SPECIAL PENAL LAWS OUTLINE

VII. SEXUAL HARASSMENT LAW (R.A. No. 7877)

- What is sexual harassment?
* Work, education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral ascendancy over another in
a work or training or education environment, demands, requests or otherwise requires any sexual
favor from the other, regardless of whether the demand, request or requirement for submission is
accepted by the object of said act. (Section 3)

- What is the policy of the state on sexual harassment?

* The State values the dignity of every individual, enhances the development of its human
resources, guarantees full respect for human rights, and upholds the dignity of workers,
employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or
training environment are declared unlawful. (Section 2)

- When sexual harassment is committed?

* by an employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said act. (Section 3)

- How does sexual harassment committed in work-related or employment environment?

 1) The sexual favor is made as a condition in the hiring or  in the employment, re-
employment or continued employment  of said individual, or in granting said
individual favorable compensation, terms of conditions, promotions, or privileges; 
or the refusal to grant the sexual favor results in limiting, segregating or classifying
the employee which in any way  would discriminate, deprive ordiminish
employment opportunities or otherwise adversely affect said employee;
             
                  (2) The above acts would impair the employee's rights or  privileges
under existing labor laws; or
             
                  (3) The above acts would result in an intimidating, hostile,  or offensive
environment for the employee.
How does sexual harassment committed in an education or training environment?  (1) Against one
who is under the care, custody or supervision of the offender;  

              (2) Against one whose education, training, apprenticeship  or tutorship is entrusted
to the offender;
             
                (3) When the sexual favor is made a condition to the giving  of a passing grade, or
the granting of honors and scholarships,  or the payment of a stipend, allowance or other
benefits,  privileges, or consideration; or
             
                (4) When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or  apprentice.

      Any person who directs or induces another to commit any  act of sexual harassment as
herein defined, or who cooperates  in the commission thereof by another without which it
would  not have been committed, shall also be held liable under this  Act.

•
- Where can sexual harassment be committed under the provision of Civil Service Commission
Resolution No. 01-0940?
• Section 4. Sexual harassment may take place:
1. in the premises of the workplace or office or of the school or training institution; 2. in any
place where the parties were found as a result of work or education or training responsibilities
or relations; 3. at work or education or training-related social functions; 4. while on official
business outside the office or school or training institution or during work or school or
training-related travel; 5. at official conferences, fora, symposia or training sessions; or 6. by
telephone, cellular phone, fax machine or electronic mail.

- When is a government official/employee liable for sexual harassment?

• Section 6. Any government official or employee, regardless of sex, is liable for sexual
harassment when he/she: (a) directly participates in the execution of any act of sexual
harassment as defined by these Rules; (b) induces or directs another or others to commit sexual
harassment as defined by these Rules; (c) cooperates in the commission of sexual harassment by
another through an act without which the sexual harassment would not have been accomplished;
(d) cooperates in the commission of sexual harassment by another through previous or
simultaneous acts.

- What are the forms of sexual harassment?

• Section 5. The following are illustrative forms of sexual harassment: (a) Physical i. Malicious
Touching; ii. Overt sexual advances; iii. Gestures with lewd insinuation. (b) Verbal, such as but
not limited to, requests or demands for sexual favors, and lurid remarks; (c) Use of objects,
pictures or graphics, letters or writing notes with sexual underpinnings; (d) Other forms
analogous to the forgoing.

- What are the functions of the committee on decorum and investigation (CODI) in sexual
harassment cases?
• Section 7. The Committee shall perform the following functions: (a) Receive complaints of
sexual harassment; (b) Investigate sexual harassment complaints in accordance with the
prescribed procedure; (c) Submit a report of its findings with the corresponding
recommendation to the disciplining authority for decision; (d) Lead in the conduct of
discussions about sexual harassment within the agency or institution to increase understanding
and prevent incidents of sexual harassment; Localized Committees on Decorum and
Investigation established in the regional or field offices, as the case may be, of the agency or
institution shall have the same functions as stated above and shall submit the report of
investigation with its recommendation directly to the disciplining authority. When a member
 of the Committee is the complainant or the person complained of in a sexual harassment case,
he/she shall be disqualified from being a member of the Committee.

- What is the composition of the CODI?

• Section 8. Composition. - In a work-related environment, a Committee on Decorum and
Investigation shall be composed of at least one (1) representative each from the management,
the accredited union, if any, the second level employees, and from the first level employees,
duly selected by the unit concerned. In an educational or training institution, the Committee
shall be composed of at least one (1) representative from the administration, the trainers,
teachers, instructors, professors or coaches, and students or trainees, as the case may be, duly
selected by the level concerned.

