MICHAEL ANGELO MEMORACION AND SIMON PETER ZAGADO

REVIEWER IN SOCIAL LEGISLATION

RA 7610 An Act Providing for Stronger Deterrence and Special

Protection against Child Abuse, Exploitation, and Discrimination and for other Purposes
“Anti-Child Abuse Law”

Elements:

1) Committed against children

Who are considered children?
- Persons below 18 years of age OR
- Over 18 but are unable to fully take care of themselves or protect themselves
2) There is abuse, neglect, cruelty, exploitation, or discrimination

Punishable Acts

1) Child Abuse- maltreatment, whether habitual or not, of the child which includes any for the following:
a. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
b. Any act by deeds or words which debases, degrades, or demeans the intrinsic worth and
dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
d. 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.
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32) Child prostitution and other sexual abuse

Elements:
a. Children, whether male or female
b. For money OR profit OR any other consideration OR due to coercion OR influence
c. Of any ADULT, SYNDICATE, or GROUP
d. Indulge in sexual intercourse or lascivious conduct

3) Attempt to Commit Child Prostitution

a. Attempt under Par. A, Sec 5
i. Any person, not relative of a child
ii. Found alone with the child
iii. In a room, cubicle of a house, inn, hotel, motel, etc
iv. Under circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
b. Attempt under Par. B, Sec 5
i. Any person
ii. Receiving services from a child
iii. In a sauna parlor or batch, massage clinic, health club, etc.

4) Child Trafficking

Elements:
a. Any person who shall engage in
 MICHAEL ANGELO MEMORACION AND SIMON PETER ZAGADO
REVIEWER IN SOCIAL LEGISLATION
b. Trading and dealing with children including, but not limited to, the act of buying and selling a
child for money, and for any other consideration, or barter.

5) Attempt to Commit Child Trafficking

a. When a child travels alone to a foreign country without a valid reason therefore and without
clearance from the DSWD or written permit or justification from the child’s
parents or legal guardian;

b. Person, agency, establishment, or child-caring institution recruits women or couples to be

children for the purpose of child trafficking; or

c. When a doctor, hospital or clinic official or employee, nurse midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or

d. 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.

6) Obscene publications and indecent shows

a. A child is employed, used, persuaded, induced, or coerced

b. To perform in obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials

c. Such materials are distributed

7) Other acts if Neglect, Abuse, Cruelty or Exploitation and other conditions Prejudicial to the
Child’s Development

a. Violation of Art. 59, PD 603

b. Keeping in his company a minor, 12 years or under or 10 years younger than the person liable,
in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach resort, etc.

c. Inducement, delivery, or offering of a minor for the above-mentioned act

d. Use, coercion, forcing, or intimidating a street child or any other child to

i. Beg or use begging as a means of living;
ii. Acts as conduit or middlemen in drug trafficking or pushing; or
iii. Conduct any illegal activities

8) Violation of working conditions for Minors as provided in this law

and the Labor Code

Penalties
 MICHAEL ANGELO MEMORACION AND SIMON PETER ZAGADO
REVIEWER IN SOCIAL LEGISLATION
Penalties for those found guilty of the crime of Child Prostitution and Other Sexual Abuse

a. (Procurer) - Reclusion Temporal (Medium) to Reclusion Perpetua for acts described in Article
III Section 5(a)

b. (Client) - Reclusion Temporal (Medium) to Reclusion Perpetua for the act of sexual
intercourse or lascivious conduct with a child exploited in prostitution.

IF CHILD IS UNDER TWELVE (12) YEARS OLD, Sexual Intercourse considered as Rape.
Penalty is Reclusion Perpetua

IF CHILD IS UNDER TWELVE (12) YEARS OLD, Lascivious Conduct. Penalty is Reclusion
Temporal (Medium)

c. (Manager/Owner of Establishment) Reclusion Temporal (Medium) to Reclusion Perpetua to

those who are found to have derived profit or advantage from child prostitution.

d. (Attempted Felonies) Attempt to commit Child Prostitution carries with it a penalty two (2)
degrees lower than the prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Child Trafficking

a. (Procurer) Reclusion Temporal to Reclusion Perpetua to those engage in trading and dealing
with children. The penalty shall be applied in its Maximum period when the victim is under
twelve (12) years of age.

b. (Attempted Felony) Attempt to commit Child Trafficking carries with it a penalty two (2)
degrees lower than the prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Obscene Publications and Indecent Shows involving
children

a. (Procurer) Reclusion Mayor (Medium) for acts described in Article V Section 9(1)

IF CHILD IS UNDER TWELVE (12) YEARS OLD, Penalty shall be imposed in its Maximum
period

b. (Ascendant/Guardian) Prision Mayor (Medium) to those who are found to have caused or
allowed the child to be employed or to participate in obscene play, scene act, movie or show, orin
other acts covered by Article V Section 9.

