Definition of Terms
- Child: Person below 18 years or disabled over 18 unable to care for/protect self.
- Child abuse: Includes physical/psychological injury, cruelty, neglect, sexual abuse or exploitation.
- Cruelty: Acts that degrade child’s dignity, excluding reasonable discipline.
- Physical injury: Includes lacerations, fractures, burns, internal injuries.
- Psychological injury: Severe anxiety, depression, withdrawal, or aggressive behavior.
- Neglect: Failure to provide essentials beyond poverty leading to serious harm.
- Sexual abuse: Coercion into sexual acts or exploitation.
- Lascivious conduct: Intentional inappropriate touching or sexual acts.
- Exploitation: Use of child in obscene exhibitions, pornography, or distribution.
- Department: Authorized officers/social workers of DSWD or similar local agency.
Reporting of Child Abuse
- Any person aware of circumstances indicating child abuse may report to Department, police, or Barangay Council.
Mandatory Reporting
- Heads and medical staff of hospitals/clinics must report suspected child abuse within 48 hours.
Duty of Government Workers to Report
- Teachers, probation officers, lawyers, police, barangay officials etc. must report possible abuse.
Failure to Report
- Failure to report by mandated persons punishable by fine up to P2,000.
Immunity for Reporting
- Good faith reporting protects from civil or administrative liability.
- Presumption of good faith applies.
Investigation Procedure
- Department must investigate within 48 hours of report.
- Interview child victim at location to determine abuse and perpetrator.
- Minimize interviews by recording or transcription.
- Police and barangay officials to assist if practicable.
Protective Custody
- Child victims of sexual abuse, serious injury, or life-threatening neglect to be removed and placed under protective custody immediately.
Immunity of Officers Removing Child
- Officers/social workers/police removing child in protective custody are exempt from liability.
Notification of Police
- Police/law enforcement must be informed whenever child is placed under protective custody.
Physical Examination and Interview
- Child under protective custody referred for medical/mental examination.
- Department decides rehabilitation and treatment needs.
Involuntary Commitment
- Department may file petition for involuntary commitment per relevant laws if abuse confirmed.
Suspension or Deprivation of Parental Authority
- Court to suspend parental authority of abusing parent.
- Permanent deprivation applies in sexual abuse cases.
Transfer of Parental Authority
- Court may transfer parental authority to Department or accredited institution if no suitable relative available.
Who May File Complaint
- Offended party, relatives (up to third degree), authorized officers, licensed institution representatives, Barangay Chairman, or at least three responsible citizens with personal knowledge can file complaint.
Filing of Criminal Case
- Investigation report and evidence forwarded immediately to prosecutor for filing charges.
Closure of Establishments
- Immediate closure of establishments facilitating child abuse for at least one year.
- Posting "off limits" signs; unauthorized removal punishable.
- Assistance from local government and police sought.
- Criminal complaint filed against owners or managers.
- Presumed facilitation if abuse occurs on premises; includes saunas, travel or recruitment agencies involved in sexual abuse.
Guardian Ad Litem
- Court-appointed guardian represents child’s best interests.
- Duties: Explain proceedings, advise judge and prosecutor on child’s capacity, attend hearings, monitor concurrent actions.
Confidentiality of Victim’s Identity
- Child’s identity withheld on request until court jurisdiction.
Speedy Trial of Child Abuse Cases
- Cases prioritized over other cases except elections, habeas corpus.
- Trial to start within 3 days from arraignment; postponement limited.
Protection from Undue Publicity
- Prosecutor to limit public access during child testimony and publication of identifying details.
- Consider age, maturity, victim’s desire, and family interests.
Confidentiality of Records
- Sexual abuse case records strictly confidential.
- Disclosure only for official court or related proceedings.
- Unauthorized disclosure punishable by fine up to P2,400 or imprisonment up to 1 year, or both.
Effectivity
- Rules effective upon Secretary of Justice’s approval and 15 days after publication in two national newspapers.