A BRIEF SURVEY OF THE LAW ON SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION

A BRIEF SURVEY OF THE LAW ON SPECIAL PROTECTION OF CHILDREN

AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION

                                            (REPUBLIC ACT 7610)

By: Judge Ray Alan T. Drilon

Executive Judge RTC, Bacolod City

Presiding Judge Family Court

The Philippines is a signatory to the UN convention on the rights of the child, and the passage of this law,  grants statutory protection to children, as a declared national policy.

What is the policy behind this law?

1. It provides special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination and other conditions prejudicial to their development.
2. It provides sanctions against these acts of abuse.
3. It provides program for prevention,  deterrence, and intervention against acts of child abuse.
4. It provides state intervention on behalf of the child in case a) the parent, guardian, teacher or person having care and custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination, or b)  when the parent guardian teacher or person having care and custody of the child commits such acts of abuse.
5. It upholds as paramount the best interest of the child in all actions concerning them.                       

Definitions

Who are children under this law?

Children are persons below 18 years of age

Persons who even over 18 year of age are unable to fully  take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation and discrimination, because of physical or mental disability or condition.

What is child abuse?

It refers to the maltreatment 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 deed or word, which debases, degrades or demeans the intrinsic worth and dignity of the child.
3. Unreasonable deprivation of basic needs for survival, such as food and shelter.
4. Failure to immediately give medical treatment to an injured child, resulting in serious impairment of his growth, and development or permanent incapacity or death.

What are the circumstances (situations) which gravely threaten or endanger the survival and normal development of children?

Children are in a place or community where there is armed conflict.

Children are working under conditions hazardous to life, safety, and morals.

Children are living  or fending for themselves in the streets,.

Children belonging to an indigenous cultural community, or living in extreme poverty.

Children are victims of natural or man-made disasters or calamity.

What comprises the program of services and facilities to protect children?

This refers to the following:

1. Child prostitution  and other sexual abuse.
2. Child trafficking.
3. Obscene publications and indecent shows.
4. Other acts of abuse.

The program should be formulated by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and the private sector.

WHAT ARE THE OFFENSES PUNISHABLE UNDER THE LAW?

These are the following:

1. Child Prostitution and other sexual abuse. Attempting to commit child prostitution.
2. Child Trafficking
3. Obscene Publications and Indecent Shows
4. Other acts of abuse not penalized under the Revised Penal Code
5. Prohibited Child labor.

When is a child deemed to be exploited in prostitution or other sexual abuse?

Children male or female who perform sexual intercourse or lascivious conduct, for money or any other consideration or due to coercion or influence of any adult or group are deemed exploited in child prostitution or other sexual  abuse.

What are the specific offenses in committing Child Prostitution and other sexual abuse?

The following acts are punishable offenses:

1. Promoting, engaging in, facilitating, or inducing child prostitution which include the following: a) Acting as procurer of child prostitute; b) Inducing a person to be a client of a child prostitute; c) Taking advantage of influence or relationship to procure a child as a prostitute; d) Threatening or using violence against a child to engage him or her as a prostitute; e) Giving money or any other consideration or benefit with the  intent to engage such child in prostitution.
2. Committing the act of sexual intercourse or lascivious conduct with the child exploited in prostitution or subjected to other sexual abuse.
3. Deriving profit or advantage as manager or owner, of the establishment where child prostitution takes place.

What is the penalty?

For offenses number 1-3 above, the penalty is reclusion temporal medium to reclusion perpetua.

If the child exploited is below 12 years of age, the offender shall be charged of rape under Articles 335 and 336 as the case may be, of the Revised Penal Code.

What is the offense of attempting to commit child prostitution?

There is an attempt to commit child prostitution when any person, who not being a relative of the child is found alone with the said child inside the room or cubicle of a house , inn, hotel, motel, pension house, apartelle or other similar establishments, vessel or vehicle or any other hidden or secluded area, under circumstances which would lead a reasonable person to believe that the child is, or about to be, exploited in prostitution.

The same offense is committed when any person is receiving services from a child in a sauna parlor, or bath, massage clinic, health club or other similar establishments.

Penalty is lower by two degrees of the prescribed penalty for child prostitution.

What is the offense of Child Trafficking?

Child Trafficking is the act of engaging and dealing with children including the act of buying and selling a child for money or any other consideration or barter.

