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Republic Act No.

7610 (6) Circumstances analogous to those


Approved: June 17, 1992. above stated which endanger the life,
safety or normal development of
AN ACT PROVIDING FOR STRONGER children.
DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD (d) “Comprehensive program
ABUSE, EXPLOITATION AND against child abuse, exploitation and
DISCRIMINATION, AND FOR OTHER discrimination” refers to the coordinated
PURPOSES program of services and facilities to
protected children against: CCCOO
(a) “Children”- below eighteen (18) (1) Child Prostitution and other sexual
years of age or over but are unable to fully abuse;
take care of themselves or protect (2) Child trafficking;
themselves from (ANCED)abuse, neglect, (5) Circumstances which threaten or
cruelty, exploitation or discrimination endanger the survival and normal
because of a physical or mental disability or development of children.
condition; (3) Obscene publications and indecent
shows;
(b) “Child abuse” - maltreatment, (4) Other acts of abuses; and
whether habitual or not, of the child which
includes any of the following: PAFU Section 5. Child Prostitution and
(1) Psychological and physical abuse, Other Sexual Abuse. Children, whether
neglect, cruelty, sexual abuse and male or female, who for money, profit, or
emotional maltreatment; any other consideration or due to the
(2) Any act by deeds or words which coercion or influence of any adult,
debases, degrades or demeans the syndicate or group, indulge in sexual
intrinsic worth and dignity of a child as a intercourse or lascivious conduct, are
human being; deemed to be children exploited in
(4) Failure to immediately give medical prostitution and other sexual abuse.
treatment to an injured child resulting in
serious impairment of his growth and Reclusion Temporal In Its Medium Period
development or in his permanent To Reclusion Perpetua
incapacity or death. (a) Those who engage in or promote,
(3) Unreasonable deprivation of his facilitate or induce child prostitution which
basic needs for survival, such as food include, but are not limited to, the
and shelter; following:
(1) Acting as a procurer of a child
(c) “Circumstances which gravely prostitute;
threaten or endanger the survival and (2) Inducing a person to be a client of a
normal development of children” include, child prostitute by means of written or
but are not limited to, the following; oral advertisements or other similar
(1) Being in a community where there is means;
armed conflict or being affected by (3) Taking advantage of influence or
armed conflict-related activities; relationship to procure a child as
(2) Working under conditions prostitute;
hazardous to life, safety and normal (4) Threatening or using violence
which unduly interfere with their towards a child to engage him as a
normal development; prostitute; or
(3) Living in or fending for themselves (5) Giving monetary consideration
in the streets of urban or rural areas goods or other pecuniary benefit to a
without the care of parents or a child with intent to engage such child
guardian or basic services needed for a in prostitution.
good quality of life;
(4) Being a member of a indigenous (b) Those who commit the act of sexual
cultural community and/or living intercourse of lascivious conduct with a
under conditions of extreme poverty or child exploited in prostitution or subject to
in an area which is underdeveloped other sexual abuse; Provided, That when
and/or lacks or has inadequate access the victims is under twelve (12) years of
to basic services needed for a good age, the perpetrators shall be prosecuted
quality of life; under Article 335, paragraph 3, for rape and
(5) Being a victim of a man-made or Article 336 of Act No. 3815, as amended, the
natural disaster or calamity; or Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the other child-during institutions
victim is under twelve (12) years of age who can be offered for the
shall be reclusion temporal in its medium purpose of child trafficking.
period; and A penalty lower two (2) degrees than
that prescribed for the
(c) Those who derive profit or advantage consummated felony under
therefrom, whether as manager or owner of Section 7 hereof shall be imposed
the establishment where the prostitution upon the principals of the attempt
takes place, or of the sauna, disco, bar, to commit child trafficking under
resort, place of entertainment or this Act.
establishment serving as a cover or which
engages in prostitution in addition to the Section 9. Obscene Publications and
activity for which the license has been Indecent Shows. Any person who shall
issued to said establishment. hire, employ, use, persuade, induce or
coerce a child to perform in obscene
Section 6. Attempt To Commit exhibitions and indecent shows, whether
Child Prostitution. live or in video, or model in obscene
- when any person who, not being a publications or pornographic materials or
relative of a child, is found alone with the to sell or distribute the said materials shall
said child inside the room or cubicle of a suffer the penalty of prison mayor in its
house, an inn, hotel, motel, pension house, medium period.
apartelle or other similar establishments,
vessel, vehicle or any other hidden or If the child used as a performer,
secluded area under circumstances which subject or seller/distributor is below twelve
would lead a reasonable person to believe (12) years of age, the penalty shall be
that the child is about to be exploited in imposed in its maximum period.
prostitution and other sexual abuse. Any ascendant, guardian, or person
- when any person is receiving entrusted in any capacity with the care of a
services from a child in a sauna parlor or child who shall cause and/or allow such
bath, massage clinic, health club and other child to be employed or to participate in an
similar establishments. obscene play, scene, act, movie or show or
in any other acts covered by this section
Section 7. Child Trafficking. Any shall suffer the penalty of prision mayor in
person who shall engage in trading and its medium period.
dealing with children including, the act of
buying and selling of a child for money, or Section 10. Other Acts of Neglect,
for any other consideration, or barter. Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child’s
Section 8. Attempt to Commit Child Development.
Trafficking. (a) Any person who shall commit any
(a) When a child travels alone to a other acts of child abuse, cruelty
foreign country without valid or exploitation or to be
reason therefore and without responsible for other conditions
clearance issued by the prejudicial to the child’s
Department of Social Welfare and development including those
Development or written permit or covered by Article 59 of
justification from the child’s Presidential Decree No. 603, as
parents or legal guardian; amended, but not covered by the
(c) When a person, agency, Revised Penal Code, as amended,
establishment or child-caring shall suffer the penalty of prision
institution recruits women or mayor in its minimum period.
couples to bear children for the
purpose of child trafficking; or (b) Any person who shall keep or have
(d) When a doctor, hospital or clinic in his company a minor, twelve
official or employee, nurse, (12) years or under or who in ten
midwife, local civil registrar or (10) years or more his junior in
any other person simulates birth any public or private place, hotel,
for the purpose of child motel, beer joint, discotheque,
trafficking; cabaret, pension house, sauna or
(e) When a person engages in the act massage parlor, beach and/or
of finding children among low- other tourist resort or similar
income families, hospitals, clinics, places shall suffer the penalty of
nurseries, day-care centers, or prision mayor in its maximum
period and a fine of not less than employer’s family are employed:
Fifty thousand pesos (P50,000): Provided, however, That his
Provided, That this provision shall employment neither endangers his
not apply to any person who is life, safety and health and morals,
related within the fourth degree of nor impairs his normal
consanguinity or affinity or any development: Provided, further,
bond recognized by law, local That the parent or legal guardian
custom and tradition or acts in the shall provide the said minor child
performance of a social, moral or with the prescribed primary
legal duty. and/or secondary education

