This document summarizes Republic Act 7610, which defines and penalizes child abuse, exploitation and discrimination. It defines a child as anyone under 18 years old. Child abuse includes physical, psychological, sexual abuse and neglect. The law criminalizes child prostitution, child trafficking, child pornography and other sexual exploitation of children. It outlines penalties for engaging in or facilitating these acts, which include imprisonment and fines. The law also mandates the reporting of suspected child abuse and protects those who report cases of abuse in good faith.
4. Philippine Constitution, Article II, Sec. 12
- “The State recognizes the sanctity of
family life and shall protect and
strengthen the family as a basic and
autonomous social institution. It shall
equally protect the life of the mother and
the life of the unborn from
conception…….”.
5. PD 603, Article 3, # 1:
“ A child is endowed with the dignity and
worth of a human being from the moment
of conception, as generally accepted in
medical parlance, and is therefore
entitled with the right to be born well”.
6. Children - persons below 18 years of age
or those over but are unable to 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.
7. CHILD ABUSE -Refers to maltreatment, whether
habitual or not, of the child which includes any of the
following;
Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
Any act by deeds or words which debases, degrades
or demeans the intrinsic worth and dignity of a child
as a human being;
8. CHILD ABUSE -Refers to maltreatment, whether
habitual or not, of the child which includes any of
the following;
Unreasonable deprivation of his basic needs for
survival, such as food and shelter
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
9. Child Prostitution and other sexual abuse
Attempt to commit child prostitution
Child Trafficking
Attempt to commit child trafficking
Child pornography and indecent shows and
publication
Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial
to the Child’s Development
10. Who are deemed to be children exploited in
prostitution and other sexual abuse?
Children, whether male or female,
Who for money, profit, or other consideration or
due to coercion or influence of adult, syndicate
or group
Indulge in sexual intercourse or lascivious
conduct
11. What is lascivious conduct?
Means the intentional touching, either directly or through
clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks; or any act of lewdness;
Done with force or intimidation, fraudulent machination or
grave abuse of authority; or where the offended party is
deprived of reason or otherwise unconscious;
With intent to abuse, humiliate, harass, degrade the child, or
arouse or gratify the sexual desire of any person
Bestiality, masturbation, lascivious exhibition of the genitals
or pubic area of a person
12. Who may be liable?
Those who engage in, or promote, facilitate or induce
child prostitution which includes, but are not limited to,
the following:
acting as a procurer of a child prostitute
inducing a person to be a client of a child prostitute
taking advantage of influence or relationship to procure a
child as a prostitute
threatening or using violence towards a child to engage him
as a prostitute
giving monetary consideration/pecuniary benefit
Penalty- Reclusion Temporal med-Reclusion Perpetua
13. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse.
Penalty-same with Art. 335 and 336 of RPC except if
victim is under 12 yrs (Rec.Temp. med)
Those who derive profit or advantage therefrom -as
manager or owner of the establishment where the
prostitution takes place/establishment serving as cover
or which engages in prostitution other than activity it
was licensed for.
Penalty-Reclusion Temporal med-Reclusion Perpetua
14. Any person, 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 establishment, vessel, vehicle or any
other hidden or secluded area which would lead a
reasonable person to believe that the child is about to
be exploited in prostitution and other sexual abuse.
Any person, receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other
similar establishments.
Penalty- 2 deg.lower than that prescribed for the
consummated felony
15. 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.
Penalty-Reclusion Temporal-Reclusion
Perpetua. If victim is under 12 years, maximum
period
16. Allowing a child to travel alone to a foreign country
Pregnant woman’s execution of affidavit of consent to
adoption of unborn child for consideration
Recruitment of women or couples for child bearing for
purposes of child trafficking
Simulation of birth by doctor, hospital, clinic official,
etc. for the purpose of child trafficking
Finding children among low-income families, hospitals
etc. to sell
Penalty- 2 deg. Lower from the consummated felony
17. hirehire obscene exhibitions live orobscene exhibitions live or
employ performemploy perform indecent shows in videoindecent shows in video
useuse pose/modelpose/model Obscene publicationsObscene publications
pornographic materialspornographic materials
Person persuade childPerson persuade child
induceinduce sellsell pornographic materialspornographic materials
coerce distributecoerce distribute
Penalty- Prision Mayor. If under 12 years, maximumPenalty- Prision Mayor. If under 12 years, maximum
period.period.
18. Any ascendant, guardian, or person
entrusted in any capacity with 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
correspondents to the Philippine law.
