Special Penal Laws

RA 7610 (June 17, 1992)

 "Child abuse"
refers to the
maltreatment,
whether habitual
or not, of the child
which includes any
of the following:
 Child Abuse
(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;
 Child Abuse
 (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
Circumstances which gravely threaten or endanger the survival and normal development of child

(1) Being in a
community where
there is armed conflict
or being affected by
armed conflict-related
activities;
(2) Working under
conditions hazardous
to life, safety and
normal which unduly
Circumstances which gravely threaten or endanger the survival and normal
development of child

3) Living in or
fending for
themselves in the
streets of urban or
rural areas without
the care of parents
or a guardian or
basic services
needed for a good
quality of life;
Circumstances which gravely threaten or endanger the survival and normal development of child

(4) 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
Circumstances which gravely threaten or endanger the
survival and normal development of child

(5) Being a victim of a man-

made or natural disaster or
calamity; or
(6) Circumstances
analogous to those above-
stated which endanger the
life, safety or normal
 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, are deemed to be
children exploited in prostitution and
other sexual abuse
 Child Prostitution and 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;
 Child Prostitution and Other Sexual
Abuse
(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 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, 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

 (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;
 Attempt to Commit Child Trafficking

(c) When a person, agency,

establishment or child-caring
institution recruits women or couples
to bear children for the purpose of
child trafficking; or
 Attempt to Commit Child Trafficking

(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
 Attempt to Commit Child Trafficking

(e) When a person engages in the act

of finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-during
institutions who can be offered for the
purpose of child trafficking.
 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.
 Obscene Publications and Indecent
Shows
Ifthe 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.
 Obscene Publications and Indecent
Shows
 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.
 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 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.
 Other Acts of Neglect, Abuse, Cruelty or
Exploitation and 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 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.
 Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial
to the Child's Development
(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.
 Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial
to the Child's Development
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 shall be imposed a penalty
of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000), and the loss
of the license to operate such a place or
establishment.
 Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions
Prejudicial to the Child's Development
 (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

 (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
 Working Children

 (2) When a child's employment or participation in

public & 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:
Provided, That the following requirements in all
instances are strictly complied with:
 Working Children

 (a) The employer shall ensure the protection, health, safety

and morals of the child;
 (b) the employer shall institute measures to prevent the
child's exploitation or discrimination taking into account the
system and level of remuneration, and the duration and
arrangement of working time; and;
 (c) The employer shall formulate and implement, subject to
the approval and supervision of competent authorities, a
continuing program for training and skill acquisition of the
child
 Prohibition on the Employment of
Children in Certain Advertisements
 No person shall employ child models in all
commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco
and its byproducts and violence.
 Children as Zones of Peace

 (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;
 (b) Children shall not be recruited to become
members of the Armed Forces of the Philippines of
its civilian units or other armed groups, nor be
allowed to take part in the fighting, or used as
guides, couriers, or spies;
 Children as Zones of Peace

 (c) Delivery of basic social services such as

education, primary health and emergency relief
services shall be kept unhampered;
 (d) The safety and protection of those who
provide services including those involved in fact-
finding missions from both government and non-
government institutions shall be ensured. They
shall not be subjected to undue harassment in the
performance of their work;
 Children as Zones of Peace

 (e) Public infrastructure such as schools, hospitals

and rural health units shall not be utilized for
military purposes such as command posts,
barracks, detachments, and supply depots; and
 (f) All appropriate steps shall be taken to
facilitate the reunion of families temporarily
separated due to armed conflict.
 Confidentiality

 It shall be unlawful for any editor, publisher, and

reporter or columnist in case of printed materials,
announcer or producer in case of television and
radio broadcasting, producer and director of the
film in case of the movie industry, to cause undue
and sensationalized publicity of any case of
violation of this Act which results in the moral
degradation and suffering of the offended party.
 Who may file a complaint

 (a) Offended party;

 (b) Parents or guardians;
 (c) Ascendant or collateral relative within the
third degree of consanguinity;
 (d) Officer, social worker or representative of a
licensed child-caring institution;
 Who may file a complaint

