REVIEW OF RELEVANT

LAWS ON CHILD SEXUAL

ABUSE AND COMMERCIAL
EXPLOITATION

Outline of Presentation

Relevant Provisions of RA 7610

Pertinent Provisions of the RPC

RA 9208 (The Anti-Trafficking in

Persons Act of 2003)

Republic Act No.

7610
Special Protection of Children
Against Child Abuse,
Exploitation and
Discrimination

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- 2 deg. Lower from the consummated felony

Obscene Publication and Indecent

Shows
hire
employ perform
use
pose/model
Person persuade child
induce
sell
coerce
distribute

obscene exhibitions
indecent shows

live or

in video

Obscene publications
pornographic materials
pornographic materials

Penalty- Prision Mayor. If under 12 years,

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 of Prision Mayor
medium.

Other Acts of Abuse

Any person who shall commit any other acts

of child abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to
the childs development including those
covered by Art. 59 of PD 603, but not
covered by the Revised Penal Code
Penalty- Prision Mayor Minimum

Other Acts of Abuse

Any person who shall 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.
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

Any person who shall induce or deliver or offer a minor to

anyone prohibited under R.A. 7610 as above described.
Penalty-Prision Mayor Medium and fine of not less than
Php 50,00.00.
Any person, owner, manager or one trusted 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 such place or places any minor herein described.
Penalty-Prision Mayor Medium and fine of not less than
Php 50,000.00

Other Acts of Abuse

Any person who shall use, coerce, force or

intimidate a street child or any other child
to:
beg or use begging as a means of living
act as conduit or middleman in drug
trafficking or pushing
conduct any illegal activities.

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.

Remedial Procedures

Who may file a complaint?

Offended Party
Parents or Guardians
Ascendant or collateral relative within 3 rd degree
of consanguinity
Officer, social worker or representative of a
licensed child-caring institution
Officer or social worker of the DSWD
Barangay Chairman, or
Three (3) concerned, responsible citizens where
the offense was committed

Remedial Procedures

Protective Custody of the Child

(DSWD will be free from any administrative, civil or criminal
liability)

Confidentiality

Name of the offended party withheld from the public until the
court acquires jurisdiction
Unlawful to cause undue and sensationalized publicity of any case

Special Court Proceedings

Protection of victim from undue publicity (IRR)
records

Pertinent Provisions
of the
Revised Penal Code

Rape (Art. 266-A)

As amended by RA 8353, The Anti-Rape Law of 1997

Expanded the definition of the crime of

rape to include sexual assault
Reclassified rape as a crime against
persons
Added fraudulent machinations or grave
abuse of authority as a fourth mode of
committing rape under parag.1
Considered demented persons statutory
rape

Rape (Art. 266-A)

As amended by RA 8353, The Anti-Rape Law of 1997

How rape is committed?:

By a man who shall have carnal knowledge with a

woman under any of the following circumstances:
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 12 or is
demented, even though none of the
circumstances mentioned above

Rape (Art. 266-A)

As amended by RA 8353, The Anti-Rape Law of 1997

How rape is committed?:

By any person who, under any of the

circumstances mentioned in par. 1, shall commit
an act of sexual assault by inserting

his penis into anothers mouth or anal

orifice
any instrument or object into the genital or
anal orifice of another person

Other Crimes under the RPC

Acts of lasciviousness (Art. 336)

offender commits any act of lasciviousness or

lewdness
committed using force or intimidation; offended
party is deprived of reason or otherwise
unconscious; offended party is below twelve
(amended by RA 7610)

Acts of lasciviousness with the consent of the

offended party

offended party is a woman above 12 or under 18

committed under the circumstances and by the
same circumstances under Arts. 337 and 388

Other Crimes under the RPC

Qualified seduction
offended party was a virgin at the time
of the commission of the offense
offended party is over 12 but under 18
offender had carnal knowledge
offender is one of those persons
enumerated under Art. 337 par. 1 (a
person in public authority, a priest,
house-servant, domestic, guardian,
teacher, or any person entrusted with
the custody or education if the woman)
Note: consent or deceit not essential
elements; virginity refers to chaste
character not physical virginity

Other Crimes under the RPC

Simple seduction
offended party must be single or a
widow
of good reputation (virginity not
essential)
over 12 and under 18
offender had carnal knowledge of her
act was committed by means of deceit

Other Crimes under the RPC

Corruption of minors
how committed?
Habitually promoting or facilitating the
prostitution or corruption of a minor of
either sex
promoting or facilitating the prostitution
or corruption of a minor, the offender
availing of his authority over the minor, or
acts with abuse of confidence

Note: habituality or abuse of authority is

no longer an element of the offense (BP
92)

