RA 7610: Anti Child Abuse Law

Mr. Cesar Jose Francisco Mr. Ryan Robert Flores

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Republic Act 7610:AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSESFOR OTHER PURPOSESFOR OTHER PURPOSESFOR OTHER PURPOSES


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RA 7610 An Act Providing foRA 7610 An Act Providing foRA 7610 An Act Providing foRA 7610 An Act Providing for Str Str Str Stronger Deterrence and Special ronger Deterrence and Special ronger Deterrence and Special ronger Deterrence and Special

Protection against Child Abuse, Exploitation, and Discrimination and Protection against Child Abuse, Exploitation, and Discrimination and Protection against Child Abuse, Exploitation, and Discrimination and Protection against Child Abuse, Exploitation, and Discrimination and for other Purposesfor other Purposesfor other Purposesfor other Purposes

“Anti-Child Abuse Law”

Elements:Elements:Elements:Elements:

1) Committed against children

Who are considered children?

- Persons below 18 years of age OR

- Over 18 but are unable to fully take care of themselves or protect

themselves

2) There is abuse, neglect, cruelty, exploitation, or discrimination

Punishable ActsPunishable ActsPunishable ActsPunishable Acts

1) Child Abuse- maltreatment, whether habitual or not, of the child

which includes any for the following:

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

abuse and emotional maltreatment;

b. Any act by deeds or words which debases, degrades, or

demeans the intrinsic worth and dignity of a child as a

human being;

c. Unreasonable deprivation of his basic needs for survival,

such as food and shelter; or

d. 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.


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2) Child prostitution and other Sexual Abuse

Elements:

a. Children, whether male or female

b. For money OR profit OR any other consideration OR due to

coercion OR influence

c. Of any ADULT, SYNDICATE, or GROUP

d. Indulge in sexual intercourse or lascivious conduct

3) Attempt to Commit Child Prostitution-

a. Attempt under Par. A, Sec 5

i. Any person, not relative of a child

ii. Found alone with the child

iii. In a room, cubicle of a house, inn, hotel, motel, etc

iv. Under circumstances which would lead a reasonable

person to believe that the child is about to be exploited

in prostitution and other sexual abuse.

b. Attempt under Par. B, Sec 5

i. Any person

ii. Receiving services from a child

iii. In a sauna parlor or batch, massage clinic, health club,

etc.

4) Child Trafficking

Elements:

a. Any person who shall engage in

b. Trading and dealing with children including, but not limited

to, the act of buying and selling a child for money, and for

any other consideration, or barter.

5) Attempt to Commit Child Trafficking


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a. When a child travels alone to a foreign country without a

valid reason therefore and without clearance from the

DSWD or written permit or justification from the child’s

parents or legal guardian;

b. Person, agency, establishment, or child-caring institution

recruits women or couples to be children for the purpose of

child trafficking; or

c. 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

d. When a person engages in the act of finding children among

low-income families, hospitals, clinics, nurseries, day-care

centers, or other child-caring institutions who can be offered

for the purpose of child trafficking.

6) Obscene publications and indecent shows

a. A child is employed, used, persuaded, induced, or coerced

b. To perform in obscene exhibitions and indecent shows,

whether live or in video, or model in obscene publications or

pornographic materials

c. Such materials are distributed

7) Other acts if Neglect, Abuse, Cruelty or Exploitation and other

conditions Prejudicial to the Child’s Development

a. Violation of Art. 59, PD 603

b. Keeping in his company a minor, 12 years or under or 10

years younger than the person liable, in any public or

private place, hotel, motel, beer joint, discotheque, cabaret,

pension house, sauna or massage parlor, beach resort, etc.

c. Inducement, delivery, or offering of a minor for the above

mentioned act

d. Use, coercion, forcing, or intimidating a street child or any

other child to


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i. Beg or use begging as a means of living;

ii. Acts as conduit or middlemen in drug trafficking or

pushing; or

iii. Conduct any illegal activities

8) Violation of working conditions for Minors as provided in this law

and the Labor Code

PenaltiesPenaltiesPenaltiesPenalties

Penalties for those found guilty of the crime of Child Prostitution and

Other Sexual Abuse

a. (Procurer) Reclusion Temporal (Medium) to Reclusion

Perpetua for acts described in Article III Section 5(a)

b. (Client/John) Reclusion Temporal (Medium) to Reclusion

Perpetua for the act of sexual intercourse or lascivious

conduct with a child exploited in prostitution.

- IF CHILD IS UNDER TWELVE (12) YEARS OLD.

Sexual Intercourse considered as Rape: Reclusion

Perpetua


Lascivious Conduct: Reclusion Temporal (Medium)

c. (Manager/Owner of Establishment) Reclusion Temporal

(Medium) to Reclusion Perpetua to those who are found to

have derived profit or advantage from child prostitution.

d. (Attempted Felonies) Attempt to commit Child Prostitution

carries with it a penalty two (2) degrees lower than the

prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Child Trafficking

a. (Procurer) Reclusion Temporal to Reclusion Perpetua to

those engage in trading and dealing with children. The


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penalty shall be applied in its Maximum period when the

victim is under twelve (12) years of age.

b. (Attempted Felony) Attempt to commit Child Trafficking

carries with it a penalty two (2) degrees lower than the

prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Obscene Publications and Indecent Shows involving children

a. (Procurer) Reclusion Mayor (Medium) for acts described in

Article V Section 9(1)


Penalty shall be imposed in its Maximum period

b. (Ascendant/Guardian) Prision Mayor (Medium) to those who

are found to have caused or allowed the child to be employed

or to participate in obscene play, scene act, movie or show, or

in other acts covered by Article V Section 9.

