AN ACT PROVIDING FOR STRONGER

DETERRENCE AND SPECIAL

PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION,
AND FOR OTHER PURPOSES
____________________________
Special Protection of Children against
Abuse, Exploitation and Discrimination
Act (RA 7610)
Whereas, mankind owes
to the child the best it
has to give.
(Final preambular clause of the Declaration of the Rights of
the Child)
A FEW HOUSE RULES:
4 P’S
1. PHONE OFF/ SILENT
MODE
2. PAY ATTENTION.
3. PARTICIPATE.
Note: Please reserve your questions at the
end of the session.
4. PASS THE EXAM.
 Lesson Goals:
This lesson aims to:
1.Give updates of the law through
jurisprudence/ cases recently decided by
the Supreme Court;
2. Familiarize with the basic knowledge
of RA 7610;
3. Address common problems
encountered by the PNP & the legal
profession in enforcing RA 7610.
 A FEW
REMINDERS:
 Module 4, Lesson 4.4.5

1.You are a LAW

ENFORCER!
-be familiar with laws
 2. You are an
OFFICER!
• Not a right but a PRIVILEGE
• Set the best examples for others
Module 4, Lesson 4.4.5

3. Your
profession is
your CALLING!
Module 4, Lesson 4.4.5

4. You are a
PUBLIC
SERVANT!
 Module 4, Lesson 4.4.5

• Section 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 to 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.
 Module 4, Lesson 4.4.5

• 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.
 Module 4, Lesson 4.4.5

• 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.
 Module 4, Lesson 4.4.5

Cases:
1. SWEETHEART THEORY
• Michael John Z. Malto vs. People of the
Philippines ( GR 164733, September 21,
2007)
Issue: Whether or not there was a rape
committed since their sexual intercourse
was CONSENSUAL by reason of their
“sweetheart relationship?”
 Module 4, Lesson 4.4.5

• (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.
 Module 4, Lesson 4.4.5

:
• Petitioner violated Section 5(b), Article III of
RA 7610, as amended. The first element
of Section 5(b), Article III of RA 7610
pertains to the act or acts committed by
the accused. The second element refers to
the state or condition of the offended party.
The third element corresponds to the
minority or age of the offended party. Since
all three elements of the crime were
present, the conviction of petitioner was
proper.
 Module 4, Lesson 4.4.5

• Consent of the child is immaterial in criminal cases

involving violation of Sec. 5, Art. III of RA 7610. Petitioner
claims that AAA welcomed his kisses and touches and
consented to have sexual intercourse with him. They
engaged in these acts out of mutual love and affection.
The sweetheart theory applies in acts of lasciviousness
and rape, felonies committed against or without the
consent of the victim. It operates on the theory that the
sexual act was consensual. It requires proof that the
accused and the victim were lovers and that she
consented to the sexual relations.30
 Module 4, Lesson 4.4.5

• For purposes of sexual intercourse and lascivious conduct

in child abuse cases under RA 7610, the sweetheart
defense is unacceptable. A child exploited in prostitution
or subjected to other sexual abuse cannot validly give
consent to sexual intercourse with another person.
• A child cannot give consent to a contract under our civil
laws. This is on the rationale that she can easily be the
victim of fraud as she is not capable of fully understanding
or knowing the nature or import of her actions. The State,
as parens patriae, is under the obligation to minimize the
risk of harm to those who, because of their minority, are
as yet unable to take care of themselves fully. Those of
tender years deserve its protection.
 Module 4, Lesson 4.4.5

• FREDDIE AGUILAR?
 Module 4, Lesson 4.4.5

• In an interview, Mr. Aguilar said, “Hindi ko alam kung may

nilalabag akong batas. Kung meron man, ewan ko kung
masasakop ng batas ang puso ko. Kasi nung Batas Militar
din, ipinagbabawal ng batas ang mga kinakanta ko, pero
kinakanta ko parin. Pwede nga akong mamatay nung
mga panahon na ‘yon eh, pero hindi nasakop ng Batas
Militar ang puso ko eh.” (I do not know if I am violating
any law. If indeed I am, I do not know if this law could
dictate upon my heart, because even when martial law
prevented me from singing my songs, I continued to sing.
I could have died then, but martial law was not able to
encroach upon my heart).
 Module 4, Lesson 4.4.5

