Special Protection of Children Against Abuse Act

Key definitions established

“Children” are persons below eighteen (18) years of age, or those over eighteen (18) years of age who are 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” means maltreatment, habitual or not, including:
- psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment;
- any act by deeds or words that debases, degrades, or demeans the intrinsic worth and dignity of a child as a human being;
- unreasonable deprivation of basic needs for survival such as food and shelter; or
- failure to immediately give medical treatment to an injured child resulting in serious impairment of growth and development, permanent incapacity, or death.
“Circumstances which gravely threaten or endanger the survival and normal development of children” include, among others:
- being in a community with armed conflict or affected by armed conflict-related activities;
- working under hazardous conditions to life, safety, and morals that unduly interfere with normal development;
- living in or fending for themselves in the streets in urban or rural areas without parents’/guardian’s care or needed adult supervision;
- belonging to an indigenous cultural community and/or living under extreme poverty or in an underdeveloped area with inadequate access to basic services for a good quality of life;
- being a victim of a man-made or natural disaster or calamity; or
- circumstances analogous to those enumerated that endanger life, safety, or normal development.
“Comprehensive program against child abuse, exploitation and discrimination” refers to a coordinated program of services and facilities to protect children against child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, other acts of abuse, and circumstances threatening or endangering survival and normal development.

Program on child abuse and coordination

Section 4 requires the formulation of a comprehensive program by the Department of Justice and the Department of Social Welfare and Development.
The program must be formulated within one (1) year from the effectivity of the Act.
The formulation must be in coordination with other government agencies and the private sector.
The program must protect children against child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, other acts of abuse, and circumstances endangering child survival and normal development.

Child prostitution and other sexual abuse offenses

Section 5 deems children exploited in prostitution and other sexual abuse when they indulge in sexual intercourse or lascivious conduct for money, profit, or any other consideration, or due to coercion or influence of an adult, syndicate, or group.
Children include both male and female victims.
For those who engage in or promote, facilitate, or induce child prostitution, the Act imposes reclusion temporal in its medium period to reclusion perpetua.
“Engage in or promote, facilitate or induce” includes, among others:
- acting as a procurer of a child prostitute;
- inducing a person to be a client through written or oral advertisements or similar means;
- taking advantage of influence or relationship to procure a child for prostitution;
- threatening or using violence toward a child to engage the child as a prostitute; or
- giving monetary consideration, goods, or other pecuniary benefit to a child with the intent to engage the child in prostitution.
For those who commit sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse, the Act imposes the same penalty range (reclusion temporal in its medium period to reclusion perpetua), with age-based prosecution and penalty adjustments.
When the victim is under twelve (12) years of age, perpetrators must be prosecuted under:
- Article 335, paragraph 3, for rape; and
- Article 336 of Act No. 3815, as amended (Revised Penal Code), for rape or lascivious conduct, as the case may be.
When the victim is under twelve (12) years of age, the penalty for lascivious conduct is reclusion temporal in its medium period.
For those who derive profit or advantage therefrom as manager or owner of the establishment (including sauna, disco, bar, resort, place of entertainment, or establishment serving as a cover or engaging in prostitution), the Act imposes reclusion temporal in its medium period to reclusion perpetua.
Section 6 provides that attempt to commit child prostitution occurs when a non-relative is found alone with the child inside a room or cubicle of a house, inn, hotel, motel, pension house, apartelle, or other similar establishment, or inside a vessel, vehicle, or hidden or secluded area under circumstances that would lead a reasonable person to believe the child is about to be exploited in prostitution and other sexual abuse.
Section 6 also provides that attempt exists when a person receives services from a child in a sauna parlor or bath, massage clinic, health club, and other similar establishments.
The Act imposes a penalty lower by two (2) degrees than that prescribed for the consummated felony for principals of the attempt.

