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August 14 Friday
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:
(a) Causing physical harm to the
woman or her child;
(b) Threatening to cause the woman
or her child physical harm;
(c) Attempting to cause the woman or
her child physical harm;
(d) Placing the woman or her child in
fear of imminent physical harm;
(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:
(1) Threatening to deprive or

actually depriving the woman
or her child of custody to
her/his family;
(2) Depriving or threatening to

deprive the woman or her
children of financial support
legally due her or her family, or
deliberately providing the
woman's children insufficient
financial support;
(3) Depriving or threatening to
deprive the woman or her child
of a legal right;
(4) Preventing the woman in
engaging in any legitimate
profession,
occupation,
business
or
activity
or
controlling the victim's own
mon4ey or properties, or solely
controlling the conjugal or
common money, or properties;
(f) Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not
constitute rape, by force or threat of
force, physical harm, or through
intimidation directed against the
woman or her child or her/his
immediate family;
(h) Engaging in purposeful, knowing,
or reckless conduct, personally or
through another, that alarms or
causes substantial emotional or
psychological distress to the woman
or her child. This shall include, but not
be limited to, the following acts:
CRIMINAL LAW REVIEW Special Penal Laws (Aug 14, 16) | Judge Debalucos
(1) Stalking or following the

woman or her child in public or
private places;
(2) Peering in the window or
lingering outside the residence
of the woman or her child;
(3) Entering or remaining in the
dwelling or on the property of
the woman or her child against
her/his will;
(4) Destroying the property and
personal belongings or inflicting
harm to animals or pets of the
woman or her child; and
(5) Engaging in any form of
harassment or violence;
(i) Causing mental or emotional
anguish, public ridicule or humiliation
to the woman or her child, including,
but not limited to, repeated verbal
and emotional abuse, and denial of
financial support or custody of minor
children of access to the woman's
child/children.
In order to be held liable, the woman

must be able to prove first that she or
her child is entitled to support.
With more reason, therefore, the
principle of conspiracy under Article 8
of
the
RPC
may
be
applied suppletorily to R.A. No. 9262
because of the express provision of
Section 47 that the RPC shall be
supplementary to said law. Thus,
general provisions of the RPC, which by
their nature, are necessarily applicable,

may be applied suppletorily.
Thus, the principle of conspiracy may
be applied to R.A. No. 9262. For once
conspiracy or action in concert to
achieve a criminal design is shown, the
act of one is the act of all the
conspirators, and the precise extent or
modality of participation of each of
them becomes secondary, since all the
conspirators are principals.
It must be further noted that Section 5
of R.A. No. 9262 expressly recognizes
that the acts of violence against
women and their children may be
committed by an offender through
another.
In addition, the protection order that
may be issued for the purpose of
preventing further acts of violence
against the
woman or her
child may include
individuals other
than the offending husband, thus:
SEC.
8. Protection
Orders. x x x The protection orders that
may be issued under this Act shall
include any, some or all of the
following reliefs:
(a) Prohibition of the respondent from
threatening to commit or committing,
personally or through another, any of
the acts mentioned in Section 5 of this
Act;
(b) Prohibition of the respondent from
harassing, annoying, telephoning,
contacting
or
otherwise
communicating with the petitioner,
directly or indirectly; x x x (Emphasis

supplied)
and abuse to whom the State extends

its protection.
Finally, Section 4 of R.A. No. 9262 calls

for a liberal construction of the law,
thus:
SEC. 4. Construction. - This Act shall
be liberally construed to promote the
protection and safety of victims of
violence against women and their
children. (Emphasis supplied)
I. R.A. 9262 rests on substantial

distinctions.
It bears mention that the intent of the

statute is the law and that this intent
must be effectuated by the courts. In
the present case, the express language
of R.A. No. 9262 reflects the intent of
the legislature for liberal construction
as will best ensure the attainment of
the object of the law according to its
true intent, meaning and spirit - the
protection and safety of victims of
violence against women and children.
(Go-Tan vs Spouses Tan, G.R. No.
168852, September 30, 2008)
R.A. 9262 does not violate the guaranty
of equal protection of the laws.
Equal protection simply requires that
all persons or things similarly situated
should be treated alike, both as to
rights conferred and responsibilities
imposed.
Measured against the foregoing

jurisprudential yardstick, we find that
R.A. 9262 is based on a valid
classification as shall hereinafter be
discussed and, as such, did not violate
the equal protection clause by favoring
women over men as victims of violence
The unequal power relationship

between women and men; the fact
that women are more likely than men
to be victims of violence; and the
widespread gender bias and prejudice
against women all make for real
differences justifying the classification
under the law. As Justice McIntyre
succinctly states, "the accommodation
of differences ... is the essence of true
equality."
II. The classification is germane to the
purpose of the law.
The distinction between men and
women is germane to the purpose of
R.A. 9262, which is to address violence
committed against women and
children, spelled out in its Declaration
of Policy.
III. The classification is not limited to
existing conditions only, and apply
equally to all members.
Moreover, the application of R.A. 9262
is not limited to the existing conditions
when it was promulgated, but to future
conditions as well, for as long as the
safety and security of women and their
children are threatened by violence and
abuse.
R.A. 9262 applies equally to all women
and children who suffer violence and
abuse.
It should be stressed that the acts

enumerated in the aforequoted
provision are attributable to research
that has exposed the dimensions and
dynamics of battery. The acts described
here are also found in the U.N.
Declaration on the Elimination of
Violence Against Women. Hence, the
argument advanced by petitioner that
the definition of what constitutes
abuse removes the difference between
violent action and simple marital tiffs is
tenuous.
There is nothing in the definition of
VAWC that is vague and ambiguous
that will confuse petitioner in his
defense. The acts enumerated above
are easily understood and provide
adequate contrast between the
innocent
and
the
prohibited
acts. (Garcia vs Drilon, G.R. No.
179267, June 25, 2013)
The failure to give support will give rise
to a civil or criminal action for support.
If a child is involved, the accused could
also be held liable for committing a
violation against RA 7610. If the child is
illegitimate, the paternity of the
accused must be established first.
SECTION 6. Penalties.- The crime of violence

against women and their children, under
Section 5 hereof shall be punished according
to the following rules:
(a) Acts falling under Section 5(a)
constituting attempted, frustrated or
consummated parricide or murder or
homicide shall be punished in accordance
with the provisions of the Revised Penal
Code.
If these acts resulted in mutilation, it shall be

punishable in accordance with the Revised
Penal Code; those constituting serious
physical injuries shall have the penalty of
prison mayor; those constituting less serious
physical injuries shall be punished by prision
correccional; and those constituting slight
physical injuries shall be punished by arresto
mayor.
Acts falling under Section 5(b) shall be
punished by imprisonment of two degrees
lower than the prescribed penalty for the
consummated crime as specified in the
preceding paragraph but shall in no case be
lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d)
shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be
punished by prision correccional;
(d) Acts falling under Section 5(f) shall be
punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be
punished by prision mayor;
(f) Acts falling under Section 5(h) and Section
5(i) shall be punished by prision mayor.
If the acts are committed while the woman
or child is pregnant or committed in the
presence of her child, the penalty to be
applied shall be the maximum period of
penalty prescribed in the section.
In addition to imprisonment, the perpetrator
shall (a) pay a fine in the amount of not less
than One hundred thousand pesos
(P100,000.00) but not more than three
hundred thousand pesos (300,000.00); (b)
undergo mandatory psychological counseling
or psychiatric treatment and shall report
compliance to the court.
The penalties provided here is one
degree higher than those provided
under the Revised Penal Code. If rape,
homicide, murder or parricide was
committed, a criminal action under the

RPC will instead be filed.
Aggravating circumstances:
o If the acts are committed while
the woman or child is pregnant;
or
o committed in the presence of
her child
SECTION 7. Venue.- The Regional Trial Court

designated as a Family Court shall have
original and exclusive jurisdiction over cases
of violence against women and their children
under this law. In the absence of such court
in the place where the offense was
committed, the case shall be filed in the
Regional Trial Court where the crime or any
of its elements was committed at the option
of the compliant.
SECTION 8. Protection Orders.- A protection
order is an order issued under this act for the
purpose of preventing further acts of
violence against a woman or her child
specified in Section 5 of this Act and granting
other necessary relief. The relief granted
under a protection order serve the purpose
of safeguarding the victim from further
harm, minimizing any disruption in the
victim's daily life, and facilitating the
opportunity and ability of the victim to
independently regain control over her life.
The provisions of the protection order shall
be enforced by law enforcement agencies.
The protection orders that may be issued
under this Act are the barangay protection
order (BPO), temporary protection order
(TPO) and permanent protection order
(PPO). The protection orders that may be
issued under this Act shall include any, some
or all of the following reliefs:
(a) Prohibition of the respondent from
threatening to commit or committing,
personally or through another, any of the

acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from
harassing, annoying, telephoning, contacting
or otherwise communicating with the
petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent
from the residence of the petitioner,
regardless of ownership of the residence,
either temporarily for the purpose of
protecting the petitioner, or permanently
where no property rights are violated, and if
respondent must remove personal effects
from the residence, the court shall direct a
law enforcement agent to accompany the
respondent has gathered his things and
escort respondent from the residence;
(d) Directing the respondent to stay away
from petitioner and designated family or
household member at a distance specified by
the court, and to stay away from the
residence, school, place of employment, or
any specified place frequented by the
petitioner and any designated family or
household member;
(e) Directing lawful possession and use by
petitioner of an automobile and other
essential personal effects, regardless of
ownership, and directing the appropriate law
enforcement officer to accompany the
petitioner to the residence of the parties to
ensure that the petitioner is safely restored
to the possession of the automobile and
other essential personal effects, or to
supervise the petitioner's or respondent's
removal of personal belongings;
(f) Granting a temporary or permanent
custody of a child/children to the petitioner;
(g) Directing the respondent to provide
support to the woman and/or her child if
entitled to legal support. Notwithstanding
other laws to the contrary, the court shall
order an appropriate percentage of the
income or salary of the respondent to be

withheld regularly by the respondent's
employer for the same to be automatically
remitted directly to the woman. Failure to
remit and/or withhold or any delay in the
remittance of support to the woman and/or
her child without justifiable cause shall
render the respondent or his employer liable
for indirect contempt of court;
(h) Prohibition of the respondent from any
use or possession of any firearm or deadly
weapon and order him to surrender the
same to the court for appropriate disposition
by the court, including revocation of license
and disqualification to apply for any license
to use or possess a firearm. If the offender is
a law enforcement agent, the court shall
order the offender to surrender his firearm
and shall direct the appropriate authority to
investigate on the offender and take
appropriate action on matter;
(i) Restitution for actual damages caused by
the violence inflicted, including, but not
limited to, property damage, medical
expenses, childcare expenses and loss of
income;
(j) Directing the DSWD or any appropriate
agency to provide petitioner may need; and
(k) Provision of such other forms of relief as
the court deems necessary to protect and
provide for the safety of the petitioner and
any designated family or household
member, provided petitioner and any
designated family or household member
consents to such relief.
Any of the reliefs provided under this section
shall be granted even in the absence of a
decree of legal separation or annulment or
declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an
application for BPO shall not preclude a
petitioner from applying for, or the court
from granting a TPO or PPO.
A Barangay Protection Order is the

easiest to obtain. It can be filed in the
barangay where the accused is
residing. It is issued on the same day
when the complainant applies for it.
The issue of constitutionality was
raised by a husband after the latter
failed to obtain an injunction from the
CA to enjoin the implementation of a
protection order issued against him by
the RTC. The Court ruled that R.A. No.
9262 rests on real substantial
distinctions
which
justify
the
classification under the law: the
unequal power relationship between
women and men; the fact that women
are more likely than men to be victims
of violence; and the widespread bias
and prejudice against women.
There is no undue delegation of judicial
power to barangay officials.
Petitioner contends that protection
orders involve the exercise of judicial
power which, under the Constitution, is
placed upon the "Supreme Court and
such other lower courts as may be
established by law" and, thus, protests
the delegation of power to barangay
officials to issue protection orders.
As clearly delimited by the aforequoted
provision, the BPO issued by the
Punong
Barangay
or,
in
his
unavailability, by any available
Barangay Kagawad, merely orders the
perpetrator to desist from (a) causing
physical harm to the woman or her
child; and (2) threatening to cause the
woman or her child physical harm.

Such function of the Punong Barangay
is, thus, purely executive in nature, in
pursuance of his duty under the Local
Government Code to "enforce all laws
and ordinances," and to "maintain
public order in the barangay."
We have held that "(t)he mere fact that
an officer is required by law to inquire
into the existence of certain facts and
to apply the law thereto in order to
determine what his official conduct
shall be and the fact that these acts
may affect private rights do not
constitute an exercise of judicial
powers."
In the same manner as the public
prosecutor ascertains through a
preliminary inquiry or proceeding
"whether there is reasonable ground to
believe that an offense has been
committed and the accused is probably
guilty thereof," the Punong Barangay
must determine reasonable ground to
believe that an imminent danger of
violence against the woman and her
children exists or is about to recur that
would necessitate the issuance of a
BPO. The preliminary investigation
conducted by the prosecutor is,
concededly, an executive, not a judicial,
function. The same holds true with the
issuance of a BPO.
We need not even belabor the issue

raised by petitioner that since
barangay officials and other law
enforcement agencies are required to
extend assistance to victims of violence
and abuse, it would be very unlikely
that they would remain objective and
impartial, and that the chances of

acquittal are nil. As already stated,
assistance by barangay officials and
other law enforcement agencies is
consistent with their duty to enforce
the law and to maintain peace and
order. (Garcia vs Drilon, G.R. No.
179267, June 25, 2013)
The court may include an order to
the husband or boyfriend to stay
away from the complainant and/or
their child for a particular distance.
As a general rule, retirement benefits
cannot be subjected to attachment
or execution. Under this law, the
Court can order it to be withheld for
it to be given to the wife.
In this petition, the question of law
presented is whether petitioner
military institution may be ordered to
automatically deduct a percentage
from the retirement benefits of its
enlisted personnel, and to give the
same directly to the latters lawful
wife as spousal support in compliance
with a protection order issued by the
RTC pursuant to R.A. No. 9262.
Petitioner argues that it cannot
comply with the RTCs directive for
the automatic deduction of 50% from
S/Sgt. Yahons retirement benefits
and pension to be given directly to
respondent, as it contravenes an
explicit mandate under the law
governing the retirement and
separation of military personnel. The
assailed provision is found in
Presidential Decree (P.D.) No. 1638. A
similar provision is found in R.A. No.

8291, otherwise known as the
"Government
Service
Insurance
System Act of 1997," The foregoing
exemptions have been incorporated
in the 1997 Rules of Civil Procedure,
as amended, which governs execution
of judgments and court orders.
Section 13 of Rule 39 enumerates
those properties which are exempt
from execution.
We hold that Section 8(g) of R.A. No.
9262, being a later enactment, should
be construed as laying down an
exception to the general rule abovestated that retirement benefits are
exempt from execution. The law itself
declares that the court shall order the
withholding of a percentage of the
income or salary of the respondent by
the employer, which shall be
automatically remitted directly to the
woman "[n]otwithstanding other
laws to the contrary."
Section 8(g) of R.A. No. 9262 used the
general term "employer," which
includes in its coverage the military
institution, S/Sgt. Yahons employer.
Where the law does not distinguish,
courts should not distinguish. Thus,
Section 8(g) applies to all employers,
whether private or government.
It bears stressing that Section 8(g)

providing for spousal and child
support, is a support enforcement
legislation.1wphi1In the United
States, provisions of the Child Support
Enforcement Act allow garnishment
of certain federal funds where the
intended recipient has failed to
satisfy a legal obligation of child

support. As these provisions were
designed "to avoid sovereign
immunity problems" and provide that
"moneys payable by the Government
to any individual are subject to child
support enforcement proceedings,"
the law is clearly intended to "create
a limited waiver of sovereign
immunity so that state courts could
issue valid orders directed against
Government agencies attaching
funds in their possession."
The relief provided in Section 8(g)
thus fulfills the objective of restoring
the dignity of women who are victims
of domestic violence and provide
them continued protection against
threats to their personal safety and
security.
"The scope of reliefs in protection
orders is broadened to ensure that
the victim or offended party is
afforded all the remedies necessary
to curtail access by a perpetrator to
the victim. This serves to safeguard
the victim from greater risk of
violence; to accord the victim and any
designated family or household
member safety in the family
residence, and to prevent the
perpetrator from committing acts
that jeopardize the employment and
support of the victim. It also enables
the court to award temporary
custody of minor children to protect
the children from violence, to prevent
their abduction by the perpetrator
and to ensure their financial
support." (Republic vs Yahon, G.R. No.
201043, June 16, 2014)
Petitioner cannot rely on Article 195 of

the New Civil Code in demanding
support from respondent, who is a
foreign citizen, since Article 15 of the
New Civil Code stresses the principle of
nationality. In other words, insofar as
Philippine laws are
concerned,
specifically the provisions of the Family
Code on support, the same only applies
to Filipino citizens. By analogy, the
same principle applies to foreigners
such that they are governed by their
national law with respect to family
rights and duties.
The obligation to give support to a
child is a matter that falls under family
rights and duties. Since the respondent
is a citizen of Holland or the
Netherlands, we agree with the RTCCebu that he is subject to the laws of
his country, not to Philippinelaw, as to
whether he is obliged to give support to
his child, as well as the consequences
of his failure to do so.
Since the law of the Netherlands as
regards the obligation to support has
not been properly pleaded and proved
in the instant case, it is presumed to be
the same with Philippine law, which
enforces the obligation of parents to
support their children and penalizing
the non-compliance therewith.
Even if the laws of the Netherlands

neither enforce a parents obligation to
support his child nor penalize the
noncompliance
therewith,
such
obligation is still duly enforceable in the
Philippines because it would be of great

injustice to the child to be denied of
financial support when the latter is
entitled thereto.
We emphasize, however, that as to
petitioner herself, respondent is no
longer liable to support his former wife,
in consonance with the ruling in San
Luis v. San Luis, to wit: As to the effect
of the divorce on the Filipino wife, the
Court ruled that she should no longer
be considered married to the alien
spouse. Further, she should not be
required to perform her marital duties
and obligations.
We find that respondent may be made
liable under Section 5(e) and (i) of R.A.
No. 9262 for unjustly refusing or failing
to give support to petitioners son.
Under the aforesaid special law, the
deprivation or denial of financial
support to the child is considered an
act of violence against women and
children.
In
addition,
considering
that
respondent is currently living in the
Philippines, we find strength in
petitioners claim that the Territoriality
Principle in criminal law, in relation to
Article 14 of the New Civil Code, applies
to the instant case, which provides
that: "[p]enal laws and those of public
security and safety shall be obligatory
upon all who live and sojourn in
Philippine territory, subject to the
principle of public international law
and to treaty stipulations." On this
score, it is indisputable that the alleged
continuing acts of respondent in
refusing to support his child with
10
petitioner is committed here in the

Philippines as all of the parties herein
are residents of the Province of Cebu
City. As such, our courts have territorial
jurisdiction over the offense charged
against respondent. It is likewise
irrefutable that jurisdiction over the
respondent was acquired upon his
arrest.
(g) lawyer, counselor, therapist or healthcare

provider of the petitioner;
(h) At least two (2) concerned responsible
citizens of the city or municipality where the
violence against women and their children
occurred and who has personal knowledge
of the offense committed.
Every precinct has a designated
Womens desk.
Finally, we do not agree with

respondents argument that granting,
but not admitting, that there is a legal
basis for charging violation of R.A. No.
9262 in the instant case, the criminal
liability has been extinguished on the
ground of prescription of crime under
Section 24 of R.A. No. 9262.
SECTION 10. Where to Apply for a Protection

Order. Applications for BPOs shall follow
the rules on venue under Section 409 of the
Local Government Code of 1991 and its
implementing rules and regulations. An
application for a TPO or PPO may be filed in
the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit
trial court with territorial jurisdiction over
the place of residence of the petitioner:
Provided, however, That if a family court
exists in the place of residence of the
petitioner, the application shall be filed with
that court.
Barangay Protection Order (BPO):
barangay where you are residing. If
you are living separately, you file it in
the
barangay
where
your
husband/boyfriend is residing.
Temporary PO or Permanent PO: filed
in the regional trial court, metropolitan
trial court, municipal trial court,
municipal circuit trial court with
territorial jurisdiction over the place of
residence of the petitioner. If there is a
family court, the application should be
filed there.
The act of denying support to a child

under Section 5(e)(2) and (i) of R.A. No.
9262 is a continuing offense, which
started in 1995 but is still ongoing at
present. Accordingly, the crime charged
in the instant case has clearly not
prescribed. (Del Socorro vs Van Wilsem,
G.R. No. 193707, December 10, 2014)
SECTION 9. Who may file Petition for
Protection Orders. A petition for protection
order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended
party;
(c) ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity;
(d) officers or social workers of the DSWD or
social workers of local government units
(LGUs);
(e) police officers, preferably those in charge
of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
SECTION 11. How to Apply for a Protection

Order. The application for a protection
order must be in writing, signed and verified
11
under oath by the applicant. It may be filed

as an independent action or as incidental
relief in any civil or criminal case the subject
matter or issues thereof partakes of a
violence as described in this Act. A standard
protection order application form, written in
English with translation to the major local
languages, shall be made available to
facilitate applications for protections order,
and shall contain, among other, the
following information:
(a) names and addresses of petitioner and
respondent;
(b) description of relationships between
petitioner and respondent;
(c) a statement of the circumstances of the
abuse;
(d) description of the reliefs requested by
petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees
until hearing; and
(g) an attestation that there is no pending
application for a protection order in another
court.
If the applicants is not the victim, the
application must be accompanied by an
affidavit of the applicant attesting to (a) the
circumstances of the abuse suffered by the
victim and (b) the circumstances of consent
given by the victim for the filling of the
application. When disclosure of the address
of the victim will pose danger to her life, it
shall be so stated in the application. In such a
case, the applicant shall attest that the
victim is residing in the municipality or city
over which court has territorial jurisdiction,
and shall provide a mailing address for
purpose of service processing.
An application for protection order filed with
a court shall be considered an application for
both a TPO and PPO.
Barangay officials and court personnel shall

assist applicants in the preparation of the
application. Law enforcement agents shall
also extend assistance in the application for
protection orders in cases brought to their
attention.
SECTION 12. Enforceability of Protection
Orders. All TPOs and PPOs issued under
this Act shall be enforceable anywhere in the
Philippines and a violation thereof shall be
punishable with a fine ranging from Five
Thousand Pesos (P5,000.00) to Fifty
Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13. Legal Representation of
Petitioners for Protection Order. If the
woman or her child requests in the
applications for a protection order for the
appointment of counsel because of lack of
economic means to hire a counsel de parte,
the court shall immediately direct the Public
Attorney's Office (PAO) to represent the
petitioner in the hearing on the application.
If the PAO determines that the applicant can
afford to hire the services of a counsel de
parte, it shall facilitate the legal
representation of the petitioner by a counsel
de parte. The lack of access to family or
conjugal resources by the applicant, such as
when the same are controlled by the
perpetrator, shall qualify the petitioner to
legal representation by the PAO.
However, a private counsel offering free
legal service is not barred from representing
the petitioner.
SECTION 14. Barangay Protection Orders
(BPOs); Who May Issue and How. - Barangay
Protection Orders (BPOs) refer to the
protection order issued by the Punong
Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and
(b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue
the protection order to the applicant on the

date of filing after ex parte determination of
the basis of the application. If the Punong
Barangay is unavailable to act on the
application for a BPO, the application shall
be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by
an attestation by the Barangay Kagawad that
the Punong Barangay was unavailable at the
time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days.
Immediately after the issuance of an ex
parte BPO, the Punong Barangay or Barangay
Kagawad shall personally serve a copy of the
same on the respondent, or direct any
barangay official to effect is personal service.
The parties may be accompanied by a nonlawyer advocate in any proceeding before
the Punong Barangay.
WHO: Punong Barangay
If the Punong Barangay is unavailable:
any available Barangay Kagawad, the
order must be accompanied by an
attestation
by
the Barangay
Kagawad that
the Punong
Barangay was unavailable at the time
for the issuance of the BPO.
Why is it issued immediately: for the
safety of the complainant and her child
How long is it effective: fifteen (15)
days
12
SECTION 15. Temporary Protection Orders.

