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Special Penal Laws

LECTURE NOTES NO. 3

SPL No. 9 – Anti-Hazing Act
SPL No. 10 – Juvenile Justice and Welfare Act of 2006
SPL No. 11 - RA11648 – Amending the age of consent for Rape and Child-abuse
SPL No. 12 – RA7610 - Special Protection of Children Against Abuse, Exploitation and
Discrimination Act."
SPL No. 13 – RA9775 – Anti-Child Pornography Act

SPL NO. 9:

ANTI-HAZING ACT OF 2018

(RA 8049, AS AMENDED BY RA 11053)

DATE OF ENACTMENT: June 29, 2018

WHAT IS HAZING?
• Hazing is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte
or applicant in some embarrassing or humiliating situations such as forcing him to
do menial, silly, foolish and other similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or injury (Sec. 1, RA 8049).
• It involves any act that results in PHYSICAL or PSYCHOLOGICAL suffering, harm or
injury.
• Physical acts include, but not limited to, paddling, whipping, beating, branding,
forced callisthenic, exposure to the weather, forced consumption of any food, liquor,
beverage, drug or other substance, or any other brutal treatment or forced physical
activity which is likely to adversely affect the physical and psychological health of
such recruit, neophyte, applicant or member.
• This shall also include any activity, intentionally made or otherwise, by one person
alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or
endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly,
or foolish tasks.

WHO ARE COVERED/PROTECTED BY THIS ACT?

1. Recruit
2. Neophyte
3. Applicant
4. Member

WHAT ARE THE INSTITUTIONS/ORGANIZATIONS COVERED BY THIS LAW?

1. Club
2. Association
3. Group
4. fraternity, and
5. sorority.
6. Armed Forces of the Philippines (AFP)
7. Philippine National Police (PNP)
8. Philippine Military Academy (PMA)
9. Philippine National Police Academy (PNPA),
10. Other similar uniformed service learning institutions.

WHAT IS THE PROHIBITION ON HAZING?

• All forms of hazing shall be prohibited in fraternities, sororities, and organizations in
schools, including citizens' military training and citizens' army training. This
prohibition shall likewise apply to all other fraternities, sororities, and organizations
that are not school-based, such as community-based and other similar fraternities,
sororities and organizations:

WHAT ARE THE ACTIVITIES NOT CONSIDERED AS “HAZING”?

1. Those conducted by “organizations” which shall include any club or the AFP, PNP,
PMA, or officer and cadet corp. of the Citizen's Military Training and CAT. The
physical, mental and psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness of prospective
regular members of the AFP and the PNP as approved by the Secretary of National

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Defense and the National Police Commission duly recommended by the Chief of Staff,
AFP and the Director General of the PNP.
2. That the exemption provided herein shall likewise apply to similar procedures and
practices approved by the respective heads of other uniformed learning institutions
as to their prospective members.
3. Any customary athletic events or other similar contests or competitions or any
activity or conduct that furthers a legal and legitimate objective, subject to prior
submission of a medical clearance or certificate.

IS SCHOOL BASED INITIATION RIGHTS ALLOWED?

Yes. Procedures to be taken for allowed an initiation
1. Written notice must be given to the school authorities or head of organization seven (7)
days prior to the conduct of initiation.
2. The written notice must indicate:
a) That the period of initiation activities will not exceed three (3) days,
b) The names of those to be subjected to such activities, and
c) An undertaking that no physical violence be employed

Two (2) representatives of the school or organization must be assigned to be present

during the initiation; they shall ensure that no physical harm will be inflicted (Sec.
2, RA 8049).

WHO IS LIABLE AS PRINCIPAL?

a) The officers and members of the fraternity, sorority or organization who actually
planned or participated in the infliction of physical harm;
b) The parents of the officer or member of the fraternity, sorority or organization, when
they have actual knowledge of the hazing conducted in their home but failed to take
any action to prevent the same from occurring; and
c) The officers, former officers or alumni of the organization, group, fraternity or sorority
who actually planned the hazing although not present when the acts constituting
hazing were committed (Sec. 4, RA 8049)
d) The owner or lessee of the place where hazing is conducted shall be liable as principal
when such owner or lessee has actual knowledge of the hazing conducted therein but
failed to take any action to prevent the same from occurring or failed to promptly
report the same to the law enforcement authorities if they can do so without peril to
their person or their family.
e) If the hazing is held in the home of one of the officers or members of the fraternity,
sorority, or organization, the parents shall be held liable as principals and penalized
when they have actual knowledge of the hazing conducted therein but failed to take
any action to prevent the same from occurring or failed to promptly report the same
to the law enforcement authorities if such parents can do so without peril to their
person or their family.

