STATE LEVEL

DOMESTIC
RA 7610 "Special Protection of Children
Against Abuse, Exploitation and
Discrimination Act."
Sec. 2 RA 7610

Special protection to children

All forms of abuse
Neglect and Cruelty
Exploitation and Discrimination
Other conditions prejudicial to their development
Sec. 2 RA 7610

Sanctions
Programs
Prevention and Deterrence
Crisis intervention
Protect and rehabilitate endangered children
Best Interest of Children paramount consideration in all
actions
Republic Act No. 9231 Anti-Child
Labor Law
Republic Act No. 9231 Anti-Child
Labor Law
Specifically limits the employment of children below 15
years old, restricts the hours of work of working children,
expands working childrens access to education, social,
medical and legal assistance.
Child Labor - a rigid social problem the world over,
widespread
Republic Act No. 9231 Anti-Child
Labor Law
Child labor concerns started as early as 1923
Act No. 3071 enacted
RPC contains several provisions barring certain types of child work
Exploitation of Child Labor (Article 273)
Exploitation of Minors (Article 278).
Other provisions of the RPC relating to slavery, prostitution, corruption, illegal
detention, and kidnapping of minors are all applicable to child workers
Republic Act No. 9231 Anti-Child
Labor Law
- R.A. 679 The Women and Child Labor Law imposed age limits
and undertakings

- P.D. 603 Child and Youth Welfare Code terms and conditions of
employment

R.A. 7610 provided for stricter regulation and prohibitions

Republic Act No. 9231 Anti-Child
Labor Law
MAIN CAUSES: Poverty, Educational Status, Population
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
"Juvenile Justice and Welfare System"
system dealing with children at risk and children in conflict with the law,
child-appropriate proceedings
to ensure their normal growth and development.
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
Article 40 of the United Nations Convention on the Rights of the Child
State recognizes the right of every child alleged as, accused of, adjudged, or
recognized as having infringed the penal law to be treated in a manner
consistent with the promotion of the child's sense of dignity and worth, taking
into account the child's age and desirability of promoting his/her reintegration
State shall adopt measures for dealing with such children without resorting to
judicial proceedings, providing that human rights and legal safeguards are fully
respected
It shall ensure that children are dealt with in a manner appropriate to their well-
being by providing for, among others, a variety of disposition measures such as
care, guidance and supervision orders, counseling, probation, foster care,
education and vocational training programs and other alternatives to
institutional care.
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
The State shall apply the principles of restorative
justice in all its laws, policies and programs
applicable to children in conflict with the law.
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
"Child at Risk" refers to a child who is vulnerable to and at the risk of
committing criminal offenses
"Child in Conflict with the Law" refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under
Philippine laws.
"Diversion" refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict with
the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal
court proceedings.
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
RA 9344 - progressive step towards a more restorative and child-
oriented juvenile justice system

Before the law was passed, thousands of children were detained in

adult jails and treated no differently from hardened criminals. They
were exposed to subhuman conditions.

70 percent of the children had committed petty offenses and 80

percent were first- time offenders
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
PD 603
Child and Youth Welfare Code first law enacted that provides for the rights
and duties of a child or minor and its parents.
youthful offender is one who is over nine years but under twenty-one years of
age at the time of the commission of the offense
. A child nine years of age or under at the time of the offense shall be exempt
from criminal liability
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
PD 1210
Amended PD 603
clarified and strengthened so as to promote their effectiveness in dealing with
juvenile delinquency more in particular with youthful offenders involved in
offenses triable by the Military Tribunals.
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
RA 9344
children 15 years of age and under are exempt from criminal liability and those
above 15 (plus one day) and below 18 years of age are exempt unless they act
with discernment
Children above 15 and below 18 years old who have committed a crime with
discernment punishable with not more than 12 years of imprisonment shall
undergo diversion.
If a child is under 18 years old during the time of commission and found guilty
of the crime the judgments will not be pronouncedyet and the sentence will be
suspended
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
RA 10630
retained the age of criminal responsibility at above 15 years of age but
strengthened interventions particularly for those 12-15 years of age
committing serious crimes and those that are repeat offenders

also provides for the establishment of Bahay Pag-asa centers. They are
funded and managed by local government units or accredited NGOs
and provide shelter, intervention and support services to children in
conflict with the law