(c) Any person who shall induce, (2) When a child’s employment or
deliver or offer a minor to any one participation in public &
prohibited by this Act . entertainment or information
through cinema, theater, radio or
(d) Any person, owner, manager or one television is essential: Provided,
entrusted with the operation of The employment contract
any public or private place of concluded by the child’s parent
accommodation, whether for or guardian, with the express
occupancy, food, drink or agreement of the child
otherwise, including residential concerned, if possible, and the
places, who allows any person to approval of the Department of
take along with him to such place Labor and Employment:
or places any minor herein
described Section 14. Prohibition on the
Employment of Children in Certain
(e) Any person who shall use, coerce, Advertisements. No person shall employ
force or intimidate a street child child models in all commercials or
or any other child to; advertisements promoting alcoholic
(1) Beg or use begging as a means of beverages, intoxicating drinks, tobacco and
living; its byproducts and violence.
(2) Act as conduit or middlemen in
drug trafficking or pushing; or Children in Situations of Armed Conflict
(3) Conduct any illegal activities. Section 22. Children as Zones of
Peace. Children are hereby declared as
The victim of the acts committed under Zones of Peace. It shall be the responsibility
this section shall be entrusted to of the State to resolve armed conflicts in
the care of the Department of order to promote the goal of children as
Social Welfare and Development. zones of peace.

