EMILIO AGUNALDO COLLEGE

Dasmariñas, Cavite
SCHOOL OF EDUCATION

Law Related Studies

LAWS ON CHILD’S RIGHTS AND PROTECTION

CHILD ABUSE AND EXPLOITATION
1. Identify and learn the rights of children
2 .Identify the responsibilities of children to their families, their communities and their country;
3. Identify the State’s undertaking to protect them
4. Increase awareness on law on child sexual abuse (R.A No. 7610);
5. Learn what constitutes child abuse and how it is committed;
6. Know the penalties of the crime;

SIGNIFICANCE
Child Abuse and Exploitation of Women and their children are not only a national concern but a global one.
Under the 1987 Constitution, Article 15, Section 3, the State ensures the right of children to assistance including proper
care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development. This is in fact a recognition of the vulnerability and special needs of children.

SITUATIONER: FACTS ABOUT FILIPINO CHILDREN

Filipino children and education:

 For every 100 Filipino children who enter Grade 1, only 67 will graduate from elementary school. Only49 will
complete high school.
 Participation rates in public elementary schools have decreased to 90% since 2000.
 4 out of 10 children (12-15 years old) are not in school. The net enrolment ratio in public secondar y education
in 2002 was only 57%.
 The average class size across Philippine regions ranges from 33 to 50 students per class
 Only 3 out of every 10 Filipino children has early childhood education, formal or non-formal.

Filipino children and health:

 22% of children under the age of five are underweight
 There is a lack of knowledge about HIV with only 21% of the population having an understanding of what HIV is
and how it can be prevented.
 Only 70% of children are fully immunized.

Filipino children and poverty:

 26.5% of the Philippines population lives below the poverty line.
 The number of poor Filipino families has gone up from 4.36 million in 1985 to 5.14 million in 2000.

Filipino children and abuse &exploitation:

 Between 1999 and 2008 12% of Filipino children took part in child labor
 Children in the Philippines are engaged in the worst forms of child labor, particularly in agriculture, domestic
work, home based industries, prostitution ,trafficking and pornography
 Throughout urban settings in the Philippines children live and work on the streets, scavenging, begging and
engaging in other income generating activities

Filipino children and abuse &exploitation:

  Corporal punishment is illegal but still widely practiced in Filipino schools, homes and other settings
 Physical and sexual abuse of children in the Philippines is widespread and of concern

WHO IS CONSIDERED A CHILD?

 A person who is below 18 years old
 A person who is 18 or above but cannot take care of himself due to certain circumstances

RIGHTS OF EVERY FILIPINO CHILD

1. To be born.
2. To have name and nationality
3. To be free
4. To have a family who will take care of me
5. To have a good education to develop my potentials
6. To have enough food shelter, a healthy and active body
7. To be given the opportunity to play and leisure
8. To be given protection against abuse, danger and violence brought by war and conflict
8. To live in a peaceful community
9. To be defended and assisted by the govt.
10. To be able to express my views

Laws Protecting Children in the Philippines

 Philippine Constitution (1987)
 Child and Youth Welfare Code – Presidential Decree No.603 (1974)
 Special Protection of Children Against Abuse, Exploitation and Discrimination Act – R. A. No. 7610 (1992)
 Anti-Sexual Harassment Act of 1995 – R. A. No. 7877
 Anti-Rape Law of 1997 – R. A. No. 8353
 Relevant Provisions from the Revised Penal Code - Act No.3815 (1930)
 Anti-Trafficking in Persons Act of 2003 – R. A. No. 9208
 Anti-Violence Against Women and their Children Act of2004 – R.A. No. 9262
 R.A. No 9165 -Comprehensive Dangerous Drugs Act of 2002 – with respect to minor offenders
 R.A. 7658, "An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private
Undertakings" was passed into law in October, 1993, thereby restoring the erstwhile prohibition on the
employment of children below 15 years of age.
 R.A No. 9344 "Juvenile Justice and Welfare Act of2006.
 R.A. No. 9231 - AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND
AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, (2003)
 Republic Act No. 9775 AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY of 2009,
 Republic Act No. 10175 Cybercrime Prevention Act of 2012 - on Cyber Child Pornography″

IMPORTANCE OF THE CHILD

 The child is one of the most important assets of the nation. Every effort should be exerted to promote a child’s
well-being and enhance his/her opportunities for a useful and happy life.
 The child is also a citizen of our country. His/her traits and capabilities should be developed for the betterment
of society.

