REPUBLIC ACT NO.

7610
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION ACT
 WHAT IS CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION?
Child Abuse is now defined
specifically under Republic Act
No. 7610 otherwise known as
the SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND
DICRIMINATION ACT which took
effect on August 1992.
WHAT IS CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION?
This was passed promoting the
policy of the state to protect and
rehabilitate children gravely
threatened and endangered by
circumstances that will affect their
survival and normal development
and over which they have no
control.
CHILD ABUSE as defined in this law is
a form of MALTREATMENT of the
child, whether habitual or not, and
which may be committed in
various forms.
WHAT IS CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION?
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;
WHAT IS CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION?
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 and in his permanent
incapacity or death;
 CHILD ABUSE
R.A. No.7610 does not limit
child abuse to offenses
perpetrated by persons
under whose care the
victim is committed. The
definition covers all
abusive acts of ANY
PERSON.
 CHILD ABUSE
By this reason, child abuse
under R.A. No. 7610 per se
is not punished as distinct
and separate crime but is
subsumed by ordinary
crimes. Hence, sexual
abuse of the father is
covered under the crime of
rape. The relationship of
the offender to the victim
serves merely as a
circumstance that
aggravates the act.
 PENAL LAWS
Some forms of child abuse
are punishable under the
Revised Penal Code.
Child battering may be
punished under Physical
injuries. Sexual abuse is
punished under RAPE, Acts
of Lasciviousness, Rape and
Seduction.
Verbal or physical assault
which debase the dignity of
the child may be basis for
prosecution under Libel and
Slander by Deed.
 PENAL LAWS
Persons in charge of the
custody of children below
7 years old of age who
abandons him to put his
life in danger as to result
in his death are guilty of
abandoning a minor
under Article 276 of the
Revised Penal Code (RPC).
 PENAL LAWS
A person upon whose care
a child is entrusted,
delivers said child to an
institution without the
consent of the person
who entrusted the child
shall be guilty of
Abandonment of a Minor
by a Person Entrusted
With His Custody (Art.
277, RPC)
 OTHER FORMS OF
CHILD ABUSE
Criminal Liability of Parents
1. Abandon the child under such
circumstances as to deprive
him of the love, care and
protection he needs.
2. Neglect the education of the
child or to give him the
education which the family’s
status permits.
3. Fails or refuses to enrol the
child without justifiable
grounds;
 OTHER FORMS OF
CHILD ABUSE
4. Causes, abates or permits
the truancy of a child from
school where he is enrolled.
Truancy means absence
without cause for more
than twenty school days,
not necessarily consecutive.
5. Improperly exploit the child
by using him, directly or
indirectly, such as, for
purposes of begging and
other acts which are
inimical to his interest and
welfare; or
 OTHER FORMS OF
CHILD ABUSE
6. Inflict cruel and unusual
punishment or subject him
deliberately to indignation
and other excessive
chastisements that
embarrass or humiliate;
7. Cause or encourage the
child to lead an immoral or
dissolute life;
 OTHER FORMS OF
CHILD ABUSE
8. Permits the child to possess
handle or carry a deadly
weapon regardless of
ownership;
9. Allows or requires the child
to drive without license or
with a license which the
parent knows to have been
illegally possessed.
 OTHER FORMS OF
CHILD ABUSE
The acts are punishable by
imprisonment from two to
six months and a fine not
exceeding five hundred
pesos or both at the
discretion of the court.
SEXUAL ABUSE AND EXPLOITATION
Sexual Abuse
1. Where children are victims of
Rape and Sexual Assault;
2. Child Prostitution, which
refers to the commercial
activity where children are
used to offer their bodies to
satisfy the lust and desires of
clients; and
3. Pornography where children
are used in shows, movies,
prints and commercial
advertisements as object of
sex without physical contact.
 SEXUAL ABUSE
AND EXPLOITATION RAPE as defined and
punished under Article
266-A and 266-B of the
Revised Penal Code
pursuant To R.A. No.
8353.
Rape: When And How
Committed. - Rape is
committed:
1) By a man who shall
have carnal knowledge of
a woman under any of the
following circumstances:
 SEXUAL ABUSE
AND EXPLOITATION a) Through force, threat, or
intimidation;
b) When the offended party is
deprived of reason or
otherwise unconscious;
c) By means of fraudulent
machination or grave abuse
of authority; and
d) When the offended party
is under twelve (12) years
of age or is demented, even
though none of the
circumstances mentioned
above be present.
SEXUAL ABUSE AND EXPLOITATION
2) By any person who, under
any of the circumstances
mentioned in paragraph 1
hereof, shall commit an act
of sexual assault by
inserting his penis into
another person's mouth or
anal orifice, or any
instrument or object, into
the genital or anal orifice
of another person.
SEXUAL ABUSE AND EXPLOITATION
PENALTY for Rape by sexual
assault is reclusion perpetua.
Whenever the rape is
committed with the use of a
deadly weapon or by two or
more persons, the penalty shall
be reclusion perpetua to death.

