R.A.
7610: AN ACT PROVIDING FOR STRONGER DETERRENCE AND
SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES
June 17, 1992
Section 3. Definition of Terms. –
(a) "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;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the
child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human
being;
(3) Unreasonable deprivation of his basic needs for survival, such
as food and shelter; or
(4) 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.
Section 5. Child Prostitution and Other Sexual Abuse.
Offended Party:
 Children, whether male or female,
 who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group,
 indulge in sexual intercourse or lascivious conduct
Offending Party
(a) Those who engage in or promote, facilitate or induce child prostitution
which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as
prostitute;
(4) Threatening or using violence towards a child to engage him as a
prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject to other sexual abuse;
Provided that:
 when the victims is under twelve (12) years of age, the perpetrators
shall be prosecuted under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended, the Revised Penal Code,
for rape or lascivious conduct, as the case may be
 the penalty for lascivious conduct when the victim is under twelve
(12) years of age shall be reclusion temporal in its medium period;
and
(c) Those who derive profit or advantage therefrom, 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.
People v. Tulagan matrix
Rape under Art. 266-A (1) (a,b,c) Sec. 5(1) of RA 7610
1. offender is a man 1. offender is a man
2. Carnal knowledge of a woman 2. Indulges in sexual intercourse with a female
child exploited in prostitution or other sexual
abuse, who is 12 years old or below 18 or
above 18 under special circumstances;
3. Through force, threat or 3. Coercion or influence of any adult,
intimidation: when the offended syndicate or group is employed against the
party is deprived of reason or child to become a prostitute.
otherwise unconscious; and by
means of fraudulent machination or
grave abuse of authority
 looking for her boyfriend, the victim joined. However the appellant pulled the
victim to a room where a rapist was there and paid the appellant.

Under 12 years
12 years old or The accused was originally charged of rape being a co-principal but the SC
below 18, or 18 years old and modified the ruling arguing that the appellant cannot be held liable as co-
old or
18 under special above principal as her acts are not indispensable to the crime of rape.
demented
circumstances
Acts of
She was charged of violation of Sec. 5 of RA 7610.
Lasciviousness
committed against Article 336 in
Section 5(b) of
children relation to Section
R.A. No. 7610: Not applicable People vs. Larin, 297 SCRA 309, G.R. No. 128777, October 07, 1998
exploited in 5(b) of R.A. No.
prostitution or 7610: Victim: 14 y/o female – practicing swimming
other sexual Accused: Swimming coach
abuse
Sexual Assault After the practice swim of the victim, she went to the shower room when the
Lascivious
committed Article 266-A(2) of
Conduct under accused, serving as a public employee (coach in UP), followed her and
against children the RPC in
exploited in relation to Section
Section 5(b) of
Not applicable instructed to unwrapped her towel and was saying he will just shave the
R.A. No. pubic hair. However the accused performed cunningilus.
prostitution or 5(b) of R.A. No.
7610:
other sexual 7610:
abuse The appellant employed moral and psychological coercion. He would
Sexual intimidate by attacking her self-esteem, after which he would suffer himself
Intercourse as someone who could help solve her inadequacies. The victim has post
Sexual Abuse
committed against traumatic stress.
Rape under under
children
Article 266- Section 5(b) of Not applicable
exploited in
A(1) of the RPC R.A. No. Psychological coercion  It involves the use of influence of a more
prostitution or
7610: powerful person who is in position of power. It can be a parent or an adult
other sexual
abuse but basically that person has to have had some kind of continued
Rape under Rape under relationship with the child. It cannot happen that you just meet the child or
Article 266- Article 266-A(1) Rape under the other person or to submit right away to the person because in
Rape by carnal
knowledge
A(1) in relation to in relation to Art. Article 266- psychological coercion, a relationship is built up with the victim and to my
Art. 266-B of the 266-B of A(1) of the RPC knowledge in this particular case there was such, if I may refer to this case,
RPC: the RPC: there was such a relationship between [C]arla and her coach in swimming.
Sexual Assault Generally in psychological coercion there is a form of trust. That is what I
Lascivious Sexual Assault
under Article 266-
A(2) of the RPC in
Conduct under under mean by relation. A trust in relation is built up and it is understandable that
Rape by Sexual Section 5(b) of Article 266-A(2) of this happened in this particular case because you know it was a skill that
relation to Section
Assault R.A. No. the was being taught and at the same time, because a teacher cannot be
5(b) of R.A. No.
7610: RPC: prision effective unless there [is] some kind of rapport.
7610:
mayor