 (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.
 Bongalon vs People
G.R. No. 169533, March 20, 2013
 Grade VI pupil of MABA Institute, Legazpi City,
acts of physical abuse and/or maltreatment by
striking said JAYSON DELA CRUZ with his palm
hitting the latter at his back and by slapping said
minor hitting his left cheek and uttering
derogatory remarks to the latter’s family to wit:
 Bongalon vs People
G.R. No. 169533, March 20, 2013
 "Mga hayop kamo, para dayo kamo digdi, Iharap
mo dito ama mo" (You all animals, you are all
strangers here. Bring your father here), which
acts of the accused are prejudicial to the child’s
development and which demean the intrinsic
worth and dignity of the said child as a human
being
 Bongalon vs People
G.R. No. 169533, March 20, 2013
The law under which the petitioner was charged, tried and found
guilty of violating is Section 10 (a), Article VI of Republic Act No.
7610, which relevantly states:
Section 10. 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 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.
 Bongalon vs People
G.R. No. 169533, March 20, 2013
xxxx
Child abuse, the crime charged, is defined by Section
3 (b) of Republic Act No. 7610, as follows:

Section 3. Definition of terms. –

xxxx
(b) "Child Abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following:
 Bongalon vs People
G.R. No. 169533, March 20, 2013
(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;
 Bongalon vs People
G.R. No. 169533, March 20, 2013
(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.
xxxx
 Bongalon vs People
G.R. No. 169533, March 20, 2013
 Although we affirm the factual findings of fact by
the RTC and the CA to the effect that the
petitioner struck Jayson at the back with his hand
and slapped Jayson on the face, we disagree with
their holding that his acts constituted child abuse
within the purview of the above-quoted
provisions.
 Bongalon vs People
G.R. No. 169533, March 20, 2013
 The records did not establish beyond reasonable
doubt that his laying of hands on Jayson had been
intended to debase the "intrinsic worth and
dignity" of Jayson as a human being, or that he
had thereby intended to humiliate or embarrass
Jayson.
 Bongalon vs People
G.R. No. 169533, March 20, 2013
The records showed the laying of hands on Jayson to have
been 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 minor daughters
who had just suffered harm at the hands of Jayson and
Roldan. 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.
 Bongalon vs People
G.R. No. 169533, March 20, 2013

What crime, then, did the petitioner commit?

Considering that Jayson’s physical injury
required five to seven days of medical
attention, the petitioner was liable for slight
physical injuries under Article 266 (1) of the
Revised Penal Code
 Caballo vs People
G.R. No. 198732, June 10, 2013
AAA, then 17 years old, met Caballo, then 23 years
old, in her uncle’s place in Surigao City. Her uncle
was a choreographer and Caballo was one of his
dancers. During that time, AAA was a sophomore
college student at the University of San Carlos and
resided at a boarding house in Cebu City. On
January 17, 1998,
 Caballo vs People
G.R. No. 198732, June 10, 2013

Caballo went to Cebu City to attend the Sinulog

Festival and there, visited AAA. After spending
time together, they eventually became
sweethearts.9 Sometime during the third week of
March 1998, AAA went home to Surigao City and
stayed with her uncle. In the last week of March
of the same year, Caballo persuaded AAA to have
sexual intercourse with him
 Caballo vs People
G.R. No. 198732, June 10, 2013

This was followed by several more of the

same in April 1998, in the first and second
weeks of May 1998, on August 31, 1998 and in
November 1998, all of which happened in
Surigao City, except the one in August which
occurred in Cebu. In June 1998, AAA became
pregnant and later gave birth on March 8,
1999
 Caballo vs People
G.R. No. 198732, June 10, 2013
Opposed to the foregoing, Caballo claimed that
during their first sexual intercourse, AAA was no
longer a virgin as he found it easy to penetrate her
and that there was no bleeding. He also maintained
that AAA had (3) three boyfriends prior to him.
Further, he posited that he and AAA were
sweethearts who lived-in together, for one (1) week
in a certain Litang Hotel and another week in the
residence of AAA’s uncle.
 Caballo vs People
G.R. No. 198732, June 10, 2013