CASE 2
• CHRISTIAN CABALLO VS. PEOPLE OF THE
PHILIPPINES
• GR 198732
• JUNE 10, 2013
 Module 4, Lesson 4.4.5

FACTS:
• Christian, 23 yrs old, a dancer met AAA, 17 yrs old, his
choreographer’s niece, in her uncle’s place.
• Became sweethearts
• Succeeded in convincing her to have repeated sexual
intercourse because of his promise to marry and an
assurance that they will use “withdrawal” method so she
will not get pregnant.
• AAA became pregnant and a child was born out of the
relationship.
• When confronted by the mother, Christian promised to
marry AAA. The mother filed a case for violation of RA
7610.
 Module 4, Lesson 4.4.5

• Christian argued that his promise to marry and use of the

withdrawal method are not inducement or persuasion as
to make the case within the purview of the offense.

• Issue: WHETHER OR NOT CHRISTIAN BE CONVICTED

OF VIOLATION OF RA 7610?
 Module 4, Lesson 4.4.5

• YES!
• First, the most crucial element is AAA’s minority. She is 17
years old, and not capable of fully understanding or
knowing the import of her actions and in consequence,
remained vulnerable to the cajolery and deception of
adults.
• Consent is immaterial in cases involving a violation of RA
7610. For purposes of sexual intercourse and lascivious
conduct in child abuse cases, the sweetheart theory is not
acceptable. A child subjected to sexual abuse cannot
validly give consent to sexual intercourse with another
person.
Module 4, Lesson 4.4.5
 Module 4, Lesson 4.4.5

CASE 2
• PEOPLE OF THE PHILIPPINES VS. DOMINADOR
LADRA
• JULY 17, 2017
• GR 221443
 Module 4, Lesson 4.4.5

• AAA- private complainant, eldest of 5 siblings

• Remote area in Balingasag, Misamis Oriental
• Raped when she was 5 years old
• After 7 years, BBB appeared and in the kitchen and
“squeezed her vagina”
 Module 4, Lesson 4.4.5

• "Lascivious conduct" is defined in Section 2 of the Rules

and Regulations on the Reporting and Investigation of
Child Abuse Cases, 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.
 Module 4, Lesson 4.4.5

• After a careful evaluation, the Court finds that the mere

fact of "squeezing" the private part of a child - a young
girl 12 years of age - could not have signified any other
intention but one having lewd or indecent design. It
must not be forgotten that several years prior, accused-
appellant had raped AAA in the same house, for which
act he was appropriately convicted. Indeed, the law
indicates that the mere touching - more so,
"squeezing," in this case, which strongly suggests that
the act was intentional - of AAA's genitalia clearly
constitutes lascivious conduct. It could not have been
done merely to annoy or vex her, as opined by the
courts a quo.
•
 Module 4, Lesson 4.4.5

CASE 3
• RICHARD ESCALANTE VS. PEOPLE OF THE
PHILIPPINES
• JUNE 28, 2017
• GR 218970
 Module 4, Lesson 4.4.5

• AAA- accompanied his classmate Mark in going home.

On his way back home, AAA was called by ESCALANTE
and was pulled into a comfort room at DIVINE SCHOOL
in Valenzuela City.
• ESCALANTE pulled down AAA’s shorts and sucked the
latter’s penis for about 10 mins. And forcibly inserted
penis under his anus.
 Module 4, Lesson 4.4.5

• WHETHER THE COURT OF APPEALS ERRED IN

AFFIRMING THE DECISION OF THE REGIONAL TRIAL
COURT FINDING HEREIN PETITIONER GUILTY
DESPITE REASONABLE DOUBT OWING TO THE
FACT THAT THE PETITIONER WAS NOT REALLY
POSITIVELY IDENTIFIED BY THE PRIVATE
COMPLAINANT.7
 Module 4, Lesson 4.4.5

