REPUBLIC ACT NO.
7610
SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND
DISCRIMINATION ACT OF JUNE
17, 1992
ACTS CRIMINALIZED
CHILD PROSTITUTION
CHILD TRAFFICKING
OBSCENE PUBLICATIONS &
INDECENT SHOWS
OTHER ACTS OF ABUSE
CIRCUMSTANCES WHICH
THREATEN OR ENDANGER
THE SURVIVAL & NORMAL
DEVELOPMENT OF CHILDREN
OTHER SPECIAL CONCERNS
WORKING CHILDREN (R.A. 9231: An act providing for
the elimination of child labor and affording stronger
protection for working children);
CHILDREN OF INDIGENOUS CULTURAL
COMMUNITIES ( DSWD to develop and institute an
alternative system of education which is culture specific
& relevant to the needs and existing situation in their
communities; delivery of health & nutrition);
CHILDREN IN SITUATIONS OF ARMED CONFLICTS
Children are declared Zones of Peace
CHILDREN
Persons below 18 years old
Those above 18 but are unable
to take care of themselves from
abuse, neglect, cruelty,
exploitation or discrimination
because of a physical or mental
disability or condition
CHILD ABUSE= MALTREATMENT that includes:
Psychological & physical abuse, neglect,
cruelty, sexual abuse & emotional
maltreatment;
Any act that debases, degrades or
demeans the intrinsic worth & dignity of a
child;
Unreasonable deprivation of basic needs;
Failure to immediately give medical
treatment to an injured child;
I. CHILD PROSTITUTION & OTHER
SEXUAL ABUSE
Indulging in sexual intercourse for money, profit
or consideration or due to coercion or influence of
any adult, syndicate or group, sexual intercourse
or lascivious conduct
Penalty: reclusion temporal
1. Engaging, promoting, facilitating, or inducing a
child to engage in prostitution;
2. acts of sexual intercourse or lascivious conduct;
3. Deriving profit or advantage whether as manager
or owner of the establishment where the
prostitution takes place
Attempt to commit child trafficking
II. CHILD TRAFFICKING
Trading & dealing with children
Buying & selling of a child
for money or other consideration, or barter
Penalty: reclusion temporal to reclusion
perpetua
ATTEMPT TO COMMIT CHILD TRAFFICKING
- child travels alone without reason & without
DSWD permit
-pregnant mother executes
affidavit of consent for adoption
for any consideration
Recruiting women or couples to
bear children for child trafficking
Simulation of birth for child
trafficking
Acts of finding children for child
trafficking
Penalty: 2 degrees lower
III. OBSCENE PUBLICATIONS & INDECENT SHOWS
Hiring, employing, using, persuading,
inducing, coercing child to perform in
obscene exhibitions & indecent shows
Penalty : prision mayor maximum
- if the child is below 12 year old
-if the offense is committed by an
ascendant, guardian or person entrusted
with child care
IV. OTHER ACTS OF ABUSE
1. Article 59 of PD 603
Concealing/abandoning a child with
intent to make such child lose civil
status
Abandoning child to deprive him of
love, care & protection
Selling/abandoning child to another
person for valuable consideration
Neglecting child by not giving him
education
Failing/refusing to enroll child
Causing/abating or permitting truancy
Using the child for begging
Causing or encouraging child to lead an
immoral or distasteful life
Permitting child to possess, carry or
handle a deadly weapon regardless of
ownership
Allowing or requiring the child to drive
without license
Penalty: prision mayor in its minimum
IV. OTHER ACTS OF ABUSE
2. KEEPING OR HAVING IN COMPANY A
MINOR BELOW 12 YEARS OLD IN A
MOTEL, DISCO JOINT, SAUNA, OR
MASSAGE PARLOR, BEACH &/OR
TOURIST RESORT;
Penalty:prision mayor & fine (P150,000)
Not applicable to relatives within 4th civil
degree
3. INDUCING, DELIVERING MINOR TO THE
ABOVE PERSONS NOT ALLOWED TO
HAVE MINORS IN THEIR COMPANY
Penalty: prision mayor & fine (P40,000)
IV. OTHER ACTS OF ABUSE
ALLOWING PERSONS TO BE ACCOMPANIED BY
MINORS
Applicability: owners, managers of public & private
places for accommodation, food or drink including
residences
Penalty: prision mayor & fine (P50,000)
COERCING, USING, FORCING, INTIMIDATING CHILD
TO ENGAGE IN BEGGING AS A MEANS OF LIVING
Acting as a conduit or middleman in drug trafficking or
pushing (amended by the provisions of R.A. 9165)
WHO MAY FILE A COMPLAINT
1. Offended party
2. Parents or guardians
3. Ascendant or collateral relative within
the 3rd civil degree
4. Officer, social worker or representative
of a licensed child-caring institution
5. Officer or social worker of DSWD
6. Barangay chairman or
7. At least 3 concerned, responsible
citizen where the violation occurred
Section 28: Protective Custody of Children
The offended party shall be immediately
placed under the protective custody of
the DSWD
Section 29: Confidentiality
- at the instance of the offended party, his
name may be withheld from the public
until the court acquires jurisdiction over
the case
IRR ON THE REPORTING AND INVESTIGATION OF
CHILD ABUSE CASES
Sec. 3: Reporting
- any person who learns of facts and circumstances
that give rise to the belief that a child has suffered
abuse may report the same, either orally or in
writing to the DSWD,LEO, BCPC
Sec. 4: Mandatory Reporting
- the head of any public or private hospital, medical
clinic and similar institution, as well as attending
physician and nurse, shall report, either orally or in
writing, to the DSWD the examination or treatment
of a child who appears to have suffered abuse
within 48 hours from knowledge of the same
Sec. 5: Duty of Govt Workers to report all incidents of
possible child abuse to DSWD
Sec. 7: Immunity for reporting
- a person who, acting in good faith, shall report a case
of child abuse shall be free from any civil or
administrative liability arising therefrom
Sec 10: Immunity of Officer taking the child under
custody
- the duly authorized officer or social worker of DSWD
and the assisting police officer or barangay official, if
any, who shall take a child under protective custody shall
be exempt from any civil, criminal and administrative
liability
Sec. 11: Notification of Police
Sec. 12: Physical Examination Interview
Sec. 13: Involuntary Commitment
- if the investigation confirm the
commission of child abuse
Sec. 14: Suspension or Deprivation of
Parental Authority
Sec. 15: Transfer of Parental authority
Sec. 17: Filing of Criminal Case
Sec. 18: Closure of Establishment
- not less than 1 year
Sec. 19: Guardian Ad Litem
Sec. 20: Confidentiality of Identity of Victim
Sec. 21: Speedy Trial of Child Abuse Cases
Sec. 22: Protection of Victim from Undue
Publicity
Sec. 23: Confidentiality of
Records
THANK YOU
Atty. Ruth P. Bernabe
Baguio City Prosecutor’s Office