People vs. Dulay, 681 SCRA 638, G.R. No. 193854 September 24, 2012
Victim: 12years old female
Accused: Female Adult, who was introduced to the victim as a good person
by the victim’s sister. When the appellant asked the victim to come to her in
Amployo vs. People, 457 SCRA 282, G.R. No. 157718, April 26, 2005
Victim: 8 y/o
Accused: adult, abused the victim by touching her breast.
The accused was charged of violating Sec. 5 (b) of RA 7610:
 1. The accused commits the act of sexual intercourse or lascivious
conduct
2. The said act is performed with a child exploited in prostitution or
subjected to other sexual abuse
3. The child, whether female or male, is below 18 years old.
All elements are present. Sec. 5 of 7610 does not merely cover a situation of
a child being abused for profit but also engaged in lascivious conduct
through coercion or intimidation. Intimidation need not be irresistible.
Lewd- something indecent or obscene; intended to excite crude sexual
desire.
Olivarez vs. Court of Appeals, 465 SCRA 465, G.R. No. 163866, July
29, 2005
Victim: 16 y/o female
Accused: employer of sampaguita business
The victim and her brothers were working for the accused where their job is
to make sampaguita garlands. The accused called her inside and there
kissed her and held her breast.
The accused was charges of violating Sec. 5 of RA 7610.
A child is deemed subjected to other sexual abuse when the child indulges in
lascivious conduct under the coercion or influence of any adult. In this case,
Cristina was sexually abused because she was coerced or intimidated by
petitioner to indulge in a lascivious conduct. Furthermore, it is
inconsequential that the sexual abuse occurred only once. As expressly
provided in Section 3 (b) of R.A. 7610, the abuse may be habitual or not. It
must be observed that Article III of R.A. 7610 is captioned as "Child
Prostitution and Other Sexual
Abuse" because Congress really intended to cover a situation where the
minor may have been coerced or intimidated into lascivious conduct, not
necessarily for money or profit. The law covers not only child prostitution but
also other forms of sexual abuse.
Malto vs. People, 533 SCRA 643, G.R. No. 164733, September 21,
2007
Victim: 17 y/o female
Accused: Philosophy Professor
The victim was a student from Assumption College where the accused
works. He was persistent in courting the victim until she made him
consented to have a sexual intercourse with him. Later on, she learned that
the accused had affairs with other students from other schools.
Elements of Sec. 5
1. Pertains to the act of accused
2. Refers to the state or condition of the party
3. Minority of the offended party
All elements are present.
Petitioner can only be held liable for violation of Sec5(b) not rape.
Sweetheart defense in RA 7610 is not acceptable.
People vs. Chingh, 645 SCRA 573, G.R. No. 178323, March 16, 2011
Victim: 10 y/o
The accused raped the victim in the jeepney by inserting his finger into her
private part and afterwards his penis.
The accused was then charged of Rape and Sexual Assault.
Penalty is RA7610.
Caballo vs. People, 698 SCRA 227, G.R. No. 198732, June 10, 2013
Victim: 17 y/o female
The victim had her relationship with the accused whom promised her a
marriage. By the reason of this promise, she consented to have a sexual
intercourse with him. Eventually she got pregnant.
The accused was charged of sec. 5 (b) of RA 7610.
2nd element was present – Sec 2(g) of the rules on child abuse involves
element of influence which manifests in a variety of forms.
Influence means the improper use of power or trust:
1. Minority
2. Seniority of the accused
3. Accused’s promise to marry
4. duress
Ricalde vs. People, 747 SCRA 542, G.R. No. 211002 January 21, 2015
Victim: 10y/o
The accused was a distant relative of the victim who was then allowed to
sleep in the victim’s house. The victim was awaken when the accused
fondled his penis.
The accused was charged of Rape through sexual assault by penetrating
the penis to the anus.
Penalty: RA 7610
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree
No. 603, as amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its minimum period.
(b) 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
shall suffer the penalty of prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000): Provided, That this provision
shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as provided in
the preceding paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty thousand pesos (P40,000);
Provided, however, That should the perpetrator be an ascendant, stepparent
or guardian of the minor, the penalty to be imposed shall be prision mayor in
its maximum period, a fine of not less than Fifty thousand pesos (P50,000),
and the loss of parental authority over the minor.
(d) 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 herein described shall
be imposed a penalty of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000), and the loss of the license to
operate such a place or establishment.
(e) 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 middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable
under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No.
3815, as amended, the Revised Penal Code, for the crimes of murder,
homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under twelve (12)
years of age. The penalty for the commission of acts punishable under
Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised
Penal Code, for the crimes of qualified seduction, acts of lasciviousness with
the consent of the offended party, corruption of minors, and white slave
trade, respectively, shall be one (1) degree higher than that imposed by law
when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the
care of the Department of Social Welfare and Development
De Guzman vs. Perez, 496 SCRA 474, G.R. No. 156013, July 25, 2006
Petitioner De Guzman happened to be the father who didn’t provide regular
financial support to his son from his singlehood. The mother of the child
charged him of neglect of child.