Temporary Protection Orders (TPOs) refers
to the protection order issued by the court
on the date of filing of the application
after ex parte determination that such order
should be issued. A court may grant in a TPO
any, some or all of the reliefs mentioned in
this Act and shall be effective for thirty (30)
days. The court shall schedule a hearing on

the issuance of a PPO prior to or on the date
of the expiration of the TPO. The court shall
order the immediate personal service of the
TPO on the respondent by the court sheriff
who may obtain the assistance of law
enforcement agents for the service. The TPO
shall include notice of the date of the
hearing on the merits of the issuance of a
PPO.
Only a court can issue a TPO. It could
be a first level court in the absence of
an RTC.
WHEN: on the date of filing of the
application
after ex
parte determination that such order
should be issued.
o Ex
parte
(based
on
complainants allegations only)
because it should be issued
immediately
If the court issues a TPO, it should also
require the respondent to file his
opposition to the issuance of the order
within five (5) days from receiving the
order.
SECTION 16. Permanent Protection Orders.
Permanent Protection Order (PPO) refers to
protection order issued by the court after
notice and hearing.
Respondents non-appearance despite proper
notice, or his lack of a lawyer, or the nonavailability of his lawyer shall not be a
ground for rescheduling or postponing the
hearing on the merits of the issuance of a
PPO. If the respondents appears without
counsel on the date of the hearing on the
PPO, the court shall appoint a lawyer for the
respondent and immediately proceed with
the hearing. In case the respondent fails to
13
appear despite proper notice, the court shall

allow ex parte presentation of the evidence
by the applicant and render judgment on the
basis of the evidence presented. The court
shall allow the introduction of any history of
abusive conduct of a respondent even if the
same was not directed against the applicant
or the person for whom the applicant is
made.
The court shall, to the extent possible,
conduct the hearing on the merits of the
issuance of a PPO in one (1) day. Where the
court is unable to conduct the hearing within
one (1) day and the TPO issued is due to
expire, the court shall continuously extend
or renew the TPO for a period of thirty (30)
days at each particular time until final
judgment is issued. The extended or
renewed TPO may be modified by the court
as may be necessary or applicable to address
the needs of the applicant.
The court may grant any, some or all of the
reliefs specified in Section 8 hereof in a PPO.
A PPO shall be effective until revoked by a
court upon application of the person in
whose favor the order was issued. The court
shall ensure immediate personal service of
the PPO on respondent.
The court shall not deny the issuance of
protection order on the basis of the lapse of
time between the act of violence and the
filing of the application.
Regardless of the conviction or acquittal of
the respondent, the Court must determine
whether or not the PPO shall become final.
Even in a dismissal, a PPO shall be granted as
long as there is no clear showing that the act
from which the order might arise did not
exist.
Purpose of hearing: to determine
whether or not make the protection
order permanent.
Even if the court will dismiss the case,

it could still issue a PPO if it believes
that there is a need to issue such.
Evidence of abusive conduct of
respondent may be presented and is
admissible in court even if such was
committed or directed against another
person other than the wife or child.
SECTION 17. Notice of Sanction in Protection
Orders. The following statement must be
printed in bold-faced type or in capital
letters on the protection order issued by
the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE
BY LAW."
SECTION 18. Mandatory Period For Acting on
Applications For Protection Orders Failure
to act on an application for a protection
order within the reglementary period
specified in the previous section without
justifiable cause shall render the official or
judge administratively liable.
This is ignorance of the law on the part
of the judge.
SECTION 19. Legal Separation Cases. In
cases of legal separation, where violence as
specified in this Act is alleged, Article 58 of
the Family Code shall not apply. The court
shall proceed on the main case and other
incidents of the case as soon as possible. The
hearing on any application for a protection
order filed by the petitioner must be
conducted within the mandatory period
specified in this Act.
Article 58 of the Family Code refers to
the mandatory cooling off period (6
months) before a trial for a legal
separation case is commenced.
14
SECTION 20. Priority of Application for a

Protection Order. Ex parte and adversarial
hearings to determine the basis of
applications for a protection order under this
Act shall have priority over all other
proceedings. Barangay officials and the
courts shall schedule and conduct hearings
on applications for a protection order under
this Act above all other business and, if
necessary, suspend other proceedings in
order to hear applications for a protection
order.
SECTION 21. Violation of Protection Orders.
A complaint for a violation of a BPO issued
under this Act must be filed directly with any
municipal trial court, metropolitan trial
court, or municipal circuit trial court that has
territorial jurisdiction over the barangay that
issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30)
days without prejudice to any other criminal
or civil action that the offended party may
file for any of the acts committed.
A judgment of violation of a BPO maybe
appealed according to the Rules of Court.
During trial and upon judgment, the trial
court may motu proprio issue a protection
order as it deems necessary without need of
an application.
Violation of any provision of a TPO or PPO
issued under this Act shall constitute
contempt of court punishable under Rule 71
of the Rules of Court, without prejudice to
any other criminal or civil action that the
offended party may file for any of the acts
committed.
SECTION 22. Applicability of Protection
Orders to Criminal Cases. The foregoing
provisions on protection orders shall be
applicable in impliedly instituted with the
criminal actions involving violence against
women and their children.
If you file a criminal case (e.g.

parricide), you can also file a motion
for the issuance of a protection order.
SECTION 23. Bond to Keep the Peace. The
Court may order any person against whom a
protection order is issued to give a bond to
keep the peace, to present two sufficient
sureties who shall undertake that such
person will not commit the violence sought
to be prevented.
Should the respondent fail to give the bond
as required, he shall be detained for a period
which shall in no case exceed six (6) months,
if he shall have been prosecuted for acts
punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts
punishable under Section 5(g) to 5(I).
The protection orders referred to in this
section are the TPOs and the PPOs issued
only by the courts.
SECTION 24. Prescriptive Period. Acts
falling under Sections 5(a) to 5(f) shall
prescribe in twenty (20) years. Acts falling
under Sections 5(g) to 5(I) shall prescribe in
ten (10) years.
SECTION 25. Public Crime. Violence against
women and their children shall be
considered a public offense which may be
prosecuted upon the filing of a complaint by
any citizen having personal knowledge of the
circumstances involving the commission of
the crime.
SECTION 26. Battered Woman Syndrome as a
Defense. Victim-survivors who are found
by the courts to be suffering from battered
woman syndrome do not incur any criminal
and civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of
the woman who was suffering from battered
15
woman syndrome at the time of the

commission of the crime, the courts shall be
assisted
by
expert
psychiatrists/
psychologists.
Battered woman syndrome is already
considered as an illness. It is
considered as a kind of self-defense.
If you are found to be suffering from
such, even if there is no unlawful
aggression from your husband no
liability will be incurred by the accusedwife. The defense must be able to
present proof that the accused is
indeed suffering from battered woman
syndrome.
A
psychologist
or
psychiatrist must be presented in
court. You cannot be considered a
victim suffering from battered woman
syndrome if the violence or abuse is
not repeated.
Please read: People vs Genosa, G.R.
No. 135981, January 15, 2004 on the
discussion on battered woman
syndrome. This case was decided
before RA 9262 was approved.
In claiming self-defense, appellant
raises the novel theory of the battered
woman syndrome. While new in
Philippine jurisprudence, the concept
has been recognized in foreign
jurisdictions as a form of self-defense
or, at the least, incomplete selfdefense. By appreciating evidence that
a victim or defendant is afflicted with
the syndrome, foreign courts convey
their understanding of the justifiably
fearful state of mind of a person who
has been cyclically abused

controlled over a period of time.
and
A battered woman has been defined as

a woman who is repeatedly subjected
to
any
forceful
physical
or
psychological behavior by a man in
order to coerce her to do something he
wants her to do without concern for
her rights. Battered women include
wives or women in any form of
intimate relationship with men.
Furthermore, in order to be classified
as a battered woman, the couple must
go through the battering cycle at least
twice. Any woman may find herself in
an abusive relationship with a man
once. If it occurs a second time, and she
remains in the situation, she is defined
as a battered woman.
Battered women exhibit common
personality traits, such as low selfesteem, traditional beliefs about the
home, the family and the female sex
role; emotional dependence upon the
dominant male; the tendency to accept
responsibility for the batterers actions;
and false hopes that the relationship
will improve.
More graphically, the battered woman
syndrome is characterized by the socalled cycle of violence, which has three
phases: (1) the tension-building phase;
(2) the acute battering incident; and (3)
the tranquil, loving (or, at least,
nonviolent) phase.
During the tension-building phase,
minor battering occurs -- it could be
verbal or slight physical abuse or
another form of hostile behavior. The
woman usually tries to pacify the

batterer through a show of kind,
nurturing behavior; or by simply
staying out of his way. What actually
happens is that she allows herself to be
abused in ways that, to her, are
comparatively minor. All she wants is
to prevent the escalation of the
violence exhibited by the batterer. This
wish, however, proves to be doubleedged, because her placatory and
passive behavior legitimizes his belief
that he has the right to abuse her in
the first place.
However, the techniques adopted by
the woman in her effort to placate him
are not usually successful, and the
verbal and/or physical abuse worsens.
Each partner senses the imminent loss
of control and the growing tension and
despair. Exhausted from the persistent
stress, the battered woman soon
withdraws emotionally. But the more
she becomes emotionally unavailable,
the more the batterer becomes angry,
oppressive and abusive. Often, at some
unpredictable point, the violence
spirals out of control and leads to an
acute battering incident.
16
The acute battering incident is said to

be
characterized
by
brutality,
destructiveness and, sometimes, death.
The battered woman deems this
incident as unpredictable, yet also
inevitable. During this phase, she has
no control; only the batterer may put
an end to the violence. Its nature can
be as unpredictable as the time of its
explosion, and so are his reasons for
ending it. The battered woman usually
realizes that she cannot reason with
him, and that resistance would only

exacerbate her condition.
At this stage, she has a sense of
detachment from the attack and the
terrible pain, although she may later
clearly remember every detail. Her
apparent passivity in the face of acute
violence may be rationalized thus: the
batterer is almost always much
stronger physically, and she knows
from her past painful experience that it
is futile to fight back. Acute battering
incidents are often very savage and out
of control, such that innocent
bystanders or intervenors are likely to
get hurt.
The final phase of the cycle of violence
begins when the acute battering
incident ends. During this tranquil
period, the couple experience profound
relief. On the one hand, the batterer
may show a tender and nurturing
behavior towards his partner. He
knows that he has been viciously cruel
and tries to make up for it, begging for
her forgiveness and promising never to
beat her again. On the other hand, the
battered woman also tries to convince
herself that the battery will never
happen again; that her partner will
change for the better; and that this
good, gentle and caring man is the real
person whom she loves.
A battered woman usually believes that
she is the sole anchor of the emotional
stability of the batterer. Sensing his
isolation and despair, she feels
responsible for his well-being. The
truth, though, is that the chances of his
reforming, or seeking or receiving
professional help, are very slim,

especially if she remains with him.
Generally, only after she leaves him
does he seek professional help as a way
of getting her back. Yet, it is in this
phase of remorseful reconciliation that
she is most thoroughly tormented
psychologically.
The
illusion
of
absolute
interdependency is well-entrenched in
a battered womans psyche. In this
phase, she and her batterer are indeed
emotionally dependent on each other -she for his nurturant behavior, he for
her forgiveness. Underneath this
miserable cycle of tension, violence and
forgiveness, each partner may believe
that it is better to die than to be
separated. Neither one may really feel
independent, capable of functioning
without the other.
17
Being a novel concept in our

jurisprudence, the battered woman
syndrome was neither easy nor simple
to analyze and recognize vis--vis the
given set of facts in the present case.
The Court agonized on how to apply
the theory as a modern-day reality. It
took great effort beyond the normal
manner in which decisions are made -on the basis of existing law and
jurisprudence applicable to the proven
facts. To give a just and proper
resolution of the case, it endeavored to
take a good look at studies conducted
here and abroad in order to understand
the intricacies of the syndrome and the
distinct personality of the chronically
abused person. Certainly, the Court has
learned much. And definitely, the
solicitor general and appellants
counsel, Atty. Katrina Legarda, have

helped it in such learning process.
While our hearts empathize with
recurrently battered persons, we can
only work within the limits of law,
jurisprudence and given facts. We
cannot make or invent them. Neither
can we amend the Revised Penal Code.
Only Congress, in its wisdom, may do
so.
The Court, however, is not discounting
the possibility of self-defense arising
from the battered woman syndrome.
We now sum up our main points. First,
each of the phases of the cycle of
violence must be proven to have
characterized at least two battering
episodes between the appellant and
her intimate partner. Second, the final
acute battering episode preceding the
killing of the batterer must have
produced in the battered persons mind
an actual fear of an imminent harm
from her batterer and an honest belief
that she needed to use force in order to
save her life. Third, at the time of the
killing, the batterer must have posed
probable -- not necessarily immediate
and actual -- grave harm to the
accused, based on the history of
violence perpetrated by the former
against the latter. Taken altogether,
these circumstances could satisfy the
requisites of self-defense. Under the
existing facts of the present case,
however, not all of these elements
were duly established. (People vs
Genosa, G.R. No. 135981, January 15,
2004)
18
SECTION 27. Prohibited Defense. Being

under the influence of alcohol, any illicit
drug, or any other mind-altering substance
shall not be a defense under this Act.
SECTION 28. Custody of children. The
woman victim of violence shall be entitled to
the custody and support of her
child/children. Children below seven (7)
years old older but with mental or physical
disabilities shall automatically be given to
the mother, with right to support, unless the
court finds compelling reasons to order
otherwise.
A victim who is suffering from battered
woman syndrome shall not be disqualified
from having custody of her children. In no
case shall custody of minor children be given
to the perpetrator of a woman who is
suffering from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court
Personnel. Prosecutors and court
personnel should observe the following
duties when dealing with victims under this
Act:
a) communicate with the victim in a
language understood by the woman or her
child; and
b) inform the victim of her/his rights
including legal remedies available and
procedure, and privileges for indigent
litigants.
SECTION 30. Duties of Barangay Officials and
Law Enforcers. Barangay officials and law
enforcers shall have the following duties:
(a) respond immediately to a call for help or
request for assistance or protection of the
victim by entering the necessary whether or
not a protection order has been issued and
ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the
possession of the perpetrator or within plain
view;
(c) transport or escort the victim/s to a safe

place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal
belongs from the house;
(e) assist the barangay officials and other
government officers and employees who
respond to a call for help;
(f) ensure the enforcement of the Protection
Orders issued by the Punong Barangy or the
courts;
(g) arrest the suspected perpetrator wiithout
a warrant when any of the acts of violence
defined by this Act is occurring, or when
he/she has personal knowledge that any act
of abuse has just been committed, and there
is imminent danger to the life or limb of the
victim as defined in this Act; and
(h) immediately report the call for
assessment or assistance of the DSWD, social
Welfare Department of LGUs or accredited
non-government organizations (NGOs).
Any barangay official or law enforcer who
fails to report the incident shall be liable for
a fine not exceeding Ten Thousand Pesos
(P10,000.00) or whenever applicable
criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response
to Abuse Any healthcare provider,
including, but not limited to, an attending
physician, nurse, clinician, barangay health
worker, therapist or counselor who suspects
abuse or has been informed by the victim of
violence shall:
(a) properly document any of the victim's
physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions,
observations and circumstances of the
examination or visit;
(c) automatically provide the victim free of
charge a medical certificate concerning the
examination or visit;
19
(d) safeguard the records and make them

available to the victim upon request at
actual cost; and
(e) provide the victim immediate and
adequate notice of rights and remedies
provided under this Act, and services
available to them.
SECTION 32. Duties of Other Government
Agencies and LGUs Other government
agencies and LGUs shall establish programs
such as, but not limited to, education and
information campaign and seminars or
symposia on the nature, causes, incidence
and consequences of such violence
particularly towards educating the public on
its social impacts.
It shall be the duty of the concerned
government agencies and LGU's to ensure
the sustained education and training of their
officers and personnel on the prevention of
under the Act.
SECTION 33. Prohibited Acts. A Punong
Barangay, Barangay Kagawad or the court
hearing an application for a protection order
shall not order, direct, force or in any way
unduly influence the applicant for a
protection order to compromise or abandon
any of the reliefs sought in the application
for protection under this Act. Section 7 of the
Family Courts Act of 1997 and Sections 410,
411, 412 and 413 of the Local Government
Code of 1991 shall not apply in proceedings
where relief is sought under this Act.
Failure to comply with this Section shall
render the official or judge administratively
liable.
Amicable settlement does not apply in
a case involving a violation under this
law.
SECTION 34. Persons Intervening Exempt
from Liability. In every case of violence
against women and their children as herein

defined, any person, private individual or
police authority or barangay official who,
acting in accordance with law, responds or
intervenes without using violence or
restraint greater than necessary to ensure
the safety of the victim, shall not be liable
for any criminal, civil or administrative
liability resulting therefrom.
SECTION 35. Rights of Victims. In addition
to their rights under existing laws, victims of
shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO
of the Department of Justice (DOJ) or any
public legal assistance office;
(c) To be entitled to support services form
the DSWD and LGUs'
(d) To be entitled to all legal remedies and
support as provided for under the Family
Code; and
(e) To be informed of their rights and the
services available to them including their
right to apply for a protection order.
SECTION 37. Hold Departure Order. The
court shall expedite the process of issuance
of a hold departure order in cases
prosecuted under this Act.
SECTION 38. Exemption from Payment of
Docket Fee and Other Expenses. If the
victim is an indigent or there is an immediate
necessity due to imminent danger or threat
of danger to act on an application for a
protection order, the court shall accept the
application without payment of the filing fee
and other fees and of transcript of
stenographic notes.
SECTION 39. Inter-Agency Council on
Violence Against Women and Their Children
(IAC-VAWC). In
pursuance
of
the
abovementioned policy, there is hereby
established an Inter-Agency Council on
20
Violence Against Women and their children,

hereinafter known as the Council, which
shall be composed of the following agencies:
(a) Department of Social Welfare and
Development (DSWD);
(b) National Commission on the Role of
Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children
(CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local
Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment
(DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate
programs and projects to eliminate VAW
based on their mandates as well as develop
capability programs for their employees to
become more sensitive to the needs of their
clients. The Council will also serve as the
monitoring body as regards to VAW
initiatives.
The Council members may designate their
duly authorized representative who shall
have a rank not lower than an assistant
secretary or its
equivalent.
These
representatives
shall
attend
Council
meetings in their behalf, and shall receive
emoluments as may be determined by the
Council in accordance with existing budget
and accounting rules and regulations.
SECTION 40. Mandatory Programs and
Services for Victims. The DSWD, and LGU's
shall provide the victims temporary shelters,
provide counseling, psycho-social services
and /or, recovery, rehabilitation programs
and livelihood assistance.
The DOH shall provide medical assistance to

victims.
SECTION 41. Counseling and Treatment of
Offenders. The DSWD shall provide
rehabilitative counseling and treatment to
perpetrators towards learning constructive
ways of coping with anger and emotional
outbursts and reforming their ways. When
necessary, the offender shall be ordered by
the Court to submit to psychiatric treatment
or confinement.
SECTION 43. Entitled to Leave. Victims
under this Act shall be entitled to take a paid
leave of absence up to ten (10) days in
addition to other paid leaves under the
Labor Code and Civil Service Rules and
Regulations, extendible when the necessity
arises as specified in the protection order.
Any employer who shall prejudice the right
of the person under this section shall be
penalized in accordance with the provisions
of the Labor Code and Civil Service Rules and
Regulations. Likewise, an employer who shall
prejudice any person for assisting a coemployee who is a victim under this Act shall
likewise be liable for discrimination.
SECTION 44. Confidentiality. All records
pertaining to cases of violence against
women and their children including those in
the barangay shall be confidential and all
public officers and employees and public or
private clinics to hospitals shall respect the
right to privacy of the victim. Whoever
publishes or causes to be published, in any
format, the name, address, telephone
number, school, business address, employer,
or other identifying information of a victim
or an immediate family member, without
the latter's consent, shall be liable to the
contempt power of the court.
Any person who violates this provision shall
suffer the penalty of one (1) year
imprisonment and a fine of not more than

Five Hundred Thousand pesos (P500,000.00).
In Garcia v. Drilon, wherein petitioner
therein argued that Section 15 of RA
9262 is a violation of the due process
clause of the Constitution, we struck
down the challenge and held:
A protection order is an order issued to
prevent further acts of violence against
women and their children, their family
or household members, and to grant
other necessary reliefs. Its purpose is to
safeguard the offended parties from
further harm, minimize any disruption
in their daily life and facilitate the
opportunity and ability to regain
control of their life.
The scope of reliefs in protection orders
is broadened to ensure that the victim
or offended party is afforded all the
remedies necessary to curtail access by
a perpetrator to the victim. This serves
to safeguard the victim from greater
risk of violence; to accord the victim
and any designated family or
household member safety in the family
residence, and to prevent the
perpetrator from committing acts that
jeopardize the employment and
support of the victim. It also enables
the court to award temporary custody
of minor children to protect the
children from violence, to prevent their
abduction by the perpetrator and to
ensure their financial support.
21
The rules require that petitions for

protection order be in writing, signed
and verified by the petitioner thereby
undertaking full responsibility, criminal
or civil, for every allegation therein.