"When by reason or on the

occasion of the rape, the victim
has become insane, the penalty
shall become reclusion perpetua
to death.
SEXUAL ABUSE AND EXPLOITATION
"When the rape is attempted
and a homicide is
committed by reason or on
the occasion thereof, the
penalty shall be reclusion
perpetua to death.

"When by reason or on the

occasion ofthe rape,
homicide is committed, the
penalty shall be death.
SEXUAL ABUSE
AND The death penalty shall also
be imposed if the crime of
EXPLOITATION rape is committed with any
of the following
aggravating/qualifying
circumstances:
"l) When the victim is under
eighteen (18) years of age
and the offender is a
parent, ascendant, step-
parent, guardian, relative by
consanguinity or affinity
within the third civil degree,
or the common-law spouse
of the parent of the victim;
SEXUAL ABUSE
AND
EXPLOITATION "2) When the victim is
under the custody of the
police or military authorities
or any law enforcement or
penal institution;
"3) When the rape is
committed in full view of
the spouse, parent, any of
the children or other
relatives within the third
civil degree of
consanguinity;
SEXUAL ABUSE
AND
"4) When the victim is a
EXPLOITATION religious engaged in
legitimate religious
vocation or calling and is
personally known to be
such by the offender
before or at the time of
the commission of the
crime;

"5) When the victim is a

child below seven (7)
years old;
SEXUAL ABUSE AND
EXPLOITATION "6) When the offender knows that
he is afflicted with the Human
Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other
sexually transmissible disease and
the virus or disease is transmitted
to the victim;
"7) When committed by any
member of the Armed Forces of
the Philippines or para-military
units thereof or the Philippine
National Police or any law
enforcement agency or penal
institution, when the offender took
advantage of his position to
facilitate the commission of the
crime;
SEXUAL ABUSE AND
"8) When by reason or on the
EXPLOITATION occasion of the rape, the victim
has suffered permanent physical
mutilation or disability;

"9) When the offender knew of

the pregnancy of the offended
party at the time of the
commission of the crime; and