Section 11. Sanctions of Section 23. Evacuation of Children


Establishments or Enterprises – During Armed Conflict. Children shall be
Immediately closed and their authority or given priority during evacuation as a result
license to operate cancelled. A sign with the of armed conflict.
words “off limits” , not be less than one (1)
year, as the Department of Social Welfare Section 25. Rights of Children
and Development . Arrested for Reasons Related to Armed
Conflict. Any child who has been arrested
An establishment shall be deemed to for reasons related to armed conflict, either
promote or facilitate child prostitution and as combatant, courier, guide or spy is
other sexual abuse, child trafficking, entitled to the following rights;
obscene publications and indecent shows, (a) Separate detention from adults
and other acts of abuse if the acts except where families are
constituting the same occur in the premises accommodated as family units;
of said establishment (b) Immediate free legal assistance;
(c) Immediate notice of such arrest to
Section 12. Employment of the parents or guardians of the child;
Children. Children below fifteen (15) years and
of age may be employed except: (d) Release of the child on
(1) When a child works directly under recognizance within twenty-four (24)
the sole responsibility of his hours to the custody of the
parents or legal guardian and Department of Social Welfare and
where only members of the Development or any responsible
member of the community as and cases involving detention prisoners
determined by the court. and persons covered by Republic Act No.
If after hearing the evidence in the 4908, all courts shall give preference to the
proper proceedings the court should find hearing or disposition of cases involving
that the aforesaid child committed the acts violations of this Act.
charged against him. However, instead of Approved: June 17, 1992.
pronouncing judgment of conviction, the
court shall suspend all further proceedings
and shall commit such child to the custody What is cruelty?
or care of the Department of Social Welfare It is any word or action which
and Development or to any training debases, degrades or demeans the dignity
institution operated by the Government, or of a child as a human being.
duly-licensed agencies or any other
responsible person, until he has had Is discipline administered by a parent or
reached eighteen (18) years of age . legal guardian on a child considered
cruelty?
Section 26. Monitoring and No, if it is reasonably administered
Reporting of Children in Situations of and moderate in degree and does not cause
Armed Conflict. The chairman of the physical or psychological injury.
barangay affected by the armed conflict
shall submit the names of children residing What physical injury is considered as
in said barangay to the Municipal Social child abuse?
Welfare And Development Officer within One that causes severe injury or
twenty-four (24) hours from the occurrence serious bodily harm to child, such as
of the armed conflict. lacerations, fractured bones, burns or
internal injuries.
Remedial Procedures
Section 27. Who May File a What psychological injury is considered
Complaint. OPAOO BA as child abuse?
Offended party; One that harms a child's
Parents or guardians; psychological or intellectual functions. This
Ascendant or collateral relative within may be exhibited by severe anxiety,
the third degree of consanguinity; depression, withdrawal or outward
Officer, social worker or aggressive behavior or a combination of
representative of a licensed child- said behaviors.
caring institution;
Officer or social worker of the What is child neglect?
Department of Social Welfare and It is failure of a parent or legal
Development; guardian to provide, for reasons other than
Barangay chairman; or poverty, adequate food, clothing, shelter,
At least three (3) concerned basic education or medical care so as to
responsible citizens where the seriously endanger the physical, mental,
violation occurred. social and emotional growth and
development of the child.
Section 28. Protective Custody of
the Child. Department of Social Welfare What is child sexual abuse?
and Development pursuant to Executive It is the employment, use,
Order No. 56, series of 1986. persuasion, inducement, enticement or
coercion of child to engage in, or assist
Section 29. Confidentiality. At the another person to engage in sexual
instance of the offended party, his name intercourse or lasciviousness conduct or the
may be withheld from the public until the molestation or prostitution of, or the
court acquires jurisdiction over the case. commission of incestuous acts, on, a child.
Section 30. Special Court What is child exploitation?
Proceedings. Cases involving violations of It is hiring, employment, persuasion,
this Act shall be heard in the chambers of inducement, or coercion of child to perform
the judge of the Regional Trial Court duly in obscene exhibitions and incident shows,
designated as Juvenile and Domestic whether live, on video or film, or to pose or
Court. act as a model in obscene or pornographic
Any provision of existing law to the materials, or to sell or distribute said
contrary notwithstanding and with the materials.
exception of habeas corpus, election cases,
Where can I report child abuse cases? It shall apply to all mendicants, and
DAC PLD exploited infants or children who are 8
Department of Social Welfare & years old and below, minors found begging
Development or to the Child Health and covered by Presidential Decree No. 603
and Intervention and Protective and parents of exploited infants and
Service (CHIPS) children criminally liable under Article 59
Anti-Child Abuse, Discrimination, and 60 of Presidential Decree No. 603.
Exploitation Division (ACADED)
National Bureau of Investigation Section 2. Purpose. This Decree shall
Commission on Human Rights Child be interpreted so as to, among others:
Rights Center a. Prevent the commission of mendicancy;
Philippine National Police Operation b. Prevent the exploitation of infants and
Center children through mendicancy and
Local Barangay Council for the provide habilitative services for
Protection of Children those already exploited or in
DOJ Task Force on Child Protection immediate danger of exploitation;
and
Do I have a duty to report cases of child c. Promote the rehabilitation of minors
abuse? found begging and mendicants by
Yes, it is your civic and moral duty providing an integrated
to do so. developmental package of
preventive, habilitative interceptive,
Who are required by law to report child remedial, and/or rehabilitative
abuse cases? services.
1. The head of a public or private
hospital, medical clinic or similar Section 3. Definition Of Terms
institution, as well as the physician "Mendicant" refers to any person,
and nurse who attended to the needs except those enumerated in Section 4 of this
of the abused child. Decree, who has no visible and legal means
2. Teachers and administrators of of support, or lawful employment and who
public schools is physically able to work but neglects to
3. Parole and probation officers apply himself to some lawful calling and
4. Government lawyers instead uses begging as a means of living.
5. Law enforcement officers
6. Barangay officials "Exploited Infant" or "Child" refers
7. Correction officers such as jail to an infant or child 8 years and below who
guards is used in begging or one who accompanies
a habitual vagrant or beggar.
Can then persons named above be charged
criminally if they do not report a child "Habitual Mendicant" refers to one
abuse case? who has been convicted of mendicancy
Yes. under this Decree two or more times.