WHAT IS THE PRESUMPTION OF THE LAW REGARDING PARTICIPATION IN HAZING

ACTIVITY?
• The presence of any person during the hazing is prima facie evidence of participation
therein as principal, UNLESS he prevented the commission of the acts punishable
therein.

WHO ARE LIABLE AS ACCOMPLICE?

a. The school authorities including faculty members who consent to the hazing or who
have actual knowledge thereof, but failed to take any action to prevent the same from
occurring (Sec. 4, RA 8049).

WHAT IS NATURE OF ANTI-HAZING LAW? Recognizing the malum prohibitum

characteristics of hazing, the law provides that any person charged with the said crimes
a. Shall not be entitled to the mitigating circumstance that there was no intention to
commit so grave a wrong.
b. Consent of the victim shall not be a defense in hazing.

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SPL NO. 10

JUVENILE JUSTICE AND WELFARE ACT OF 2006

DATE ENACTED: April 28, 2006

SALIENT TERMS

• "Best Interest of the Child" refers to the totality of the circumstances and conditions
which are most congenial to the survival, protection and feelings of security of the
child and most encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.
• "Child" refers to a person under the age of eighteen (18) years.
• "Child at Risk" refers to a child who is vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances, such as, but
not limited to, the following:

(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are
unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.

• "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
• "Diversion" refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational background without
resorting to formal court proceedings.
• "Diversion Program" refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without resorting
to formal court proceedings.
• "Intervention" refers to a series of activities which are designed to address issues
that caused the child to commit an offense. It may take the form of an individualized
treatment program which may include counseling, skills training, education, and
other activities that will enhance his/her psychological, emotional and psycho-social
well-being.
• "Juvenile Justice and Welfare System" refers to a system dealing with children at
risk and children in conflict with the law, which provides child-appropriate
proceedings, including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and
development.
• "Status Offenses" refers to offenses which discriminate only against a child, while
an adult does not suffer any penalty for committing similar acts. These shall include
curfew violations; truancy, parental disobedience and the like.

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MINIMUM AGE OF CRIMINAL RESPONSIBILITY LIABILITY TREATMENT

CRIMINAL LIABILITY CIVIL LIABILITY

Below 15 years old at the time
of the commission of the EXEMPT but subject to LIABLE
offense intervention program

Above 15 but below 18 years

old, acting WITHOUT
discernment at the time of the EXEMPT but subject to LIABLE
commission of the offense. intervention program
Above 15 but below 18 years
old, acting WITH discernment
at the time of the commission DIVERSION LIABLE
of the offense
Above 18 years old at the time
of the commission of the LIABLE LIABLE
crime.

WHAT IS DISCERNMENT?
• Discernment means the capacity of the child at the time of the commission of the
offense to understand the difference between right and wrong and the consequences
of the wrongful act.

WHAT IS THE RULE ON AUTOMATIC SUSPENSION?

Automatic suspension of sentence as provided for in Sec. 38 of RA 9344.

• Once the child who is under 18 years of age at the time of the commission of the
offense is found guilty of the offense charged, the court shall determine and ascertain
any civil liability which may have resulted from the offense committed. However,
instead of pronouncing the judgment of conviction, the court shall place the
child in conflict with the law under suspended sentence, without need of
application
• Provided, however, that suspension of sentence shall still be applied even if the
juvenile is already 18 years of age or more at the time of the pronouncement of
his/her guilt.
• Upon suspension of sentence and after considering the various circumstances of the
child, the court shall impose the appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law (A.M. No. 02-1-18-SC,
November 24, 2009).
• NOT APPLICABLE -- No suspension of sentence when the accused was a minor
during the commission of the crime and was already beyond the age of 21yrs. old at
the time of pronouncement of his guilt.
• While Sec. 38 of RA No. 9344 provides that suspension of sentence can still be applied
even if the child in conflict with the law is already eighteen (18) years of age or more
at the time of the pronouncement of his/her guilt, Section 40 of the same law limits
the said suspension of sentence until the child reaches the maximum age of 21.
Hence, the accused, who is now beyond the age of twenty-one (21) years can no longer
avail of the provisions of Sections 38 and 40 of RA 9344 as to his suspension of
sentence, because such is already moot and academic (People v. Mantalaba, G.R. No.
186227, July 20, 2011 reiterating People v. Sarcia).

