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CHAPTER IX

The Right Against Abuse
Children and women are, admittedly, weaker than men when it comes to physical strength. Because of this apparent physical inferiority, children and women are prone to abuse by men. Considered among the vulnerable members of our society, children and women need all the possible protection from and promotion by the State of their welfare. Clearly, this, the government is obliged to do in the exercise of its mandated role as parens patriae1 or father of the people. The government must ensure that children and women, considering their inherent inferiority, and hence their vulnerability, shall enjoy special protection and shall be given opportunities and facilities by law and other means to enable them to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. t therefore cannot be gainsaid that !hilippine legislations and all other actions concerning children and women, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the children and women must be the paramount consideration. The best interest of the children and women, under all circumstances, are such conditions as are most congenial to its survival, protection and feelings of security and most encouraging of
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Meaning parent or guardian of the country. The State as sovereign, as parens patriae, has the right to enforce all charities of a public nature, by virtue of its general superintending authority over the public interests, where no other person is entrusted with. Government of P.I. v. Monte de Piedad, 3 Phil. !"!.
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their physical, psychological and emotional development." n undertaking to reform the law in this particular area, the laws and rules that ignore this value must be discarded or modified.#

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#ic$s, Stephen, %nited &ations e'pert on children(s rights. Ibid.
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The Right Against Abuse

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n this chapter, we shall undertake to thoroughly discuss two of the most significant !hilippine legislations principally designed to promote the best interests of children and women and their application to ensure students$ %majority of which consist of children and women& right against abuse' (epublic )cts *+,- . and more recently, /"+".0 (.). *+,-, otherwise known as 1An Act Providing for the Protection Against Child Abuse, Exploitation and Discrimination” invokes the principle of parens patrae to support State intervention and provides against child prostitution and other acts of sexual abuse, child trafficking, obscene publication, and other acts of neglect, abuse, cruelty or exploitation. t also provides protection for working children, children of cultural minorities, those caught in armed conflict, as well as remedial procedures to ease or lessen the effects of the damage inflicted on the victims. 2n the other hand, (.). /"+", otherwise known as Anti!"iolence Against #omen and Their Children Act of $%%&” is 3egislators$ earnest effort to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and provisions of the 4niversal declaration of 5uman (ights, the convention on the 6limination of )ll 7orms of 8iscrimination )gainst 9omen, Convention on the (ights of a Child and other international human rights instruments of which the !hilippines is a party.+ By definition, 1child abuse: refers to any form of cruelty to a child$s physical, moral or mental well'being*. n broad terms, child abuse is an act of omission or commission, causing intentional harm or avoidable endangerment to a child under the age of ,;. 7our %.& general categories of child abuse include sexual abuse, physical abuse, neglect, and emotional abuse. Sexual abuse is an act by an adult %or older child in position of power& to use a child for sexual gratification;, whereas physical abuse is described by 5orton and Cruise %"--,& as <an act of commission by a parent or caretaker, characteri=ed by the infliction of physical injury<. >eglect is defined as
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)pproved *! +une *,,-. )pproved - .ebruary -//". 6 Section -, 0) ,-1-. 7 23lac$(s 4aw 5ictionary,6 7entennial 8dition, *,,*. 8 &unnelley 9 .ields, *,,:.

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The Right Against Abuse

an act of omission, with deficiencies in the obligation of a caretaker resulting in real or possible harm to the child /. 7inally, emotional abuse is verbal abuse or mental harm to the child, inflicted by harassment, threats, or terror, resulting in possible destruction of the child?s self'esteem,-. )s distinguished from the meaning of 1child abuse: as defined above, 1violence against women and their children: refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or a woman with whom the person has or had a dating or sexual relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of each acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.,, 5ence, the purpose of this Chapter is to inform and educate the students on these laws which were specially enacted to protect them from certain forms of abuse and violence that may possibly be committed against them as a child or a woman.

I. The Law on the Special Protection of Children Against Abuse E!ploitation and "iscri#ination
(epublic )ct >o. *+,-, otherwise known as the 1Special !rotection of Children )gainst )buse, 6xploitation and 8iscrimination )ct: provides that it shall be the 1State policy to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination and other conditions prejudicial to their development xxx: and to 1xxx provide sanctions for their commission and carry out a program for the prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.:," )s a matter of fact, it need to be stressed herein that the State shall even intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the
)$ande, -//*. &unnelley 9 .ields, *,,:. 11 Supreme 7ourt )dministrative Memorandum &o. /";*/;**;S7< 20ule on =iolence )gainst >omen and Their 7hildren,6 Section " ?a@. 12 0) !1*/, Section -.
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guardian. such as food and shelterC or 13 14 Ibid.The Right Against Abuse 215 child fails or is unable to protect the child against abuse..& years of age or those over but are unable to fully take care of themselves from abuse. This being so. of the child which includes any of the followingB . it is the duty of the state to give to children every opportunity for full and wholesome developments so that they may lead happy and useful lives. exploitation and discrimination and other conditions prejudicial to their development. and discrimination because of a physical or mental disability or condition. The law also recogni=es that children are essential assets and future leaders of the nation..& !sychological and physical abuse.# The law seeks to protect children because of their perceived helplessness and immaturity. refers to the maltreatment.. teacher or person having care and custody of the same. cruelty. t is clear from the above that there is the legal duty on the part of the schools to protect their studentsApupils considered as 1children: from all forms of abuse.. neglect.. cruelty. 1Child abuse: on the other hand. whether habitual or not. . degrades or demeans the intrinsic worth and dignity of a child as a human beingC #& 4nreasonable deprivation of his basic needs for survival. 1children: refer to persons below eighteen %. which makes it difficult for them to understand fully the nature and conse@uences of their acts. Ibid. sexual abuse and emotional maltreatmentC "& )ny act by deeds or words which debases. neglect. exploitation and discrimination or when such acts against the child are committed by said parent. Section 3 ?a@. exploitation. neglect. "efinition of $Children% & $Child Abuse% 4nder the law.

Section 3 ?b@. otherwise known as 1The Child and Douth 9elfare Code. +-#.0 School Liabilit' for Child Abuse in Cases of "isciplinar' Sanctions Based on the definition of the term 1child abuse. *+. any person who shall commit any act of child abuse. as amended.ects him to indignations and other excessive chastisement that embarrass or humiliate him/ xxx xxx xxx Parents” as here used shall include the guardian and the head of the institution or foster home (hich has custod' of the child/” t is therefore important to stress to teachers and other school academic personnel that although they have the authority to impose disciplinary sanctions for minor offenses committed by children' 15 16 Ibid. cruelty or exploitation or be responsible for other conditions prejudicial to the child$s development including those covered by the )rticle 0/ of !residential 8ecree >o. as amended..: providesE Criminal liabilit' shall attach to an' parent (ho) xxx xxx xxx *+.216 The Right Against Abuse 4) 7ailure 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. Ibid.: a school administrator.. 4nder the law. Section */ ?a@. cruelty and emotional maltreatment may not only be the subject of an administrative disciplinary action by the school authorities but may even be held criminally liable by virtue of (. but not covered by the (evised !enal Code. . -nflicts cruel and unusual punishment upon the child or deliberatel' sub.+ )rticle 0/ of !residential 8ecree >o. teacher or any other school personnel who commits andAor uses forms of disciplinary sanctions andAor penalties on children for misconduct that are tantamount to psychological and physical abuse.. +-#..-.). shall suffer the penalty of prision ma'or in its minimum period.

the teacher.* the penalty or sanction should only be one that a good and reasonable father andAor mother will use on their own children. or the individual. ". entity or institutions engaged in child care shall have special parental authority and responsibility over the minor child under their supervision. . )uthority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. shall therefore use disciplinary sanctionAs not to punish but to correct. entity or institution...6 . its administrator and teachers to have exercise parental authority and responsibility over the minor child while under their supervision. This limitation is implied by virtue of )rticle ". )ny kind or means of penalty or sanction used which cannot be considered as among those a good father or mother would use on their own children would result to child abuse as defined and penali=ed by the law. Sanctions&Penalties Prohibited (' Law There are three %#& types of sanctions commonly applied by teachers that are now all prohibited by express provision of lawsB %i& Corporal !unishmentC %ii& )cademic Frade 8eduction or (eductionC and %iii& mposing 7ines or Charges.amily 7ode statesA 2The school. Those that are expressly prohibited by lawC and Those that a good father or mother would not be expected to use on their own children. as parent. )nd in dealing with the discipline of the child in school. it is submitted that there are two %"& general types of sanctions andAor penalties teachers andAor school administrators are prohibited to use on pupilsE .The Right Against Abuse 217 student while in school %or even outside&.. )rticle -*: of the . M0PS. (i) Corporal Punishment 17 18 Section !". of the 7amily Code that re@uires schools. instruction or custody. but to motivateC and not to obey with rigid cadence. but to choose to follow the right way. not to force. Based on the above.. its administrator and teachers. instruction or custody.