- At the pre-filing stage, what assistance can the agency provide to an alleged victim of sexual
harassment?
• Section 10. The Pre-filing Stage. – The agency may adopt mechanisms to provide assistance to
an alleged victim of sexual harassment which may include counseling, referral to an agency
offering professional help, and advice on options available before the filing of the complaint.

- What will be the action of the CODI on the complaint?

• Section 13. Action on the Complaint. – Upon receipt of a complaint that is sufficient in form and
substance, the Committee on Decorum and Investigation shall require the person complained of
to submit a Counter-Affidavit/Comment under oath within three (3) days from receipt of the
notice, furnishing a copy thereof to the complainant, otherwise the Counter-Affidavit/Comment
shall be considered as not filed.

- What shall be the duration of the preliminary investigation?

• Section 15. Duration of the Investigation. – A preliminary investigation shall commence not
later than five (5) days from receipt of the complaint by the Committee on Decorum and
Investigation and shall be terminated within fifteen (15) working days thereafter.

- When will the CODI submit its investigation report on the preliminary investigation?
• Section 16. Investigation Report. – Within five (5) working days from the termination of the
preliminary investigation, the Committee on Decorum and Investigation shall submit the
Investigation Report and the complete records of the case to the disciplining authority

- What are the contents of the formal charge?

• Section 18. Formal Charge. – After finding a prima facie case, the disciplining authority shall
formally charge the person complained of. The formal charge shall contain a specification of the
charge(s), a brief statement of material or relevant facts, accompanied by certified true copies of
the documentary evidence, if any, sworn statements covering the testimony of witnesses, a
directive to answer the charge(s) in writing under oath in not less than seventy-two hours from
receipt thereof, an advice for the respondent to indicate in his/her answer whether or not he/she
elects a formal investigation of the charge(s), and a notice that he/she is entitled to be assisted by
a counsel of his/her choice. If the respondent has submitted his/her comment and counter-
affidavits during the preliminary investigation, he/she shall be given the opportunity to submit
additional evidence. The Committee on Decorum and Investigation shall not entertain requests
for clarification, bills of particulars or motions to dismiss which are obviously designed to delay
the administrative proceeding. If any of these pleadings is filed by the respondent, the same shall
be considered as part of his/her answer which he/she may file within the remaining period for
filing the answer.

- When can preventive suspension be applied?

 • Section 21. Preventive Suspension. – Upon petition of the complainant or motu proprio upon the
recommendation of the Committee on Decorum and Investigation, at any time after the service
of the Formal Charge to the respondent, the proper disciplining authority may order the of the
Formal Charge to the respondent, the proper disciplining authority may order the preventive
suspension of the respondent during the formal investigation, if there are reasons to believe that
he/she is probably guilty of the charges which would warrant his/her removal from the service.

- What is the purpose of the preventive suspension?

• Sec. 21- An order of preventive suspension may be issued to temporarily remove the respondent
from the scene of his/her misfeasance or malfeasance and to preclude the possibility of his/her
exerting undue influence or pressure on the witnesses against him/her or tampering of
documentary evidence on file with this office.

- How long is the period of preventive suspension?

• Section 22. Duration of Preventive Suspension. - When the administrative case against the
respondent under preventive suspension is not finally decided by the disciplining authority
within the period of ninety (90) days after the date of his/her preventive suspension, unless
otherwise provided by special law, he/she shall be automatically reinstated into the service:
Provided, that when the delay in the disposition of the case is due to the fault, negligence or
petition of the respondent, the period of delay should not be included in the counting of the
ninety (90) calendar days period of preventive suspension: Provided, further, That should the
respondent be on paternity/maternity leave, said preventive suspension shall be deferred or
interrupted until such time that said leave has been fully enjoyed.

- When is a decision on a sexual harassment case by the disciplining authority final and
executory?
• Section 38. Finality of Decisions. – A decision rendered by heads of agencies where a penalty of
suspension for not more than thirty (30) days or a fine in an amount not exceeding thirty (30)
days salary is imposed, shall be final and executory. However, if the penalty imposed is
suspension exceeding thirty (30) days or a fine exceeding thirty (30) days salary, the same shall
be final and executory after the lapse of the reglementary period for filing a motion for
reconsideration or an appeal and no such pleading has been filed.

- When is a penalty of suspension appealable to the Civil Service Commission?

