Child Abuse Law

Special Protection of Children
against Abuse, Exploitation and

Discrimination Act (RA 7610)
and
Children Affected by Armed
Conflict/ Grave Child Rights
Violations (EO No. 56)
Background:
 Policy of the State to provide special
protection to children from all forms of abuse,
neglect, cruelty exploitation and
discrimination and other conditions,
prejudicial to their development.
 State shall intervene on behalf of the child

when the parent, guardian, teacher or person
having care or custody of the child fails or is
unable to protect the child against abuse,
exploitation and discrimination.
Background: (Cont.)
 State shall intervene when such acts are
committed by the said parent, guardian,
teacher or person having care and custody
of the same .
 Protect and rehabilitate children gravely

threatened or endangered by
circumstances.
 The best interests of children shall be the

paramount consideration.
I. Definition of Terms:
 Children
- persons below 18 years of age;
- or those over but are unable to fully

take care of themselves or protect
themselves from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental
disability or condition.
Definition of Terms: (Cont.)
 Child abuse
The maltreatment, whether habitual or

not, of the child which includes any of the
following:
A. Psychological and physical abuse, neglect,

cruelty, sexual abuse and emotional
maltreatment;
B. Any act by deeds or words which debases,

degrades or demeans the intrinsic worth
and dignity of a child as a human being;
Child Abuse (Cont.)
C. Unreasonable deprivation of his basic

needs for survival, such as food and
shelter; or
D. Failure to immediately give medical

treatment to an injured child resulting in
serious impairment of his growth and
development or in his permanent
incapacity or death.
II. Circumstances which gravely
threaten or endanger children:
 Being in a community where there is
armed conflict or being affected by armed
conflict-related activities;
 Working under conditions hazardous to

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

community and/or living under conditions of
extreme poverty or in an area which is
underdeveloped and/or lacks or has
inadequate access to basic services needed
for a good quality of life;
Circumstances which gravely threaten or endanger
children: (Cont.)
 Being a victim of a man-made or natural

disaster or calamity; or
 Circumstances analogous to those above

stated which endanger the life, safety or
normal development of children.
CHILD PROSTITUTION AND
OTHER SEXUAL ABUSE
Children, whether male or female, who for
money, profit, or any other consideration or
due to the coercion or influence of any
adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct.
Other Sexual Abuse;
A. Those who engage in or promote, facilitate

or induce child prostitution which include,
but are not limited to, the following:
1. Acting as a procurer of a child prostitute;
2. Inducing a person to be a client of a child

prostitute by means of written or oral
advertisements or other similar means;
Other Sexual Abuse; (Cont.)
3. Taking advantage of influence or relationship

to procure a child as prostitute;
4. Threatening or using violence towards a child

to engage him as a prostitute; or
5. Giving monetary consideration goods or

other pecuniary benefit to a child with intent
to engage such child in prostitution.
Other Sexual Abuse; (Cont.)
B. Those who commit the act of sexual

intercourse of lascivious conduct with a
child exploited in prostitution or subject to
other sexual abuse;
C. Those who derive profit or advantage there

from, whether as manager or owner of the
establishment where the prostitution takes
place.
Attempt To Commit Child
Prostitution:
A. Whereof when any person who, not

being a relative of a child, is found
alone with the said child inside the
room or cubicle of a house, an inn,
hotel, motel, pension house, apartelle
or other similar establishments;
`
Attempt To Commit Child Prostitution;
(Cont.)
B. When any person is receiving services from
a child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments.
IV. CHILD TRAFFICKING
Any person who shall engage in trading
and dealing with children including, but
not limited to, the act of buying and
selling of a child for money, or for any
other consideration, or barter,
Attempt To Commit Child Trafficking:
A. Child travels alone to a foreign country

without valid reason and without clearance
issued by DSWD or written permit from the
child's parents or legal guardian.
B. Recruitment of women or couples to bear

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

among low-income families, hospitals,
clinics, nurseries, day-care centers, or
other child-during institutions for the
purpose of child trafficking.
V. OBSCENE PUBLICATIONS
AND INDECENT SHOWS
Hire, employ, use, persuade, induce or
coerce a child to perform in obscene
exhibitions and indecent shows, whether live
or in video, or model in obscene publications
or pornographic materials or to sell or
distribute the said materials.
Other Acts of Neglect, Abuse,
Cruelty or Exploitation
 Other acts of child abuse, cruelty or
exploitation.
 Keep or have in his company a minor,

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

the operation of any public or private
place who allows any person to take
along with him to such place or places
any minor.
Other Acts of Neglect, Abuse, Cruelty
or Exploitation; (Cont.)
 Any person who shall use, coerce,
force or intimidate a street child or any
other child to;
1. Beg or use begging as a means of

living;
2. Act as conduit or middlemen in drug

trafficking or pushing; or
3. Conduct any illegal activities,

VI. EMPLOYMENT OF CHILDREN
Children below 15 years of age may be

employed under the following
circumstances:
 Child works directly under the sole

responsibility of his parents or legal
guardian.
 Child's employment in public &

entertainment through cinema, theater,
radio or television is essential.
Hours of Work of a Working Child
(RA 9231)
Age Total number of Working hours Not be
working hours allowed to
work
Below 15 not more than 20 not more than 4 8:00 PM to

hours a week hours a day 6:00 AM
15 years 40 hours a week not more than 8 10:00 PM to

but below hours a day 6:00 AM
18
Prohibition on the Employment of
Children
No person shall employ child models in all

commercials or advertisements promoting
alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence.

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Special Protection of Children

against Abuse, Exploitation and

 State shall intervene on behalf of the child

 Protect and rehabilitate children gravely

 The best interests of children shall be the

- persons below 18 years of age;

- or those over but are unable to fully

The maltreatment, whether habitual or

A. Psychological and physical abuse, neglect,

B. Any act by deeds or words which debases,

C. Unreasonable deprivation of his basic

D. Failure to immediately give medical

 Working under conditions hazardous to

 Being a member of a indigenous cultural

 Being a victim of a man-made or natural

 Circumstances analogous to those above

A. Those who engage in or promote, facilitate

1. Acting as a procurer of a child prostitute;

2. Inducing a person to be a client of a child

3. Taking advantage of influence or relationship

4. Threatening or using violence towards a child

5. Giving monetary consideration goods or

B. Those who commit the act of sexual

C. Those who derive profit or advantage there

A. Whereof when any person who, not

A. Child travels alone to a foreign country

B. Recruitment of women or couples to bear

D. Engaging in the act of finding children

 Keep or have in his company a minor,

 Owner, manager or one entrusted with

1. Beg or use begging as a means of

2. Act as conduit or middlemen in drug

3. Conduct any illegal activities,

Children below 15 years of age may be

 Child works directly under the sole

 Child's employment in public &

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

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

No person shall employ child models in all

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