SPECIAL PROTECTION OF

CHILDREN AGAINST ABUSE,

EXPLOITATION AND
DISCRIMINATION ACT

Republic Act 7610

By: Pros. Hyacinth T. Jadraque

SEC. 3. DEFINITION OF TERMS. –


“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;

 Prepared by: Pros. Jadraque

 (b) “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.
 
 Prepared by: Pros. Jadraque
 (c) “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 an 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 above-stated which endanger the

life, safety or normal development of children.

 Prepared by: Pros. Jadraque

 (d) “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.
 Prepared by: Pros. Jadraque
ARTICLE II
PROGRAM ON CHILD ABUSE, EXPLOITATION AND DISCRIMINATION

Sec. 4. Formulation of the Program. – There shall

be a comprehensive program to be formulated, by
the Department of Justice and the Department of
Social Welfare and Development in coordination with
other government agencies and private sector
concerned, within one (1) year from the effectivity of
this Act, to protect children against child prostitution
and other sexual abuse; child trafficking, obscene
publications and indecent shows; other acts of
abuse; and circumstances which endanger child
survival and normal development.
 Prepared by: Pros. Jadraque
ARTICLE III
CHILD PROSTITUTION AND OTHER SEXUAL ABUSE

Sec. 5. Child Prostitution and Other Sexual Abuse. – 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.
 The penalty of reclusion temporal in its medium period to reclusion

perpetua shall be imposed upon the following:

(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

 Prepared by: Pros. Jadraque

 (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 or lascivious conduct
with a child exploited in prostitution or subjected 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.

Prepared by: Pros. Jadraque

 Sec. 6. 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.
 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.

 Prepared by: Pros. Jadraque

ARTICLE IV
CHILD TRAFFICKING

Sec. 7. 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.

Prepared by: Pros. Jadraque

 Sec. 8. 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 hereof shall be imposed upon the
principals of the attempt to commit child trafficking under this Act.
 Prepared by: Pros. Jadraque
ARTICLE V
OBSCENE PUBLICATIONS AND INDECENT SHOWS

Sec. 9. 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.

 Prepared by: Pros. Jadraque

 ARTICLE VI
OTHER ACTS OF ABUSE


Sec. 10. 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
(P50,000.00): 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.
Prepared by: Pros. Jadraque
 (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 (P40,000.00); 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
(P50,000.00), 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 (P50,000.00), and the
loss of the license to operate such a place or establishment.
Prepared by: Pros. Jadraque
 (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

Prepared by: Pros. Jadraque

 (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 Articles 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.

Prepared by: Pros. Jadraque

ARTICLE VII
SANCTIONS FOR ESTABLISHMENTS OR ENTERPRISES

Sec. 11. 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.
 Prepared by: Pros. Jadraque
 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.

 Prepared by: Pros. Jadraque

ARTICLE VIII
WORKING CHILDREN

Sec. 12. Employment of Children. – Children below fifteen (15) years of

age may be employed except:
(1) When a child works directly under the sole responsibility of his parents
or legal guardian and where only members of the employer’s family are
employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall provide the said
minor child with the prescribed primary and/or secondary education; or
 (2) When a child’s employment or participation in public & entertainment

or information through cinema, theater, radio or television is essential:

Provided, The employment contract concluded by the child’s parent or
guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment: Provided,
That the following requirements in all instances are strictly complied with:
 (a) The employer shall ensure the protection, health, safety and morals of

the child;

 Prepared by: Pros. Jadraque

 (b) the employer shall institute measures to prevent the child’s
exploitation or discrimination taking into account the system
and level of remuneration, and the duration and arrangement of
working time; and
 (c) The employer shall formulate and implement, subject to the

approval and supervision of competent authorities, a continuing

program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be
employed, the employer shall first secure, before engaging
such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above
requirement.
 The Department of Labor and Employment shall promulgate

rules and regulations necessary for the effective

implementation of this Section.

Prepared by: Pros. Jadraque
 Sec. 13. Non-formal Education for Working Children. –
The Department of Education, Culture and Sports shall
promulgate a course design under its non-formal education
program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not
undergone or finished elementary or secondary education.
Such course design shall integrate the learning process
deemed most effective under given circumstances.


Sec. 14. Prohibition on the Employment of Children in

Certain Advertisements. – No person shall employ child
models in all commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco and its
byproducts and violence.

 Prepared by: Pros. Jadraque

 Sec. 15. Duty of Employer. – Every employer shall
comply with the duties provided for in Articles 108
and 109 of Presidential Decree No. 603.