• Sec.44 - In case the decision rendered by a bureau or office head is appealable to the
Commission, the same may be initially appealed to the department head and finally to the
Commission Proper. Pending appeal, the same shall be executory except where the penalty is
removal, in which case the same shall be executory only after confirmation by the Secretary
concerned.

- What remedies from the preventive suspension can be availed of by the respondent?
• Section 39. Filing of Motion for Reconsideration. – The party adversely affected by the decision
may file a motion for reconsideration with the disciplining authority who rendered the decision
within fifteen (15) days from receipt thereof.

- What is the classification of acts of sexual harassment?

Section 53. Sexual harassment is classified as grave, less grave and light offenses. A. Grave
Offenses shall include, but are not limited to: 1. unwanted touching of private parts of the body (genitalia,
buttocks and breast); 2. sexual assault; 3. malicious touching; 4. requesting for sexual favor in exchange for
employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing
grade, the granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance,
and 5. other analogous cases. B. Less Grave Offenses shall include, but are not limited to: 1. unwanted
touching or brushing against a victim’s body; 2. pinching not falling under grave offenses; 3. derogatory or
degrading remarks or innuendoes directed toward the members of one sex, or one’s sexual orientation or
used to describe a person; 4. verbal abuse with sexual overtones; and 5. other analogous cases. C. The
following shall be considered Light Offenses; 1. surreptitiously looking or staring a look of a person’s
private part or worn undergarments; 2. telling sexist/smutty jokes or sending these through text, electronic
mail or other similar means, causing embarrassment or offense and carried out after the offender has been
advised that they are offensive or embarrassing or, even without such advise, when they are by their nature
clearly embarrassing, offensive or vulgar; 3. malicious leering or ogling; 4. the display of sexually offensive
pictures, materials or graffiti; 5. unwelcome inquiries or comments about a person’s sex life; 6. unwelcome
sexual flirtation, advances, propositions; 7. making offensive hand or body gestures at an employee; 8.
persistent unwanted attention with sexual overtones; 9. unwelcome phone calls with sexual overtones
causing
 VIII. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION
AND DISCRIMINATION ACT (R.A. No. 7610)
- What is the policy of the State in enacting R.A. 7610?
Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the
policy of the State to provide special protection to children from all firms of abuse, neglect,
cruelty exploitation and discrimination and other conditions, prejudicial their development;
provide sanctions for their commission and carry out a program for prevention and deterrence
of and crisis intervention in situations of child abuse, exploitation and discrimination. The
State shall intervene on behalf of the child when the parent, guardian, teacher or person
having care or custody of the child fails or is unable to protect the child against abuse,
exploitation and discrimination or when such acts against the child are committed by the said
parent, guardian, teacher or person having care and custody of the same.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal development
and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the principle of First Call for
Children as enunciated in the United Nations Convention of the Rights of the Child. Every
effort shall be exerted to promote the welfare of children and enhance their opportunities for a
useful and happy life.

- Who are considered children?

• Sec. 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;

- What is the Rationale of R.A. No. 7610?

• To give protection to persons below 18 years of age or those over but are unable to fully
take care of themselves or protect themselves from abuse, cruelty and exploitation.
- Define Child Abuse?
- Sec. 3 -(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.
 •
- What are the punishable acts of child prostitution?
• Punishable Acts Punishable Acts 1) Child Abuse- maltreatment, whether habitual or not, of the
child which includes any for the following: a. Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional maltreatment; b. Any act by deeds or words which debases,
degrades, or demeans the intrinsic worth and dignity of a child as a human being; c.
Unreasonable deprivation of his basic needs for survival, such as food and shelter; or d. 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.

• 2) Child prostitution and other Sexual Abuse Elements: a. Children, whether male or female b.
For money OR profit OR any other consideration OR due to coercion OR influence c. Of any
ADULT, SYNDICATE, or GROUP d. Indulge in sexual intercourse or lascivious conduct

• 3) Attempt to Commit Child Prostitutiona. Attempt under Par. A, Sec 5 i. Any person, not
relative of a child ii. Found alone with the child iii. In a room, cubicle of a house, inn, hotel,
motel, etc iv. Under circumstances which would lead a reasonable person to believe that the
child is about to be exploited in prostitution and other sexual abuse. b. Attempt under Par. B,
Sec 5 i. Any person ii. Receiving services from a child iii. In a sauna parlor or batch, massage
clinic, health club, etc.

• 4) Child Trafficking Elements: a. Any person who shall engage in b. Trading and dealing with
children including, but not limited to, the act of buying and selling a child for money, and for
any other consideration, or barter.