and sometimes of high dignit' in the church/” n the !hilippines. x x x (hatever his age.6 *.218 The Right Against Abuse Corporal punishment is any act that inflicts pain or harm upon a child$s body as punishment for wrongdoing.. 22 Ibid. jurisprudence then also permitted to a certain degree. 2School )dministrator(s 8ncyclopedia./ usually through a beating or spanking. George 0.:. Solomon$s dictumB 15e that spareth the rod hateth his soC but he who loves him chastises him betimes..". #awes and #awes."" 5ence.6 *. Bctober *. for being discovered out of bounds. for inabilit' to construe a lesson.:. and shalt deliver his soul from hell.ed. it was only to be expected that the whip should rank as an admirable instrument for the correction of students. is not dictated by any bad motive. p.6 *. &o. Thou shalt beat him with the rod.. in the schools then. . 2The #istory of 7orporal Punishment.ed. :/. corporal punishment. */1. authorities have looked upon corporal punishment %particularly flogging& as a panacea for every breach of discipline. as the following comments in the Edinburgh Revie( %)pril . p. x x x. p. (hether for insubordination in or out of school.: and his admonitionB 19ithhold not correction from the childC for. b' the head master himself.G. 21 Scott. he shall not die. and as a means of deterring others from committing crime in adult life. or to sa' it b' heart. for absence from chapel or school 1ever' bo'. 2The 7oncise 5ictionary of 8ducation.9ith the widespread popularity in the past of whipping as form of punishment for transgressors. 1-/3. if thou beatest him with the rod. is punished b' flogging/ This operation is performed on the na2ed bac2.: 3ikewise in 19 20 Macha$ and Macha$.". that within the memories of those of the present day who have reached middle age must be vivid recollections of the sting of the birch or the cane upon their own person or of its infliction upon friends and relatives. is such as is usual in the school and such as the parent of the child might expect that the child would receive if he did something wrong.: and the maxim 1Spare the rod and spoil the child: was accepted and considered to constitute full and complete justification for flagellating children of both sexes right through the ages until comparatively recent timesEso recent. indeed. 23 7). /..#-& indicateB 0or all offenses.0. . n People vs/ 4aria R/ Padua$5 the Court of )ppeals laid down the principle that corporal punishment may be countenanced 1if no bodily harm is caused and the punishment inflicted is moderate..1:. -. (ho is al(a's a gentleman of great abilities and ac3uirements.

at this moment and in this case. the late Chief Gustice Claudio Teehankee stated in his dissent. (ii) Academic Grade Deduction or Reduction 24 :1 S70) 3:. but in the face of the express provision of the la( she ma' not be absolved of the proven charge/” Clearly. of the <e( Civil Code exclusivel' in the parents/ The teacher might be entitled to the appreciation of mitigating circumstances in her favor such as having acted (ith obfuscation. in the 6aga. statingE x x x *(. the Supreme Court reversed her conviction.hat appears is that petitioner acted as she did in the belief that as a teacher exercising authorit' over her pupil in loco parentis. . 7or. it can no longer be imposed upon the school children of today. she (as (ithin her rights to punish her moderatel' for the purpose of discipline/ #hether or not she exceeded that degree of moderation permitted b' the la( and rules governing the performance of her functions is not for 9:. inflict corporal punishment upon the child/” n fact. thatE -t cannot be contended then that teachers in the exercise of their authorit' in loco parentis ma' (ithout incurring criminal liabilit' inflict moderate punishment/ The po(er to inflict moderate punishment on children is vested b' Article 51.. )rticle "## of the 7amily Code provides thatE -n no case shall the school administrators. et al/ $& where a teacher was criminally charged and convicted for whipping a student with a bamboo stick. corporal punishment by the school personnelAteachers on students being prohibited may be considered as a form of 1x x x psychological and physical abuse x x x cruelty %or& emotional treatment: punishable by (.o case.).o vs/ 7on/ 8eronimo R/ 4arave.The Right Against Abuse 219 the case of 4arcela 4/ 6aga. although corporal punishment was until the recent past widely accepted as a disciplinary measure. teacher or individual engaged in child care and exercising special parental authorit'. to determine/” These doctrines no longer apply. *+.-.

to wit E 9nder the Philippine education s'stem. as set b' x x x school rules. (hether private. government. the misconduct of a pupil ma' affect his class or final grade in Character Education/ This provision clearly stresses one of the most important guarantees to students ' that teachers shall not make deductions in scholastics ratings for acts that are clearly not manifestations of poor scholarship.ect should be based solel' on his scholastic performance/ An' addition or diminution to the grade in a sub.-. or misconduct shall not be allo(ed. The final grade or rating given to a pupil or student in a sub.ect content and re3uirements/ -n the elementar' level..:"* the basic duty of the teacher with regard to the giving of grades to students was clearly explained.. . and provided further that such ad. policies and regulations. 27 Published in the Philippine 4aw +ournal issue of * +uly *.ect for co!curricular activities. have the inherent po(er to impose the standards of scholastic achievement for its students and to eliminate an'one (ho fails to meet the desired norm/ :tandards of scholastic achievement.-.220 The Right Against Abuse Section */ of the Hanual of (egulations for !rivate Schools"0 provides in no uncertain terms thatE Basis for Grading. or to avail himself of the opportunities in his curriculum x x x programs to prepare himself better to(ards the fulfillment of his duties and responsibilities to himself and to societ'/ The la( imposes upon the child. *schools. 8ducation )ct of *. in his capacit' as a pupil or student. and the status of good standing” is measured in terms of grades/ x x x The academic grade should be based upon actual proficienc' demonstrated and not upon conduct 25 26 587S Brder &o.ustments are relevant to the sub. except as ma' other(ise be explicitl' provided for b' an individual school in an appropriate issuance or publication. 3atas Pambansa -3-. attendance."+ n an article entitled 1The 3aw Foverning the (elationship Between Teachers and Students. Section *1? @.*. or state!o(ned. the responsibilit' to exert his utmost for his education and training/ The teacher or professor is the most important figure in maintaining academic discipline/ The la( en. .oins teachers and professors to see to it that their students= duties are complied (ith/ :tandards of scholastic set b' schools re3uire students to be in good standing” in school. x x x.:-. series of *. ma2e it incumbent upon ever' student to exert his utmost in his education in ever' (a' possible.

". to witB 1) ) student may be given a failing mark if he incurs absences of more than "-I of the prescribed number of class or laboratory periods for the school year.The Right Against Abuse 221 of attendance/ x x x -n other (ords. s.". Manual as amended by 587S Brder &o.*. there are instances when the grade is not determined solely by academic performance. x x x the class grades and final grades given to a student in an approved course should in all cases be those (hich he deserves for the (or2 he has done and the abilit' he has sho(n in a particular sub. the grade given to a student in an approved course should in all cases correspond to his performance therein. for attendance or for conduct/” 5ence. 4egality of Student 5isciplinary Practices.or absences. 3 . Thus. "& )n addition to or reduction from the grade for involvement in co'curricular activities. 5is failure here is due to academic deficiency caused by his absences. or for attendance. neither can a teacher reduce a student$s grade due to his misconduct#. *... 28 . 7agliostro M.6 Philippine 4aw +ournal. teachers who intend to adopt said practice or policy in the computation of the final gradesArates of their students must first seek authori=ation from the school administrationC b& The school explicitly provides for the same in an appropriate issuance or publication to make it known to the students who may be directly affected. 5owever. Maria 4ourdes ). attendance.D ". 2The 4aw Governing the 0elationship 3etween Teachers and Students. "". "/ Conversely.#. +uly *.*"1.3. p. a verbal announcement is not sufficient compliance with this conditionC and MartineC..ect or course/ <o additions should be made to the regular class or final grades of credit for (or2 done in connection (ith other activities. *" . or misconduct may be allowed when the following conditions are presentB a& t is allowed by the school administration. >o additions to the regular class. 5ence. or for conduct. and Sales. final grades or credits should be made due to the student$s work in other activities. 30 3olmeier. 29 Ibid. 31 Section !3. *. pp.

