Laws on children rights and protection

LAWS ON CHILD’S RIGHTS AND
PROTECTION

CHILD ABUSE AND EXPLOITATION
1.Identify and learn the rights of children
2.Identify the responsibilities of children to
their families, their communities and their
country;
3.Identify the State’s undertaking to protect
them

4. Increase awareness on law on child sexual
abuse (R.A No. 7610);
5.Learn what constitutes child abuse and how
it is committed;
6. Know the penalties of the crime;

SIGNIFICANCE
Child Abuse and Exploitation of Women
and their children are not only a
national concern but a global one.
Under the 1987 Constitution, Article 15,
Section 3,the State ensures the right
of children to assistance including
proper care and nutrition, and
special protection from all forms of
neglect, abuse, cruelty, exploitation
and other conditions prejudicial to
their development. This is in fact a
recognition of the vulnerability and
special needs of children.

SITUATIONER:
FACTS ABOUT FILIPINO CHILDREN

Filipino children and education
• For every 100 Filipino children who enter Grade 1,
only 67 will graduate from elementary school. Only
49 will complete high school.
• Participation rates in public elementary schools
have decreased to 90% since 2000.
• 4 out of 10 children (12-15 years old) are not in
school. The net enrollment ratio in public secondary
education in 2002 was only 57%.
• The average class size across Philippine regions
ranges from 33 to 50 students per class
• Only 3 out of every 10 Filipino children has early
childhood education, formal or non-formal.

Filipino children and health:
• 22% of children under the age of five are
underweight
• There is a lack of knowledge about HIV with
only 21% of the population having an
understanding of what HIV is and how it can
be prevented.
• Only 70% of children are fully immunized.

Filipino children and poverty:
• 26.5% of the Philippines population lives below
the poverty line.
• The number of poor Filipino families has gone up
from 4.36 million in 1985 to 5.14 million in 2000.

Filipino children and abuse &
exploitation:
• Between 1999 and 2008 12% of Filipino children took
part in child labor
• Children in the Philippines are engaged in the worst
forms of child labor, particularly in agriculture,
domestic work, home based industries, prostitution,
trafficking and pornography
• Throughout urban settings in the Philippines children
live and work on the streets, scavenging, begging and
engaging in other income generating activities

Filipino children and abuse &
exploitation:
• Corporal punishment is illegal but still widely practiced
in Filipino schools, homes and other settings
• Physical and sexual abuse of children in the Philippines
is widespread and of concern

WHO IS CONSIDERED A CHILD?
A PERSON WHO IS BELOW 18 YEARS OLD; and
A PERSON WHO IS 18 OR ABOVE BUT CANNOT
TAKE CARE OF HIMSELF DUE TO CERTAIN
CIRCUMSTANCES.

RIGHTS OF EVERY
FILIPINO CHILD
1. TO BE BORN. TO HAVE NAME
AND NATIONALITY;
2. TO BE FREE. TO BE HAVE A
FAMILY WHO WILL TAKE
CARE OF ME;
3. TO HAVE A GOOD
EDUCATION.
4. TO DEVELOP MY POTENTIALS.
5. TO HAVE ENOUGH FOOD,
SHELTER, A HEALTHY AND
ACTIVE BODY;

RIGHTS OF EVERY FILIPINO
CHILD
6. TO BE GIVEN THE OPPORTUNITY
TO PLAY AND LEISURE;
7. TO BE GIVEN PROTECTION
AGAINST ABUSE, DANGER AND
VIOLENCE BROUGHT BY WAR
AND CONFLICT;
8. TO LIVE IN A PEACEFUL
COMMUNITY.
9. TO BE DEFENDED AND ASSISTED
BY THE GOVERNMENT.
10. TO BE ABLE TO EXPRESS MY
VIEWS.