Since "time is of the essence in cases of
VAWC if further violence is to be
prevented," the court is authorized to
issue ex parte a TPO after raffle but
before notice and hearing when the
life, limb or property of the victim is in
jeopardy and there is reasonable
ground to believe that the order is
necessary to protect the victim from
the immediate and imminent danger of
VAWC or to prevent such violence,
which is about to recur.
There need not be any fear that the
judge may have no rational basis to
issue an ex parte order. The victim is
required not only to verify the
allegations in the petition, but also to
attach her witnesses' affidavits to the
petition.
The grant of a TPO ex parte cannot,
therefore, be challenged as violative of
the right to due process. Just like a writ
of preliminary attachment which is
issued without notice and hearing
because the time in which the hearing
will take could be enough to enable the
defendant to abscond or dispose of his
property, in the same way, the victim
of VAWC may already have suffered
harrowing experiences in the hands of
her tormentor, and possibly even
death, if notice and hearing were
required before such acts could be
prevented. It is a constitutional
commonplace that the ordinary
requirements of procedural due process
must yield to the necessities of
protecting vital public interests, among
which is protection of women and
children from violence and threats to

their personal safety and security.
It should be pointed out that when the
TPO is issued ex parte, the court shall
likewise order that notice be
immediately given to the respondent
directing him to file an opposition
within five (5) days from service.
Moreover, the court shall order that
notice, copies of the petition and TPO
be served immediately on the
respondent by the court sheriffs. The
TPOs are initially effective for thirty
(30) days from service on the
respondent.
Where no TPO is issued ex parte, the
court will nonetheless order the
immediate issuance and service of the
notice upon the respondent requiring
him to file an opposition to the petition
within five (5) days from service. The
date of the preliminary conference and
hearing on the merits shall likewise be
indicated on the notice.
The opposition to the petition which
the respondent himself shall verify,
must be accompanied by the affidavits
of witnesses and shall show cause why
a temporary or permanent protection
order should not be issued.
22
It is clear from the foregoing rules that

the respondent of a petition for
protection order should be apprised of
the charges imputed to him and
afforded an opportunity to present his
side. x x x. The essence of due process is
to be found in the reasonable
opportunity to be heard and submit
any evidence one may have in support
of one's defense. "To be heard" does

not only mean verbal arguments in
court; one may be heard also through
pleadings. Where opportunity to be
heard, either through oral arguments
or pleadings, is accorded, there is no
denial of procedural due process.
xxx
Clearly, the court is authorized to issue
a TPO on the date of the filing of the
application
after
ex
parte
determination that there is basis for
the issuance thereof. Ex parte means
that the respondent need not be
notified or be present in the hearing for
the issuance of the TPO. Thus, it is
within the courts discretion, based on
the petition and the affidavit attached
thereto, to determine that the violent
acts against women and their children
for the issuance of a TPO have been
committed.
In this case, the alleged acts of
petitioner among others, i.e., he cocked
the gun and pointed the same to his
head in order to convince respondent
not to proceed with the legal
separation case; feeding his other
children with the food which another
child spat out; and threatening the
crying child with a belt to stop him
from crying which was repeatedly
done; and holding respondent by her
nape when he got furious that she was
asking him not to come often to their
conjugal home and hold office thereat
after their agreed separation and
threatening her of withholding half of
the financial support for the kids, while
not conclusive, are enough bases for
the issuance of a TPO. Petitioner's

actions would fall under the
enumeration of Section 5, more
particularly, paragraphs a, d, e (2), f, h,
and i. (Tua vs Mangrobang, G.R. No.
170701, January 22, 2014)
23
24
Republic Act No. 7610 June 17, 1992

AN ACT PROVIDING FOR STRONGER
DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION,
AND
FOR
OTHER
PURPOSES
Section 3. Definition of Terms.
(a) "Children" refers to person below
eighteen (18) years of age or those over but
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;
(b) "Child abuse" refers to the maltreatment,
whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which
debases, degrades or demeans the intrinsic
worth and dignity of a child as a human
being;
(3) Unreasonable deprivation of his basic
needs for survival, such as food and shelter;
or
(4) Failure to immediately give medical
treatment to an injured child resulting in
serious impairment of his growth and
development or in his permanent incapacity
or death.
(c) "Circumstances which gravely threaten or
endanger the survival and normal
development of children" include, but are
not limited to, the following;
(1) Being in a community where there is
armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to
life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the

streets of urban or rural areas without the
care of parents or a guardian or basic
services needed for a good quality of life;
(4) Being a member of a indigenous cultural
community and/or living under conditions of
extreme poverty or in an area which is
underdeveloped and/or lacks or has
inadequate access to basic services needed
for a good quality of life;
(5) Being a victim of a man-made or natural
disaster or calamity; or
(6) Circumstances analogous to those
abovestated which endanger the life, safety
or normal development of children.
(d) "Comprehensive program against child
abuse, exploitation and discrimination"
refers to the coordinated program of services
and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent
shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or
endanger the survival and normal
development of children.
There must be proof from a
psychiatrist or psychologist that the
victim is over 18 years old but is 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. If not
proven, the accused could still be
convicted for such acts under the RPC
not under this provision.
According to the Implementing Rules
and
Regulations,
discipline
administered by a parent or guardian
to a child does not constitute cruelty or

abuse provided it is reasonable in
manner and moderate in degree and
does not constitute physical or
psychological injury.
More importantly, AAA cannot be
considered a child under Section 3(a) of
R.A. No. 7610 which reads:
(a) "Children" refers to person below
eighteen (18) years of age or those
over but 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;
[Emphasis supplied]
The implementing rules elaborated on
this definition when it defined a "child"
as one who is below 18 years of age or
over said age who, upon evaluation of
a qualified physician, psychologist or
psychiatrist, is found to be incapable of
taking care of herself fully because of a
physical or mental disability or
condition or of protecting herself from
abuse.
25
While the records show that the RTC,

the CA and the investigating prosecutor
who
filed
the
corresponding
Informations, considered AAAs polio as
a physical disability that rendered her
incapable of normal function, no
evidence was in fact presented showing
the prosecutions compliance with the
implementing rules. Specifically, the
prosecution did not present any
evidence, testimonial or documentary,
of any medical evaluation or medical
finding from a qualified physician,
psychologist or psychiatrist attesting
that AAAs physical condition rendered

her incapable of fully taking care of
herself or of protecting herself against
sexual abuse. Under the circumstances,
we cannot consider AAA a child under
Section 3(a) of R.A. No. 7610.
In arriving at this conclusion, we
consider that since R.A. No. 7610 is a
special law referring to a particular
class in society, the prosecution must
show that the victim truly belongs to
this particular class to warrant the
application of the statutes provisions.
Any doubt in this regard we must
resolve in favor of the accused.(People
vs Abello, G.R. No. 151952, March 25,
2009)
Section 4. Formulation of the Program.
There shall be a comprehensive program to
be formulated, by the Department of Justice
and the Department of Social Welfare and
Development in coordination with other
government agencies and private sector
concerned, within one (1) year from the
effectivity of this Act, to protect children
against child prostitution and other sexual
abuse; child trafficking, obscene publications
and indecent shows; other acts of abuse; and
circumstances which endanger child survival
and normal development.
Section 5. Child Prostitution and Other
Sexual Abuse. Children, whether male or
female, who for money, profit, or any other
consideration or due to the coercion or
influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious
conduct, are deemed to be children
exploited in prostitution and other sexual
abuse.
The penalty of reclusion temporal in its
medium period to reclusion perpetua shall
be imposed upon the following:
26
(a) Those who engage in or promote,

facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or
relationship to procure a child as prostitute;
(4) Threatening or using violence towards a
child to engage him as a prostitute; or
(5) Giving monetary consideration goods or
other pecuniary benefit to a child with intent
to engage such child in prostitution.
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a child
exploited in prostitution or subject to other
sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article
336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall
be reclusion temporal in its medium period;
and
(c) Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution
takes place, or of the sauna, disco, bar,
resort,
place
of
entertainment
or
establishment serving as a cover or which
engages in prostitution in addition to the
activity for which the license has been issued
to said establishment.
The child here is a victim. The
offenders here are those who use the
child or engage in sexual intercourse
with them.
Offender under sec. 5(a): Procurer or

pimp
o Under sec. 5 (b): those who avail
the services of a child prostitute
o Under the amendment of RA
9208, the offender will be
prosecuted for trafficking.
Under sec. 5 (c): owner of the
establishment; he could also be held
liable for white slavery under the RPC
The offender could also be held liable
under RA 9208 which has a higher
penalty. It is considered Qualified
trafficking if the victim is a child. You
will not be charged under RA 7610 but
under RA 9208.
If the crime is penalized under the RPC
and the victim is a minor it will be
charged as: rape/physical injuries in
relation to RA 7610.
If you say child abuse, the act
committed is for the sake of
demeaning or degrading the human
nature of the child. If the act of
violence was committed because of
passion and obfuscation, there is no
child abuse. The offender could be held
liable for slight physical injuries under
the RPC.
There is no doubt, drawing from the
evidence, that AAA was a child who
was exploited in prostitution as defined
in Section 5, Article III quoted above.
The law punishes not only the person
who commits the acts of sexual
intercourse or lascivious conduct with
the child but also those who engage in
or promote, facilitate or induce child

prostitution. Appellant is one such
person.
xxx
Appellant succeeded in infusing AAA
with intense fear and awe of him. She
was afraid that appellant might send
her away if she did not obey him. She
was scared of him also because when
he got angry, he would pull her and her
brothers hair, whip them very hard,
slap them, hit them on the upper arm
with a hanger, box them on the arms,
bite them or even make them kneel on
salt with outstretched hands. Appellant
even hit AAA with the telephone
apparatus a number of times, the last
time was on 15 August 1996, the day
before she ran away to escape, and
only because she had forgotten to call
the second client. It was this dread of
appellant that pushed AAA to still go
with him to the clients even if she did
not want what was being done to her
by whoever was the client once she
was left alone with him.
Further, appellant instilled the feeling
of guilt and helplessness in AAA by
constantly saying that they had to pay
some obligations, they had to settle
something, they had to pay the electric
bill, or they had to ask for money for
AAAs tuition fees.
27
Verily, it was against AAAs will and

consent to see the two clients. But even
if AAA had in fact consented, appellant
may still be prosecuted for child
prostitution under Section 5, Article III
of R.A. No. 7610 because the childs

consent or lack of it is not an element
of the offense.
As held by this Court in People v.
Larin, a child is deemed exploited in
prostitution or subjected to other
sexual abuse, when the child indulges
in sexual intercourse or lascivious
conduct (a) for money, profit, or any
other consideration; or (b) under the
coercion or influence of any adult,
syndicate or group. If AAA was not
coerced into child prostitution under (b)
above, she definitely was influenced by
appellant to enter into said activity. As
the person who had raised and taken
care of AAA, appellant had moral
ascendancy over AAA. This moral
ascendancy coupled with AAAs fear
and awe of appellant and her exposure
to the world of prostitution at the early
age of five had exerted a dominating
influence on her being.
Further, AAA was doing it so that they
could have money to meet their several
needs, including her own tuition fees.
This engendered in AAA sufficient
"consideration" under (a) above to
engage or agree to be exploited in
prostitution because after every
encounter with the clients, AAA would
receive
either
money
(ranging
fromP2,000.00 to P10,000.00) or food
and clothing.
xxx
Appellants violation of Sec. 5, Art. III of
R.A. No. 7610 is as clear as day. The
provision penalizes anyone who
engages in or promotes, facilitates or
induces child prostitution either by: (1)

acting as a procurer of a child
prostitute; or (2) inducing a person to
be a client of a child prostitute by
means
of
written
or
oral
or (3) by taking advantage of influence
or relationship to procure a child as a
prostitute; or (4) threatening or using
violence towards a child to engage him
as a prostitute; or (5) giving monetary
consideration,
goods
or
other
pecuniary benefits to the child with the
intent to engage such child in
prostitution.
28
Appellant, whom AAA had looked up to

as her father, had the duty to care for
and bring her up. Far from looking
after her moral character, mental state
and physical well-being, he had
actually facilitated her debasement by
introducing her to clients and inducing
her to engage in prostitution. Abusing
the moral ascendancy he had over her,
he exposed her to prostitution at a very
tender age, made her feel it was her
obligation to earn money for their
family, in a detestable manner at that,
and callously impressed upon her that
there was nothing wrong with what the
clients had been doing to her. At days
end, he raked in the money that his
corruption of the child had brought
in.(People vs Delantar, G.R. No.
169143, February 2, 2007)
In People v. Optana, the Court, citing
the case of People v. Larin, explained
the elements of the offense of violation
of Section 5 (b) of R.A. 7610, or the
Child Abuse Law, as follows:
1. The accused commits the act of

sexual intercourse or lascivious
conduct.
2. The said act is performed with a
child exploited in prostitution or
subjected other sexual abuse.
3. The child, whether male or female, is
below 18 years of age.
A child is deemed exploited in
prostitution or subjected to other
sexual abuse, when the child indulges
in sexual intercourse or lascivious
conduct (a) for money, profit, or any
other consideration; or (b) under the
coercion or influence of any adult,
syndicate or group. Under RA 7610,
children are persons below eighteen
years of age or those unable to fully
take care of themselves or protect
themselves from abuse, neglect,
cruelty, exploitation or discrimination
because of their age or mental
disability or condition.
Lascivious conduct is defined under
Article XIII, Section 32 of the
Implementing Rules and Regulation of
R.A. 7610, as follows:
[T]he intentional
touching,
either
directly or through clothing, of the
genitalia, anus, groin, breast, inner
thigh, or buttocks, or the introduction
of any object into the genitalia, anus or
mouth, of any person, whether of the
same or opposite sex, with an intent to
abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of
any person, bestiality, masturbation,
lascivious exhibition of the genitals or

pubic area of a person.
debases, degrades or demeans the
In the case at bar, accused-appellants

acts of kissing Rosilyn on the lips,
fondling her breast, inserting his finger
into her vagina and placing his penis
between her thighs, all constitute
lascivious conduct intended to arouse
or gratify his sexual desire. (People vs
Jalosjos,
G.R.
No.
132875-76.
November 16, 2001]//NE-Aug14.
a human being;
intrinsic worth and dignity of a child as
- Verbal abuse.
(3) Unreasonable deprivation of his
basic needs for survival, such as food
and shelter; or
- When the father does not give support.
August 16 Sunday
- Aside from filing civil case for support, the
00 - 1:52:52
child through the mother could file a case for
RA 7610 AN ACT PROVIDING FOR STRONGER
violation of this law RA 7610 or under VAWC.
DETERRENCE AND SPECIAL PROTECTION
(4) Failure to immediately give medical
AGAINST CHILD ABUSE, EXPLOITATION AND
treatment to an injured child resulting
DISCRIMINATION,
in serious impairment of his growth
AND
FOR
OTHER
PURPOSES
and development or in his permanent

incapacity or death.
So remember the definition of Child abuse.

Short definition of Child abuse is it refers to
the maltreatment of the child.
Those are the forms of maltreatment.

Remember the definition of Child Abuse. It
(b) "Child abuse" refers to the maltreatment,
refers to the MALTREATMENT of the child
whether habitual or not, of the child which
whether habitual or not which includes any
includes any of the following:
of the ff: Sec 3(b) 1-4
What are these forms of maltreatment?
TN that not every instance of laying

hands of the child constitutes child
(1) Psychological and physical abuse,

29
abuse.
neglect, cruelty, sexual abuse and

emotional maltreatment;
SC: it is only when the laying of hands is

intended to debase, degrade or demean the
(2) Any act by deeds or words which

intrinsic worth of the child as a human being.
c. does not constitute physical and

psychological injury.
Even if the act is not intended to debase,

degrade or demean the intrinsic worth of the
If you beat the child regularly or beat part of
child as a human being, it cannot be
his head, that would constitute child abuse.
considered child abuse but may be criminally
Thats not anymore discipline but that would
held liable under RPC. It could be slight
constitute cruelty.
physical injuries under the RPC.

What are the different acts of Child Abuse?
Example: If you laid hands to a child because
of his being naughty, would it constitute child
abuse just because the victim is a child?
SEC 5 10 are the punishable acts.

Remember the definition of a prostitute? It is
habitual, for money or other consideration.
NO.
But here, being a female or habituality is not a

Case in point: Bongalon vs PP Mar 20, 2013
requisite; as long as you engaged sexual
GR 169533 laid hands in the heat of anger.
intercourse with a child for money or profit or

any other consideration. Or if not, if you have
Not every instance of the laying of

hands on a child constitutes the crime of child
sexual intercourse with a child prostitute, you

are liable.
abuse under Section 10 (a) of Republic Act

No. 7610. Only when the laying of hands is
Section 5. Child Prostitution and Other
shown beyond reasonable doubt to be
Sexual Abuse. Children, whether male or
intended by the accused to debase, degrade
female, who for money, profit, or any other
or demean the intrinsic worth and dignity of
the child as a human being should it be
punished as child abuse. Otherwise, it is
punished under the Revised Penal Code.
conduct, are deemed to be children exploited

in prostitution and other sexual abuse.
Under
30
IRR
of
this
law,
discipline
administered by a parent or legal guardian to
What about if the child is not considered a
a child does not constitute cruelty provided:
prostitute and you have sexual intercourse

with her, are you still liable under section 5?
a. it is reasonable in manner;
b. moderate in degree; and
Yes. If the sexual intercourse is DUE TO
COERCION or INFLUENCE of any adult,
1. The accused commits the act of sexual
syndicate or group, indulge in sexual

intercourse or lascivious conduct.
intercourse or lascivious conduct.

2. The said act is performed with a child
exploited in prostitution or subjected
Example: If you are a teacher, and you have

sexual intercourse with your student even if
to other sexual abuse.

3. The child whether male or female, is
she is not a prostitute, and because you have
below 18 years of age.
moral ascendancy over that student, you used

your influence, that would be child abuse
Paragraph (h), Section 2 of the IRR of R.A.
under Section 5 of 7610.
7610 (implementing rules) defines lascivious

conduct as a crime committed through the
Example: Child is sleeping, and youre

touching her while shes asleep, would that
constitute child abuse?
In one case, the SC said prosecution failed to
prove that the child is a prostitute. Accused
could not be held liable under Section 5 bec
there is also no showing that the lascivious
conduct was done with coercion or influence
of any adult because child was asleep at that
time. Convicted of acts of lasciviousness.
PP vs Abello 3/25/09
PP vs HERACLEO ABELLO Y FORTADA G.R. No.
151952
intentional
touching,
either
directly
or
through the clothing of the genitalia, anus,

groin, breast, inner thigh or buttocks with the
intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any
person, among others. Records show that
AAA duly established this element when she
positively testified that Abello fondled her
breasts on two separate occasions while she
slept.
The second element requires that the
lascivious conduct be committed on a child
who is either exploited in prostitution or
subjected to other sexual abuse. This second
31
Abello was convicted of two (2) counts
element requires evidence proving that: (a)
of sexual abuse under Section 5 (b), Article III
AAA was either exploited in prostitution or
of R.A. No. 7610, which defines and penalizes
subjected to sexual abuse and (b) she is a
acts of lasciviousness committed against a
child as defined under R.A. No. 7610.
child.
In Olivarez v. Court of Appeals, we explained
The essential elements of this provision are:
that the phrase, other sexual abuse in the
above provision covers not only a child who
themselves from abuse, neglect, cruelty,
is abused for profit, but also one who
exploitation or discrimination because of a
engages in lascivious conduct through the
physical or mental disability or condition;
coercion or intimidation by an adult. In the
[Emphasis supplied]
latter case, there must be some form of

compulsion equivalent to intimidation which
subdues the free exercise of the offended
partys will.
The implementing rules elaborated on this

definition when it defined a child as one who
is below 18 years of age or over said age who,
upon evaluation of a qualified physician,
In the present case, the prosecution failed to
psychologist or psychiatrist, is found to be
present any evidence showing that force or
incapable of taking care of herself fully
coercion attended Abellos sexual abuse on
because of a physical or mental disability or
AAA; the evidence reveals that she was asleep
condition or of protecting herself from
at the time these crimes happened and only
abuse.
awoke when she felt her breasts being

fondled. Hence, she could have not resisted
Abellos advances as she was unconscious at
the time it happened. In the same manner,
there was also no evidence showing that
Abello compelled her, or cowed her into
silence to bear his sexual assault, after being
roused from sleep. Neither is there evidence
that she had the time to manifest conscious
(2012 Transcription) Here, the child is

engaged
in
prostitution.
In
Art
202,
prostitution is considered as criminal offense,

BUT if the prostitute is a child, he or she is not
considered as an offender but a victim UNDER
THIS LAW. They could not be held liable under
Article 202.
Who are persons liable?
lack of consent or resistance to Abellos

assault.
(a) Those who engage in or promote, facilitate

or induce child prostitution which include, but
More importantly, AAA cannot be considered
are not limited to, the following:
a child under Section 3(a) of R.A. No. 7610

which reads:
(1) Acting as a procurer of a child

prostitute;
32
(a) Children refers to person below eighteen

(18) years of age or those over but are unable
(2) Inducing a person to be a client of a
to fully take care of themselves or protect
child prostitute by means of written or oral
In People v. Optana, the Court, citing

the case of People v. Larin, explained the
(3) Taking advantage of influence or

relationship to procure a child as prostitute;
elements of the offense of violation of Section

5 (b) of R.A. 7610, or the Child Abuse Law, as
(4) Threatening or using violence

towards a child to engage him as a prostitute;
follows:
1.
or
of
goods or other pecuniary benefit to a child

intent
to
engage
such
child
sexual
intercourse or
lascivious conduct.
(5) Giving monetary consideration

with
The accused commits the act
2.
The said act is performed

with a child exploited in
in
prostitution
prostitution.
or
subjected
other sexual abuse.

