Rules on reporting and investigating child abuse

Policy, objectives, guiding principle

The Rules are designed to encourage reporting of cases involving physical or psychological injury, sexual abuse or exploitation, or negligent treatment of children.
The Rules ensure early and effective investigation of child abuse cases to enable prosecution of the offender.
The investigation is conducted while promoting the best interest of the child victim.

Key definitions for application

A Child is a person below eighteen (18) years of age, or one over that age, who—upon evaluation by a qualified physician, psychologist or psychiatrist—is found incapable of fully taking care of himself because of a physical or mental disability or condition or incapable of protecting himself from abuse.
Child abuse covers infliction of physical or psychological injury, cruelty to, or neglect of a child, as well as sexual abuse or exploitation of a child.
Cruelty is any act by word or deed that debases, degrades, or demeans the intrinsic worth and dignity of a child.
Discipline by a parent or legal guardian does not constitute cruelty if it is reasonable in manner and moderate in degree and does not constitute physical or psychological injury as defined by the Rules.
Physical injury includes lacerations, fractured bones, burns, internal injuries, severe injury, or serious bodily harm suffered by a child.
Psychological injury is harm to a child’s psychological or intellectual functioning exhibited by severe anxiety, depression, withdrawal, outward aggressive behavior, or a combination, demonstrated by changes in behavior, emotional response, or cognition.
Neglect is failure, for reasons other than poverty, to provide adequate food, clothing, shelter, basic education, or medical care so as to seriously endanger physical, mental, social, and emotional growth and development of the child.
Sexual abuse includes employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist in sexual intercourse or lascivious conduct; or molestation, prostitution, or incest with children.
Lascivious conduct includes intentional touching (directly or through clothing) of specified intimate parts (genitalia, anus, groin, breast, inner thigh, buttocks), or introduction of objects into genitalia, anus, or mouth with intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire; and includes bestiality, masturbation, lascivious exhibition of genitals or pubic area; and such conduct applies whether persons are of the same or opposite sex.
Exploitation includes hiring, employment, persuasion, inducement, or coercion of a child to perform in obscene exhibitions and indecent shows (live or in video/film), or to pose or act as model in obscene publications or pornographic materials, or to sell or distribute such materials.
Department refers to a duly authorized officer or social worker of the Department of Social Welfare and Development or a similar agency of a local government unit.

Reporting duties and mandatory reporting

A person who learns of facts or circumstances giving rise to belief that a child has suffered abuse may report the matter, either orally or in writing, to the Department, the police or other law enforcement agency, or a Barangay Council for the Protection of Children.
The head of any public or private hospital, medical clinic and similar institution, as well as the attending physician and nurse, shall report, either orally or in writing, the examination and/or treatment of a child who appears to have suffered abuse within forty-eight (48) hours from knowledge to the Department.
It is the duty of teachers and administrators in public schools, probation officers, government lawyers, law enforcement officers, barangay officials, corrections officers, and other government officials and employees whose work involves dealing with children to report all incidents of possible child abuse to the Department.

Liability for non-reporting and reporting immunity

Failure of the individuals mentioned under mandatory reporting and the administrator or head of the relevant hospital, clinic, or similar institution to report a possible child abuse case is punishable by a fine of not more than two thousand pesos (P2,000.00).
A person who, acting in good faith, reports a case of child abuse is free from any civil or administrative liability arising from the report.
There is a presumption that a reporter acted in good faith.

Investigation and protective custody

Within forty-eight (48) hours after receipt of a report on a possible child abuse incident, the Department shall immediately proceed to the home or establishment where the alleged victim is found and interview the child to determine: whether abuse was committed; the identity of the perpetrator; and the need to remove the child from the home/establishment or place the child under protective custody under Section 9.
Whenever practicable, the Department shall conduct the interview jointly with the police and/or a barangay official.
To minimize the number of interviews, the child’s statement shall be transcribed or recorded on voice or video tape.
If the investigation discloses sexual abuse, serious physical injury, or life-threatening neglect, a duly authorized Department officer or social worker shall immediately remove the child and place the child under protective custody to ensure safety.
The Department’s duly authorized officer or social worker and, if any, the assisting police officer or barangay official taking the child under protective custody are exempt from any civil, criminal and administrative liability arising therefrom.
The Department shall inform the police or other law enforcement agency whenever a child victim is placed under protective custody.