ustice. to give a grade not based on the students$ scholastic performance&. act (ith . shall not be included in the academic average. *1/ S70) "". *. which statesE Ever' person must. 7or a teacher to do otherwise. however. 7urthermore. based upon attendance and interest rather than proficiency. that it is not a matter of discretion on the part of the teachers in the giving of the students$ grades. since it is directly related to the subject matter.#" Teachers who make unauthori=ed addition or deductions from the final grade may be guilty of child abuse committed by degrading or demeaning the intrinsic worth of the child as a student and pupil for giving a grade that is not truly reflective of hisAher academic performance. and observe honest' and good faith/” . it would constitute an abuse of discretion on his part to give his students more or less than what are due. %that is.. :ps/ Pacifico Delmo and :andra Delmo. n >ose 6/ ?edesma vs/ CA. s.222 The Right Against Abuse c& The adjustment is relevant to the subject content and re@uirements./ of the >ew Civil Code. in the exercise of his rights and in the performance of his duties. would undoubtedly be tantamount to serious academic malpractice or grave misconduct in the performance of hisAher duties. #& n the elementary level.## a college student who was supposed to graduate magna cum laude was not allowed to do so because she lent money to members of an organi=ation which petitioner %as school president& 32 33 )dministrative Instruction &o.3/. t therefore could no longer be gainsaid. . The !6 mark. the misconduct of a pupil may affect his class or final grade in Character 6ducation.& n elementary and high school. but rather it is a clear obligation for them %the teachers& to determine student academic marks solely based on scholastic performance. *:. the final grade in !6 shall be 9hile it is true that the teacher is merely performing his duty. said teacher may even be liable for damages based on )rticle . give ever'one his due. The H(!S does not re@uire the previous consent of the administration and the publication of such a policy for the information of the school community for a teacher to reduce the grade in these cases.

moral damages are but proper/ As (e have affirmed b' the case of Prudenciado vs/ Alliance Transport :'stem. (hether voluntar' or other(ise. n the case of #ilfredo T/ Padilla vs/ <?RC and :an 6eda College. moral shoc2. *1&+ :CRA &&% &&+. is hereb' prohibited) Provided."-+.5& where a teacher approached a co'teacher in behalf of an alleged 1nephew. . 3edesma disputed her @ualifications and prevented her from graduating with the appropriate honors. for the direct act of giving a grade without any scholastic basis.*"0 and () 00. fright. ho(ever. colleges and universities. from school children. b' an' person for an' pro. as amended by () . 5ence. what more. 2n this basis.The Right Against Abuse 223 3edesma claimed violated school rules.+.: whom the latter failed in 5istory . serious anxiet'. There is no argument that moral damages include ph'sical suffering. statingE -t cannot be disputed that *student. "ioleta Delmo (ent through a painful ordeal (hich (as brought about b' the petitioners= neglect of dut' and callousness/ Thus. if such indirect act of merely influencing is considered by the 5igh Court as grave misconduct. students and teachers of public and private schools. (ounded feelings. mental anguish. 5ence. That this prohibition shall 34 -!3 S70) " !. provides thatE The sale of tic2ets and@or collection of contributions in an' form (hatsoever. (iii) Imposing Fines or Charges () . the same predicament awaits any teacher or school administrator who denies a student the honor heAshe is due. which is a valid ground for dismissing an employee. it applies by analogy to private schools. and similar in. the Supreme Court held that the pressure and influence exerted by the petitioner on his colleague 1 x x x constitute%s& serious misconduct. The Supreme Court held 3edesma liable for moral and exemplary damages. moral damages ma' be recovered if the' are the proximate result of defendant=s (rongful act or omission/” )lthough the ruling involved a state college. -nc/.ect or purpose. besmirched reputation.: n this case the teacher was terminated for merel' influencing a co'teacher to change a grade and to give one that was not based on scholastic performance. social humiliation.ur'/ Though incapable of pecuniar' computation. and to change the grade to a passing one.

//-' . it must be mentioned that subse@uent laws have allowed the collection of other contributions. The afore@uoted provision clearly allows the collection of contributions only for students$ membership fees in the (ed Cross. however. 0epublic )ct &o. they claimed that in doing so. Section / %/& of the 6ducation )ct of . !/!. et al. 3?c@. That this prohibition shall not cover the contributions of parents and other donors for the support of the barrio high schools/” 7urthermore. 6ven before the project could be executed. .//.#0 n the recent case of Anita A/ :alavarria vs/ ?etran College.224 The Right Against Abuse not cover membership fees of school children and students in the Red Cross. 7urthermore. . 11 D Sec. Sometime in the second semester of school year . The students explained that the project consisted in collecting contributions from each of them. chalice. and for the support of barrio high schools../. M0PS and Sections */3 9 * of the T=8T Manual.. finall'. crucifix and similar items to be distributed among the several churches in Hetro Hanila and nearby rural areas. and see comments on Section .. the Firl Scouts and the Boy Scouts. petitioner received a memorandum dated Ganuary "/." %B! Blg. petitioner was finally prevailed upon to accede to their proposal. Salavarria was employed by respondent Colegio de San Guan de 3etran as a teacher in its 5igh School 8epartment. it would involve them in charity work in connection with the lesson on 13ove of Fod and >eighbor: and that such activity would entail a much lesser expense than the completion of the term papers.//. !:.#+ petitioner )nita D. )fter continuous proddings. the second year students of her (eligion classes re@uested her if they could initiate a special project in lieu of the submission of the re@uired term papers. from )ssistant 35 )rt. P5 1/3D Sec. the 8irl :couts of the Philippines and the 6o' :couts of the Philippines) Provided..1 S70) *:". 0epublic )ct &o. 36 -. . "#"& provides that the students shall have a right to be free from involuntary contributions except those approved by their own organi=ations or societies. which amount shall be used to purchase religious articles such as bibles. 5owever.

directing her to explain why she should not be disciplined for violation of a school policy against illegal collections from students.//. petitioner was found guilty of the offense charged and conse@uently terminated from the service. petitioner relied principall' on a letter (ritten b' one of her students. so. which proceedings were conveyed to co'respondent 7r. (ogelio B. though cogent. made her in effect the author of the pro. n spite of her written explanation. not onl' for the collection of the contributions. do not (arrant a reversal of the assailed decision/ -f there is one person more 2no(ledgeable of respondent=s polic' against illegal exactions from students. the fact that the same (as approved or indorsed b' petitioner. nstead of ruling on the matter. 7r. Redentor :alonga. for a final determination of the case. The Supreme Court in upholding the dismissal of the petitioner valid. after initial purchases (ere made.ect/” xxx xxx xxx #ell!entrenched in our .ust cause. another memorandum dated 7ebruary . )rguelles. maintaining that he (as responsible. she could not have transgressed any school policy. as (ector and !resident of 3etran College. n reply. 2n September #-. )larcon.The Right Against Abuse 225 !rincipal 6rlinda ). it (ould be petitioner :alavarria/ The records sho( that she had been meted out a t(o! (ee2 suspension in 1B++ for having solicited contributions (ithout the re3uisite school approval (ith a final (arning that commission of a similar offense shall (arrant the imposition of a more severe penalt'/ 7ence. (ere immediatel' returned to the student!leaders for proper reimbursement to the students concerned/ The evidence proffered.. )larcon deferred his decision thereon and instead created an )d 5oc Committee that would further look into the matter. was issued re@uiring her to attend a dialogue with the 5igh School Council. but for the canvass of the price of the religious items as (ell/ 4oreover. she denied initiating the project. petitioner pleaded that she never misappropriated the mone' collected and (hatever (as left of it. regardless of (ho initiated the collections. arguing that it was her students who proposed the said undertaking. . (ho attested to the veracit' of the formers= assertion.. having been effected (ithout . saidE Petitioner contended that her dismissal (as arbitraril' carried out.//. on the premise that the solicitation of funds necessar' to purchase the religious articles (as initiated b' the students and that her participation therein (as merel' limited to approving the same/ -n support of this claim.urisprudence is the dictum that (hen emplo'ers issue rules and regulations operative in a (or2place are deemed part of the contract of emplo'ment binding upon the . .