Penalty is reclusion temporal to reclusion perpetua.

What is the offense of attempting to commit Child Trafficking?

There is attempt to commit Child Trafficking in the following cases:

1. When a child travels alone to a foreign country without valid reason, without clearance from the DSWD or written permit or justification from the child’s parents or legal guardian.
2. When a pregnant woman executes an affidavit of consent of adoption for a consideration.
3. When a person, agency, establishment or child caring institution recruits women or couples to bear children for the purpose of child trafficking.
4. When a person engages in the act of finding children among low income families, in hospitals, clinics, nurseries, day care centers or other child caring institution, who can be offered for the purpose of child trafficking.

  Penalty is two degrees lower than the penalty for Child Trafficking.

What is the offense of Obscene Publications and Indecent Shows?

It is the act of hiring, employing, using, persuading, inducing or coercing a child,  A) to perform in obscene exhibitions and indecent shows, whether live or in video, B) to pose or model in obscene publications or pornographic materials, C) to sell or distribute the said materials.

Penalty is prision mayor medium period.

If the child used as performer is below 12 years of age the maximum period shall be imposed.

A parent, guardian, or person entrusted with the care and custody of the child used in the committing the offense shall suffer the penalty of prision mayor medium.

What constitutes other acts of child Abuse?

1. This is committed by any person who commits any other acts of child abuse, cruelty, or exploitation or conditions prejudicial to the child’s development but not covered by the Revised Penal Code. Penalty is prison mayor.
2.  Any person who shall keep or have in his company a minor 12 years or under, or who is 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 or other tourist resort or similar places. Penalty prision mayor and fine of P50,000.00.
3. Exception: Relatives of the minor within the 4^th civil degree of consanguinity or affinity.
4. Any person who shall induce deliver, or offer a minor to anyone prohibited to keep or have in his company a minor. Penalty is prison mayor medium and fine of not less than P40,000.00. If the perpetrator is the ascendant, step parent or guardian of the minor, penalty is prision mayor and fine of not less than P50,000.00.
5. Any person, owner, manager, or one entrusted with the operation of any public or private place who allows the commission of this offense described in number 2.
6. Any person who shall use, coerce, force, or intimidate a child to: A) beg as a means of living, B) act as conduit or middleman in Drug Trafficking, C) conduct any illegal activity.

EMPLOYEMNT OF CHILDREN

Can children be employed?

Children below 15 years of age shall not be employed.

Exceptions;

1. When the child works directly under the sole responsibility of his parents or legal guardian provided the child’s employment does not endanger his life, safety, health and morals.
2. When a child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential, provided that the employment contract is concluded by the child’s parents or legal guardian and approved by the Department of Labor and Employment.

The use of children as models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco, and violence is prohibited.

Penalty is fine of not less than P10,000.00 or imprisonment of not less than 3 years or both at the court’s discretion.

CHILDREN IN SITUATIONS OF ARMED CONFLICT

Children are considered zones of peace, as such they :

1. Shall not be the object of attack and protected from threat, assault, torture or cruel or inhumane treatment.
2. Shall not be recruited to become members of the Armed Forces or its civilian component,  or other armed groups nor be allowed to take part in fighting or used as guides, couriers or spies.

In case of armed conflict children shall be given priority in evacuation.

Any child arrested during armed conflict is entitled to the following rights:

1. Separate detention from adults.
2. Immediate free legal assistance
3. Immediate notice of arrest to parents.
4. Release on recognizance of the DSWD.

In case of violation of this law who is the proper party to file the complaint?

These are the following:

1. The Offended party .
2. Parents or guardian.
3. Ascendants or collateral relatives within the 3^rd degree of consanguinity
4. Officer or social worker or representative of the child caring institution.
5. Officer or Social worker of the DSWD
6. Barangay Chairman
7. Responsible citizens.

A child victim may be placed under the protective custody of the DSWD.

CONFIDENTIALITY RULE.

At the instance of the offended party his or her name may be withheld from the public until the court acquires jurisdiction over the case.

It shall be unlawful for broadcast and print media to cause undue and sensationalized publicity of any case of violation of this law which result in the moral degradation and suffering if the offended party.

THANK YOU FOR YOUR ATTENTION AND GOD BLESS YOU.