Professional Documents
Culture Documents
REVIEWER
REVIEWER
DEFINITION OF TERMS:
1. CHILDREN - refers to person below eighteen (18) years
of age or
those over but are unable to fully take care of
themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition.
2. CHILD ABUSE - Refers to maltreatment, whether
habitual or not, of
the child which includes any of 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;
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
CHILD TRAFFICKING
Acts punished
1. Allowing a child to travel alone to a foreign country
2. Pregnant woman’s execution of affidavit of consent to
adoption of unborn child for consideration
3. Recruitment of women or couples for child bearing for
purposes of child trafficking
4. Simulation of birth by doctor, hospital, clinic official,
etc. for the purpose of child trafficking
5. Finding children among low-income families, hospitals
etc. to sell
NOTE: Penalty - Two (2) degree lower from the
consummated felony
3
CHILD PORNOGRAPHY AND INDECENT SHOWS AND
PUBLICATION
Acts punished
1. hire, employ, use, persuade, induce or coerce a child
to perform in obscene exhibitions and indecent shows,
whether live or in video,
2. model in obscene publications or pornographic
materials or to sell or distribute the said materials
NOTE: Penalty - Prision Mayor. If under 12 years,
maximum period
Any ascendant, guardian, or person entrusted in any
capacity with care of a child who shall cause and/or
allow such child to be employed or to participate in an
obscene play, scene, act, movie or show or in any
other acts covered by this section shall suffer the
penalty of Prision Mayor medium.
5
Sanctions for Establishments or Enterprises
1. shall be immediately closed and their authority or
license to operate cancelled, without prejudice to the
owner or manager thereof being prosecuted under this
Act and/or the Revised Penal Code, as amended, or
special laws.
2. "off limits" shall be conspicuously displayed outside
the establishments or enterprises by the Department
of Social Welfare and Development for such period
which shall not be less than one (1) year.
Employment of Children
Exceptions:
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 the parent or legal guardian shall
6
provide the said child with the prescribed primary
and/or secondary education; or
2) Where a child's employment or participation in public
entertainment or information through cinema, theater,
radio, television or other forms of media is
essential: Provided, That the employment contract is
concluded by the child's parents or legal guardian,
with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor
and Employment: Provided, further, That the following
requirements in all instances are strictly complied
with:
(a) The employer shall ensure the protection, health,
safety, morals and normal development of the
child;
(b) The employer shall institute measures to prevent
the child's exploitation or discrimination taking
into account the system and level of
remuneration, and the duration and
arrangement of working time; and
(c) The employer shall formulate and implement,
subject to the approval and supervision of
competent authorities, a continuing program for
training and skills acquisition of the child.
8
the employer shall provide a working child with access to at
least primary and secondary education.
FACTS:
AAA, seven years old, is the oldest among the children of
XXX and YYY. Quimvel was the caretaker of the ducks of
AAA's grandfather. He lived with AAA's grandparents whose
house was just a few meters away from YYY's house.
In the evening of July 18, 2007, YYY went out of the house
to buy kerosene since there was no electricity. While YYY
was away, Quimvel arrived bringing a vegetable viand from
AAA's grandfather. AAA requested Quimvel to stay with
them as she and her siblings were afraid. He agreed and
accompanied them. AAA and her siblings then went to
sleep. However, she was awakened when she felt Quimuel's
right leg on top of her body. She likewise sensed Quimvel
inserting his right hand inside her panty. In a trice, she felt
Quimvel caressing her private part. She removed his hand.
Quimvel was about to leave when YYY arrived. She asked
him what he was doing in his house. Quimvel replied that
he was just accompanying the children.
9
Later in the evening of July 29, 2007, XXX asked her
childres what they were doing while she was away. BBB told
her that Quimvel touched her Ate. When XXX asked AAA
what Quimvel did to her, she recounted that Quimvel laid
down beside her and touched her vagina.
ISSUE:
Whether or not petitioner is guilty beyond reasonable doubt
of the crime of Acts of Lasciviousness as penalized under
Sec. 5 (b) of RA 7610.
HELD:
Yes. AAA entrusted to petitioner her safety and that of her
siblings, only to be betrayed. In this situation, the Court
finds that because of the relative seniority of petitioner and
the trust reposed in him, petitioner abused the full reliance
of AAA and misused his ascendancy over the victim. These
circumstances can be equated with "intimidation" or
"influence" exerted by an adult, covered by Sec. 5(b) of RA
7610. Ergo, the element of being subjected to sexual abuse
is met.