teachers or school administrators but may nevertheless find their application in some %hopefully very rare& student cases of abuse or violenceE On Child Prostitution and Other e!ual A"use Section 0 of the law providesE #Child Prostitution and Other e!ual A"use. are deemed to be children exploited in prostitution and other sexual abuse/ The penalt' of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the follo(ing) *a.226 The Right Against Abuse emplo'ees (ho enter the service. has so plainl' and completel' been bared/ -n the instant case. the follo(ing) *1. profit. indulge in sexual intercourse or lascivious conduct. on the assumption that the' are 2no(ledgeable of such rules/ Thus. regard for his emplo'er=s rules and application of the dignit' and responsibilit'. Threatening or using violence to(ards a child to engage him as a prostituteD or . in the event of a violation. Acting as a procurer of a child prostituteD *$. an emplo'ee ma' be validl' terminated from his emplo'ment on the ground that an emplo'er can not rationall' be expected to retain the emplo'ment of a person (hose lac2 of morals. or an' other consideration or due to the coercion or influence of an' adult. petitioner should have been more circumspect in her actuations of such nature/ -t hardl' needs reminding that. those in the teaching profession must demonstrate a scrupulous regard for rules and policies as befits those (ho (ould be role models for their 'oung charges/ x x x” )ther Pertinent Penal Pro*isions of the Law 2ther provisions of the law that ostensibly appear not to be related in a way with school matters involving the students or pupils. petitioner=s infraction of a school polic' (arrants her dismissal/ 7aving been administrativel' penaliCed for a similar offense in 1B++. but are not limited to. (ho for mone'. s'ndicate or group. (hether male or female. Ta2ing advantage of influence or relationship to procure a child as prostituteD *&. -nducing a person to be a client of a child prostitute b' means of (ritten or oral advertisements or other similar meansD *5. respect and lo'alt' to his emplo'er. facilitate or induce child prostitution (hich include. Those (ho engage in or promote. in vie( of their position and responsibilit'. 1 Children.

*-:!!!.!.o?clock in the afternoon. 8iving monetar' consideration goods or other pecuniar' benefit to a child (ith intent to engage such child in prostitution/ *b. accused performed the act of cunnilingus.The Right Against Abuse 227 *E. the perpetrators shall be prosecuted under Article 55E. for rape or lascivious conduct. disco. bar. *+. Still clad in her swimsuit then. . She backed away saying <>andidiri ako< but accused kept on saying <5uwag mong lagyan ng malisya<. of Act <o/ 5+1E. Based on the records of the said case. resort. for rape and Article 55. Those (ho commit the act of sexual intercourse of lascivious conduct (ith a child exploited in prostitution or sub. after a practice swim at the university pool in Baker?s 5all. )ccused then asked her to stand up and told her to simply pretend that he was her boyfriend and thereupon accused removed the right cap of her brassiere and licked her right breast while touching her vagina at the same time. Kprivate complainantL proceeded to the bath house to shower and dress up. as the case ma' be) Provided. 'ears of age shall be reclusion temporal in its medium periodD and *c. 3os BaJos.). That (hen the victims is under t(elve *1$.). at around . Those (ho derive profit or advantage therefrom. 9hen the accused came back. That the penalt' for lascivious conduct (hen the victim is under t(elve *1$. )ccused then went outside while she undressed and wrapped a towel around her body.in the case of People of the Philippines vs/ Ernesto ?arin ' 6ondad$% and granted the victim the full vindication and protection that (. accused again ordered her to undress to allow him to shave her pubic hair which he allegedly noticed was showing.!. 3os BaJos and trainorAswimming instructor of private complainant.0.//+.. She was then told to lie down but she sat down instead and again accused performed the act of cunnilingus on her as she 37 G. place of entertainment or establishment serving as a cover or (hich engages in prostitution in addition to the activit' for (hich the license has been issued to said establishment/” The Supreme Court applied (. . the Revised Penal Code. (hether as manager or o(ner of the establishment (here the prostitution ta2es place. who is a public employee of the 4. as amended.*. followed and then instructed her to remove the towel wrapped around her. he asked her to sit down while he took a s@uatting position in front of her holding on to a shaving instrumentC but instead of shaving her pubic hair as he committed to do. or of the sauna. on )pril . paragraph 5.. 4nknown to her.B-. /! Bctober *.. accused.accords to the helpless sector of society. 'ears of age. 4.ect to other sexual abuseD Provided. *+. &o.:.

8uring the trial. The next day. bothered and terribly upset with what happened and accused replied <)ko rin. She was then brought to 8r. She told her mother about her decision as she narrated what the accused actually did to her.-. )ccused then told her to stand up as he pulled down his shorts and forced her to hold and s@uee=e his penis saying <if your boyfriend will do this.m.1% are as follo(s) . appear in court and announce to the whole world that she was sexually abused. 0 %b& of (. The trial court found the testimony of the private complainant worthy of full faith and credence. >ectarina (abor'7elli=ar and thereafter in the company of her parents.). The trial court also found that the defense failed to prove ill motive on the part of the private complainant and to overcome the evidence adduced by the prosecution n support of his appeal. 5e alleged that on the day in @uestion. there were around seven %*& people in the pool and that private complainant was not alone as she was with a classmate until 0B.of R/A/ F.< and forced her to kiss him on the right cheek and on the lips. ?huwag mo itong ipapasok sa katawan ko<?. t reasoned that. Article --. the accused even accompanied private complainant to the boarding area in the company of two %"& other girls and a security guard. 9hen the classmate left. just tell him. undergo medical examination. accused denied committing the alleged acts. she experienced a nightmare about rape and she then decided to @uit swimming. The Supreme Court held thatE 1The elements of the offense penaliCed under :ection E. Thereafter. *+. 2n the night after the incident. a young girl like her will not fabricate a story. went to the >ational Bureau of nvestigation where she filed her complaint. accused left after instructing her to shave her pubic hair. she went to see the accused to return a book and there she told him that she was confused. 5indi ako nakatulog kagabi at para mawala ang kaba mo. halik ang kailangan. accused alleged that the lower court erred in finding him guilty of violation of Sec. unless motivated by a genuine desire to seek justice. when they dressed up.228 The Right Against Abuse repeatedly said <>andidiri ako<.0 p.

H(ho for mone' or profitH/ . PRI0-T.ected to other sexual abuse/ The child.1%. to cover a situation (here the minor ma' have been coerced or intimidated into this lascivious conduct. 4r/ President. profit. is belo( 1+ 'ears of age/ A child is deemed exploited in prostitution or sub. neglect. onl' for mone' or profit/ . IR A<A IT7ER CI<:-DERAT-I< IR D9E TI T7E CIERC-I< IR -<0?9E<CE I0 A<A AD9?T. 4r/ President.am contending. because (e are still tal2ing of the child (ho is being misused for sexual purposes either for mone' or for consideration/ #hat . :A<D-CATE IR 8RI9P -<D9?8E. exploitation or discrimination because of their age or mental disabilit' or condition/G -t must be noted that the la( covers not onl' a situation in (hich a child is abused for profit. that there ma' be situations (here the child ma' not have been used for profit or / / / &he President Pro &empore) .(ould li2e to amend this. through coercion or intimidation. (hen the child indulges in sexual intercourse or lascivious conduct *a. cruelt'. but also other forms of sexual abuse of children/ This is clear from the deliberations of the :enate) G enator Angara) . not necessaril' for mone' or profit. no/ <ot necessaril'.am tr'ing to cover is the other consideration/ 6ecause. it is limited onl' to the child being abused or misused for sexual purposes. s'ndicate or group/ 9nder RA F. the essence of (hich is profit. (hether male or female. under the coercion or influence of an' adult. for mone'.refer to line B.have is something li2e this) #7I 0IR 4I<EA. et cetera/ &he President Pro &empore) .The Right Against Abuse 229 1/ $/ 5/ The accused commits the act of sexual intercourse or lascivious conduct/ The said act is performed (ith a child exploited in prostitution or sub.see/ That (ould mean also changing the subtitle of :ection &/ #ill it no longer be child prostitutionJ enator Angara) <o. the foregoing provision penaliCes not onl' child prostitution. 4r/ President. or an' other considerationD or *b. children are Gpersons belo( eighteen 'ears of age or those unable to full' ta2e care of themselves or protect themselves from abuse. here. engages in an' lascivious conduct/ 7ence. but also one in (hich a child.ected to other sexual abuse. so that (e can cover those situations and not leave loophole in this section/ The proposal .