Eventually, they broke up due to the

intervention of AAA’s parents. At a certain
time, AAA’s mother even told Caballo that he
was not deserving of AAA because he was
poor. Lastly, he alleged that he repeatedly
proposed marriage to AAA but was always
rejected because she was still studying.
 Caballo vs People
G.R. No. 198732, June 10, 2013
Section 5(b), Article III of RA 7610 pertinently reads:
SEC. 5. 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, 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: x
xxx
 Caballo vs People
G.R. No. 198732, June 10, 2013
As determined in the case of Olivarez v. CA (Olivarez),22
the elements of the foregoing offense are the following:
(a) The accused commits the act of sexual intercourse or
lascivious conduct;
(b) The said act is performed with a child exploited in
prostitution or subjected to other sexual abuse; and
(c) The child, whether male or female, is below 18 years
of age.
 Caballo vs People
G.R. No. 198732, June 10, 2013
A child is deemed exploited in prostitution or
subjected to other sexual abuse, when the child
indulges in sexual intercourse or lascivious conduct
(a) for money, profit, or any other consideration; or
(b) under the coercion or influence of any adult,
syndicate or group...
 Caballo vs People
G.R. No. 198732, June 10, 2013
Thus, a child is deemed subjected to other sexual
abuse when the child indulges in lascivious conduct
under the coercion or influence of any adult. In this
case, Cristina was sexually abused because she was
coerced or intimidated by petitioner to indulge in a
lascivious conduct. Furthermore, it is inconsequential
that the sexual abuse occurred only once. As expressly
provided in Section 3(b) of R.A. 7610, the abuse may
be habitual or not
 Caballo vs People
G.R. No. 198732, June 10, 2013
It must be observed that Article III of R.A. 7610 is
captioned as "Child Prostitution and Other Sexual
Abuse" because Congress really intended to cover a
situation where the minor may have been coerced
or intimidated into lascivious conduct, not
necessarily for money or profit. The law covers not
only child prostitution but also other forms of sexual
abuse.
 Rosaldes vs People
G.R. No. 173988, October 8, 2014

On February 13, 1996, seven year old Michael

Ryan Gonzales, then a Grade 1 pupil at
Pughanan Elementary School located in the
Municipality of Lambunao, Iloilo, was
hurriedly entering his classroom when he
accidentally bumped the knee of his teacher,
petitioner Felina Rosaldes, who was then
asleep on a bamboo sofa
 Rosaldes vs People
G.R. No. 173988, October 8, 2014
Roused from sleep, petitioner asked Michael Ryan to
apologize to her. When Michael did not obey but
instead proceeded to his seat. petitioner went to
Michael and pinched him on his thigh. Then, she held
him up by his armpits and pushed him to the floor. As
he fell, Michael Ryan’s body hit a desk. As a result, he
lost consciousness. Petitioner proceeded to pick
Michael Ryan up by his ears and repeatedly slammed
him down on the floor. Michael Ryan cried
 Rosaldes vs People
G.R. No. 173988, October 8, 2014
Although the petitioner, as a school teacher, 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.
She could not justifiably claim that she acted only for the sake
of disciplining him. Her physical maltreatment of him was
precisely prohibited by no less than the Family Code, which has
expressly banned the infliction of corporal punishment by a
school administrator, teacher or individual engaged in child care
exercising special parental authority (i.e., in loco parentis), viz:
 Rosaldes vs People
G.R. No. 173988, October 8, 2014
Article 233. The person exercising substitute
parental authority shall have the same authority
over the person of the child as the parents.
In no case shall the school administrator, teacher or
individual engaged in child care exercising special
parental authority inflict corporal punishment upon
the child.
 Rosaldes vs People
G.R. No. 173988, October 8, 2014
Section 3 of Republic Act No. 7610 defines child
abuse :
xxxx
(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;
 Rosaldes vs People
G.R. No. 173988, October 8, 2014
(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.
xxxx
 Rosaldes vs People
G.R. No. 173988, October 8, 2014