WHAT IS PRESUMPTION OF MINORITY?

• The child in conflict with the law shall enjoy the presumption of minority. The child
shall enjoy all the rights of a child in conflict with the law until he/she is proven to
be eighteen(18) years old or older.

PROOF OF AGE/HOW IS AGE DETERMINED?

1. Birth certificate;
2. Baptismal certificate; and
3. Any other pertinent documents.

NOTE: In the absence of these documents, age may be based on information from
the child himself/herself, testimonies of other persons, the physical appearance of
the child and other relevant evidence. In case of doubt as to the age of the child, it
shall be resolved in his/her favor.

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WHAT HAPPENS TO CHILD WHO COMMITTED SERIOUS CRIMES?

• A child who is above 12 up to 15 years of age and who commits parricide, murder,
infanticide, kidnapping, and serious illegal detention where the victim is killed or
raped, robbery and other heinous crimes punishable by more than 12 years of
imprisonment shall be deemed a neglected child and shall be mandatorily placed in
a special facility within the youth care faculty or “Bahay Pag-asa” called the Intensive
Juvenile Intervention and Support Center (IJISC).

WHAT ARE THE OFFENSES NOT APPLICABLE TO CHILDREN? Persons below eighteen
(18) years of age shall be exempt from prosecution for the crime of:
i. Vagrancy and prostitution under Sec. 202 of RPC. NOTE: Under RA
10158, Vagrancy has been decriminalized but prostitution is still a
crime. It was excluded from decriminalization under RA 10158.
ii. Sniffing of rugby under Presidential Decree No. 1619
iii. Mendicancy (PD 1536)
iv. Under Sec 59 with regard to exemption from the application of death
penalty.

WHAT ARE THE PUNISHABLE ACTS?

• The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social, spiritual, moral and physical
health and well-being of the child in conflict with the law and therefore, prohibited:

1. Employment of threats of whatever kind and nature;

2. Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
3. Employment of degrading, inhuman end cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing him/her to walk around the
community wearing signs which embarrass, humiliate, and degrade his/her
personality and dignity; and
4. Compelling the child to perform involuntary servitude in any and all forms under
any and all instances (Sec. 61, RA 9344).

WHAT IS THE RESPONSIBILITY OF THE LAW ENFORCER UPON TAKING THE CHILD
INTO CUSTODY?

• Procedure for Taking the Child into Custody. - From the moment a child is taken
into custody, the law enforcement officer shall:

(a) Explain to the child in simple language and in a dialect that he/she can
understand why he/she is being placed under custody and the offense that
he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
(c) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments
of force or restraint, unless absolutely necessary and only after all other
methods of control have been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint
than is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension. The social welfare and
development officer shall explain to the child and the child's parents/guardians
the consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate;
(j) Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. The examination results shall be
kept confidential unless otherwise ordered by the Family Court. Whenever the
medical treatment is required, steps shall be immediately undertaken to provide
the same;
(k) Ensure that should detention of the child in conflict with the law be necessary,
the child shall be secured in quarters separate from that of the opposite sex and
adult offenders;
(l) Record the following in the initial investigation:

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1. Whether handcuffs or other instruments of restraint were used, and if so,

the reason for such;

2. That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and

3. The exhaustion of measures to determine the age of a child and the precise
details of the physical and medical examination or the failure to submit a child
to such examination; and

(m) Ensure that all statements signed by the child during investigation shall be
witnessed by the child's parents or guardian, social worker, or legal counsel in
attendance who shall affix his/her signature to the said statement.