• The first rule in proper photographic identification

procedure is that a series of photographs must be
shown, and not merely of that of the suspect. The
second rule directs that when a witness is shown a group
of pictures, their arrangement and display should in no
way suggest which one of the pictures pertains to the
suspect
 Module 4, Lesson 4.4.5

• In the case at bench, there is no reason to doubt AAA’s

identification of Escalante. It is noteworthy that the identification
was done in open court. Further, the trial court adopted a
similar manner with out-of-court identifications through
photographs. As culled from the records, AAA was presented
with several pictures in open court from which he was asked to
pinpoint who was his abuser. He was able to identify Escalante
without any leading question which clearly suggests that the
picture identified was that of the latter.
• Thus, AAA’s identification was objective enough to be credible
because it was done under court supervision and with the
added parameters usually observed in out-of-court
identifications. Significantly, no objections were raised over the
manner in which Escalante was identified, which, it must be
noted, was only resorted to because he failed to appear in
court for identification.
 Module 4, Lesson 4.4.5

CASE 4
• ROSALDES VS. PEOPLE
• OCTOBER 8, 2014
• GR 173988
 Module 4, Lesson 4.4.5

• The petitioner Felina Rosaldes, a public schoolteacher, was

charged and found guilty of child abuse punished under RA
7610.

It appears from the records that seven year old Michael Ryan
Gonzales, then a Grade 1 pupil, was hurriedly entering his
classroom when he accidentally bumped the knew of his
teacher, herein petitioner, who was then asleep on a bamboo
sofa. Petitioner asked Michael to apologize, the latter, however,
proceeded instead to his seat. Petitioner then pinched Michael
on his thigh, held him up by his armpits and pushed him to the
floor causing him to hit a desk and, consequently, losing his
consciousness. Petitioner proceeded to pick Michael by his
ears and repeatedly slammed him down on the floor.
 Module 4, Lesson 4.4.5

• Petitioner contends that she did not deliberately inflict the

physical injuries suffered by Michael to maltreat or malign
him in a manner that would debase, demean or degrade
his dignity and avers that her maltreatment is only an act
of discipline that she as a schoolteacher could reasonably
do towards the development of the child.
 Module 4, Lesson 4.4.5

• SSUE:
Is petitioner guilty of the crime of child abuse punishable
under RA 7610

HELD:
YES, petitioner Rosaldes is guilty of violation of RA 7610.
Although the petitioner, as a schoolteacher, could duly
discipline Michael Ryan as her pupil, her infliction of the
physical injuries on him was unnecessary, violent and
excessive. The boy even fainted from the violence
suffered at her hands.
 Module 4, Lesson 4.4.5

• In the crime charged against the petitioner, therefore, the

maltreatment may consist of an act by deeds or by words that
debases, degrades or demeans the intrinsic worth and dignity
of a child as a human being. The act need not be habitual. The
physical pain experienced by the victim had been aggravated
by an emotional trauma that caused him to stop going to school
altogether out of fear of the petitioner, compelling his parents to
transfer him to another school where he had to adjust again.
Such established circumstances proved beyond reasonable
doubt that the petitioner was guilty of child abuse by deeds that
degraded and demeaned the intrinsic worth and dignity of
Michael Ryan as a human being.

Hence, petitioner Rosaldes is guilty of the crime of child abuse

punished under RA 7610.
 Module 4, Lesson 4.4.5

CASE 5
• VAN CLIFFORD TORRES Y SALERA VS. P.P
• GR 206627
• JANUARY 18, 2017
 Module 4, Lesson 4.4.5

ISSUE: Whether or not the act of whipping a child three (3)

times in the neck with a wet t-shirt constitutes child abuse?
 Module 4, Lesson 4.4.5

• HELD:
• YES, the act constitute child abuse.

• Although it is not true that not every instance of laying hands

on the child constitutes child abuse, petitioner’s intention to
debase, degrade and demean the intrinsic worth and dignity of
a child can be inferred from the manner in which he committed
the act complained of.