the amendment is approved/ x x x/ The defense argues that there is no proof or allegation that complainant indulged in lascivious conduct (ith the accused! appellant for mone'. it is no longer prostitution/ 6ecause the essence of prostitution is profit/ enator Angara) #ell.ectionJ L:ilenceM 7earing none. 4r/ President. #7I 0IR 4I<EA. the 8entlemen is right/ 4a'be the heading ought to be expanded/ 6ut. profit or an' other considerationD or Gthat she (as Hcoerced or influencedH b' accused!appellant Hto indulge in lascivious conduct/H The argument is untenable/ That accused!appellant sexuall' abused Carla ?enore Calumpang. shall (e change that . GChild ProstitutionG. 4r/ President) 4-<IR:.1%. the 7o( about the title. 4r/ President/ &he President Pro &empore) :ub. #7ET7ER 4A?E IR 0E4A?E. to cover the expanded scope/ &he President Pro &empore) -s that not (hat (e (ould call probable Hchild abuseHJ enator Angara) Aes. :A<D-CATE IR 8RI9P -<D9?8E -< :EK9A? -<TERCI9R:E.ectionJ amendment is approved/ tooJ enator Angara) Aes. PRI0-T. the President (ill agree that that is a form or manner of child abuse/ &he President Pro &empore) #hat does the :ponsor sa'J #ill the 8entleman 2indl' restate the amendmentJ A<8ARA A4E<D4E<T enator Angara) The ne( section (ill read something li2e this. IR A<A IT7ER CI<:-DERAT-I< IR -<0?9E<CE I0 A<A AD9?T. 4r/ President/ &he President Pro &empore) -s there an' ob. et cetera/ enator 'ina) -t is accepted. in violation of RA F.230 The Right Against Abuse :o.ect to re(ording/ -s there an' ob. still. (as dul' alleged in the -nformation and proven during the trial/ L:ilenceM 7earing none.

lascivious exhibition of the genitals or pubic area of a person/G -n this case.ect into the genitalia. harass. under the Revised Penal Code/ . did then and there. an inn. motel. in the proper case. vessel. humiliate. performing the le(d act of cunnilingus on her. vehicle or an' other hidden or secluded area under circumstances (hich (ould lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse/ There is also an attempt to commit child prostitution. either directl' or through clothing. health club and other similar establishments/ A penalt' lo(er b' t(o *$. of an' person. lic2ed her breast. performed cunnilingus on her. under paragraph *b. or arouse or gratif' the sexual desire of an' person. $F defines lascivious conduct as follo(s) GLTMhe intentional touching. (hether of the same or opposite sex. (ith an intent to abuse.The Right Against Abuse 231 The -nformation clearl' states) Gx x x LTMhe above!named accused. accused!appellant shaved the pubic hair of the victim. a mere child/ The Court finds no . degrees than that prescribed for the consummated felon' under :ection E hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act.of the -mplementing Rules and Regulations of RA F. or the introduction of an' ob. groin. touched her genitalia.1%. lic2ing her breasts. hereof (hen an' person (ho. unla(full' and feloniousl'. bestialit'. masturbation. x x x b' ta2ing advantage of his authorit'. 1 There is an attempt to commit child prostitution under :ection E. inner thigh. anus or mouth. influence and moral ascendanc' as trainor@s(imming instructor of minor CAR?A ?E<IRE CA?94PA<8. :ection 5$. (illfull'. forcing her to hold and s3ueeCe his penisD and forcibl' 2issing her on the chee2s and lips x x x/G *Emphasis supplied/. paragraph *a. is found alone (ith the said child inside the room or cubicle of a house. hotel. breast. anus. or buttoc2s.ustification for ?arinHs conduct/” On the Attempt to Commit Child Prostitution Section + statesE #Attempt &o Commit Child Prostitution. Article K--. and through moral compulsion. commit lascivious conduct against the person of said minor Carla ?enore Calumpang b' shaving her pubic hair. and forced her to hold his sexual organ/ These actions cannot be brushed aside as innocentD rather. the' manifest sexual perversit' and le(d intentions/ ?arin (as the s(imming instructor or trainor of Carla. not being a relative of a child. degrade. of the genitalia. apartelle or other similar establishments. or. pension house. massage clinic. of :ection E hereof (hen an' person is receiving services from a child in a sauna parlor or bath.

who were lured to prostitution by circumstances not of their own making.). 2The 7onvention on the 0ights of the 7hild and the Philippine 4egal System. *+. . among others. !!.broadened the scope of child prostitution and provided stiffer penalties. the law is specific and punishes. 0. penali=es the prostitutes themselves who are defined as women who habitually indulge in sexual intercourse or lascivious conduct for money or profit.3"" otherwise $nown as 2The +uvenile +ustice and >elfare )ct of -//1. !ersons who make a business out of prostitution are guilty of 9hite Slave Trade penali=ed under )rticle #. male and female are covered. The (evised !enal Code.!.of the (evised !enal Code on Corruption of Hinors. t provides a penalty of prision ma'or for any person who shall promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another.). whether male or female..-. ) mere proposal consummates the offense. this no longer holds true.6 38 ... The law now defines child prostitution as any activity whereby children. The law does not specify any gender hence. 40 Section :. were considered as criminals.. (.(eali=ing the need to look into the psychosocial make'up of the child prostitutes and to deter the activity of child prostitution. Children. indulge in sexual intercourse or lascivious conduct for profit or any other consideration due to coercion or influence of any adult.232 The Right Against Abuse !rior to the passage of (.#/ 5owever. of the (evised !enal Code. then..#.6 *. child prostitution is punished under )rticle #. 7or if the prostitute is below eighteen years of age. 39 Ibid. likewise. The law does not penali=e those involved in child prostitution and it did not categorically exempt the child prostitutes from being prosecuted under the (evised !enal 7andelaria. *+. The crime carries with it the penalty of prision correctional in its medium and maximum period.). p. sheAhe shall now be exempt from the crime of prostitution under Section "-" of the (evised !enal Code. This time. the enlistment of the services of women for the purpose of prostitution.

* 13. hospitals. of mendicancy under Presidential 5ecree &o. of () *+.ustification from the childHs parents or legal guardianD *b.6 *. nurse.!. ). da'!care centers.. degrees than that prescribed for the consummated felon' under :ection F hereof shall be imposed upon the principals of the attempt to commit child traffic2ing under this Act/ 7andelaria. local civil registrar or an' other person simulates birth for the purpose of child traffic2ingD or *d. or barter. shall suffer the penalt' of reclusion temporal to reclusion perpetua/ The penalt' shall be imposed in its maximum period (hen the victim is under t(elve *1$. 'ears of age/ ec..-. !!.. the child prostitute under (epublic )ct /#. or for an' other consideration. 42 Section : of 0. But as stated above. 1 An' person (ho shall engage in trading and dealing (ith children including. nurseries. #hen a person engages in the act of finding children among lo(!income families. or other child!during institutions (ho can be offered for the purpose of child traffic2ing/ A penalt' lo(er t(o *$. %. establishment or child!caring institution recruits (omen or couples to bear children for the purpose of child traffic2ingD or *c. #hen a doctor. the act of bu'ing and selling of a child for mone'. and sniffing of rugby under Presidential 5ecree &o..The Right Against Abuse 233 Code. can no longer be held criminally liable for said prostitution.3"" providesA 2Bffenses &ot )pplicable to 7hildren. p. *1*. clinics..of the 0evised Penal 7ode. mid(ife. #hen a child travels alone to a foreign countr' (ithout valid reason therefor and (ithout clearance issued b' the Department of :ocial #elfare and Development or (ritten permit or . hospital or clinic official or emplo'ee.. 1 There is an attempt to commit child traffic2ing under :ection F of this Act) *a. E Persons below eighteen ?*:@ years of age shall be e'empt from prosecution for the crime of vagrancy and prostitution under Section -/. agenc'. but not limited to. Attempt to Commit Child &raffic(ing. that said persons shall undergo appropriate counseling and treatment program. Child &raffic(ing. such prosecution being inconsistent with the %nited &ations 7onvention on the 0ights of the 7hild< Provided. . #hen a person.6 41 ." On Child &raffic(ing and Attempt to Commit Child &raffic(ing Section * and . 2The 7onvention on the 0ights of the 7hild and the Philippine 4egal System.). provideE ec.