(2012 Trans) In the case of Jalosjos, the pimp
3.
The child, whether male or
of Jalosjos who took care of the child was
female, is below 18 years of
convicted under this (letter A).
age.
Other persons liable:
A child is deemed exploited in prostitution or

subjected to other sexual abuse, when the
(b) Those who commit the act of sexual

intercourse of lascivious conduct with a child
exploited in prostitution or subjected to other
sexual abuse; Provided, That when the victims
is under twelve (12) years of age, the
child indulges in sexual intercourse or

lascivious conduct (a) for money, profit, or
any other consideration; or (b) under the
coercion or influence of any adult, syndicate
or group.
perpetrators shall be prosecuted under Article
33
335, paragraph 3, for rape and Article 336 of
Under RA 7610, children are persons below
Act No. 3815, as amended, the Revised Penal
eighteen years of age or those unable to fully
Code, for rape or lascivious conduct, as the
take care of themselves or protect themselves
case may be: Provided, That the penalty for
from abuse, neglect, cruelty, exploitation or
lascivious conduct when the victim is under
discrimination because of their age or mental
twelve (12) years of age shall be reclusion
disability or condition.
temporal in its medium period; and

Lascivious conduct is defined under Article
PP vs Jalosjos 11/16/01
XIII, Section 32 of the Implementing Rules and
Regulation of R.A. 7610, as follows:
accused must have sexual intercourse with

him or her through the use of coercion or
[T]he
intentional
touching,
either
directly or through clothing, of the

genitalia, anus, groin, breast, inner
thigh, or buttocks, or the introduction
influence. Absence of any of the two, one

cannot be charged here, it could be under
RPC or other forms of sexual abuse (Section
10) Other Acts of Abuse.
of any object into the genitalia, anus or

mouth, of any person, whether of the
Here, the penalty is higher.
same or opposite sex, with an intent to

abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of
any person, bestiality, masturbation,
lascivious exhibition of the genitals or
Example: the child, 17 years of age, has a

sexual intercourse with an adult but the child
is not a prostitute, the child was not also
subjected to coercion or influence, she had
sexual
pubic area of a person.
intercourse
with
the
accused
voluntarily; no consideration or money.

In the case at bar, accused-appellants acts of
kissing Rosilyn on the lips, fondling her breast,
inserting his finger into her vagina and placing
his penis between her thighs, all constitute
lascivious conduct intended to arouse or
Is the accused liable for child abuse?

PP vs THE HONORABLE COURT OF
APPEALS and GASPAR OLAYON - G.R.
No. 171863.
gratify his sexual desire. Hence, the trial court

correctly
convicted
accused-appellant
of
Issue: Whether CA acted with grave abuse IN
violation of Section 5 (b) of R.A. 7610, or the
ACQUITTING RESPONDENT OLAYON OF THE
Child Abuse Law.
TWO (2) COUNTS OF CHILD ABUSE UNDER

SECTION 10(A) OF R.A. 7610 DESPITE THE
The penalty for violation of Section 5 (b) of

R.A. 7610, or the Child Abuse Law, where the
victim is below 12 years of age, is reclusion
temporal in its medium period.
Section 5(b):
34
This offense
FACT THAT THE SEXUAL ACTS COMMITTED BY

RESPONDENT OLAYON ON THE MINOR
PRIVATE COMPLAINANT ARE CLEARLY WITHIN
THE TERM OTHER ACTS OF NEGLECT, ABUSE,
is for
the
customers, for pedophiles. To be convicted

under Sec 5(b), the child must be a child
prostitute. If she/he is not a child prostitute,
CRUELTY OR EXPLOITATION AND OTHER

CONDITIONS PREJUDICIAL TO THE CHILDS
DEVELOPMENT
DECLARED
PUNISHABLE
UNDER SECTION 10(A) OF R.A. 7610.
Section 10(a) of R.A. No. 7610 under which
commit
child
trafficking,
and
obscene
respondent was charged in each of the two
publications and indecent shows, the Court of
cases provides:
Appeals did not commit grave abuse of

discretion in holding that x x x sexual abuse
SECTION 10. Other Acts of Neglect, Abuse,

Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development.
(a) Any person who shall commit any other
acts of child abuse, cruelty or exploitation or
be 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, as amended, shall suffer
the penalty of prision mayor in its minimum
[as defined under Section 5] x x x is a

completely distinct and separate offense from
child abuse [as defined under Section 10].
Consensual sexual intercourse or even acts of
lasciviousness with a minor who is 12 years
old or older could constitute a violation of
Section 5(b) of R.A. No. 7610. For Section 5(b)
punishes sexual intercourse or lascivious
conduct not only with a child exploited in
prostitution but also with a child subjected to
other sexual abuse.
period. (Underscoring supplied),

Section 2(g) of the Rules and Regulations on
Section 5(b), upon the other hand, provides:
SEC. 5. Child Prostitution and Other Sexual
Abuse. Children, whether male or female,
who for money, profit, or any other
conduct, are deemed to be children exploited
in prostitution and other sexual abuse.
As Section 10 refers to acts of child abuse
prejudicial to the childs development other
35
than child prostitution and other sexual abuse

under Section 5, attempt to commit child
prostitution, child trafficking, attempt to
the Reporting and Investigation of Child

Abuse Cases, promulgated to implement R.A.
No. 7610, defines sexual abuse as including
the
employment,
use,
persuasion,
inducement, enticement or coercion of a child

to engage in, or assist another person to
engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution, or
incest with children. (Underscoring supplied)
For
consensual
sexual
intercourse
or
lascivious conduct with a minor, who is not

exploited in prostitution, to thus fall within
the purview of Section 5(b) of R.A. No. 7610,
persuasion,
inducement,
enticement
or
coercion of the child must be present.
a. child is prostitute, if not

b. used coercion or influence on her
In the case at bar, even if respondent were
to have sexual intercourse.
charged under Section 5(b), instead of Section

10(a), respondent would just the same have
In the absence of these two circumstances,
been acquitted as there was no allegation
there could be no sexual abuse.
that an element of the offense coercion or

influence
or
intimidation
attended
its
commission.
If minor is below 12 years old, the crime is

STATUTORY RAPE. In that situation, accused
shall be prosecuted under the RPC.
PP vs Olayon 8/20/08 the minor has sexual

intercourse with the offender. SC said, there
is no showing that victim is a prostitute; no
What about if the victim is 12 years old OR

over?
showing that she had sexual intercourse with
Accused could be prosecuted either
the accused due to coercion or influence,
under RA 7610 or under the RPC.
accused was acquitted.

Example: If you rape a 13 year old child, you
Judge: In my humble opinion, there was some
mistake there. Because there was even a
provision Section 10(b), any person who shall
have in his company a minor 12 yrs or under
OR who is 10 years or more his junior xxx is
liable under this law even though you have
could be liable under RPC or under RA 7610. It

is not allowed that you have 2 violations.
Most prosecutors charged accused with RAPE
IN RELATION TO RA 7610. If there is IN
RELATION TO, it means that there is CHILD
ABUSE.
not engaged in sexual intercourse with her.

Sexual intercourse with a child is not
So if I charged you Slight physical injuries in

relation to RA 7610, the penalty is higher.
per se criminally liable, what is
36
punishable under RA 7610 is SEXUAL
If
ABUSE with a child and not mere
lasciviousness in relation to RA 7610, penalty
sexual intercourse.
is higher, usually one degree higher.
When is there sexual abuse?

When:
you
were
charged
with
acts
of
How much is the bail under RA 9165?

X
10,000
for
every
year
of
imprisonment.
activity for which the license has been issued

to said establishment.
How about possession?

Minimum penalty is 12 years and 1 day
5(a) similar to ART 340 (Corruption of

minors) of RPC.
to 20 years x 10,000 = bail is P200,000.

(multiplier is 20 years, the maximum
5(c) similar to ART 341 (White Slavery) of
penalty).
RPC.
Same with child abuse
Malto vs People teacher who had sexual

intercourse with his student. SC: Although
X 10,000.
there was no coercion but there was
(2012 Trans) What are the elements of letter

B?
influence because of his moral ascendancy.

SC: Malto v. People wherein the accused was
1. That the accused commit an act of

sexual
intercourse
or
lascivious
convicted for violation of Section 5(b) of R.A.

No. 7610, the information alleged, and the
prosecution proved, that therein accused who
conduct.
was the minors professor obtained the

2. The victim is a child, 12 years or
minors consent by taking advantage of his
over, or even child beyond 18 provided
relationship and moral ascendancy to exert
proven to be unable to fully take care
influence on her.
of herself.
PP vs Delantar GR 169143 Feb 2, 2007
3. That child is exploited to prostitution
Facts: Father pimp his daughter to an Arab
or subjected to other sexual abuse.
national as well as to Congressman Jalosjos.

(c) Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution
takes place, or of the sauna, disco, bar,
37
resort,
place
of
entertainment
or
establishment serving as a cover or which

engages in prostitution in addition to the
Ruling: Guilty of violation of Sec 5(a) par 1,4

and 5. The law punishes not only the person
who commits the acts of sexual intercourse or
lascivious conduct with the child but also
those who engage in or promote, facilitate or
induce child prostitution. Section 5(a), Art III
of RA 7610 penalizes anyone who engages in
or promotes, facilitates or induces Child
Under RA 7610, Sec 5 (c) relationship is not a
prostitution either by:
qualifying circumstance but only an ordinary

generic
a.
Acting as a procurer of a child
prostitute or
b.
aggravating
circumstance.
Thus,
although it was not alleged in the information

it can nevertheless be taken into account in
Inducing a person to be a client of a
child prostitute by means of written or oral
fixing the penalty for the crime because it was

proved. A generic aggravating circumstance
provides for the imposition of the prescribed
advertisements or other similar means; or
penalty in its maximum period, while a

c.
By taking advantage of influence or
relationship to procure a child as a prostitute;
qualifying circumstance changes the nature of

the crime.
or
Sec 3(c) of RA 7610 contains a listing of the
d.
Threatening or using violence towards
a child to engage him as a prostitute; or
circumstances of relationship between the

perpetrator and the victim which will justify
the imposition of the maximum penalty,
e.
Giving monetary consideration, goods,
or other pecuniary benefits to the child with

the intent to engage such child in prostitution
A child exploited in prostitution may seem to
consent to what is being done to her or him
namely when the perpetrator is an ascendant,

parent,
guardian,
relative
within
stepparent,
the
second
collateral
degree
of
consanguinity or affinity. It should be noted

that the words with which guardian is
associated in the provision all denote a legal
and may appear not to complain.
relationship. From this description we may

A child who is a person below 18 years of age
safely deduce that the guardian envisioned by
or those unable to fully take care of
law is a person who has a legal relationship
themselves or protect themselves from
with a ward. This relationship may be
abuse,
or
established either by being the wards
discrimination because of their age or mental
biological parent (natural guardian) or by
disability or condition is incapable of giving
adoption (legal guardian).
neglect,
cruelty,
exploitation
rational consent to any lascivious act or sexual

38
intercourse. In fact, the absence of free

consent is conclusively presumed when the
woman is below the age of 12.
Section
6.
Attempt
To
Commit
Child
Prostitution. There is an attempt to commit

child prostitution under Section 5, paragraph
(a) hereof when any person who, not being a
Sec 5(b). When any person is receiving
relative of a child, is found alone with the
services from a child in a sauna parlor
said child inside the room or cubicle of a
or bath, massage clinic, health club and
house, an inn, hotel, motel, pension house,
other similar establishments.
apartelle or other similar establishments,

vessel, vehicle or any other hidden or
secluded area under circumstances which
would lead a reasonable person to believe
that the child is about to be exploited in
prostitution and other sexual abuse.
When
SPECIAL
LAW,
attempted
and
special law provides otherwise and provides

for a penalty.
mere
ATTEMPT
the child. Sec 10 is also a defense - other

recognized
bonding.
(xxx
any
bond
recognized by law xxx).

Elements:
frustrated stage do not apply unless the
DEFENSE of violation of SEC 6: a relative of
a. Not being a relative of a child

b. Found alone
c. Under circumstances which would give
a reasonable person to believe that a
to
commit
child
child is about to be exploited inside the

room or cubicle of a house, an inn,
prostitution is punishable.
hotel, motel, pension house, apartelle

What are the acts that constitute attempt to
or other similar establishments, vessel,
commit child prostitution?
vehicle or any other hidden or
Sec 5(a) Procurer. When any person
39
secluded area.
who, not being a relative of a child, is
There is also an attempt to commit child
found alone with the said child inside
prostitution, under paragraph (b) of Section
the room or cubicle of a house, an inn,
5 hereof when any person is receiving
hotel, motel, pension house, apartelle
services from a child in a sauna parlor or
or other similar establishments, vessel,
bath, massage clinic, health club and other
vehicle or any other
hidden or
similar establishments. A penalty lower by
secluded area under circumstances
two (2) degrees than that prescribed for the
which would lead a reasonable person
consummated felony under Section 5 hereof
to believe that the child is about to be
shall be imposed upon the principals of the
exploited in prostitution and other
attempt to commit the crime of child
sexual abuse.
prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
and have it registered as a child of a couple

with the connivance of a doctor who assisted
ARTICLE IVChild Trafficking

Another form of child abuse is CHILD
TRAFFICKING. In Section 5, that is Child
Prostitution and Other Sexual Abuse, you
in the delivery, what crime/s are committed

by the mother, by the doctor, and by childless
couple?
could also be charged under RA 9208. If

charged under RA 9208, thats trafficking of a
(2012 Trans) As you can observe here, the
person. If the victim is a minor that
terms of penalty used here come from the
constitutes qualified trafficking and penalty is
RPC, and what is the rule, when the terms of
reclusion perpetua.
penalties come from the RPC, provisions of

the RPC shall also apply, such as mitigating
When can there be child trafficking?

Section 7. Child Trafficking. Any person
who shall engage in trading and dealing with
children including, but not limited to, the act
and aggravating.
Section
8.
Attempt
to
Commit
Child
Trafficking. There is an attempt to commit

child trafficking under Section 7 of this Act:
of buying and selling of a child for money, or

for any other consideration, or barter, shall
(a) When a child travels alone to a foreign
suffer the penalty of reclusion temporal to
country without valid reason therefor and
reclusion perpetua. The penalty shall be
without clearance issued by the Department
imposed in its maximum period when the
of Social Welfare and Development or
victim is under twelve (12) years of age.
written permit or justification from the

child's parents or legal guardian;
What is one degree lower of the penalty of

reclusion temporal to reclusion perpetua?
You are involved in buy and sell of a child for

money, consideration or barter.
When a child travels, he/she needs clearance

from DSWD. Even the father needs to have an
affidavit of consent from the mother to go out
of the country. The father needs affidavit of
clearance issued by DSWD.
40
Example: If you have househelper who had a

child and agreed to entrust the child to you
(b) When a pregnant mother executes an

affidavit of consent for adoption for a
consideration;
shows, whether live or in video, or model in

obscene
Another attempt to commit child trafficking.

(c) When a person, agency, establishment or
child-caring institution recruits women or
or
pornographic
materials or to sell or distribute the said

materials shall suffer the penalty of prision
mayor in its medium period.
couples to bear children for the purpose of
If the child used as a performer, subject or
child trafficking; or
seller/distributor is below twelve (12) years of
(d) When a doctor, hospital or clinic official

or employee, nurse, midwife, local civil
age, the penalty shall be imposed in its

maximum period.
registrar or any other person simulates birth
Any ascendant, guardian, or person entrusted
for the purpose of child trafficking; or
in any capacity with the care of a child who
(e) When a person engages in the act of

finding children among low-income families,
hospitals, clinics, nurseries, day-care centers,
or other child-caring institutions who can be
offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that
prescribed for the consummated felony
under Section 7 hereof shall be imposed
upon the principals of the attempt to commit
child trafficking under this Act.
ARTICLE
VObscene
Publications
shall cause and/or allow such child to be

employed or to participate in an obscene play,
scene, act, movie or show or in any other acts
covered by this section shall suffer the penalty
of prision mayor in its medium period.
A child who sells obscene publications is liable
under this Act or under RA 9775, or otherwise
known as Anti Child Pornography Act of 2009.
If your model is a child, or allow him to sell, it
could be a violation under this law or RA
9775.
and
Indecent Shows
41
publications
Section 10. Other Acts of Neglect, Abuse,

Cruelty or Exploitation and Other Conditions
Another form of Child Abuse is Section 9.
Prejudicial to the Child's Development.
Section 9. Obscene Publications and Indecent
Meaning these are the acts that would
Shows. Any person who shall hire, employ,
constitute child abuse but is not mention in
use, persuade, induce or coerce a child to
sections 5 or section 7 (trafficking) or section
perform in obscene exhibitions and indecent
9 (pornography).
Example: You beat the child with intent to
this does not mean that petitioner is being
debase, degrade, demean then you are liable
charged with the distinct offenses of homicide
under this Section 10.
and child abuse for Ronalds death. On the

other hand, for her cruelty to Lorendo,
What are these other acts of child abuse?
petitioner is being charged with violation of

Section 10(a), Article VI of RA 7610 punishable
(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 child's 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.
by prision mayor in its minimum period.

Section 3(b), Article VI of RA 7610 defines
"child abuse" as the maltreatment, whether
habitual or not, of the child which includes
physical abuse and cruelty. Petitioners
alleged banging of the heads of Ronald and
Lorendo is clearly an act of cruelty.
OTHER ACTS OF CHILD ABUSE
CHILD EXPLOITATION
De Ocampo vs DOJ 1/25/06 teacher banged
This could be child labor under Section
the head of 2 students, 1 died. That is cruelty.
12 Employment of Children. There is
Charged with homicide and the child who
a prohibition of employment especially
survived, charged under this Act.
if the child is below 15 years old.
CRUELTY
Basis of hiring a child is 15 years old.
G.R. No. 147932 January 25, 2006 LAILA G.
You cannot hire minor below 15. Even a
DE OCAMPO vs. THE HONORABLE SECRETARY
helper.
OF JUSTICE
Petitioners single act of allegedly
banging the heads of her students had two
to be responsible for other conditions

prejudicial to the child's development
distinct victims, namely Ronald and Lorendo.
42
Therefore, petitioner has to face prosecution
What are other conditions prejudicial to the
for cruelty to each victim. For Ronalds death,
childs development?
petitioner is being charged with homicide
This would include violations of Art 59
under Article 249 of the Revised Penal Code in
of PD 603 Child and Welfare Code.
relation to Section 10(a), Article VI of RA 7610

punishable by reclusion perpetua. However,
Prior to RA 9344 and RA 7610, there was a
under RPC.
law which is PD 603. Under PD 603

particularly Art 59, there were prohibitions
(b) Any person who shall keep or have in his
stated.
company a minor, twelve (12) years or under
Xxx criminal liability shall attached to
or who in ten (10) years or more his junior in
any parent who shall conceal, abandon the
any public or private place, hotel, motel,
child with intent to lose his civil status,
beer joint, discotheque, cabaret, pension
abandon the child under such circumstances
house, sauna or massage parlor, beach
to deprive him of the love, care and protection
and/or other tourist resort or similar places
he needs, sell or abandon the child for other
shall suffer the penalty of prision mayor in
person for a consideration, neglect the child
its maximum period and a fine of not less
by not giving him the education which the
than
familys stationed in life and financial
Provided, That this provision shall not apply
condition permit. xxx
to any person who is related within the
Not sending the child to school when there is
fourth degree of consanguinity or affinity or
financial capability to send him to school, that
any bond recognized by law, local custom
could be child abuse.
and tradition or acts in the performance of a
Fifty
thousand
pesos
(P50,000):
social, moral or legal duty.

NEGLECT is a form of child abuse.
Example: If you allow the child to beg or use
There is a difference of age, a gap of 10 years
the child for begging.
or more.
(2012 Trans) Neglect covers deprivation of

basic needs. Example: if you did not give
minor:
support to your child and youre the father
a. 12 years or under OR
and youre capable of supporting the child
b. who is 10 yrs or more his junior.
because you have work, whether the child is

legitimate or illegitimate. Another act is
failure to give medical treatment. Also
abandonment of child. In physical abuse if
43
Sec 10(b), having his company a
you inflict physical injury to the minor, it does

not mean that you are automatically liable
under this act. It could be that you are liable
DEFENSES:
a. Relative
within
4th
degree
of
consanguinity or affinity; OR
b. Any bond recognized by law, local
custom and tradition; OR
c. Acts in the performance of a social,
moral or legal duty.
of the license to operate such a place or

Does it apply in all occasions? No. this
establishment. (HIM refers to the offender)
provision shall not apply to any person who is

related
within
the
fourth
degree
of
consanguinity or affinity (cousins) or any bond
IF there is an adult having in his company a

minor, then do not allow him to come in.
recognized by law, local custom and tradition

or acts in the performance of a social, moral
If its a place where prostitution is being
or legal duty. Being a Godfather is a bond
committed? Whats the violation? Where
recognized by law. Or acts in the performance
can you charged him?
of a social, moral or legal duty.
Sec 5(c)
(c.) Any person who shall induce, deliver or

offer a minor to any one prohibited by this
Act to keep or have in his company a minor
as provided in the preceding paragraph shall
suffer the penalty of prision mayor in its
medium period and a fine of not less than
Forty thousand pesos (P40,000); Provided,
however, That should the perpetrator be an
ascendant, stepparent or guardian of the
minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine
of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority
over the minor.
SEC 10 (d) applies to establishment
(d) Any person, owner, manager or one

entrusted with the operation of any public or
private place of accommodation, whether
for occupancy, food, drink or otherwise,
including residential places, who allows any
person to take along with him to such place
or places any minor herein described shall be
44
imposed a penalty of prision mayor in its

medium period and a fine of not less than
Fifty thousand pesos (P50,000), and the loss
where there is no prostitution.