CHILD’S DEVELOPMENT

 The child’s character development starts at home. Each family member should try to make the home a
wholesome and harmonious place to live in. This is because whatever happens at home greatly influences the
child’s development. Attachment to the home and strong family ties should be encouraged.
 It is the right and duty of parents to raise their children. Parents should receive the aid and support of the
government in rearing the child. Other institutions should assist the home and the nation in preparing the child
 for responsible adulthood. These institutions include the school, the church, social organizations and the
community.
 Children do not grow up to be responsible adults by themselves. They need the support and guidance of the
different sectors of society. The most important institution that guides children is the family. The family,
especially parents, have duties to perform. Other institutions that have responsibilities to every child are
schools and the community. Each of these institutions must work together to guide every child. Remember that
the future of our country rests on our children.

Parents have the following duties toward their children:

 To give them affection, companionship and understanding;
 To provide them with moral guidance, instil in them self-discipline and religious instruction
 To supervise their activities, including their recreation;
 To teach them the value of thrift and self-reliance;
 To encourage them to participate in socio-civic affairs, teach them the duties of a good citizen, and develop the
commitment to one’s country;
 To advise them properly on any matter affecting their development and well-being;
 To always set a good example;
 To provide them with enough support.

The school also has duties to the child

 No child is to be refused admission in public schools.
 Public nursery and kindergarten schools should be maintained whenever possible.
 There should be special classes in every province and special schools for the physically handicapped, mentally
retarded, emotionally disturbed, and gifted children.
 School children and students should be provided with enough classrooms and facilities, including playground,
space and facilities for recreation.
 The school environment should be free from dangers to the health and safety of the children.

It should be the duty of the community to:

 Bring about a healthy environment necessary to the normal growth of children and the development of their
physical, mental and spiritual well-being;
 Help institutions of learning, whether public or private, achieve the fundamental objectives of education;
 Organize or encourage activities for the cultivation of the interests of children;
 Promote the establishment and maintenance of adequately equipped playgrounds, parks and other recreational
facilities;
 Support parent education programs by encouraging its members to attend and actively participate in them;
 Assist the government in fighting juvenile crimes and rehabilitating young lawbreakers;
 Aid in carrying out special projects for the betterment of children who live in the remote areas, belong to
cultural minorities, or are out-of-school. They should cooperate with private and public child welfare agencies in
providing care, training and protection to poor, abandoned, neglected, abused and handicapped children;
 And Barangay councils, socio-civic associations and youth associations should be developed and maintained in
the community to guide and train children in terms of education, social responsibility and care for the
environment.

SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
(REPUBLIC ACT NO. 7610)

WHAT IS CHILD ABUSE, EXLPOITATION AND DISCRIMINATION?

  Child Abuse is now defined specifically under Republic Act No. 7610 otherwise known as the SPECIAL
PROTECTION OF CHILDREN AGAINST CHILDABUSE, EXPLOITATION ANDDICRIMINATION ACT which took effect
on August 1992.
 This was passed promoting the policy of the state to protect and rehabilitate children gravely threatened and
endangered by circumstances that will affect their survival and normal development and over which they have
no control.
 CHILD ABUSE as defined in this law is a form of MALTREATMENT of the child, whether habitual or not, and
which may be committed in various forms. Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
 Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being;
 Unreasonable deprivation of his basic needs for survival, such as food and shelter;
 Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth
and development and in his permanent incapacity or death;

CHILD ABUSE (R.A. 7610)

-does not limit child abuse to offenses perpetrated by persons under whose care the victim is committed. The
definition covers all abusive acts of ANYPERSON.
CHILD ABUSE By this reason, child abuse under R.A. No. 7610 per se is not punished as distinct and separate crime but is
subsumed by ordinary crimes. Hence, sexual abuse of the father is covered under the crime of rape. The relationship of
the offender to the victim serves merely as a circumstance that aggravates the act.

