Question & AnswerQ&A (DOJ)
A 'child' refers to a person below eighteen (18) years of age or one over said age who, upon evaluation by a qualified physician, psychologist, or psychiatrist, is found incapable of fully taking care of himself due to physical or mental disability or condition or of protecting himself from abuse.
Child abuse includes the infliction of physical or psychological injury, cruelty to, neglect, sexual abuse or exploitation of a child.
Cruelty refers to any act that debases, degrades, or demeans the intrinsic worth and dignity of a child, whereas reasonable discipline by a parent or legal guardian does not constitute cruelty if it is moderate in degree, reasonable in manner, and does not cause physical or psychological injury.
The head of any public or private hospital, medical clinic, attending physician, and nurse must report, either orally or in writing, to the Department the examination or treatment of a child who appears to have suffered abuse within forty-eight (48) hours from learning of the same.
Teachers, school administrators, probation officers, government lawyers, law enforcement officers, barangay officials, corrections officers, and other government officials and employees who deal with children are required to report all incidents of possible child abuse to the Department.
Failure to report a possible case of child abuse shall be punishable by a fine of not more than two thousand pesos (P2,000.00).
Persons acting in good faith who report child abuse are free from any civil or administrative liability arising from the report, and there is a presumption they acted in good faith.
The Department must proceed to the location of the child within forty-eight (48) hours, interview the child (preferably jointly with police or barangay officials), determine if abuse was committed, identify the perpetrator, and assess the need to remove the child from the home or place under protective custody.
A child may be placed under protective custody if the investigation discloses sexual abuse, serious physical injury, life-threatening neglect, or any situation that endangers the child’s safety.
The name of the child may be withheld at the victim’s or representative's request until the court acquires jurisdiction. Records pertaining to sexual abuse cases are strictly confidential, and unauthorized disclosure is punishable by fines or imprisonment.
A complaint may be filed by the offended party; parent or legal guardian; collateral relatives within the third degree; authorized officers or social workers of the Department; representatives of licensed child caring institutions; Barangay Chairman; or at least three concerned citizens with personal knowledge of the offense.
Child abuse cases shall take precedence over all others except election and habeas corpus cases. The trial shall commence within three (3) days from arraignment, with no postponements allowed except for illness of the accused or other grounds beyond control.
The Department shall close such establishments for not less than one year, post 'off limits' signs, and file appropriate criminal complaints. Unauthorized removal of the signs is punishable by correctional imprisonment.