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R.

A 7610 a) Psychological and physical abuse,


SPECIAL PROTECTION AGAINST CHILD neglect, cruelty, sexual abuse and
ABUSE emotional maltreatment;
b) Any act by deeds or words which
Child Abuse Law debases, degrades, or demeans the
June 20, 1992 intrinsic worth and dignity of a child as a
human being;
OUTLINE c) Unreasonable deprivation of his basic
needs for survival, such as food and shelter;
I. Policy, Principles and Definitions; or
II. Program; d) Failure to immediately give medical
III. Child Prostitution and Sexual Abuse; treatment to an injured child resulting in
IV. Child Trafficking; serious impairment of his growth and
V. Obscene Publications and Indecent development or in his permanent incapacity
Shows; or death.
VI. Other Acts of Child Abuse;
VII. Sanctions for Establishments; CLASSIFICATION
VIII. Working Children;
IX. Indigenous Communities; Art III. Child Prostitution and Sexual
X. Armed Conflict; Abuse.
XI. Remedial Procedures; Art IV. Child Trafficking.
XII. Common Penal Provisions; Art V. Obscene Publication and
XIII. Final Provisions. Indecent Shows.
Art VI. Other acts of child abuse.
SECTION 2. DECLARATION OF STATE
POLICY AND PRINCIPLES.
ARTICLE III. CHILD PROSTITUTION AND
To provide special protection to SEXUAL ABUSE.
children;
Provide sanctions; Unlike the RPC where a prostitute must be
The State shall intervene in behalf of a female, under RA 7610, a child, whether
the child; male or female may be a prostitute.
The best interests of children shall
be the paramount consideration. PROSTITUTION AND SEXUAL ABUSE.

CHILDREN Causes
Prostitution:
Children refers to persons below 18 years -Money;
old or those of age but are unable to fully -Profit;
take care of themselves from abuse, -Any other consideration.
neglect, cruelty, exploitation or
discrimination because of a physical or Sexual Abuse:
mental disability or condition. -Coercion,
-Influence of any adult, syndicate or
CHILD ABUSE REFERS TO group
MALTREATMENT, WHETHER HABITUAL
OR NOT, AND INCLUDES:
OFFENDERS

