*** Parents have a greater role, must be apprehended a lot heavier

Comparison of Present Laws in the Philippines

P.D. 7610 Anti-Child Abuse Law
Article VI. Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Childs Development.
a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the childs development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its
minimum period.

x x x

b) Any person
Condonation as a form of neglect
Neglect is defined as
Condonation as a form of abandonment
Ds
Condonation in relation to other forms of abuse

P.D. 603 The Child and Youth Welfare Code
Art. 59 Crimes Criminal liability shall attach to any parent who:
10. Causes or encourages the child to lead an immoral or dissolute life.
Parents as here used shall include the guardian and the head of the institution or foster home
which has custody of the child.
Republic Act No.10364 An Act Expanding Republic Act No. 9208.
Anti-Human Trafficking Law
Sec. 4-C Accessories Whoever has the knowledge of the commission of the crime, and without
having participated therein, either as principal or accomplices, take part in its commission in any
f the following manners:
(a) By profiting themselves or assisting the offender to profit by the effects of the crime;

Republic Act 9262 Anti-Violence Against Women and Children
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:
x x x
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:

Consideration Under Torts and Damages as a Form Omission


Relevant Laws in the International Community
Thailand
Parents who allow a child to enter into prostitution also are punishable and can have their
parental rights revoked. Those who procure children for prostitution face strict penalties,
and the punishment is more severe if the minors involved are under
Patricia D. Levan, Curtailing Thailands Child Prostitution Through an International
Conscience, American University International Law Review 9, no. 3 (1994): 869-912,
available at www.auilr.org
Angola
Criminalize the actions of parents or legal guardians who acquiesce to their childs parti
cipation in childpornography.
Similar to aiding and abetting in the commission of a crime, a parent or legal guardian wh
o
acquiesces to his/her childs participation in pornography is supporting and taking actions
towards the commission of multiple crimes: rape, sexual exploitation,
sexual assault, sexual abuse, and the manufacture of
child pornography, all of which are being committed against his/her own child
India

Various Countries








US relinquishment of parental rights
Child Pornography
34. More specifically, 18 U.S.C. 2251 establishes as criminal offenses the use,
enticement, employment, coercion, or inducement of any minor to engage in "any
sexually explicit conduct for the purpose of producing any visual depiction" of that
conduct. That provision further prohibits the transportation of any minor in interstate or
foreign commerce with the intent that the minor engage in sexually explicit conduct for
the purpose of producing any visual depiction of such conduct. Parents, legal guardians
and custodians are punishable under this provision if they permit a minor to engage in
sexually explicit conduct for the purpose of producing a visual depiction of that conduct
that the parent or guardian knows or has reason to know will be transported or has been
transported in interstate or foreign commerce. The provision also subjects to criminal
penalty those who produce and reproduce the offending material, as well as those who
advertise seeking/offering to receive such materials or seeking/offering participation in
visual depictions of minors engaged in sexually explicit conduct.
Sexual Exploitation
84. The United States meets the requirements of Article 9. With
respect to Articles 9(1) and 9(2), it is a priority commitment for the
United States at both the federal and state levels to strengthen and
implement laws to prevent the offenses prohibited by the Protocol. It
is also a policy priority for the United States to create a climate
through education, social mobilization, and development activities to
ensure that parents and others legally responsible for children are able
to protect children from sexual exploitation.
Uganda
On the local level, more than 10 districts have instituted bylaws against child
labor that prescribe fines for employers and parents; NGOs reported that
these bylaws provision of fines, accompanied by sensitization campaigns,
has had a deterrent effect on child labor in local jurisdictions.

United States Department of State, 2012 Trafficking in Persons Report - Uganda, 19
June 2012, available at: http://www.refworld.org/docid/4fe30ceac.html [accessed 2
February 2013]
Tanzania
Prevention
While awareness of human trafficking increased further in Tanzania,
including among communities in remote locations, understanding of what
constitutes trafficking remained low; law enforcement and social welfare
officials sometimes conflated human trafficking with smuggling. In April
2008, the government produced guidelines for child labor intervention at the
district and community levels that were implemented to varying degrees. For
example, to prevent child labor exploitation and trafficking, teachers, police,
and labor inspectors followed up with parents to determine whether children
missing from school had been forced into domestic servitude or other forms
of labor xxx the resulting fear of criminal penalties significantly reduced the
availability of child domestic workers in Dar es Salaam by years end.
United States Department of State, 2012 Trafficking in Persons Report - Tanzania, 19
June 2012, available at: http://www.refworld.org/docid/4fe30ceac.html [accessed 2
February 2013]

