Question & AnswerQ&A (DOJ)
A child refers to a Filipino citizen who is below eighteen (18) years of age.
Trafficking refers to the act of trading or dealing with children, including but not limited to buying and selling children for money, or for any other consideration, or barter.
The hospital, clinic or duly licensed child-caring or placement agency must report the abandoned child to the Department of Social Welfare and Development (DSWD).
There is a presumption of intent to abandon the child unless the failure is due to reasons beyond the parent's control or financial reasons.
The parent shall be punished with arresto mayor and a fine not exceeding five hundred pesos (P500.00). If the child dies due to abandonment, prison correccional in medium and maximum periods applies, and if exposed to danger, prison correccional in minimum and medium periods applies.
No, a child shall not be allowed to travel alone abroad without a travel clearance issued by DSWD or a written permit under oath by both natural or adoptive parents, guardian, or legal custodian.
Certified true copies of the child's passport or travel document, birth certificate and marriage certificate of natural parents or proof of age and filiation, or adoption/guardianship papers, and proof the child will not become a public charge in the destination country.
The Department shall take custody of the child or arrange transfer to an accredited child-caring or placement agency and file a petition for involuntary commitment and criminal complaint against the parent.
The penalty is arresto mayor and a fine not exceeding five hundred pesos (P500.00), without prejudice to filing a separate complaint under Article 210 of the Child and Youth Welfare Code.
Persons responsible include the parent arranging travel for an unaccompanied child, pregnant mother consenting to adoption for consideration, heads recruiting women or couples to bear children, cooperating physicians or public officers, and persons locating children for placement or adoption without proper authority.