Laws Protecting Children
in the Philippines
• Philippine Constitution (1987)
• Child and Youth Welfare Code – Presidential Decree No.
603 (1974)
• Special Protection of Children Against Abuse, Exploitation
and Discrimination Act – R. A. No. 7610 (1992)
• Anti-Sexual Harassment Act of 1995 – R. A. No. 7877
• Anti-Rape Law of 1997 – R. A. No. 8353
• Relevant Provisions from the Revised Penal Code - Act No.
3815 (1930)
• Anti-Trafficking in Persons Act of 2003 – R. A. No. 9208
• Anti-Violence Against Women and their Children Act of
2004 – R.A. No. 9262

Laws Protecting Children
in the Philippines
- R.A. No 9165 -Comprehensive Dangerous Drugs
Act of 2002 Comprehensive Dangerous Drugs
Act – with respect to minor offenders
- R.A. 7658, "An Act Prohibiting the Employment
of Children Below 15 Years of Age in Public and
Private Undertakings" was passed into law in
October, 1993, thereby restoring the erstwhile
prohibition on the employment of children
below 15 years of age.

Laws Protecting Children in
the Philippines
- R.A No. 9344 "Juvenile Justice and Welfare Act of
2006.
- R.A. No. 9231 - N ACT PROVIDING FOR THE
ELIMINATION OF THE WORST FORMS OF CHILD
LABOR AND AFFORDING STRONGER
PROTECTION FOR THE WORKING CHILD, (2003)
- Republic Act No. 9775 AN ACT DEFINING THE
CRIME OF CHILD PORNOGRAPHY of 2009,
- Republic Act No. 10175 Cybercrime Prevention
Act of 2012 - on Cyber Child Pornography″

IMPORTANCE OF THE CHILD
• The child is one of the most
important assets of the nation.
Every effort should be exerted to
promote a child’s well-being and
enhance his/her opportunities for a
useful and happy life.
• The child is also a citizen of our
country. His/her traits and
capabilities should be developed for
the betterment of society.

CHILD’S DEVELOPMENT
The child’s character development
starts at home. Each family member
should try to make the home a
wholesome and harmonious place to
live in. This is because whatever
happens at home greatly influences
the child’s development. Attachment
to the home and strong family ties
should be encouraged.

CHILD’S DEVELOPMENT
It is the right and duty of parents
to raise their children. Parents
should receive the aid and support
of the government in rearing the
child. Other institutions should
assist the home and the nation in
preparing the child for responsible
adulthood. These institutions
Include the school, the church,
social organizations and the
community.

Children do not grow up to
be responsible adults by
themselves. They need the
support and guidance of the
different sectors of society. The
most important institution that
guides children is the family. The
family, especially parents, have
duties to perform. Other
institutions that have
responsibilities to every child are
schools and the community. Each
of these institutions must work
together to guide every child.
Remember that the future of our
country rests on our children.

Parents have the following duties
toward their children:
– To give them affection, companionship and
understanding;
– To provide them with moral guidance, instil
in them self discipline and religious instruction;

toward their children:
– To supervise their activities, including their
recreation;
– To teach them the value of thrift and self-
reliance;
– To encourage them to participate in socio-
civic affairs, teach them the duties of a good
citizen, and develop the commitment to one’s
country;

toward their children
• To advise them properly on any matter
affecting their development and well-being;
• To always set a good example; and
• To provide them with enough support.

The school also has duties to the
child. These include the following:
• No child is to be refused admission
in public schools.
• Public nursery and kindergarten
schools should be maintained
whenever possible.
• There should be special classes in
every province and special schools
for the physically handicapped,
mentally retarded, emotionally
disturbed, and gifted children.

The school also has duties to the
child. These include the following:
• School children and students should be
provided with enough classrooms and
facilities, including playground, space and
facilities for recreation.
• The school environment should be free from
dangers to the health and safety of the
children.

It should be the duty of the
community to:
• Bring about a healthy environment
necessary to the normal growth of
children and the development of their
physical, mental and spiritual well-
being;
• Help institutions of learning, whether
public or private, achieve the
fundamental objectives of education;
• Organize or encourage activities for
the cultivation of the interests of
children;

community to:
• Promote the establishment and
maintenance of adequately
equipped playgrounds, parks and
other recreational facilities;
• Support parent education programs
by encouraging its members to
attend and actively participate in
them;
• Assist the government in fighting
juvenile crimes and rehabilitating
young lawbreakers;

community to:
• Aid in carrying out special projects for the
betterment of children who live in the
remote areas, belong to cultural minorities,
or are out-of-school. They should cooperate
with private and public child welfare
agencies in providing care, training and
protection to poor, abandoned, neglected,
abused and handicapped children;

community to:
• And Barangay councils, socio-civic
associations and youth associations should
be developed and maintained in the
community to guide and train children in
terms of education, social responsibility and
care for the environment.