PENAL LAWS
 Some forms of child abuse are punishable under the Revised Penal Code. Child battering may be punished
under Physical injuries. Sexual abuse is punished under RAPE, Acts of Lasciviousness, Rape and Seduction.
Verbal or physical assault which debase the dignity of the child may be basis for prosecution under Libel and
Slander by Deed.
 Persons in charge of the custody of children below7 years old of age who abandons him to put his life in danger
as to result in his death are guilty of abandoning a minor under Article 276 of the Revised Penal Code (RPC).
 A person upon whose care a child is entrusted, delivers said child to an institution without the consent of the
person who entrusted the child shall be guilty of Abandonment of a Minor by a Person Entrusted With His
Custody (Art.277, RPC)

OTHER FORMS OFCHILD ABUSE

Criminal Liability of Parents

1. Abandon the child under such circumstances as to deprive him of the love, care and protection he needs.
2. Neglect the education of the child or to give him the education which the family’s status permits.
3. Fails or refuses to enrol the child without justifiable grounds;
4. Causes, abates or permits the truancy of a child from school where he is enrolled. Truancy means absence without
cause for more than twenty school days, not necessarily consecutive.
5. Improperly exploit the child by using him, directly or indirectly, such as, for purposes of begging and other acts which
are inimical to his interest and welfare;
6. Inflict cruel and unusual punishment or subject him deliberately to indignation and other excessive chastisements
that
embarrass or humiliate;
7. Cause or encourage the child to lead an immoral or dissolute life;
8. Permits the child to possess handle or carry a deadly weapon regardless of ownership;
9. Allows or requires the child to drive without license or with a license which the parent knows to have been illegally
possessed.
  The acts are punishable by imprisonment from two to six months and a fine not exceeding five hundred pesos
or both at the discretion of the court.

SEXUAL ABUSE AND EXPLOITATION

Sexual Abuse
1. Where children are victims of Rape and Sexual Assault;
2. Child Prostitution, which refers to the commercial activity where children are used to offer their bodies to satisfy the
lust and desires of clients;
3. Pornography where children are used in shows, movies, prints and commercial advertisements as object of
Sex without physical contact.

RAPE as defined and punished under Article266-A and 266-B of the Revised Penal Code pursuant To R.A. No.8353.

Rape: When And How Committed.

Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances
mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1hereof, shall commit an act of sexual
assault by inserting his penis into another persons mouth or anal orifice, or any instrument or object, into the genital
or anal orifice of another person.

SEXUAL ABUSE AND EXPLOITATION PENALTY

 For Rape by sexual assault is reclusion perpetua. Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be reclusion perpetua to death. "When by reason or on
the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.
 "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty
shall be reclusion perpetua to death. "When by reason or on the occasion of the rape, homicide is committed,
the penalty shall be death.
 The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the
parent of the victim;
2) When the victim is under the custody of the police or military authorities or any law enforcement or penal
institution;
3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within
the third civil degree of consanguinity;
4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to
Be such by the offender before or at the time of the commission of the crime;
5) When the victim is a child below seven (7)years old;
6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is
Transmitted to the victim;
7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the
 Philippine National Police or any law enforcement agency or penal institution, when the offender took
advantage of his position to facilitate the commission of the crime
8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or
disability;
9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime;
10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.

SEXUAL ABUSE AND EXPLOITATION

 RAPE of children below twelve is considered Statutory Rape, even if done with consent or without using force or
intimidation. The underlying reason is children below twelve cannot give valid consent. Penalty is DEATH.
 If child is at least 12 of age and had consented to sexual intercourse with a person in public authority, an
ascendant, a descendant, a guardian, a teacher, a priest or any person who had been entrusted with the
education and custody of the child will constitute the crime of qualified seduction under Art. 337 of the Revised
Penal Code. – Reason is there is abuse of confidence and authority by reason of his relationship with the victim.
 If there is no abuse authority but there is deceit employed by the offender, he will be criminally liable for simple
seduction. The crime however can only be prosecuted if the victim is a virgin and with good reputation. Rape
under paragraph 1 may be committed only on a female except for paragraph 2 as which can be committed by
any person by inserting his penis into another persons’ mouth or anal orifice, or any instrument or object, into
the genital or anal orifice of another person.

Acts of Lasciviousness
(1) that the offender commits any act of lasciviousness or lewdness;
(2) that it is done under any of the following circumstances:
(a) by using force or intimidation;
(b) when the offended woman is deprived of reason or otherwise unconscious;
(c) when the offended party is under twelve (12) years of age.
 Acts of lasciviousness can be committed against anysex. THE crime is penalized by prison correctional. In
addition if there is consent to the act, girls below 18 but over 12 of age can file cases for acts of lasciviousness
with consent under Art. 339 of the Revised Penal Code.

