1. THE CHILD AND THE LAW
IN THE
PHILIPPINES

2. Who is a Child?
 A CHILD refers to a person below eighteen (18)
years of age or one over said age and who,
upon evaluation of a qualified physician,
psychologist or psychiatrist, is found to be
incapable of taking care of herself fully because
of a physical or mental disability or condition or
of protecting himself from abuse (IRR of R.A.
7610).

3. The Anti-Child Abuse Law: REPUBLIC
ACT 7610 (1992)
SPECIAL PROTECTION
OF
FILIPINO CHILDREN

4. What is child abuse?
 Refers to the maltreatment, whether
habitual or not, of the child which
includes any of the following:
– Cruelty
– Physical Abuse
– Psychological Abuse
– Child Neglect
– Child Sexual Abuse
– Child Exploitation

5. What is Prostitution?
A form of child exploitation.
 When children, whether male or female are, for
money, profit, or any other consideration or due
to coercion or influence of any adult, syndicate
or group, indulge in sexual intercourse or
lascivious conduct.

6. Who are punished for prostitution?
Acting as a procurer of a child prostitute
Inducing a person to be a client of a child
prostitute by means of advertisement
Taking advantage of influence of relationship
to procure a child as a prostitute
Giving monetary consideration, goods or other
pecuniary benefit to a child with the intent to
engage such child in prostitution

7. Who are punished for prostitution
(cont’d)?
Threatening or using violence towards a child
to engage him as a prostitute
Those who have sexual intercourse or lascivious
conduct with a prostituted child
Those who derive profit or advantage there
from : ex : takes place, sauna, disco, bar,
resort, place of entertainment serving as
“covers” for prostituted children

8. What else is child exploitation?
 Hiring, employment, persuasion,
inducement, or coercion of a child to
perform obscene exhibitious and
indecent shows, whether live or in
video or film, or to pose or act as a
model in obscene publications or
pornographic materials, or to sell or
distribute said materials

9. What else is child exploitation?
– Using child, directly or indirectly, for begging
– Using child as conduit or middleman in drug
trafficking
– Using child for other illegal activities
– Employing child below 15 years of age, except:
 Under sole responsibility of parents/legal
guardian
 Child employed in public entertainment

10. What else is child exploitation?
– Attempt to commit prostitution – when any person
who, not being a relative of a child, is found alone
with the child inside a room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or
other similar places; vessels, vehicles or any other
hidden or secluded area under suspicious
circumstances.
– When any person is receiving services from a child
in a sauna parlor or bath, massage clinic, health
club and similar places

11. What else is child exploitation?
– Any person who shall keep or house in his
company a minor, twelve (12) years or under
or who is ten (10) years or more his junior in
any public or private place, hotel etc.
– Inducing or delivering or offering a minor to
any person prohibited in law to keep or have
in his company a minor
– Any person, owner or manager or one
entrusted with the operation of any public or
private place of accommodation, who allows a
person to take with him a minor to such place

12. Who must report child abuse?
 Head of any public/private hospital, medical
clinic or similar institution
 Attending physician or nurse
 All public school teachers/administrators,
probation officers, government lawyers, law
enforcement officers, Barangay officials, other
Gov't employees whose work involves children

13. REMEMBER!!!!
 Failureof a mandatory reporter to report a
case of suspected child abuse will result
in monetary fines.
– (Section 6 – IRR)

14. Where to report child abuse
 The nearest local office of the DSWD
 The nearest PNP station
 The National Bureau of Investigation
 Barangay Council for the Protection of Children
 Commission on Human Rights
 Department of Justice Task Force on Child
Protection

15. REP. ACT 8353: THE RAPE LAW
PROMULGATED IN
1997

16. RAPE IS A PUBLIC CRIME!
 REMEMBER! Rape is now considered a
public crime. This means that any person
who has knowledge of the crime may file a
complaint; consequently, even if the
victim withdraws her complaint, the
government (i.e. the police, prosecutor,
fiscal, etc.) may proceed with the case.

