victims

Steps in handling VAWC Cases Upon being informed of an act of VAWC, the barangay official shall immediately verify the information. If necessary seek the assistance of the police Respond immediately to a call for help for assistance by entering the dwelling whether or not protection order has been issued and ensure the safety of the victims

 Interview victim and the witnesses to determine the facts an d inform victim of her rights and remedies Arrest the perpetrator even without a warrant Transport/escort the victim to the nearest hospital for treatment/medico-legal examination If perpetrator is not arrested advise the victimto temporarily leave the house and encourage to go the the barangay center, DSWD, LGU, church or other groups that provide counselling

 If the victim is to be placed in a shelter, barangay officials shall assist her in taking personal things and children Report the incident and refer the victim to the LSWDO and PNP WCPD within 4 hours from time of reporting

Monitor compliance of BPO by respondent Ensure the safety and continued support to the victim and family during the 15 day period

* Failure to Report: Fine : not exceeding P10,000.00 or whenever applicable: Civil, criminal or administrative liability

 Assist the victim in filing the appropriate complaint with the PNP Ensure that all pertinent documents are forwarded to the PNP Have a separate logbook for complaints and cases of VAWC and keep this confidential Shall not attempt to influence the victim to abandon her claim If the relief requested involves failure to provide support, the respondent shall be called for counseling and explain to him his legal obligations

Temporary Protection Order (TPO) Issued by the court on the day filed Filed in the court with territorial jurisdiction Ex Parte Effective for 30 days Effective within the Philippines Priority over all cases Violation: fine of P5,000 to P50,000 and/or imprisonment of six (6) months

Permanent Protection Order (PPO) Issued by the court after notice and hearing Priority over all other proceedings (such as election cases, habeas corpus etc.) Effective until revoked by the court upon application of the person whose favor the order was issued Enforceable anywhere in the Philippines Violation: P5,000 to P50,000 and/or imprisonment of six (6) months Violation shall also constitute contempt of court

** Those issued with BPOs or TPOs and PPOs shall be subjected to mandatory, rehabilitative counseling and treatment.

Republic Act 9344 Republic Act 9344 Juvenile Justice and Welfare Act of 2006

Please take note that: The law covers only CRIMINAL LIABILITY. The law principally deals with AGE which is determinative of the subsequent actions to be taken on the child. The law has tasked the Punong Barangay, Law Enforcer, Prosecutor and Judges of determining the age of the child.

CHILD CHILD
a person under 18 years of age a minor 15 years and below has n0 criminal responsibility at all; above 15 years but below 18 also has no criminal responsibility unless they acted with discernment.

DIVERSION an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

INTERVENTION a series of activities designed to address issues that caused the child to commit an offense.

 Primary Intervention which includes measures to promote social justice an equal opportunity which more often than not is the root cause for the commission of crimes; Secondary Intervention which includes measures to assist children at risk; and Tertiary Intervention which includes measures to avoid unnecessary contact with the formal justice system and measures to avoid re-offending such as diversion, rehabilitation and reintegration programs.

RIGHTS OF THE CHILD Right to be treated with humanity and respect; Right not to be subjected to torture, cruel or inhuman treatment; Right to bail or recognizance; Right to privacy; Right to probation, if qualified; Right to diversion, if qualified;

RIGHTS OF THE CHILD Right to automatic suspension of sentence; Right not to be deprived arbitrarily of his liberty or restricted more than is necessary; Right to be separated from adult offenders; Right to maintain contact with his family Right not be imposed the death sentence Right to be free from perjury concealment or misrepresentation.

INITIAL CONTACT WITH THE CHILD Refers to the apprehension or Taking into custody of a child in Conflict with the law by law Enforcement or private citizens

Initial Contact by private citizens or nonlaw enforcement officers

In the event a CICL is apprehended or taken into custody by private citizens, the child shall be immediately referred to the appropriate law enforcement officer for the child to undergo the proper

Procedure for Taking Child Custody

From the moment the child is taken into custody, the law enforcement officer shall: 1. IDENTIFY himself; 2. EXPLAIN to the child why he is taken into custody; the offense committed; and his rights earlier enumerated. The following should be avoided: use of vulgar language, display of instruments of force, subjecting the child to restraint than is necessary, use of violence or unnecessary force.

