Special Protection of Children Against Abuse, Exploitation and Discrimination Act
REPUBLIC
ACT NO. 7610
AN
ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES.
ARTICLE I
Title, Policy,
Principles and Definitions of Terms
Section 1.
Title.
- This Act shall be known as the "Special Protection of Children Against
Abuse, Exploitation and Discrimination Act."
Sec. 2. Declaration
of State Policy and Principles. - It is hereby declared to be the policy
of the State to provide special protection to children from all firms of
abuse, neglect, cruelty exploitation and discrimination and other conditions,
prejudicial their development; provide sanctions for their commission and
carry out a program for prevention and deterrence of and crisis intervention
in situations of child abuse, exploitation and discrimination. The State
shall intervene on behalf of the child when the parent, guardian, teacher
or person having care or custody of the child fails or is unable to protect
the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.
It shall be
the policy of the State to protect and rehabilitate children gravely threatened
or endangered by circumstances which affect or will affect their survival
and normal development and over which they have no control.
The best interests
of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies, consistent
with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted
to promote the welfare of children and enhance their opportunities for
a useful and happy life.
Sec. 3. Definition
of Terms. -
(a) "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;
(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.
(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 a 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.
(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.
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.
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
(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 of lascivious conduct with a child exploited
in prostitution or subject 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.
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.
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.
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.
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.
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.
(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.
(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
(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.
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.
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.
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;
(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.
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.
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.
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.
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).
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.
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;
(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.
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.
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
(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.
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.
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.
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.
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.
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;
(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.
ARTICLE
XIII
Final Provisions
Sec. 32. Rules
and Regulations. - Unless otherwise provided in this Act, the Department
of Justice, in coordination with the Department of Social Welfare and Development,
shall promulgate rules and regulations of the effective implementation
of this Act.
Such rules and
regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Sec. 33. Appropriations.
- The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the
year following its enactment into law and thereafter.
Sec. 34. Separability
Clause. - If any provision of this Act is declared invalid or unconstitutional,
the remaining provisions not affected thereby shall continue in full force
and effect.
Sec. 35. Repealing
Clause. - All laws, decrees, or rules inconsistent with the provisions
of this Acts are hereby repealed or modified accordingly.
Sec. 36. Effectivity
Clause. - This Act shall take effect upon completion of its publication
in at least two (2) national newspapers of general circulation.
Approved:
June
17, 1992
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