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The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act or Republic Act 76 !

"Art# habitual or not# A person &ho is belo& ' (ears old or those o)er but are unable to full( ta*e care of themsel)es from abuse, neglect, cruelt(, exploitation or discrimination because of ph(sical or mental disabilit( or condition# +( a person &ho is responsible for the child,s &elfare# -nder circumstances &hich gra)el( threaten or endanger the sur)i)al and normal de)elopment of children# Operational Definition Physical Abuse .s characteri/ed b( ph(sical in0ur( "e#g# bruises and fractures% resulting from punching, beating, *ic*ing, biting, or other&ise harming a child# The in0ur( ma( ha)e resulted from o)er discipline or ph(sical punishment that is inappropriate to the child,s age or condition# The in0ur( ma( be the results from o)er discipline or ph(sical punishment that is inappropriate to the child,s age or condition# An in0ur( resulting from ph(sical punishment that re1uires medical treatment is considered outside the realm of normal disciplinar( measures# Neglect Child neglect is characteri/ed b( failure to pro)ide for the child,s basic needs# 2eglect can be ph(sical, educational or emotional# Sec# $% defines child abuse as maltreatment, &hether

care, abandonment, inade1uate super)ision and expulsion from home or refusing to allo& a runa&a( to return home# Educational Neglect 3ailure to enroll a child of mandator( school age and inattention to a special educational need# Emotional Neglect .ncludes such action as chronic or extreme spouse abuse in the child,s presence, permission of drug abuse or alcohol use b( the child and refusal or failure to pro)ide needed ps(chological care# Sexual Abuse .ncludes &ide range of beha)ior4 fondling of a child,s genitals, intercourse, rape, sodom(, exhibitionism and commercial exploitation through prostitution or the production of pornographic materials# Sexual Exploitation Children &hether male or female, &ho for mone(, profit or an( other consideration or due to the coercion or influence of an( adult, s(ndicate or group, indulge in sexual intercourse or lasci)ious conduct, are deemed to be children exploited in prostitution and other sexual abuse# Emotional abuse .ncludes acts or omissions b( the parents or other persons responsible for the child,s care and that ha)e caused or could cause serious beha)ioral, cogniti)e, emotional or mental disorder# .t is the most difficult form of child maltreatment# Child trafficking The act of trading or dealing &ith children,

Physical Neglect .ncludes refusal of or dela( in see*ing health

including but not limited to, the bu(ing and selling children for mone(, or for an( other

consideration, or barter# Child Labor The emplo(ment of children belo& 5 (ears of age &ho force, suffer to &or* for mone( or an( other consideration# The condition of emplo(ment endangers the life, safet(, health and normal de)elopment of the child# Abandoned The failure to pro)ide for the care and support of a child for at least six "6% continuous months for no )alid reason shall be presumed as an intent to abandon the child unless said failure is due to reasons be(ond the control of the parent or is due to financial reasons#

"ho can file a complaint for child abuse# # The child )ictim 8# The parent or legal guardian of the )ictim $# The grandparent, or relati)e of the child )ictim up to a first cousin :# The +aranga( Chairman 5# =ne of a group of $ or more persons &ho ha)e personal *no&ledge of the abuse#

reclusion temporal in its medium period to reclusion perpetua if )ictim is under twelve (12) years of age: reclusion temporal in its medium period

The failure to report to a la& enforcement agenc( or to the Department of Social 6elfare and De)elopment "DS6D% that the child is missing &ithin se)ent(7t&o "78% hours after his disappearance is disco)ered#

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Persons re uired by la! to report child abuse cases The follo&ing must report child abuse case9 # The head of a public or pri)ate hospital, medical clinic or similar institution, as &ell as the ph(sician and nurse &ho attended to the needs of the abused child# 8# Teachers and administrators of public schools $# Parole and probation officers :# ;o)ernment la&(ers 5# <a& enforcement officers 6# +aranga( officials 7# Correction officers such as 0ail guards '# =ther go)ernment officials and emplo(ees &hose &or* in)ol)es dealing &ith children

A penalt( lo&er b( t&o "8% degrees than that prescribed for the consummated felon( under Section 5

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reclusion perpetua#

temporal The


reclusion shall be


imposed in its maximum period &hen the )ictim under t&el)e " 8% (ears of age# A((E+P( (O CO++%( C&%LD ()A,,%C-%N.

A penalt( lo&er t&o "8% degrees than that prescribed for the consummated felon( under Section 7 shall be imposed upon the principals of the attempt


prision ma(or in its medium period# .f the child used as a performer, sub0ect or seller>distributor is belo& t&el)e " 8% (ears of age, the penalt( shall be imposed in its maximum period#

An( ascendant, guardian, or person entrusted in an( capacit( &ith the care of a child &ho shall cause and>or allo& such child to be emplo(ed or to participate9 prision mayor in its medium period