Sweden prohibits the purchase of sexual services with punishments of stiff
fines or imprisonment, thus declaring that prostitution isnt a desirable
economic and labor sector. The government also decriminalizes women in
prostitution by helping them get out of the system and rebuild their lives .5
This is what Sweden called as the Nordic Model6 which was adopted by
Norway and Iceland in 2009. Instead of prosecuting prostituted women,
theyve offered them social services, educational support and genuine
alternatives, while criminalizing pimps and customers or johns .7
7 Outlined in Shari Graydons column: Liberalizing prostitution laws wont
protect women, June 14, 2013
In Venezuela, a landmark ruling given by the Ministry of Labor rejected the
view that prostitution should be considered work because it lacks the basic
elements of dignity and social justice. The Socialist Republic of Vietnam
punishes pimps, traffickers, brothel owners, and buyers sometimes
publishing buyers names in the mass media. For women in prostitution, the
government finances medical, educational, and economic rehabilitation.
In October 2000, the U.S. Congress passed the Victims of Trafficking and
Violence Protection Act of 20008 , introduced by New Jersey republican
representative Chris Smith. Under this law penalties for traffickers are raised
and protections for victims increased. Reasoning that desperate women are
unable to give meaningful consent to their own sexual exploitation, the law
adopts a broad definition of sex trafficking so as not to exclude the so-called
consensual prostitution or trafficking that occurs solely within the United
States.
Japan
A. The Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for
Protecting Children
The Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for
Protecting Children prohibits child prostitution, providing child pornography for others and
preparation of it, and child trafficking for child prostitution purposes.
Jid baishun, jid poruno ni kakaru ki t no shobatsu oyobi jid no hogo ni
kansuru hritsu [Law for Punishing Acts Related to Child Prostitution and Child
Pornography, and for Protecting Children], Law No. 52 of 1999, as amended. An
unofficial English translation of the law as of 1999 is available at Interpols
website,http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaJa
pan.asp (last visited July 30, 2007). The 2004 amendment of the law is not
reflected in the translation
Child prostitution means the act of performing sexual intercourse or other sexual acts (i.e., an act
similar to sexual intercourse, or an act for the purpose of satisfying ones sexual curiosity,
including touching genital organs or other body parts on a child or of making a child touch ones
genital organs or other body parts) in return for giving or promising to give remuneration to the
child, by the person who acts as an intermediary in sexual acts with the child, the protector of
the child (parents, a guardian, or anyone is taking actual care of the child), or a person who has
placed the child under his control.
Jid fukushi h [Child Welfare Law], Law No. 164 of 1947, as amended
A person who commits child prostitution is punished with imprisonment for up to five years or a
fine not in excess of one million yen [US$8,700]. The same punishment is applied for a person
who acts as an intermediary in child prostitution or who solicits another person to commit child
prostitution for the purpose of intermediating in child prostitution.
Jid fukushi h [Child Welfare Law], Law No. 164 of 1947, as amended

E. Child Abuse Prevention Law
The Child Abuse Prevention Law prohibits anyone from committing sexual acts on a child or
having a child do an act of sexual nature.
Jid fukushi h [Child Welfare Law], Law No. 164 of 1947, as amended
The Law obliges the national and local governments to support children who have been abused
or are under risk of abuse, and to educate their parents and custodians. Based on the law, the
head of an institution which takes care of an abused child, upon the local governments direction,
can prohibit parents and custodians from meeting or contacting the child.
Jid fukushi h [Child Welfare Law], Law No. 164 of 1947, as amended


Comparison of House Bills in the Philippines
House Bill 74 An Act Penalizing Parents, Adopters, Guardians or Persons Exercising
Special or Substitute Parental Authority Over the Children Under Legal Authority Found
to be Engaged in Begging and/or Prostitution
Fifteenth congress
http://www.congress.gov.ph/download/basic_15/HB00074.pdf

Comparison of Ordinances in the Philippines
Olongapo City Ordinance Number 51
2007 O - 51 - ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING
PENALTIES ON ITS PERPETRATORS,PROVIDING PROTECTIVE MEASURES
(October 18 2007)
SECTION 2. Punishable Acts. Prostitution is a crime committed by:
c. Any person who offers another for sexual exploitation in exchange for money or any
other consideration;
d. Any person who induces, persuades, entices, compels, kidnaps, recruits or in any
manner procures or causes a person to work in establishment knowing that the same is
involved in prostitution activities or when he/she has reasonable cause to believe that
such establishment is involved in the said activities;
xxx
g. Any person who derives profit or advantage from any of the prohibited acts defined in
this Section as owner, operator, manager, head, director, officer, or agent of the
establishment where the prostitution activity takes place or of the establishment serving
as a cover or venue for such prostitution activity or aiding another establishment or
person involved in any prostitution activity;
SECTION 4. Personal and Sanctions
d. When the offender is a legal or common-law spouse, ascendant, parent, guardian,
stepparent, collateral relative within the fourth degree of consanguinity or affinity or one
who exercises parental authority or moral ascendancy over the person exploited in
prostitution, he/she shall suffer the penalty of one (1) year imprisonment and a fine of
Five Thousand Pesos (P5,000.00) This penalty shall also apply to any offender who is
legal spouse or common-law spouse of any of the persons aforementioned;

Quezon City Ordinance No. SP-1516, series of 20054 City Ordinance Against Prostitution
Council majority leader Ariel Inton, principal author of the newly approved
ordinance, said the measure aims to minimize if not totally stop the increasing
rate of prostitution and violence against women and children in the city.


"There is an immediate need to eradicate prostitution, penalize its perpetrators
and patrons and protect its victims," Inton said.


Under the new law, violations can be committed by any person who pays money
in exchange for sex, recruit services of women to work in prostitution dens,
arrange travel tours and tourism-related activities that involve sexual exploitation
of any person as well as escort services.


Also punishable under the new law is the use of information technology,
television, film, radio, print or any form of media that promotes prostitution.


The ordinance provides penalties ranging from six months of mandatory human
rights education on the plight of the victims of prostitution to a maximum
imprisonment of one year and fine of P5,000 for those found guilty of violating the
same ordinance.


The new ordinance also provides the creation of a local anti-prostitution task
force composed of the city’s department of social services and
development, the Philippine National Police and non-government organizations
providing support services to victims of prostitution.


The task force shall formulate plans and programs in addressing prostitution and
conduct information campaigns, crisis intervention, educational assistance,
livelihood programs and financial support and after care programs for exploited
persons.

Manila City Ordinance
Children and Hazardous Work in the Philippines
Victoria Rialp
International Labour Organization, Jan 1, 1993 - Child labor