Penalties for those found guilty of the crime of Other Acts of Abuse

involving children

a. (Parents) Prision Mayor (Minimum) for those found guilty of

Child Abuse or Neglect including those covered by Article 59

of PD No. 603 (The Child and Youth Welfare Code)

b. (Stranger) Prision Mayor (Maximum) and a fine of not less

than fifty thousand pesos (P50,000.00) shall be imposed on

one in whose company a minor either under twelve (12)

years of age, or who in ten(10) years or more is his junior is

found, in any of the places enumerated in Article VI Section

10(b), where there exists a relationship not within the fourth

degree of consanguinity or affinity, or by any bond

characterized in the same statute.

c. (Procurer) Prision Mayor (Medium) and a fine of not less

than forty thousand pesos (P40,000.00)shall be imposed on a

procurer for the violation of this Article.


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- Should the procurer be an ascendant, stepparent, or

guardian of the child: Prision Mayor (Maximum) and

a fine of not less than fifty thousand pesos

(P50,000.00)

d. (Manager/Owner of Establishment) Prision Mayor (Medium)

and a fine of not less than fifty thousand pesos (P50,000.00)

and the loss of their license to operate are imposed upon

those who are found to have derived profit or advantage from

violations of this Article.

e. (Coercion to beg and other illegal activities) Prision

Correccional (Medium) to Reclusion Perpetua shall be

imposed on those who either: coerces a child to beg as a

means of living, to act as a conduit in drug trafficking or

pushing, to conduct any illegal activity.

f. (Physical Injury) Reclusion Perpetua will be imposed on

those found guilty of the crimes of Murder, Homicide, Other

Intentional Mutilation and Serious Physical Injuries,

WHERE THE VICTIM IS UNDER TWELVE (12) YEARS

OLD.

g. (Moral and Emotional Injury) A penalty one (1) degree

higher will be imposed on those found guilty of the crimes of

Qualified Seduction, Acts of Lasciviousness with Consent,

Corruption of Minors, and White Slave Trade, WHERE THE

VICTIM IS UNDER TWELVE (12) YEARS OLD.

Sanctions for Establishments or Enterprises

a. Immediate Closure of Establishment

b. The Revocation of the License to Operate

c. A Public “Off Limits” Sign posted outside the establishment

for a period not less than one (1) year. The unauthorized

removal of which will be punishable by Prision Correccional.

Penalties for those found guilty of violating the Article on Working Children


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a. Fine not less than one thousand pesos (P1,000.00) but not

more than ten thousand pesos (P10,000.00)

b. Alternatively, imprisonment of not less than three (3)

months, but not more than three (3) years.

c. Or both penalties at the discretion of the court

d. In cases of repeat offenders, their license to operate shall be

revoked.

Penalties for those guilty of the crime of Discrimination Against

Children of Indigenous Cultural Communities

a. (Discrimination) Arresto Mayor (Maximum) and a fine of not

less than five thousand pesos (P5,000.00) but not more than

ten thousand pesos (P10,000.00) shall be imposed on any

person found guilty of discriminating against a child of

indigenous cultural communities.

Common Penal Provisions

a. (Previous Conviction) Penalties are to be imposed in their

maximum periods

b. (Juridical Personality) Penalties are to be imposed in their

maximum periods on the officer or employee of erring

corporation, partnership, or association

c. (Relationship) Penalties are to be imposed in their maximum

periods 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. (Foreigner) Deportation immediately after service of

sentence, and the same shall be forever barred from entering

the country.

e. (Public Officer) Penalties are to be imposed in their

maximum periods if the perpetrator is a public officer or


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employee. Should the penalty be Reclusion Perpetua or

Reclusion Temporal, then the accessory penalty of perpetual

or temporary absolute disqualification shall also be imposed.

Should the penalty imposed be Prision Correccional or

Arresto Mayor, the accessory penalty of suspension shall

likewise be imposed.

f. (Fine) A fine to be determined by the court shall be imposed

and administered as a cash fund by the DSWD and the same

will be disbursed for the rehabilitation of the victim.

Remedial ProceduresRemedial ProceduresRemedial ProceduresRemedial Procedures

Who may file a complaint?

1) Offended party;

2) Parents or guardians;

3) Ascendant or collateral relative within the third degree of

consanguinity;

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

institution;

5) Officer or social worker of the DSWD;

6) Barangay Chairman; or

7) At least 3 concerned responsible citizens where the violation

occurred.

Protective Custody of the Child- offended party will immediately be

placed under the custody of the DSWS

Confidentiality of offended party’s identity

Special court proceedings- RTC as Juvenile and Domestic Court;

preference to the hearing or disposition of cases involving violations of

this Act.

Documents

RA 7610: Anti Child Abuse Law