RA 7610 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION

AGAINST CHILD ABUSE, EXPLOITATION, AND DISCRIMINATION AND FOR OTHER PURPOSES

Rationale:
To give protection 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.

When do Rights Begin?

• Philippine Constitution, Article II, Sec. 12:
“The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic and autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception….”
• PD 603 THE CHILD AND YOUTH WELFARE CODE, Article 3, no. 1.:
“A child is endowed with the dignity and worth of a human being from the moment of
conception, as generally accepted in medical parlance, and is therefore entitled with right to
be born well.”

“Anti-Child Abuse Law”

Elements:
1. Committed against children Who are
considered children?
 Persons below 18 years of age OR
 Over 18 but are unable to fully take care of themselves or protect
themselves
2. There is abuse, neglect, cruelty, exploitation, or discrimination

I. Punishable Acts:
1. Child Abuse
 maltreatment, whether habitual or not, of the child which includes any for 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; or
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.

2. Child prostitution and other Sexual Abuse

Elements:
a. Children, whether male or female
b. For money OR profit OR any other consideration OR due to coercion OR influence
c. Of any ADULT, SYNDICATE, or GROUP
d. Indulge in sexual intercourse or lascivious conduct
3. Attempt to Commit Child Prostitution
a. Attempt under Par. A, Sec 5
i. Any person, not relative of a child
ii. Found alone with the child
iii. In a room, cubicle of a house, inn, hotel, motel, etc.
iv. Under circumstances which would lead a reasonable person to believe
that the child is about to be exploited in prostitution and other sexual
abuse.
b. Attempt under Par. B, Sec 5
i. Any person
ii. Receiving services from a child
iii. In a sauna parlor or batch, massage clinic, health club, etc.

4. Child Trafficking
Elements:
a. Any person who shall engage in
b. Trading and dealing with children including, but not limited to, the act of buying
and selling a child for money, and for any other consideration, or barter.

5. Attempt to Commit Child Trafficking

a) When a child travels alone to a foreign country without a valid reason
therefore and without clearance from the DSWD or written permit or
justification from the child’s parents or legal guardian;
b) Person, agency, establishment, or child-caring institution recruits women or
couples to be 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; or
d) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-caring
institutions who can be offered for the purpose of child trafficking.

6. Obscene publications and indecent shows

a. A child is employed, used, persuaded, induced, or coerced
b. To perform in obscene exhibitions and indecent shows, whether live or in video,
or model in obscene publications or pornographic materials
c. Such materials are distributed

7. Other acts if Neglect, Abuse, Cruelty or Exploitation and other conditions Prejudicial to the
Child’s Development
a. Violation of Art. 59, PD 603
b. Keeping in his company a minor, 12 years or under or 10 years younger than the
person liable, in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach resort, etc.
c. Inducement, delivery, or offering of a minor for the above-mentioned act
 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,
e. Use, coercion, forcing, or intimidating a street child or any other child to
i. Beg or use begging as a means of living;
ii. Acts as conduit or middlemen in drug trafficking or pushing; or
iii. Conduct any illegal activities

8. Violation of working conditions for Minors as provided in this law and the Labor Code
• GR: Children below fifteen (15) years of age shall not be employed.
• EXC: When a child works directly under the sole responsibility of his parents and legal
guardian and where only members of the employer’s family are employed.
• Employment must not endanger life, safety, nor impairs normal development.

II. PENALTIES
1. Penalties for those found guilty of the crime of Child Prostitution and Other Sexual Abuse
a. (Procurer) Reclusion Temporal (Medium) to Reclusion
Perpetua for acts described in Article III Section 5(a)
b. (Client/John) Reclusion Temporal (Medium) to Reclusion Perpetua for the act of
sexual intercourse or lascivious conduct with a child exploited in prostitution.
- IF CHILD IS UNDER TWELVE (12) YEARS OLD.
Sexual Intercourse considered as Rape: Reclusion Perpetua
- IF CHILD IS UNDER TWELVE (12) YEARS OLD.
Lascivious Conduct: Reclusion Temporal (Medium)
c. (Manager/Owner of Establishment) Reclusion Temporal (Medium) to Reclusion
Perpetua to those who are found to have derived profit or advantage from child
prostitution.
d. (Attempted Felonies) Attempt to commit Child Prostitution carries with it a
penalty two (2) degrees lower than the prescribed penalty for its consummated
counterpart.

2. Penalties for those found guilty of the crime of Child Trafficking

a. (Procurer) Reclusion Temporal to Reclusion Perpetua to those engage in trading
and dealing with children. The penalty shall be applied in its Maximum period
when the victim is under twelve (12) years of age.
b. (Attempted Felony) Attempt to commit Child Trafficking carries with it a penalty
two (2) degrees lower than the prescribed penalty for its consummated
counterpart.

