1.

Republic Act 7610

2. Republic of the Philippines COMMISSION ON HUMAN RIGHTS Child Rights Center
Region VI
3.
4.

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..

5.

PD 603, Article 3, # 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 the
right to be born well.

6.

Children - persons below 18 years of age or those over but are unable to 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.

7.

CHILD ABUSE - Refers to maltreatment, whether habitual or not, of the child which
includes any of the following;

Psychological and physical abuse, neglect, cruelty, sexual abuse and

emotional maltreatment;

Any act by deeds or words which debases, degrades or demeans the

intrinsic worth and dignity of a child as a human being;

8.

CHILD ABUSE - Refers to maltreatment, whether habitual or not, of the child which
includes any of the following;

Unreasonable deprivation of his basic needs for survival, such as food and
shelter

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

9.

Child Prostitution and other sexual abuse

Attempt to commit child prostitution

Child Trafficking

Attempt to commit child trafficking

Child pornography and indecent shows and publication

Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial
to the Childs Development

10.

Who are deemed to be children exploited in prostitution and other sexual abuse?

Children, whether male or female,

Who for money, profit, or other consideration or due to coercion or

influence of adult, syndicate or group

Indulge in sexual intercourse or lascivious conduct

11.

What is lascivious conduct?

Means the intentional touching, either directly or through clothing, of the

genitalia, anus, groin, breast, inner thigh, or buttocks; or any act of
lewdness;

Done with force or intimidation, fraudulent machination or grave abuse of

authority; or where the offended party is deprived of reason or otherwise
unconscious;

With intent to abuse, humiliate, harass, degrade the child, or arouse or

gratify the sexual desire of any person

Bestiality, masturbation, lascivious exhibition of the genitals or pubic area

of a person

12.

Who may be liable?

Those who engage in, or promote, facilitate or induce child prostitution which includes,
but are not limited to, the following:

acting as a procurer of a child prostitute

inducing a person to be a client of a child prostitute

taking advantage of influence or relationship to procure a child as a

prostitute

threatening or using violence towards a child to engage him as a prostitute

giving monetary consideration/pecuniary benefit

Penalty- Reclusion Temporal med-Reclusion Perpetua

13.

Those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution or subjected to other sexual abuse.

Penalty-same with Art. 335 and 336 of RPC except if victim is under 12 yrs (Rec.Temp.
med)

Those who derive profit or advantage therefrom -as manager or owner of the
establishment where the prostitution takes place/establishment serving as cover or which
engages in prostitution other than activity it was licensed for.

Penalty-Reclusion Temporal med-Reclusion Perpetua

14.

Any person, 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
establishment, vessel, vehicle or any other hidden or secluded area which would lead a

reasonable person to believe that the child is about to be exploited in prostitution and
other sexual abuse .

Any person, receiving services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments.

Penalty- 2 deg.lower than that prescribed for the consummated felony

15.

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.

Penalty-Reclusion Temporal-Reclusion Perpetua. If victim is under 12 years, maximum

period

16.

Allowing a child to travel alone to a foreign country

Pregnant womans execution of affidavit of consent to adoption of unborn child for

consideration

Recruitment of women or couples for child bearing for purposes of child trafficking

Simulation of birth by doctor, hospital, clinic official, etc. for the purpose of child
trafficking

Finding children among low-income families, hospitals etc. to sell

Penalty- 2 deg. Lower from the consummated felony

17. hire obscene exhibitions live or employ perform indecent shows in video use pose/model
Obscene publications pornographic materials Person persuade child induce sell pornographic
materials coerce distribute Penalty- Prision Mayor. If under 12 years, maximum period.
18.

19.

Any ascendant, guardian, or person entrusted in any capacity with 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 correspondents to the Philippine law.

Any person who shall commit any other acts of child abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to the childs development including those
covered by Art. 59 of PD 603, but not covered by the Revised Penal Code

Penalty- Prision Mayor Minimum

20.

Any person who shall keep or have in his company a minor, twelve (12) years or under or
who is 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.

Exception:Person related within the fourth degree of consanguinity or affinity or any

bond recognized by law, local customs and tradition or acts in the performance of a
social, moral or legal duty.

Penalty- Prision Mayor maximum and fine of not less than Php 50,000.00.

21.

Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A.
7610 as above described.

Penalty-Prision Mayor Medium and fine of not less than Php 50,00.00.

Any person, owner, manager or one trusted 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 such place or places any
minor herein described.

Penalty-Prision Mayor Medium and fine of not less than Php 50,000.00

22.

23.

Any person who shall use, coerce, force or intimidate a street child or any other child to:

beg or use begging as a means of living

act as conduit or middleman in drug trafficking or pushing

conduct any illegal activities.

Penalty- Prision Correccional Medium-Reclusion Perpetua

When victim is under 12 years and for purposes of this act, the penalties for Murder,
Homicide, other intentional mutilation, Serious Physical Injuries-Reclusion Perpetua.

For Qualified Seduction, acts of lasciviousness with consent, corruption of minors, white
slave trade- one degree higher than that imposed by law.

24.
25.

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 BCPC.

26.

The head of any private or public hospital, medical clinic and similar institution, as well
as the attending physician and nurse, shall report, either orally or in writing, to the
Department the examination and/or treatment of a child who appears to have suffered
abuse within 48 hours from knowledge of the same.

27.

It shall be the duty of all teachers and administrators in public schools, probation officers,
government lawyers, law enforcement officers, barangay officials, corrections officers
and other government officials and employees whose work involves dealing with
children to report all incidents of possible child abuse to the Department.

28.

Failure of the individuals mandatorily required to report, and the administrator or head of
the hospital, clinic or similar institution concerned to report a possible case of child abuse
shall be punishable with a fine of not more than two thousand pesos (P2,000.00)

29.

A person who, acting in good faith, shall report a case of child abuse shall be free from
any civil or administrative liability arising therefrom. There shall be a presumption that
any such person acted in good faith.

30.

Department to act within 48 hours upon the receipt of a reported incidence of child abuse

If the investigation discloses sexual abuse, serious physical injury or life threatening
neglect of the child, immediate removal of the child from his/her home and putting

him/her under protective custody will be the immediate action of the Departments
representative.
31.

Who may file a complaint?

Offended Party

Parents or Guardians

Ascendant or collateral relative within 3 rd degree of consanguinity

Officer, social worker or representative of a licensed child-caring

institution

Officer or social worker of the DSWD

Barangay Chairman, or

Three (3) concerned, responsible citizens where the offense was

committed