 NOTE: Acknowledgment is given to

Ateneo Law School Center of Human

Rights for the inputs.
 Children are entitled to the full
range of human rights protections
 Features of the CRC
 The first UNIVERSAL LEGALLY
BINDING code of child rights in history
 MOST RATIFIED UN treaty/convention
 UNPRECEDENTED RAPIDITY in signing
and entry into force
 MOST COMPREHENSIVE International
human rights instrument
 INTERDEPENDENCE & INDIVISIBILITY of
children’s rights

 Lays down common standards but flexible

in implementation

 CULTURE SENSITIVE

 Incorporates NEW ATTITUDES towards

children
CONVENTION ON THE RIGHTS OF THE CHILD

… every human being BELOW

18 YEARS unless, under the
law applicable to the child,
majority is attained earlier.
CONVENTION ON THE RIGHTS OF THE CHILD

Non-discrimination

Best Interest of the Child

Parental Guidance and Evolving

Capacities of the Child

Right to Life and Maximum Survival

and Development

Respect for the Views of the Child

CONVENTION ON THE RIGHTS OF THE CHILD

SURVIVAL

DEVELOPMENT

PROTECTION

PARTICIPATION
CONVENTION ON THE RIGHTS OF THE CHILD

LIFE
ADEQUATE PARENTAL CARE
STANDARD of and SUPPORT
LIVING

SOCIAL
HEALTH and
SECURITY
PHYSICAL
DEVELOPMENT
CONVENTION ON THE RIGHTS OF THE CHILD

Right to a name, nationality and identity

Against … child abuse and maltreatment; child labor & economic exploitation;
sexual abuse & exploitation; dangerous drugs; child abduction, sale trafficking, illicit
transfer & non-return, and; other forms of exploitation.
CONVENTION ON THE RIGHTS OF THE CHILD

Information

Education

Play and Recreation

Participate in cultural
activities
 CONVENTION ON THE RIGHTS OF THE CHILD

Right to opinion/ to have

one’s views taken into
account
Right to freedom of
thought conscience Right to freedom of
& religion expression/
to obtain and impart
information

Right to be
heard in judicial & Right to
administrative freedom
of association
proceedings
 CONSTITUTION
Art. XV, Sec. 3

The State shall defend the right of children to

assistance including proper care and nutrition, and
special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to
their development.

Art. II, sec.13

Recognizes the vital role of the youth in nation-

building and shall promote and protect their physical,
moral, spiritual, intellectual and social well-being.
CHILD

Under 18

ABUSE
OVER 18
physical/mental
Incapacity
 VICTIM
RA 7610 (1992)
maltreatment, whether habitual or not

Psychological and physical abuse, neglect,

cruelty, sexual abuse and emotional

Child abuse maltreatment

act by deeds or words which debases,

degrades or demeans the intrinsic worth and
dignity of a child

Unreasonable deprivation of basic needs

Categories 1. Child Prostitution and Sexual Abuse

Of 2. Child Trafficking
Child Abuse 3. Obscene Publications and indecent shows
Child Prostitution and Other Sexual
Abuse

Children, whether male or female, who

for money or 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.
 Who are Liable?
A) Those who engage in or promote, facilitate or induce child
prostitution;
1. Acting as procurer of a child prostitute
2. Inducing a person to be a client of a child prostitute
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
5. Giving monetary consideration, goods etc to a child with intent to
engage such child in prostitution

B) Those who commit the act of sexual intercourse or lascivious

conduct with a child exploited in prostitution and other
sexual abuse;

C) Those who derive profit or advantage therefrom, whether as

manager or owner of the establishment where the
prostitution takes place.
 Supreme Court: Before an accused can be convicted of child
abuse through lascivious conduct on a minor below 12 years
of age, the requisites for acts of lasciviousness under Article
336 of the RPC must be met in addition to the requisites
for sexual abuse under Section 5 of Rep. Act No. 7610.  

