"Special Protection of

Children Against
Abuse, Exploitation
and Discrimination
Act."
PROS. JEFFREY F. PARIL, JD
Office of the Provincial Prosecutor-Quezon
ANO ANG ALAM NATIN TUNGKOL SA
BATAS NA ITO?
THE 1987 CONSTITUTION
Article II

SECTION 12. The State recognizes the sanctity of

family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of
the unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral
character shall receive the support of the
Government.
SECTION 13. The State
recognizes the vital role of
the youth in nation-
building and shall promote
and protect their physical,
moral, spiritual,
intellectual, and social
well-being. It shall
inculcate in the youth
patriotism and nationalism,
and encourage their
involvement in public and
civic affairs.
It is hereby declared to be the policy of
the State
1. 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.
2. 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.

3. 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.1awphi1@alf1awphi1@alf
AT PINAKA IMPORTANTE:

The best interests of children shall be the

paramount consideration in all actions concerning
them.
WHO ARE CHILDREN UNDER THE
LAW?

A person below eighteen (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;
1.) 15 years old and below= No criminal Liability,
only civil, but will undergo diversion program

2.) 15 years old to 18 years old= determination of

discernment

A. Acted without discernment= exempt from

criminal
responsibility, and shall be released and
subjected to
an intervention program as may be determined
by a local social welfare and development officer

B. Acted with discernment= shall be subjected

to the
WHAT IS CONSIDERED CHILD
ABUSE?

It refers to the infliction of physical or

psychological injury, cruelty to, or neglect, sexual
abuse or exploitation of a child
WHAT IS CRUELTY?

Refers to any act by word or deed which debases,

degrades or demeans the intrinsic worth and
dignity of a child as a human being.

Discipline administered by a parent or legal

guardian to a child does not constitute cruelty
provided it is reasonable in manner and moderate
in degree and does not constitute physical or
psychological injury as defined herein;
What is physical injury?

It includes but is not limited to lacerations, fractured bones,

burns, internal injuries, severe injury or serious bodily harm
suffered by a child
WHAT IS PSYCHOLOGICAL INJURY?
means harm to a child's psychological or intellectual
functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior,
or a combination of said behaviors, which may be
demonstrated by a change in behavior, emotional
response or cognition;
WHAT IS NEGLECT?

means failure to provide, for reasons other than poverty,

adequate food, clothing, shelter, basic education or
medical care so as to seriously endanger the physical,
mental, social and emotional growth and development of
the child;
WHAT IS SEXUAL ABUSE?

includes the employment, use, persuasion, inducement,

enticement or coercion of a child to engage in, or assist
another person to engage in, sexual intercourse or
lascivious conduct or the molestation, prostitution, or
incest with children;
WHAT IS LASCIVIOUS CONDUCT?

means the intentional touching, either directly or through

clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into the genitalia,
anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person, bestiality, masturbation, lascivious exhibition of the
genitals or pubic area of a person;
WHAT IS EXPLOITATION?

means the hiring, employment, persuasion, inducement, or

coercion of a child to perform in obscene exhibitions and
indecent shows, whether live or in video or film, or to pose or
act as a model in obscene publications or pornographic
materials, or to sell or distribute said materials
ANONG GAGAWIN NATIN PAG MAY ALAM O
NALALAMAN TAYONG PANG-AABUSO SA ISANG
BATA?
REPORT!!!

A person who learns of facts or circumstances that give rise to the belief that a child
has suffered abuse may report the same, either orally or in writing, to the Department,
to the police or other law enforcement agency or to a Barangay Council for the
Protection of Children.

MANDATORY TO-FOR:

The head of any public or private hospital, medical clinic and similar institution, as well
as the attending physician and nurse, shall report, either orally or in writing, to the
Department the examination and/or treatment of a child who appears to have suffered
abuse within forty-eight (48) hours from knowledge of the same.
Where should a complaint for child
abuse be filed?

Your compliant should be filed with the

Department of Social Welfare and
Development or with the police (MPS-WCPD)
or other law enforcement agency.
SINONG PWEDENG MAG-FILE?

1.The child victim

2.The parent or legal guardian of the victim
3.The grandparent, or relative of the child victim up
to a first cousin
4.The Barangay Chairman
5.One of a group of 3 or more persons who have
personal knowledge of the abuse.
Failure to Report.

Failure of the individuals mentioned in Section 4 above

and the administrator or head of the hospital, clinic or
similar institution concerned to report a possible case of
child abuse shall be punishable with a fine of not more
than two thousand pesos (P2,000.00).
Immunity for Reporting

A person who, acting in good faith, shall report a case of

child abuse shall be free from any civil or administrative
liability arising therefrom. There shall be a presumption
that any such person acted in good faith.
ANONG MANGYAYARI MATAPOS I-REPORT SA
MSWDO/DSWD, WCPD O IBANG AHENSYA NG GOBYERNO?

Not later than forty-eight (48) hours after receipt of a report

on a possible incident of child abuse, the Department shall
immediately proceed to the home or establishment where
the alleged child victim is found and interview said child to
determine whether an abuse was committed, the identity of
the perpetrator and the need of removing the child from his
home or the establishment where he may be found or
placing him under protective custody pursuant to Section 9
of these Rules.
Protective Custody.