Procedure for Taking Child Custody

3.

NOTIFY the parents/ guardians, local or DSWD social worker, and the PAO, not later than 8 hours from the time the child is taken into custody;

4. Immediately, DETERMINE the age of the child by securing his birth/baptismal certificate, school records or other pertinent documents, or by interviewing

5. TAKE the child to a medical officer for a physical and mental examination; 6. TURN OVER the child to the local/DSWD social worker within 8 hours after he is taken into custody.

INITIAL INVESTIGATION
It is the stage after initial contact when the law enforcement officer takes the statement of the CICL.

INITIAL INVESTIGATION
The law enforcement officer shall make the initial investigation by taking the statement of the child: 1. in a language that the child understands 2. in a friendly and non-intimidating manner 3. in a separate room or place where the child is comfortable 4. privacy must be observed at all times.

INITIAL INVESTIGATION
The statement shall be taken in the presence of: a. the childs lawyer or the PAO lawyer; b. childs parents, guardians or nearest relative, representative of an NGO, religious group or member of the BCPC; and c. the social worker. Statement shall be signed by the child witnessed by all those present.

The initial investigation shall record the following: a. Whether handcuffs or instruments of restraints were used, and if so, the reason thereof; b. That the parents/guardians social worker and PAO have been notified of the apprehension and details thereof (all of them must be notified); c. Exhaustion of measures in determining the age of the child, details of physical and medical examination or failure to do so.

Thereafter, the CICL is turned over to the local/DSWD social worker for: a. INTERVENTION where the child is 15 years old or below b. DETERMINATION OF DISCERNMENT - where the child is above 15 but below 18 years old

INTERVENTION Where the child is 15 and below in which case the social worker shall immediately turn over the child to his parent/guardians and the appropriate intervention is determined in consultation with the child and the parents/guardians.

INTERVENTION If parents/guardians could not be located, the child may be released to a: (1) Registered Non-Governmental or Religious organization; (2) Member of a Barangay Council for the Protection of Children (BCPC), (3) Local Social Worker; and (4) in the absence of the enumeration, to the DSWD.

1. 2. 3. 4.

Factors in Determining Appropriate Intervention Programs Personal circumstances of the child Needs of the child Family and social background of the child Influence of the family and environment on the childs growth

Factors in determining Appropriate Intervention Programs 5. Ability and willingness of parents to guide and supervise; 6. Nature and circumstances of the offense charged; 7. Availability of community based programs for intervention; 8. Best interest of the child.

DISCERNMENT Discernment where the child is over 15 but below 18 who acted: Without discernment for intervention With discernment for diversion provided the imposable penalty for crime committed is not more than 6 years.

Additional factors to be considered in determining whether diversion is appropriate 1. 2. 3. 4. Nature and circumstances of the offense charged Frequency or severity of the act Personal circumstances of the child Influence of family and environment of the child

Additional factors to be considered in determining whether diversion is appropriate 5. Reparation of injury to victim 6. Safety of community 7. Weigh of evidence against the child 8. Best interest of the child

Factors in assessing discernment a. b. c. Facts and circumstances of the case; Educational level and performance of the child; and Appearance, attitude, conduct and behavior of the child

Conduct of Diversion Diversion may be conducted by: > Conferencing > Mediation; or > Arbitration

Conduct of Diversion Diversion may be conducted at the: a. Katarungang Pambarangay by the Punong Barangay b. Police investigation by the law enforcer/police

The officer conducting the diversion proceedings shall: a. b. c. Explain to the parties the objectives and value of diversion and consequences of not undergoing diversion; Ask the child the circumstances which led him to the commission of the offense, his motives or purpose; Take the personal circumstances of the child including that of his parents and family;

The officer conducting the diversion proceedings shall: d. Make the child understand the consequences of his act and his corresponding responsibilities therefor; e. Ensure that the child understands and realizes his accountability, is remorseful and will take on the responsibility of repairing the harm done.