United Nations Convention
on the Rights of the Child

The United Nations Convention on the
Rights of the Child (commonly
abbreviated as the CRC, CROC,
or UNCRC) is a human rights
treaty setting out the civil, political,
economic, social, health and cultural
rights of children. The Convention
defines a child as any human being
under the age of eighteen, unless
under states own domestic legislation
majority is attained earlier.
The Philippines became a signatory of
the convention on January 26, 1990.

Nations that ratify this convention are
bound to it by international law.
Compliance is monitored by the
UN Committee on the Rights of the
Child, which is composed of members
from countries around the world.
Once a year, the Committee submits a
report to the Third Committee of
the United Nations General Assembly,
which also hears a statement from the
CRC Chair, and the Assembly adopts a
Resolution on the Rights of the Child.

The UN General Assembly adopted
the Convention and opened it for
signature on 20 November 1989
(the 30th anniversary of its
Declaration of the Rights of the
Child). It came into force on 2
September 1990, after it was
ratified by the required number of
nations. Currently, 193 countries are
party to it, including every member
of the United Nations
except Somalia, South Sudan and
the United States. Somalia's cabinet
ministers had announced plans in
late 2009 to ratify the treaty.

Two optional protocols were
adopted on 25 May 2000. The First
Optional Protocol restricts the
involvement of children in military
conflicts, and the Second Optional
Protocol prohibits the sale of
children, child
prostitution and child
pornography. Both protocols
have been ratified by more than
140 states.

Guiding Principle
The guiding principles of the
Convention include non-
discrimination; adherence to the
best interests of the child; the
right to life, survival and
development; and the right to
participate. They represent the
underlying requirements for any
and all rights to be realized.

Classification of Rights under
the Convention
SURVIVAL AND DEVELOPMENT RIGHTS
These are rights to the resources, skills and
contributions necessary for the survival and full
development of the child. They include rights to
adequate food, shelter, clean water, formal
education, primary health care, leisure and
recreation, cultural activities and information about
their rights. These rights require not only the
existence of the means to fulfill the rights but also
access to them. Specific articles address the needs of
child refugees, children with disabilities and children
of minority or indigenous groups. Arts. 4, 11,
19,20,21,22 and 32.

Classification of Rights under the
Convention
Protection rights : These rights include
protection from all forms of child abuse,
neglect, exploitation and cruelty, including
the right to special protection in times of war
and protection from abuse in the criminal
justice system.
Arts. 4,11,19,20,21,22,32,33,34,35,36,
37,38,39,40,41

Classification of Rights
under the Convention
Participation rights :
Children are entitled to the freedom to
express opinions and to have a say in
matters affecting their social, economic,
religious, cultural and political life.
Participation rights include the right to
express opinions and be heard, the right
to information and freedom of
association. Engaging these rights as they
mature helps children bring about the
realization of all their rights and prepares
them for an active role in society.

Classification of Rights under the
Convention
The equality and interconnection of rights are
stressed in the Convention. In addition to
governments’ obligations, children and parents
are responsible for respecting the rights of
others—particularly each other. Children’s
understanding of rights will vary depending on
age and parents in particular should tailor the
issues they discuss, the way in which they
answer questions and discipline methods to the
age and maturity of the individual child. Arts.
4,12,13,14,15,16,17

Article 1 - Everyone under 18 years of age has all
the rights in this Convention.
Article 2 - The Convention applies to everyone, whatever
their race, religion, abilities; whatever they think or say,
whatever type of family they come from.
Article 3 - All organizations concerned with children should
work towards what is best for each child.
Article 4 - Governments should make these rights
available to children.

Article 5 - Governments should respect the rights and
responsibilities of families to direct and guide their
children so that, as they grow, they learn to use
their rights properly.
Article 6 – All children have the right to life.
Governments should ensure that children survive
and develop healthily.
Article 7 - All children have the right to a legally
registered name, and nationality. Also the right to
know and, as far as possible, to be cared for by
their parents.

