QuestionsQuestions (DOJ)
To encourage reporting of child abuse (physical/psychological injury, sexual abuse/exploitation, or negligent treatment) and to ensure early and effective investigation for prosecution of offenders while promoting the best interests of the child victim.
A person below 18 years of age, or one over said age who—upon evaluation by a qualified physician/psychologist/psychiatrist—is found incapable of fully taking care of himself and/or protecting himself from abuse due to a physical or mental disability/condition.
Infliction of physical or psychological injury, cruelty, neglect, sexual abuse, or exploitation of a child.
Cruelty refers to acts that debase, degrade, or demean a child’s intrinsic worth and dignity. Discipline by a parent/legal guardian is not cruelty if it is reasonable in manner and moderate in degree and does not constitute physical or psychological injury.
Harm to psychological or intellectual functioning shown by severe anxiety, depression, withdrawal, outward aggressive behavior, or a combination, demonstrated through changes in behavior, emotional response, or cognition.
Failure, for reasons other than poverty, to provide adequate food, clothing, shelter, basic education, or medical care so as to seriously endanger the child’s physical, mental, social, and emotional growth and development.
Sexual abuse includes using/persuading/inducing/coercing a child to engage in or assist another in sexual intercourse or lascivious conduct, or molestation/prostitution/incest with children. Lascivious conduct is intentional touching of specified intimate parts (directly or through clothing) or introduction of objects into genitalia/anus/mouth with intent to abuse/humiliate/harass/degrade/arouse or gratify sexual desire, including related acts such as bestiality, masturbation, and lascivious exhibition.
Hiring/employment/persuasion/inducement/coercion of a child to perform in obscene exhibitions and indecent shows (live or video/film), to pose/act as model in obscene/pornographic materials, or to sell/distribute such materials.
Any person who learns of facts giving rise to a belief that a child has suffered abuse may report orally or in writing to the Department, the police/other law enforcement, or the Barangay Council for the Protection of Children.
Heads of hospitals/clinics and similar institutions, and the attending physician and nurse must report the examination and/or treatment of a child who appears to have suffered abuse within 48 hours from knowledge of the same.
Teachers/administrators in public schools, probation officers, government lawyers, law enforcement officers, barangay officials, corrections officers, and other government officials/employees dealing with children must report incidents of possible child abuse to the Department. Failure to report by those mentioned in Sec. 4 and the institution’s administrator/head is punishable with a fine of not more than P2,000.
A person who reports in good faith is free from civil or administrative liability arising from the report, and good faith is presumed.
Not later than 48 hours after receipt of the report, it must immediately proceed to interview the child to determine whether abuse was committed, identify the perpetrator, and assess the need for removal/protective custody. Where practicable, it conducts the interview jointly with police and/or a barangay official. To minimize interviews, the child’s statement should be transcribed or recorded on voice/video tape.
If the investigation discloses sexual abuse, serious physical injury, or life-threatening neglect, the authorized Department officer/social worker must immediately remove the child and place the child under protective custody.
The authorized Department officer/social worker and assisting police officer or barangay official (if any) are exempt from any civil, criminal, and administrative liability for taking the child under protective custody.
It must inform the police or other law enforcement agency whenever a child victim is placed under protective custody.
The Department refers the child for physical/mental examination and/or medical treatment, then determines the rehabilitation/treatment program and gathers data relevant to filing criminal charges.
It must file a petition for involuntary commitment under P.D. 603 (as amended) (Sec. 13). It must ask the court to suspend parental authority of the abusing parent/guardian, and in sexual abuse cases ask for permanent deprivation of parental authority (Sec. 14). If the child can’t be placed with next of kin, it must ask the court to transfer authority over the child to the Department or the head of an accredited children’s home/orphanage/institution (Sec. 15).