Republic of the Philippines
Congress of the Philippines
Metro ManilaNinth Congress
Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of TermsSection 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."
Section 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...
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Republic Acts
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Republic Act No. 7610
Summary of Republic Act No. 7610 - Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Definitions (Section 3):
- "Children" refers to persons below 18 years old or those over but unable to fully take care of themselves due to physical or mental disability.
- "Child abuse" includes psychological/physical abuse, neglect, cruelty, sexual abuse, emotional maltreatment, degrading acts, deprivation of basic needs, failure to give medical treatment.
- "Circumstances which gravely threaten children" include armed conflict, hazardous working conditions, living on the streets, extreme poverty, natural disasters, etc.
- "Comprehensive program" refers to coordinated services and facilities to protect children against abuse, exploitation and discrimination.
Program on Child Abuse, Exploitation and Discrimination (Article II):
- The Departments of Justice and Social Welfare shall formulate a comprehensive program within 1 year to protect children against abuse, exploitation and discrimination. (Section 4)
Child Prostitution and Other Sexual Abuse (Article III):
- Engaging in, promoting or facilitating child prostitution shall be punished with reclusion temporal medium to reclusion perpetua. (Section 5)
- Attempt to commit child prostitution is punishable with a penalty lower by 2 degrees. (Section 6)
Child Trafficking (Article IV):
- Trading and dealing with children shall be punished with reclusion temporal to reclusion perpetua, with maximum penalty if victim is under 12 years old. (Section 7)
- Attempt to commit child trafficking is punishable with a penalty lower by 2 degrees. (Section 8)
Obscene Publications and Indecent Shows (Article V):
- Hiring, employing or coercing a child for obscene shows/publications shall be punished with prision mayor medium, with maximum penalty if child is below 12 years old. (Section 9)
Other Acts of Abuse (Article VI):
- Other acts of child abuse, cruelty or exploitation not covered by the Revised Penal Code shall be punished with prision mayor minimum. (Section 10)
- Keeping or having a minor 12 years old or younger in certain places shall be punished with prision mayor maximum and a fine of at least P50,000. (Section 10)
- Inducing or delivering a minor to prohibited places shall be punished with prision mayor medium and a fine of at least P40,000. (Section 10)
- Allowing minors in prohibited places shall be punished with prision mayor medium, a fine of at least P50,000, and loss of license. (Section 10)
- Coercing street children to beg, drug trafficking or illegal activities shall be punished with prision correccional medium to reclusion perpetua. (Section 10)
- Penalties for certain crimes under the Revised Penal Code are increased when the victim is under 12 years old. (Section 10)
Sanctions for Establishments (Article VII):
- Establishments promoting child abuse shall be immediately closed, with licenses cancelled and "off limits" sign displayed for at least 1 year. Unauthorized removal is punishable. (Section 11)
Working Children (Article VIII):
- Children below 15 years old are generally prohibited from employment, except under certain conditions with a work permit from DOLE. (Section 12)
- DepEd shall design a non-formal education program for working children. (Section 13)
- Child models cannot be used in ads promoting alcoholic beverages, tobacco and violence. (Section 14)
- Employers must comply with duties under PD 603. Penalties include fines from P1,000 to P10,000, imprisonment of 3 months to 3 years, and license revocation for repeated violations. (Sections 15-16)
Children of Indigenous Cultural Communities (Article IX):
- Indigenous children are entitled to protection, survival and development consistent with their customs and traditions. (Section 17)
- DepEd shall develop a culture-specific alternative education system and accredit non-formal indigenous education programs. (Section 18)
- Health and nutrition services shall prioritize indigenous children, respecting their health practices. (Section 19)
- Discrimination against indigenous children is punishable with arresto mayor maximum and a fine of P5,000 to P10,000. (Section 20)
- Indigenous communities shall participate in planning and implementation of government programs for their children. (Section 21)
Children in Situations of Armed Conflict (Article X):
- Children are declared as Zones of Peace and shall be protected from threats, assault, torture and recruitment into armed groups. (Section 22)
- Children shall be prioritized during evacuation and provided temporary shelter with facilities for normal family life. (Sections 23-24)
- Arrested children shall have separate detention from adults, free legal assistance, parental notification, and release on recognizance within 24 hours to DSWD custody. (Section 25)