Who can file a complaint for child abuse? "Duly Licensed Child Placement
BC POG Agency" or "Individual" is an institution or
Barangay Chairman person licensed by the Department of Social
Child victim Services and Development to assume the
Parent or legal guardian of the victim care, custody, protection and maintenance
One of a group of 3 or more persons of children for placement in any child-
who have personal knowledge of the caring institution or home under the care
abuse. and custody of any person for purposes of
Grandparent, or relative of the child adoption, guardianship or foster care.
victim up to a first cousin
Integrated Developmental Package of
Where should a complaint for child abuse Services PHIRR
be filed? DOP 1. Preventive services to measures that
Department of Social Welfare and forestall the occurrence of
Development situations identified as
Other law enforcement agency. contributory to mendicancy;
Police 2. Habilitative services refer to measures
which provide environmental or
PRESIDENTIAL DECREE No. 1563- socio-economic conditions for the
Mendicancy Law of 1978 exploited infant or child which
maximize possibilities and
opportunities for the enjoyment of
satisfactory equality of life before
the formation of undesirable
attitudes and values or the onset
of conditions most conducive to
mendicancy;
3. Interceptive services are measures
which channel or direct the
growth potential and productive
energy of the mendicant infant,
child, youth or adult to offset the
effect of factors contributing to
mendicancy;
4. Remedial services refer to measures
intended to meet the basic needs
and improve living condition of
the mendicant; and
5. Rehabilitative services refer to medical,
social, educational, psychological
and vocational measures to
develop and/or restore the
mendicant to the fullest state of
well-being or economic usefulness
of which he is capable, and to
engage in a gainful occupation.

Section 6. Information Program. The


Department of Public Information shall
conduct a nationwide educational and
information program on the Mendicancy
Law and educate the public to contribute
only to lawful fund raising projects and
prevent the community in giving alms
except through organized agencies.

Section 8. Health Needs. The


Department of Health shall provide the
necessary measures in meeting the health
needs of mendicants.

Section 9. Law Enforcement. The


Department of National Defense shall
provide the necessary law enforcement and
other related services for the
implementation of this Decree.

Section 10. Integrated Network Of


Services. The Department of Social
Services and Development shall provide
an integrated network of appropriate
services to exploited infants and children 8
years old and below as well as mendicant
minors and adult mendicants .

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