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1. Who is a Child?
A term Child or Children in its plural form, is defined by Republic Act 7610 also
known as An Act Providing For Stronger Deterrence And Special Protection Against
Child Abuse, Exploitation And Discrimination, And For Other Purposes; refers to a
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;
2. Is a Child in Conflict with the Law criminally liable? Explain.
According to Section 6 of Republic Act 9344 also known as An Act Establishing
A Comprehensive Juvenile Justice And Welfare System, Creating The Juvenile Justice
And Welfare Council Under The Department Of Justice, Appropriating Funds Therefor
And For Other Purposes, a Child in Conflict with the Law" is not criminally liable.
A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child shall be subjected to
an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing laws.
3. Define Cruelty as understood under the provisions of Republic Act No. 7610.
Under the provisions of Republic Act No. 7610, cruelty is a kind of Child Abuse
which refers to the maltreatment, whether habitual or not; and the State to provides a
policy for special protection to children from all firms of such and 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 shall be penalized.
PCU-LAW
PCU-LAW