(2012 Trans) In other words if you are the
owner of a pension house or a hotel even
including residential places, dont allow
customers who accompany a child which you
think is a minor. If that place is prostitution is
going on, then the owner is liable under
section 5c.
What if both are minor? with more reason
that you will not allow them.
(e) Any person who shall use, coerce, force
or intimidate a street child or any other child
to;
(1) Beg or use begging as a
means of living;
(2)
Act
as
conduit
or
middlemen in drug trafficking or
pushing; or
- Accused here could be charged
Section 11. Sanctions of Establishments or
also under RA 9165, its aggravating
Enterprises which Promote, Facilitate, or
when you used a minor.
Conduct
(3)
Conduct
any
illegal
Activities
Constituting
Child
Prostitution and Other Sexual Abuse, Child
activities, shall suffer the penalty of
Trafficking,
Obscene
Publications
and
prision correccional in its medium
Indecent Shows, and Other Acts of Abuse.
period to reclusion perpetua.
All establishments and enterprises which

promote or facilitate child prostitution and
For purposes of this Act, the penalty for the
other sexual abuse, child trafficking, obscene
commission of acts punishable under Articles
publications and indecent shows, and other
248,
262
acts of abuse shall be immediately closed
(Mutilation), paragraph 2, and 263 (serious
and their authority or license to operate
physical injury), paragraph 1 of Act No. 3815,
cancelled, without prejudice to the owner or
as amended, the Revised Penal Code, for the
manager thereof being prosecuted under
crimes
other
this Act and/or the Revised Penal Code, as
intentional mutilation, and serious physical
amended, or special laws. A sign with the
injuries, respectively, shall be reclusion
words "off limits" shall be conspicuously
perpetua when the victim is under twelve
displayed outside the establishments or
(12) years of age. The penalty for the
enterprises by the Department of Social
commission of acts punishable under Article
Welfare and Development for such period
337 (Qualified seduction), 339 (acts of
which shall not be less than one (1) year, as
lasciviousness with consent), 340 (corrupting
the
of minors) and 341 (slavery) of Act No. 3815,
unauthorized removal of such sign shall be
as amended, the Revised Penal Code, for the
punishable by prision correccional.
(Murder)
of
249
murder,
(Homicide),
homicide,
Department
may
determine.
The
crimes of qualified seduction, acts of
45
lasciviousness with the consent of the
What is the meaning of Shall be immediately
offended party, corruption of minors, and
closed?
white slave trade, respectively, shall be one
DSWD can close it; not necessarily a
(1) degree higher than that imposed by law
court order. With the words OFF
when the victim is under twelve (12) years
LIMITS.
age.
(2012
Trans)
Under
Section
11,
this
herein.
establishment shall be immediately closed

and their authority or license to operate
Section 12. Employment of Children.
cancelled, without prejudice to the owner or
GENERAL RULE: employment below 15 years
manager thereof of being prosecuted. There
old is not allowed.
is no need for a court order. If the

establishment is found to be promoting
1st exception: You can employ a minor below
prostitution involving minor, child prostitute,
15 if you are the parent, guardian where
it shall be closed.
members of the family is only employed

provided that his employment does not
An establishment shall be deemed to
endangers his life, safety and health and
promote or facilitate child prostitution
morals, nor impairs his normal development.
and
child
Provided, further, that the parent or legal
trafficking, obscene publications and
guardian shall provide the said minor child
indecent shows, and other acts of
with the prescribed primary and/or secondary
abuse if the acts constituting the same
education.
occur
said
Under the sole responsibility of his/her
establishment under this Act or in
parents or legal guardian and where only
violation of the Revised Penal Code, as
members of his/her family are employed.
other
in
sexual
the
abuse,
premises
of
amended. An enterprise such as a

sauna, travel agency, or recruitment
agency
which:
promotes
the
aforementioned acts as part of a tour

for foreign tourists; exhibits children
(2012 Trans) Does it constitute a violation

under this law, employing his son as jeepney
conductor? YES, because using him as a
conductor endangers his life.
in a lewd or indecent show; provides
46
child masseurs for adults of the same
2nd exception: When a child's employment or
or opposite sex and said services
participation in public & entertainment or
include any lascivious conduct with
information through cinema, theater, radio or
the customers; or solicits children or
television
activities
employment contract concluded by the child's
constituting
the
or
is
essential:
guardian,
Provided,
aforementioned acts shall be deemed
parent
to have committed the acts penalized
agreement of the child concerned, if possible,
with
the
The
express
and the approval of the Department of Labor
exploitation or discrimination taking
and Employment.
into account the system and level of
Why is DOLE be involved?
remuneration, and the duration and

arrangement of working time; and;
To ensure that benefits received by the

child.
(2012 Trans) Example: Movie shows that
The employer shall formulate
and
implement,
approval
involve children. That is allowed, provided
subject
and
to
the
supervision
of
competent authorities, a continuing
that the employment contract concluded by
program
the child's parent or guardian, with the
for
training
and
skill
acquisition of the child.
express agreement of the child concerned, if

possible, and the approval of the DOLE. So if
(c)
RA 9231:
you are shooting for a movie, it should not be
"In the above-exceptional cases where
done at night time because that will hamper
any such child may be employed, the
the normal development of the child.
employer shall first secure, before engaging
Provided, the employer shall first secure,
such
before engaging such child, a work permit
Department of Labor and Employment which
from
shall
the
Department
of
Labor
and
Employment which shall ensure observance

of the above requirement.
Provided
further,
that
child,
ensure
work
permit
observance
of
from
the
the
above
requirements.
"For purposes of this Article, the term
the
following
requirements in all instances are strictly
"child" shall apply to all persons under

eighteen (18) years of age."
complied with:
(a)
The employer shall ensure the
protection, health, safety and morals

of the child;
47
These are other conditions:

Section 12-A. Hours of Work of a Working
Child. Under the exceptions provided in
Shooting of the film should not be done at
Section 12 of this Act, as amended:
night time when the child should be sleeping.
(1) A child below fifteen (15) years of age
If the child is sleepy or wants to play, he or
may be allowed to work for not more than
she should be allowed to do so.
twenty (20) hours a week: Provided, That the
(b)
the employer shall institute
measures to prevent the child's
work shall not be more than four (4) hours at

any given day;
work of the child shall be administered by

Why 4 hours? So that the schooling of the
both parents.
child will not be affected.

Sec. 12-C. Trust Fund to Preserve Part of the
(2) A child fifteen (15) years of age but below
Working Childs Income. The parent or legal
eighteen (18) shall not be allowed to work
guardian of a working child below eighteen
for more than eight (8) hours a day, and in
(18) years of age shall set up a trust fund for
no case beyond forty (40) hours a week;
at least thirty percent (30%) of the earnings

of the child whose wages and salaries from
(3) No child below fifteen (15) years of age
work and other income amount to at least
shall be allowed to work between eight
two hundred thousand pesos (P200,000.00)
oclock in the evening and six oclock in the
annually, for which he/she shall render a
morning of the following day and no child
semi-annual accounting of the fund to the
fifteen (15) years of age but below eighteen
Department of Labor and Employment, in
(18) shall be allowed to work between ten
compliance with the provisions of this Act.
oclock in the evening and six oclock in the
The child shall have full control over the trust
morning of the following day.
fund upon reaching the age of majority.
Sec.
12-B. Ownership,
Usage
and
Sec. 12-D. Prohibition Against Worst Forms of
Working
Childs
Child Labor. No child shall be engaged in
Income - The wages, salaries, earnings and
the worst forms of child labor. The phrase
other income of the working child shall
worst forms of child labor shall refer to
belong to him/her in ownership and shall be
any of the following:
set aside primarily for his/her support,
(1) All forms of slavery, as defined under the
education
and
Anti-trafficking in Persons Act of 2003, or
secondarily to the collective needs of the
practices similar to slavery such as sale and
family: Provided, That not more than twenty
trafficking of children, debt bondage and
percent (20%) of the childs income may be
serfdom and forced or compulsory labor,
used for the collective needs of the family.
including recruitment of children for use in
Administration
48
or
of
the
skills
acquisition
Secondarily to collective needs of the family.

(2012 Trans) The income of the working child
armed conflict; or
VERY IMPORTANT worst form of child labor.
and/or the property acquired through the

What do you mean by slavery?
that it:
Extraction of work of a person by

means
of
enticement,
violence,
a) Debases, degrades or demeans the

intrinsic worth and dignity of a child as
intimidation, use of force or coercion,
a human being; or
including
b) Exposes the child to physical,
deprivation
of
freedom,
moral ascendancy or debt bondage.
emotional or sexual abuse, or is found

to be highly stressful psychologically or
What do you mean by debt bondage?

Child
is made
to
work
may prejudice morals; or

without
specification as to value of his work

and the length of time that he should
work.
Its okay to allow the child to serve to pay for
his debts as long as there is a specific period
or length of time when it will stop and specific
amount that is equivalent to his work.
(2) The use, procuring, offering or exposing
of a child for prostitution, for the production
of
pornography
or
for
c)
Is
performed
underground,
underwater or at dangerous heights; or

Example: working in mining.
Muro Ami - That is one of worst forms of
labor. The movie Muro Ami is based on actual
incident.
d) Involves the use of dangerous
machinery, equipment and tools such
as power-driven or explosive poweractuated tools; or
- minor who operates chainsaw.
pornographic
performances; or
e) Exposes the child to physical danger

such as, but not limited to the
(3) The use, procuring or offering of a child
dangerous feats of balancing, physical
for illegal or illicit activities, including the
strength
production and trafficking of dangerous
requires the manual transport of heavy
drugs and volatile substances prohibited
loads;
under existing laws; or
f) Is performed in an unhealthy
or
contortion,
or
which
environment exposing the child to
49
(4) Work which, by its nature or the
hazardous
circumstances in which it is carried out, is
elements, substances, co-agents or
hazardous or likely to be harmful to the
processes involving ionizing, radiation,
health, safety or morals of children, such
fire, flammable substances, noxious
working
conditions,
components and the like, or to extreme
Acceleration program, where you will be
temperatures,
evaluated.
noise
levels,
or
vibrations; or
b) To ensure and guarantee the access of the
Example: minor working in furniture business,

use of varnish etc.
working child to education and training, the

Department of Education (DEPED) shall: (1)
formulate,
promulgate,
and
implement
g) Is performed under particularly
relevant and effective course designs and
difficult conditions; or
educational
h) Exposes the child to biological
necessary training for the implementation of
agents such as bacteria, fungi, viruses,
the appropriate curriculum for the purpose;
protozoans,
(3) ensure the availability of the needed
nematodes
and
other
parasites; or
i)
programs;
(2)
conduct
the
educational facilities and materials; and (4)
Involves
the
manufacture
or
conduct continuing research and development
handling of explosives and other
program for the necessary and relevant
pyrotechnic products.
alternative education of the working child.
(2012 Trans) This came out in the bar.

Enumeration, what are the worst forms of
labor. Worst forms of labor are strictly
prohibited, coz it is dangerous to the life,
health, safety of the child.
Naa
ron
program
deped
acceleration
program. Ex 16 yrs old ka grade 2 pa

examinon ka tan.aw nga imu level grade 6
epromote ka. Skwela na pd ka, in the middle
gani examinon n pd ka nya imu level kai 3rd yr
Sec. 13. Access to Education and Training for
epromote na pd ka.
-
Working Children a) No child shall be
Duna od cla program for working. ALS,
deprived of formal or non-formal education.
Alternative Learning System. D na muadto
In all cases of employment allowed in this Act,
skul. Taga.an nka ana nila ug module.
the employer shall provide a working child
50
with access to at least primary and secondary
c) The DEPED shall promulgate a course
education.
design
There is night school in cities to give working
program aimed at promoting the intellectual,
minors
school.
moral and vocational efficiency of working
SYSTEM,
children who have not undergone or finished
ALTERNATIVE
chance
to
go
LEARNING
to
under
its
non-formal
education
elementary or secondary education. Such

course design shall integrate the learning
process deemed most effective under given
circumstances.
Sec. 14. Prohibition on the Employment of

Children in Certain Advertisements. No
child shall be employed as a model in any
advertisement directly or indirectly promoting
alcoholic
beverages,
intoxicating
drinks,
tobacco and its byproducts, gambling or any

form of violence or pornography.
To promote whisky by a 15 year old minor.
//CL-Aug16.
Sec. 14. Prohibition on the Employment of
Children in Certain Advertisements. No
child shall be employed as a model in any
advertisement
directly
or
indirectly
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its
byproducts, gambling or any form of
violence or pornography.
There was one instance wherein it was
advertised in a billboard a caption which
said Nakatikim ka na ba ng kinse? which
turned out to be a Tanduay product which
had turned 15 years. This advertisement
was removed because the one promoting
such alcohol was a minor.
51
Section 15. Duty of Employer. Every

employer shall comply with the duties
provided for in Articles 108 and 109 of
Presidential Decree No. 603.
Sec. 16. Penal Provisions (as amended

by RA 9231this is already an excerpt of
RA 9231).
"a) Any employer who violates Sections
12, 12-A, and Section 14 of this act, as
amended, shall be penalized by
imprisonment of six (6) months and one
(1) day to six (6) years or a fine of not less
than Fifty thousand pesos (P50,000.00)
but not more than Three hundred
thousand pesos (P300,000.00) or both at
the discretion of the court.
"b) Any person who violates the provision
of Section 12-D of this act or the employer
of the subcontractor who employs, or the
one who facilitates the employment of a
child in hazardous work, shall suffer the
penalty of a fine of not less than One
hundred thousand pesos (P100,000.00)
but not more than One million pesos
(P1,000,000.00), or imprisonment of not
less than twelve (12) years and one (1)
day to twenty (20) years, or both such fine
and imprisonment at the discretion of the
court.
"c) Any person who violates Sections 12D(1) and 12-D(2) shall be prosecuted and
penalized in accordance with the penalty
provided for by R. A. 9208 otherwise
known as the "Anti-trafficking in Persons
Act of 2003": Provided, That Such penalty
shall be imposed in its maximum period.
"d) Any person who violates Section 12-D
(3) shall be prosecuted and penalized in
accordance with R.A. 9165, otherwise
known as the "Comprehensive Dangerous
Drugs Act of 2002"; Provided, That such
penalty shall be imposed in its maximum
period.
"e) If a corporation commits any of the
violations aforecited, the board of
directors/trustees and officers, which

include the president, treasurer and
secretary of the said corporation who
participated in or knowingly allowed the
violation, shall be penalized accordingly
as provided for under this Section.
"f) Parents, biological or by legal fiction,
and legal guardians found to be violating
Sections 12, 12-A, 12-B and 12-C of this
Act shall pay a fine of not less than Ten
thousand pesos (P10,000.00) but not
more than One hundred thousand pesos
(P100,000.00), or be required to render
community service for not less than thirty
(30) days but not more than one (1) year,
or both such fine and community service
at the discretion of the court: Provided,
That the maximum length of community
service shall be imposed on parents or
legal guardians who have violated the
provisions of this Act three (3) times;
Provided, further, That in addition to the
community service, the penalty of
imprisonment of thirty (30) days but not
more than one (1) year or both at the
discretion of the court, shall be imposed
on the parents or legal guardians who
have violated the provisions of this Act
more than three (3) times.
"g) The Secretary, of Labor and
Employment or his/her duly authorized
representative may, after due notice and
hearing, order the closure of any business
firm or establishment found to have
violated any of the provisions of this Act
more than three (3) times. He/she shall
likewise order the immediate closure of
such firm or establishment if:
52
"(1) The violation of any provision of this

Act has resulted in the death, insanity or
serious physical injury of a child employed
in such establishment; or
"(2) Such firm or establishment is

engaged or employed in prostitution or in
obscene or lewd shows.
"h) In case of such closure, the employer
shall be required to pay the employee(s)
the separation pay and other monetary
benefits provided for by law."
Section 7. The same Act is hereby further
amended by adding a new section to be
denominated as Section 16-A, to read as
follows:
"Sec. 16-A. Trust Fund from Fines and
Penalties - The fine imposed by the court
shall be treated as a Trust Fund,
administered by the Department of Labor
and
Employment
and
disbursed
exclusively for the needs, including the
costs of rehabilitation and reintegration
into the mainstream of society of the
working children who are victims of the
violations of this Act, and for the programs
and projects that will prevent acts of child
labor."
ARTICLE IX
Children
of
Communities
Indigenous
Cultural
Section 17. Survival, Protection and

Development. In addition to the rights
guaranteed to children under this Act and
other existing laws, children of indigenous
cultural communities shall be entitled to
protection, survival and development
consistent with the customs and traditions
of their respective communities.
Section 18. System of and Access to
Education. The Department of
Education, Culture and Sports shall
develop and institute an alternative
system of education for children of
indigenous cultural communities which
culture-specific and relevant to the needs

of and the existing situation in their
communities.
The
Department
of
Education, Culture and Sports shall also
accredit and support non-formal but
functional
indigenous
educational
programs conducted by non-government
organizations in said communities.
Section 19. Health and Nutrition. The
delivery of basic social services in health
and nutrition to children of indigenous
cultural communities shall be given priority
by all government agencies concerned.
Hospitals and other health institution shall
ensure that children of indigenous cultural
communities are given equal attention. In
the provision of health and nutrition
services to children of indigenous cultural
communities, indigenous health practices
shall be respected and recognized.
Section 20. Discrimination. Children of
indigenous cultural communities shall not
be subjected to any and all forms of
discrimination.
Any person who discriminate against
children
of
indigenous
cultural
communities shall suffer a penalty of
arresto mayor in its maximum period and
a fine of not less than Five thousand
pesos (P5,000) more than Ten thousand
pesos (P10,000).
53
Section 21. Participation. Indigenous

cultural communities, through their dulydesignated or appointed representatives
shall be involved in planning, decisionmaking implementation, and evaluation of
all
government
programs
affecting
children
of
indigenous
cultural
communities. Indigenous institution shall
also be recognized and respected.
Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace.
Children are hereby declared as Zones of
Peace. It shall be the responsibility of the
State and all other sectors concerned to
resolve armed conflicts in order to
promote the goal of children as zones of
peace. To attain this objective, the
following policies shall be observed.
(a)
Children shall not be the object of
attack and shall be entitled to special
respect. They shall be protected from any
form of threat, assault, torture or other
cruel, inhumane or degrading treatment;
(b)
Children shall not be recruited to
become members of the Armed Forces of
the Philippines of its civilian units or other
armed groups, nor be allowed to take part
in the fighting, or used as guides, couriers,
or spies;
(c)
Delivery of basic social services
such as education, primary health and
emergency relief services shall be kept
unhampered;
(d)
The safety and protection of those
who provide services including those
involved in fact-finding missions from both
government
and
non-government
institutions shall be ensured. They shall
not be subjected to undue harassment in
the performance of their work;
(e)
Public infrastructure such as
schools, hospitals and rural health units
shall not be utilized for military purposes
such as command posts, barracks,
detachments, and supply depots; and
(f)
All appropriate steps shall be taken
to facilitate the reunion of families
ARTICLE X
temporarily
conflict.
separated
due
to
armed
Section 23. Evacuation of Children During

Armed Conflict. Children shall be given
priority during evacuation as a result of
armed conflict. Existing community
organizations shall be tapped to look after
the safety and well-being of children
during evacuation operations. Measures
shall be taken to ensure that children
evacuated are accompanied by persons
responsible for their safety and well-being.
Section 24. Family Life and Temporary
Shelter. Whenever possible, members
of the same family shall be housed in the
same premises and given separate
accommodation from other evacuees and
provided with facilities to lead a normal
family life. In places of temporary shelter,
expectant and nursing mothers and
children shall be given additional food in
proportion to their physiological needs.
Whenever feasible, children shall be given
opportunities for physical exercise, sports
and outdoor games.
Section 25. Rights of Children Arrested for
Reasons Related to Armed Conflict. Any
child who has been arrested for reasons
related to armed conflict, either as
combatant, courier, guide or spy is entitled
to the following rights;
(a)
Separate detention from adults
except where families are accommodated
as family units;
(b) Immediate free legal assistance;
54
(c) Immediate notice of such arrest to the

parents or guardians of the child; and
(d) Release of the child on recognizance
within twenty-four (24) hours to the
custody of the Department of Social

Welfare and Development or any
responsible member of the community as
determined by the court.
If after hearing the evidence in the proper
proceedings the court should find that the
aforesaid child committed the acts
charged against him, the court shall
determine
the
imposable
penalty,
including any civil liability chargeable
against him. However, instead of
pronouncing judgment of conviction, the
court shall suspend all further proceedings
and shall commit such child to the custody
or care of the Department of Social
Welfare and Development or to any
training institution operated by the
Government, or duly-licensed agencies or
any other responsible person, until he has
had reached eighteen (18) years of age
or, for a shorter period as the court may
deem proper, after considering the reports
and recommendations of the Department
of Social Welfare and Development or the
agency or responsible individual under
whose care he has been committed.
The aforesaid child shall subject to
visitation
and
supervision
by
a
representative of the Department of Social
Welfare and Development or any dulylicensed agency or such other officer as
the court may designate subject to such
conditions as it may prescribe.
The aforesaid child whose sentence is
suspended can appeal from the order of
the court in the same manner as appeals
in criminal cases.
Section 26. Monitoring and Reporting of
Children in Situations of Armed Conflict.
The chairman of the barangay affected by
the armed conflict shall submit the names
of children residing in said barangay to the
municipal social welfare and development

officer within twenty-four (24) hours from
the occurrence of the armed conflict.
RA 7610 talks about a minor offended

party. Now, lets go now to RA 9344
where the minor being the offender.
Section 16-26, a matter of reading.

Section 27. Who May File a Complaint.
RA 9344: JUVENILE JUSTICE AND

WELFARE ACT as amended by RA
10630.
This is a public crime.
55
Complaints on cases of unlawful acts

committed against the children as
enumerated herein may be filed by the
following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within
the third degree of consanguinity;
(d) Officer, social worker or representative
of a licensed child-caring institution;
(e) Officer or social worker of the
Department of Social Welfare and
Development;
(f) Barangay chairman; or
(g) At least three (3) concerned
responsible citizens where the violation
occurred
Actually, law enforcers may be allowed to
file.
Jurisdiction:
Family courts.
Most of the cases involving minors
wherein in the information filed relates to
rape in relation to RA 7610 because the
fiscal ensures that the accused is
prosecuted. Exapmle, if you punch a child,
automatically it will constitute a violation
under RA 7610. In courts, if the victim is a
child, automatically, they will put in
relation to RA 7610 and it is up to the
court to determine whether the injuries
involve constitute a child abuse or a
violation of the RPC.
When there is no family court, file the
case in the RTC.
BEST INTEREST OF THE CHILD

totality of circumstances and conditions
which are most congenial, most beneficial,
favourable to the survival, feelings of the
child.
SEC. 4. Definition of Terms:
(b) "Best Interest of the Child" refers to the
totality of the circumstances and
conditions which are most congenial to
the survival, protection and feelings of
security of the child and most encouraging
to the child's physical, psychological and
emotional development. It also means the
least detrimental available alternative for
safeguarding the growth and development
of the child.
Take note of this term. Any doubt take
the best consideration in favor of interest
of the child.
(c) "Child" refers to a person under the
age of eighteen (18) years.
Under RA 9262, did that law made
mention of a child?
Yes.
How about RA 7610, did it mention of a
child?
Yes, all the more.
Under these two special laws, the
definition of a child who is below 18 years
of age or over 18 but incapable of
protecting themselves against abuse.
being out of school;

Here, take note that the definition of a
child is limited only to a child under 18
years of age. This does not apply to a
person who is over 18 years of age
although his mental age is equivalent to
that of a child below 18 years of age.
There are two kinds of children under this
law.
(d) "Child at Risk" refers to a child who is
vulnerable to and at the risk of committing
criminal offenses because of personal,
family and social circumstances, such as,
but not limited to, the following:
So those children who are victims of child
abuse they are considered child at risk of
committing an offense or vulnerable of
committing such offenses.
being abused by any person through
sexual, physical, psychological, mental,
economic or any other means and the
parents or guardian refuse, are unwilling,
or unable to provide protection for the
child;
being a streetchild;
being a member of a gang;
living in a community with a high level of
criminality or drug abuse; and
Example: If the child lives in a community
of informal settlers and where those
criminals or snatchers live, then the child
is at risk.
living in situations of armed conflict.
Example: If the child lives in an NPA
infested area or places where the abu
sayaff are located, then the child is at risk.
(e) "Child in Conflict with the Law" refers
to a child who is alleged as, accused of, or
adjudged as, having committed an offense
under Philippine laws.
Those children who committed crimes
should not be called criminals nor
accused. They should be properly referred
to as Child in conflict with the law.
Is there an economic abuse? Yes.

being exploited including sexually or
economically;
being abandoned or neglected, and after
diligent search and inquiry, the parent or
guardian cannot be found;
coming from a dysfunctional or broken
family or without a parent or guardian;
56
Dysfunctional meaning those children

whose parents have separated. The father
and mother are unavailable, then the child
is considered a child at risk.
(g) "Court" refers to a family court or, in

places where there are no family courts,
any regional trial court.
Court refers to any family court or RTC.
(i) "Diversion" refers to an alternative,
child-appropriate process of determining
the responsibility and treatment of a child
in conflict with the law on the basis of
his/her
social,
cultural,
economic,
psychological or educational background
without resorting to formal court
proceedings.
What do you mean by diversion? 2:04:36
Refers to alternative.
Simply, amicable settlement.
If you are under diversion, it means that
you will not undergo court proceedings.
(j) "Diversion Program" refers to the
program that the child in conflict with the
law is required to undergo after he/she is
found responsible for an offense without
resorting to formal court proceedings.
Another way of making the child
undergoes activities without resorting to
formal court proceedings. It would include
restitution, reparation, and payment of the
item. There is also counseling and may
also include reprimanding. After that, the
child is bound to be responsible for the
offense.
What is to be done if the child admits that
he is a snatcher and he is the one who
snatched the said item? Okay, parents,
you pay the victim the value of the
snatched item. Mr. X, next time, you
should look after your child more carefully
in order for him not to commit the same
mistake again.
This is what you call diversion program.
The act of inquiring into the actions of the
child, knowing the reasons for the said
act, the reprimanding of the child as well
as remind the parents of their role towards
their childs actions is what you call
diversion program.
Who will conduct? Either prosecutor,
police, barangay captain or judge.
57
(k) "Initial Contact With-the Child" refers to

the apprehension or taking into custody of
a child in conflict with the law by law
enforcement officers or private citizens. It
includes the time when the child alleged to
be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112

of the Revised Rules of Criminal
Procedure or summons under Section
6(a) or Section 9(b) of the same Rule in
cases that do not require preliminary
investigation or where there is no
necessity to place the child alleged to be
in conflict with the law under immediate
custody.
This is the arrest or apprehension of the
child.
Can a child be arrested?
YES. BUT, if below 15, he or she
cannot be detained. You have to find the
childs parents.
(I) "Intervention" refers to a series of
activities which are designed to address
issues that caused the child to commit an
offense. It may take the form of an
individualized treatment program which
may include counseling, skills training,
education, and other activities that will
enhance his/her psychological, emotional
and psycho-social well-being.
These are the remedies used in order to
see to it the child will not anymore commit
any crime.
What is the exempting age?
15 yrs old and below exempt.
INTERVENTION AND DIVERSION
15 yrs old and below - Exempt but
subjected to intervention.
Over 15 but below 18 if acted
without discernment intervention.
Acted with discernment subjected
to diversion.
The act of reprimanding the child is
already what you call intervention.
Counseling is also a form of intervention.

