Republic Act 7610:AN

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL

1 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

Mr. Cesar Jose Francisco 1

Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
2 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

RA 7610 An Act Providing fo forr St

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

Elements:

1) Committed against children

Who are considered children?

- Persons below 18 years of age OR

- Over 18 but are unable to fully take care of themselves or protect

themselves

2) There is abuse, neglect, cruelty, exploitation, or discrimination

Punishable Acts

1) Child Abuse- maltreatment, whether habitual or not, of the child

which includes any for the following:
a. Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
b. Any act by deeds or words which debases, degrades, or
demeans the intrinsic worth and dignity of a child as a
human being;
c. Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
d. Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.

Mr. Cesar Jose Francisco 2

Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
3 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

2) Child prostitution and other Sexual Abuse

Elements:

a. Children, whether male or female

b. For money OR profit OR any other consideration OR due to
coercion OR influence
c. Of any ADULT, SYNDICATE, or GROUP
d. Indulge in sexual intercourse or lascivious conduct

3) Attempt to Commit Child Prostitution-

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

4) Child Trafficking

Elements:

a. Any person who shall engage in

b. Trading and dealing with children including, but not limited
to, the act of buying and selling a child for money, and for
any other consideration, or barter.

5) Attempt to Commit Child Trafficking

Mr. Cesar Jose Francisco 3

Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
4 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

a. When a child travels alone to a foreign country without a

valid reason therefore and without clearance from the
DSWD or written permit or justification from the child’s
parents or legal guardian;
b. Person, agency, establishment, or child-caring institution
recruits women or couples to be children for the purpose of
child trafficking; or
c. When a doctor, hospital or clinic official or employee, nurse
midwife, local civil registrar or any other person simulates
birth for the purpose of child trafficking; or
d. When a person engages in the act of finding children among
low-income families, hospitals, clinics, nurseries, day-care
centers, or other child-caring institutions who can be offered
for the purpose of child trafficking.

6) Obscene publications and indecent shows

a. A child is employed, used, persuaded, induced, or coerced
b. To perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or
pornographic materials
c. Such materials are distributed

7) Other acts if Neglect, Abuse, Cruelty or Exploitation and other

conditions Prejudicial to the Child’s Development
a. Violation of Art. 59, PD 603
b. Keeping in his company a minor, 12 years or under or 10
years younger than the person liable, in any public or
private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach resort, etc.
c. Inducement, delivery, or offering of a minor for the above
mentioned act
d. Use, coercion, forcing, or intimidating a street child or any
other child to
Mr. Cesar Jose Francisco 4
Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
5 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

i. Beg or use begging as a means of living;

ii. Acts as conduit or middlemen in drug trafficking or
pushing; or
iii. Conduct any illegal activities

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

and the Labor Code

Penalties

Penalties for those found guilty of the crime of Child Prostitution and
Other Sexual Abuse
a. (Procurer) Reclusion Temporal (Medium) to Reclusion
Perpetua for acts described in Article III Section 5(a)
b. (Client/John) Reclusion Temporal (Medium) to Reclusion
Perpetua for the act of sexual intercourse or lascivious
conduct with a child exploited in prostitution.
- IF CHILD IS UNDER TWELVE (12) YEARS OLD.
Sexual Intercourse considered as Rape: Reclusion
Perpetua
- IF CHILD IS UNDER TWELVE (12) YEARS OLD.
Lascivious Conduct: Reclusion Temporal (Medium)
c. (Manager/Owner of Establishment) Reclusion Temporal
(Medium) to Reclusion Perpetua to those who are found to
have derived profit or advantage from child prostitution.
d. (Attempted Felonies) Attempt to commit Child Prostitution
carries with it a penalty two (2) degrees lower than the
prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Child Trafficking

a. (Procurer) Reclusion Temporal to Reclusion Perpetua to
those engage in trading and dealing with children. The

Mr. Cesar Jose Francisco 5

Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
6 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

penalty shall be applied in its Maximum period when the

victim is under twelve (12) years of age.
b. (Attempted Felony) Attempt to commit Child Trafficking
carries with it a penalty two (2) degrees lower than the
prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Obscene Publications

and Indecent Shows involving children
a. (Procurer) Reclusion Mayor (Medium) for acts described in
Article V Section 9(1)
- IF CHILD IS UNDER TWELVE (12) YEARS OLD.
Penalty shall be imposed in its Maximum period
b. (Ascendant/Guardian) Prision Mayor (Medium) to those who
are found to have caused or allowed the child to be employed
or to participate in obscene play, scene act, movie or show, or
in other acts covered by Article V Section 9.