Penalties for those found guilty of the crime of Other Acts of Abuse involving children

a. (Parents) Prision Mayor (Minimum) for those found guilty of Child Abuse or Neglect including
those covered by Article 59 of PD No. 603 (The Child and Youth Welfare Code)

b. (Stranger) Prision Mayor (Maximum) and a fine of not less than fifty thousand pesos
(P50,000.00) shall be imposed on one in whose company a minor either under twelve (12)
years of age, or who in ten(10) years or more is his junior is found, in any of the places
enumerated in Article VI Section 10(b), where there exists a relationship not within the fourth
degree of consanguinity or affinity, or by any bondcharacterized in the same statute.
 MICHAEL ANGELO MEMORACION AND SIMON PETER ZAGADO
REVIEWER IN SOCIAL LEGISLATION

c. (Procurer) Prision Mayor (Medium) and a fine of not less than forty thousand pesos
(P40,000.00)shall be imposed on a procurer for the violation of this Article. Should the procurer
be an ascendant, stepparent, or guardian of the child: Prision Mayor (Maximum) and a fine of not
less than fifty thousand pesos (P50,000.00)

d. (Manager/Owner of Establishment) Prision Mayor (Medium)and a fine of not less than fifty
thousand pesos (P50,000.00) and the loss of their license to operate are imposed upon those who
are found to have derived profit or advantage from violations of this Article.

e. (Coercion to beg and other illegal activities) Prision Correccional (Medium) to Reclusion
Perpetua shall be imposed on those who either: coerces a child to beg as a
means of living, to act as a conduit in drug trafficking or pushing, to conduct any illegal activity.

f. (Physical Injury) Reclusion Perpetua will be imposed on those found guilty of the crimes of
Murder, Homicide, Other Intentional Mutilation and Serious Physical Injuries,
WHERE THE VICTIM IS UNDER TWELVE (12) YEARS OLD.

g. (Moral and Emotional Injury) A penalty one (1) degree higher will be imposed on those found
guilty of the crimes of Qualified Seduction, Acts of Lasciviousness with Consent,Corruption of
Minors, and White Slave Trade, WHERE THE VICTIM IS UNDER TWELVE (12) YEARS
OLD.

Sanctions for Establishments or Enterprises

a. Immediate Closure of Establishment

b. The Revocation of the License to Operate
c. A Public “Off Limits” Sign posted outside the establishmentfor a period not less than one (1)
year. The unauthorized removal of which will be punishable by Prision Correccional.

Penalties for those found guilty of violating the Article on Working Children

a. Fine not less than one thousand pesos (P1,000.00) but not more than ten thousand pesos
(P10,000.00)
b. Alternatively, imprisonment of not less than three (3) months, but not more than three (3) years.
c. Or both penalties at the discretion of the court
d. In cases of repeat offenders, their license to operate shall be revoked.

Penalties for those guilty of the crime of Discrimination Against Children of Indigenous Cultural
Communities

a. (Discrimination) Arresto Mayor (Maximum) and a fine of not less than five thousand pesos
(P5,000.00) but not more than ten thousand pesos (P10,000.00) shall be imposed on any person
found guilty of discriminating against a child of indigenous cultural communities.

Common Penal Provisions

a. (Previous Conviction) Penalties are to be imposed in their maximum periods

b. (Juridical Personality) Penalties are to be imposed in their maximum periods on the officer or
employee of erring corporation, partnership, or association
 MICHAEL ANGELO MEMORACION AND SIMON PETER ZAGADO
REVIEWER IN SOCIAL LEGISLATION

c. (Relationship) Penalties are to be imposed in their maximum periods when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of
an establishment which has no license to operate or its license has expired or has been revoked.

c. (Foreigner) Deportation immediately after service of sentence, and the same shall be forever
barred from entering the country.

e. (Public Officer) Penalties are to be imposed in their maximum periods if the perpetrator is a
public officer or
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Should the penalty be Reclusion Perpetua or Reclusion Temporal, then the accessory
penalty of perpetual or temporary absolute disqualification shall also be imposed.

Should the penalty imposed be Prision Correccional or Arresto Mayor, the accessory
penalty of suspension shall likewise be imposed.

f. (Fine) A fine to be determined by the court shall be imposed and administered as a cash fund by
the DSWD and the same will be disbursed for the rehabilitation of the victim.

Remedial Procedures

Who may file a complaint?

1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third degree of consanguinity;
4) Officer, social worker or representative of a licensed child-caring institution;
5) Officer or social worker of the DSWD;
6) Barangay Chairman; or
7) At least 3 concerned responsible citizens where the violation occurred.

Protective Custody of the Child- offended party will immediately be placed under the custody of the
DSWD

Confidentiality of offended party’s identity

Special court proceedings- RTC as Juvenile and Domestic Court; preference to the hearing or disposition
of cases involving violations of this Act.