NOTE: A child in conflict with the law shall only be searched by a law enforcement
officer of the same gender and shall not be locked up in a detention cell.

WHAT IS A DIVERSION PROGRAM? Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings subject to the conditions herein
provided:

(a) Where the imposable penalty for the crime committee is not more than six (6)
years imprisonment, the law enforcement officer or Punong Barangay with the
assistance of the local social welfare and development officer or other members
of the LCPC shall conduct mediation, family conferencing and conciliation and,
where appropriate, adopt indigenous modes of conflict resolution in accordance
with the best interest of the child with a view to accomplishing the objectives of
restorative justice and the formulation of a diversion program. The child and
his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with
the child and his/her parents or guardians for the development of the
appropriate diversion and rehabilitation program, in coordination with the
BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.

WHERE ARE THE STAGES OF DIVERSION BE CONDUCTED? Diversion may be

conducted at the Katarungang Pambarangay, the police investigation or the inquest or
preliminary investigation stage and at all 1evels and phases of the proceedings including
judicial level.

WHAT ARE THE FACTORS IN DETERMINING DIVERSION PROGRAM? In determining

whether diversion is appropriate and desirable, the following factors shall be taken into
consideration:

(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.

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WHAT ARE THE KINDS OF DIVERSION PROGRAM?

• Kinds of Diversion Programs. - The diversion program shall include adequate

socio-cultural and psychological responses and services for the child. At the different
stages where diversion may be resorted to, the following diversion programs may be
agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;

1. Attendance in trainings, seminars and lectures on:

(a) anger management skills;

(b) problem solving and/or conflict resolution skills;
(c) values formation; and
(d) other skills which will aid the child in dealing with
situations which can lead to repetition of the offense;

2. Participation in available community-based programs, including

community service; or
3. Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a)and (b) above;

(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.

CAN THE CICL RETURN TO THE COURT? If the court finds that the objective of the
disposition measures imposed upon the child in conflict with the law have not been fulfilled,
or if the child in conflict with the law has willfully failed to comply with the conditions of
his/her disposition or rehabilitation program, the child in conflict with the law shall be
brought before the court for execution of judgment.

If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child in accordance
with this Act, to order execution of sentence, or to extend the suspended sentence for a
certain specified period or until the child reaches the maximum age of twenty-one (21) years.

HOW IS THE CICL DISCHARGE? Upon the recommendation of the social worker who has
custody of the child, the court shall dismiss the case against the child whose sentence has
been suspended and against whom disposition measures have been issued, and shall order
the final discharge of the child if it finds that the objective of the disposition measures have
been fulfilled. The discharge of the child in conflict with the law shall not affect the civil
liability resulting from the commission of the offense, which shall be enforced in accordance
with law.

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SPL NO. 11

RA11648. AN ACT PROMOTING FOR STRONGER PROTECTION

AGAINST RAPE AND SEXUAL EXPLOITATION AND ABUSE,
INCREASING THE AGE FOR DETERMINING THE COMMISSION OF
STATUTORY RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL
CODE," REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI-
RAPE LAW OF 1997," AND REPUBLIC ACT NO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATION ACT"

DATE ENACTED: MARCH 04 2022

SOME IMPORTANT BACKGROUND OF RAPE AS A CRIME:

RAPE AS A PUBLIC CRIME:

• RAPE is considered as a public crime since 1997.
• WHO CAN FILE? Any person who has the KNOWLEDGE of the crime may file a
complaint; consequently, even if the victim withdraws her complaint, the government
(i.e. the police, prosecutor, fiscal, etc..) may proceed with the case.

HOW IS RAPE COMMITTED?

CARNAL KNOWLEDGE with a WOMAN SEXUAL ASSAULT

• Force, threat, and intimidation • Inserting his penis into the

• Deprive of reason/unconscious Mouth/Anal Orifice
• Fraudulent machinations/grave abuse of • Any other instrument or object into
authority the genital or anal orifice of
• Under 16 years of age (formerly 12 y/o) or ANOTHER PERSON.
demented