Article 8 – Governments should respect children’s right to a
name, a nationality and family ties.
Article 9 - Children should not be separated from their
parents unless it is for their own good. For example, if a
parent is mistreating or neglecting a child. Children whose
parents have separated have the right to stay in contact
with both parents, unless this might hurt the child.
Article 10 - Families who live in different countries should be
allowed to move between those countries so that parents
and children can stay in contact, or get back together as a
family.

Article 11 - Governments should take
steps to stop children being taken
out of their own country illegally.
Article 12 - Children have the right to
say what they think should happen,
when adults are making decisions
that affect them, and to have their
opinions taken into account.

Article 13 - Children have the right to get and to
share information, as long as the information is not
damaging to them or to others.
Article 14 - Children have the right to think and believe
what they want, and to practice their religion, as
long as they are not stopping other people from
enjoying their rights. Parents should guide their
children on these matters.
Article 15 - Children have the right to meet together
and to join groups and organizations, as long as this
does not stop other people from enjoying their
rights.

Article 16 - Children have a right to privacy. The
law should protect them from attacks against
their way of life, their good name, their families
and their homes.
Article 17 - Children have the right to reliable
information from the mass media. Television,
radio, and newspapers should provide
information that children can understand, and
should not promote materials that
could harm children.

Article 18 - Both parents share
responsibility for bringing up their
children, and should always consider
what is best for each child.
Governments should help parents by
providing services to support them,
especially if both parents work.

Article 19 - Governments should ensure
that children are properly cared for,
and protect them from violence,
abuse and neglect by their parents, or
anyone else who looks after them.
Article 20 - Children who cannot be
looked after by their own family must
be looked after properly, by people
who respect their religion, culture
and language.

Article 21 - When children are adopted the first
concern must be what is best for them. The
same rules should apply whether the children
are adopted in the country where they were
born, or if they are taken to live in another
country.

Article 22 - Children who come into a country as
refugees should have the same rights as children
born in that country.
Article 23 - Children who have any kind of
disability should have special care and
support, so that they can lead full and
independent lives.

Article 24 - Children have the
right to good quality health
care, to clean water,
nutritious food, and a clean
environment, so that they
will stay healthy. Rich
countries should help poorer
countries achieve this.

Article 25 - Children who are looked after
by their local authority, rather than
their parents, should have their
situation reviewed regularly.
Article 26 - The Government should
provide extra money for the children
of families in need.

Article 27 - Children have a right to a standard
of living that is good enough to meet their
physical and mental needs. The
Government should help families who
cannot Afford to provide this.
Article 28 - All children and young people have
a right to a primary education, which should
be free. Wealthy countries should help
poorer countries achieve this. Discipline in
schools should respect children’s human
dignity. Young people should be
encouraged to reach the highest level of
education they are capable of.

Article 29 - Education should develop each child's
personality and talents to the full. It should encourage
children to respect their parents, and their own and
other cultures.
Article 30 - Children have a right to learn and use
the language and customs of their families, whether
these are shared by the majority of people in the
country or not.
Article 31 - All children have a right to relax and play,
and to join in a wide range of activities.

Article 32 - The Government should protect
children from work that is dangerous, or might
harm their health or their education.
Article 33 -The Government should provide ways
of protecting children from dangerous drugs.
Article 34 - The Government should protect
children from sexual abuse.

Article 35 - The Government should make sure
that children are not abducted or sold.
Article 36 - Children should be protected from
any activities that could harm their
development.
Article 37 - Children who break the law should
not be treated cruelly. They should not be put
in prison with adults and should be able to
keep in contact with their families.

Article 38 - Governments should not
allow children under 16 to join the
army.
Article 39 – Children who have been
neglected or abused should receive
special help to restore their self-
respect.
Article 40 - Children who are accused of
breaking the law should receive legal
help. Prison sentences for children
should only be used for the most
serious offences.