The law would impose the maximum penalty for those who exploit
children such as syndicates, for the commission of criminal offenses.
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
CHILD IN CONFLICT WITH THE LAW
(JUVENILE JUSTICE AND WELFARE)
There are over 11,000 Filipino children in conflict with the law, the JJWC reported.
Most of them come from low-income families.
Inhumane environment,
Unaccredited shelters most built like prisons, chain like fences
Rule on Examination of a Child Witness

OBJECTIVES
create and maintain an environment that will allow children to give reliable and
complete evidence
minimize trauma
encourage to testify
Rule on Examination of a Child Witness

liberally construed to uphold the best interests of the child and to promote
maximum accommodation of child witnesses without prejudice to the constitutional
rights of the accused.
Guardian ad litem is appointed by court to promote the best interest of the child
An interpreter and a facilitator may be availed
Testimonial aid and emotional items may be used by the child witness
Rule on Examination of a Child Witness

Sec. 6. Competency. Every child is presumed qualified to be a witness

Sec. 8. Examination of a child witness. The examination of a child witness

presented in a hearing or any proceeding shall be done in open court.

Sec. 13. Courtroom environment.

To create a more comfortable environment for the child
The child may be allowed to testify from a place other than the witness chair
Rule on Examination of a Child Witness

Sec. 19. Mode of questioning. The court shall exercise control over the questioning
of children so as to
(1) facilitate the ascertainment of the truth;
(2) ensure that questions are stated in a form appropriate to the
developmental level of the child;
(3) protect children from harassment or undue embarrassment; and
(4) avoid waste of time.
Rule on Examination of a Child Witness

Sec. 20. Leading questions. The court may allow leading questions
in all stages of examination of a child if the same will further the
interests of justice.

Sec . 21. Objections to questions. Objections to questions should be

couched in a manner so as not to mislead, confuse, frighten, or
intimidate the child.
Rule on Examination of a Child Witness

Sec. 23. Excluding the public.

exclusion from the courtroom of all persons, including members of the press,
who do not have a direct interest in the case.
to protect the right to privacy of the child
exclude the public from trial, except court personnel and the counsel of the
parties.
Rule on Examination of a Child Witness

Sec. 25. Live-link television testimony in criminal cases where the child is a victim
or a witness.
It shall consider the following factors:
chanroblesvirtuallawlibrary

(1) The age and level of development of the child;

(2) His physical and mental health, including any mental or physical disability;
(3) Any physical, emotional, or psychological injury experienced by him;
(4) The nature of the alleged abuse;
(5) Any threats against the child;
(6) His relationship with the accused or adverse party;
Rule on Examination of a Child Witness

(7) His reaction to any prior encounters with the accused in court or elsewhere;
(8) His reaction prior to trial when the topic of testifying was discussed with him
by parents or professionals;
(9) Specific symptoms of stress exhibited by the child in the days prior to
testifying;
(10) Testimony of expert or lay witnesses;
(11) The custodial situation of the child and the attitude of the members of his
family regarding the events about which he will testify; and
(12) Other relevant factors, such as court atmosphere and formalities of court
procedure.
Rule on Examination of a Child Witness

The court may order that the testimony of the child be taken by live-link television if
there is a substantial likelihood that the child would suffer trauma from testifying in
the presence of the accused, his counsel or the prosecutor as the case may be

trauma must be of a kind which would impair the completeness or truthfulness

of the testimony of the child

Sec . 26. Screens, one-way mirrors, and other devices to shield child from accused.
in such a manner that the child cannot see the accused while testifying
Rule on Examination of a Child Witness

Sec . 28. 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
In ruling on the admissibility of such hearsay statement, the court shall
consider the time, content and circumstances thereof which provide
sufficient indicia of reliability.
motive to lie, general character, more than one person heard the statement,
spontaneous statements, possibility of faulty recollection, other circumstances
Rule on Examination of a Child Witness

Sec . 30. Sexual abuse shield rule.

following evidence is not admissible
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.
Rule on Examination of a Child Witness

Sec . 31. Protection of privacy and safety.

Confidentiality of records
Protective order
additional orders to protect the privacy
Publication of identity contemptuous.
Destruction of videotapes and audiotapes
Records of youthful offender - privileged
"There can be no keener revelation of a society's soul
than the way in which it treats its children."
Nelson Mandela, Former President of South Africa