Sec. 16. Penalties. – Any person who shall violate

any provision of this Article shall suffer the penalty
of a fine of not less than One thousand pesos
(P1,000) but not more than Ten thousand pesos
(P10,000) or imprisonment of not less than three (3)
months but not more than three (3) years, or both at
the discretion of the court: Provided, That, in case of
repeated violations of the provisions of this Article,
the offender’s license to operate shall be revoked.
 Prepared by: Pros. Jadraque
ARTICLE IX
CHILDREN OF INDIGENOUS CULTURAL COMMUNITIES

Sec. 17. Survival, Protection and Development. – In

addition to the rights guaranteed to children under this Act and
other existing laws, children of indigenous cultural communities
shall be entitled to protection, survival and development
consistent with the customs and traditions of their respective
communities.


Sec. 18. System of and Access to Education. – The

Department of Education, Culture and Sports shall develop and
institute an alternative system of education for children of
indigenous cultural communities which culture-specific and
relevant to the needs of and the existing situation in their
communities. The Department of Education, Culture and Sports
shall also accredit and support non-formal but functional
indigenous educational programs conducted by non-government
organizations in said communities.
 Prepared by: Pros. Jadraque
 Sec. 19. Health and Nutrition. – The delivery of basic social
services in health and nutrition to children of indigenous cultural
communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal
attention. In the provision of health and nutrition services to
children of indigenous cultural communities, indigenous health
practices shall be respected and recognized.


Sec. 20. Discrimination. – Children of indigenous cultural

communities shall not be subjected to any and all forms of
discrimination.
 Any person who discriminate against children of indigenous

cultural communities shall suffer a penalty of arresto mayor in its

maximum period and a fine of not less than Five thousand pesos
(P5,000.00) more than Ten thousand pesos (P10,000.00).

 Prepared by: Pros. Jadraque

 Sec. 21. Participation. – Indigenous
cultural communities, through their duly-
designated or appointed representatives
shall be involved in planning, decision-
making implementation, and evaluation of all
government programs affecting children of
indigenous cultural communities. Indigenous
institution shall also be recognized and
respected.

 Prepared by: Pros. Jadraque

ARTICLE X
CHILDREN IN SITUATIONS OF ARMED CONFLICT

Sec. 22. Children as Zones of Peace. – Children are hereby

declared as Zones of Peace. It shall be the responsibility of the
State and all other sectors concerned to resolve armed conflicts
in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled
to special respect. They shall be protected from any form of
threat, assault, torture or other cruel, inhumane or degrading
treatment;
 (b) Children shall not be recruited to become members of the

Armed Forces of the Philippines of its civilian units or other

armed groups, nor be allowed to take part in the fighting, or
used as guides, couriers, or spies;
 (c) Delivery of basic social services such as education, primary

health and emergency relief services shall be kept unhampered;

 Prepared by: Pros. Jadraque
 (d) The safety and protection of those who provide
services including those involved in fact-finding
missions from both government and non-
government institutions shall be ensured. They
shall not be subjected to undue harassment in the
performance of their work;
 (e) Public infrastructure such as schools, hospitals

and rural health units shall not be utilized for

military purposes such as command posts,
barracks, detachments, and supply depots; and
 (f) All appropriate steps shall be taken to facilitate

the reunion of families temporarily separated due

to armed conflict.
 Prepared by: Pros. Jadraque
 Sec. 23. Evacuation of Children During Armed Conflict. –
Children shall be given priority during evacuation as a result of
armed conflict. Existing community organizations shall be
tapped to look after the safety and well-being of children during
evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for
their safety and well-being.


Sec. 24. Family Life and Temporary Shelter. – Whenever

possible, members of the same family shall be housed in the
same premises and given separate accommodation from other
evacuees and provided with facilities to lead a normal family life.
In places of temporary shelter, expectant and nursing mothers
and children shall be given additional food in proportion to their
physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
 Prepared by: Pros. Jadraque
 Sec. 25. Rights of Children Arrested for
Reasons Related to Armed Conflict. – Any
child who has been arrested for reasons related
to armed conflict, either as combatant, courier,
guide or spy is entitled to the following rights;
(a) Separate detention from adults except where
families are accommodated as family units;
 (b) Immediate free legal assistance;