CHILD PROSTITUTION

Child Prostitution as defined by R.A. No. 7610 as any activity whereby children, whether male or female, indulge in
sexual intercourse or lascivious conduct for profit or any other consideration of due to coercion or influence of any
adult. The law does not penalize those children involved in prostitution only those who exploited the children.

Who are penalized?

1. Those who promote or facilitate child prostitution.
 Acting as a procurer of a child prostitute;
 Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar
means;
 Taking advantage of influence or relationship to procure a child as a prostitute;
 Threatening or using violence towards a child to engage him as a prostitute;
 Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child
in prostitution.
2. Those who actually commit sexual intercourse with the child. Person who commits carnal knowledge with child
prostitute below 12 is guilty of RAPE. But in R.A. No. 7610, any person who engages in sexual activity with child below
18 but over 12 is prosecuted for crime of child prostitution. If no sexual intercourse, acts of lasciviousness
3. Those who derive or advantage there from. Those who promote child prostitution and those who derive profit or
Advantage there form as well as those who commit sexual activity.
4. Those who derive profit or advantage there from, whether as manager or owner of the establishment where the
prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as
a cover or which engages in prostitution in addition to the activity for which the license has been issued to said
establishment.

Child Pornography
 refers to the use, exhibition and depiction of children as mere objects o f obscenity, immorality and indecency
in live shows, movies, television, newspapers, magazines and other forms of media.
 R.A. No.7610 penalizes any person who shall hire, employ, use, persuade, induce or coerce a child to perform
in obscene exhibitions and indecent shows whether live or video, pose or model in obscene publications or
pornographic materials or to sell or distribute the said materials. The law prohibits the employment of children
as model in all commercials or advertisement promoting alcohol beverages, intoxicating drinks, tobacco and its
by products and violence.

5. Any person who shall engage in trading and dealing with children including, but not limited o, the act of buying and
selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of
age.
6. Sale of children involves the actual transfer and delivery of custody or ownership of children by the person who has
actual custody over the children into hands of another person and that the other person obligates to pay, in
exchange, a certain sum of money.

Child Trafficking – involves a more habitual trading of children whereby the buying and selling become more of a
Business venture. The trafficker is actually a middle man facilitating the barter and exchange
of children.
Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of R.A. No.7610
(a) When a child travels alone to a foreign country without valid reason therefor and without
Clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child’s parents or legal guardian;
(b)When a person, agency, establishment or child-caring institution recruits women or couples to
bear 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;
(d) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of
child trafficking.

OTHER FORMS OF CHILD ABUSE

 Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10)years
or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort or similar places. Any person who shall induce,
deliver or offer a minor to anyone prohibited by this Act to keep or have in his company a minor as provided in
the preceding paragraph
 Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor
 Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middle men in drug trafficking or pushing. For drug pushers who use minors as runners,
couriers and messengers or in any other capacity directly connected to the dangerous drugs and/or
 controlled precursors and essential chemical trade shall be imposed the maximum penalty. (Sec. 5, R.A.
9165)

CHILD LABOR Under R.A. No. 9231

 Children below fifteen (15) years of age shall not be employed except:
1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only
members of his/her family are employed:
Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals,
Nor impairs his/her normal development: Provided, further, that parent or legal guardian shall provide
the said child with the prescribed primary and/or secondary education;
 No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer
to any of the following:
(1) All forms of slavery, as defined under the "Anti-tafficking in Persons Act of2003", or practices similar to
slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory
labor, including recruitment of children for use in armed conflict
(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for
pornographic performances;
(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking
Of dangerous drugs and volatile substances prohibited under existing laws;
(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful
to the health, safety or morals of children, such that it:
a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being: or
b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically
or may prejudice morals;
c) Is performed underground, underwater or at dangerous heights;
d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive
power-
actuated tools; or
e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical
strength or contortion, or which requires the manual transport of heavy loads;
f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious
components and the like, or to extreme temperatures, noise levels, or vibrations;
g) Is performed under particularly difficult conditions:
h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other
parasites;
I) Involves the manufacture or handling of explosives and other pyrotechnic products."