Kinds of Diversion Programs 1. PUNONG BARANGAY LEVEL a. Restitution of property b. Reparation of damage caused c. Indemnification for consequential damages d. Written or oral apology e. Care, guidance and supervision orders

Kinds of Diversion Programs 1. PUNONG BARANGAY LEVEL f. Training, seminars and lectures on > anger management > values formation > problem solving > skills that will aid the child in dealing with the situation which can lead to repetition g. Participation in community based program, education, vocation and life skills program

Kinds of Diversion Programs 2. LAW ENFORCER AND PROSECUTOR a. DPs specified under (1) (a) to (1) (g); and b. Confiscation and forfeiture of the instruments of the crime

Kinds of Diversion Programs 3. COURT LEVEL a. DPs specified under (1) (a) to (1) (g); b. written or oral reprimand or citation c. fine d. Payment of cost of proceedings or e. Institutional care and custody

Termination of Diversion Proceedings 1. 2. 3. 4. Contract of diversion has been entered into; 45-day period has lapsed without reaching an agreement; Diversion is found to be inappropriate; Child/parents or guardians do not consent to diversion.

COURTS Once a child under 18 years at the time of the commission of the offense is found guilty, sentence shall be automatically suspended For convicted and sentenced CICL, the court may, upon application, place the child on PROBATION in lieu of service.

REHABILITATION AND INTEGRATION Should community based rehabilitation be inappropriate, the court may order the commitment of the child to a: (a) rehabilitation center (b) youth detention center

REHABILITATION AND INTEGRATION (c) Agricultural camp, or (d) Other training facilities that will provide the child with interventions, approaches and strategies that would change or modify the negative behavior of the child into a positive one enabling him to improve on his social functioning leading to his reintegration to his family and the community.

Preferences should be the community based programs if adequate since it: a. b. c. d. Prevent disruption of the education or means of livelihood of the child; Prevent separation from the family; Facilitate rehabilitation and mainstreaming of the child; and Minimize stigma on the child

EXEMPTING PROVISION Any conduct not considered an offense or not penalized if committed by adult shall not be considered an offense and shall not be penalized if committed by a child

EXEMPTING PROVISION Also, vagrancy, prostitution, mendicancy and sniffing of rugby have been decriminalized insofar as the child is concerned.

Termination of Diversion Proceedings Diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities.

PROSECUTORS When diversion is deemed terminated as earlier mentioned or that the CICL is over 15 and under 18 years old who acted with discernment and the imposable penalty for the offense is more than 6 years, the law enforcer shall refer the case to the prosecutor who, before proceeding to preliminary investigation, shall still endeavor to arrive at an agreement to a diversion program.

PROSECUTORS It shall be the duty of the prosecutor to notify the PAO and ensure that the childs rights have been protected such that it is incumbent upon him to investigate allegations of torture, deprivation of or unnecessary restrictions on liberty, if any.

PROSECUTORS Should there be a determination of probable cause, an information shall be filed before the Family Court within 45 days from the start of the preliminary investigation.

COURTS When the case reaches the court, it shall determine whether or not diversion is appropriate provided that the imposable penalty on the offense charged is more than 6 but not more than 12 years imprisonment.

COURTS Pending trial, the court may release children in detention on bail or recognizance, in all other cases, detention may be replaced by alternative measures such as close supervision, intensive care or placement with a family, educational setting or home. The child may be committed to the care of the DSWD, local rehab center recognized by the government.

