HIGHLIGHTS OF LAWS

RELATED TO CHILD ABUSE

By: Children’s Legal Bureau

MAIN LAW:

 Special Protection of Children Against

Child Abuse, Exploitation and
Discrimination (RA 7610 as amended by
RA 7658 and RA 9231)

RELATED LAWS:
 R.A. 9208 Anti Trafficking Act
 Anti-Rape Law and Anti-Sexual
Harassment Act
HIGHLIGHTS OF R.A. 7610
Definitions
a. “Children” – refers to persons below
eighteen (18) years of age or those of
age but are unable 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.
Definitions…
b. “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. Any act by deeds or words which
debases, degrades or demeans the
intrinsic worth and dignity of a child as a
human being.
Definitions…
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.
Child Prostitution and
other Sexual Abuse
Children, whether male
or female, who for money,
profit, or any other consideration or
due to coercion or influence of any
adult, syndicate or group, indulge in
sexual intercourse or lascivious
conduct, are deemed to be children
exploited in prostitution and other
sexual abuse.
Who are liable?
a. Those who engage in or promote, facilitate
or induce child prostitution which include:
1. Acting as a procurer of a child prostitute;
2. Inducing a person to be a client of a child
prostitute;
3. Taking advantage of influence or relationship to
procure a child as a prostitute;
4. Threatening or using violence towards a child to
engage him as a prostitute; or
5. Giving monetary consideration, goods or other
pecuniary benefit to a child with the intent to
engage such child in prostitution.
Who are liable… (2)
b. Those who commit the act of sexual
intercourse or lascivious conduct with a child
exploited in prostitution or subjected to
other sexual abuse:

* Provided, that when the victim is under twelve (12)

years of age, the perpetrators shall be prosecuted
under Article 335 paragraph 3, and Article 336 of
Act No. 385, as amended, the Revised Penal Code,
for rape or lascivious conduct, as the case may be.
Who are liable … (3)
c. Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution
takes place, or of the sauna, disco, bar,
resort, place of entertainment or
establishment serving as a cover or which
engages in prostitution in addition to the
activity for which the license has been issued
to said establishment.
Attempt to Commit Child
Prostitution
 When any person who, 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 establishments, vessel, vehicle
or any other hidden or secluded area under
circumstances which would lead a reasonable person to
believe that the child is about to be exploited in
prostitution and other sexual abuse.
 When any person is receiving services from
a child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments.
Child Trafficking
 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. (NOTE: Anti-
trafficking in persons including children is also
provided for under R.A. 9208)
Attempt to Commit Child Trafficking
a. When a child travels alone to a foreign country without
valid reason therefore and without clearance issued by
the Department of Social Welfare and Development or
written permit or justification from the child’s parents
or legal guardian;
Attempt to Commit Child
Trafficking
b. When a pregnant mother executes an affidavit of
consent for adoption for a consideration;
c. When a person, agency, establishment of child-caring
institution recruits women or couples to bear children
for the purpose of child trafficking;
d. 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
e. 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.
R.A. 9208 (definition of
trafficking in persons)
Recruitment, transportation, transfer or
harboring, or receipt of persons:
 with or without the person’s or victim’s consent;
 within or across national borders;
 threatening victims or using force or other forms
of coercion, abduction, fraud, deception, abuse of
power or position; giving or receiving of
payments or benefits to achieve the consent of a
person having control over another person; and
R.A. 9208 …
 for the purpose of exploitation such as sexual
exploitation, forced labor or services, slavery or
practices similar to slavery, and removal or sale
of organs or other similar acts.
 Prohibited Acts Categorized as:
 Acts of trafficking in persons
 Acts that promote trafficking in persons
 Qualified trafficking in persons
 Use of trafficked persons
Obscene Publications and
Indecent Shows
 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
publication or pornographic materials
Other Acts of Child Abuse
a. Any other acts of child abuse, cruelty or
exploitation or be responsible for other
conditions prejudicial to the child’s
development including those covered by Article
59 of Presidential Decree No. 603, as amended,
but not covered by the Revised Penal Code, as
amended. Eg. abandonment, failure to enroll
the child without justifiable grounds, causing,
abetting permitting the truancy of a child,
permits the child to possess , handle or carry a
deadly weapon, allows or requires the child to
drive without license.
b. To keep or have in his company a minor, twelve
(12) years or under or who is ten (10) years or
more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places
Provided, that this provision shall not apply to
any person who is related within the fourth
degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition, or
acts in the performance of a social, moral or legal
duty.
c. To induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his
company a minor as provided in the
preceding paragraph
d. Any person, owner, manager or one
entrusted with the operation of any public
or private place of accommodation, whether
for occupancy, food, drink, or otherwise,
including residential places, who allows any
person to take along with him to such place
or places any minor herein described.
e. To use, coerce, force, or intimidate a street
child or any other child to:

1. Beg use or use begging as a means of

living
2. Act as conduit or middlemen in drug
trafficking or pushing; or

3. Conduct any illegal activities

Working Children
(Amended by RA 7658 and R.A. 9231)
General Rule: Children below 15 years old shall not be
employed
Exceptions:
a. Family Enterprise
b. Entertainment business
Provided, the employer:
a. Ensures protection, health, safety, morals and
normal development
b. Institutes measures to prevent child’s exploitation
and discrimination
c. Formulates and implements continuing program
for training and skills acquisition
Working Children…
 Hours of Work
 Child below 15:
 Not allowed to work more than 20 hours a week,
provided, not more than 4 hours a day
 Not allowed to work between 8:00 PM to 6:00 AM
the following day.
 Child already 15 but below 18:
 Not allowed to work more than 40 hours a week,
provided, not more than 8 hours a day
 Not allowed to work between 10:00 PM to 6:00
AM
Working Children…
 Prohibition Against Worst Forms of
Child Labor
 Slavery under RA 9208 “Anti-
trafficking in Persons Act of 2003”
 Use, Procuring, Offering or Exposing
of a child for--
 Prostitution
 Pornographic production
 Pornographic performance
Working Children…
 Use, Procuring, or Offering of a child for
illegal/illicit activities, i.e. production and
trafficking of dangerous drugs and volatile
substance prohibited under existing law
 Hazardous or Harmful to the health, safety
or morals of a child--
 Debases, degrades or demeans the
intrinsic worth or dignity of a child
 Exposes a child to physical, emotional or
sexual abuses
Working Children…
 Underground, underwater or at dangerous
heights
 Dangerous machineries, equipments and
tools
 Manual heavy transport
 Radiation, fire, flammable substances,
temperature, noise levels, vibration, co-
agents, etc.
 Particularly difficult situation
 Biological agents, fungi, virus
 Explosives and other pyrotechnics products
Children of Indigenous
Cultural Communities
Survival, Protection and Development – Children of
indigenous cultural communities shall be entitled to
protection, survival and development consistent
with the customs and traditions of their respective
communities.
Discrimination – They shall not be subjected to any and
all forms of discrimination. (penalized)
Participation – Indigenous cultural communities,
through their duly-designated or appointed
representatives, shall be involved in planning,
decision making, implementation and
evaluation of all government programs
affecting children of indigenous cultural
communities. Indigenous institutions shall also be
recognized and respected.
Children in Situations of
Armed Conflict
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.
Policies:
a. Children shall not be the object of attack and shall be
entitled to special respect. They shall be protected
from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment.
b. Children shall not be recruited to become member of
the Armed Forces of the Philippines or its civilian units
or other armed groups, nor be allowed to take part in
the fighting or used as guides, couriers, or spies.
c. Delivery of basic social services such as education,
primary health and emergency relief services shall be
kept unhampered.
d. The safety and protection of those who provide services
including those who involve in fact-finding missions
from both government and non-government
institutions shall be ensured. They shall not be
subjected to undue harassment in the performance of
their work.
e. Public infrastructure such in schools, hospitals and rural
health units shall not be utilized for military purposes
such as command posts, barracks, detachments, and
supply depots, and
f. All appropriate steps shall be taken to facilitate the
reunion of the families temporarily separated due to
armed conflict.
REPORTING
 Any person who learns of facts or circumstances
that give rise to a belief that a child has suffered
abuse may report to DSWD, law enforcement
agency, BCPC
 Head of any public or private hospital, medical
clinic and similar institution as well as the attending
physician and nurse shall report to the DSWD
within 48 hours from knowledge
 Teachers, administrators, probation officers,
government lawyers, law enforcers, barangay
officials, corrections officers and other government
officials has duty to report all incidents of possible
abuse to DSWD
WHO MAY FILE A
COMPLAINT?
 Offended party
 Parent of legal guardian
 Ascendant of collateral relative of the child within
third degree of consanguinity
 Duly authorized officer or social worker of DSWD
 Officer, social worker of representative of a licensed
child caring institution
 Barangay chairman
 At least 3 concerned responsible citizens of the
community where the abuse took place who have
personal knowledge of the offense committed
Implications of Anti-
VAWC
 Applies to the children of the women who
are violated under the law only
 As far as these children are concerned, they
may avail of the protection orders under the