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.
 Rosaldes vs People
G.R. No. 173988, October 8, 2014
The CA concluded that the petitioner "went
overboard in disciplining Michael Ryan, a helpless and
weak 7-year old boy, when she pinched hard Michael
Ryan on the left thigh and when she held him in the
armpits and threw him on the floor[and as] the boy
fell down, his body hit the desk causing him to lose
consciousness [but instead] of feeling a sense of
remorse, the accused-appellant further held the boy
up by his ears and pushed him down on the floor.
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
At around 10:00 o’clock in the morning of 10 April
1998, while AAA and her two younger sisters, BBB and
EEE were sitting on a bench at the waiting shed located
near her boarding house, petitioner approached her.
Petitioner, who had been incessantly courting AAA from
the time she was still 13 years old, again expressed his
feelings for her and asked her to accept his love and
even insisted that she must accept him because he had
a job.
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
She did not like what she heard from petitioner and
tried to hit him with a broom but the latter was able
to dodge the strike. She and her two sisters dashed to
the boarding house which was five meters away and
went inside the room. When they were about to close
the door, the petitioner, who was following them,
forced himself inside. The three tried to bar petitioner
from entering the room by pushing the door to his
direction.
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
Their efforts, however, proved futile as petitioner
was able to enter. There petitioner embraced AAA,
who struggled to extricate herself from his hold.
AAA then shouted for help. Meanwhile, petitioner
continued hugging her and tried to threaten her
with these words: "Ug dili ko nimo sugton, patyon
tike. Akong ipakita nimo unsa ko ka buang (If you
will not accept my love I will kill you. I will show
you how bad I can be).
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
BBB, tried to pull petitioner away from her sister
AAA, but to no avail. Andrew Tubilag, who was also
residing in the same house, arrived and pulled
petitioner away from AAA.AAA closed the door of
the room and there she cried. She then went to the
police station to report the incident.
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
Republic Act No. 7610 is a measure geared towards the
implementation of a national comprehensive program for
the survival of the most vulnerable members of the
population, the Filipino children, in keeping with the
Constitutional mandate under Article XV, Section 3,
paragraph 2, that "The State shall defend the right of the
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
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
Subsection (b), Section 3, Article I of Republic Act No. 7610,
states:
(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;
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
Petitioner who was old enough to be the victim’s
grandfather, did not only traumatize and gravely
threaten the normal development of such innocent
girl; he was also betraying the trust that young girls
place in the adult members of the community who
are expected to guide and nurture the well-being of
these fragile members of the society. Undoubtedly,
such insensible act of petitioner constitutes child
abuse. As the RTC aptly observed:
 Araneta vs Santiago
G.R. No. 174205, June 27, 2008
It bears stressing that the mere keeping or having in
a man’s companion a minor, twelve (12) years or
under or who is ten (10) years or more his junior in
any public or private place already constitutes child
abuse under Section 10(b) of the same Act. Under
such rationale, an unwanted embrace on a minor
would all the more constitute child abuse
 Torres vs People
G.R. No. 206627, January 8, 2017
CCC, AAA's uncle, previously filed a complaint for
malicious mischief against Torres, who allegedly
caused damage to CCC's multicab. AAA witnessed
the alleged incident and was brought by CCC to
testify during the barangay conciliation.
 Torres vs People
G.R. No. 206627, January 8, 2017
On November 3, 2003, CCC and AAA were at the
barangay hall of Clarin, Bohol waiting for the
conciliation proceedings to begin when they chanced
upon Torres who had just arrived from fishing. CCC's
wife, who was also with them at the barangay hall,
persuaded Torres to attend the conciliation proceedings
to answer for his liability. Torres vehemently denied
damaging CCC's multicab. In the middle of the brewing
argument, AAA suddenly interjected that Torres
damaged CCC's multicab and accused him of stealing
CCC's fish nets.
 Torres vs People
G.R. No. 206627, January 8, 2017
Torres told AAA not to pry in the affairs of adults. He
warned AAA that he would whip him if he did not stop.
However, AAA refused to keep silent and continued to
accuse Torres of damaging his uncle's multicab. Infuriated
with AAA's meddling, Torres whipped AAA on the neck
using a wet t-shirt. Torres continued to hit AAA causing
the latter to fall down from the stairs. CCC came to his
nephew's defense and punched Torres. They engaged in a
fistfight until they were separated by Barangay Captain
Hermilando Miano. Torres hit AAA with a wet t-shirt
three (3) times.
 Torres vs People
G.R. No. 206627, January 8, 2017
Under Section 3(b) of the Republic Act No. 7610, child abuse is defined,
thus:
Section 3. Definition of Terms.
xxx
(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;
 Torres vs People
G.R. No. 206627, January 8, 2017
(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.
 Torres vs People
G.R. No. 206627, January 8, 2017
As can be gleaned from this provision, a person who commits an
act that debases, degrades, or demeans the intrinsic worth and
dignity of the child as a human being, whether habitual or not,
can be held liable for violation of Republic Act No. 7610.