the penalt' shall be imposed in its maximum period/ An' ascendant.. 1 An' person (ho shall hire. emplo'. maga=ines and other forms of media. act. appeals to the prurient interest and if it depicts in a patently offensive way sexual conduct and if the work taken as a whole lacks serious literary. use. p. *-/. 7onventions and 7ovenants. O"scene Pu"lications and Indecent ho*s. 43 .!.6 7entennial 8dition. immorality and indecency in live shows.0 Pangalangan. whether a member of the said institution or a stranger. +. . in exchange for a sum or any consideration.ilipino 7hildren< ) 7ompendium of Philippine 4aws and International 5eclarations.. would find that the work taken as a whole.*. are guilty of child trafficking. school personnelAteachers who give up their students or the students who give up their classmate to another. sub.# By this definition. movie or sho( or in an' other acts covered b' this section shall suffer the penalt' of prision ma'or in its medium period/ Child !ornography refers to the use. 'ears of age. movies. 24oo$ing after . or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalt' of prision ma'or in its medium period/ -f the child used as a performer. and includes the act of buying or selling a child.234 The Right Against Abuse Child trafficking is trading or dealing in children. 44 7andelaria...:. artistic. exhibition and depiction of children as mere objects of obscenity. guardian.ect or seller@distributor is belo( t(elve *1$. as well as the person who pays for the child. newspapers. 2The 7onvention on the 0ights of the 7hild and the Philippine 4egal System.6 *. 45 23lac$(s 4aw 5ictionary. (hether live or in video. applying contemporary standards.6 *.. political or scientific value.. television. Haterial is pornographic or obscene if the average person. scene. p. or person entrusted in an' capacit' (ith the care of a child (ho shall cause and@or allo( such child to be emplo'ed or to participate in an obscene pla'. *. On O"scene Pu"lications and Indecent ho*s Section / statesE ec. !!. persuade. induce or coerce a child to perform in obscene exhibitions and indecent sho(s.

pension house. motel. 6eg or use begging as a means of livingD *$.oint. drin2 or other(ise. (hether for occupanc'. local custom and tradition or acts in the performance of a social.Cruelt.D Provided. hotel. a fine of not less than 0ift' thousand pesos *PE%. o(ner. cabaret. Other Acts of . 'ears or under or (ho in ten *1%.%%%. An' person.The Right Against Abuse 235 Others Acts of .%%%. An' person (ho shall induce. Act as conduit or middlemen in drug traffic2ing or pushingD or *5.Cruelt. coerce.A"use.statesE ec.. manager or one entrusted (ith the operation of an' public or private place of accommodation. and the loss of the license to operate such a place or establishment/ *e. Conduct an' illegal activities. shall suffer the penalt' of prision correccional in its medium period to reclusion perpetua/ . xxx *b. deliver or offer a minor to an' one prohibited b' this Act to 2eep or have in his compan' a minor as provided in the preceding paragraph shall suffer the penalt' of prision ma'or in its medium period and a fine of not less than 0ort' thousand pesos *P&%.%%%. or /!ploitation Section . sauna or massage parlor. food. or /!ploitation and Other Conditions Pre2udicial to the Child3s De4elopment. That this provision shall not appl' to an' person (ho is related (ithin the fourth degree of consanguinit' or affinit' or an' bond recogniCed b' la(. 01.) Provided. force or intimidate a street child or an' other child to) *1. That should the perpetrator be an ascendant.eglect. An' person (ho shall 2eep or have in his compan' a minor. 5 *a. moral or legal dut'/ *c. 'ears or more his . stepparent or guardian of the minor. An' person (ho shall use.eglect..unior in an' public or private place. ho(ever. the penalt' to be imposed shall be prision ma'or in its maximum period. beach and@or other tourist resort or similar places shall suffer the penalt' of prision ma'or in its maximum period and a fine of not less than 0ift' thousand pesos *PE%. discothe3ue. including residential places.A"use. beer . and the loss of parental authorit' over the minor/ *d..%%%. t(elve *1$. (ho allo(s an' person to ta2e along (ith him to such place or places an' minor herein described shall be imposed a penalt' of prision ma'or in its medium period and a fine of not less than 0ift' thousand pesos *PE%.

The law therefore creates a presumption that the adult intended or have actually committed sexual abuse against the child heAshe is found with in said places. Aggra4ation of the Degree of Crime Committes 7or purposes of this )ct. 9hether or not the adult %i. discothe@ue. respectively. school administrator. the penalty for the commission of acts punishable under )rticles ". The penalty for the commission of acts punishable under )rticle ##*. homicide. shall be one %. hotel. #. the teacher.e.. "+"./. etc.. and serious physical injuries.. motel. corruption of minors. The victim of the acts committed under this section shall be entrusted to the care of the 8epartment of Social 9elfare and 8evelopment. and "+#. ##/. beach andAor other tourist resort or similar places x x x..-& years or more hisAher junior in any of those places enumerated may be prosecuted and found guilty of the crime. the (evised !enal Code.. other intentional mutilation. cabaret.."& years of age. shall be reclusion perpetua when the victim is under twelve %. beer joint. as amended.-& years or more his junior in any public or private place. for the crimes of murder. by common knowledge or experience. persons indulge in some illicit or immoral sexual pleasure. respectively.236 The Right Against Abuse t is significant to point out herein that the above provision may hold any adult or person of age criminally liable for just keeping or having in hisAher company 1x x x a minor.0. acts of lasciviousness with the consent of the offended party. of )ct >o."& years or under or who is ten %. #. . sauna or massage parlor."& years age.& actually committed any overt act of child abuse is irrelevant because the law penali=es himAher already for just keeping or having in hisAher company a child in said places where. twelve %. of )ct >o.& degree higher than that imposed by law when the victim is under twelve %. who may well be a teacher. for the crimes of @ualified seduction. as amended.. a school administrator or any person in charge with the special parental authority and responsibility of students who is found to be keeping or in the company of a pupil twelve %. the (evised !enal Code.and #. #. paragraph . ".: This clearly provides that an adult. pension house."& years or under or is ten %.0. paragraph ". and white slave trade.

//0 . Schools.ect xxx institution xxx (ho fails to ma2e such report to a fine xxx/” The (ules and (egulations on the (eporting and nvestigation of Child )buse cases issued by the 8epartment of Social 9elfare and 8evelopment mandatesE ection $. to the D:#D. clinic and other institutions xxx shall (ithin fort'!eight hours from 2no(ledge of the case. to the police or other la( enforcement agenc' or to a 6aranga' Council for the protection of children/” 7urthermore.The Right Against Abuse 237 "ut' of the School to Report Cases of Child Abuse >otwithstanding the passage of *+. report in (riting to the cit' or provincial fiscal or to the ?ocal Council for the Protection of Children or to the nearest unit of the Department of :ocial #elfare. Reporting.iolence Against -o#en and Their Children Act of .-. exercising parental authority and responsibility must be obliged to report to the proper authorities any cases of child abuse against any of their students that may be brought to their attention. incidence of child abuse has not really been effectively abated. schools may actually initiate a formal complaint on cases of unlawful acts committed against children considering that )rticle M . either orall' or in (riting. Section "* authori=es representatives of licensed child' caring institution or 1at least three %#& concerned responsible citi=ens where the violation occurred. A person (ho learns of facts or circumstances that give rise to the belief that a child has suffered abuse ma' report the same. +-#. The Anti+. 2ne of the principal reasons is failure of persons concerned to actually report cases of alleged child abuse. an' case of a maltreated or abused child xxx/ "iolation of this provision shall sub.: t cannot be gainsaid that the school administratorsAteachers are responsible persons for the welfare of the student'children enrolled in their school by virtue of the parental authority and responsibility as mandated by the 7amily Code. provides thatE Report of maltreated or abused child/ All hospitals. )rticle . II.++ of !residential 8ecree >o. otherwise known as the Child and Douth 9elfare Code.

sexual.0. assault. &o.-1-.:. within or without the family abode. *3 . 31:.: 4nder the above definition. +anuary * . /"+" is more particularly known as 1The )nti' Niolence )gainst 9omen and Their Children )ct of "--. -//". at most. 5ence. whether legitimate or illegitimate. battery. . or against her child. even though there is an affidavit of desistance filed by the alleged victim.+ is a 1scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. /"+" was enacted in order to provide for a special law which would penali=e as a public offense the act of violence against women and their children. (. or with whom he has a common child.:*. or economic abuse including threats of such acts.). or against a woman with whom the person has or had a sexual or dating relationship. harassment or arbitrary deprivation of liberty. this law was enacted to acknowledge the existence of the concept of a 1battered woman. it is the duty of the public prosecutor to bring the criminal proceedings for the punishment of the guilty.: By way of introduction.). 0) ... coercion. former wife.: The 1Battered 9oman Syndrome %B9S&. only the civil liability will be extinguished by such desistance but not the criminal liability. Section 3 ?c@. Section # of (. and even where the offended party has expressly waived indemnification.238 The Right Against Abuse (epublic )ct >o.:which was discussed thoroughly in the case of People vs/ 4arivic 8enosa. /"+" defines violence against (omen and their children” as 1any act or series of acts committed by any person against a woman who is his wife.* Considering that it is the declared policy of the State to value the dignity of women and children and to guarantee full respect for human rights. which result in or is likely to result in physical. 48 1 Phil. et al/&+ the Court ruled that a public criminal action which has for its object the prosecution and punishment of the offender is not extinguished by any compromise as to the civil liability. psychological harm or suffering. the following are the persons covered by the mantle of protection by the lawB 46 47 G. a judge cannot just dismiss the case on that basis because. n 9/:/ v/ ?eaNo. for the reason that it is to the social and public interest that every crime should be punished.