• 5) Attempt to Commit Child Trafficking When a child travels alone to a foreign country without
a valid reason therefore and without clearance from the DSWD or written permit or justification
from the child’s parents or legal guardian; b. Person, agency, establishment, or child-caring
institution recruits women or couples to be children for the purpose of child trafficking; or c.
When a doctor, hospital or clinic official or employee, nurse midwife, local civil registrar or any
other person simulates birth for the purpose of child trafficking; or d. 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.

• 6) Obscene publications and indecent shows a. A child is employed, used, persuaded, induced,
or coerced b. To perform in obscene exhibitions and indecent shows, whether live or in video, or
model in obscene publications or pornographic materials c. Such materials are distributed

• 7) Other acts if Neglect, Abuse, Cruelty or Exploitation and other conditions Prejudicial to the
Child’s Development a. Violation of Art. 59, PD 603 b. Keeping in his company a minor, 12
years or under or 10 years younger than the person liable, in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach resort,
etc. c. Inducement, delivery, or offering of a minor for the above mentioned act d. Use, coercion,
forcing, or intimidating a street child or any other child to i. Beg or use begging as a means of
living; ii. Acts as conduit or middlemen in drug trafficking or pushing; or iii. Conduct any illegal
activities

• 8) Violation of working conditions for Minors as provided in this law and the Labor Code
- Is there an attempt to commit child prostitution?
- Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child
trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
- (c) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking; or

- (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar
or any other person simulates birth for the purpose of child trafficking; or

- (e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during 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.

- What are the punishable acts of child trafficking?

• Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.

- Is there an attempt to commit child trafficking?

- Define obscene publications and indecent shows.
- Sec. 9. Obscene Publications and Indecent Shows. - Any person who shall hire, employ,
use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent
shows, whether live or in video, or model in obscene publications or pornographic materials
or to sell or distribute the said materials shall suffer the penalty of prision mayor in its
medium period.

- If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum period.

- Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
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.

•
-What are the other acts of neglect, abuse, cruelty or exploitation and other conditions
prejudicial to the child’s development?
- Sec. 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 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.

- (b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other
 tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period
and a fine of not less than Fifty thousand pesos (P50,000.00): Provided, That this provision
shall not apply to any person who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and tradition or acts in the performance
of a social, moral or legal duty.

- (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 (P40,000.00); 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 (P50,000.00), and the loss of
parental authority over the minor.

- (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 imposed a penalty of prision mayor in its medium period and
a fine of not less than Fifty thousand pesos (P50,000.00), and the loss of the license to
operate such a place or establishment.

- (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

- (3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium
period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles
248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised
Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious
physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve
(12) years of age. The penalty for the commission of acts punishable under Articles 337, 339,
340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party, corruption
of minors, and white slave trade, respectively, shall be one (1) degree higher than that
imposed by law when the victim is under twelve (12) years age.

- The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.

•
- What are the rights of children arrested for reasons related to armed conflict?
- Sec. 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.

- Who may file a complaint?

- Sec. 27. Who May File a Complaint. - 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.

IX. JUVENILE JUSTICE and WELFARE ACT OF 2006 (R.A. No. 9344) also refer to
CHILD and YOUTH WELFARE CODE (P.D. No. 603)
- What are the punishable acts under R.A. No. 9344? (Under Sec. 60 and Sec. 61)

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:

(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.
 - When criminal liability shall attach to any parent?
Pd no 603 - Art. 59. Crimes. - Criminal liability shall attach to any parent who:

      (1) Conceals or abandons the child with intent to make such child lose his civil status.

      (2) Abandons the child under such circumstances as to deprive him of the love, care and
protection he needs.

      (3) Sells or abandons the child to another person for valuable consideration.

      (4) Neglects the child by not giving him the education which the family's station in life and
financial conditions permit.

      (5) Fails or refuses, without justifiable grounds, to enroll the child as required by Article
72.

      (6) Causes, abates, or permits the truancy of the child from the school where he is
enrolled. "Truancy" as here used means absence without cause for more than twenty
schooldays, not necessarily consecutive.

      It shall be the duty of the teacher in charge to report to the parents the absences of the
child the moment these exceed five schooldays.

      (7) Improperly exploits the child by using him, directly or indirectly, such as for purposes
of begging and other acts which are inimical to his interest and welfare.

      (8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignitions and other excessive chastisement that embarrass or humiliate him.

      (9) Causes or encourages the child to lead an immoral or dissolute life.

      (10) Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership.

      (11) Allows or requires the child to drive without a license or with a license which the
parent knows to have been illegally procured. If the motor vehicle driven by the child belongs
to the parent, it shall be presumed that he permitted or ordered the child to drive.

