SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION

ACT
a. What law punishes violations of Anti-Child Abuse Exploitation and Discrimination Act?

- Republic Act No. 7610

b. What are the acts in violation of Anti-Child Abuse Exploitation and Discrimination Act?
1. Any person who engages in or promotes, facilitates or induces 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
prostitute; threatening or using violence towards a child to engage him as a prostitute; or giving monetary
consideration, goods or other pecuniary benefit to a child with intent to engage such child in prostitution

2. Any person who commits the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse;

3. Any 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
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which the license has been issued to said establishment and derive profit

4. Any person who, not being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel,
vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution and other sexual abuse.

5. Any person receiving services from a child in a sauna parlor or bath, massage clinic, health club and
other similar establishments.

6. Any person who shall engage in trading and dealing with children including, but not limited to, the act of
buying and selling of a child for money, or for any other consideration.
7. Any person who attempt to facilitate the travel of a child alone to a foreign country without valid reason
therefore 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.

8. Any person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking.

9. Any doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking

10. Any 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

11. Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials.
12. Any ascendant, guardian, or person entrusted in any capacity with the 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.
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13. 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.

14. Any person who shall keep or have is 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.

15. 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.

16. 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.

17. Any person who shall use, coerce, force or intimidate a street child or any other child to beg or use
begging as a means of living; act as conduit or middlemen in drug trafficking or pushing; or conduct any
illegal activities.

18. Any establishments and enterprises which promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows.

19. Any establishment which shall be deemed to promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment.

20. Any person who shall employ child models in all commercials or advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and it‟s by products and violence.

21. Any acts that violate confidentiality of records.

22. Other analogous acts.

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NOTE: Child Prostitution and Other Sexual Abuse - 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, are deemed to be children exploited in prostitution
and other sexual abuse. c. What is the evidence needed to file a case of child abuse?
1. Testimonial Evidence – affidavit of the complainant and witnesses

2. Documentary Evidence – contract of employment/business permits, photographs, videos, publications,

records, police records, forensic reports, medical records and other pertinent documents

3. Object Evidence – computers, electronic devices and instruments used perpetrating child abuse and
means to control the child victims

4. Other evidence relevant

5.11 ANTI-CHILD PORNOGRAPHY ACT OF 2009

a. What law punishes violations of Anti-Child Pornography Act?

- Republic Act No. 9208

b. What are the acts in violation of Anti-Child Pornography Act?

1. Any person, who hires, employs, uses, persuades, induces or coerces a child to perform in the creation
or production of child pornography.

2. Any person, who produces, directs, manufactures or creates any form of child pornography and child
pornography materials.

3. Any person, who sells, offers, advertises and promotes child pornography and child pornography
materials.
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4. Any person who possesses, downloads, purchases, reproduces or makes available child pornography
materials with the intent of selling or distributing them.

5. Any person, who publishes, posts, exhibits, disseminates, distributes, transmits or broadcasts child
pornography or child pornography materials.

6. Any person, who knowingly possesses, views, downloads purchases or in any way takes steps to
procure, obtain or access for personal use child pornography materials.

7. Any person who attempts to commit child pornography by luring or grooming a child.

8. Any acts that violate the confidentiality of records

9. Other analogous acts

c. What is the evidence needed to file a case for child pornography?

1. Testimonial Evidence – affidavit of the complainant and witnesses

2. Documentary Evidence – contract of employment/business permits, photographs, videos, publications,

records, police records, forensic reports and other pertinent documents

3. Object Evidence – computers, electronic devices and instruments used in taking and distribution of
pornography and means to control the child victims

4. Other evidence relevant

5.12 JUVENILE JUSTICE AND WELFARE ACT OF 2006

a. What law punishes the violations of Juvenile Justice and Welfare Act?

- Republic Act No. 9344

b. What are the acts that constitute the violations of Juvenile Justice and Welfare Act?
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1. Any competent authorities who brands or labels children as young criminals, juvenile delinquents,
prostitutes or attaching to them in any manner any other derogatory names.