law, i.e., perpetrator is taken out of the
place instead of the child being taken into
protective custody
HIGHLIGHTS OF ANTI-RAPE
LAW
Rape: Crime against Persons
 Not anymore crime against chastity
 Implication: It changes the misconception
that only those who are virgins (chaste)
could be victims of rape
Rape is Committed:
 1st type: Ordinary Rape: Man who shall
have carnal knowledge of a woman
 2nd type: Sexual Assault: Any person by:
 Inserting penis into another person’s mouth
or anal orifice of another
 Inserting any instrument into the genital or
anal orifice of another
Rape is Committed:
 Any of the following circumstances must
be present in both types:
 Through force, threat, or intimidation
 When the offended party is deprived of
reason or otherwise unconscious
 By means of fraudulent machination or grave
abuse of authority
 When the offended party is under twelve (12)
years of age, or is demented, even though
none of the above are present.
Penalties
 1st type: Reclusion Perpetua (life)
 Reclusion Perpetua to Death penalty if:
 Committed using deadly weapon, by two or
more persons
 When by reason or on occasion of rape,
victim becomes insane
 When rape is attempted and homicide is
committed by reason or on occasion thereof
Penalties:
 Death penalty:
 When by reason or on occasion of rape,
homicide is committed
 Victim under 18 and offender is parent,
ascendant, stepfather, guardian, relative by
consanguinity or affinity within third civil
degree, or the common-law spouse or parent
 Victim under custody of military authorities
or any law enforcement or penal institution
Penalties:
 Death penalty:
 Committed in full view of spouse, parent, any
of the children or other relatives within third
degree of consanguinity
 Victim is a religious and personally known to
be such by the offender before crime
 Victim is below seven (7) years old
 Offender is afflicted with HIV/AIDs or other
STD and virus is transmitted to victim
Penalties:
 Death penalty:
 Committed by member of AFP, para-military,
PNP, any law enforcement agency or penal
institution, when offender took advantage of
position
 By reason or on occasion of rape, victim
suffered permanent physical mutilation or
disability
 Offender knew of pregnancy of victim
 Offender knew of mental disability or
disorder and/or handicap of victim
Penalties:
 2nd type: Prision Mayor (6 yrs and 1 day to
12 years)
 Prision Mayor to Reclusion Temporal (12
years and 1 day to 20 years)
 Use of deadly weapon, or by two or more
persons
 Reclusion Temporal
 When by reason or on occasion of rape victim
becomes insane
Penalties:
 Reclusion temporal to perpetua
 When the rape is attempted and homicide
committed by reason or on occasion thereof
 Reclusion Perpetua
 When by reason or on the occasion of rape,
homicide is committed
 Other aggravating – Reclusion Temporal
Presumptions
 Any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party, or whether
the offended party is so situated as to
render her/him incapable of giving valid
consent, may be accepted as evidence in
the prosecution of the acts
HIGHLIGHTS OF ANTI-
SEXUAL HARASSMENT
Work or training-related
Sexual Harassment
 Committed by:
 employer, employee, manager, supervisor,
agent of the employer
 teacher, instructor, professor, coach, trainor
 any person who, having AUTHORITY,
INFLUENCE or MORAL ASCENDANCY
over another in the work, or training or
education environment
Sexual Harassment
 Demands, requests or other requires
 any SEXUAL FAVOR from the other
 regardless of whether the demand, request
or requirement for submission is accepted
by the object of this Act.
Work-related or
Employment Environment
 The SEXUAL FAVOR is made as a
CONDITION in the
 hiring
 employment
 re-employment or
 continued employment
 in granting said individual favorable
compensation, terms, conditions, promotions,
or privileges
 The refusal to grant the sexual favor results in
limiting, segregating or classifying the employee
which in any way would discriminate, deprive or
diminish employment opportunities or otherwise
adversely affect said employee
 Results to
 impairment of employee’s rights or privileges
under existing labor laws
 an intimidating, hostile or offensive
environment for the employee
Education or Training
Environment
 Committed against:
 one who is under the care, custody or
supervision of the offender
 one whose education, training, apprenticeship
or tutorship is entrusted to the offender
 The SEXUAL FAVOR is made a CONDITION
to the
 giving of a passing grade
  granting of honors and scholarships
 payment of a stipend, allowance or other
benefits, privileges or considerations
 Sexual advances result in an intimidating,
hostile or offensive environment for the
student, trainee or apprentice
Penalties
 IMPRISONMENT of not less than one (1)
month nor more than six (6) months, OR
 FINE of not less than ten thousand pesos
(P10,000.00) nor more than twenty
thousand pesos (P20,000.00), OR
 Both FINE and IMPRISONMENT at the
discretion of the court
DAGHANG SALAMAT