"Parents" as here used shall include the guardian and the head of the institution or foster
home which has custody of the child.

X. THE ANTI-CHILD PORNOGRAPHY ACT OF 2009 (R.A. No. 9775)

- What are the punishable acts under R.A. No. 9775?

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

 (a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import
any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of the
same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons come
to an agreement concerning the commission of any of the said prohibited acts and decide to
commit it; and

(l) To possess any form of child pornography.

- What is Child Pornography?

• - sec 3- (b) "Child pornography" refers to any representation, whether visual, audio, or
written combination thereof, by electronic, mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in real or simulated explicit sexual activities.

- What are Child Pornography materials?

• any representation, whether visual, audio, or written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other means, of child engaged or involved in
real or simulated explicit sexual activities.

•
- What is an explicit sexual activity?
- (c) "Explicit Sexual Activity" includes actual or simulated -
- (1) As to form:
- (i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to
genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or
opposite sex;
 - (2) bestiality;
- (3) masturbation;
- (4) sadistic or masochistic abuse;
- (5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
- (6) use of any object or instrument for lascivious acts

- What is an internet address?

• (d) "Internet address" refers to a website, bulletin board service, internet chat room or
news group, or any other internet or shared network protocol address.

- What is an Internet Café or kiosk?

• (e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer
services to the public for the use of its computer/s or computer system for the purpose of
accessing the internet, computer games or related services.

- What is an Internet content host?

(f) "Internet content host" refers to a person who hosts or who proposes to host internet content
in the Philippines.
- What is an Internet Service Provider?
• (g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to
supply, an internet carriage service to the public.

- What is “luring”?
• (i) "Luring" refers to the act of communicating, by means of a computer system, with a
child or someone who the offender believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any form of child pornography.(2) Bestiality;

- What is “grooming?
• (h) "Grooming" refers to the act of preparing a child or someone who the offender believes
to be a child for sexual activity or sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement through any other means.

- What are those considered as “primary sexual purposes”?

- (k) "Primarily sexual purposes" refers to purposes which will fulfill all the following
conditions: cralaw

- (1) The average person applying contemporary community standards would find the work
taken as a whole appealing to prurient interest and satisfying only the market for
gratuitous sex and violence; cralaw

- (2) The work depicts or describes sexual conduct in a patentlyoffensive way; and cralaw

- (3) The work taken as a whole imbued within its context, manner or presentation, intention
and culture, lascivious, literary, artistic, political and scientific value. cralaw

XI. THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF

2004 (R.A. No. 9262)
- What is VAWC under R.A. No. 9262?
- SECTION 3. Definition of Terms.- As used in this Act,
- (a) "Violence against women and their children" refers to any act or a series of acts committed by
any person against a woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. I

•
- What are the punishable acts under R.A. No. 9262?
- 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:
- (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.

•
- Define “Dating Relationship”.

• (e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating
relationship.

- Define “Sexual Relations”.

• (f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.

- Who gets protected under the Law?

- Woman and her children
- “Children” means the children of the abused woman, below 18 years old and above who are incapable of taking
care of themselves, including children who are not her biological children but who are under her care

•
- What can women and children do under R.A. No. 9262?
She and/or her children can request for:
- Brgy. Protection Order (BPO) = 15 days
- Temporary Protection Order (TPO) = 30days
- Permanent Protection order (PPO)
- File a criminal action for violation of RA 9262

•
- Is VAWC committed by men alone?
- Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of the victim
with whom she has or had a sexual or dating relationship. (Source: Barangay Protection Order RA 9262: A
Primer. Department of Interior and Local Government, National Barangay Operations Office, 2004.)

•
- What if the male spouse/partner complains about abuses committed by his wife/partner?

- He may file a complaint or case under the Revised Penal Code.

•
- Who may file a complaint under R.A. No. 9262?

- -the offended party; parents or guardians of the offended party; ascendants; descendants or collateral relatives
within the 4th civil degree of consanguinity or affinity; social workers of DSWD or LGUs; police officers; Punong
Brgy or Kagawads; lawyer; counselor; therapist; health care provider of the victim or 2 citizens of the city who
have the personal knowledge of the commission of the crime.

•
- Where should cases for VAWC be filed?

• 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.

- What is Battered Women Syndrome (BWS)?

• (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

- What is a Protection Order?

• 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.

- What are the three (3) kinds of Protection Order?

• Sec 8 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:

•
- Who may apply for Protection Order?
- 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;
- (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.