Republic Act 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Republic Act 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Republic Act 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Sec. 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 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.
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.
(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.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of
children" include, but are not limited to, the following:
(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 interfere with their normal
development;
(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;
(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 services needed for
a good quality of life;
(6) Circumstances analogous to those above-stated which endanger the life, safety or normal
development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(5) Circumstances which threaten or endanger the survival and normal development of children.
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means;
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years
of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the 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; and
(c) 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.
Sec. 6. Attempt To Commit Child Prostitution. - There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof 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, 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.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of
child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child trafficking under
Section 7 of this Act:
(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;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(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
(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.
A penalty lower 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.
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.
(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
(P50,000.00): 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 shall suffer the penalty of prision mayor in
its medium period and a fine of not less than Forty thousand pesos (P40,000.00); 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 (P50,000.00),
and the loss of parental authority over the minor.
(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
(P50,000.00), and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to:
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
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 Articles 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 age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the
same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code,
as amended. An enterprise such as a sauna, travel agency, or recruitment agency which; promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show;
provides child masseurs for adults of the same or opposite sex and said services include any lascivious
conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
(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.
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.
The Department of Labor and Employment shall promulgate rules and regulations necessary for the
effective implementation of this Section.
Sec. 13. Non-formal Education for Working Children. - The Department of Education, Culture and
Sports shall promulgate a course design under its non-formal education program aimed at promoting the
intellectual, moral and vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the learning process deemed most
effective under given circumstances.
Sec. 14. 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.
Sec. 15. Duty of Employer. - Every employer shall comply with the duties provided for in Articles 108
and 109 of Presidential Decree No. 603.
Sec. 16. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty of
a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or
imprisonment of not less than three (3) months but not more than three (3) years, or both at the
discretion of the court: Provided, That, in case of repeated violations of the provisions of this Article, the
offender's license to operate shall be revoked.
Sec. 19. Health and Nutrition. - The delivery of basic social services in health and nutrition to children
of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals
and other health institution shall ensure that children of indigenous cultural communities are given equal
attention. In the provision of health and nutrition services to children of indigenous cultural communities,
indigenous health practices shall be respected and recognized.
Sec. 20. Discrimination. - Children of indigenous cultural communities shall not be subjected to any and
all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of
arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000.00) more
than Ten thousand pesos (P10,000.00).
Sec. 21. Participation. - Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all
government programs affecting children of indigenous cultural communities. Indigenous institution shall
also be recognized and respected.
(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;
(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.
Sec. 23. Evacuation of Children During Armed Conflict. - Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after
the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for their safety and well-being.
Sec. 24. Family Life and Temporary Shelter. - Whenever possible, members of the same family shall
be housed in the same premises and given separate accommodation from other evacuees and provided
with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers
and children shall be given additional food in proportion to their physiological needs. Whenever feasible,
children shall be given opportunities for physical exercise, sports and outdoor games.
Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any child who has
been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled
to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department
of Social Welfare and Development or any responsible member of the community as determined by the
court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
committed the acts charged against him, the court shall determine the imposable penalty, including any
civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such child to the custody or care of the Department
of Social Welfare and Development or to any training institution operated by the Government, or duly-
licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or,
for a shorter period as the court may deem proper, after considering the reports and recommendations of
the Department of Social Welfare and Development or the agency or responsible individual under whose
care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of
Social Welfare and Development or any duly-licensed agency or such other officer as the court may
designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
Sec. 26. Monitoring and Reporting of Children in Situations of Armed Conflict. - The chairman of
the barangay affected by the armed conflict shall submit the names of children residing in said barangay
to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence
of the armed conflict.
(e) Officer or social worker of the Department of Social Welfare and Development;
(g) At least three (3) concerned responsible citizens where the violation occurred.
Sec. 28. Protective Custody of the Child. - The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order No.
56, series of 1986. In the regular performance of this function, the officer of the Department of Social
Welfare and Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Sec. 29. Confidentiality. - At the instance of the offended party, his name may be withheld from the
public until the court acquires jurisdiction over the case.
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.
Sec. 30. Special Court Proceedings. - Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus,
election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all
courts shall give preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or
affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and
forever barred from entry to the country;
(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
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or
any immediate member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 35. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Acts are
hereby repealed or modified accordingly.
Sec. 36. Effectivity Clause. - This Act shall take effect upon completion of its publication in at least two
(2) national newspapers of general circulation.
Under the supervision of the Punong Barangay, the barangay tanod shall:
1. Assist the barangay officials in the prevention of crime and the promotion of public safety;
3. Report to the concerned barangay officials or through Hotline “117” the occurrence of any crime,
fire, accident, public disturbance, and environmental degradation activities and other untoward incident
in the barangay;
4. Monitor the presence and or activities of suspicious persons, criminals, and other lawless elements
within their jurisdiction and report the same to the proper authorities or through Hotline “117”.
5. Conduct surveillance on crime breeding areas within the barangay / purok and report their
observations / findings to the proper authorities or through Hotline “117”.
6. Assist the police and the lupong tagapamayapa in the execution of warrants and other judicial
processes such as tracking the whereabouts of missing persons, in arresting escaped prisoners and other
fugitives from justice, and in the recovery of stolen properties;
7. Coordinate closely with the barangay officials and police / local authorities in the drive against all
forms of crimes such as terrorism, smuggling, carnapping, drug trafficking, drug pushing, illegal
gambling, child abuse, crime against women, all forms of vices and syndicated crimes;
10. Detect all forms of fire hazards and other public safety hazards / violations and to institute
corrective measure with their capability;
BENEFITS:
1. All duly appointed members of the barangay tanod shall be granted honoraria / allowances,
insurance or other benefits stated under Section 393 of the Local Government Code during their
incumbency.
2. Pursuant to CHED Order No. 62 series of 1997 a maximum of two (2) children of barangay tanods
who have met the hereunder qualifications shall be provided study grants:
a. Children of barangay tanod as certified by the Punong Barangay;
b. Not more than 21 years of age at the time of application;
c. High school graduate whose average rating of 80% or higher;
d. Have passed the entrance examination of the State College or University where he / she intend
to enroll;
e. Financially incapable to pursue a college education and whose parent’s annual income does
not exceed P72,000.00.
3. The city / municipality shall provide incentives and awards to the best performing barangay tanod.