17. RA 8353: The Rape Law of
1997
 Re-classified rape as crime vs. persons
 2 ways of committing rape:
– man has carnal knowledge of woman under the
following circumstances:
• Thru force, threat, or intimidation
• When offended party is deprived of
reason/unconscious
• Thru fraudulent machination/grave abuse of authority
• When offended party is under 12 yrs or demented

18. RA 8353: The Rape Law of 1997 (cont’d)
– By any person who, under any of
circumstances mentioned in paragraph 1,
shall commit an act of sexual assault by:
• inserting his penis into another persons
mouth or anal orifice or
• Inserting any instrument or object
(including a finger) into the genital or anal
orifice of another person

19. THIS IS WHAT THE SUPREME
COURT HAS SAID ABOUT RAPE!!!
NOTE: The slightest penetration
of the outer labia is sufficient.
The absence of sperm in the
vagina does not mean that no
rape occurred

20. What is “consent”?
NOTE: There is NO issue of
consent for child victims under
the age of 12 years old. Children
under 12 CANNOT give their
consent

21. WHEN MARRIAGE IS AVAILABLE
 There can be no valid marriage between an offender
and any child victim as the Family Code mandates
that marriage may only be entered into when the
parties to the marriage are at least 18 years old and
have the consent of their parents.
 Any marriage entered into before a party reaches the
age of 18 is void from the beginning.
 A parent cannot give consent to a child who may
want to marry before she turns 18 years old.

22. THE ANTI-TRAFFICKING
IN PERSONS ACT
Rep. Act 9208, July
2003

23. State Policy
 To support trafficked persons
 Ensure their recovery
 Ensure their rehabilitation
 Ensure their reintegration into society
 Recognition of UNUDHR, CRC, UN
Convention on Protection of Migrant Workers
and UN Convention against Transnational
Organized Crime

24. TRAFFICKING OF PERSONS
 Recruitment, transportation, transfer or
harboring, or receipt of persons WITH OR
WITHOUT THE VICTIM’S CONSENT OR
KNOWLEDGE, within or across national
borders by any means for the purpose of
exploitation (e.g. prostitution, forced labor,
slavery, servitude, removal or sale of organs)

25. TRAFFICKING vs HUMAN
SMUGGLING
 TRAFFICKING  HUMAN SMUGGLING
 Usually involves coercion  Usually does not
 Characterized by involve coercion
subsequent exploitation
after the illegal entry of a
 Characterized by
person into a foreign facilitating, for a fee,
country the illegal entry of a
 Considered a human rights person into a foreign
issue country
 Considered a migration
issue

26. ACTS OF TRAFFICKING
 To recruit, transport, transfer, harbor, provide, or
receive - by any means - for prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage
 To introduce or match for consideration a Filipino to
a foreigner for marriage in order to use her or trade
her – for prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage

27. ACTS OF TRAFFICKING (2)
 Offer marriage or marry, real or simulated, in
order to use or trade ‘spouse’ – for
prostitution,pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or
debt bondage.
 Adopt or facilitate adoption - for
prostitution,pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or
debt bondage.

28. ACTS OF TRAFFICKING (3)
 Organize tours/packages to use or offer
person prostitution, pornography or sexual
exploitation
 Maintain/hire a person for prostitution or
pornography
 Recruit, hire, adopt, transport or abduct by
any means to remove or sell organs
 To recruit, transport or adopt a child for
armed activities here and abroad

29. QUALIFIED TRAFFICKING
 When the trafficked person is a child
 When adoption is used
 When crime committed by a syndicate
 When offender is a relative or a person who exercises
authority or is a public officer or a law enforcer/military
 Prostitution with a military or law enforcement office
 When victim becomes insane or afflicted with
HIV/AIDS

30. CONFIDENTIALITY

33. SERVICES AVAILABLE TO THE TRAFFICKED
PERSON
 Shelter  Medical or
 Counseling psychological
services
 Freelegal aid  Livelihood and skills
 Overseas Filipino training
Resource Centres  Educational
 Country Team assistance to a
Approach trafficked child