If it involves sensational case like murder.
(m) "Juvenile Justice and Welfare System"
refers to a system dealing with children at
risk and children in conflict with the law,
which
provides
child-appropriate
proceedings, including programs and
services
for
prevention,
diversion,
rehabilitation, re-integration and aftercare
to ensure their normal growth and
development.
(p)
"Recognizance"
refers
to
an
undertaking in lieu of a bond assumed by
a parent or custodian who shall be
responsible for the appearance in court of
the child in conflict with the law, when
required.
Recognizance means promise to let the
child appear in court or bring the child in
court.
(q) "Restorative Justice" refers to a
principle which requires a process of
resolving conflicts with the maximum
involvement of the victim, the offender and
the community. It seeks to obtain
reparation for the victim; reconciliation of
the offender, the offended and the
community; and reassurance to the
offender that he/she can be reintegrated
into society. It also enhances public safety
by activating the offender, the victim and
the community in prevention strategies.
58
One example of restorative justice is

amicable settlement; the parents of the
child in conflict with the law shall pay the
hospital expenses of the victim.
(r) "Status Offenses" refers to offenses
which discriminate only against a child,
while an adult does not suffer any penalty
for committing similar acts. These shall

include
curfew
violations;
truancy,
parental disobedience and the like.
If committed by an adult, not a crime. But
if a child, it is a crime.
Status offense, these are acts which are
considered as offense if committed by
minors but not offense when committed by
adults such as curfew violations and
truancy
or
gallivanting,
parental
disobedience and the like.
Example.
Curfew Violations. Make a
curfew ordinance. Minors curfew shall be
at 10:00 oclock only, if caught beyond
such hour, he shall be arrested. That
could be a status offense because that is
a discrimination against minors.
If a local government issues an ordinance,
it should be applicable to all. It should not
discriminate minors like if the minor
violates such ordinance, its a crime
already but if his not a minor its not a
crime. That is a status offense.
(s) Bahay Pag-asa refers to a 24-hour
child-caring institution established, funded
and managed by local government units
(LGUs) and licensed and/or accredited
nongovernment organizations (NGOs)
providing short-term residential care for
children in conflict with the law who are
above fifteen (15) but below eighteen (18)
years of age who are awaiting court
disposition of their cases or transfer to
other agencies or jurisdiction.
Part of the features of a Bahay Pag-asa
is an intensive juvenile intervention and
support center. This will cater to children
in conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.
A multi-disciplinary team composed of a

social worker, a psychologist/mental
health professional, a medical doctor, an
educational/guidance counselor and a
Barangay Council for the Protection of
Children (BCPC) member shall operate
the Bahay Pag-asa. The team will work
on the individualized intervention plan with
the child and the childs family. (RA
10630).
We have one here in Cebu, we call it
Operation Second Chance.
(t) "Youth Rehabilitation Center" refers to
a 24-hour residential care facility
managed by the Department of Social
Welfare and Development (DSWD),
LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides
care, treatment and rehabilitation services
for children in conflict with the law.
Rehabilitation services are provided under
the guidance of a trained staff where
residents are cared for under a structured
therapeutic environment with the end view
of reintegrating them into their families
and communities as socially functioning
individuals. Physical mobility of residents
of said centers may be restricted pending
court disposition of the charges against
them.
This is the same as a Bahay Pag-Asa. We
also have it here in Cebu, its located in
Argao wherein there is a separate
rehabilitation center for adults and another
one for minors. There is also one located
in Mambaling run by private individuals.
59
By the way, the Bahay Pag-Asa shall be

run by a so-called a Multi-disciplinary
team which shall be composed of a social
worker, psychologist, mental health
professional, a medical doctor, an
exceptional guidance counsellor and a

barangay council shall operate such
Bahay Pag-Asa.
(u) "Victimless Crimes" refers to offenses
where there is no private offended party.
SEC. 5. Rights of the Child in Conflict with
the Law. - Every child in conflict with the
law shall have the following rights,
including but not limited to:
(a) the right not to be subjected to torture
or other cruel, inhuman or degrading
treatment or punishment;
(b) the right not to be imposed a sentence
of capital punishment or life imprisonment,
without the possibility of release;
Remember in RA 9165, Section 98,
whenever it is stated that the penalty is life
imprisonment it should be understood as
reclusion perpetua because in life
imprisonment, Minority as a privileged
mitigating circumstance will not apply
whereas if reclusion perpetua, minority will
apply.
(c) the right not to be deprived, unlawfully
or arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last
resort, and which shall be for the shortest
appropriate period of time;
(d) the right to be treated with humanity
and respect, for the inherent dignity of the
person, and in a manner which takes into
account the needs of a person of his/her
age. In particular, a child deprived of
liberty shall be separated from adult
offenders at all times. No child shall be
detained together with adult offenders.
He/She shall be conveyed separately to or
from court. He/She shall await hearing of
his/her own case in a separate holding
area. A child in
have the right
his/her family
and
visits,
circumstances;
conflict with the law shall

to maintain contact with
through correspondence
save
in
exceptional
(e) the right to prompt access to legal and

other appropriate assistance, as well as
the right to challenge the legality of the
deprivation of his/her liberty before a court
or other competent, independent and
impartial authority, and to a prompt
decision on such action;
(f) the right to bail and recognizance, in
appropriate cases;
(g) the right to testify as a witness in
hid/her own behalf under the rule on
examination of a child witness;
(h) the right to have his/her privacy
respected fully at all stages of the
proceedings;
(i) the right to diversion if he/she is
qualified and voluntarily avails of the
same;
(j) the right to be imposed a judgment in
proportion to the gravity of the offense
where his/her best interest, the rights of
the victim and the needs of society are all
taken into consideration by the court,
under the principle of restorative justice;
60
(k) the right to have restrictions on his/her

personal liberty limited to the minimum,
and where discretion is given by law to the
judge to determine whether to impose fine
or imprisonment, the imposition of fine
being preferred as the more appropriate
penalty;
(I) in general, the right to automatic
suspension of sentence;
(m) the right to probation as an alternative

to imprisonment, if qualified under the
Probation Law;
(n) the right to be free from liability for
perjury,
concealment
or
misrepresentation; and
(o) other rights as provided for under
existing laws, rules and regulations.
The State further adopts the provisions of
the United Nations Standard Minimum
Rules for the Administration of Juvenile
Justice or "Beijing Rules", United Nations
Guidelines for the Prevention of Juvenile
Delinquency or the "Riyadh Guidelines",
and the United Nations Rules for the
Protection of Juveniles Deprived of
Liberty.
SEC. 6. Minimum Age of Criminal
Responsibility. A child fifteen (15) years
of age or under at the time of the
commission of the offense shall be
exempt from criminal liability. However,
the child shall be subjected to an
intervention program pursuant to Section
20 of this Act. A child is deemed to be
fifteen (15) years of age on the day of the
fifteenth anniversary of his/her birthdate.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise
be exempt from criminal liability and be
subjected to an intervention program,
unless
he/she
has
acted
with
discernment, in which case, such child
shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability
herein established does not include
exemption from civil liability, which shall
be enforced in accordance with existing

laws.
A child 15 years or under at the time of
commission of such offense shall be
exempt from criminal liability. However, he
shall be subjected to INTERVENTION.
What is discernment? The ability of the
child to know what is right or wrong. How
to know? The circumstances surrounding
before and after the commission of the
crime shall be taken into consideration.
Example: When the child committed
murder and used treachery in committing
such crime.
TREACHERY is the employment of
means, methods and forms used to
ensure the commission of the crime
without opportunity on the part of the
victim to make his defense. So when the
child employed treachery in committing
such crime then there is discernment.
In one case wherein a child killed his
friends through the use of a bolo. After
killing them, he washed the said weapon.
Why did he washed the bolo? So that no
one will know what he did. Why would he
not let anyone knew of the said act? For
he knew that what he did was wrong. That
means he is aware that what he did was
wrong and that shows discernment of
which he is liable.
It is the Burden of prosecution that the
child acted with discernment. It must be
alleged in the information and proven
during trial.
61
SEC. 7. Determination ofAge. - The child

in conflict with the law shall enjoy the
presumption of minority. He/She shall
enjoy all the rights of a child in conflict
with the law until he/she is proven to be

eighteen (18) years old or older. The age
of a child may be determined from the
child's
birth
certificate,
baptismal
certificate or any other pertinent
documents. In the absence of these
documents, age may be based on
information from the child himself/herself,
testimonies of other persons, the physical
appearance of the child and other relevant
evidence. In case of doubt as to the age
of the child, it shall be resolved in his/her
favor.
Any person contesting the age of the child
in conflict with the law prior to the filing of
the information in any appropriate court
may file a case in a summary proceeding
for the determination of age before the
Family Court which shall decide the case
within twenty-four (24) hours from receipt
of the appropriate pleadings of all
interested parties.
If a case has been fiied against the child
in conflict with the law and is pending in
the appropriate court, the person shall file
a motion to determine the age of the child
in the same court where the case is
pending. Pending hearing on the said
motion, proceedings on the main case
shall be suspended.
In all proceedings, law enforcement
officers, prosecutors, judges and other
government officials concerned shall exert
all efforts at determining the age of the
child in conflict with the law.
How do you determine age?
Sec 7 presumed minor. He who
alleged that he is not a minor shall prove
by presenting evidence that he is not a
minor.
Primary evidence of age is Birth
certificate. In the absence of birth
certificate, baptismal certificate. If no

baptismal certificate is not available like in
other religions, they may present other
pertinent documents e.g. school records,
testimony of child himself/herself or
testimony of mother or the physical
appearance of the child.
(h) National Bureau of Investigation

(NBI);
If there is a case filed involving a minor,

the private complainant may contest his
minority prior to the trial and may file a
motion and a hearing shall occur wherein
the movant shall be allowed to present
evidence that alleged minor is no longer
minor.
(k) Commission on Human Rights (CHR);
SEC. 8. Juvenile Justice and Welfare

Council (JJWC). A Juvenile Justice and
Welfare Council (JJWC) is hereby created
and attached to the Department of Social
Welfare and Development and placed
under its administrative supervision. The
JJWC
shall
be
chaired
by
an
Undersecretary of the Department of
Social Welfare and Development. It shall
ensure the effective implementation of this
Act and coordination among the following
agencies:
(n) Other institutions focused on juvenile

justice and intervention programs.
(a) Department of Justice (DOJ);
(1) Department of Justice (DOJ);
(b) Council for the Welfare of Children

(CWC);
(2) Department of Social Welfare and

Development (DSWD);
(c) Department of Education (DepED);
(3) Council for the Welfare of Children

(CWC);
(d) Department of the Interior and Local

Government (DILG);
(e) Public Attorneys Office (PAO);
62
(i) Philippine National Police (PNP);

(j) Bureau of Jail Management and
Penology (BJMP);
(l) Technical Education and

Development Authority (TESDA);
Skills
(m) National Youth Commission (NYC);

and
The JJWC shall be composed of

representatives, whose ranks shall not be
lower than director, to be designated by
the concerned heads of the following
departments or agencies and shall receive
Council in accordance with existing
budget and accounting rules and
regulations:
(4) Department of Education (DepED);

(5) Department of the Interior and Local
Government (DILG);
(f) Bureau of Corrections (BUCOR);

(6) Commission on Human Rights (CHR);
(g) Parole and Probation Administration
(PPA);
(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs,

to be designated by the Secretary of
Social Welfare and Development, to be
selected based on the criteria established
by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the
League of Provinces, League of Cities,
League of Municipalities and League of
Barangays.
There shall be a Regional Juvenile
Justice and Welfare Committee (RJJWC)
in each region. The RJJWCs will be under
the administration and supervision of the
JJWC. The RJJWC shall be chaired by
the director of the regional office of the
DSWD. It shall ensure the effective
implementation of this Act at the regional
and LGU levels and the coordination
among its member agencies.
The RJJWC will be composed of
permanent representatives who shall have
a rank not lower than an assistant regional
director or its equivalent to be designated
by the concerned department heads from
the following agencies and shall receive
Council in accordance with existing
budget and accounting rules and
regulations:
(vi) Department of Health (DOH);

(vii) Two (2) representatives from NGOs
operating within the region selected by the
RJJWC based on the criteria established
by the JJWC;
(viii) One (1) sectoral representative from
the children or youth sector within the
region; and
(ix) One (1) representative from the
League
of
Provinces/
Cities/
Municipalities/
Barangays
of
the
Philippines.
The JJWC shall convene within fifteen
(15) days from the effectivity of this Act.
The Secretary of Social Welfare and
Development
shall
determine
the
organizational structure and staffing
pattern of the JJWC national secretariat
and the RJJWC secretariat.
In the implementation of this Act, the
JJWC shall consult with the various
leagues of local government officials.
The JJWC shall coordinate with the
Office of the Court Administrator and the
Philippine Judicial Academy to ensure the
realization of its mandate and the proper
discharge of its duties and functions, as
herein provided.
(i) Department of Justice (DOJ);

(ii) Department of Social Welfare and
Development (DSWD);
(iii) Department of Education (DepED);
63
(iv) Department of the Interior and Local

Government (DILG);
(v) Commission on Human Rights (CHR);
Section 9. Duties and Function of JJWC.

The JJWC shall have the following duties
and functions:
(a) To oversee the implementation of this
Act;
(b) To advise the President on all matters
and policies relating to juvenile justice and
welfare;
(c) To assist the concerned agencies in

the review and redrafting of existing
policies/regulations or in the formulation of
new ones in line with the provisions of this
Act;
(d)
To
periodically
develop
a
comprehensive 3 to 5-year national
juvenile intervention program, with the
participation of government agencies
concerned,
NGOs
and
youth
organizations;
(e) To coordinate the implementation of
the juvenile intervention programs and
activities by national government agencies
and other activities which may have an
important bearing on the success of the
entire national juvenile intervention
program. All programs relating to juvenile
justice and welfare shall be adopted in
consultation with the JJWC;
(f) To consult with the various leagues of
local government
officials in the
formulation and recommendation of
policies and strategies for the prevention
of juvenile delinquency and the promotion
of juvenile justice and welfare;
(g) To formulate and recommend policies
and strategies in consultation with children
for the prevention of juvenile delinquency
and the administration of justice, as well
as for the treatment and rehabilitation of
the children in conflict with the law;
64
(h) To collect relevant information and

conduct continuing research and support
evaluations and studies on all matters
relating to juvenile justice and welfare,
such as, but not limited to:
(1) The
achieved
programs and by activities of the local

government units and other government
agencies;
(2) The periodic trends, problems and
causes of juvenile delinquency and
crimes; and
(3) The particular needs of children in
conflict with the law in custody.
The data gathered shall be used by the
JJWC in the improvement of the
administration of juvenile justice and
welfare system.
The JJWC shall submit an annual report
to Congress on the implementation of the
provisions of this Act.
The JJWC shall set up a mechanism to
ensure that children are involved in
research and policy development.
(i) Through duly designated persons and
with the assistance of the agencies
provided in the preceding section, to
conduct regular inspections in detention
and rehabilitation facilities and to
undertake spot inspections on their own
initiative in order to check compliance with
the standards provided herein and to
make the necessary recommendations to
appropriate agencies;
(j) To initiate and coordinate the conduct
of trainings for the personnel of the
agencies involved in the administration of
the juvenile justice and welfare system
and the juvenile intervention program;
(k) To submit an annual report to the
President on the implementation of this
Act; and
performance and results

by
juvenile
intervention
(l) To perform such other functions as

may be necessary to implement the
provisions of this Act.
Who is the author of this Act?
Sen. Kiko Pangilinan.
SEC. 9-A. Duties and Functions of the
RJJWC. The RJJWC shall have the
following duties and functions:
(2) The periodic trends, problems and

causes of juvenile delinquency and crimes
from the LGU level to the regional level;
and
(a) To oversee and ensure the effective

implementation of this Act at the regional
level and at the level of the LGUs;
(3) The particular needs of children in

conflict with the law in custody within their
regional jurisdiction.
(b) To assist the concerned agencies in

the implementation and in compliance
with
the
JJWCs
adopted
policies/regulations or provide substantial
inputs to the JJWC in the formulation of
new ones in line with the provisions of this
Act;
The data gathered shall be forwarded by

the RJJWC to the JJWC on an annual
basis and as may be deemed necessary
by the JJWC.
(g) Through duly designated persons and
with the assistance of the agencies
provided in the preceding section, to
conduct regular inspections in detention
and rehabilitation facilities within the
region and to undertake spot inspections
on their own initiative in order to check
compliance with the standards provided
herein and to make the necessary reports
and recommendations to appropriate
agencies and to the JJWC;
(c) To assist in the development of the

comprehensive 3 to 5-year local juvenile
intervention
program,
with
the
participation of concerned LGUs, NGOs
and youth organizations within the region
and monitor its implementation;
(d) To coordinate the implementation of
the juvenile intervention programs and
activities by national government agencies
and other activities within the region;
(e) To oversee the programs and
operation of the intensive juvenile
intervention
and
support
center
established within the region;
65
(1) Performance and results achieved by

juvenile intervention programs and by
activities of the LGUs and other
government agencies within the region;
(f) To collect relevant regional information

and conduct continuing research and
support evaluations and studies on all
matters relating to juvenile justice and
welfare within the region, such as, but not
limited to:
(h) To initiate and coordinate the conduct

of trainings for the personnel of the
agencies involved in the administration of
the juvenile justice and welfare system
and the juvenile intervention program
within the region;
(i) To submit an annual report to the
JJWC on the implementation of this Act;
and
(j) To perform such other functions as
may be determined by the JJWC to
implement the provisions of this Act.
SEC. 10. Policies and Procedures on

Juvenile Justice and Welfare. - All
government agencies enumerated in
Section 8 shall, with the assistance of the
JJWC and within one (1) year from the
effectivity of this Act, draft policies and
procedures consistent with the standards
set in the law. These policies and
procedures shall be modified accordingly
in consultation with the JJWC upon the
completion of the national juvenile
intervention program as provided under
Section 9 (d).
SEC. 11. Child Rights Center (CRC). The existing Child Rights Center of the
Commission on Human Rights shall
ensure that the status, rights and interests
of children are upheld in accordance with
the
Constitution
and
international
instruments on human rights. The CHR
shall strengthen the monitoring of
government compliance of all treaty
obligations, including the timely and
regular submission of reports before the
treaty
bodies,
as
well
as
the
implementation and dissemination of
recommendations and conclusions by
government agencies as well as NGOs
and civil society.
LGU, mandated to establish Local Council
for protection of the child.
SEC. 12. The Family. - The family shall be
responsible for the primary nurturing and
rearing of children which is critical in
delinquency prevention. As far as
practicable and in accordance with the
procedures of this Act, a child in conflict
with the law shall be maintained in his/her
family.
66
Which institution shall primary help in the

fight against drug addiction?
The FAMILY.
SEC. 13. The Educational System. Educational

institutions
shall
work
together
with
families,
community
organizations and agencies in the
prevention of juvenile delinquency and in
the rehabilitation and reintegration of child
in conflict with the law. Schools shall
provide
adequate,
necessary
and
individualized educational schemes for
children manifesting difficult behavior and
children in conflict with the law. In cases
where children in conflict with the law are
taken into custody or detained in
rehabilitation centers, they should be
provided the opportunity to continue
learning under an alternative learning
system with basic literacy program or nonformal
education
accreditation
equivalency system.
SEC. 14. The Role of the Mass Media. The mass media shall play an active role
in the promotion of child rights, and
delinquency prevention by relaying
consistent messages through a balanced
approach. Media practitioners shall,
therefore, have the duty to maintain the
highest critical and professional standards
in reporting and covering cases of children
in conflict with the law. In all publicity
concerning children, the best interest of
the child should be the primordial and
paramount
concern.
Any
undue,
inappropriate
and
sensationalized
publicity of any case involving a child in
conflict with the law is hereby declared a
violation of the child's rights.
SEC.
15.
Establishment
and
Strengthening of Local Councils for the
Protection of Children. - Local Councils for
the Protection of Children (LCPC) shall be
established in all levels of local
government, and where they have already
been
established,
they
shall
be
strengthened within one (1) year from the
effectivity of this Act. Membership in the

