Child Abuse

Protection Law
Subtitle
Constitutional Basis
The State shall defend the right of children to
assistance, including proper care and nutrition,
and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions
prejudicial to their development. (Section 3(2),
Article XV [The Family])
But first, what are
children?
"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. (Section 3 (a),
Republic Act No. 7610 or "Special Protection of
Children Against Abuse, Exploitation and
Discrimination Act”)
What is considered as “Child Abuse?”
"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. (Section 3 (a), Republic Act No. 7610)
Child Prostitution and Other Sexual Abuse
(Section 5, R.A. 7610)
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:

(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.
Child Prostitution and Other Sexual Abuse
(Section 5, R.A. 7610)
(b) Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other sexual abuse;
xxx 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.
Child Trafficking
(Section 7, R.A. 7610)
 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.
Attempt to Commit Child Trafficking
(Section 8, R.A. 7610)
(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;
(b) When a pregnant mother executes an affidavit of consent for adoption for
consideration;
(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-caring
institutions who can be offered for the purpose of child trafficking.
Obscene Publications and Indecent Shows
(Section 9, R.A. 7610)
 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.
Attempt to Commit Child Trafficking
(Section 8, R.A. 7610)
 (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.
Working Children
(Section 12, R.A. 7610)
Children below fifteen (15) years of age may be employed except:

 (1) When a child works directly under the sole responsibility of his parents or
legal guardian and where only members of the employer's family are employed:
Provided, however, That his employment neither endangers his life, safety and health
and morals, nor impairs his normal development: Provided, further, That the parent or
legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or

 (2) When a child's employment or participation in public and entertainment or

information through cinema, theater, radio or television is essential: Provided, The
employment contract concluded by the child's parent or guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of
Labor and Employment: xxx
Hours of Work Children
(Section 12-A, R.A. 7610, as amended by R.A. 9231 or the "AN ACT PROVIDING FOR
THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING
STRONGER PROTECTION FOR THE WORKING CHILD...")
(1) A child below fifteen (15) years of age may be allowed to work for not more
than twenty (20) hours a week: Provided, That the work shall not be more than
four (4) hours at any given day;
(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed
to work for more than eight (8) hours a day, and in no case beyond forty (40)
hours a week;
(3) No child below fifteen (15) years of age shall be allowed to work between
eight o'clock in the evening and six o'clock in the morning of the following day
and no child fifteen (15) years of age but below eighteen (18) shall be allowed to
work between ten o'clock in the evening and six o'clock in the morning of the
following day."
Prohibition on the Employment of Children in Certain
Advertisements
(Section 14, R.A. 7610, as amended by R.A. 9231)

 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.
Psychological Violence
(Section 5(C), R.A. 9262 [Anti-Violence Against Women and Their Children Act of
2004])
 It refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity.
 It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs,
or to witness pornography in any form or to witness abusive injury to pets
or to unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.
Acts of Violence Against Women and Their Children
(Section 5(D), R.A. 9262)
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.