Medical examination, commitments, parental authority actions

After protective custody, the Department shall refer the child to a government medical or health officer for physical/mental examination and/or medical treatment.
Afterward, the Department shall determine the rehabilitation or treatment program required by the child and gather data relevant to filing criminal charges against the abuser.
If the investigation confirms commission of child abuse, the Department shall file a petition for involuntary commitment of the child victim under Presidential Decree No. 603, as amended.
The Department shall ask the Court to suspend the parental authority of the parent or lawful guardian who abused the child victim.
In cases of sexual abuse, the Department shall ask for permanent deprivation of parental authority of the offending parent or lawful guardian.
If the child victim cannot be placed under the care of a next of kin, the Department shall ask the proper Court to transfer parental authority to the Department or to the head of a duly accredited children’s home, orphanage, or similar institution.

Who may file complaint and criminal case filing

A complaint against a person who abused a child may be filed by: the offended party; the parent or legal guardian; an ascendant or collateral relative within the third degree of consanguinity; a duly authorized Department officer or social worker; an officer, social worker, or representative of a licensed child caring institution; the Barangay Chairman; or at least three (3) concerned responsible citizens of the community where the abuse took place who have personal knowledge of the offense committed.
The Department’s investigation report and/or the police or other law enforcement agency report on the abuse of a child, together with physical/mental examination results and/or medical treatment results and other relevant evidence, shall be immediately forwarded to the provincial or city prosecutor for preparation and filing of the appropriate criminal charge against the person allegedly committing the abuse.

Court representation, confidentiality of identity, trial priority

Upon filing the criminal complaint, the Department shall ask the appropriate court to appoint a guardian ad litem to represent the best interests of the child.
The guardian ad litem shall: explain to the child the legal proceedings involving the child; advise the judge, when appropriate and as friend of the court, regarding the child’s ability to understand proceedings and questions; advise the prosecutor regarding the child’s ability to cooperate as a witness; attend all investigations, hearings, and trial proceedings where the child is a participant; and monitor and coordinate concurrent administrative and court actions.
At the request of the victim or the victim’s representative, the Department shall withhold the child’s name until the court has acquired jurisdiction over the case.
Child abuse case trials shall take precedence over all other cases before the courts, except election and habeas corpus cases.
The trial shall commence within three (3) days from the date the accused is arraigned, and no postponement of the initial hearing shall be granted except on account of the accused’s illness or other grounds beyond the accused’s control.
The prosecutor shall exclude the public during the child victim’s testimony, limit publication of information, photographs, or artistic renderings that may identify the victim, and prevent undue and sensationalized publicity, taking into account the child victim’s age, psychological maturity and understanding, the nature of the unlawful acts, the victim’s desire, and the interests of the victim’s family.

Publicity limits, record confidentiality, and penalties

All records pertaining to cases of sexual abuse are strictly confidential, and no information relating to them may be disclosed except in connection with any court or official proceeding based thereon.
Unauthorized disclosure of sexual abuse records is punishable by a fine of not more than two thousand four hundred pesos (P2,400.00) or by imprisonment of not more than one (1) year, or both.

Closure of offending establishments

The Department shall immediately close the establishment or enterprise found to have promoted, facilitated, or conducted activities constituting child abuse.
Closure shall be for a period of not less than one (1) year.
Upon closure, the Department shall post signs with the words "off limits" in conspicuous places outside the premises.
Unauthorized removal of the “off limits” sign is punishable by prison correctional.
The Department shall seek assistance of the concerned local government unit and/or the police or other law enforcement agency in the closure.
The Department shall file the appropriate criminal complaint against the owner or manager of the closed establishment or enterprise under R.A. 7610, the Revised Penal Code, as amended, or special laws.
An establishment or enterprise is presumed to promote or facilitate child abuse if the acts constituting child abuse occur within its premises.
Specific establishments are deemed to have promoted or facilitated child abuse when they promote child sexual abuse as part of a tour program; exhibit children in a lewd or indecent show; provide child masseurs or masseuses for adults of the same or opposite sex and include lascivious conduct as part of services; or solicit children for activities constituting sexual abuse.
Such covered establishments include a sauna parlor, travel agency, or recruitment agency.

Effectivity and implementation

The Rules take effect upon approval by the Secretary of Justice and fifteen (15) days after publication in two (2) national newspapers of general circulation.
The Rules were adopted on 11 Oct. 1993 and are signed by the Secretary of Justice and conformed by the Secretary of Social Welfare and Development.