Child trafficking offenses and attempt

Section 7 penalizes any person who engages in trading and dealing with children, including buying and selling a child for money or any other consideration, or barter.
The penalty for child trafficking is reclusion temporal to reclusion perpetua.
Section 7 requires imposition of the penalty in its maximum period when the victim is under twelve (12) years of age.
Section 8 provides that attempt to commit child trafficking exists in specified situations, including:
- a child travels alone to a foreign country without valid reason and without clearance from the Department of Social Welfare and Development or without written permit or justification from the child’s parents or legal guardian;
- a pregnant mother executes an affidavit of consent for adoption for a consideration;
- a person, agency, establishment, or child-caring institution recruits women or couples to bear children for child trafficking;
- a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar, or other person simulates birth for child trafficking; or
- a person finds children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-caring institutions for purposes of child trafficking.
The Act imposes a penalty lower by two (2) degrees than that prescribed for the consummated felony for principals of the attempt.

Obscene publications and indecent shows

Section 9 penalizes any person who hires, employs, uses, persuades, induces, or coerces a child to perform in obscene exhibitions and indecent shows (live or video) or to pose or model in obscene publications or pornographic materials, or to sell or distribute such materials.
The Act imposes prision mayor in its medium period for the offense under Section 9.
When the child performer, subject, or seller/distributor is below twelve (12) years of age, the penalty is imposed in its maximum period.
Section 9 also penalizes any ascendant, guardian, or person entrusted with the care of a child who causes and/or allows the child to participate in obscene play, scene, act, movie, show, or other acts covered by Section 9, with prision mayor in its medium period.

Other child abuse and exploitation acts

Section 10 penalizes any person who commits other acts of child abuse, cruelty, or exploitation, or who is responsible for other conditions prejudicial to the child’s development, including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code.
The penalty is prision mayor in its minimum period for offenses under Section 10.
Section 10 penalizes a person who keeps or has in company a minor twelve (12) years or under, or who has in company a person ten (10) years or more his junior in specified public or private places such as public or private places, hotels, motels, beer joints, discotheques, cabarets, pension houses, sauna or massage parlors, beaches and/or other tourist resorts or similar places.
The penalty for that offense is prision mayor in its maximum period plus a fine of not less than Fifty thousand pesos (P5O,00).
The penalty under Section 10 for keeping a minor in company does not apply to persons related within the fourth degree of consanguinity or affinity, or bound by a bond recognized by law, local custom, and tradition, or acting in the performance of a social, moral, or legal duty.
Section 10 penalizes any person who induces, delivers, or offers a minor to any one prohibited under the preceding paragraph to keep or have a minor in company.
The penalty for inducing/delivering/offering a minor is prision mayor in its medium period plus a fine of not less than Forty thousand pesos (P40,000).
When the perpetrator is an ascendant, stepparent, or guardian of the minor, Section 10 requires:
- prision mayor in its maximum period;
- a fine of not less than Fifty thousand pesos (P 50,000); and
- loss of parental authority over the minor.
Section 10 penalizes an owner, manager, or person entrusted with operating a public or private place of accommodation who allows any person to take along any minor described in the preceding paragraph.
The penalty is prision mayor in its medium period plus a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.
Section 10 penalizes any person who uses, coerces, forces, or intimidates a streetchild or any other child to:
- beg or use begging as a means of living;
- act as conduit or middlemen in drug trafficking or pushing; or
- conduct illegal activities.
The penalty for those offenses is prision correccional in its medium period to reclusion perpetua.
Section 10 provides penalty rules linked to victims’ ages for specified Revised Penal Code acts:
- Penalties for acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815 (Revised Penal Code) become reclusion perpetua when the victim is under twelve (12) years of age.
- Penalties for acts punishable under Articles 337, 339, 340, and 341 of Act No. 3815 (Revised Penal Code) become one (1) degree higher than the penalty imposed by law when the victim is under twelve (12) years of age.
Section 10 requires that the victim of acts committed under this section be entrusted to the care of the Department of Social Welfare and Development.

Sanctions for establishments and enterprises

Section 11 requires that all establishments and enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse must be immediately closed, and their authority or license to operate must be cancelled.
Section 11 provides that closing and cancellation do not bar prosecution of owners or managers under Republic Act No. 7610, the Revised Penal Code, as amended, or special laws.
Section 11 requires the Department of Social Welfare and Development to cause a sign reading “off limits” to be conspicuously displayed outside the establishments or enterprises for a period of not less than one (1) year, for such period as the Department determines.
Unauthorized removal of the “off limits” sign is punishable by prision correccional.
Section 11 deems an establishment to promote or facilitate the covered acts if the acts occur in the premises of the establishment under Republic Act No. 7610, or in violation of the Revised Penal Code, as amended.
Section 11 deems certain enterprises to have committed the penalized acts when they conduct covered conduct as described, including:
- a sauna, travel agency, or recruitment agency promoting the acts as part of a tour for foreign tourists;
- exhibiting children in a lewd or indecent show;
- providing child masseurs for adults of the same or opposite sex where services include any lascivious conduct with the customer; or
- soliciting children for activities constituting the covered acts.

