Republic Act No. 7610 entitled “"Special
Protection of Children Against Abuse, Exploitation and Discrimination Act” was
enacted on June 17, 1992. The law is
also sometimes referred to as the Anti-Child Abuse Act and provides special
protection to children from all forms of abuse, neglect, cruelty exploitation
and discrimination and other conditions, prejudicial to their development;
provides sanctions for their commission and carry out a program for prevention
and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination.
This is anchored under the
principle of parens patriae, where the State should intervene on behalf of the
child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation
and discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person having care and custody of the same.
It is the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or will affect
their survival and normal development and over which they have no control.
The law further states that the best interests of children
shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the
principle of First Call for Children as enunciated in the United Nations Convention
of the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy
life.
The law defines the following terms as follows:
"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 a physical or mental disability or condition;
"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.
"Circumstances which gravely threaten or endanger the
survival and normal development of children" include, but are not limited
to, the following;
(1) Being in a community where there is armed conflict or
being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a guardian or basic
services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or
living under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic services needed
for a good quality of life;
(5) Being a victim of a man-made or natural disaster or
calamity; or
(6) Circumstances analogous to those abovestated which
endanger the life, safety or normal development of children.
"Comprehensive program against child abuse,
exploitation and discrimination" refers to the coordinated program of
services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival
and normal development of children.
The law punishes the following acts:
1. Child Prostitution and Other Sexual Abuse as follows:
(a) Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other similar means;
(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; or
(5) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims is under twelve (12) years of
age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for
rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and
(c) Those who derive profit or 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.
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 (Section 5).
2. Attempt to Commit Child Prostitution
There is an attempt
to commit child prostitution under Section 5, paragraph (a) hereof when 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 (Section 5).
There is also an attempt to commit child prostitution, under
paragraph (b) of Section 5 hereof when any person is receiving services from a
child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the
consummated felony under Section 5 hereof shall be imposed upon the principals
of the attempt to commit the crime of child prostitution under this Act, or, in
the proper case, under the Revised Penal Code.
3. Child Trafficking.
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
(Section 7).
4. Attempt to Commit Child Trafficking. –
There is an attempt to commit child trafficking under
Section 7 of this Act:
(a) When a child travels alone to a foreign country without
valid reason therefor 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.
A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 shall be imposed upon the principals of the
attempt to commit child trafficking under this Act. (Section 8)
5. Obscene Publications and Indecent Shows.
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 shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor
is below twelve (12) years of age, the penalty shall be imposed in its maximum
period.
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 covered by this section shall suffer the penalty of prision mayor in its
medium period (Section 9).
6. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's Development. –
(a) 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 including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal
Code, as amended, shall suffer the penalty of prision mayor in its minimum
period.
(b) Any person who shall keep or have in 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 shall suffer the penalty of prision mayor in its maximum period
and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this
provision shall not apply to any person who is related within the fourth degree
of consanguinity or affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.
(c) 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 as
provided in the preceding paragraph shall suffer the penalty of prision mayor
in its medium period and a fine of not less than Forty thousand pesos
(P40,000); Provided, however, That should the perpetrator be an ascendant,
stepparent or guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
(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 herein
described shall be imposed a penalty of prision mayor in its medium period and
a fine of not less than Fifty thousand pesos (P50,000), and the loss of the
license to operate such a place or establishment.
(e) 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, shall suffer the penalty
of prision correccional in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of
acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1
of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder,
homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under twelve (12)
years of age. The penalty for the commission of acts punishable under Article
337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for
the crimes of qualified seduction, acts of lasciviousness with the consent of
the offended party, corruption of minors, and white slave trade, respectively,
shall be one (1) degree higher than that imposed by law when the victim is
under twelve (12) years age.
The victim of the acts committed under this section shall be
entrusted to the care of the Department of Social Welfare and Development (Section 10).
Sanctions of Establishments or Enterprises which Promote,
Facilitate, or Conduct Activities Constituting Child Prostitution and Other
Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and
Other Acts of Abuse.
All establishments and enterprises which promote or facilitate
child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be immediately
closed and their authority or license to operate cancelled, without prejudice
to the owner or manager thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws. A sign with the words
"off limits" shall be conspicuously displayed outside the
establishments or enterprises by the Department of Social Welfare and Development
for such period which shall not be less than one (1) year, as the Department
may determine. The unauthorized removal of such sign shall be punishable by
prision correccional.
An establishment 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 under this
Act or in violation of the Revised Penal Code, as amended. An enterprise such
as a sauna, travel agency, or recruitment agency which: promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children
in a lewd or indecent show; provides child masseurs for adults of the same or
opposite sex and said services include any lascivious conduct with the
customers; or solicits children or activities constituting the aforementioned
acts shall be deemed to have committed the acts penalized herein (Section 11).