Penalties for those found guilty of the crime of Other Acts of Abuse
involving children
a. (Parents) Prision Mayor (Minimum) for those found guilty of
Child Abuse or Neglect including those covered by Article 59
of PD No. 603 (The Child and Youth Welfare Code)
b. (Stranger) Prision Mayor (Maximum) and a fine of not less
than fifty thousand pesos (P50,000.00) shall be imposed on
one in whose company a minor either under twelve (12)
years of age, or who in ten(10) years or more is his junior is
found, in any of the places enumerated in Article VI Section
10(b), where there exists a relationship not within the fourth
degree of consanguinity or affinity, or by any bond
characterized in the same statute.
c. (Procurer) Prision Mayor (Medium) and a fine of not less
than forty thousand pesos (P40,000.00)shall be imposed on a
procurer for the violation of this Article.
Mr. Cesar Jose Francisco 6
Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
7 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

- Should the procurer be an ascendant, stepparent, or

guardian of the child: Prision Mayor (Maximum) and
a fine of not less than fifty thousand pesos
(P50,000.00)
d. (Manager/Owner of Establishment) Prision Mayor (Medium)
and a fine of not less than fifty thousand pesos (P50,000.00)
and the loss of their license to operate are imposed upon
those who are found to have derived profit or advantage from
violations of this Article.
e. (Coercion to beg and other illegal activities) Prision
Correccional (Medium) to Reclusion Perpetua shall be
imposed on those who either: coerces a child to beg as a
means of living, to act as a conduit in drug trafficking or
pushing, to conduct any illegal activity.
f. (Physical Injury) Reclusion Perpetua will be imposed on
those found guilty of the crimes of Murder, Homicide, Other
Intentional Mutilation and Serious Physical Injuries,
WHERE THE VICTIM IS UNDER TWELVE (12) YEARS
OLD.
g. (Moral and Emotional Injury) A penalty one (1) degree
higher will be imposed on those found guilty of the crimes of
Qualified Seduction, Acts of Lasciviousness with Consent,
Corruption of Minors, and White Slave Trade, WHERE THE
VICTIM IS UNDER TWELVE (12) YEARS OLD.

Sanctions for Establishments or Enterprises

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

Penalties for those found guilty of violating the Article on Working

Children
Mr. Cesar Jose Francisco 7
Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
8 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

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

Penalties for those guilty of the crime of Discrimination Against

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

Common Penal Provisions

a. (Previous Conviction) Penalties are to be imposed in their
maximum periods
b. (Juridical Personality) Penalties are to be imposed in their
maximum periods on the officer or employee of erring
corporation, partnership, or association
c. (Relationship) Penalties are to be imposed in their maximum
periods when the perpetrator is an ascendant, parent
guardian, stepparent or collateral relative within the second
degree of consanguinity or affinity, or a manager or owner of
an establishment which has no license to operate or its
license has expired or has been revoked.
d. (Foreigner) Deportation immediately after service of
sentence, and the same shall be forever barred from entering
the country.
e. (Public Officer) Penalties are to be imposed in their
maximum periods if the perpetrator is a public officer or
Mr. Cesar Jose Francisco 8
Mr. Ryan Robert Flores
 Republic Act 7610:AN
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
9 PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND
FOR OTHER PURPOSES

employee. Should the penalty be Reclusion Perpetua or

Reclusion Temporal, then the accessory penalty of perpetual
or temporary absolute disqualification shall also be imposed.
Should the penalty imposed be Prision Correccional or
Arresto Mayor, the accessory penalty of suspension shall
likewise be imposed.
f. (Fine) A fine to be determined by the court shall be imposed
and administered as a cash fund by the DSWD and the same
will be disbursed for the rehabilitation of the victim.

Remedial Procedures

Who may file a complaint?

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

Protective Custody of the Child- offended party will immediately be

placed under the custody of the DSWS

Confidentiality of offended party’s identity

Special court proceedings- RTC as Juvenile and Domestic Court;

preference to the hearing or disposition of cases involving violations of
this Act.

Mr. Cesar Jose Francisco 9

Mr. Ryan Robert Flores