Working children and related prohibitions

Section 12 allows children below fifteen (15) years of age to be employed only when the minimum requirements are present:
- the employer must secure a work permit from the Department of Labor and Employment;
- the employer must ensure protection, health, safety, and morals of the child;
- the employer must institute measures to prevent exploitation or discrimination, considering the system and level of remuneration, and the duration and arrangement of working time; and
- the employer must formulate and implement a continuous program for training and skill acquisition of the child.
Section 12 requires the Department of Labor and Employment to promulgate rules and regulations for effective implementation.
Section 13 requires the Department of Education, Culture and Sports to promulgate a course design for a non-formal education program aimed at promoting intellectual, moral, and vocational efficiency of working children who have not undergone or finished elementary or secondary education.
Section 14 prohibits any person from employing child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, and violence.
Section 15 requires every employer to comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16 sets penalties for violations under this Article:
- a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000);
- or imprisonment of not less than three (3) months but not more than three (3) years; or both at the discretion of the court.
For repeated violations of the provisions of this Article, the Act requires revocation of the offender’s license to operate.

Indigenous cultural communities’ children

Section 17 grants children of indigenous cultural communities protection, survival, and development consistent with the customs and traditions of their respective communities, in addition to rights under existing laws.
Section 18 requires the Department of Education, Culture and Sports to develop and institute a culture-specific alternative education system relevant to community needs and existing situations.
Section 18 requires accrediting and supporting non-formal but functional indigenous educational programs conducted by non-governmental organizations in the communities.
Section 19 requires all government agencies concerned to prioritize delivery of basic social services in health and nutrition for children of indigenous cultural communities.
Section 19 requires hospitals and other health institutions to ensure equal attention to these children and to respect and recognize indigenous health practices.
Section 20 prohibits discrimination against children of indigenous cultural communities in all forms.
Section 20 penalizes any person who discriminates with arresto mayor in its maximum period plus a fine of not less than Five thousand pesos (P5,000) but not more than Ten thousand pesos (P10,000).
Section 21 requires participation of indigenous cultural communities through duly designated or appointed representatives in planning, decision-making, implementation, and evaluation of all government programs affecting their children, with recognition and respect for indigenous institutions.

Children in armed conflict

Section 22 declares children Zones of Peace and imposes responsibility on the State and all sectors to resolve armed conflicts to promote children as zones of peace.
Section 22 requires special protection including that children:
- must not be the object of attack and must receive special respect;
- must be protected from any form of threat, assault, torture, or other cruel, inhumane, or degrading treatment;
- must not be recruited as members of the Armed Forces of the Philippines, its civilian units, or other armed groups, and must not be allowed to take part in fighting, nor used as guides, couriers, or spies.
Section 22 requires that delivery of basic social services (education, primary health, and emergency relief) must be kept unhampered.
Section 22 requires ensuring safety and protection of those providing services, including fact-finding missions from both government and non-government institutions, and prohibits undue harassment of them.
Section 22 requires not using public infrastructure such as schools, hospitals, and rural health units for military purposes such as command posts, barracks, detachments, and supply depots.
Section 22 requires taking all appropriate steps to facilitate reunion of families temporarily separated due to armed conflict.
Section 23 provides that children must be given priority during evacuation due to armed conflict, with community organizations tapped to look after safety and well-being and with measures ensuring evacuated children are accompanied by responsible persons.
Section 24 provides that whenever possible, members of the same family must be housed together with separate accommodation from other evacuees and must be provided facilities for normal family life.
Section 24 requires that expectant and nursing mothers and children in temporary shelter receive additional food proportional to physiological needs, and that children be given opportunities for physical exercise, sports, and outdoor games whenever feasible.
Section 25 grants rights to any child arrested for reasons related to armed conflict, including combatant, courier, guide, or spy:
- separate detention from adults except where families are accommodated as family units;
- immediate free legal assistance;
- immediate notice of the arrest to parents or guardian; and
- release on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible community member as determined by the court.
Section 25 requires that if, after hearing evidence, the court finds the child committed the acts charged, the court must determine imposable penalty including civil liability, but must suspend further proceedings and commit the child to the custody or care of the Department of Social Welfare and Development, a government training institution, a duly-licensed agency, or other responsible person until the child reaches eighteen (18) years of age, or for a shorter period the court deems proper, considering reports and recommendations of the Department or the agency/responsible individual.
Section 25 requires visitation and supervision of the committed child by a Department representative or duly licensed agency representative or other officer designated by the court, subject to conditions set by the court.
Section 25 provides that a child whose sentence is suspended can appeal the order in the same manner as appeals in criminal cases.
Section 26 requires the barangay chairman in the affected barangay to submit the names of children residing there to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of armed conflict.