If the investigation discloses sexual abuse, serious physical

injury of life-threatening neglect of the child, the duly
authorized officer or social worker of the Department shall
immediately remove the child from his home or the
establishment where he was found and place him under
protective custody to ensure his safety.
Physical Examination; Interview.

The Department shall refer the child who is placed

under protective custody to a government medical or
health officer for a physical/mental examination
and/or medical treatment. Thereafter, the
Department shall determine the rehabilitation or
treatment program which the child may require and to
gather data relevant to the filing of criminal charges
against the abuser.
Section 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
SECTION 5 (A)- CHILD
PROSTITUTION
(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;

(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;

(5) Giving monetary consideration goods or other pecuniary benefit to a

child with intent t o engage such child in prostitution.
SEXUAL INTERCOURSE OR
LASCIVIOUS CONDUCT AGAINST A
CHILD [Sec. 5 (b)]
(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;
 OLIVARES vs CA
GR No. 163866, July 29, 2005
The elements of sexual abuse under Section 5 (b), Article
III of R.A 7610 are as follows:
1. The accused commits the act of sexual intercourse or
lasciviousness conduct.
2. The said act is performed with a child exploited in
prostitution or subjected to other sexual abuse.
3. The child, whether male or female, is below 18 years of
age.
SEXUAL EXPLOITATION (Sec. 5,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.
ARTICLE 266-A. RAPE (RA 8353, Oct 22, 1997)
Rape is committed:

1. Man, carnal knowledge of a woman: a) Through force,

threat, or intimidation; b) When the offended party is deprived
of reason or otherwise unconscious; c) By means of fraudulent
machination or grave abuse of authority; and d) When the
offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned
above be present.
SEXUAL ASSAULT

2. By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person’s
mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
Section 7. 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.
Section 9. Obscene Publications and
Indecent Shows.
Any person who shall hire, employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent shows, whether live or in video, or
model in obscene publications or pornographic materials or to sell or distribute
the said materials shall suffer the penalty of prision mayor in its medium period.

If the 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.

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.
The catch-all provision
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development. –

Simply put, Section 10(a) of R.A. No. 7610 punishes

any other acts of child abuse not covered under other
provisions of the same law.
-DE VERA VS PEOPLE (2021)
Sec. 10 (a)

(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.
San Juan v. People, January 17, 2023

Citing its previous ruling in Araneta v. People, the

Court noted that Section 10(a) contemplates four
distinct acts:
(a)child abuse,
(b) child cruelty,
(c) child exploitation, and
(d) being responsible for conditions prejudicial to the
child’s development.
The Court thus ruled that applying this
doctrine, the phrase “but not covered by the
[RPC], as amended,” only qualifies the
immediately preceding antecedent phrase
“including those covered by Article 59 of [PD
603], as amended” and not the acts
enumerating the offense under Section 10(a)
of RA 7610.
“An interpretation of the phrase ‘but not covered by the [RPC], as
amended,’ that would render the application of RA 7610 only
when the act is not covered by the RPC would be contrary to the
intention of the legislature,” the Court ruled.
the Court further resolved whether San Juan
should be held guilty of grave threats under the
RPC or for violation of RA 7610.

“[C]hildren, recognized as the most vulnerable members of

society, can offer no resistance against an armed officer,
and in all likelihood, would be scarred by trauma long after
the incident. A gun, when used to threaten an individual,
moreso a minor, would undoubtedly create a lasting fear
that could persist throughout the minor’s life; worse, such
an incident could further erode and even endanger the
minor’s psychological state and normal development,”
stressed the Court.
BONGALAN VS PEOPLE
THE COURT RULED THAT ONLY WHEN THE ACCUSED
INTENDS TO DEBASE, DEGRADE THE INTRINSIC
WORTH AND DIGNITY OF THE CHILD AS A HUMAN
BEING SHOULD BE CHARGED WITH VIOLATION OF
SECTION 10 (A).

THERE MUST BE SPECIFIC INTENT TO DEBASE,

DEGRADE THE INTRINSIC WORTH AND DIGNITY OF
THE CHILD.
Employment of Children

Gen. Rule: Children may be employed

Children below 15 years old may not be employed

Exceptions:
1) under the sole responsibility of his parents or legal
guardian and where only members of the employer’s
family are employed: no danger; primary and/or secondary
education.
2) In public & entertainment or information through
cinema, theater, radio or television is essential
Section 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.alf
Republic Act (RA) No. 11648, signed by Pres.
Duterte on March 4,2022, amends RA 7610

(b) Those who commit the act of sexual intercourse or

lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse: Provided, That when the
victim is under sixteen (16) years of age, the perpetrators
shall be prosecuted under Article 335, paragraph 2, for rape
and Article 336 of Act No. 3815, as amended, otherwise
known as “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 sixteen (16)
years of age shall be reclusion perpetua in its medium
period;
Republic Act No. 116481, which amends the Anti-
Rape Act of 1997, states that it will be considered
statutory rape if an adult has sexual intercourse
with a person under 16 years old.

It also said there is no criminal liability even if

the person is under 16, as long as their partner is
not more than three years older and the sexual
act is consensual and non-abusive. The exception
does not apply if the victim is under 13 years old.
MARAMING SALAMAT PO!!!