Comment on Opinions:
ESTELA M. PERLAS-BERNABE
I concur with Associate Justice Perlas-Bernabe on her
strong argument that Section 5 (b), Article III of R.A. No.
7610 covers a situation wherein a child engages in any
lascivious conduct through coercion or intimidation, even if
such sexual abuse occurred only once.
11
EXPANDED SENIOR CITIZENS ACT
13
11. Retirement benefits of retirees from both the
government and private sector shall be regularly
reviewed to ensure their continuing responsiveness
and sustainability, and to the extent practicable and
feasible, shall be upgraded to be at par with the
current scale enjoyed by those in actual service.
12. To the extent possible, the government may grant
special discounts in special programs for senior
citizens on purchase of basic commodities, subject to
the guidelines to be issued for the purpose by the
Department of Trade and Industry (DTI) and the
Department of Agriculture (DA); and
13. Provision of express lanes for senior citizens in all
commercial and government establishments; in the
absence thereof, priority shall be given to them.
14
5. If the offender is an alien or a foreigner, he shall be
deported immediately after service of sentence without
further deportation proceedings.
6. Upon filling an appropriate complaint, and after due
notice and hearing, the proper authorities may also
cause the cancellation or revocation of the business
permit, permit to operate, franchise and other similar
privileges granted to any business entity that fails to
abide by the provisions of this Act.
UTILITY DISCOUNT
1. Five (5%) Discount - The grant of a minimum of five
percent (5%) discount relative to the monthly
utilization of water and electricity by households with
senior citizens; Provided, That the individual meters
for the foregoing utilities are registered in the name of
the senior citizen residing therein. To avail of the
discount, the senior citizen shall:
a) Apply for the discount personally or thru a
representative. There shall be annual renewal of
application to the utility provider.
b) Submit requirements.
c) Proof of age and citizenship
d) Proof of billing. Meter registration should be in
the name of the senior citizen for a period of one
year
e) Proof of residence
2. Fifty (50%) Discount - The grant of a 50% discount an
all electricity, water, telephone consumption for
DSWD-accredited senior citizens centers and
residential care institutions or group homes that are
government-run or organized and operated by non-
stock, non-profit domestic corporations. Such senior
citizens centers and residential care or group homes
must have been in operation for at least six (6) months
and must have a separate meter for said
utilities/services.
15
What are the violations in Discounted Medicine Purchases?
1. When a senior citizen or his /her representative or a
person misusing the privileges by:
a) using several purchase booklets,
b) availing of the discounts to buy medicines, drugs,
medical accessories and supplies not for the use
of the senior citizen,
c) unauthorized use of the identification card of the
senior citizen.
2. When a medical practitioner gave prescription to other
persons in the name of the senior citizen or giving
anomalous prescription.
3. When retailers and establishments dispensing
medicines by:
a) refusing to grant the full 20% senior citizens
discount and VAT exemption on drug and
medicine purchases paid via credit card
b) making a distinction between branded and
generic drugs and medicines in giving the 20%
discount
c) posting notices and signages telling customers
that availment of the 20% discount is limited to
cash purchases only
d) "limiting" of discountable drug and medicine
purchases to certain day
e) restricting the purchase time or period for senior
citizen discounts after a certain hour
FACTS:
16
Petitioner is a domestic corporation engaged in the business
of drugstore operation in the Philippines while the
respondents are government' agencies, office and bureau
tasked to monitor compliance with R.A. Nos. 9257 and 9442
as well as prosecute and revoke licenses of erring
establishments.
ISSUE:
Whether or not the 20% sales discount for senior citizens
violate the petitioner's right to equal protection of the law.
HELD:
No. To recognize all senior citizens as a group, without
distinction as to income, is a valid classification. The
Constitution itself considered the elderly as a class of their
own and deemed it a priority to address their needs. When
the Constitution declared its intention to prioritize the
predicament of the underprivileged sick, elderly, disabled,
women, and children, it did not make any reservation as to
income, race, religion or any other personal circumstances.
It was a blanket privilege afforded the group of citizens in
the enumeration in view of the vulnerability of their class.
ANTONIO T. CARPIO
Associate Justice Carpio have made a notable
argument in considering the amendment on R.A. Nos.
9257 and 9442 as an exercise of power of eminent
domain and not police power. He made a valid distinction
as to what “taking” means in police power and eminent
domain.
18
REFERENCES
20