LCPC shall be chosen from among the
responsible members of the community,
including a representative from the youth
sector, as well as representatives from
government
and
private
agencies
concerned with the welfare of children.
The local council shall serve as the
primary agency to coordinate with and
assist the LGU concerned for the adoption
of a comprehensive plan on delinquency
prevention, and to oversee its proper
implementation.
One percent (1%) of the internal revenue
allotment of barangays, municipalities and
cities shall be allocated for the
strengthening and implementation of the
programs of the LCPC: Provided, That the
disbursement of the fund shall be made
by the LGU concerned.
At all levels from the barangay levels up to
the highest level.
SEC. 16. Appointment of Local Social
Welfare and Development Officer. - All
LGUs shall appoint a duly licensed social
worker as its local social welfare and
development officer tasked to assist
children in conflict with the law.
SEC. 17. The Sangguniang Kabataan. The Sangguniang Kabataan (SK) shall
coordinate with the LCPC in the
formulation and implementation of juvenile
intervention and diversion programs in the
community.
67
SEC.
18.
Development
of
a
Comprehensive Juvenile Intervention
Program. - A Comprehensive juvenile
intervention program covering at least a 3year period shall be instituted in LGUs
from the barangay to the provincial level.
The LGUs shall set aside an amount

necessary to implement their respective
juvenile intervention programs in their
annual budget.
The LGUs, in coordination with the LCPC,
shall call on all sectors concerned,
particularly the child-focused institutions,
NGOs,
people's
organizations,
educational institutions and government
agencies
involved
in
delinquency
prevention to participate in the planning
process and implementation of juvenile
intervention programs. Such programs
shall be implemented consistent with the
national program formulated and designed
by the JJWC. The implementation of the
comprehensive
juvenile
intervention
program shall be reviewed and assessed
annually by the LGUs in coordination with
the LCPC. Results of the assessment
shall be submitted by the provincial and
city governments to the JJWC not later
than March 30 of every year.
SEC. 19. Community-based Programs on
Juvenile
Justice
and
Welfare.
Community-based programs on juvenile
justice and welfare shall be instituted by
the LGUs through the LCPC, school,
youth organizations and other concerned
agencies. The LGUs shall provide
community-based services which respond
to the special needs, problems, interests
and concerns of children and which offer
appropriate counseling and guidance to
them and their families. These programs
shall consist of three levels:
(a) Primary intervention includes general
measures to promote social justice and
equal opportunity, which tackle perceived
root causes of offending;
(b) Secondary intervention includes

measures to assist children at risk; and
(b) A barangay official or a member of the

Barangay Council for the Protection of
Children (BCPC);
(c)
Tertiary
intervention
includes
measures to avoid unnecessary contact
with the formal justice system and other
measures to prevent re-offending.
(c) A local social welfare and

development officer; or, when and where
appropriate, the DSWD.
TREATMENT OF CHILDREN BELOW

THE
AGE
OF
CRIMINAL
RESPONSIBILITY
SEC. 20. Children Below the Age of
Criminal Responsibility. If it has been
determined that the child taken into
custody is fifteen (15) years old or below,
the authority which will have an initial
contact with the child, in consultation with
the local social welfare and development
officer, has the duty to immediately
release the child to the custody of his/her
parents or guardian, or in the absence
thereof, the childs nearest relative. The
child shall be subjected to a communitybased intervention program supervised by
the local social welfare and development
officer, unless the best interest of the child
requires the referral of the child to a youth
care facility or Bahay Pag-asa managed
by LGUs or licensed and/or accredited
NGOs monitored by the DSWD.
The local social welfare and development
officer shall determine the appropriate
programs for the child who has been
released, in consultation with the child and
the person having custody over the child.
If the parents, guardians or nearest
relatives cannot be located, or if they
refuse to take custody, the child may be
released to any of the following:
68
(a) A duly registered nongovernmental or

religious organization;
If the child has been found by the local

social welfare and development officer to
be dependent, abandoned, neglected or
abused by his/her parents and the best
interest of the child requires that he/she
be placed in a youth care facility or Bahay
Pag-asa, the childs parents or guardians
shall execute a written authorization for
the voluntary commitment of the child:
Provided, That if the child has no parents
or guardians or if they refuse or fail to
execute the written authorization for
voluntary commitment, the proper petition
for involuntary commitment shall be
immediately filed by the DSWD or the
Local Social Welfare and Development
Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise
known as The Child and Youth Welfare
Code and the Supreme Court rule on
commitment of children: Provided, further,
That the minimum age for children
committed to a youth care facility or
Bahay Pag-asa shall be twelve (12)
years old.
[REPUBLIC ACT NO. 10630]

AN
ACT
STRENGTHENING
THE
JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9344,
OTHERWISE
KNOWN
AS
THE
JUVENILE JUSTICE AND WELFARE
ACT OF 2006 AND APPROPRIATING
FUNDS THEREFOR
SEC. 20-A. Serious Crimes Committed

by Children Who Are Exempt From
Criminal Responsibility. A child who is
above twelve (12) years of age up to
fifteen (15) years of age and who commits
parricide, murder, infanticide, kidnapping
and serious illegal detention where the
victim is killed or raped, robbery, with
homicide or rape, destructive arson, rape,
or carnapping where the driver or
occupant is killed or raped or offenses
under
Republic
Act
No.
9165
(Comprehensive Dangerous Drugs Act of
2002) punishable by more than twelve
(12) years of imprisonment, shall be
deemed a neglected child under
Presidential Decree No. 603, as
amended, and shall be mandatorily placed
in a special facility within the youth care
faculty or Bahay Pag-asa called the
Intensive Juvenile Intervention and
Support Center (IJISC).
This means that those children who
committed heinous crimes but are
exempt.
What crimes were specifically mentioned
by the this provision?
parricide, murder, infanticide,
kidnapping and serious illegal detention
where the victim is killed or raped,
robbery,
with
homicide
or
rape,
destructive arson, rape, or carnapping
where the driver or occupant is killed or
raped or offenses under Republic Act No.
9165 (Comprehensive Dangerous Drugs
Act of 2002) punishable by more than
twelve (12) years of imprisonment.
69
In accordance with existing laws, rules,

procedures and guidelines, the proper
petition for involuntary commitment and
placement under the IJISC shall be filed
by the local social welfare and
development officer of the LGU where the
offense was committed, or by the DSWD

social worker in the local social welfare
and development officers absence, within
twenty-four (24) hours from the time of the
receipt of a report on the alleged
commission of said child. The court,
where the petition for involuntary
commitment has been filed shall decide
on the petition within seventy-two (72)
hours from the time the said petition has
been filed by the DSWD/LSWDO. The
court will determine the initial period of
placement of the child within the IJISC
which shall not be less than one (1) year.
The multi-disciplinary team of the IJISC
will submit to the court a case study and
progress report, to include a psychiatric
evaluation report and recommend the
reintegration of the child to his/her family
or the extension of the placement under
the IJISC. The multi-disciplinary team will
also submit a report to the court on the
services extended to the parents and
family of the child and the compliance of
the parents in the intervention program.
The court will decide whether the child
has successfully completed the centerbased intervention program and is already
prepared to be reintegrated with his/her
family or if there is a need for the
continuation
of
the
center-based
rehabilitation of the child. The court will
determine the next period of assessment
or hearing on the commitment of the
child.
SEC. 20-B. Repetition of Offenses. A
child who is above twelve (12) years of
age up to fifteen (15) years of age and
who commits an offense for the second
time or oftener: Provided, That the child
was previously subjected to a communitybased intervention program, shall be
deemed a neglected child under
Presidential Decree No. 603, as
amended, and shall undergo an intensive
intervention program supervised by the

local social welfare and development
officer: Provided, further, That, if the best
interest of the child requires that he/she
be placed in a youth care facility or Bahay
Pag-asa, the childs parents or guardians
shall execute a written authorization for
the voluntary commitment of the child:
Provided, finally, That if the child has no
parents or guardians or if they refuse or
fail to execute the written authorization for
voluntary commitment, the proper petition
for involuntary commitment shall be
immediately filed by the DSWD or the
LSWDO pursuant to Presidential Decree
No. 603, as amended.
Even if the child did not commit a heinous
crime as long as he is a repeat offender.
This said child shall forwarded to the
Bahay Pag-Asa.
SEC. 20-C. Exploitation of Children for
Commission of Crimes. Any person
who, in the commission of a crime, makes
use, takes advantage of, or profits from
the use of children, including any person
who abuses his/her authority over the
child or who, with abuse of confidence,
takes advantage of the vulnerabilities of
the child and shall induce, threaten or
instigate the commission of the crime,
shall be imposed the penalty prescribed
by law for the crime committed in its
maximum period.
This is the penalty to be imposed for those
adults who shall use minors for the
commission of a crime. The penalty shall
be imposed in the maximum period.
70
SEC. 20-D. Joint Parental Responsibility.

Based on the recommendation of the
multi-disciplinary team of the IJISC, the
LSWDO or the DSWD, the court may
require the parents of a child in conflict
with the law to undergo counseling or any

other intervention that, in the opinion of
the court, would advance the welfare and
best interest of the child.
As used in this Act, parents shall mean
any of the following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the
child.
A court exercising jurisdiction over a child
in conflict with the law may require the
attendance of one or both parents of the
child at the place where the proceedings
are to be conducted.
The parents shall be liable for damages
unless they prove, to the satisfaction of
the court, that they were exercising
reasonable supervision over the child at
the time the child committed the offense
and exerted reasonable effort and utmost
diligence to prevent or discourage the
child from committing another offense.
In this case, the child should not be the
only one who will undergo counselling but
as well as the parents.
PD 603 Child and Youth Welfare Code,
Art 59, last par parents who allow minor
children to drive or secure license even
though not qualified shall be held liable for
Child Abuse.
The provision above (Sec. 59, PD 603)
was adopted in Section 10 of RA 7610.
SEC. 20-E. Assistance to Victims of
Offenses Committed by Children. The
victim of the offense committed by a child
and the victims family shall be provided

the
appropriate
assistance
and
psychological intervention by the LSWDO,
the DSWD and other concerned
agencies.
SEC. 21. Procedure for Taking the Child
into Custody. - From the moment a child is
taken into custody, the law enforcement
officer shall:
(g) Avoid violence or unnecessary force;
(a) Explain to the child in simple language

and in a dialect that he/she can
understand why he/she is being placed
under custody and the offense that he/she
allegedly committed;
(i) Immediately but not later than eight (8)

hours after apprehension, turn over
custody of the child to the Social Welfare
and Development Office or other
accredited NGOs, and notify the child's
apprehension. The social welfare and
development officer shall explain to the
child and the child's parents/guardians the
consequences of the child's act with a
view
towards
counseling
and
rehabilitation, diversion from the criminal
justice system, and reparation, if
appropriate;
Can a child be arrested?

years of age and below, he must be
released immediately to the DSWD or the
parents.
(b) Inform the child of the reason for such
custody and advise the child of his/her
constitutional rights in a language or
dialect understood by him/her;
(e) Properly identify himself/herself and
present proper identification to the child;
(d) Refrain from using vulgar or profane
words and from sexually harassing or
abusing, or making sexual advances on
the child in conflict with the law;
71
(f) Refrain from subjecting the child in

conflict with the law to greater restraint
than
is
necessary
for
his/her
apprehension;
(e) Avoid displaying or using any firearm,

weapon, handcuffs or other instruments of
force or restraint, unless absolutely
necessary and only after all other
methods of control have been exhausted
and have failed;
The law enforcer when dealing with the
child shall avoid the use of handcuffs
unless when absolutely necessary.
(h) Determine the age of the child

pursuant to Section 7 of this Act;
(j) Take the child immediately to the

proper medical and health officer for a
thorough
physical
and
mental
examination. The examination results
shall be kept confidential unless otherwise
ordered by the Family Court. Whenever
the medical treatment is required, steps
shall be immediately undertaken to
provide the same;
(k) Ensure that should detention of the
child in conflict with the law be necessary,
the child shall be secured in quarters
separate from that of the opposite sex and
adult offenders;
(l) Record the following in the initial
investigation:
1. Whether handcuffs or other instruments
of restraint were used, and if so, the
reason for such;
2. That the parents or guardian of a child,

the DSWD, and the PA0 have been
informed of the apprehension and the
details thereof; and
3. The exhaustion of measures to
determine the age of a child and the
precise details of the physical and medical
examination or the failure to submit a child
to such examination; and
(m) Ensure that all statements signed by
the child during investigation shall be
witnessed by the child's parents or
guardian, social worker, or legal counsel
in attendance who shall affix his/her
signature to the said statement.
A child in conflict with the law shall only be
searched by a law enforcement officer of
the same gender and shall not be locked
up in a detention cell.
SEC.
22.
Duties
During
Initial
Investigation. The law enforcement
officer shall, in his/her investigation,
determine where the case involving the
child in conflict with the law should be
referred.
72
The taking of the statement of the child

shall be conducted in the presence of the
following: (1) childs counsel of choice or
in the absence thereof, a lawyer from the
Public Attorneys Office; (2) the childs
parents, guardian, or nearest relative, as
the case may be; and (3) the local social
welfare and development officer. In the
absence of the childs parents, guardian,
or nearest relative, and the local social
welfare and development officer, the
investigation shall be conducted in the
presence of a representative of an NGO,
religious group, or member of the BCPC.
When the child has been caught, and if

found out to be 15 years old and below,
shall be forwarded to the DSWD for
assessment.
The social worker shall conduct an initial
assessment to determine the appropriate
interventions and whether the child acted
with discernment, using the discernment
assessment tools developed by the
DSWD.
The initial assessment shall be without
prejudice to the preparation of a more
comprehensive case study report. The
local social worker shall do either of the
following:
(a) Proceed in accordance with Section
20 if the child is fifteen (15) years or below
or above fifteen (15) but below eighteen
(18) years old, who acted without
discernment; and
(b) If the child is above fifteen (15) years
old but below eighteen (18) and who
acted with discernment, proceed to
diversion under the following chapter.
SEC. 23. System of Diversion. - Children
in conflict with the law shall undergo
diversion programs without undergoing
court proceedings subject to the
conditions herein provided:
(a) Where the imposable penalty for the
crime committee is not more than six (6)
years imprisonment, the law enforcement
officer or Punong Barangay with the
assistance of the local social welfare and
development officer or other members of
the LCPC shall conduct mediation, family
conferencing and conciliation and, where
appropriate, adopt indigenous modes of
conflict resolution in accordance with the
best interest of the child with a view to
accomplishing the objectives of restorative

justice and the formulation of a diversion
program. The child and his/her family shall
be present in these activities.
If the crime committed has an imposable
penalty of not more than 6 years,
diversion shall be mandatory and shall be
conducted by the law enforcement officer
or Punong Barangay with the assistance
of the local social welfare and
development officer or other members of
the LCPC.
(b) In victimless crimes where the
imposable penalty is not more than six (6)
years imprisonment, the local social
welfare and development officer shall
meet with the child and his/her parents or
guardians for the development of the
appropriate diversion and rehabilitation
program, in coordination with the BCPC;
(c) Where the imposable penalty for the
crime committed exceeds six (6) years
imprisonment, diversion measures may be
resorted to only by the court.
But if the imposable penalty of the crime
committed exceeds 6 years then only the
court can initiate diversion.
REMEMBER: Diversion shall apply to
child in conflict with the law who are 15
below 18 years of age who acted with
discernment. And this process happens at
all levels which means that from the initial
contact of the police enforcers, there
should already be diversion.
73
SEC. 24. Stages Where Diversion May be

Conducted. - Diversion may be conducted
at the Katarungang Pambarangay, the
police investigation or the inquest or
preliminary investigation stage and at all
levels and phases of the proceedings

including judicial level.
There is still diversion. Social worker is
available in the court. Court has own
social worker.
After diversion, there shall be diversion
program.
SEC. 24. Stages Where Diversion May be
Conducted. - Diversion may be conducted
at the Katarungang Pambarangay, the
police investigation or the inquest or
preliminary investigation stage and at all
1evels and phases of the proceedings
including judicial level.
SEC. 25. Conferencing, Mediation and
Conciliation. - A child in conflict with law
may undergo conferencing, mediation or
conciliation outside the criminal justice
system or prior to his entry into said
system. A contract of diversion may be
entered into during such conferencing,
mediation or conciliation proceedings.
SEC. 26. Contract of Diversion. - If during
the
conferencing,
mediation
or
conciliation, the child voluntarily admits
the commission of the act, a diversion
program shall be developed when
appropriate and desirable as determined
under Section 30. Such admission shall
not be used against the child in any
subsequent judicial, quasi-judicial or
administrative proceedings. The diversion
program shall be effective and binding if
accepted by the parties concerned. The
acceptance shall be in writing and signed
by the parties concerned and the
appropriate authorities. The local social
welfare and development officer shall
supervise the implementation of the
diversion
program.
The
diversion
proceedings shall be completed within
forty-five (45) days. The period of
prescription of the offense shall be

suspended until the completion of the
diversion proceedings but not to exceed
forty-five (45) days.
The child shall present himself/herself to
the competent authorities that imposed
the diversion program at least once a
month for reporting and evaluation of the
effectiveness of the program.
Failure to comply with the terms and
conditions of the contract of diversion, as
certified by the local social welfare and
development officer, shall give the
offended party the option to institute the
appropriate legal action.
The period of prescription of the offense
shall be suspended during the effectivity
of the diversion program, but not
exceeding a period of two (2) years.
Admission of child during conference is
inadmissible.
What happens if the child will not admit
the crime? Or the child will not admit the
crime but the private complainant will
oppose? Or if the private complainant will
admit and the parents will agree to pay
the former but was not able to pay?
The proceedings shall continue, the
minor shall be subjected to trial.
Diversion is NOT compulsory if there is an
agreement made by the parties but was
not able to make good or do what was
agreed upon.
74
SEC. 27. Duty of the Punong Barangay

When There is No Diversion. - If the
offense does not fall under Section 23(a)
and (b), or if the child, his/her parents or
guardian does not consent to a diversion,
the Punong Barangay handling the case
shall, within three (3) days from

determination of the absence of
jurisdiction over the case or termination of
the diversion proceedings, as the case
may be, forward the records of the case of
the child to the law enforcement officer,
prosecutor or the appropriate court, as the
case may be. Upon the issuance of the
corresponding document, certifying to the
fact that no agreement has been reached
by the parties, the case shall be filed
according to the regular process.
SEC. 28. Duty of the Law Enforcement
Officer When There is No Diversion. - If
the offense does not fall under Section
23(a) and (b), or if the child, his/her
parents or guardian does not consent to a
diversion, the Women and Children
Protection Desk of the PNP, or other law
enforcement officer handling the case of
the child under custody, to the prosecutor
or judge concerned for the conduct of
inquest and/or preliminary investigation to
determine whether or not the child should
remain
under
custody
and
correspondingly charged in court. The
document transmitting said records shall
display the word "CHILD" in bold letters.
If still in the police enforcement level and
there is no agreement achieved upon by
the parties regarding diversion then the
police officers shall file the case before
the prosecutors office.
SEC. 29. Factors in Determining Diversion
Program. - In determining whether
diversion is appropriate and desirable, the
following factors shall be taken into
consideration:
(a) The nature and circumstances of the
offense charged;
(b) The frequency and the severity of the

act;
(c) The circumstances of the child (e.g.
age, maturity, intelligence, etc.);
the different stages where diversion may

be resorted to, the following diversion
programs may be agreed upon, such as,
but not limited to:
(a) At the level of the Punong Barangay:
(d) The influence of the family and

environment on the growth of the child;
(1) Restitution of property;
(e) The reparation of injury to the victim;
(2) Reparation of the damage caused;
(f) The weight of the evidence against the

child;
(3) Indemnification
damages;
(g) The safety of the community; and
(4) Written or oral apology;
(h) The best interest of the child.
(5) Care,
orders;
SEC. 30. Formulation of the Diversion

Program. - In formulating a diversion
program, the individual characteristics and
the peculiar circumstances of the child in
conflict with the law shall be used to
formulate an individualized treatment.
The following factors shall be considered
in formulating a diversion program for the
child:
(a) The child's feelings of remorse for the
offense he/she committed;
(b) The parents' or legal guardians' ability
to guide and supervise the child;
(c) The victim's view about the propriety of
the measures to be imposed; and
(d) The availability of community-based
programs
for
rehabilitation
and
reintegration of the child.
75
SEC. 31. Kinds of Diversion Programs. The diversion program shall include
adequate socio-cultural and psychological
responses and services for the child. At
for
guidance
consequential
and
supervision
(6) Counseling for the child in conflict with

the law and the child's family;
(7)Attendance in trainings, seminars and
lectures on:
(i) anger management skills;
(ii) problem solving
resolution skills;
and/or
conflict
(iii) values formation; and

(iv) other skills which will aid the child in
dealing with situations which can lead to
repetition of the offense;
(8) Participation in available communitybased programs, including community
service; or
(9) Participation in education, vocation
and life skills programs.
(b) At the level of the law enforcement
officer and the prosecutor:
(1) Diversion programs specified under

paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the
proceeds or instruments of the crime;
Upon serving the subpoena and the

affidavit of complaint, the prosecutor shall
notify the Public Attorneys Office of such
service, as well as the personal
information, and place of detention of the
(c) At the level of the appropriate court:

(1) Diversion programs specified under
paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of
proceedings; or
the
cost
of
the
SEC. 34. Bail. - For purposes of

recommending the amount of bail, the
privileged mitigating circumstance of
minority shall be considered.
SEC. 32. Duty of the Prosecutor's Office. There shall be a specially trained
prosecutor to conduct inquest, preliminary
investigation and prosecution of cases
involving a child in conflict with the law. If
there is an allegation of torture or illtreatment of a child in conflict with the law
during arrest or detention, it shall be the
duty of the prosecutor to investigate the
same.
The bail, the basis of which shall be the

maximum penalty imposed, shall be:
(5) Institutional care and custody.
76
Upon determination of probable cause by

the prosecutor, the information against the
child shall be filed before the Family Court
within forty-five (45) days from the start of
the
preliminary
investigation.
The
information must allege that the child
acted with discernment.
SEC. 33. Preliminary Investigation and