The elements of sexual abuse under Section 5, Article III of

Rep. Act No. 7610 that must be proven in addition to the
elements of acts of lasciviousness are the following:
 

(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; and
 
(3)    The child, whether male or female, is below 18 years of
age.
Amployo v. People cont…

Supreme Court:

Section 5 of Rep. Act No. 7610 does not merely cover a

situation of a child being abused for profit, but also one in
which a child engages in any lascivious conduct through
coercion or intimidation. Intimidation need not necessarily be
irresistible.  It is sufficient that some compulsion equivalent to
intimidation annuls or subdues the free exercise of the will of
the offended party.
 Attempt to Commit Child
Prostitution

1) Any person not being a relative of a

child, is found alone with the said child
inside the room or cubicle of a house
2) Any person is receiving services from a
child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments
 Child Trafficking

Trading and dealing with children

including, but not limited to, the act of
buying and selling of children for money,
or for any consideration, or barter, shall
suffer the penalty of reclusion temporal to
reclusion perpetua.
Attempt to Commit Child Trafficking
1) Child travels alone to a foreign country without
valid reason therefore and without clearance
from the DSWD
2) Recruits women to bear children for the
purpose of child trafficking
3) Simulates birth
4) Engages in the act of finding children among
low- income families who can be offered for
the purpose of child trafficking
Obscene Publications and Indecent
Shows

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
 Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial
to the Child’s Development
(‘catch- all phrase’)
Ex. 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.
De Ocampo v. Sec. of Justice, G.R. No. 147932, Jan. 25, 2006
Petitioner, a teacher banged the heads of two students
against each other, eventually causing injury to one and death to
the other. The investigating prosecutor’s found probable cause for
homicide in relation to Section 10(a), Article VI of Republic Act No.
7610 and for violation of the same provision of RA 7610. 
Petitioner’s single act of allegedly banging the heads of
her students had two distinct victims, namely Ronald and
Lorendo.  Therefore, for Ronald’s death, petitioner is being
charged with homicide under Article 249 of the Revised Penal
Code in relation to Section 10(a), Article VI of RA 7610
punishable by reclusion perpetua. However, this does not mean
that petitioner is being charged with the distinct offenses of
homicide and child abuse for Ronald’s death. On the other
hand, for her cruelty to Lorendo, petitioner is being charged with
violation of Section 10(a), Article VI of RA 7610 punishable by
prision mayor in its minimum period.
 Procedure for Reporting and
Investigation of Child Abuse Cases
Physical/ File
reporting Home medical
visit exam
Complaint

Child
Sexual abuse abuse
Serious Physical Abuse
Involuntary
Life threatening neglect commitment

Appointment of
Protective custody CASA GAL
Who may report?
Any person may report

Mandatory
Health professionals,
teachers,
law enforcers,
brgy. Officials,
government workers
 Who may file?
(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of

consanguinity;

(d) Officer, social worker or representative of a licensed child-

caring institution;

(e) Officer or social worker of the Department of Social

Welfare and Development;

(f) Barangay chairman; or (g) At least three (3) concerned

responsible citizens where the violation occurred.
 SEXUAL ABUSE SHIELD RULE
 The following evidence is not admissible in
any criminal proceeding involving alleged
child sexual abuse:

 Evidence offered to prove that the alleged

victim engaged in other sexual behavior;
and
 Evidence offered to prove the sexual
predisposition of the alleged victim.
RA 8353 – Anti Rape Law ( 1997)
Sexual assault
Crime against Insert penis into mouth or
Person
Anal orifice
Any instrument or object into
Genital or anal orifice
Prosecution of Accused