19. Any person who shall commit any other acts ofAny person who shall commit any other acts of
child abuse, cruelty or exploitation or bechild abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to theresponsible for other conditions prejudicial to the
child’s development including those covered bychild’s development including those covered by
Art. 59 of PD 603, but not covered by the RevisedArt. 59 of PD 603, but not covered by the Revised
Penal CodePenal Code
Penalty- Prision Mayor MinimumPenalty- Prision Mayor Minimum
20. Any person who shall keep or have in his company a minor,Any person who shall keep or have in his company a minor,
twelve (12) years or under or who is ten (10) years or moretwelve (12) years or under or who is ten (10) years or more
his junior in any public or private place, hotel, motel, beerhis junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna orjoint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similarmassage parlor, beach and/or other tourist resort or similar
places.places.
Exception:Person related within the fourth degree ofException:Person related within the fourth degree of
consanguinity or affinity or any bond recognized by law,consanguinity or affinity or any bond recognized by law,
local customs and tradition or acts in the performance of alocal customs and tradition or acts in the performance of a
social, moral or legal duty.social, moral or legal duty.
Penalty- Prision Mayor maximum and fine of not less thanPenalty- Prision Mayor maximum and fine of not less than
Php 50,000.00.Php 50,000.00.
21. Any person who shall induce or deliver or offer a minor toAny person who shall induce or deliver or offer a minor to
anyone prohibited under R.A. 7610 as above described.anyone prohibited under R.A. 7610 as above described.
Penalty-Prision Mayor Medium and fine of not less thanPenalty-Prision Mayor Medium and fine of not less than
Php 50,00.00.Php 50,00.00.
Any person, owner, manager or one trusted with theAny person, owner, manager or one trusted with the
operation of any public or private place of accommodation,operation of any public or private place of accommodation,
whether for occupancy, food, drink, or otherwise, includingwhether for occupancy, food, drink, or otherwise, including
residential places, who allows any person to take along withresidential places, who allows any person to take along with
him such place or places any minor herein described.him such place or places any minor herein described.
Penalty-Prision Mayor Medium and fine of not less thanPenalty-Prision Mayor Medium and fine of not less than
Php 50,000.00Php 50,000.00
22. Any person who shall use, coerce, force orAny person who shall use, coerce, force or
intimidate a street child or any other child to:intimidate a street child or any other child to:
beg or use begging as a means of livingbeg or use begging as a means of living
act as conduit or middleman in drugact as conduit or middleman in drug
trafficking or pushingtrafficking or pushing
conduct any illegal activities.conduct any illegal activities.
Penalty- Prision Correccional Medium-Reclusion PerpetuaPenalty- Prision Correccional Medium-Reclusion Perpetua
23. When victim is under 12 years and for
purposes of this act, the penalties for Murder,
Homicide, other intentional mutilation, Serious
Physical Injuries-Reclusion Perpetua.
For Qualified Seduction, acts of lasciviousness
with consent, corruption of minors, white slave
trade- one degree higher than that imposed by
law.
24.
25. A person who learns of facts or
circumstances that gives rise to the belief
that a child has suffered abuse may
report the same, either orally or in
writing, to the Department, Police or any
other law enforcement agency or to the
BCPC.
26. The head of any private or public
hospital, medical clinic and similar
institution, as well as the attending
physician and nurse, shall report, either
orally or in writing, to the Department the
examination and/or treatment of a child
who appears to have suffered abuse
within 48 hours from knowledge of the
same.
27. It shall be the duty of all teachers and
administrators in public schools, probation
officers, government lawyers, law enforcement
officers, barangay officials, corrections officers
and other government officials and employees
whose work involves dealing with children to
report all incidents of possible child abuse to
the Department.
28. Failure of the individuals mandatorily
required to report, and the administrator
or head of the hospital, clinic or similar
institution concerned to report a possible
case of child abuse shall be punishable
with a fine of not more than two thousand
pesos (P2,000.00)
29. A person who, acting in good faith, shall
report a case of child abuse shall be free
from any civil or administrative liability
arising therefrom.There shall be a
presumption that any such person acted
in good faith.
30. Department to act within 48 hours upon the
receipt of a reported incidence of child abuse
If the investigation discloses sexual abuse,
serious physical injury or life threatening
neglect of the child, immediate removal of the
child from his/her home and putting him/her
under protective custody will be the immediate
action of the Department’s representative.
31. Who may file a complaint?Who may file a complaint?
Offended PartyOffended Party
Parents or GuardiansParents or Guardians
Ascendant or collateral relative within 3Ascendant or collateral relative within 3rdrd
degree ofdegree of
consanguinityconsanguinity
Officer, social worker or representative of a licensedOfficer, social worker or representative of a licensed
child-caring institutionchild-caring institution
Officer or social worker of the DSWDOfficer or social worker of the DSWD
Barangay Chairman, orBarangay Chairman, or
Three (3) concerned, responsible citizens where theThree (3) concerned, responsible citizens where the
offense was committedoffense was committed
32. Report it to:
The CHR
DSWD
PNP Women and
Children’s Desk
NBI
DOJ
Barangay Captain
Commission on Human
Rights
2F DBP Building
De la Rama Street,
Iloilo City
Tel No. 337-8019