a. Those who engage in, promote, facilitate


or induce child prostitution.
desire of any person, bestiality,
1. Procurer (pimp/bugaw) masturbation, lascivious exhibition of the
2. Induce another to be a client; genitals or pubic area of a person.
3. Take advantage of
influence/relationship; Child subjected to other sexual abuse
4. Threaten or use violence;or
5. Giving monetary consideration, Furthermore, it is inconsequential
goods or other pecuniary benefit. that the sexual abuse occurred only once.
As expressly provided in Section 3 (b) of
b. Those who commit the act of sexual R.A. 7610, the abuse may be habitual or
intercourse or lascivious conduct with a not. (Olivarez)
child exploited in prostitution or subjected to
other sexual abuse.
NOT LIMITED TO PROSTITUTION.
*If the child is under 12 yrs old, the offender
shall be liable for statutory rape/acts of As expressly provided in Section 3
lasciviousness under the RPC. (b) of R.A. 7610, the abuse may be habitual
or not. It must be observed that Article III of
c. Those who profit or derive advantage R.A. 7610 is captioned as Child Prostitution
from child prostitution. The manager or and Other Sexual Abuse: because
owner of the establishment where the Congress really intended to cover a
prostitution takes place. situation where the minor may have been
coerced or intimidated into lascivious
conduct, not necessarily for money or profit.
OLIVARES vs CA The law covers not only child prostitution
GR No. 163866, July 29, 2005 but also other forms of sexual abuse.
(Olivares)
The elements of sexual abuse under
Section 5, Article III of R.A 7610 are as
follows: AMPLOYO vs PP
GR No 157718
1. The accused commits the act of April 26, 2005
sexual intercourse or lasciviousness
conduct. Thus pursuant to the foregoing provision
2. The said act is performed with a [Sec.5(b)], before an accused can be
child exploited in prostitution or convicted of child abuse through lascivious
subjected to other sexual abuse. conduct on a minor below 12 yrs of age, the
3. The child, whether male or female, is requisites for acts of lasciviousness under
below 18 years of age. Article 336 of the RPC must be met in
addition to the requisited for sexual abuse
SEC. 32, ART. XIII, of the IRR of RA 7610 under Secition 5 of Rep. Act No. 7610.
defines lasciviousness conduct as:
R.A. 7610 ART. 336
The intentional touching, either 1. The accused 1. That the offender
directly or through clothing, of the genitalia, commits the act of commits any act of
anus, groin, breast, inner thigh, or buttocks, sexual intercourse lasciviousness or
or the introduction of any object into the or lascivious lewdness;
genitalia, anus or mouth, of any person, conduct;
whether of the same or opposite sex, with 2. The said act is 2. That it is done
an intent to abuse, humiliate, harass, performed with a under any of the ff
degrade, or arouse or gratify the sexual child exploited in circ:
prostitution or -by using force or
subjected to other intimidation; or Consensual sexual intercourse or
sexual abuse; and -when the offended even acts of lasciviousness with a minot
party is deprived of who is 12 yrs old or older could constitute a
reason or otherwise violation of Section 5(b) of R.A. No. 7610.
unconscious; or For section 5 (b) punishes sexual
-when the offended intercourse or lascivious conduct not only
party is under 12 yrs with a child exploited in prostitution but also
of age; and with a child subjected to other sexual abuse.
3. The child, 3. That the offended (PP vs OLAYON, GR No 171863, Aug 20,
whether male or party is another 2008)
female, is below 18 person of either sex.
years of age.
Section 2 (g) of the Rules and Regulations
ARTICLE 266-A. RAPE (RA 8353, Oct 22, on the Reporting and Investigation of Child
1997) Abuse Cases, promulgated to implement
R.A. No. 7610
Rape is committed:
Sexual abuse includes the
1. Man, carnal knowledge of a woman: employment, use, persuasion, inducement,
a) Through force, threat, or enticement or coercion of a child to engage
intimidation; in, or assist another person to engage in,
b) When the offended party is sexual intercourse or lascivious conduct or
deprived of reason or otherwise the molestation, prostitution, or incest with
unconscious; children. (Olayon)
c) By means of fraudulent
machination or grave abuse of
authority; and CONSENSUAL SEXUAL INTERCOURSE
d) When the offended party is under
twelve (12) years of age or is For consensual sexual intercourse
demented, even though none of the or lascivious conduct with a minor, who is
circumstances mentioned above be not exploited in prostitution, to thus fall
present. within the purview of Sction 5)b) of RA No
7610. persuasion, inducement, enticement
SEXUAL ASSAULT or coercion of the child must be present.
(OLAYON
2. By any person who, under any of the
circumstances mentioned in
paragraph 1 hereof, shall commit an PP vs LARIN
act of sexual assault by inserting his GR No 128777
penis into another persons mouth or Oct 7, 1998
anal orifice, or any instrument or
object, into the genital or anal orifice It is an accepted rule that different people
of another person. react differently to a given situation or type
of situation. One cannot reasonably expect
*Finger is considered an instrument. Note uniform reactions from victims of sexual
that inserting any instrument or object does assault. Carlas submissiveness to Larins
not include mouth. lascivious conduct does not exonerate him
from criminal liability, as the law does not
Section 5 (b) may even cover a case of require physical violence on the person of
consensual sexual intercourse.
the victim. Moral coercion or ascendency is ATTEMPT TO COMMIT CHILD
sufficient. TRAFFICKING.

1. When a child travels to a foreign


PP vs MATIAS country alone w/o valid reason and
GR No 186469 w/o clearance from the DSWD or
June 13, 2012 written permit from parents or
guardian.
Below 12 years of age, Article 266- 2. When a pregnant mother
A(1)(d) of the RPC, reclusion executes an affidavit of consent for a
perpetua. consideration
12 years or older, the offender 3. Recruiting women or couples to
should be charged with either sexual bear children for the purpose of a child
abuse under Section 5(b) of RA trafficking.
7610 or rape under Article 266-A 4. When a hospital personnel or
(except paragraph 1[d]) of the RPC. employees of a clinic or local civil
registrar simulatesbirth for the
purpose of child trafficking
ATTEMPT TO COMMIT CHILD 5. When a person engages in the act
PROSTITUTION. of finding children among low-income
families, hospitals, clinics,etc. for
1. Any person not being a relative of a the purpose of child trafficking.
child;
2. Is found alone with the child inside a
room or cubicle of an, inn, hotel, motel,
pension house, apartelle or other ARTICLE V. OBSCENE PUBLICATION
similar establishment, vessel, vehicle or AND INDECENT SHOWS
any other secluded area;
3. Under circumstances that would lead Any person who hires, employs,
a reasonable person to believe that the uses, persuades, induces, or coerces a
child is about to be exploited in child to perform in obscene exhibitions and
prostitution or other sexual abuse. indecent shows, whether live or in video,
pose, or model in obscene publications or
THERE IS ALSO AN ATTEMPT TO pornographic material is liable under this
COMMIT CHILD PROSTITUTION WHEN: provision.

Any person receives services from a ARTICLE VI. OTHER ACTS


child in a sauna parlor or bath, massage
clinic, health club and other similar Section 10 (a) Any act of child
establishments. abuse, cruelty or exploitation or be
responsible for other conditions
prejudicial to the childs development,
ARTICLE VI. CHILD TRAFFICKING but not covered by the RPC.