Despite
Death penalty
Affidavit of Desistance
-Incestuous Rape

-Victim is under 7
RA 8505 (1998)
Rape Victim Assistance Act Investigation, medical examination,
preliminary investigation shall be
conducted by FEMALE OFFICER
Preamble of a complaint is not part
of the allegation
‘xxx real nature of the criminal charge
is determined not from the caption or the
preamble of the information, nor from the
specification of the provision of law
alleged to have been violated xxx but from
the actual recital of the facts as alleged in
the body of the information’ (People vs.
Madraga G.R. No. 129299)
 Sole Testimony of Minor is
sufficient is it meets the test of
credibility
Well- entrenched is the doctrine
which is founded on reason and
experience that when the victim testifies
that she has been raped, and her
testimony is credible, such testimony may
be the sole basis of conviction. (Pp. vs.
Bolatete GR No. 127570, Feb. 25, 1999)
Elements of the Offense must be
Alleged
The Supreme Court did not find the
allegation of ‘sexually abuse’ sufficient. The
gravamen of the crime of rape is carnal
knowledge or sexual intercourse between a man
and a woman under the circumstances
enumerated in the penal code. Thus, to sustain
a conviction, the complaint or information must
alleged that accused had carnal knowledge of or
sexual intercourse with the private complainant.
(Pp. vs. Flores, GR No. 128823- 24)
 Effect of Retraction
Mere retraction by a prosecution witness
does not necessarily vitiate the original
testimony. Testimony solemnly given in court
should not be set aside and disregarded lightly,
and before this can be done both the previous
testimony and the subsequent one should be
carefully compared and juxtaposed, the
circumstances under which each was made
carefully and keenly scrutinized, and the reasons
or motives for the change discriminately
analyzed. (Pp. vs. Mendoza, G.R. 109279)
RA 9208 Anti-Trafficking in Persons
( 2003)
recruitment, transportation, transfer or
harboring, or receipt of persons with
or without the victim's consent or
knowledge, within or
across national borders

trafficking threat or use of force, or

other forms of coercion,
or benefits to achieve the consent of a
person having control over
another person

purpose of exploitation
exploitation or
the prostitution of others or other forms of
sexual exploitation, forced labor or services,
slavery, servitude or the removal or
sale of organs.
RA 9262 Anti-Violence Against Women
and Children (2004)
ANY act or series of acts

-Wife,former wife, had sexual or dating relationship,

violence has common child

-Legitimate or illegitimate child

Result to physical, sexual, psychological harm or

suffering

Influence of
Public Drugs or alcohol Issuance of
offense Not a defense Protective Order
 Revised Penal Code

Parricide, infanticide, abortion, kidnapping,

failure to return a minor, inducing a minor
to abandon his home, seduction,
corruption of minors, forcible abduction.
Rule on Examination of
a Child Witness
1. to create and maintain an environment
that will allow children to give reliable
and complete evidence,
2. minimize trauma to children,
encourage children to testify in legal
proceedings,
3. and facilitate the ascertainment of
truth.
 No Minimum Age

It is settled that a child, regardless of

age, can be a competent witness if he can
perceive and, in perceiving, can make
known his perception to others and that
he is capable of relating truthfully the
facts for which he is examined. (People vs.
Pruna, G. R. No. 138471)
 TESTIMONIAL AIDS
 child may use dolls,
 anatomically-correct dolls,
 puppets, drawings,
 mannequins, or
 any other appropriate demonstrative
device to assist him in his testimony.
 MODE OF QUESTIONING
 The court shall exercise control over the questioning of
children so as to
 facilitate the ascertainment of the truth,
 ensure that questions are stated in a form appropriate to
the developmental level of the child,
 protect children from harassment or undue
embarrassment, and
 avoid waste of time.

 The court may allow the child witness to testify in a

narrative form.
 COMPETENCY
CHILD WITNESS RULE
 Every child is presumed qualified to be a witness;
 However, the court shall conduct a competency
examination of a child, motu proprio or on motion of
a party, when it finds that substantial doubt exists
regarding the ability of the child to perceive,
remember, communicate, distinguish truth from
falsehood, or appreciate the duty to tell the truth in
court;
 The procedure of the competency examinations are
set forth in sec. 6.
 CORROBORATION

 shall not be required of a testimony of a

child
 His testimony, if credible by itself, shall be
sufficient to support a finding of fact,
conclusion, or judgment
 Rule on Examination of Child Witness
(2000)
Victim, accused, witness

Child sensitive
courtroom
Use of new
Presumption of
technology
Competency of a
Child to testify Waiting area
Testimonial aids
Emotional security item
Live link Tv testimony
Guardian Ad Litem Screens,
Facilitator one-way mirror
Support person etc
Inclusion of Interpreter
persons
to assist Stricter rules on
the child Privacy and
Confidentiality
HEARSAY EXCEPTION IN CHILD
ABUSE CASES