Petitioner acknowledged Robby as his son. He has not denied that he never
contributed for his education except in two instances (1992 and 1993). He
admitted that the boy's education was being financed by private respondent
and her relatives. He stated under oath that the last time he sent material
support to his son was in 1994 when he gave P7,000 for the latter's
hospitalization and medical expenses.
There is a prima facie showing from the evidence that petitioner is in fact
financially capable of supporting Robby's education. The notarized GIS of
the RNCD Development Corporation indicates that petitioner owns P750,000
worth of paid-up shares in the company.
Petitioner's assertion that the GIS is not evidence of his financial capability
(since the shares are allegedly owned by his father) is of no moment. The
claim is factual and evidentiary, and therefore a defense which should be
interposed during the trial.
The argument that criminal liability for neglect of child under Article 59(4) of
PD 603 attaches only if both parents are guilty of neglecting the child's
education does not hold water. The law is clear. The crime may be
committed by any parent. Liability for the crime does not depend on whether
the other parent is also guilty of neglect. The law intends to punish the
neglect of any parent, which neglect corresponds to the failure to give the
child the education
which the family's station in life and financial condition permit. The
irresponsible parent cannot exculpate himself from the consequences of his
neglect by invoking the other parent's faithful compliance with his or her own
parental duties.
However, while petitioner can be indicted for violation of Article 59(4) of
PD 603, the charge against him cannot be made in relation to Section
10(a) of RA 7610
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of PD No. 603, as
amended, but not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period
The law expressly penalizes any person who commits other acts of neglect,
child abuse, cruelty or exploitation or be responsible for other conditions
prejudicial to the child's development including those covered by Article 59 of
PD 603 "but not covered by the Revised Penal Code."
The "neglect of child" punished under Article 59(4) of PD 603 is also a crime
(known as "indifference of parents") penalized under the second paragraph
of Article 277 of the Revised Penal Code. Hence, it is excluded from the
coverage of RA 7610.
73. Araneta vs. People, 556 SCRA 323, G.R. No. 174205, June 27, 2008
provision punishes not only those enumerated under Article 59 of
Presidential Decree No. 603, but also four distinct acts, i.e.,
(a) child abuse, (b) child cruelty, (c) child exploitation and (d) being
responsible for conditions prejudicial to the child's development.
The Rules and Regulations of the questioned statute distinctly and
separately defined child abuse, cruelty and exploitation just to show that
these three acts are different from one another and from the act prejudicial to
the child's development. Contrary to petitioner's assertion, an accused can
be prosecuted and be convicted under Section 10(a), Article VI of Republic
Act No. 7610 if he commits any of the four acts therein. The prosecution
need not prove that the acts of child abuse, child cruelty and child
exploitation have resulted in the prejudice of the child because an act
prejudicial to the development of the child is different from the former acts.
Moreover, it is a rule in statutory construction that the word "or" is a
disjunctive term signifying dissociation and independence of one thing from
other things enumerated. It should, as a rule, be construed in the sense
which it ordinarily implies. Hence, the use of "or" in Section 10(a) of Republic
Act No. 7610 before the phrase "be responsible for other conditions
prejudicial to the child's development" supposes that there are four
punishable acts therein. First, the act of child abuse; second, child cruelty;
third, child exploitation; and fourth, being responsible for conditions
prejudicial to the child's development. The fourth penalized act cannot be
interpreted, as petitioner suggests, as a qualifying condition for the three
other acts, because an analysis of the entire context of the questioned
provision does not warrant such construal.
It bears stressing that the mere keeping or having in a man's companion a
minor, twelve (12) years or under or who is ten (10) years or more his junior
in any public or private place already constitutes child abuse under Section
10(b) of the same Act. Under such rationale, an unwanted embrace on a
minor would all the more constitute child abuse.
Guilty of violating Section
10(a), Article VI of Republic Act No. 7610
Bongalon vs, People, 694 SCRA 12, G.R. No. 169533, March 20, 2013
Jayson Dela Cruz (Jayson) and Roldan, his older brother, both minors,
joined the evening procession for the Santo Niño at Oro Site in Legazpi City;
that when the procession passed in front of the petitioner’s house, the latter’s
daughter Mary Ann Rose, also a minor, threw stones at Jayson and called
him “sissy”; that the petitioner confronted Jayson and Roldan and called
them names like “strangers” and “animals”; that the petitioner struck Jayson
at the back with his hand, and slapped Jayson on the face; that the petitioner
then went to the brothers’ house and challenged Rolando dela Cruz, their
father, to a fight, but Rolando did not come out of the house to take on the
petitioner; that Rolando later brought Jayson to the Legazpi City Police
Station and reported the incident
Laying of hands on Jayson to have been done at the spur of the moment
and in anger, indicative of his being then overwhelmed by his fatherly
concern for
the personal safety of his own minor daughters who had just suffered harm
at the hands of Jayson and Roldan. With the loss of his self-control, he
lacked that specific intent to debase, degrade or demean the intrinsic worth
and dignity of a child as a human being that was so essential in the crime of
child abuse.
Guilty SLIGHT PHYSICAL INJURIES

