Ra 7610
Ra 7610
Ra 7610
ARTICLE I
Title, Policy, Principles and Definitions of Terms
SECTION 1. Title. — This Act shall be known as the "Special Protection
of Children Against Abuse, Exploitation and Discrimination Act."
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 forms 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. Cdpr
ARTICLE II
A penalty lower by 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.
ARTICLE V
Obscene Publications and Indecent Shows
SECTION 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.
(a) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or 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 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 shall suffer the
penalty of prision mayor in its maximum period and a fine of not
less than Fifty thousand pesos (P50,000): 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.
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(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); 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), and the loss of parental authority over the minor.
(e) Any person who shall use, coerce, force or intimidate a street
child or any other child to;
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 Article 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 of
age.
The victim of the acts committed under this section shall be entrusted to
the care of the Department of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
SECTION 11. Sanctions for Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting Child Prostitution and
Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows,
and Other Acts of Abuse. — All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be immediately
closed and their authority or license to operate cancelled, without prejudice to
the owner or manager thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws. A sign with the words "off
limits" shall be conspicuously displayed outside the establishments or enterprises
by the Department of Social Welfare and Development for such period which
shall not be less than one (1) year, as the Department may determine. The
unauthorized removal of such sign shall be punishable by prision correccional.cdasia
(a) The employer shall ensure the protection, health, safety and
morals of the child;
In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the above
requirement.
(a) Children shall not be the object of attack and shall be entitled to
special respect. They shall be protected from any form of threat,
assault, torture or other cruel, inhumane or degrading treatment;
ARTICLE XI
Remedial Procedures
SECTION 27. Who May File a Complaint . — Complaints on cases of
unlawful acts committed against children as enumerated herein may be filed by
the following:
(a) The penalty provided under this Act shall be imposed in its
maximum period if the offender has been previously convicted
under this Act;
(e) The penalty provided for in this Act shall be imposed in its
maximum period if the offender is a public officer or employee:
Provided, however, That if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of perpetual or
temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also
be imposed; and
ARTICLE XIII
Final Provisions
SECTION 32. Rules and Regulations . — Unless otherwise provided in
this Act, the Department of Justice, in coordination with the Department of Social
Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two
(2) national newspapers of general circulation.
SECTION 33. Appropriations. — The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and thereafter.
SECTION 34. Separability Clause. — If any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not affected
thereby shall continue in full force and effect.
Published in Malaya and the Philippine Times Journal on June 20, 1992. Published in
the Official Gazette, Vol. 88 No. 30 page 4851 on July 27, 1992.