Local Council for the Protection of Children Province Provincial Council for the Protection of Children (PCPC) City City Council for the Protection of Children (CCPC) Municipality Municipal Council for the Protection of Children (MCPC) Barangay Barangay Council for the Protection of Children (BCPC)

Composition of the BCPC Punong Barangay Chairperson Barangay Kagawad (Chairperson on Women & Family) Barangay Nutrition Scholar Barangay Day Care Worker Barangay Health Nurse/Midwife Barangay Health Worker

Composition of the BCPC DepEd Principal/Teacher-in-Charge Chief Tanod SK Chairperson Child Representative PTA President or his representative NGO Representative

Duties & Responsibilities of LCPC Coordinate with and assist the LGU: for the adoption of the Comprehensive Juvenile Intervention Program & oversee its proper implementation -in calling all sectors concerned in delinquency prevention to participate in the planning process & implementation of juvenile intervention programs

- annual review & assessment of the comprehensive juvenile intervention program. Coordinate and assist the SK in formulating & implementing the juvenile intervention programs Assist the Punong Barangay in conducting diversion proceedings Assist the LSWDO in the development of appropriate diversion program Institute community-based programs on juvenile justice and welfare initiated by LGUs Conduct capability building programs toi enhance the knowledge & skills in handling childrens programs

>Establish & maintain database on children in the local government and CICL who undergo intervention, diversion & rehabilitation programs/after care support services > Document best practices on juvenile intervention and prevention > Advocate & recommend local legislations promoting child survival, protection, participation & development

>Conduct inventory of all NGOs serving CICL > Review existing policies of units providing the CICL

Functions of BCPC Provided under PD 603 and R.A. 8980 Encourage the proper performance & duties of parents & provide learning opportunities on adequate rearing of children & positive parentchild relationship Assist parents in securing expert guidance counseling Hold classes & seminars on proper rearing of children Coordinate activities of organizations devoted to the welfare of children

Functions of the BCPC Protect and assist children at risk Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that they can get expert advise Take custody of the CICL who is found to be 15 or below if parents/guardians or nearest relative of the child cannot be located To be present in the initial investigation of the CICL in the absence of parents, guardians or nearest relative and the LSWDO

R.A. 9208 Anti-Trafficking in Persons Act of 2003

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 PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES

The Role of the PNP PNP shall be the primary law enforcement agency to undertake surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffickers. It shall also establish a system to receive complaints and calls to assist trafficked persons and conduct rescue operations. Sec. 16 (g), RA 9208

The Roles and Responsibilities of the PNP 1. Undertake surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking; 2. Coordinate closely with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffickers. For this purpose, it shall: Pursue the detection and investigation of suspected or alleged trafficking activities at airports through the Aviation Security Group, at seaports and/or harbors through the Maritime Group, and at land transportation terminals through its police station and when appropriate, file appropriate charges against the traffickers;

The Roles and Responsibilities of the PNP Coordinate with the PPA which may have initially processed complaints with their Bahay Silungan sa Daungan and with NGOs working on trafficking in persons; Coordinate with local and barangay officials with respect to the apprehension and/or arrest of traffickers

The Roles and Responsibilities of the PNP 3. Establish a system for receiving complaints and calls to assist trafficked persons, and the conduct of rescue operations; Direct and supervise the enforcement of its mandate under the Act and its rules and regulations; Supervise the conduct of investigations relating to apprehension occurring at land transportation terminals, domestic seaports and airports and monitor the filing of appropriate cases against the traffickers Formulate plans and programs for the prevention and/or reduction of trafficking in persons

4.

5.

6.

The Roles and Responsibilities of the PNP 7. Integrate in the program of instruction comprehensive, gender-sensitive and child-friendly investigation and handling of cases of trafficking in persons in the PNPA, PPSC and other training schools operated and managed by the PNP Establish anti-trafficking section under the WCCD in all city and municipal police stations

8.

3 ELEMENTS OF TRAFFICKING IN PERSONS 1. 2. 3. Act/s Means Exploitative purpose

ACT/S Recruitment, transportation, transfer or harboring or receipt of person; with or without the victims consent or knowledge; within or across national borders

MEANS Threat or use of force, or other forms of coercion Abduction Fraud Deception Abuse of power or of position Taking advantage of the vulnerability of a person The giving or receiving of payments or benefits to achieve the consent of a person having control over another person.