 A statement made by a child describing

any act or attempted act of child abuse,
not otherwise admissible under the
hearsay rule, may be admitted in evidence
in any criminal or non-criminal proceeding
HEARSAY EXCEPTION IN CHILD
ABUSE CASES

 Before such hearsay statement may be admitted, its

proponent shall make known to the adverse party the
intention to offer such statement and its particulars to
provide him a fair opportunity to object;
 If the child is available, the court shall, upon motion of
the adverse party, require the child to be present at the
presentation of the hearsay statement for cross-
examination by the adverse party;
 When the child is unavailable, the fact of such
circumstance must be proved by the proponent.
HEARSAY EXCEPTION IN CHILD
ABUSE CASES

 the court shall consider the time, content

and circumstances thereof which provide
sufficient indicia of reliability.
The Juvenile Justice and
Welfare Act
of 2006

Republic Act 9344

 HISTORICAL BACKGROUND

• As early as 1993, bills aimed at promoting the rehabilitation of children in conflict

with the law (CICL) have been filed in Congress.

• In 1996, members of the Philippine Action for Youth Offenders (PAYO)

coordinated with the Council for the Welfare of Children (CWC) to facilitate the
drafting of measures to respond to the increasing number of children in conflict
with the law. The Ateneo Human Rights Center (AKAP-AHRC) was tapped to
draft a bill.
 HISTORICAL BACKGROUND

• In 2004, the Juvenile Justice Network Philippines or JJ Network was formed

to spearhead the lobbying for the passage of the law.

• In the 13th Congress, 10 bills authored by 35 representatives were filed. The

House Committee on Justice approved the consolidated version in April 26,
2005 and the Committee on Appropriations finally endorsed it for 2nd reading
in December 5, 2005. At the Senate, the seven juvenile justice bills filed were
consolidated and endorsed by three committees. After two months of plenary
discussions, the bill was approved and passed last December 6, 2005.

• The bill was ratified by both houses of Congress last March 22, 2006.
President Gloria Macapagal Arroyo signed it into law last April 28, 2006 and
a ceremonial signing was held last May 16, 2006.
 SALIENT FEATURES

Adoption of Restorative Justice Adoption of International Standards

(UN, CRC, Beijing Rules, Riyadh Guidelines etc.)

Non-discrimination

Best interest of the Child

me y

Co tec
nt
c

Pr
ve ten

m m t io
o
De mpe
lop

un n

Detention as a measure of last resort

ity
Co

and for the shortest possible time

Accountability
 SALIENT FEATURES

Increasing the age of criminal

responsibility from nine (9) to
fifteen (15) years old
Establishment of a Juvenile Justice
Determination of discernment and Welfare Council
if aged above 15 and below 18
 SALIENT FEATURES

Establishment of Comprehensive Establishment and strengthening of

Juvenile Intervention Program (LGUs Local Councils for the Protection of
from barangay to provincial level; 3 year comprehensive Children (comprehensive plan on delinquency
juvenile intervention program in coordination with prevention and its implementation; LGUs shall allocate
LCPCs) 1% of their IRA for its implementation)
 SALIENT FEATURES

Establishment of Community- Adoption of a system of

based programs on juvenile Diversion; implementation of
diversion programs
justice and welfare (primary, secondary
and tertiary intervention)
 SALIENT FEATURES

Exemption of minors from Exemption from the

prosecution for the crime of vagrancy imposition of the Death
and prostitution, mendicancy, and
Penalty
sniffing of rugby
 SALIENT FEATURES

Provision for child sensitive

Provision on Status Offenses -- any
proceedings (involvement of social workers and
conduct not considered an offense or not penalize if
participation of parents and guardians in the diversion
committed by an adult shall not be considered an offense
as well as court proceedings)
and shall not be punished if committed by a child (e.g.
curfew)

Imposition of appropriate
disposition measures – the Family Court
shall consider the personal circumstances of the child,
and other factors in the commission of the crime;
provision of care, guidance, supervision orders,
probation, community service orders, counseling, etc.
Thank you!!!