or romantic involvement with each other over time and on a continuing basis. the law punishing child abuse. 49 . t includes.-/:.Traffic$ing in Persons )ct6 and 0) . 2The =iolence )gainst >omen and their 7hildren )ct6 and Implementing 0ules and 0egulations6 -// edition. treating a woman or her child as a sex object. ) Odating relationship$ means living together as husband and wife without benefit of marriage. forcing herAhim to watch )Fuino.& physical violenceC %"& sexual violenceC %#& psychological violenceC and %. physically attacking the sexual parts of the victim?s body. iii. p. committed against a woman or her child.. t must be noted that if the child is the offender$s own and not that of the woman. he %the offender& should be prosecuted under the provisions of (. i. 9hether legitimate or illegitimateC iv. sexual harassment.-. making demeaning and sexually suggestive remarks. %.The Right Against Abuse 239 %a& ) womanE i. OSexual relation$ on the other hand refers to a single sexual act whether or not resulting in a common child. 0anhilio 7allangan< 2The 4egal Protection of =ulnerable Sectors< ) Guide to 0) . %b& ) child of any woman mentioned aboveE ii./ These women and their children are protected against four %. namelyB %. *+.& economic abuse. 2The )nti. 2ne with whom the offender has a common child. but is not limited toB a& rape.-1-. but cannot be prosecuted under this law. ii. acts of lasciviousness.& <!hysical Niolence< refers to acts that include bodily or physical harmC %"& <Sexual violence< refers to an act which is sexual in nature.& classes of acts. The wife of the offenderC 5is former wifeC 2ne with whom the offender has had a dating or sexual relationship.*3*. 9hether living in the family abode or not.).

serious and moral grounds as defined in )rticle *# of the 7amily CodeC b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal.). The crime of violence . damage to property.240 The Right Against Abuse obscene publications and indecent shows or forcing the woman or her child to do indecent acts andAor make films thereof. physical or other harm or threat of physical or other harm or coercionC c& !rostituting the woman or child. or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody andAor visitation of common children. %. sexual or psychological abuse of a member of the family to which the victim belongs. Horeover. t includes causing or allowing the victim to witness the physical. but is not limited to the followingB a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession. except in cases wherein the other spouseApartner objects on valid. public ridicule or humiliation. occupation. business or activity. threat of force.& <6conomic abuse< refers to acts that make or attempt to make a woman financially dependent which includes. %#& <!sychological violence< refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation. /"+" provides for an enumeration of the acts of which the accused may be charged. Section 0 of (. stalking. community or property owned in commonC c) destroying household propertyC d) controlling the victims? own money or properties or solely controlling the conjugal money or properties. forcing the wife and mistressAlover to live in the conjugal home or sleep together in the same room with the abuserC b& acts causing or attempting to cause the victim to engage in any sexual activity by force. repeated verbal abuse and marital infidelity. harassment.

but not limited to. or solely controlling the conjugal or common money. or through . physical or other harm or threat of physical or other harm.& !reventing the woman from engaging in any legitimate profession. physical harm. or intimidation directed against the woman or child. business or activity or controlling the victim?s own money or properties. or attempting to restrict or restricting the woman?s or her child?s freedom of movement or conduct by force or threat of force. This shall include. or propertiesC %f& nflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisionsC %g& Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. by force or threat of force. or deliberately providing the woman?s children insufficient financial supportC #& 8epriving or threatening to deprive the woman or her child of a legal rightC . occupation.The Right Against Abuse 241 against women and their children is committed through any of the following actsB %a& Causing physical harm to the woman or her childC %b& Threatening to cause the woman or her child physical harmC %c& )ttempting to cause the woman or her child physical harmC %d& !lacing the woman or her child in fear of imminent physical harmC %e& )ttempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in.& Threatening to deprive or actually depriving the woman or her child of custody to herAhis family "& 8epriving or threatening to deprive the woman or her children of financial support legally due her or her family. the following acts committed with the purpose or effect of controlling or restricting the woman?s or her child?s movement or conductB .

Frabbed. but not be limited to. pushed.242 The Right Against Abuse intimidation directed against the woman or her child or herAhis immediate familyC %h& 6ngaging in purposeful. that alarms or causes substantial emotional or psychological distress to the woman or her child. repeated verbal and emotional abuse. Slapped g.& 8estroying the property and personal belongings or inflicting harm to animals or pets of the woman or her childC and 0& 6ngaging in any form of harassment or violenceC %i& Causing mental or emotional anguish. Causing physical harm to the woman or her child. Beat i. personally or through another. or reckless conduct. .of the acts of which the accused may be chargedB Categor' Ph'sical har# Predicate acts ..*"/. 9restled h. !unched f. 8ragged d. Picked e. pp. 0. To be more specific. including. the following actsB . aL )*ert act1s2 against the offended part' a. Boxing b.. a matrix 0. This shall include. and denial of financial support or custody of minor children or access to the woman?s childAchildren. Burned 50 Ibid. public ridicule or humiliation to the woman or her child. but not limited to. shoved to the floor or to the ground c.& Stalking or following the woman or her child in public or private placesC "& !eering in the window or lingering outside the residence of the woman or her childC #& 6ntering or remaining in the dwelling or on the property of the woman or her child against herAhis willC . knowing.*3 . KSec.

Strangled o. Threatening to cause the woman or her child physical harm. (an over l. K:ec/ E. 7orcing herAhim to watch obscene publications and indecent shows g. given the emotional or ps'chological disposition of the victim deliberatel' put in her or her child in fear of imminent ph'sical harm/ a. bL #..& rapeC %"& oral sexC %#& anal sexC and %. down the stairs. wall. )cts of lasciviousness c. her child. Threw at @. threat of force.The Right Against Abuse 243 j. !lacing the woman or her child in fear of imminent physical harm. etc. . or through intimidation directed against the woman. door. or the woman$s or child$s immediate family. Threw against the car. Shot m. Haking demeaning and sexually suggestive remarks e. )ttempting to cause the woman or child physical harm. !oisoned k. K:ec/ E. physical harm. Sexual harassment b. 1Checklist for Clerk of Court:L ". K:ec/ E. !hysically attacking the sexual parts of the victim$s body f. p. njuries resulting from sexual assaultB %. 7orcing the woman or her child to do indecent acts andAor make Se!ual *iolence Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape by force.& other degrading and injurious forms of sexual congress Kcf. cL . dL <ote) the issue of fact to be resolved is (hether or not the accused said or did an'thing that (ould have put a reasonable person in fear of imminent ph'sical harm IR (hether the accused said or did an'thing that. Treating a woman or her child as a sex object d. Stabbed n.

. fL . e/ 1 to &L. or solely controlling the conjugal or common money or properties. occupation. Causing or attempting to cause the victim to engage in any sexual activity by force. 0. )cts committed for the purpose of controlling or restricting the woman$s or child$s movement or conduct. nflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. 0. business or activity or controlling the victim$s own money or properties. 8epriving or threatening to deprive the woman or her child of a legal right.. Threatening to deprive or actually depriving the woman or her child of custody to herAhis family. eL #. or intimidation directed against the woman or child. !rostituting the woman or the child. . ".244 The Right Against Abuse KSec. 6ngaging in purposeful. )ttempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to engage in. 7orcing the wife and mistressAlover to live in the conjugal home or sleep together in the same room with the abuse i. Ps'chological *iolence . personally or through another that alarms or causes substantial emotional or psychological distress #. physical or other harm or coercionC j. . gL films thereof h. 8epriving or threatening to deprive the woman or her children of financial support legally due her or her family or deliberately providing the woman$s children insufficient financial support. KSec. KSec. !reventing the woman in engaging in any legitimate profession. knowing or reckless conduct. threat of force. physical or other harm. )ttempting to restrict or restricting the woman$s or her child$s freedom of movement or conduct by force or threat of force... . K:ec/ E. 0. ".