Other Crimes under the RPC

White Slave Trade

how committed?
By engaging in the business of
prostitution
By profiting by prostitution
By enlisting the services of women for
the purpose of prostitution

liability attaches: a) enlistment without

sharing in the profit; or b) sharing in
the profit without enlistment

Other Crimes under the RPC

Forcible abduction
the persons kidnapped must be a woman
(immaterial whether she is a widow,
married or virgin)
committed against her will (except for
those under 12)(by means of deceit or
violence)
committed with unchaste designs, that is
with the intention of lying with the
woman (if w/o lewd designs, illegal
detention; but if forcibly taken to coerce
her to marry him, grave coercion)

Anti-Trafficking in
Persons Act of 2003
Pros. Lolita L. Lomanta
Office of the Cebu Provincial
Prosecutor

Republic Act 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS EXPECIALLY
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

DEFINITION OF TERMS
TRAFFICKING IN
PERSONS:

Refers to the:
a) recruitment,
b) transportation,
c) transfer, or
d) harboring, or
e) receipt of persons
with or without the victims consent or
knowledge,
within or across national borders

by means of:
a) threat or use of force, or other forms of coercion,
b) abduction,
c) fraud,
d) deception,
e) abuse of power or of position,
f) taking advantage of the vulnerability
of the person, or
g) the giving or receiving of payments
or benefits to achieve the consent of a
person having control of another person

 For the purpose of exploitation which

includes at the minimum:

a) exploitation or prostitution
b) other forms of sexual exploitation
c) forced labor or services, slavery,
servitude or
d) removal or sale of organs
If the victim is a child, the recruitment,
transportation, transfer, harboring or
receipt shall be considered trafficking
in persons even if it does not involve
any of the means set forth in the
preceding paragraph

Acts of Trafficking in Persons

To recruit, transport, transfer, harbor,

provide, or receive a person by any
means, including those done under
the pretext of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, etc

Acts of Trafficking in Persons (2)

To introduce or match for money,

profit, or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a
foreign national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her to
engage in prostitution, etc

Acts of Trafficking in Persons (3)

To offer or contract marriage, real or

simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in
prostitution, etc

Acts of Trafficking in Persons (4)

To undertake or organize tours and

travel plans consisting of tourism
packages or activities for the purpose
of utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
To maintain or hire a person to
engage in prostitution or
pornography;

Acts of Trafficking in Persons (5)

To adopt or facilitate the adoption of

persons for the purpose of
prostitution, etc
To recruit, hire, adopt, transport or
abduct a person, by means of threat
or use of force, fraud, deceit,
violence, coercion, or intimidation for
the purpose of removal or sale of
organs of said person

Acts of Trafficking in Persons (6)

To recruit, transport or adopt a child

to engage in armed activities in the
Philippines or abroad

Acts that Promote Trafficking

in Persons

To knowingly lease or sublease, use

or allow to be used any house,
building or establishment for the
purpose of promoting trafficking in
persons

Acts that Promote Trafficking

in Persons (2)

To produce, print and issue or

distribute un-issued, tampered or
fake counseling certificates,
registration stickers and certificates
of any government agency which
issues these certificates and stickers
as proof of compliance with
government regulatory and predeparture requirements for the
purpose of promoting trafficking

Acts that Promote Trafficking

in Persons (3)

To advertise, publish, print,

broadcast or distribute, or cause the
advertisement, publication, printing,
broadcasting or distribution by any
means, including the use of
information technology and the
internet, or any brochure, flyer, or
any propaganda material that
promotes trafficking

Acts that Promote Trafficking

in Persons (4)

To assist in the conduct of

misrepresentation or fraud for
purposes of facilitation the
acquisition of clearances and
necessary exit document from
government agencies mandated to
provide pre-departure registration
and services for the purpose of
promoting trafficking

Acts that Promote Trafficking

in Persons (5)

To facilitate, assist or help in the exit

and entry of persons from/to the
country at international and local
airports, territorial boundaries and
seaports who are in possession of
un-issued, tampered or fraudulent
travel documents for the purpose of
promoting trafficking in persons

Acts that Promote Trafficking

in Persons (6)

To confiscate, conceal, or destroy the

passport, travel documents, or
personal documents or belongings of
trafficked persons in furtherance of
trafficking or to prevent them from
leaving the country or seeking
redress from the government or
appropriate agencies

Acts that Promote Trafficking

in Persons (7)

To knowingly benefit from, financial

or otherwise, or make use of, the
labor or services of a person held to
a condition of involuntary servitude,
forced labor, or slavery

Qualified Trafficking in
Persons

When the trafficked person is a child

When the adoption is effected
through Republic Act No. 8043,
otherwise known as the InterCountry Adoption Act of 1995 and
said adoption is for the purpose of
prostitution, etc..