RA 11648, an act providing for stronger protection against rape and sexual exploitation and
abuse, amended RA 8353 of 1997 by raising the age of sexual consent from 12 to 16 years
to further shield minors from rape and other acts of sexual abuse.
• In this case, even the absence of struggle or outcry of the victim or even her
passive submission to the sexual act will not mitigate nor absolve the accused from
liability. Thus, carnal knowledge of a child below 12 years old (now 16 y/o), under
the old laws, is considered rape despite the child’s ostensible giving of consent to the
act.
• In simpler terms, the general rule now is that a person under 16 years of age, or a
person who has not yet celebrated his or her 16th birthday, cannot validly give
consent to sexual activities, such that any person who has any form of sexual
relations with the former can be charged with rape

NO CRIMINAL LIABILITY: No criminal liability on the part of a person having sexual

intercourse with another person under 16 years old but not younger than 13 years old when
their age difference is
1. not more than three years and
2. the sexual act in question is proven to be consensual, non-abusive, and non-exploitative.

EFFECTS OF PARDON: There can be no valid marriage between an offender and any child
victim as the Family Code mandates that marriage may only be entered into when the parties
to the
a) marriage are at least 18 years old and
b) consent of their parents.

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SPL No. 12

RA7610: "Special Protection of Children Against Abuse,

Exploitation and Discrimination Act."

DATE ENACTED: June 17, 1992.lawphi1Ÿ

WHO IS A CHILD UNDER THIS LAW? Children refer to:
a. Persons below eighteen (18) years of age; or
b. 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 (Sec. 3(a), RA 7610).

WHAT IS 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
(Sec. 3(b),RA 7610).

WHAT ARE THE PUNISHABLE ACTS UNDER RA 7610?

1. Child prostitution and other sexual abuse (Sec. 5); and
2. Child trafficking (Sec. 7). Child prostitution Children, whether male or female, are
deemed to be exploited in prostitution and other sexual abuse when, for money,
profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, they indulge in sexual intercourse or lascivious conduct.

NOTE: RA 7610 recognizes the existence of a male prostitute as a victim and not an
offender (Sec. 5).

WHO ARE PERSONS LIABLE FOR CHILD PROSTITUTION?

1. Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
a) Acting as a procurer of a child prostitute;
b) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means;
c) Taking advantage of influence or relationship to procure a child as prostitute;
d) Threatening or using violence towards a child to engage him as a prostitute;
or
e) Giving monetary consideration goods or other pecuniary benefit to a child
with intent to engage such child in prostitution.

2. Those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the
victim is under twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of the Revised Penal Code, for rape
or lascivious conduct, as the case may be; and

3. 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.

INSTANCES WHEN THERE IS AN ATTEMPT TO COMMIT CHILD PROSTITUTION

1. 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, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is about
to be exploited in prostitution and other sexual abuse.
2. Any person is receiving services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments (Sec. 6, RA 7610).

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3. WHEN IS THERE CHILD TRAFFICKING?

• There is child trafficking when any person engages 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 (Sec. 7, RA 7610).

WHEN IS THERE AN ATTEMPT TO COMMIT CHILD TRAFFICKING? There is an attempt

to commit child trafficking:

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 person, agency, establishment or child-caring institution recruits women or

couples to bear children for the purpose of child trafficking;

c. 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

d. 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 (Sec. 8, RA 7610).

WHO ARE PERSONS LIABLE FOR OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR
EXPLOITATION AND OTHER CONDITIONS PREJUDICIAL TO THE CHILD'S
DEVELOPMENT?

a) Any person who shall commit any other acts of child abuse, cruelty or exploitation
or to be responsible for other conditions prejudicial to the child's development;

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

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;

d) Any person, owner, manager or one entrusted 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 to such
place or places any minor herein described; or
e) Any person who shall use, coerce, force or intimidate a street child or any other
child to;
a) Beg or use begging as a means of living;
b) Act as conduit or middlemen in drug trafficking or pushing; or
c) Conduct any illegal activities (Sec. 10, RA 7610)

WHAT IS “COMPREHENSIVE PROGRAM AGAINST CHILD ABUSE, EXPLOITATION AND

DISCRIMINATION”? This refers to the coordinated program of services and facilities to
protected children against:
1. Child Prostitution and other sexual abuse;
2. Child trafficking;
3. Obscene publications and indecent shows;
4. Other acts of abuses; and circumstances which threaten or endanger the survival
and normal development of children.