Filing of Information. The prosecutor
shall conduct a preliminary investigation in
the following instances: (a) when the child
in conflict with the law does not qualify for
diversion; (b) when the child, his/her
parents or guardian does not agree to
diversion as specified in Sections 27 and
28; and (c) when considering the
assessment and recommendation of the
social worker, the prosecutor determines
that diversion is not appropriate for the
If not drugs it shall be P2,000.00 per

year of imprisonment.
If drugs it shall be P10,000.00 per year
of imprisonment.
Example: If the crime is homicide, the
maximum penalty is 20 years times P2,
000.00 equals to the bail amount of
P40,000.00. But then he is a minor, so
entitled of 1 degree lower penalty, so the
new maximum penalty is prision mayor
which is 12 years old times P2,000.00
equals to bail amount of P24,000.00. That
is if he is convicted.
SEC. 35. Release on Recognizance. Where a child is detained, the court shall
order:
(a) the release of the minor on
recognizance to his/her parents and other
suitable person;
(b) the release of the child in conflict with

the law on bail; or
(c) the transfer of the minor to a youth
detention
home/youth
rehabilitation
center.
The court shall not order the detention of
a child in a jail pending trial or hearing of
his/her case.
It may be possible that instead of bail, the
child
shall
be
released
through
recognizance and the parents shall make
an undertaking to bring the child to court
whenever his presence is required or the
child may be transferred to a rehabilitation
center such as Bahay Pag-asa.
DETENTION should be the last recourse
but not in jail, rather only in Bahay Pagasa.
SEC. 36. Detention of the Child Pending
Trial. - Children detained pending trial
may be released on bail or recognizance
as provided for under Sections 34 and 35
under this Act. In all other cases and
whenever possible, detention pending trial
may be replaced by alternative measures,
such as close supervision, intensive care
or placement with a family or in an
educational
setting
or
home.
Institutionalization or detention of the child
pending trial shall be used only as a
measure of last resort and for the shortest
possible period of time.
77
Whenever detention is necessary, a child

will always be detained in youth detention
homes established by local governments,
pursuant to Section 8 of the Family Courts
Act, in the city or municipality where the
child resides.
In the absence of a youth detention home,

the child in conflict with the law may be
committed to the care of the DSWD or a
local rehabilitation center recognized by
the government in the province, city or
municipality within the jurisdiction of the
court. The center or agency concerned
shall be responsible for the child's
appearance in court whenever required.
SEC. 37. Diversion Measures. - Where
the maximum penalty imposed by law for
the offense with which the child in conflict
with the law is charged is imprisonment of
not more than twelve (12) years,
regardless of the fine or fine alone
regardless of the amount, and before
arraignment of the child in conflict with the
law, the court shall determine whether or
not diversion is appropriate.
SEC. 38. Automatic Suspension of
Sentence. - Once the child who is under
eighteen (18) years of age at the time of
the commission of the offense is found
guilty of the offense charged, the court
shall determine and ascertain any civil
liability which may have resulted from the
offense committed. However, instead of
pronouncing the judgment of conviction,
the court shall place the child in conflict
with the law under suspended sentence,
without need of application: Provided,
however, That suspension of sentence
shall still be applied even if the juvenile is
already eighteen years (18) of age or
more at the time of the pronouncement of
his/her guilt.
The term or more means that the
accused may still avail of suspension of
sentence if at the time of the promulgation
of sentence, he is not more than 21 years
of age. (PP vs Padua 10/9/09.)
Upon suspension of sentence and after

considering the various circumstances of
the child, the court shall impose the
appropriate disposition measures as
provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
Diversion is not compulsory, if the child
does not agree, he will not be compelled,
so with the parents and so with the victim.
In this case, Diversion is voluntary.
SEC. 38.
Sentence
Automatic
Suspension
of
After the trial, if the court finds that the

child in conflict with the law to be
criminally liable, the court shall impose the
proper sentence and shall promulgate the
sentence but the said service of sentence
shall be suspended if at the time of the
promulgation, he is still 21 years old.
VERY IMPORTANT
Automatic suspension
sentence.
of
service
of
Point of reference is the TIME OF

COMMISSION of the offense. The person
or accused is a minor, at the time of the
commission of the offense, then he is
entitled to suspension of service of
sentence provided at the time of
promulgation, he is still 21 years old.
What does automatic mean?
No need for the minor to apply
suspension of sentence. Different from
probation. Probation has to be applied.
78
In suspension of sentence, the court will

automatically suspend your service of
sentence and automatically send the child
to a rehabilitation center. The Court will
also provide for a period.
The said child will be subjected to monthly

assessment of his behaviour inside the
rehabilitation center. If offender has
reformed, case will be dismissed. Or if he
is already convicted but if the
recommendation of the rehabilitation
center is favourable, then case shall be
dismissed as if the minor has not
committed any crime. Record is
considered confidential.
Supposed if recommendation is not
favourable to the minor? Incorrigible?
Incorrigible
means
he
gives
headaches or creates trouble within the
rehabilitation center.
Returned to the court and be
directed to serve the sentence. He can
still apply for probation if the penalty is not
more than 6 years of imprisonment.
Is suspension service of sentence carries
with it suspension of civil liability?
No. he has to pay civil liability.
Does it apply to heinous crime cases?
Suspended service of sentence
applies to crimes punishable by reclusion
perpetua or life sentence meaning even in
heinous crimes, it will apply. PP vs Sarcia
9/10/09
SEC. 39. Discharge of the Child in Conflict
with the Law. - Upon the recommendation
of the social worker who has custody of
the child, the court shall dismiss the case
against the child whose sentence has
been suspended and against whom
disposition measures have been issued,
and shall order the final discharge of the
child if it finds that the objective of the
disposition measures have been fulfilled.
In other words, the rehabilitation center
shall be required by the court to make a
monthly report to the court of the progress

of the rehabilitation of the child.
the maximum age of twenty-one (21)

years.
The discharge of the child in conflict with

the law shall not affect the civil liability
resulting from the commission of the
offense, which shall be enforced in
accordance with law.
If
the
recommendation
of
the
Rehabilitation Center is unfavourable to
the child, the said child will be returned to
court for service of his sentence. But
under Section 42, he may apply for
probation if his penalty is probationable.
Period will not apply, the law says

ANYTIME. He can apply for probation
anytime. Unlike, in the ordinary period of
15 days to apply probation.
What about if the offender was still a
minor at the time he committed the
offense, but at the time of promulgation,
he is above 21 years old?
Automatic suspension does not
apply.
Period he has stayed in the rehab center
shall be deducted in his sentence under
Sec 41.
SEC. 40. Return of the Child in Conflict
with the Law to Court. - If the court finds
that the objective of the disposition
measures imposed upon the child in
conflict with the law have not been
fulfilled, or if the child in conflict with the
law has willfully failed to comply with the
conditions of his/her disposition or
rehabilitation program, the child in conflict
with the law shall be brought before the
court for execution of judgment.
79
If said child in conflict with the law has

reached eighteen (18) years of age while
under suspended sentence, the court
shall determine whether to discharge the
child in accordance with this Act, to order
execution of sentence, or to extend the
suspended sentence for a certain
specified period or until the child reaches
SEC. 41. Credit in Service of Sentence. The child in conflict with the law shall be
credited in the services of his/her
sentence with the full time spent in actual
commitment and detention under this Act.
SEC. 42. Probation as an Alternative to
Imprisonment. - The court may, after it
shall have convicted and sentenced a
child in conflict with the law, and upon
application at any time, place the child on
probation in lieu of service of his/her
sentence taking into account the best
interest of the child. For this purpose,
Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of
1976", is hereby amended accordingly.
The court may, after it shall have
convicted and sentenced a child in conflict
with the law, and upon application at any
time, place the child on probation in lieu of
service of his/her sentence.
Anytime, not the same 15 days for
purposes of the minor and will not apply to
adults. Remember Sec. 70 of 9165, he
can apply for probation even if the
sentence is above 6 years as long as he
is still a minor when he applied. But this
provision will not apply when at the time of
promulgation he is no longer a minor.
What about if the offender is still a minor
at the time of the commission of the
offense but at the time of the
promulgation, he is already over 21 years

of age?
Then he has to serve his sentence
but he may still apply for probation if his
sentence is probationable.
What about if the sentence imposed is
over 6 years?
He can no longer apply for
probation. He must serve his sentence,
however, instead of placing him in a
regular jail, he shall be placed in a socalled Agricultural Camp, which should
be maintained by the DSWD.
It is similar to a colony, its like a
farm wherein the persons imprisoned are
taught to farm or raise livestock. This is in
preparation for their re-integration to the
community.
SEC. 43. Confedentiality of Records and
Proceedings.
All
records
and
proceedings involving children in conflict
with the law from initial contact until final
disposition of the case shall be considered
privileged and confidential. The public
shall be excluded during the proceedings
and the records shall not be disclosed
directly or indirectly to anyone by any of
the parties or the participants in the
proceedings for any purpose whatsoever,
except to determine if the child in conflict
with the law may have his/hes sentence
suspended or if he/she may be granted
probation under the Probation Law, or to
enforce the civil liability imposed in the
criminal action.
80
The
component
authorities
shall
undertake all measures to protect this
confidentiality of proceedings, including
non-disclosure of records to the media,
maintaining a separate police blotter for
cases involving children in conflict with the
law and adopting a system of coding to
conceal material information which will
lead to the child's identity. Records of a

child in conflict with the law shall not be
used in subsequent proceedings for cases
involving the same offender as an adult,
except when beneficial for the offender
and upon his/her written consent.
A person who has been in conflict with the
law as a child shall not be held under any
provision of law, to be guilty of perjury or
of concealment or misrepresentation by
reason of his/her failure to acknowledge
the case or recite any fact related thereto
in response to any inquiry made to
him/her for any purpose.
The records of the minor are confidential
including a separate police blotter for
minors which cannot be accessed by
media men.
He cannot be held. Look at the last
paragraph of Sec. 43. He cannot be held
liable for perjury, except for the purpose is
to determine whether or not he had
enjoyed suspended sentence.
SEC. 44. Objective of Rehabilitation and
Reintegration. - The objective of
rehabilitation and reintegration of children
in conflict with the law is to provide them
with interventions, approaches and
strategies that will enable them to improve
their social functioning with the end goal
of reintegration to their families and as
productive members of their communities.
SEC. 45. Court Order Required. - No child
shall be received in any rehabilitation or
training facility without a valid order issued
by the court after a hearing for the
purpose. The details of this order shall be
immediately entered in a register
exclusively for children in conflict with the
law. No child shall be admitted in any
facility where there is no such register.
SEC. 46, Separate Facilities from Adults. In all rehabilitation or training facilities, it
shall be mandatory that children shall be
separated from adults unless they are
members of the same family. Under no
other circumstance shall a child in conflict
with the law be placed in the same
confinement as adults.
The rehabilitation, training or confinement
area of children in conflict with the law
shall provide a home environment where
children in conflict with the law can be
provided with quality counseling and
treatment.
Children should be separated from adults
so that the minors wont be influenced by
the adults unless they are members of the
same family. Female shall be separated
from male children as well.
SEC. 47. Female Children. - Female
children in conflict with the law placed in
an institution shall be given special
attention as to their personal needs and
problems. They shall be handled by
female doctors, correction officers and
social
workers,
and
shall
be
accommodated separately from male
children in conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No
personnel of rehabilitation and training
facilities shall handle children in conflict
with the law without having undergone
gender sensitivity training.
81
SEC. 49. Establishment of Bahay PagAsa. Each province and highlyurbanized city (the LGUs) shall be
responsible for building, funding and
operating a Bahay Pag-asa within their
jurisdiction following the standards that
will be set by the DSWD and adopted by

the JJWC.
Every Bahay Pag-asa will have a special
facility called the IJISC. This Center will
be allocated for children in conflict with the
law in accordance with Sections 20, 20-A
and 20-B hereof. These children will be
required to undergo a more intensive
multi-disciplinary intervention program.
The JJWC in partnership with, but not
limited to, the DSWD, the DOH, the
DepED and the DILG, will develop and set
the standards for the implementation of
the multi-disciplinary intervention program
of the IJISC. Upon institutionalization of
the IJISC program, the JJWC will continue
to monitor and provide technical
assistance to the multi-disciplinary teams
operating the said centers.
Establishment of Bahay Pag-asa. Cebu
has one named, Operation Second
Chance.
SEC. 50. Care and Maintenance of the
Child in Conflict with the Law. x x x
The LGUs expected expenditures on the
local juvenile intervention program for
children at risk and children in conflict with
the law shall be included in the LGUs
annual budget. Highly-urbanized cities
and provincial governments should
include a separate budget for the
construction and maintenance of the
Bahay Pag-asa including the operation of
the IJISC within the Bahay Pag-asa.
If the parents can afford the care and
maintenance then they shall pay for it but
in default it will be the government.
SEC. 51. Confinement of Convicted
Children in Agricultural Camps and other
Training Facilities. - A child
in conflict with the law may, after

conviction and upon order of the court, be
made to serve his/her sentence, in lieu of
confinement in a regular penal institution,
in an agricultural camp and other training
facilities that may be established,
maintained, supervised and controlled by
the BUCOR, in coordination with the
DSWD.
PP vs Hobilla 11/26/14 re: suspension
of sentence.
This law will not apply to a person who
over 18 even if demented or mental age is
equal to that of a child. PP vs Rojas
6/4/14.
guardians, relatives or any other

responsible person in the community.
Under the supervision and guidance of the
local social welfare and development
officer, and in coordination with his/her
parents/guardian, the child in conflict with
the law shall participate in communitybased programs, which shall include, but
not limited to:
(1)
Competency
development;
and
life
skills
(2)
Socio-cultural
activities;
and
recreational
(3) Community volunteer projects;

(4) Leadership training;
SEC. 51. Confinement of Convicted

Children in Agricultural Camps and other
Training Facilities. - A child
(5) Social services;

(6) Homelife services;
in conflict with the law may, after

conviction and upon order of the court, be
made to serve his/her sentence, in lieu of
confinement in a regular penal institution,
in an agricultural camp and other training
facilities that may be established,
maintained, supervised and controlled by
the BUCOR, in coordination with the
DSWD.
82
SEC. 52. Rehabilitation of Children in

Conflict with the Law. - Children in conflict
with the law, whose sentences are
suspended may, upon order of the court,
undergo any or a combination of
disposition measures best suited to the
rehabilitation and welfare of the child as
provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
If the community-based rehabilitation is
availed of by a child in conflict with the
law, he/she shall be released to parents,
(7) Health services; .

(8) Spiritual enrichment; and
(9) Community
services.
and
family
welfare
In accordance therewith, the family of the

child in conflict with the law shall endeavor
to actively participate in the communitybased rehabilitation.
Based on the progress of the youth in the
community, a final report will be forwarded
by the local social welfare and
development officer to the court for final
disposition of the case.
If the community-based programs are
provided as diversion measures under
Chapter II, Title V, the programs
enumerated above shall be made
available to the child in conflict with the

law.
SEC. 53. Youth Rehabilitation Center. The youth rehabilitation center shall
provide 24-hour group care, treatment and
rehabilitation services under the guidance
of a trained staff where residents are
cared for under a structured therapeutic
environment with the end view of
reintegrating them in their families and
communities as socially functioning
individuals. A quarterly report shall be
submitted by the center to the proper
court on the progress of the children in
conflict with the law. Based on the
progress of the youth in the center, a final
report will be forwarded to the court for
final disposition of the case. The DSWD
shall establish youth rehabilitation centers
in each region of the country.
SEC. 54. Objectives of Community Based
Programs. - The objectives of communitybased programs are as follows:
(a) Prevent disruption in the education or
means of livelihood of the child in conflict
with the law in case he/she is studying,
working or attending vocational learning
institutions;
(b) Prevent separation of the child in
conflict with the law from his/her
parents/guardians to maintain the support
system fostered by their relationship and
to create greater awareness of their
mutual and reciprocal responsibilities;
83
(c) Facilitate the rehabilitation and

mainstreaming of the child in conflict with
the law and encourage community
support and involvement; and
(d) Minimize the stigma that attaches to

the child in conflict with the law by
preventing jail detention.
SEC. 55. Criteria of Community-Based
Programs. - Every LGU shall establish
community-based programs that will focus
on the rehabilitation and reintegration of
the child. All programs shall meet the
criteria to be established by the JJWC
which shall take into account the purpose
of the program, the need for the consent
of the child and his/her parents or legal
guardians, and the participation of the
child-centered agencies whether public or
private.
SEC. 56. After-Care Support Services for
Children in Conflict with the Law. Children in conflict with the law whose
cases have been dismissed by the proper
court because of good behavior as per
recommendation of the DSWD social
worker and/or any accredited NGO youth
rehabilitation center shall be provided
after-care services by the local social
welfare and development officer for a
period of at least six (6) months. The
service includes counseling and other
community-based services designed to
facilitate social reintegration, prevent reoffending and make the children
productive members of the community.
The child shall be taught with skills
needed for his reintegration to the
community.
SEC. 57. Status Offenses. Any conduct
not considered an offense or not
penalized if committed by an adult shall
not be considered an offense and shall
not be punished if committed by a child.
SEC.
57-A.
Violations
of
Local
Ordinances. Ordinances enacted by
local governments concerning juvenile

status offenses such as, but not limited to,
curfew violations, truancy, parental
disobedience, anti-smoking and antidrinking laws, as well as light offenses
and misdemeanors against public order or
safety such as, but not limited to,
disorderly conduct, public scandal,
harassment,
drunkenness,
public
intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public
urination, and trespassing, shall be for the
protection of children. No penalty shall be
imposed on children for said violations,
and they shall instead be brought to their
residence or to any barangay official at
the barangay hall to be released to the
custody of their parents. Appropriate
intervention programs shall be provided
for in such ordinances. The child shall
also be recorded as a child at risk and
not as a child in conflict with the law. The
ordinance
shall
also
provide
for
intervention
programs,
such
as
counseling, attendance in group activities
for children, and for the parents,
attendance
in
parenting
education
seminars.
84
SEC. 58. Offenses Not Applicable to

Children. - Persons below eighteen (18)
years of age shall be exempt from
prosecution for the crime of vagrancy and
prostitution under Section 202 of the
Revised Penal Code, of mendicancy
under Presidential Decree No. 1563, and
sniffing of rugby under Presidential
Decree No. 1619, such prosecution being
inconsistent with the United Nations
Convention on the Rights of the Child:
Provided, That said persons shall undergo
appropriate counseling and treatment
program.
SEC. 58. Offenses Not Applicable to

Children. - Persons below eighteen (18)
years of age shall be exempt from
prosecution for the crime of vagrancy and
prostitution under Section 202 of the
Revised Penal Code, of mendicancy
under Presidential Decree No. 1563, and
sniffing of rugby under Presidential
Decree No. 1619, such prosecution being
inconsistent with the United Nations
Convention on the Rights of the Child:
Provided, That said persons shall undergo
appropriate counseling and treatment
program.
Prostitution, you cannot charge a child
with this crime.
Sniffing rugby. this is not covered by PD
1619 and not covered by RA 9165.
SEC. 59. Exemption from the Application
of Death Penalty. - The provisions of the
Revised Penal Code, as amended,
Republic Act No. 9165, otherwise known
as the Comprehensive Dangerous Drugs
Act of 2002, and other special laws
notwithstanding, no death penalty shall be
imposed upon children in conflict with the
law.
SEC. 60. Prohibition Against Labeling and
Shaming. - In the conduct of the
proceedings beginning from the initial
contact with the child, the competent
authorities must refrain from branding or
labeling children as young criminals,
juvenile
delinquents,
prostitutes
or
attaching to them in any manner any other
derogatory
names.
Likewise,
no
discriminatory remarks and practices shall
be allowed particularly with respect to the
child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The

following and any other similar acts shall
be considered prejudicial and detrimental
to the psychological, emotional, social,
spiritual, moral and physical health and
well-being of the child in conflict with the
law and therefore, prohibited:
or employee, he/she shall, in addition

to such fine and/or imprisonment, be
held administratively liable and shall
suffer the penalty of perpetual absolute
disqualification.//LM Aug16.
(a) Employment of threats of whatever

kind and nature;
(b) Employment of abusive, coercive and
punitive measures such as cursing,
beating,
stripping,
and
solitary
confinement;
(c) Employment of degrading, inhuman
end cruel forms of punishment such as
shaving the heads, pouring irritating,
corrosive or harmful substances over the
body of the child in conflict with the law, or
forcing him/her to walk around the
community
wearing
signs
which
embarrass, humiliate, and degrade his/her
personality and dignity; and
(d) Compelling the child to perform
involuntary servitude in any and all forms
under any and all instances.
85
SEC. 62. Violation of the Provisions of this

Act or Rules or Regulations in General. Any person who violates any provision of
this Act or any rule or regulation
promulgated in accordance thereof shall,
upon conviction for each act or omission,
be punished by a fine of not less than
Twenty thousand pesos (P20,000.00) but
not more than Fifty thousand pesos
(P50,000.00) or suffer imprisonment of not
less than eight (8) years but not more than
ten (10) years, or both such fine and
imprisonment at the discretion of the
court, unless a higher penalty is provided
for in the Revised Penal Code or special
laws. If the offender is a public officer

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August 14 Friday

SECTION 5. Acts of Violence Against Women

(1) Threatening to deprive or

(2) Depriving or threatening to

(1) Stalking or following the

In order to be held liable, the woman

their nature, are necessarily applicable,

directly or indirectly; x x x (Emphasis

and abuse to whom the State extends

Finally, Section 4 of R.A. No. 9262 calls

I. R.A. 9262 rests on substantial

It bears mention that the intent of the

Measured against the foregoing

The unequal power relationship

It should be stressed that the acts

SECTION 6. Penalties.- The crime of violence

If these acts resulted in mutilation, it shall be

committed, a criminal action under the

SECTION 7. Venue.- The Regional Trial Court

personally or through another, any of the

income or salary of the respondent to be

A Barangay Protection Order is the

woman or her child physical harm.

We need not even belabor the issue

impartial, and that the chances of

similar provision is found in R.A. No.

It bears stressing that Section 8(g)

satisfy a legal obligation of child

Petitioner cannot rely on Article 195 of

Even if the laws of the Netherlands

Philippines because it would be of great

petitioner is committed here in the

(g) lawyer, counselor, therapist or healthcare

Finally, we do not agree with

SECTION 10. Where to Apply for a Protection

The act of denying support to a child

SECTION 11. How to Apply for a Protection

under oath by the applicant. It may be filed

Barangay officials and court personnel shall

the protection order to the applicant on the

SECTION 15. Temporary Protection Orders.

days. The court shall schedule a hearing on

appear despite proper notice, the court shall

Even if the court will dismiss the case,

SECTION 20. Priority of Application for a

If you file a criminal case (e.g.

woman syndrome at the time of the

has been cyclically abused

A battered woman has been defined as

woman usually tries to pacify the

The acute battering incident is said to

him, and that resistance would only

professional help, are very slim,

Being a novel concept in our

counsel, Atty. Katrina Legarda, have

SECTION 27. Prohibited Defense. Being

(c) transport or escort the victim/s to a safe

(d) safeguard the records and make them

against women and their children as herein

Violence Against Women and their children,

The DOH shall provide medical assistance to

imprisonment and a fine of not more than

The rules require that petitions for