3. Penalties for those found guilty of the crime of Obscene Publications and Indecent Shows
involving children
a. (Procurer) Reclusion Mayor (Medium) for acts described in Article V Section 9(1)
 IF CHILD IS UNDER TWELVE (12) YEARS OLD.
- Penalty shall be imposed in its Maximum period
 c. (Ascendant/Guardian) Prision Mayor (Medium) to those who are found to have
caused or allowed the child to be employed or to participate in obscene play,
scene act, movie or show, or in other acts covered by Article V Section 9.

4. Penalties for those found guilty of the crime of Other Acts of Abuse involving children
a. (Parents) Prision Mayor (Minimum) for those found guilty of Child Abuse or
Neglect including those covered by Article 59 of PD No. 603 (The Child and Youth
Welfare Code)
b. (Stranger) Prision Mayor (Maximum) and a fine of not less than fifty thousand
pesos (P50,000.00) shall be imposed on one in whose company a minor either
under twelve (12) years of age, or who in ten (10) years or more is his junior is
found, in any of the places enumerated in Article VI Section 10(b), where there
exists a relationship not within the fourth degree of consanguinity or affinity, or
by any bond characterized in the same statute.
c. (Procurer) Prision Mayor (Medium) and a fine of not less than forty thousand
pesos (P40,000.00) shall be imposed on a procurer for the violation of this Article.
- Should the procurer be an ascendant, stepparent, or guardian of the child:
Prision Mayor (Maximum) and a fine of not less than fifty thousand pesos (P
50,000.00)
d. (Manager/Owner of Establishment) Prision Mayor (Medium) and a fine of not
less than fifty thousand pesos (P50,000.00) and the loss of their license to
operate are imposed upon those who are found to have derived profit or
advantage from violations of this Article.
e. (Coercion to beg and other illegal activities) Prision Correccional (Medium) to
Reclusion Perpetua shall be imposed on those who either: coerces a child to beg
as a means of living, to act as a conduit in drug trafficking or pushing, to conduct
any illegal activity.
f. (Physical Injury) Reclusion Perpetua will be imposed on those found guilty of the
crimes of Murder, Homicide, Other Intentional Mutilation and Serious Physical
Injuries, WHERE THE VICTIM IS UNDER TWELVE (12) YEARS OLD.
g. (Moral and Emotional Injury) A penalty one (1) degree higher will be imposed on
those found guilty of the crimes of Qualified Seduction, Acts of Lasciviousness
with Consent, Corruption of Minors, and White Slave Trade, WHERE THE VICTIM
IS UNDER TWELVE (12) YEARS OLD.

Sanctions for Establishments or Enterprises

a. Immediate Closure of Establishment
b. The Revocation of the License to Operate
c. A Public “Off Limits” Sign posted outside the establishment for a period not less
than one (1) year. The unauthorized removal of which will be punishable by
Prision Correccional.

Hiring and employment for purposes of prostitution now punishable under R.A. No. 9208
(anti-Trafficking in Persons Act of 2003)

5. Penalties for those found guilty of violating the Article on Working Children
a. Fine not less than one thousand pesos (P1,000.00) but not more than ten
thousand pesos (P10,000.00)
 b. Alternatively, imprisonment of not less than three (3) months, but not more than
three (3) years.
c. Or both penalties at the discretion of the court
d. In cases of repeat offenders, their license to operate shall be revoked.

6. Penalties for those guilty of the crime of Discrimination Against Children of Indigenous
Cultural Communities
a. (Discrimination) Arresto Mayor (Maximum) and a fine of not less than five
thousand pesos (P5,000.00) but not more than ten thousand pesos (P10,000.00)
shall be imposed on any person found guilty of discriminating against a child of
indigenous cultural communities.

Common Penal Provisions

a. (Previous Conviction) Penalties are to be imposed in their maximum periods
b. (Juridical Personality) Penalties are to be imposed in their maximum periods on
the officer or employee of erring corporation, partnership, or association
c. (Relationship) Penalties are to be imposed in their maximum periods when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative
within the second degree of consanguinity or affinity, or a manager or owner of
an establishment which has no license to operate or its license has expired or has
been revoked.
d. (Foreigner) Deportation immediately after service of sentence, and the same
shall be forever barred from entering the country.
e. (Public Officer) Penalties are to be imposed in their maximum periods if the
perpetrator is a public officer or employee. Should the penalty be Reclusion
Perpetua or Reclusion Temporal, then the accessory penalty of perpetual or
temporary absolute disqualification shall also be imposed. Should the penalty
imposed be Prision Correccional or Arresto Mayor, the accessory penalty of
suspension shall likewise be imposed.
f. (Fine) A fine to be determined by the court shall be imposed and administered as
a cash fund by the DSWD and the same will be disbursed for the rehabilitation of
the victim. Remedial Procedures

III. Remedial Procedures

Who may file a complaint?
1. Offended party;
2. Parents or guardians;
3. Ascendant or collateral relative within the third degree of consanguinity;
4. Officer, social worker or representative of a licensed child-caring institution;
5. Officer or social worker of the DSWD;
6. Barangay Chairman; or
7. At least 3 concerned responsible citizens where the violation occurred.