• To note, petitioner used a wet tshirt to whip the child not just
once but three(3) times, Common sense and human
experience would suggest that hitting a sensitive body part,
such as the neck, with a wet tshirt could cause an extreme
amount of pain,especially so if it was done several times.
 Module 4, Lesson 4.4.5

• Such is a form of CRUELTY. Being smacked several

times in a public place is a humiliating and traumatizing
experience for all persons regardless of age. Petitioner,
as an adult, should have exercised restraint and self-
control rather than retaliate against a 14-year old child.
 Module 4, Lesson 4.4.5

CASE 5
• GEORGE BONGALON VS. PEOPLE OF THE
PHILIPPINES
• GR 169533
• MARCH 20, 2013
 Module 4, Lesson 4.4.5

• A public-school teacher (classroom adviser of a Grade 6

class) saw a Grade 11 senior high-School (SHS) student
throwing stones and hitting one of her Grade 6 students.
To protect her student, the teacher immediately
approached the Grade 11 student and hit the student at
his back and shouted: Mga hayop kamo, para dayo kamo
digdi. Iharap mo dito ama mo [You all animals, you are all
strangers here. Bring your father here].” The Grade 11
SHS student was brought to the hospital as he suffered
some contusions at his back. Is the teacher here guilty of
the crime of child abuse as defined under Section 3(b)
and in relation to Section 10(a) of Republic Act (RA) 7610,
otherwise known as Special Protection of Children
Against Abuse, Exploitation and Discrimination Act?
 Module 4, Lesson 4.4.5

• The laying of hand on the child was done at the spur of

the moment and in anger, indicative of his being then
overwhelmed by his fatherly concern for the personal
safety of his own child. With the loss of his self-control, he
lacked that specific intent to debase, degrade or demean
the intrinsic worth and dignity of a child as a human being
that was so essential in the crime of child abuse.
 Module 4, Lesson 4.4.5

• The distinction is very critical as the crime of child abuse

defined under Section 3(b) of RA 7610 is punishable with
imprisonment of six years and one day to eight years (of
prison mayor in its minimum period), while slight physical
injuries and maltreatment under the RPC is only
punishable with arresto menor which ranges from one day
to 30 days of imprisonment only.
Module 4, Lesson 4.4.5
 Module 4, Lesson 4.4.5

• “[n]ot every instance of the laying of hands on a child

constitutes the crime of child abuse under Section 10 (a)
of RA 7610. Only when the laying of hands is shown
beyond reasonable doubt to be intended by the accused
to debase, degrade 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 RPC.”
 Module 4, Lesson 4.4.5

• "'Lewd' is defined as obscene, lustful, indecent, and

lecherous. It signifies that form of immorality which has
relation to moral impurity; or that which is carried on a
wanton manner."44 As such, accused-appellant's act of
squeezing AAA's vagina was a lewd and lascivious act
within the definitions set by law and jurisprudence
 Lesson Objectives:
After this lesson, the participants will be able
to:

• Discuss the terms Children and Child

Abuse, as well as enumerate types of
Child Abuse.

• Explain the circumstances which gravely

threaten or endanger the survival and
normal development of children.

• Define Child Prostitution, attempted child

prostitution their acts and penalties.
Lesson Objectives: (Cont.)

• Explain Child trafficking, attempted

trafficking and its penalty.

• Enumerate the acts that constitute to

children in Obscene Publications and
Indecent Shows and their penalties.
Lesson Objectives: (Cont.)

• Enumerate the Other Acts of Neglect,

Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's
Development and their penalties.

• Cite the conditions for employment of a

child.

• State the prohibitions in employment of

children and its corresponding penalty.
Lesson Objectives: (Cont.)

• Enumerate the policies in handling

children in armed conflict.

• State the rights of children arrested for

reasons related to armed conflict.

