Child Abuse Law

What is child abuse?

The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act or
Republic Act 7610 (Art.1 Sec. 3) defines child abuse as maltreatment, whether habitual or not.
A person who is below 18 years old or those over but are unable to fully take care of themselves from
abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or
condition.
By a person who is responsible for the child's welfare. Under circumstances which gravely threaten or
endanger the survival and normal development of children.
Operational Definitions
Physical Abuse
Is characterized by physical injury (e.g. bruises and fractures) resulting from punching, beating,
kicking, biting, or otherwise harming a child. The injury may have resulted from over discipline or
physical punishment that is inappropriate to the child's age or condition. The injury may be the results
from over discipline or physical punishment that is inappropriate to the child's age or condition.
An injury resulting from physical punishment that requires medical treatment is considered outside the
realm of normal disciplinary measures.
Neglect
Child neglect is characterized by failure to provide for the child's basic needs. Neglect can be physical,
educational or emotional.
Physical Neglect
Includes refusal of or delay in seeking health care, abandonment, inadequate supervision and expulsion
from home or refusing to allow a runaway to return home.
Educational Neglect
Failure to enroll a child of mandatory school age and inattention to a special educational need.
Emotional Neglect
Includes such action as chronic or extreme spouse abuse in the child's presence, permission of drug
abuse or alcohol use by the child and refusal or failure to provide needed psychological care.
Sexual Abuse
Includes wide range of behavior; fondling of a child's genitals, intercourse, rape, sodomy, exhibitionism
and commercial exploitation through prostitution or the production of pornographic materials.
Sexual Exploitation
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.
Emotional abuse
Includes acts or omissions by the parents or other persons responsible for the child's care and that have

caused or could cause serious behavioral, cognitive, emotional or mental disorder. It is the most
difficult form of child maltreatment.
Child trafficking
The act of trading or dealing with children, including but not limited to, the buying and selling children
for money, or for any other consideration, or barter.
Child Labor
The employment of children below 15 years of age who force, suffer to work for money or any other
consideration.
The condition of employment endangers the life, safety, health and normal development of the child.
Abandoned
The failure to provide for the care and support of a child for at least six (6) continuous months for no
valid reason shall be presumed as an intent to abandon the child unless said failure is due to reasons
beyond the control of the parent or is due to financial reasons.
The failure to report to a law enforcement agency or to the Department of Social Welfare and
Development (DSWD) that the child is missing within seventy-two (72) hours after his disappearance
is discovered.
READ: R.A. 7610
There are other types of abuse such as street children, children in conflict with the law, children in
indigenous communities, and children in situations of armed conflict.
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
http://www.abs-cbnfoundation.com/bb163/childabuse.html

Who can bring cases of child abuse?

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.
Who may file a complaint?
Offended Party
Parents or Guardians
Ascendant or collateral relative within 3rd 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
Commission on Human Rights

NBI

DOJ

Barangay Captain

Do I have a duty to report cases of child abuse?

Yes, it is your civic and moral duty to do so.
Mandatory Reporting
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.
Duty of Government Workers
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 to report
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)
Immunity for Reporting
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.
Protective Custody of the Child
Offended party will immediately be placed under the custody of the DSWS with Confidentiality of
offended partys identity

Does the Lupon have jurisdiction

What happens when a resident goes to the barangay for cases of child abuse? What can the
barangay do?
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.

When does it go to court?

Special court proceedings- RTC as Juvenile and Domestic Court; preference to the hearing or
disposition of cases involving violations of this Act.