"10) When the offender knew of

the mental disability, emotional
disorder and/or physical
handicap of the offended party
at the time of the commission of
the crime.
SEXUAL ABUSE AND RAPE of children below
EXPLOITATION twelve is considered
Statutory Rape, even if
done with consent or
without using force or
intimidation. The
underlying reason is
children below twelve
cannot give valid consent.
Penalty is DEATH.
SEXUAL ABUSE AND
EXPLOITATION If child is at least 12 of age and
had consented to sexual
intercourse with a person in
public authority, an
ascendant, a descendant, a
guardian, a teacher, a priest
or any person who had been
entrusted with the education
and custody of the child will
constitute the crime of
qualified seduction under
Art. 337 of the Revised Penal
Code. – Reason is there is
abuse of confidence and
authority by reason of his
relationship with the victim.
SEXUAL ABUSE AND
If there is no abuse authority but
EXPLOITATION there is deceit employed by the
offender, he will be criminally
liable for simple seduction. The
crime however can only be
prosecuted if the victim is a
virgin and with good
reputation.
Rape under paragraph 1 may be
committed only on a female
except for paragraph 2 aswhich
can be committed by any
person by inserting his penis
into another person's mouth or
anal orifice, or any instrument
or object, into the genital or
anal orifice of another person.
SEXUAL ABUSE AND
Acts of Lasciviousness
EXPLOITATION
(1)that the offender commits
any act of lasciviousness or
lewdness; and
(2) that it is done under any of
the following circumstances:
(a) by using force or
intimidation;
(b) when the offended woman
is deprived of reason or
otherwise unconscious; or
(c) when the offended party is
under twelve (12) years of
age.
SEXUAL ABUSE AND The term “lewd” is commonly
defined as something
EXPLOITATION
indecent or obscene; it is
characterized by or
intended to excite crude
sexual desire. That an
accused is entertaining a
lewd or unchaste design is
necessarily a mental
process the existence of
which can be inferred by
overt acts carrying out such
intention, i.e., by conduct
that can only be
interpreted as lewd or
lascivious.
SEXUAL ABUSE AND
EXPLOITATION The presence or absence
of lewd designs is inferred
from the nature of the
acts themselves and the
environmental
circumstances. What is
or what is not lewd
conduct, by its very
nature, cannot be
pigeonholed into a
precise definition.
SEXUAL ABUSE AND
EXPLOITATION
Acts of lasciviousness can be
committed against any
sex. THE crime is
penalized by prision
correctional. In addition if
there is consent to the act,
girls below 18 but over 12
of age can file cases for
acts of lasciviousness with
consent under Art. 339 of
the Revised Penal Code.
 CHILD
Child Prostitution as defined
PROSTITUTION by R.A. No. 7610 as any
activity whereby children,
whether male or female,
indulge in sexual intercourse
or lascivious conduct for
profit or any other
consideration of due to
coercion or influence of any
adult. The law does not
penalize those children
involved in prostitution only
those who exploited the
children
 CHILD
Child Prostitution as defined
PROSTITUTION by R.A. No. 7610 as any
activity whereby children,
whether male or female,
indulge in sexual intercourse
or lascivious conduct for
profit or any other
consideration of due to
coercion or influence of any
adult. The law does not
penalize those children
involved in prostitution only
those who exploited the
children
 CHILD Who are penalized?
PROSTITUTION 1.Those who promote or
facilitate 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;
 CHILD • Taking advantage of
PROSTITUTION influence or relationship to
procure a child as a
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 the intent to engage
such child in prostitution.
 CHILD 2. Those who actually commit
PROSTITUTION sexual intercourse with the
child.
Person who commit carnal
knowledge with child
prostitute below 12 is guilty of
RAPE. But in R.A. No. 7610,
any person who engages in
sexual activity with child
below 18 but over 12 is
prosecuted for crime of child
prostitution.
If no sexual intercourse, acts of
lasciviousness
 CHILD 3. Those who derive or
PROSTITUTION advantage therefrom.
Those who promote child
prostitution and those who
derive profit or advantage
thereform as well as those
who commit sexual activity.
 CHILD Those who derive profit or
PROSTITUTION 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.
Child Pornography refers to the use, exhibition
and depiction of children as mere objects of
obscenity, immorality and indecency in live
shows, movies, television, newspapers,
magazines and other forms of media.
R.A. No.7610 penalizes any person who shall hire,
employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent
shows whether live or video, pose or model in
obscene publications or pornographic materials or
to sell or distribute the said materials.
The law prohibits the employment of children as
model in all commercials or advertisement
promoting alcohol beverages, intoxicating drinks,
tobacco and its by products and violence.
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, or
barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty
shall be imposed in its maximum period when
the victim is under twelve (12) years of age.
Sale of children involves the actual transfer and
delivery of custody or ownership of children
by the person who has actual custody over
the children into hands of another person and
that the other person obligates to pay, in
exchange, a certain sum of money.
Child Trafficking – involves a more habitual
trading of children whereby the buying and
selling become more of a business venture.
The trafficker is actually a middleman
facilitating the barter and exchange of
children.
Purpose or motive of sale of children varies. It may be for
prostitution as in the case of a provincial lasses are
abducted and are brought in prostitution in the urban
places. Some children, infants in particular are sold to
childless couples and some are adopted to become
organ donors. The inter country adoption Act of 1995
or R.A. No. 8043 provides safeguards to prevent child
trafficking cloaked with legality through adoption
proceedings.
Attempt to Commit Child Trafficking. – There is an
attempt to commit child trafficking under Section 7
of R.A. No.7610
• (a) When a child travels 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;
• (c) When a person, agency, establishment or child-
caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
• (d) 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
• (e) When a 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.
As quoted from Kenny Guinn:
“I believe the best service to the child
is the service closest to the child
, and children who are victims of neglect,
abuse
, or abandonment must not also be victims of
bureaucracy. They deserve our devoted atte
ntion, not our divided attention.
”