• Explain the salient points of Children

Affected by Armed Conflict/ Grave Child
Rights Violations (EO No. 56).
Scope of Presentation
• Background

• Definition of Terms

• Circumstances which gravely threaten or

endanger children
• Child Prostitution and other Sexual Abuse
and Attempt to commit
• Child Trafficking and Attempted Trafficking

• Obscene Publication and other acts of

abuse
Scope of Presentation
• Employment and Prohibition in the
Employment of children

• Children in Situations of Armed Conflict

• Rights of Children arrested for reasons

related to Armed Conflict

• Protective Custody of Child and

Confidentiality

• Children as Zones of Peace (EO NO. 56)

Background:
 Policy of the State to provide special
protection to children from all forms of abuse,
neglect, cruelty exploitation and
discrimination and other conditions,
prejudicial to their development.

 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.
Background: (Cont.)
 State shall intervene when such acts are
committed by the said parent, guardian,
teacher or person having care and custody
of the same .

 Protect and rehabilitate children gravely

threatened or endangered by
circumstances.

 The best interests of children shall be the

paramount consideration.
I. Definition of Terms:
 Children
- persons below 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.
Definition of Terms: (Cont.)
 Child abuse
The maltreatment, whether habitual or
not, of the child which includes any of 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;
Child Abuse (Cont.)
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.
Discussion on (b)
• Child abuse does not only pertain to physical abuse but to
all other forms of abuse that tends to degrade a child’s
intrinsic worth and dignity. Although the Law has all the
good intention to deter child abuse in the country, it
cannot be denied that this has been wrongfully used
against the school administrators and teachers.
• Because of the extensive scope of the Law, that it even
includes Psychological Abuse, it now narrowly delineates
the line between child abuse and discipline. Psychological
abuse or emotional abuse is an assault on the child’s
psyche, just as physical abuse is an assault on child’s
body. 3 Experts tell us that Psychological Abuse against
children has a prolonged effect, if not permanent, than
physical abuse. There are varied forms of psychological
abuse, which may include ignoring, rejecting, isolating a
child and the most common is subjecting a child to verbal
assault, i.e., shaming, ridiculing, threatening and belittling.
What makes it more perplexing is the difficulty of detecting
it.
• a child was caught in possession of illegal drugs, after
investigation the school administrator was constrained to
expel the child. According to the parent, the school
administrator uttered harsh words while disciplining the
child and that caused the latter emotional trauma. In
another case, the child was caught spreading rumors
against her classmates, the principal called the child to
remind her the values of honesty and respect and
thereafter the child withdrew from school. In both cases,
the parents of these children retaliated by filing a criminal
case for child abuse for violating RA 7610. And
sometimes I wonder is it really the child who felt ridiculed
or the parents as they felt they reneged on their duty to
discipline their child?
• Priests, nuns, and teachers are charged with criminal offense
of child abuse by simply performing their obligation of instilling
discipline among their students. They are subpoenaed by the
Office of the Prosecutor to attend the Preliminary Investigation,
where the prosecutor will determine whether or not there is
probable cause that child abuse has been committed and that
the person charged, the priest, nun or teacher, is probably
guilty thereof. And mind you, the prosecutor only needs a
probable cause to elevate the case to the Court, meaning the
existence of such facts and circumstances as would lead a
person of ordinary caution and prudence to entertain an honest
and strong suspicion, that the person charged is guilty of the
crime for which he is sought to be prosecuted. Being based
merely on opinion and reasonable belief, it does not import
absolute certainty. 4
• The act perpetuated against a child, to be considered as a
form of abuse, must be deliberate and with the intention to
demean his/her intrinsic worth.
• insofar as child abuse cases are concerned, the “intent to
degrade or demean the intrinsic worth and dignity of a
child as a human being” is an essential element to
constitute the crime. Therefore, in psychological abuse,
the words or acts directed to child must be calculated to
degrade and demean a child’s intrinsic worth as a human
being.
II. Circumstances which gravely
threaten or endanger children:
• Being in a community where there is
armed conflict or being affected by armed
conflict-related activities;

• Working under conditions hazardous to

life, safety and normal which unduly
interfere with their normal development;
Circumstances which gravely threaten or endanger
children: (Cont.)
• Living in or fending for themselves in the
streets without the care of parents or a
guardian or basic services needed for a good
quality of life;

• 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;
Circumstances which gravely threaten or endanger
children: (Cont.)