EXPLOITATIVE PURPOSE

Prostitution or other forms of sexual exploitation Forced labor or services Slavery Servitude Removal or sale of organs

CHILD TRAFFICKING The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as trafficking in persons even if it does not involve any of the means set forth in the law

CHILD TRAFFICKING Child refers to a person below 18 years of age or one who is over 18 but is unable to fully take care of or protect himself/herself from abuse, exploitation, or discrimination because of a physical or mental disability or condition

PUNISHABLE ACTS Acts of trafficking in persons (Sec.4); Acts that promote trafficking in persons (Sec.5); Violation of confidentiality (Sec.7) Use of trafficked persons for prostitution (Sec.11)

PENALTIES
Act Penalty

Acts of Trafficking in 20 years imprisonment and a fine of Persons (Sec.4) P1million to 2million

Qualified Trafficking Life imprisonment and a fine of P2million in Persons (Sec. 6) to 5million Use of trafficked Persons for Prostitution Acts that Promote (Sec.11) Trafficking in Persons 1st offence: 6 months community service and a fine of P50,000;subsequent offences:1year imprisonment and a fine of 15 years imprisonment and a fine of P100,000. P500,000 to 1million

ACTS OF TRAFFICKING IN PERSONS TIP in the pretext of domestic/overseas employment TIP in the pretext of mailorder bride scheme TIP in the pretext of marriage TIP involving sex tourism TIP for prostitution or pornography TIP through adoption TIP for the removal and sale of organs TIP for engaging in armed activities

ACTS THAT PROMOTE TRAFFICKING IN PERSONS Knowingly lease or sublease an establishment Falsification or tampering of government issued predeparture documents Advertising to promote TIP Assisting in the conduct of fraud to acquire clearances, etc. Facilitating exit or entry of trafficked persons

ACTS THAT PROMOTE TRAFFICKING IN PERSONS

Confiscate, conceal or destroy travel documents and personal belongings of trafficked persons Knowingly benefiting from TIP

QUALIFIED TRAFFICKING

When the trafficked person is a child Adoption is effected through RA 8043 for the purpose of trafficking When crime is committed by a syndicate or in large scale When the offender is an ascendant, parent, sibling, guardian, or a person who exercises authority over a trafficked person or when offense is committed by a

QUALIFIED TRAFFICKING

When the trafficked person is recruited to engage in prostitution with any member of the military When the offender is a member of the military or law enforcement agencies When the trafficked person dies, becomes insane, suffers mutilation or is afflicted with HIV-

VIOLATION OF CONFIDENTIALITY The name and personal circumstances of the trafficked persons or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer or director of a film in case of movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons

CASE FILING: WHO?

1. The trafficked person; 2. The trafficked person`s:

Parents Spouse Siblings Children, or Legal guardian;

1. Anyone who has personal knowledge of the commission of an offense under RA 9208

CASE FILING: WHERE?

The case can be filed where:

The offences was committed; Any of its element occurred; or The trafficked person actually resides at the time of the commission of the offense.

CASE FILING: AGAINST WHO? Any person, natural or juridical, who commits any offence under RA 9208 may be punished for trafficking acts. If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime, or who shall have unknowingly permitted or failed to prevent its commission.

 Cases for trafficking acts can be filed up to 10 years after they are committed. If trafficking is committed by a syndicate or on a large scale, cases can be filed up to 20 years after the act. The prescriptive period is counted from the day the trafficked person is delivered or released from the condition of

CASE FILING: WHEN?

OTHER SALIENT PROVISIONS Provides protection and assistance to trafficked persons who are foreign nationals Mandates government agencies to establish and implement preventive, protective and rehabilitative programs Establishes a trust fund for programs Creates the Inter-Agency Council Against Trafficking

Other Developments DILG Memo. Cir. No. 2005-26 issued March 14, 2005 regarding strict implementation of RA 9208 DOJ Department Cir. No. 18 issued on April 12, 2005 on Guidelines in the Investigation and Prosecution of Cases Involving Violation of RA 9208

Other Developments Guidelines for the Localization of the IACAT Appointment of special prosecutors to be members of the DOJ Task Force Against Trafficking

Help. Care. Protect. Help. Care. Protect.