Article 41 - If the laws of a particular country
protect children better than the articles of
the
Convention, then those laws should stay.
Article 42 - The Government should make the
Convention known to parents and children.
The Convention on the Rights of the Child has
54 articles in all. Articles 43-54 are about
how adults and governments should work
together to make sure all children get all
their rights.

REPUBLIC ACT NO. 7610
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT

WHAT IS CHILD ABUSE,
EXLOITATION AND
DISCRIMINATION?
Child Abuse is now defined
specifically under Republic Act
No. 7610 otherwise known as
the SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND
DICRIMINATION ACT which took
effect on August 1992.

WHAT IS CHILD ABUSE,
EXLOITATION AND
DISCRIMINATION?
This was passed promoting the
policy of the state to protect and
rehabilitate children gravely
threatened and endangered by
circumstances that will affect their
survival and normal development
and over which they have no
control.
CHILD ABUSE as defined in this law is
a form of MALTREATMENT of the
child, whether habitual or not, and
which may be committed in
various forms.

WHAT IS CHILD ABUSE, EXLOITATION
AND DISCRIMINATION?
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;

WHAT IS CHILD ABUSE, EXLOITATION
AND DISCRIMINATION?
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 and in his permanent
incapacity or death;

CHILD ABUSE
R.A. No.7610 does not limit
child abuse to offenses
perpetrated by persons
under whose care the
victim is committed. The
definition covers all
abusive acts of ANY
PERSON.

CHILD ABUSE
By this reason, child abuse
under R.A. No. 7610 per se
is not punished as distinct
and separate crime but is
subsumed by ordinary
crimes. Hence, sexual
abuse of the father is
covered under the crime of
rape. The relationship of
the offender to the victim
serves merely as a
circumstance that
aggravates the act.

PENAL LAWS
Some forms of child abuse
are punishable under the
Revised Penal Code.
Child battering may be
punished under Physical
injuries. Sexual abuse is
punished under RAPE, Acts
of Lasciviousness, Rape and
Seduction.
Verbal or physical assault
which debase the dignity of
the child may be basis for
prosecution under Libel and
Slander by Deed.

PENAL LAWS
Persons in charge of the
custody of children below
7 years old of age who
abandons him to put his
life in danger as to result
in his death are guilty of
abandoning a minor
under Article 276 of the
Revised Penal Code (RPC).

PENAL LAWS
A person upon whose care
a child is entrusted,
delivers said child to an
institution without the
consent of the person
who entrusted the child
shall be guilty of
Abandonment of a Minor
by a Person Entrusted
With His Custody (Art.
277, RPC)

OTHER FORMS OF
CHILD ABUSE
Criminal Liability of Parents
1.Abandon the child under such
circumstances as to deprive
him of the love, care and
protection he needs.
2.Neglect the education of the
child or to give him the
education which the family’s
status permits.
3.Fails or refuses to enrol the
child without justifiable
grounds;

OTHER FORMS OF
CHILD ABUSE
4. Causes, abates or permits
the truancy of a child from
school where he is enrolled.
Truancy means absence
without cause for more
than twenty school days,
not necessarily consecutive.
5. Improperly exploit the child
by using him, directly or
indirectly, such as, for
purposes of begging and
other acts which are
inimical to his interest and
welfare; or

OTHER FORMS OF
CHILD ABUSE
6. Inflict cruel and unusual
punishment or subject him
deliberately to indignation
and other excessive
chastisements that
embarrass or humiliate;
7. Cause or encourage the
child to lead an immoral or
dissolute life;

OTHER FORMS OF
CHILD ABUSE
8. Permits the child to possess
handle or carry a deadly
weapon regardless of
ownership;
9. Allows or requires the child
to drive without license or
with a license which the
parent knows to have been
illegally possessed.

OTHER FORMS OF
CHILD ABUSE
The acts are punishable by
imprisonment from two to
six months and a fine not
exceeding five hundred
pesos or both at the
discretion of the court.

SEXUAL ABUSE AND EXPLOITATION
Sexual Abuse
1.Where children are victims of
Rape and Sexual Assault;
2.Child Prostitution, which
refers to the commercial
activity where children are
used to offer their bodies to
satisfy the lust and desires of
clients; and
3.Pornography where children
are used in shows, movies,
prints and commercial
advertisements as object of
sex without physical contact.