Although it is true that not every instance of laying of 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
 People vs Udang, Sr.,
G.R. No. 210161, January 10, 2018
A single act may give rise to multiple offenses.
Thus, charging an accused with rape, under the
Revised Penal Code, and with sexual abuse, under
Republic Act No. 7610, in case the offended party
is a child 12 years old and above, will not violate
the right of the accused against double jeopardy.
 People vs Udang, Sr.,
G.R. No. 210161, January 10, 2018
Sexual abuse under Section 5(b) of SECTION 5. Child Rape under Article 266-A(1) of the
Prostitution and Other Sexual Abuse. - Children, whether Revised Penal Code
male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any Article 266-A. Rape; When and How
adult, syndicate or group, indulge in sexual intercourse or Committed. - Rape is committed-
lascivious conduct, are deemed to be children exploited in
1) By a man who shall have carnal
prostitution and other sexual abuse.
knowledge of a woman under any
The penalty of reclusion temporal in its medium period to of the following circumstances:
reclusion perpetua shall be imposed upon the following:
a) Through intimidation; force, threat,
xxx
or
(b) Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or b) When the offended party 1s
subjected to other sexual abuse; Provided, That when the deprived of reason or otherwise
victim is under twelve (12) years of age, the perpetrators unconscious;
shall be prosecuted under Article 335, paragraph 3, for
rape and Article 336 of Act No. 3815, as amended, the
c) By means of fraudulent machination
Revised Penal Code, for rape or lascivious conduct, as the or grave abuse of authority[.]
case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age
shall be reclusion temporal in its medium period[.]
 People vs Udang, Sr.,
G.R. No. 210161, January 10, 2018
A single criminal act may give rise to a multiplicity of
offenses and where there is variance or differences
between the elements of an offense in one law and
another law as in the case at bar there will be no double
jeopardy because what the rule on double jeopardy
prohibits refers to identity of elements in the two (2)
offenses. Otherwise stated prosecution for the same act
is not prohibited. What is forbidden is prosecution for the
same offense. Hence, the mere filing of the two (2) sets
of information does not itself give rise to double jeopardy
Anti- Bullying Law (2013)
Republic Act 10627
 Bullying

shall refer to any severe or repeated use by one or more

students of a written, verbal or electronic expression, or a
physical act or gesture, or any combination thereof, directed at
another student that has the effect of actually causing or
placing the latter in reasonable fear of physical or emotional
harm or damage to his property; creating a hostile environment
at school for the other student; infringing on the rights of the
other student at school; or materially and substantially
disrupting the education process or the orderly operation of a
school; such as, but not limited to, the following
 Bullying

a. Any unwanted physical contact between the bully

and the victim like punching, pushing, shoving,
kicking, slapping, tickling, headlocks, inflicting
school pranks, teasing, fighting and the use of
available objects as weapons;
 Bullying

b. Any act that causes damage to a victim’s psyche

and/or emotional well-being;

c. Any slanderous statement or accusation that

causes the victim undue emotional distress like
directing foul language or profanity at the target,
name-calling, tormenting and commenting
negatively on victim’s looks, clothes and body; and
 Bullying

d. Cyber-bullying or any bullying done

through the use of technology or any
electronic means.
 Prohibited acts

1) Bullying on school grounds;

property immediately adjacent to
school grounds; at school-sponsored
or school-related activities,
functions or programs whether on or
off school grounds;
 Prohibited acts

 at school bus stops; on school buses

or other vehicles owned, leased or
used by a school; or through the use
of technology or an electronic device
owned, leased or used by a school;
 Prohibited acts

2) Bullying at a location, activity, function or

program that is not school-related and through the
use of technology or an electronic device that is not
owned, leased or used by a school if the act or acts
in question create a hostile environment at school
for the victim, infringe on the rights of the victim at
school, or materially and substantially disrupt the
education process or the orderly operation of a
school;
 Prohibited acts

3) Retaliation against a person who reports bullying,

who provides information during an investigation of
bullying, or who is a witness to or has reliable
information about bullying;
Reminder

If an incident of bullying or retaliation involves

students from more than one school, the school first
informed of the bullying or retaliation shall
promptly notify the appropriate administrator of the
other school so that both may take appropriate
action