Remedial and procedural safeguards

Section 27 authorizes the filing of complaints on unlawful acts committed against children enumerated by the Act by:
- the offended party;
- parents or guardians;
- ascendant or collateral relative within the third degree of consanguinity;
- an officer, social worker, or representative of a licensed child-caring institution;
- an officer or social worker of the Department of Social Welfare and Development;
- barangay chairman; or
- at least three (3) concerned, responsible citizens where the violation occurred.
Section 28 requires that the offended party be immediately placed under protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986.
Section 28 provides that in protective custody performance, the Department officer is free from any administrative, civil, or criminal liability.
Section 28 requires custody proceedings to comply with Presidential Decree No. 603 provisions.
Section 29 permits withholding the offended party’s name from the public at the instance of the offended party until the court acquires jurisdiction.
Section 29 makes it unlawful for media and film professionals (editors, publishers, reporters, columnists, announcers, producers in radio and television, film producers and directors) to cause undue and sensationalized publicity of cases of violation of the Act that result in moral degradation and suffering of the offended party.
Section 30 requires cases involving violations of the Act to be heard in the chambers of the Regional Trial Court judge duly designated as a Juvenile and Domestic Relations Court.
Section 30 directs that, notwithstanding existing law, and except for habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts must give preference to hearing or disposition of cases involving violations of the Act.

Common penal rules

Section 31 requires that the penalty under the Act be imposed in its maximum period if the offender has been previously convicted under the Act.
Section 31 requires that when the offender is a corporation, partnership, or association, the responsible officer or employee must suffer the penalty in its maximum period.
Section 31 requires maximum-period penalty when the perpetrator is:
- an ascendant, parent, guardian, stepparent, or collateral relative within the second degree of consanguinity or affinity; or
- a manager or owner of an establishment with no license to operate or whose license has expired or been revoked.
Section 31 requires deportation immediately after service of sentence for foreign offenders and a permanent bar from entry to the country.
Section 31 requires maximum-period penalty when the offender is a public officer or employee.
When the penalty imposed is reclusion perpetua or reclusion temporal, the Act requires the imposition of perpetual or temporary absolute disqualification, respectively.
When the penalty imposed is prision correccional or arresto mayor, the Act requires suspension.
Section 31 requires imposition of a fine to be determined by the court, administered as a cash fund by the Department of Social Welfare and Development, and disbursed for rehabilitation of each child victim or, when the perpetrator is the offended victim’s immediate family, for that immediate member instead.

Implementation rules and effectivity

Section 32 authorizes the Department of Justice, in coordination with the Department of Social Welfare and Development, to promulgate rules and regulations for effective implementation unless otherwise provided.
Section 32 requires such rules and regulations to take effect upon publication in two (2) national newspapers of general circulation.
Section 33 authorizes appropriation in the General Appropriations Act of the year following enactment into law and thereafter for carrying out the Act’s provisions.
Section 34 provides a separability clause preserving the remaining provisions if any part is declared invalid or unconstitutional.
Section 35 provides a repealing clause for laws, decrees, or rules inconsistent with the Act, repealed or modified accordingly.
Section 36 provides that Republic Act No. 7610 takes effect upon completion of publication in at least two (2) national newspapers of general circulation.

Law information and passage

Republic Act No. 7610 was approved on June 17, 1992.
The Act was finally passed by the House of Representatives and the Senate on February 7, 1992.