SEXUAL ABUSE
AND EXPLOITATION RAPE as defined and
punished under Article
266-A and 266-B of the
Revised Penal Code
pursuant To R.A. No.
8353.
Rape: When And How
Committed. - Rape is
committed:
1) By a man who shall
have carnal knowledge of
a woman under any of the
following circumstances:

SEXUAL ABUSE
AND EXPLOITATION a) Through force, threat, or
intimidation;
b) When the offended party is
deprived of reason or
otherwise unconscious;
c) By means of fraudulent
machination or grave abuse
of authority; and
d) When the offended party
is under twelve (12) years
of age or is demented, even
though none of the
circumstances mentioned
above be present.

2) By any person who, under
any of the circumstances
mentioned in paragraph 1
hereof, shall commit an act
of sexual assault by
inserting his penis into
another person's mouth or
anal orifice, or any
instrument or object, into
the genital or anal orifice
of another person.

PENALTY for Rape by sexual
assault is reclusion perpetua.
Whenever the rape is
committed with the use of a
deadly weapon or by two or
more persons, the penalty shall
be reclusion perpetua to death.
"When by reason or on the
occasion of the rape, the victim
has become insane, the penalty
shall become reclusion perpetua
to death.

"When the rape is attempted
and a homicide is
committed by reason or on
the occasion thereof, the
penalty shall be reclusion
perpetua to death.
"When by reason or on the
occasion ofthe rape,
homicide is committed, the
penalty shall be death.

SEXUAL ABUSE
AND
EXPLOITATION
The death penalty shall also
be imposed if the crime of
rape is committed with any
of the following
aggravating/qualifying
circumstances:
"l) When the victim is under
eighteen (18) years of age
and the offender is a
parent, ascendant, step-
parent, guardian, relative by
consanguinity or affinity
within the third civil degree,
or the common-law spouse
of the parent of the victim;

SEXUAL ABUSE
AND
EXPLOITATION "2) When the victim is
under the custody of the
police or military authorities
or any law enforcement or
penal institution;
"3) When the rape is
committed in full view of
the spouse, parent, any of
the children or other
relatives within the third
civil degree of
consanguinity;

SEXUAL ABUSE
AND
EXPLOITATION
"4) When the victim is a
religious engaged in
legitimate religious
vocation or calling and is
personally known to be
such by the offender
before or at the time of
the commission of the
crime;
"5) When the victim is a
child below seven (7)
years old;

SEXUAL ABUSE AND
EXPLOITATION "6) When the offender knows that
he is afflicted with the Human
Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other
sexually transmissible disease and
the virus or disease is transmitted
to the victim;
"7) When committed by any
member of the Armed Forces of
the Philippines or para-military
units thereof or the Philippine
National Police or any law
enforcement agency or penal
institution, when the offender
took advantage of his position to
facilitate the commission of the
crime;

SEXUAL ABUSE AND
EXPLOITATION
"8) When by reason or on the
occasion of the rape, the victim
has suffered permanent physical
mutilation or disability;
"9) When the offender knew of
the pregnancy of the offended
party at the time of the
commission of the crime; and
"10) When the offender knew of
the mental disability, emotional
disorder and/or physical
handicap of the offended party
at the time of the commission of
the crime.

SEXUAL ABUSE AND
EXPLOITATION
RAPE of children below
twelve is considered
Statutory Rape, even if
done with consent or
without using force or
intimidation. The
underlying reason is
children below twelve
cannot give valid consent.
Penalty is DEATH.

SEXUAL ABUSE AND
EXPLOITATION If child is at least 12 of age and
had consented to sexual
intercourse with a person in
public authority, an
ascendant, a descendant, a
guardian, a teacher, a priest
or any person who had been
entrusted with the education
and custody of the child will
constitute the crime of
qualified seduction under
Art. 337 of the Revised Penal
Code. – Reason is there is
abuse of confidence and
authority by reason of his
relationship with the victim.