• Being a victim of a man-made or natural

disaster or calamity; or

• Circumstances analogous to those above

stated which endanger the life, safety or
normal development of children.
III. 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.
Other Sexual Abuse;
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;
Other Sexual Abuse; (Cont.)
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.
 Other Sexual Abuse; (Cont.)
B. Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject to
other sexual abuse;

C. Those who derive profit or advantage there

from, whether as manager or owner of the
establishment where the prostitution takes
place.
Attempt To Commit Child
Prostitution:
A. Whereof when any person who, 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 establishments;
`
Attempt To Commit Child Prostitution;
(Cont.)
B. When any person is receiving services from
a child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments.
IV. 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,
Attempt To Commit Child Trafficking:

A. Child travels alone to a foreign country

without valid reason and without clearance
issued by DSWD or written permit from the
child's parents or legal guardian.

B. Recruitment of women or couples to bear

children for the purpose of child trafficking.
Attempt To Commit Child Trafficking; (Cont.)
C. Simulates birth for the purpose of child
trafficking.

D. Engaging in the act of finding children

among low-income families, hospitals,
clinics, nurseries, day-care centers, or
other child-during institutions for the
purpose of child trafficking.
V. OBSCENE PUBLICATIONS
AND INDECENT SHOWS
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.
Other Acts of Neglect, Abuse, Cruelty
or Exploitation
 Other acts of child abuse, cruelty or
exploitation.

 Keep or have in his company a minor,

12 years or under or who is 10 years or
more his junior in any public or private
place (hotel, motel, etc.). (Ex: Police
accuse Italian ambassador of human trafficking
and child abuse, Apr 7, 2014)
Other Acts of Neglect, Abuse, Cruelty
or Exploitation; (Cont.)
 Induce, deliver or offer a minor to any
one.

 Owner, manager or one entrusted with

the operation of any public or private
place who allows any person to take
along with him to such place or places
any minor.
Other Acts of Neglect, Abuse, Cruelty
or Exploitation; (Cont.)
 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,

VI. EMPLOYMENT OF CHILDREN
Children below 15 years of age may be
employed under the following
circumstances:

 Child works directly under the sole

responsibility of his parents or legal
guardian.

 Child's employment in public &

entertainment through cinema, theater,
radio or television is essential.
Hours of Work of a Working Child
(RA 9231)
Age Total number of Working hours Not be
working hours allowed to
work

Below 15 not more than 20 not more than 4 8:00 PM to

hours a week hours a day 6:00 AM

15 years 40 hours a week not more than 8 10:00 PM to

but below hours a day 6:00 AM
18
Prohibition on the Employment of
Children
No person shall employ child models in all
commercials or advertisements promoting
alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence.
Children of Indigenous Cultural
Communities
• Shall be entitled to protection, survival
and development consistent with the
customs and traditions of their respective
communities.

• Shall not be subjected to any and all

forms of discrimination.
VII. CHILDREN IN SITUATIONS OF
ARMED CONFLICT
A.Children as Zones of Peace
To attain this following policies shall be
observed:

1. Children shall not be the object of attack;

(Except:Doctrine of Self-Defense)

2. Children shall not be recruited to become

members of AFP or other armed groups,
nor be allowed to take part in the fighting,
or used as guides, couriers, or spies;
A.Children as Zones of Peace (Cont.)
3. Delivery of basic social services and
emergency relief services shall be kept
unhampered;

4. The safety and protection of those who

provide services both government and
non-government institutions shall be
ensured;
A.Children as Zones of Peace (Cont.)
5. Public infrastructure such as schools,
hospitals and rural health units shall not
be utilized for military purposes;

6. All appropriate steps shall be taken to

facilitate the reunion of families
temporarily separated due to armed
conflict.
B. Evacuation of Children during Armed
Conflict
• Children shall be given priority during
evacuation as a result of armed conflict.