Rosaldes vs. People, 737 SCRA 592, G.R. No. 173988, October 08,
2014
7 y/o was hurriedly entering his classroom when he accidentally bumped the
knee of his teacher, petitioner Felina Rosaldes, who was then asleep on a
bamboo sofa, Roused from sleep, petitioner asked Michael Ryan to
apologize to her. When Michael did not obey but instead proceeded to his
Seat, petitioner went to Michael and pinched him on his thigh. Then, she
held him up by his armpits and pushed him to the floor. As he fell, Michael
Ryan's body hit a desk. As a result, he lost consciousness.

The petitioner contends that she did not deliberately inflict the physical
injuries
suffered by Michael Ryan to maltreat or malign him in a manner that would
debase, demean or degrade his dignity. She characterizes her maltreatment
as an act of discipline that she as a schoolteacher could reasonably do
towards the development of the child. She insists that her act further came
under the doctrine of in loco parentis.

Although the petitioner, as a schoolteacher, could duly discipline Michael

Ryan as her pupil, her infliction of the physical injuries on him was
unnecessary, violent and excessive. The boy even fainted from the violence
suffered at her hands. She could not justifiably claim that she acted only for
the sake of disciplining him. Her physical maltreatment of him was precisely
prohibited by no less than the Family Code, which has expressly banned the
infliction of corporal punishment by a school administrator, teacher or
individual engaged in child care exercising special parental authority

Notes:
 Age or physical inability needs proof such as forensic or medical
certificate.
 In rape, consent is material, while in RA 7610, consent is
immaterial.

Bongalon- meaning of sexual abuse

Acts of Lasciviousness - IRR