SEXUAL ABUSE AND
EXPLOITATION
If there is no abuse authority but
there is deceit employed by the
offender, he will be criminally
liable for simple seduction. The
crime however can only be
prosecuted if the victim is a
virgin and with good
reputation.
Rape under paragraph 1 may be
committed only on a female
except for paragraph 2 aswhich
can be committed by any
person by inserting his penis
into another person's mouth or
anal orifice, or any instrument
or object, into the genital or
anal orifice of another person.

SEXUAL ABUSE AND
EXPLOITATION
Acts of Lasciviousness
(1)that the offender commits
any act of lasciviousness or
lewdness; and
(2) that it is done under any of
the following circumstances:
(a) by using force or
intimidation;
(b) when the offended woman
is deprived of reason or
otherwise unconscious; or
(c) when the offended party is
under twelve (12) years of
age.

SEXUAL ABUSE AND
EXPLOITATION
The term “lewd” is commonly
defined as something
indecent or obscene; it is
characterized by or
intended to excite crude
sexual desire. That an
accused is entertaining a
lewd or unchaste design is
necessarily a mental
process the existence of
which can be inferred by
overt acts carrying out such
intention, i.e., by conduct
that can only be
interpreted as lewd or
lascivious.

SEXUAL ABUSE AND
EXPLOITATION The presence or absence
of lewd designs is inferred
from the nature of the
acts themselves and the
environmental
circumstances. What is
or what is not lewd
conduct, by its very
nature, cannot be
pigeonholed into a
precise definition.

SEXUAL ABUSE AND
EXPLOITATION
Acts of lasciviousness can be
committed against any
sex. THE crime is
penalized by prision
correctional. In addition if
there is consent to the act,
girls below 18 but over 12
of age can file cases for
acts of lasciviousness with
consent under Art. 339 of
the Revised Penal Code.

CHILD
PROSTITUTION
Child Prostitution as defined
by R.A. No. 7610 as any
activity whereby children,
whether male or female,
indulge in sexual intercourse
or lascivious conduct for
profit or any other
consideration of due to
coercion or influence of any
adult. The law does not
penalize those children
involved in prostitution only
those who exploited the
children

CHILD
PROSTITUTION
Child Prostitution as defined
by R.A. No. 7610 as any
activity whereby children,
whether male or female,
indulge in sexual intercourse
or lascivious conduct for
profit or any other
consideration of due to
coercion or influence of any
adult. The law does not
penalize those children
involved in prostitution only
those who exploited the
children.

CHILD
PROSTITUTION
Who are penalized?
1.Those who promote or
facilitate child prostitution.
• Acting as a procurer of a child
prostitute;
• Inducing a person to be a
client of a child prostitute by
means of written or oral
advertisements or other
similar means;

CHILD
PROSTITUTION
• 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; or
• Giving monetary
consideration, goods or other
pecuniary benefit to a child
with the intent to engage
such child in prostitution.

CHILD
PROSTITUTION
2. Those who actually commit
sexual intercourse with the
child.
Person who commit carnal
knowledge with child
prostitute below 12 is guilty of
RAPE. But in R.A. No. 7610,
any person who engages in
sexual activity with child
below 18 but over 12 is
prosecuted for crime of child
prostitution.
If no sexual intercourse, acts of
lasciviousness

CHILD
PROSTITUTION
3. Those who derive or
advantage therefrom.
Those who promote child
prostitution and those who
derive profit or advantage
thereform as well as those
who commit sexual activity.

CHILD
PROSTITUTION
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.

Child Pornography refers to the use, exhibition
and depiction of children as mere objects of
obscenity, immorality and indecency in live
shows, movies, television, newspapers,
magazines and other forms of media.

R.A. No.7610 penalizes any person who shall hire,
employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent
shows whether live or video, pose or model in
obscene publications or pornographic materials or
to sell or distribute the said materials.
The law prohibits the employment of children as
model in all commercials or advertisement
promoting alcohol beverages, intoxicating drinks,
tobacco and its by products and violence.

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.

Sale of children involves the actual transfer and
delivery of custody or ownership of children
by the person who has actual custody over the
children into hands of another person and
that the other person obligates to pay, in
exchange, a certain sum of money.

Child Trafficking – involves a more habitual
trading of children whereby the buying and
selling become more of a business venture.
The trafficker is actually a middleman
facilitating the barter and exchange of
children.

