Question & AnswerQ&A (Republic Act No. 7610)
The title of Republic Act No. 7610 is the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act."
Children are defined as persons below eighteen (18) years of age or those over but unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination due to physical or mental disability or condition.
Child abuse includes psychological and physical abuse, neglect, cruelty, sexual abuse, emotional maltreatment, acts which demean the child's dignity, unreasonable deprivation of basic survival needs, and failure to provide immediate medical treatment resulting in serious impairment or death.
Penalties range from reclusion temporal in its medium period to reclusion perpetua. It includes those who promote, facilitate, or induce child prostitution, commit sexual acts on exploited children, and those who derive profit from such activities.
Children below fifteen years may be employed only if a work permit from the Department of Labor and Employment is secured, and employers ensure protection, health, safety, morals, prevent exploitation or discrimination, and implement continuous training and skills acquisition programs.
Child trafficking, including buying, selling, or dealing with children, is punishable by reclusion temporal to reclusion perpetua. Maximum penalties apply if the victim is under twelve years old, and attempts to commit trafficking are penalized with penalties two degrees lower.
Children arrested for such reasons must be detained separately from adults, provided immediate free legal assistance, have their parents notified immediately, and can be released on recognizance within 24 hours to the Department of Social Welfare and Development or a responsible community member for custody.
Such establishments shall be immediately closed and have their licenses canceled with a conspicuous "off limits" sign posted for at least one year. Unauthorized removal of the sign is punishable by prision correccional, and owners or managers may face prosecution.
Complaints may be filed by the offended party, parents or guardians, relatives within the third degree of consanguinity, licensed child-caring institution representatives, Department of Social Welfare and Development officers, barangay chairmen, or at least three concerned responsible citizens where the violation occurred.
The offended party's name may be withheld from the public until the court has jurisdiction. It is unlawful to cause undue or sensationalized publicity that leads to moral degradation or suffering of the offended party.