 (c) Immediate notice of such arrest to the

parents or guardians of the child; and

 Prepared by: Pros. Jadraque

 (d) Release of the child on recognizance within twenty-four (24)
hours to the custody of the Department of Social Welfare and
Development or any responsible member of the community as
determined by the court.
If after hearing the evidence in the proper proceedings the court
should find that the aforesaid child committed the acts charged
against him, the court shall determine the imposable penalty,
including any civil liability chargeable against him. However,
instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings and shall commit such child to the
custody or care of the Department of Social Welfare and
Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible
person, until he has had reached eighteen (18) years of age or, for
a shorter period as the court may deem proper, after considering
the reports and recommendations of the Department of Social
Welfare and Development or the agency or responsible individual
under whose care he has been committed.
 Prepared by: Pros. Jadraque
 The aforesaid child shall subject to visitation and supervision by a
representative of the Department of Social Welfare and Development
or any duly-licensed agency or such other officer as the court may
designate subject to such conditions as it may prescribe.
 The aforesaid child whose sentence is suspended can appeal from the

order of the court in the same manner as appeals in criminal cases.



Sec. 26. Monitoring and Reporting of Children in Situations of

Armed Conflict. – The chairman of the barangay affected by the
armed conflict shall submit the names of children residing in said
barangay to the municipal social welfare and development officer
within twenty-four (24) hours from the occurrence of the armed
conflict.

Prepared by: Pros. Jadraque

ARTICLE XI
REMEDIAL PROCEDURES

Sec. 27. Who May File a Complaint. – Complaints on

cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:
(a) Offended party;
 (b) Parents or guardians;

 (c) Ascendant or collateral relative within the third degree

of consanguinity;
 (d) Officer, social worker or representative of a licensed

child-caring institution;
 (e) Officer or social worker of the Department of Social

Welfare and Development;

 (f) Barangay chairman; or

 (g) At least three (3) concerned responsible citizens where

the violation occurred.

Prepared by: Pros. Jadraque
 Sec. 28. Protective Custody of the Child. – The offended party shall be
immediately placed under the protective custody of the Department of
Social Welfare and Development pursuant to Executive Order No. 56,
series of 1986. In the regular performance of this function, the officer of
the Department of Social Welfare and Development shall be free from any
administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.


Sec. 29. Confidentiality. – At the instance of the offended party, his

name may be withheld from the public until the court acquires jurisdiction
over the case.
 It shall be unlawful for any editor, publisher, and reporter or columnist in

case of printed materials, announcer or producer in case of television and

radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of
the offended party.

 Prepared by: Pros. Jadraque

 Sec. 30. Special Court Proceedings. – Cases
involving violations of this Act shall be heard in
the chambers of the judge of the Regional Trial
Court duly designated as Juvenile and Domestic
Court.
 Any provision of existing law to the contrary

notwithstanding and with the exception of

habeas corpus, election cases, and cases
involving detention prisoners and persons
covered by Republic Act No. 4908, all courts shall
give preference to the hearing or disposition of
cases involving violations of this Act.
Prepared by: Pros. Jadraque
ARTICLE XII
COMMON PENAL PROVISIONS


Sec. 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its
maximum period if the offender has been previously convicted
under this Act;
 (b) When the offender is a corporation, partnership or

association, the officer or employee thereof who is responsible

for the violation of this Act shall suffer the penalty imposed in
its maximum period;
 (c) The penalty provided herein shall be imposed in its

maximum period when the perpetrator is an ascendant, parent

guardian, stepparent or collateral relative within the second
degree of consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license has
expired or has been revoked;
 (d) When the offender is a foreigner, he shall be deported

immediately after service of sentence and forever barred from

entry to the country;
Prepared by: Pros. Jadraque
 (e) The penalty provided for in this Act shall be imposed
in its maximum period if the offender is a public officer or
employee: Provided, however, That if the penalty
imposed is reclusion perpetua or reclusion temporal, then
the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally,
That if the penalty imposed is prision correccional or
arresto mayor, the penalty of suspension shall also be
imposed; and
 (f) A fine to be determined by the court shall be imposed

and administered as a cash fund by the Department of

Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the
offense.
Prepared by: Pros. Jadraque
 C
H
I
L
D

A
B
U
S
E

PHYSI-
CAL/ EMO-
TIONAL
ABUSE
 C
H
I
L
D

A
B
U
S
E

NAME
CALLING
FORCING
A CHILD
TO
TOUCH
YOU
INAPPRO-
PRIATE-LY
 C
H
I
L
D

A
B
U
S
E

PSYCHOLO-
GICAL

ABUSE
Other
form of
neglect

C
H
I
L
D

ABUSE
POSSIBLE QUESTIONS:
  definition of child abuse
  relate to other crimes punished by the RPC

and was committed to a child

 who are liable
 Thank you!