2. Any acts which shall be considered prejudicial and detrimental to the psychological, emotional, social,
spiritual, moral and physical health and well-being of the child in conflict with the law.

3. Employment of threats of whatever kind and nature.

4. Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
solitary confinement.

5. Employment of degrading, inhuman and cruel forms of punishment such as shaving the heads, pouring
irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing
him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her
personality and dignity.

6. Compelling the child to perform involuntary servitude in any and all forms under any and all instances.

7. Any acts in violation of confidentiality of records

8. Other analogous acts

c. What is the evidence needed to file a case for violation of the Juvenile Justice and Welfare Act?

1. Testimonial Evidence – affidavit of the complainant and witnesses

2. Documentary Evidence – photographs, videos, publications, records, police records, forensic reports,
medical records and other pertinent documents

3. Object Evidence – weapons and instruments used in inflicting physical harm

4. Other evidence relevant

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5.13 ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
a. What law punishes violations of Anti-Violence against Women and Children?

- Republic Act No. 9262

b. What are the acts in violation of Anti- Violence against Women and Children?

1. Causing physical harm to the woman or her child;

2. Threatening to cause the woman or her child physical harm;

3. Attempting to cause the woman or her child physical harm;

4. Placing the woman or her child in fear of imminent physical harm;

5. Attempting 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 to desist from conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting the woman‟s or her child‟s freedom of movement or
conduct by force or threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or her child;

6. Threatening to deprive or actually depriving the woman or her child of custody or access to her/his
family;

7. Depriving 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;

8. Depriving or threatening to deprive the woman or her child of a legal right;

9. Preventing the woman from engaging in any legitimate profession, occupation, business or activity, or
controlling the victim‟s own money or properties, or solely controlling the conjugal or common money, or
properties;

10. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
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11. 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, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;

12. Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or
causes substantial emotional or psychological distress to the woman or her child such as stalking or
following the woman or her child in public or private places; peering in the window or lingering outside the
residence of the woman or her child; entering or remaining in the dwelling or on the property of the
woman or her child against her/his will; destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; engaging in any form of harassment or violence;

13. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children or denial of access to the woman‟s child/children;

14. Any acts in violation of confidentiality of records

15. Other analogous acts

NOTE: The offender is any person who commits an act or series of acts against a woman who is his wife,
former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or illegitimate, within or without the
family abode
c. What is the evidence needed to file a case for violence against women and children?

1. Testimonial Evidence – affidavit of the complainant and witnesses

2. Documentary Evidence – contract of employment/business permits, photographs, videos, publications,

records, police records, forensic reports, medical records and other pertinent documents
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3. Object Evidence – computers, electronic devices, weapons and instruments used perpetrating violence
and means to control the woman and child victims

4. Other evidence relevant

5.14 ANTI-SEXUAL HARASSMENT ACT OF 1995

a. What law punishes the act of sexual harassment?

- Republic Act No. 7877

b. What are the acts that constitute sexual harassment?

1. An employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or otherwise requires any sexual favor from the
other, regardless of whether the demand, request or requirement for submission is accepted by the
victim.

2. The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms, conditions,
promotions, or privileges.

3. The refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in
a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect
said employee; or impair the employee‟s rights or privileges under existing labor laws; or create an
intimidating, hostile, or offensive environment for the employee.

4. Any person who is in-charge of the care, custody or supervision of the education, training,
apprenticeship or tutorship, requested for sexual favor as a condition to the giving of a passing grade, or
the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or considerations; or perform some sexual advances which result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
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5. Any person who directs or induces another to commit any act of sexual harassment or who cooperates
in the commission thereof.

6. Other analogous acts

c. What is the evidence needed to file a case for sexual harassment?

1. Testimonial Evidence – affidavit of the complainant and witnesses

2. Documentary Evidence – contract of employment, training, school records, police records, forensic
reports and other pertinent documents

3. Object Evidence – instrument used in intimidating or gaining sexual favor

4. Other evidence relevant