There is child trafficking when a SECTION 10 (a) vs SEC 5 (b)


person engages in trading and dealing with
children including but not limited to the act As Section 10 refers to acts of child
of buying and selling of a child for money, or abuse prejudicial to the childs development
for any other consideration, or barter. other than child prostitution and other
sexual abuse under Section 5, attempt to
commit child prostitution, child trafficking,
attempt to commit child trafficking, and Any person who shall keep in his
obscene publications and indecent shows, company a minor 12 yrs or under or who is
the Court of Appeals did not commit grave 10 yrs more his junior in any public or
abuse of discretion in holding that xx private place. Exempted are those related
sexual abuse (as defined under Section 5) w/in the 4th civil degree of consanguinity or
xxx is a completely distinct and separate affinity or any bond recognized by law, local
offense from child abuse (as defined under custom, tradition, or acts in the performance
Section 10). (Olayon) of a social, moral or legal duty.

De Ocampo vs Secretary of Justice, 2006


Jan 25, GR No 147932 SECTION 10 (c)

Petitioners single act of illegally Any person who shall induce, deliver
banging the heads of her students had two or offer a minor to any one prohibited by this
distinct victims, namely Ronald and act to keep or have in his company a minor.
Lorendo. Therefore, petitioner has to face
prosecution for cruelty to each victim. For SECTION 10 (d)
Ronalds death, petitioner is being charged
with homicide under Article 249 of the RPC Any person, owner, manager or one
in relation to Section 10(A), Article VI of RA entrusted with the operation of any public or
7610 punishable by reclusion perpetua. private place of accommodation, whether
However, this does not mean that petitioner for occupancy, food drink or otherwise,
is being charged with the distinct offenses of including residential places, who allows any
homicide and child abuse for Ronalds person to take along with him to such place
death. On the pther hand, for her cruelty to or places any minor.
Lorendo, petitioner is being charged with
violation of Section 10(A), Article VI of RA SECTION 10 (e)
7610 punishable by prion mayor in its
maximum period. Any person who shall use, coerce,
force or intimidate a street child or any other
DE GUZMAN vs PEREZ, GR No. 156013, child to:
July 25, 2006
1) beg
The law expressly penalizes any 2) act as conduit or middlemen in
person who commits other acts of neglect, drug trafficking or pushing; or
child abuse, cruelty or exploitation or be 3) conduct any illegal activities
responsible for other conditions prejudicial perpetua
to the childs development including those
covered by Article 59 of PD 603 but not SECTION 11. SANCTIONS ON
covered by the RPC. ESTABLISHMENTS.

The neglect of child punished All establishments and enterprises


under Article 59(4) of PD 603 is also a crime which promote or facilitate child prostitution
(known as indifference of parents) and other sexual abuse, child trafficking,
penalized under the second paragraph of obscene publications and indecent shows,
Article 277 of the RPC. Hence, it is and other acts of abuse shall be
excluded from the coverage of RA 7610. immediately closed and their authority or
license to operate cancelled, without
SECTION 10 (b) prejudice to the owner or manager thereof
being prosecuted under this Act and/or the
RPC.
Brgy. Chairman
SECTION 12. EMPLOYMENT Atleast 3 concerned, responsible
citizens where the violations
Children may be employed: occurred. (Art IX, Sec 27)

1) under the sole responsibility of his SECTION 29. CONFIDENTIALITY


parents or legal guardian and where only
members of the employers family are At the instance of the offended party
employed: no danger; primary and/or his name may be withheld from the public
secondary education. until the court acquires jurisdiction over the
case.
2) In public & entertainment or information
through cinema, theater, radio or television SECTION 29. UNLAWFUL
is essential:
-parent or guardian Editor, publisher, and reporter or
-DOLE columnist in case of printed materials,
a. ensurer the protection, health, announcer or producer in case of television
safety and morals of the child; and radio broadcasting, producer and
b. measures to prevent the childs director of the film in case of the movie
exploitation or discrimination; and industry, to cause undue and
c. continuing program for training. sensationalized publicity of any case of
violation of this Act which results in the
SECTION 14. PROHIBITION moral degradation and suffering of the
offended party.
Advertisements involving:
-alcoholic beverages
Intoxicating drinks
-tobacco and its byproducts and
-violence

CHILDREN, ZONES OF PEACE.

SECTION 22. Children as Zones of Peace.

Children are hereby declared as


Zones of Peace. It shall be the responsibility
of the State and all other sectors concerned
to resolve armed conflicts in order to
promote the goal of children as zones of
peace.

WHO MAY FILE COMPLAINTS

Offended party
Parents or guardians
Ascendant or collateral relative
within 3rd degree of consanguinity
Officer, social worker, representative
of a licensed child-caring institution
Officer or social worker of the DSWD