State Policy and Principles
- The State shall protect children from all forms of abuse, neglect, cruelty, exploitation, discrimination, and other harmful conditions.
- State intervention when guardians fail or when they are perpetrators.
- Emphasizes the best interests of children as paramount in all actions affecting them.
- Aligns with the UN Convention on the Rights of the Child's principle of First Call for Children.
- The State promotes child welfare and opportunities for a safe, happy life.
Definitions
- "Children": Persons below 18 years or those with disabilities unable to protect themselves.
- "Child abuse": Includes psychological, physical, sexual abuse, neglect, cruelty, and emotional maltreatment.
- "Circumstances gravely threatening children": Armed conflict, hazardous work, street living, poverty, disasters, indigenous community deprivation, and analogous situations.
- "Comprehensive program": Coordinated services to protect against child prostitution, trafficking, obscene publications, and other abuses.
Program Formulation
- DOJ and DSWD, coordinating with agencies and private sector, must formulate a comprehensive program within one year from law effectivity.
- Targets protection against sexual abuse, trafficking, obscene shows, and various abuses.
Child Prostitution and Sexual Abuse
- Children involved in sexual conduct for money or under coercion are considered abused.
- Penalties: Reclusion temporal (medium) to reclusion perpetua.
- Includes those who act as procurers, promote, facilitate, or exploit children sexually.
- Sexual acts with children under 12 prosecuted under rape laws with specific penalties.
- Those profiting from establishments facilitating prostitution penalized.
Attempt to Commit Child Prostitution
- Defined by presence in secluded places or use of child services under suspicious circumstances.
- Penalty reduced by two degrees from consummated crime.
Child Trafficking
- Engaging in buying, selling, or dealing with children punished by reclusion temporal to reclusion perpetua.
- Maximum penalty for victims under 12 years.
Attempt to Commit Child Trafficking
- Defined through unauthorized child travel, consented adoption for consideration, surrogate arrangements, fake births, or recruiting children for trafficking.
- Penalty reduced by two degrees from consummated crime.
Obscene Publications and Indecent Shows
- Using children in pornography, obscene performances, or distribution punishable by prision mayor (medium).
- Maximum penalty for children under 12.
- Guardians allowing participation also penalized.
Other Acts of Abuse
- Other abuses or conditions harmful to development penalized by prision mayor (minimum).
- Keeping minors in prohibited places leads to prision mayor (maximum) and fines.
- Inducing minors into such situations also penalized with additional penalties if perpetrator is guardian.
- Owners allowing presence of minors risk fines, imprisonment, and license revocation.
- Using children in begging, drugs, or illegal activities punished severely.
- Increased penalties for crimes like murder, mutilation, seduction, corruption when victim is under 12.
- Victims entrusted to DSWD.
Sanctions for Establishments
- Establishments facilitating abuses are closed, licenses cancelled.
- "Off limits" signs posted for at least one year.
- Unauthorized removal of signs punishable.
- Enterprises promoting exploitation, child masseurs, or soliciting children deemed offenders.
Employment of Children
- Children under 15 may work with safeguards:
- Work permit from DOLE.
- Protection of health, safety, and morals.
- Prevention of exploitation and discrimination.
- Ongoing training programs.
- DOLE to issue implementing rules.
Non-formal Education for Working Children
- DepEd to design courses to promote intellectual, moral, and vocational skills for working children not in formal education.
Restriction on Child Models
- Prohibits child models in advertisements promoting alcohol, tobacco, and violence.
Employer Duties
- Employers must comply with child labor protection duties under existing laws.
Penalties for Violations
- Fines from P1,000 to P10,000 and/or imprisonment from 3 months to 3 years.
- Repeated violations may lead to license revocation.
Children of Indigenous Communities
- Protection, survival, and development rights in line with community customs.
- Alternative, culture-specific education systems developed by DepEd.
- Priority social services for health and nutrition respecting indigenous practices.
- Prohibits discrimination with penalties.
- Indigenous community participation in all affecting government programs.
Children in Armed Conflict
- Declared zones of peace; protected from attack and abuses.
- Prohibits recruitment into armed forces or groups.
- Social services and protection for service providers ensured.
- Military use of public infrastructure forbidden.
- Family reunification facilitated.
- Evacuation prioritizes children with proper supervision.
- Family life maintained in shelters with additional support for mothers and children.
- Children arrested related to conflict have specified rights including legal aid, separate detention, and release on recognizance.
- Courts may suspend proceedings and commit children to care facilities.
- Barangay officials to report affected children promptly.
Filing Complaints
- Complaints may be filed by the offended party, relatives, social workers, barangay officials, or concerned citizens.
Protective Custody and Confidentiality
- Immediate protective custody under DSWD.
- Officers free from liability in custody actions.
- Names of victims may be withheld to protect privacy.
- Media prohibited from sensationalism that harms victims.
Special Court Proceedings
- Cases heard in Juvenile and Domestic Relations Courts.
- Preference given to such cases except for certain exceptions.
Common Penal Provisions
- Maximum penalties for repeat offenders, public officials, relatives involved.
- Corporate officers responsible face maximum penalties.
- Foreign offenders deported post-sentence and barred entry.
- Fines managed by DSWD for victim rehabilitation.
Rulemaking, Appropriations, and Effectivity
- DOJ and DSWD to promulgate implementing rules.
- Funds appropriated annually for implementation.
- Separability clause for invalid provisions.
- Repealing clause for conflicting laws.
- Act effective upon publication in national newspapers.