Republic Act 7610

Republic of the Philippines

COMMISSION ON HUMAN RIGHTS
Philippine Constitution, Article II, Sec. 12 -
The State recognizes the sanctity of
family life and shall protect and strengthen
the family as a basic and autonomous
social institution. It shall equally protect the
life of the mother and the life of the unborn
from conception..
PD 603, Article 3, # 1:
A child is endowed with the dignity and
worth of a human being from the moment
of conception, as generally accepted in
medical parlance, and is therefore entitled
with the right to be born well.
Children - persons below 18 years of age
or those over but are unable to 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.
CHILD ABUSE -Refers to maltreatment, whether
habitual or not, of the child which includes any of the
following;

Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;

Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being;


CHILD ABUSE -Refers to maltreatment, whether
habitual or not, of the child which includes any of the
following;

Unreasonable deprivation of his basic needs for
survival, such as food and shelter

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
Child Prostitution and other sexual abuse
Attempt to commit child prostitution
Child Trafficking
Attempt to commit child trafficking
Child pornography and indecent shows and
publication
Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to
the Childs Development
Who are deemed to be children exploited in
prostitution and other sexual abuse?
Children, whether male or female,
Who for money, profit, or other consideration or
due to coercion or influence of adult, syndicate
or group
Indulge in sexual intercourse or lascivious
conduct
What is lascivious conduct?
Means the intentional touching, either directly or through
clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks; or any act of lewdness;
Done with force or intimidation, fraudulent machination or grave
abuse of authority; or where the offended party is deprived of
reason or otherwise unconscious;
With intent to abuse, humiliate, harass, degrade the child, or
arouse or gratify the sexual desire of any person
Bestiality, masturbation, lascivious exhibition of the genitals or
pubic area of a person
Who may be liable?
Those who engage in, or promote, facilitate or induce
child prostitution which includes, but are not limited to,
the following:
acting as a procurer of a child prostitute
inducing a person to be a client of a child prostitute
taking advantage of influence or relationship to procure a child
as a prostitute
threatening or using violence towards a child to engage him as
a prostitute
giving monetary consideration/pecuniary benefit
Penalty- Reclusion Temporal med-Reclusion Perpetua

Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse.
Penalty-same with Art. 335 and 336 of RPC except if
victim is under 12 yrs (Rec.Temp. med)
Those who derive profit or advantage therefrom -as
manager or owner of the establishment where the
prostitution takes place/establishment serving as cover or
which engages in prostitution other than activity it was
licensed for.
Penalty-Reclusion Temporal med-Reclusion Perpetua

Any person, not being a relative of a child, is found alone
with the said child inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or other
similar establishment, vessel, vehicle or any other hidden
or secluded area which would lead a reasonable person
to believe that the child is about to be exploited in
prostitution and other sexual abuse.

Any person, receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other
similar establishments.
Penalty- 2 deg.lower than that prescribed for the
consummated felony

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.
Penalty-Reclusion Temporal-Reclusion
Perpetua. If victim is under 12 years, maximum
period

Allowing a child to travel alone to a foreign country
Pregnant womans execution of affidavit of consent to
adoption of unborn child for consideration
Recruitment of women or couples for child bearing for
purposes of child trafficking
Simulation of birth by doctor, hospital, clinic official, etc.
for the purpose of child trafficking
Finding children among low-income families, hospitals
etc. to sell
Penalty- 2 deg. Lower from the consummated felony



hire obscene exhibitions live or
employ perform indecent shows in video
use pose/model Obscene publications
pornographic materials
Person persuade child
induce sell pornographic materials
coerce distribute

Penalty- Prision Mayor. If under 12 years, maximum
period.

Any ascendant, guardian, or person
entrusted in any capacity with 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 correspondents to
the Philippine law.


Any person who shall commit any other acts of
child abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to the
childs development including those covered by Art.
59 of PD 603, but not covered by the Revised
Penal Code
Penalty- Prision Mayor Minimum


Any person who shall keep or have in his company a minor,
twelve (12) years or under or who is 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.

Exception:Person related within the fourth degree of
consanguinity or affinity or any bond recognized by law,
local customs and tradition or acts in the performance of a
social, moral or legal duty.
Penalty- Prision Mayor maximum and fine of not less than
Php 50,000.00.


Any person who shall induce or deliver or offer a minor to
anyone prohibited under R.A. 7610 as above described.
Penalty-Prision Mayor Medium and fine of not less than
Php 50,00.00.

Any person, owner, manager or one trusted 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 such place or places any minor herein described.
Penalty-Prision Mayor Medium and fine of not less than
Php 50,000.00



Any person who shall use, coerce, force or
intimidate a street child or any other child to:
beg or use begging as a means of living
act as conduit or middleman in drug
trafficking or pushing
conduct any illegal activities.

Penalty- Prision Correccional Medium-Reclusion Perpetua
When victim is under 12 years and for purposes
of this act, the penalties for Murder, Homicide,
other intentional mutilation, Serious Physical
Injuries-Reclusion Perpetua.
For Qualified Seduction, acts of lasciviousness
with consent, corruption of minors, white slave
trade- one degree higher than that imposed by
law.
A person who learns of facts or
circumstances that gives rise to the belief
that a child has suffered abuse may report
the same, either orally or in writing, to the
Department, Police or any other law
enforcement agency or to the BCPC.
The head of any private or public hospital,
medical clinic and similar institution, as
well as the attending physician and nurse,
shall report, either orally or in writing, to
the Department the examination and/or
treatment of a child who appears to have
suffered abuse within 48 hours from
knowledge of the same.
It shall be the duty of all teachers and
administrators in public schools, probation
officers, government lawyers, law enforcement
officers, barangay officials, corrections officers
and other government officials and employees
whose work involves dealing with children to
report all incidents of possible child abuse to the
Department.
Failure of the individuals mandatorily
required to report, and the administrator or
head of the hospital, clinic or similar
institution concerned to report a possible
case of child abuse shall be punishable
with a fine of not more than two thousand
pesos (P2,000.00)
A person who, acting in good faith, shall
report a case of child abuse shall be free
from any civil or administrative liability
arising therefrom. There shall be a
presumption that any such person acted in
good faith.
Department to act within 48 hours upon the
receipt of a reported incidence of child abuse
If the investigation discloses sexual abuse,
serious physical injury or life threatening neglect
of the child, immediate removal of the child from
his/her home and putting him/her under
protective custody will be the immediate action of
the Departments representative.


Who may file a complaint?
Offended Party
Parents or Guardians
Ascendant or collateral relative within 3
rd
degree of
consanguinity
Officer, social worker or representative of a licensed
child-caring institution
Officer or social worker of the DSWD
Barangay Chairman, or
Three (3) concerned, responsible citizens where the
offense was committed

Report it to:
The CHR
DSWD
PNP Women and
Childrens Desk
NBI
DOJ
Barangay Captain
Commission on Human
Rights
2F DBP Building
De la Rama Street,
Iloilo City
Tel No. 337-8019
Thank you !!!