6ngaging in any form of harassment or violence. 1 to EL 0. KSec. hL 6xamplesB Threatened or attempted suicide or self' mutilation for the !4(!2S6 of controlling behavior. 8enying any relation to the offended partyC e. 6ntering or remaining in the dwelling or on the property of the woman or her child against herAhis willC . Stalking. 0. Belittling. 8enying woman custody minor children or access to woman$s child children. tL the of the or . )nnoyed and molested the offended !arty. berating. KSec.” RuleMC +. !eering in the window or lingering outside the residence of the woman or her child. K:ec/ E. public ridicule or humiliation to the woman or her child. 0. Causing mental or emotional anguish. . K1Chec2list for Cler2 of Court. (epeated verbal and emotional abuse.. )vowing loss of affection and desire to be rid of the offended partyC d.The Right Against Abuse 245 to the woman or her child. 8estroying the property and personal belongings or inflicting harm to animals or pets of the woman or her childC 0. h. or following the woman or her child in public or private places. cursing and insulting the victimC b.. a. 0. #. ". Calling the victim vile or indecent names in the presence of othersC c.

/"+" are significant in cases where a teacher and a student maintain a romantic or sexual relationship. teacher and student or assistant. Sei=ing and withholding possession of the offender party. or extracurricular authority over the other party. mentor and trainee. There are special problems in any romantic or sexual relationship between individuals where one party possesses direct academic. promote. KSec. 9here a party has the ability to grade. teaching assistant and student. L Chec2list for Cler2 of Court. such relationships may undermine the real or perceived integrity of the supervision and evaluation provided. 0. the provisions of (. advance.246 The Right Against Abuse Econo#ic abuse 8enial of financial support. harassment and bias. ) uni@ue problem occurs when a consensual relationship takes place between a teacher and a student and the student is enrolled in one of the teacher?s courses. t should be noted that the relationship between teacher and student is central to the academic mission of the school. There are numerous ways in which a consensual romantic or sexual relationship can create problems within the school community.). but are not limited to. or when the student is likely to be enrolled in such course in the future. recommend. favoritism. Because of the potential for conflict of interest. Cutting of all financial allowances to the offender partyC b. or otherwise influence the employment or academic status of another. Such positions include. counseling. and the individuals who supervise the day'to'day student living environment and student residents. Consensual relations between teacher and student can adversely affect the academic enterprise. Such relationships are of fundamental concern because of the ethical and administrative problems they can pose. tL a.” RuleL n the school setting. coach and athlete. exploitation. and the trust inherent particularly in the teacher'student context. 5ence. 7or exampleB • 9hat seems to be consensual to the party in the position of authority may well be unwelcome or coercive from the perspective of the other party. evaluative. advisor and advisee. that person . no non'academic or personal ties should be allowed to interfere with the integrity of the teacher' student relationship.

no school employee should exercise any academic. • There is also a serious risk that either party may exploit the other. -ho 3a' 4ile the Co#plaint5 . The relationship can cause problems for both parties and harm the academic environment in the school. thus creating an atmosphere of suspicion and resentment among others who think that person is obtaining undeserved benefits. and therefore are expected to maintain at all times the highest level of professionalism with students. but the other person may construe that attention to be due to intellect and academic interest. There is also the risk that the person with less authority might seek out a relationship solely because of a desire to obtain some academic benefit from the relationship. Similarly. counseling or extracurricular authority over any student or employee with whom the said employee had previously been involved in a romantic or sexual relationship. Teaching professionals in particular are under a special obligation to preserve the integrity of their relationships with students. evaluative. and often the reality. • • n view of the foregoing. and conduct that was previously welcome may become unwelcome. whether or not any real or perceived authority over the student exists. teachers and other school personnel should avoid entering into or maintaining any romantic or sexual relationships with students over whom they exercise any academic. They may even consent to the relationship even though it is in fact unwelcome. !rior consent does not remove grounds for a charge based upon subse@uent unwelcome conduct. Third parties may believe that the person in authority favors the other person because of the relationship. counseling or extracurricular authority or influence. There is the appearance. The more senior person may be interested in the other person solely for sexual or romantic reasons.The Right Against Abuse 247 may fear that refusal will result in loss of academic benefit. evaluative. The circumstances may change. of a conflict of interest on the part of both parties to the relationship.

This is because the characteri=ation of violence against women and their children as a 1public offense: does not limit the filing of the complaint by the victim only.ootnote "!.*33.M. /". 53 Ibid to .*/.0. )side from the usual criminal.-1-. 6hat is a #Protection Order78 )s defined by the law. 54 Ibid. 55 Section :. ).248 The Right Against Abuse t is interesting to note herein that a complaint for violation of this law may be filed by )>D C T Q6> having personal knowledge of the circumstances involving the commission of the crime. 00 51 52 Section . or administrative actions that may be instituted. and is resolved on the basis of preponderance of evidence only. 0ule on =iolence )gainst >omen and 7hildren. the petition for protection order is heard and decided separately..S7. Section 1. The Petition for Protection )rder 2ne of the several significant features of this law is the O!rotection 2rder$ one of the several actions that may be brought against the offender. p.-1-. 0) . 0) . 0# 6ven when a criminal case is therefore filed. . a 1protection order: is an order issued either by a barangay official or by a court for the purpose of preventing further acts of violence against a woman or her child.**. the victim cannot also terminate a criminal action against the accused by mere affidavit of desistance similar to what may be done in withdrawing a complaint already filed for any of the private crimes defined and penali=ed by the (evised !enal Code %exampleB rape&. ) school personnel therefore who ac@uires personal knowledge of circumstances involving the commission of violence against any child or woman student may bring the action in the courts of law aside from the possible administrative disciplinary charge that may be instituted against the offender if he is likewise a student or a school employee. 0.0" )nd the said petition for protection order may be filed ahead of a criminal action arising from the same act that is defined and penali=ed by this law. )s a matter of fact. the complainant may petition for the issuance of the said Oprotection order$. civil.

a teacher or school administrator the assaults against her and the priest. /". for example.+There are three %#& kinds of protection orderE 56 57 Ibid to .ootnote "!.0+ The following may apply for protection orderB • • • • • • • • The offended party !arents or guardians of the offended party )scendants. responsible citi=ens file. 59 Ibid. the re@uirement is complied with.*/.**. Section ".S7.. when.M. therapist or healthcare provider of the petitioner )t least two %"& concerned. 0ule on =iolence )gainst >omen and 7hildren. )side from preventing further acts of violence it also aims at minimi=ing any disruption in the daily life of woman and child and to facilitate the opportunity and ability to regain control of their lives. descendants or collateral relative within the fourth civil degree of consanguinity or affinity 2fficers or social workers of the 8S98 or social workers of local government units !olice officers !unong Barangay or Barangay Pagawad 3awyer. Section . counselor. 58 Ibid to . teacher. The precept on the liberal construction of the rules should be applied in determining whether or not the party who filed had the right to do so under the law.The Right Against Abuse 249 Niolation of the order constitutes a crime that is likewise punishable by the same law. ).*"3. ?o@.0/ 5ence. . whatever the relationship of the party who files the complaint with the victim. the victim confides to a priest. if at least two %"& concerned. responsible citi=ens of the place where the violence against women and their children occurred and who have personal knowledge of the offense committed0* 7rom the above. the latter should be deemed a party authori=ed by law to file the complaint and petition for protection order as a 1counselor:. 0. p.ootnote /. 60 Ibid. or school administrator in turn files a complaint in her behalf.

ootnote /. The petition for either a Temporary !rotection 2rder or the !ermanent !rotection 2rder must be filed with a 7amily Court of the place where the offended party residesC in the absence of this. 33 and 3". ) 6aranga' Protection Irder that is issued by the !unong Barangay or. 0) .-1-.0& days and is directed against acts of physical harm or the threat to cause physical harm to woman or child.-1-. 0) . . b. 0) . t is effective for fifteen %. t is effective for thirty %#-& days and is directed at all acts constituting violence against women and their children.+0 RRR 61 62 Section *". then with the (egional Trial Court or the 7irst 3evel Trial Court with territorial jurisdiction over the place of residence of the offended party.+. 64 Section *1.+.-1-. any Barangay Pagawad. Section 3-. +" t may also be issued motu proprio or on motion in the course of the hearing. in his absence. 63 Ibid to . Section* . Ibid. ) Temporar' Protection Irder that is issued by the court after ex parte determination that such order should be issued.250 The Right Against Abuse a. and may remain in place even after ac@uittal of the accused. 65 Section */. ) Permanent Protection Irder is an order issued by the court after notice and hearing.+# c.