Purpose or motive of sale of children varies. It may be for
prostitution as in the case of a provincial lasses are
abducted and are brought in prostitution in the urban
places. Some children, infants in particular are sold to
childless couples and some are adopted to become
organ donors. The inter country adoption Act of 1995
or R.A. No. 8043 provides safeguards to prevent child
trafficking cloaked with legality through adoption
proceedings.

Attempt to Commit Child Trafficking. – There is an
attempt to commit child trafficking under Section 7 of
R.A. No.7610
• (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.

OTHER FORMS OF CHILD ABUSE
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.
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

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

• 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.
For drug pushers who use minors as
runners, couriers and messengers
or in any other capacity directly
connected to the dangerous
drugs and/or ontrolled precursors
and essential chemical trade shall
be imposed the maximum
penalty. (Sec. 5, R.A. 9165)

CHILD LABOR
Under R.A. No. 9231, children below
fifteen (15) years of age shall not be
employed except:
• "1) When a child works directly
under the sole responsibility of
his/her parents or legal guardian
and where only members of his/her
family are employed: Provided,
however, That his/her employment
neither endangers his/her life,
safety, health, and morals, nor
impairs his/her normal
development: Provided, further,
That the parent or legal guardian
shall provide the said child with the
prescribed primary and/or
secondary education;

CHILD LABOR
• Prohibition Against Worst Forms
of Child Labor. – No child shall be
engaged in the worst forms of
child labor. The phrase "worst
forms of child labor" shall refer
to any of the following:
• "(1) All forms of slavery, as
defined under the "Anti-
trafficking in Persons Act of
2003", or practices similar to
slavery such as sale and
trafficking of children, debt
bondage and serfdom and
forced or compulsory labor,
including recruitment of children
for use in armed conflict;

CHILD LABOR
• "(2) The use, procuring,
offering or exposing of a child
for prostitution, for the
production of pornography or
for pornographic
performances; or
• "(3) The use, procuring or
offering of a child for illegal or
illicit activities, including the
production and trafficking of
dangerous drugs and volatile
substances prohibited under
existing laws;

CHILD LABOR
"(4) Work which, by its nature
or the circumstances in
which it is carried out, is
hazardous or likely to be
harmful to the health, safety
or morals of children, such
that it:
• "a) Debases, degrades or
demeans the intrinsic worth
and dignity of a child as a
human being: or

CHILD LABOR
• "b) Exposes the child to
physical, emotional or sexual
abuse, or is found to be highly
stressful psychologically or
may prejudice morals; or
• "c) Is performed underground,
underwater or at dangerous
heights; or
• "d) Involves the use of
dangerous machinery,
equipment and tools such as
power-driven or explosive
power-actuated tools; or

CHILD LABOR
• "e) Exposes the child to physical
danger such as, but not limited to
the dangerous feats of balancing,
physical strength or contortion,
or which requires the manual
transport of heavy loads; or
• "f) Is performed in an unhealthy
environment exposing the child
to hazardous working conditions,
elements, substances, co-agents
or processes involving ionizing,
radiation, fire, flammable
substances, noxious components
and the like, or to extreme
temperatures, noise levels, or
vibrations;

CHILD LABOR
• "g) Is performed under
particularly difficult
conditions: or
• "h) Exposes the child to
biological agents such as
bacteria, fungi, viruses,
protozoans, nematodes and
other parasites; or
• "I) Involves the manufacture
or handling of explosives
and other pyrotechnic
products."

Other Provisions
• Children of indigenous cultural communities shall
not be subjected to any and all forms of
discrimination.
• 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. (Child Combatants)

Other Provisions
• 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;

Other Provisions
(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.

Other Provisions
• Section 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.

WHO CAN FILE THE CASE?
• 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;

WHO CAN FILE THE CASE?
• (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.

Special Protective Legal
Measures for Children
• 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.

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.
• 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.

As quoted from Kenny Guinn:
“I believe the best service to the child is
the service closest to the child, and children
who are victims of neglect, abuse, or
abandonment must not also be victims of
bureaucracy. They deserve our devoted
attention, not our divided attention.”

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