QuestionsQuestions (Republic Act No. 7610)
RA 7610 is titled the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.” Its purpose is to provide stronger deterrence and special protection against child abuse, exploitation and discrimination by imposing penalties and carrying out prevention and crisis intervention programs.
The State must provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination; impose sanctions; and carry out prevention and crisis intervention. The State intervenes when parents/guardians/teachers/persons with custody fail or are unable to protect the child, or when the acts are committed by them.
“Children” are persons below eighteen (18) years of age, or those over but unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
Child abuse includes psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; acts by deeds or words that debase, degrade or demean the intrinsic worth and dignity of a child; unreasonable deprivation of basic needs for survival such as food and shelter; and failure to immediately give medical treatment to an injured child resulting in serious impairment of growth and development, permanent incapacity, or death.
These are situations analogous to the listed examples that endanger a child’s life, safety, or normal development. Examples include being in a community with armed conflict/armed conflict-related activities, and living in or fending for themselves in the streets without care or supervision.
The Department of Justice (DOJ) and the Department of Social Welfare and Development (DSWD) must formulate the comprehensive program, in coordination with other government agencies and the private sector, within one (1) year from the effectivity of the Act.
Children who, for money, profit, or any other consideration, or due to coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct.
Examples include: (1) acting as a procurer of a child prostitute; (2) inducing a person to be a client of a child prostitute via written/oral advertisements or similar means; (3) taking advantage of influence or relationship to procure a child as a prostitute; (4) threatening or using violence toward a child to engage him/her as a prostitute; and (5) giving monetary consideration, goods or other pecuniary benefit to the child with intent to engage such child in prostitution.
Per the proviso, perpetrators are prosecuted under Article 335 (par. 3) for rape and Article 336 for rape or lascivious conduct, as applicable, under the Revised Penal Code.
It exists when a person not being a relative is found alone with the child inside a room/cubicle in specified establishments or hidden/secluded areas under circumstances leading a reasonable person to believe the child is about to be exploited in prostitution/other sexual abuse; and also when a person is receiving services from a child in certain adult establishments (e.g., sauna parlor, bath, massage clinic).
The penalty is reclusion temporal to reclusion perpetua. The maximum period applies when the victim is under twelve (12) years of age.
Examples include: (1) a child traveling alone to a foreign country without valid reason and without clearance/permit or justification from parents/legal guardian; (2) a person/agency/establishment recruiting women or couples to bear children for the purpose of child trafficking; (also included: affidavit of consent for adoption for consideration, simulated birth for trafficking, or finding children among low-income families/hospitals/centers for trafficking).
Hiring, employing, using, persuading, inducing or coercing a child to perform in obscene exhibitions/indecent shows (live or video), pose/model in obscene publications/pornographic materials, or sell/distribute such materials.
The penalty is imposed in its maximum period when the child used as performer/subject/seller/distributor is below twelve (12) years of age.
The penalty may include prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000). It also contains exceptions for relatives within the fourth degree of consanguinity or affinity and for acts in the performance of a social, moral or legal duty.