Qualified Trafficking in
Persons (2)

When the crime is committed by a

syndicate, or in large scale.
Trafficking is deemed committed by a
syndicate if carried out by a group of
three (3) or more persons conspiring
or confederating with one another. It
is deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group

Qualified Trafficking in
Persons (3)

When the offender is an ascendant,

parent, sibling, guardian or a person
who exercises authority over the
trafficked person or when the offense
is committed by a public officer or
employee

Qualified Trafficking in
Persons (4)

When the trafficked person is

recruited to engage in prostitution
with any member of the military or
law enforcement agencies
When the offender is a member of
the military or law enforcement
agencies

Qualified Trafficking in
Persons (4)

When by reason or on occasion of

the act of trafficking in persons, the
offended party dies, becomes insane,
suffers mutilation or is afflicted with
Human Immunodeficiency Virus
(HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).

Penalties

Acts of Trafficking imprisonment of

twenty (20) years and a fine of not
less than One million Pesos but not
more than Two million pesos

Penalties (2)

Acts that promote trafficking

imprisonment of fifteen (15) years
and a fine of not less than Five
hundred thousand pesos but not
more than One million pesos

Penalties (3)

Qualified trafficking life

imprisonment and a fine of not less
than Two million pesos but not more
than Five million pesos

Use of Trafficked Persons

Any person who buys or engages the

services of trafficked persons for
prostitution shall be penalized as follows:
(a)First offense six(6) months of
community service as may be
determined by the court and a fine of
Fifty thousand pesos(P50,000.00); and
(b) Second and subsequent offenses
imprisonment of one (1) year and a fine
of One hundred thousand pesos
(P100,000.00).

Confidentiality

At any stage of the investigation, prosecution and

trial of an offense under the Act, law enforcement
officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the
trafficked person and the accused.
Law enforcement officers, prosecutors and judges
to whom the complaint has been referred may
order a closed-door investigation, prosecution or
trial. The name and personal circumstances of
the trafficked person or of the accused, or any
other information tending to establish their
identities shall not be disclosed to the public

Confidentiality

In cases when the 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 and
director of a film in case of the movie
industry, or any person utilizing tri-media
facilities or information technology to
cause publicity of any case of trafficking in
persons.
Penalty: imprisonment of six (6) years
and a fine of not less than Five hundred
pesos but not more than One million Pesos

PROGRAMS AND PROTECTION

(2)
Roles and Responsibilities of LGUs:
Monitor and document cases of trafficked
persons in their areas of jurisdiction
Effect the cancellation of licenses of
establishments which violate the provisions of
the Act and ensure its effective prosecution
Undertake an information campaign against
trafficking in persons through the
establishment of the MAIN desks in
municipalities and provinces in coordination
with DILG, PIA, CFO, NGOs

PROGRAMS AND PROTECTION

(3)
Roles and Responsibilities of LGUs:
Encourage and support community based
initiatives which address trafficking in persons;
Provide basic social services for the prevention,
rescue, recovery, rehabilitation and
reintegration/after care services to victims of
trafficking and their family
Enact ordinances or issuances aimed at
providing protection and support to trafficked
persons and adopt measures to prevent and
suppress trafficking

PROGRAMS AND PROTECTION

(4)
Roles and Responsibilities of LGUs:
Strengthen, activate and mobilize
existing committees, councils, similar
organizations and special bodies at the
provincial, city, municipal and barangay
levels to prevent and suppress
trafficking in persons

PROGRAMS AND PROTECTION

(6)

Legal Protection

trafficked persons are recognized as victims and shall not

be penalized for crimes directly related to the acts of
trafficking or in obedience to the order made by the
trafficker. Consent of trafficked person to the intended
exploitation shall be irrelevant.

Witness protection program under R.A. 6981

Mandatory services:

Emergency shelter or appropriate housing

Counseling
Free legal services
Medical or psychological services
Livelihood and skills training
Educational Assistance to a trafficked child

Who can file complaint:

Any person who has personal

knowledge of the commission of any
offense under this Act
The Trafficked person
The parents
Spouse
Siblings
Children
Legal Guardian

Where to file complaint:

Where the offense was committed,
Where any of its element occurred, or
Where the trafficked person actually
resides at the time of the commission of
the offense
Proviso: that the court where the criminal
action is first filed shall acquire jurisdiction
to the exclusion of other courts

Prescriptive period:
Trafficking cases under this Act shall
prescribe in ten (10) years.
Exception: When committed by a
syndicate or in a large scale, they
prescribe in twenty (20) years.

THE END
DAGHANG SALAMAT
Good Day To All!!!