Duty to Report
• Teachers and administrators in public schools
• Probation Officers
• Government lawyers
• Barangay officials
• Correction officers and other government officials and employees whose work involves
dealing with children

Protective Custody of the Child- offended party will immediately be placed under the custody
of the DSWS.

Confidentiality of offended party’s identity

• unauthorized disclosure of records: Fine ₱ 2,400.00 or imprisonment for 1 year or both.
• Protection of victim from undue publicity (IRR)

Special court proceedings- RTC as Juvenile and Domestic Court; preference to the hearing or
disposition of cases involving violations of this Act.

IV. 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 physical or mental disability or conditions; (Sec. 3 (a), R.A. 7610)

(b) Parents as herein used shall include the guardian and the head of the institution or foster
home which has custody of the child.

(c) 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.

(d) Cruelty – Disciple administered by a parent or legal guardian to a child does not constitute
cruelty provided it is reasonable in manner and moderate in degree and does not constitute
physical or psychological injury as defined herein;

(e) “Physical Injury” – Includes but is not limited to lacerations, fractured bones burns, internal
injuries.

(f) Psychological Injury – Means harm to a child’s psychological or intellectual/functioning which

may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior
or a combination of said behavior. May be demonstrated by a change in behavior, emotional
response or cognition.

(g) Neglect – the withdrawal of or failure to provide a child with the basic necessities for physical
growth and development. This can include inappropriate clothing for the weather, unhealthy
food or no food at all, lack of supervision, denial of medical care to a sick or injured child or
denial of love and affection.
(h) Sexual Abuse – Includes the employment, use, persuasion, inducement, enticement or
coercion of a child to engage in, or assist another person to engage in, sexual intercourse or
lascivious conduct or the molestation, prostitution or incest with children.

(i) Lascivious Conduct – Intentional touching with malice or lust, either directly or through
clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks or any part of the body.

(j) Exploitation – Hiring, employment, persuasion, inducement or coercion of a child to perform

in obscene exhibition and indecent shows, whether live or in video or film, or to pose or act
as a model in obscene publication or pornographic materials, or sell or distribute said
materials.

(k) Children in Indigenous Cultural Communities

• Refers to a native community whose members are bound by a common ethnic origin,
language, culture or religion or beliefs and whose existence as a distinct community with
its own particular characteristics;
• Entitled to protection, survival and development consistent with the customs and
traditions of their respective communities.

(l) Children in Situations of Armed Conflict

Armed Conflict – refers to any conflict between government forces and organized groups
which involves the actual use of armed force, which disrupts normal, social, economic,
political and cultural activities in a specific geographical area.

(m)Children as Zones of Peace

• Children shall not be recruited as combatants or used as guides, couriers of spies.
• Children shall be given special respect. They shall not be the object of attacks.
• Facilitate reunion of families temporarily separated due to armed conflict.
• Rights of children taken into custody by government forces in an armed conflict area
- Notify parents or guardians immediately
• The delivery of basic social services such as education, primary health care and
emergency relief shall be kept unhampered and the safety and protection of service
providers ensured:
• Children centers such as schools and health clinics shall not be used for military purposes
such as posts, barracks, detachments and supply depots.

(n) Children arrested for reasons related to armed conflict are entitled to:
• Immediate free legal assistance;
• Immediate notice of such arrest to the parents or legal guardians;
• Release to the custody of the DSWD within 24 hours;
• The barangay chairman shall immediately submit to the municipal social welfare and
development office the names of children affected by war in their community.

(o) Circumstances which gravely threaten or endanger the survival and normal development of
children.
(p) Physical Abuse – The inflicting of physical injury upon a child. This may include, burning,
hitting, punching, shaking, kicking, beating, or otherwise harming a child. The parent or
caretaker may not have intended to hurt the child, the injury is not an accident. It may,
however, been the result of over-discipline or physical punishment that is inappropriate to
the child’s age.

(q) Psychological or Emotional Abuse

• Also known as: verbal abuse, mental abuse and psychological maltreatment;
• Includes acts or the failures to act by parents or caretakers that have caused or could
cause, serious behavioral, cognitive, emotional, or mental disorders;
• Injury from emotional abuse can be just as serious and lasting as that from physical
abuse, but it is much more difficult to identify.
• Constantly blaming or putting down a child; excessive yelling, shaming.

(r) Reporting – a person who learns of facts or circumstances that gives rise to the belief that a
child has suffered abuse may report the same, either orally or in writing, to the Department,
Police or any other law enforcement agency or to the Barangay Council for the Protection of
Children (BCPC).