HOW DO YOU DIFFERENTIATE RAPE UNDER ART. 266-A UNDER RPC from SECTION
5(1) of RA7610?

RAPE SECTION 5(1) of RA 7610 (Sexual abuse)

Offender is a man Offender is a man
Carnal knowledge of a woman Indulges in sexual intercourse with a female
child exploited in prostitution or other
sexual abuse, who is 12 years old or below
18 years old or above 18 years under special
circumstances

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Through force, threat or intimidation when Coercion or influence of any adult,

the offended party is deprived of reason or syndicate, or group is employed against the
otherwise unconscious; or by means of child to become a prostitute.
fraudulent machination or grave abuse of
authority.

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SPL NO. 13

RA9775: Anti-Child Pornography Act of 2009."

DATE ENACTED: November 17, 2009

WHO IS A CHILD UNDER THIS ACT?

Child refers to a person:

a. Below 18 years of age; or
b. Over 18 years of age, but is unable to fully take care of himself/herself from
abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition (par. 1, Sec. 3(a,) RA 9775).

A child shall also refer to:

a) A person regardless of age who is presented, depicted or believed to be a child
as defined herein
b) Computer-generated, digitally or manually crafted images or graphics of a
person who is represented or who is made to appear to be a child as defined
herein (par. 2, Sec. 3(a), RA 9775).

WHAT IS CHILD PORNOGRAPHY?

• Child pornography refers to any public or private representation, whether visual,
audio, or written combination thereof, by electronic, mechanical, digital, optical,
magnetic or by whatever means, of a child engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a child primarily for sexual
purposes (Sec. 3(b), RA 9775).

WHAT EXPLICIT SEXUAL ACTIVITY? Explicit sexual activity refers to actual or simulated:
1. Sexual intercourse or lascivious act including, but not limited to, contact
involving genital to genital, oral to genital, anal to genital or oral to anal,
whether between persons of the same or opposite sex;
2. Bestiality;
3. Masturbation;
4. Sadistic or masochistic abuse;
5. Exhibition of the genitals, buttocks, breast, pubic area and/or anus; or
6. Use of any object or instrument for lascivious acts (Sec. 3(c), RA 9775).

WHAT IS THE MEANING OF “Primarily sexual purposes”?

It refers to purposes which will fulfill all the following conditions:
1. The average person applying contemporary community standards would find the
work taken as a whole appealing to prurient interest and satisfying only the market
for gratuitous sex and violence;
2. The work depicts or describes sexual conduct in a patently offensive way; and
3. The work taken as a whole imbued within its context, manner or presentation,
intention and culture, lascivious, literary, artistic, political and scientific value.

WHAT ARE THE PUNISHABLE ACTS?

1. To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of child pornography;
2. To produce, direct, manufacture or create any form of child pornography and child
pornography materials;
3. To sell, offer, advertise and promote child pornography and child pornography
materials;
4. To possess, download, purchase, reproduce or make available child pornography
materials with the intent of selling or distributing them;
5. To publish, post, exhibit, disseminate, distribute, transmit or broadcast child
pornography or child pornography materials;
6. To knowingly possess, view, download, purchase or in any way take steps to procure,
obtain or access for personal use child pornography materials; and
7. To attempt to commit child pornography by luring or grooming a child (Sec. 4, RA
9775).
• Grooming refers to the act of preparing a child or someone who the
offender believes to be a child for sexual activity or sexual relationship
by communicating any form of child pornography [Sec. 3(h), RA 9775].

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Grooming includes online enticement or enticement through any other

means.

• Luring refers to the act of communicating, by means of a computer

system, with a child or someone who the offender believes to be a child
for the purpose of facilitating the commission of sexual activity or
production of any form of child pornography (Sec. 3(i), RA 9775).

• Pandering is the act of offering, advertising, promoting, representing,

or distributing through any means any material or purported material
that is intended to cause another to believe that the material or
purported material contains any form of child pornography, regardless
of the actual content of the material

WHEN IS SYNDICATED CHILD PORNOGRAPHY COMMITTED?

• Syndicated child pornography is committed when it is carried out by a group of 3 or
more persons conspiring or confederating with one another (Sec. 5, RA 9775).

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