• Community organizations shall be tapped to

look after the safety and well-being of children
during evacuation operations.
VIII. RIGHTS OF CHILDREN ARRESTED
DUE TO ARMED CONFLICT
• Separate detention from adults;

• Immediate free legal assistance;

• Immediate notice of such arrest to the

parents or guardians of the child; and

• Release of the child on recognizance within

24 hours to the DSWD or any member of the
community as determined by the court.
IX. PROTECTIVE CUSTODY OF THE CHILD

Shall be immediately placed under the

protective custody of the DSWD pursuant to
Executive Order No. 56, series of 1986.
PROTECTIVE CUSTODY OF THE CHILD:
(Cont.)
• Confidentiality
The offended party’s name may be
withheld from the public.

Unlawful to cause undue and

sensationalized publicity which results in the
moral degradation and suffering of the
offended party.
X. EXECUTIVE ORDER NO. 56
(Children Affected by Armed Conflict/
Grave Child Rights Violations )
• Children as zones of peace.

• The 1990 United Nations Convention on

the Rights of the Child (UNCRC) prohibits
the recruitment of children in armed conflict
and calls the adoption of measures to
ensure the protection and care of children
affected by armed conflict;
EXECUTIVE ORDER NO. 56; (Cont.)
• Office of the Presidential Adviser on the
Peace Process (OPAPP) is hereby directed
to serve as lead agency in coordinating
and monitoring the implementation of this
Program.

• National government agencies shall

develop their respective annual plans,
programs and projects consistent with the
Comprehensive Program Framework and
in accordance with their mandates.
 REMEDIAL
PROCEDURES:
Section 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;1awphi1@ITC
• (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.
QUESTIONS????
Summary
After this lesson, we learned:

Children and Child Abuse

Types of Child Abuse.

Circumstances which gravely threaten or

endanger the survival and normal
development of children.

Child Prostitution, Attempted Child

Prostitution and penalties.
Summary
Child trafficking, Attempted Trafficking and
its penalty.

Children in Obscene Publications and

Indecent Shows and their penalties.

Other Acts of Neglect, Abuse, Cruelty or

Exploitation and Other Conditions
Prejudicial to the Child's Development.

Conditions and prohibitions for

employment of a child.
Summary
Policies in handling children in armed
conflict.

Rights of children arrested for reasons

related to armed conflict.

Salient points of Children Affected by

Armed Conflict/ Grave Child Rights
Violations (EO No. 56).
Take Home Research:
Format: Typewritten in LEGAL SIZE
PLASTIC (Clear Folder)
To be submitted on or before June 20, 2018
LAWYERS:
Digest 10 Child Abuse Cases – SC decisions from 2010-
18/ no duplication
CLASS:
1. What are the common child abuse cases in your
respective jurisdiction? Cite actual cases handled o
known.
2. What possible measures should be undertaken by the
PNP to strictly enforce and prosecute violators?What “
loopholes” have you encountered in Ra 7610 that is
difficult as law enforcer?
3. In your capacity as an OFFICER, what possible steps
can you undertake to help eradicate or minimize Child
Abuse Cases. Name some best practices in PNP that
can be used as a model.
ATTY. FE EDITHA HERNANDEZ-ORONICO
09253100774/0977-3107011
Email“: atty.edith_oronico@yahoo.com

Office Address:
GROUND FLOOR, GERARD BUILDING
J. P. RIZAL AVENUE( Mahogany Avenue)
BRGY.KAYBAGAL SOUTH, TAGAYTAY CITY
QUIZ:
A. What child abuses cases are you familiar with in your
community? Cite specific instance.
B. Do you think our law RA 7610 is sufficient to strictly
achieve the purpose of the law? What other provisions
need to be strengthened, added or revised?
C. As a police officer, how will you be an ambassador to
battle the CHILD ABUSE? As a civilian, what can you
do to help?
D. Cite suggested reforms needed in the PNP process to
implement effectively Child Abuse Law.