- Barangay chairmen shall submit names of children in areas of armed conflict to the municipal social welfare officer within 24 hours. (Section 26)
Remedial Procedures (Article XI):
- Complaints may be filed by the offended party, parents/guardians, relatives, child-caring institution staff, DSWD officers, barangay chairmen or concerned citizens. (Section 27)
- The offended child shall be placed under protective custody of DSWD. (Section 28)
- The child's name may be withheld from public until the court acquires jurisdiction. Undue publicity resulting in moral degradation is unlawful. (Section 29)
- Cases shall be heard in chambers of the designated Juvenile and Domestic Court, with preference over other cases except habeas corpus, election cases and detention prisoners. (Section 30)
Common Penal Provisions (Article XII):
- Penalties shall be imposed in the maximum period for repeat offenders, corporations, ascendants/relatives, unlicensed establishments, foreigners and public officers/employees. (Section 31)
- A fine determined by the court shall be imposed as a cash fund for rehabilitation of the child victim. (Section 31)
Final Provisions (Article XIII):
- The Departments of Justice and Social Welfare shall promulgate implementing rules and regulations. (Section 32)
- Funds necessary to implement the Act shall be appropriated in the General Appropriations Act. (Section 33)
- The Act shall take effect upon publication in at least 2 national newspapers. (Section 36)
Definitions (Section 3):
- "Children" refers to persons below 18 years old or those over but unable to fully take care of themselves due to physical or mental disability.
- "Child abuse" includes psychological/physical abuse, neglect, cruelty, sexual abuse, emotional maltreatment, degrading acts, deprivation of basic needs, failure to give medical treatment.
- "Circumstances which gravely threaten children" include armed conflict, hazardous working conditions, living on the streets, extreme poverty, natural disasters, etc.
- "Comprehensive program" refers to coordinated services and facilities to protect children against abuse, exploitation and discrimination.
Program on Child Abuse, Exploitation and Discrimination (Article II):
- The Departments of Justice and Social Welfare shall formulate a comprehensive program within 1 year to protect children against abuse, exploitation and discrimination. (Section 4)
Child Prostitution and Other Sexual Abuse (Article III):
- Engaging in, promoting or facilitating child prostitution shall be punished with reclusion temporal medium to reclusion perpetua. (Section 5)
- Attempt to commit child prostitution is punishable with a penalty lower by 2 degrees. (Section 6)
Child Trafficking (Article IV):
- Trading and dealing with children shall be punished with reclusion temporal to reclusion perpetua, with maximum penalty if victim is under 12 years old. (Section 7)
- Attempt to commit child trafficking is punishable with a penalty lower by 2 degrees. (Section 8)
Obscene Publications and Indecent Shows (Article V):
- Hiring, employing or coercing a child for obscene shows/publications shall be punished with prision mayor medium, with maximum penalty if child is below 12 years old. (Section 9)
Other Acts of Abuse (Article VI):
- Other acts of child abuse, cruelty or exploitation not covered by the Revised Penal Code shall be punished with prision mayor minimum. (Section 10)
- Keeping or having a minor 12 years old or younger in certain places shall be punished with prision mayor maximum and a fine of at least P50,000. (Section 10)
- Inducing or delivering a minor to prohibited places shall be punished with prision mayor medium and a fine of at least P40,000. (Section 10)
- Allowing minors in prohibited places shall be punished with prision mayor medium, a fine of at least P50,000, and loss of license. (Section 10)
- Coercing street children to beg, drug trafficking or illegal activities shall be punished with prision correccional medium to reclusion perpetua. (Section 10)
- Penalties for certain crimes under the Revised Penal Code are increased when the victim is under 12 years old. (Section 10)
Sanctions for Establishments (Article VII):
- Establishments promoting child abuse shall be immediately closed, with licenses cancelled and "off limits" sign displayed for at least 1 year. Unauthorized removal is punishable. (Section 11)
Working Children (Article VIII):
- Children below 15 years old are generally prohibited from employment, except under certain conditions with a work permit from DOLE. (Section 12)
- DepEd shall design a non-formal education program for working children. (Section 13)
- Child models cannot be used in ads promoting alcoholic beverages, tobacco and violence. (Section 14)
- Employers must comply with duties under PD 603. Penalties include fines from P1,000 to P10,000, imprisonment of 3 months to 3 years, and license revocation for repeated violations. (Sections 15-16)
Children of Indigenous Cultural Communities (Article IX):
- Indigenous children are entitled to protection, survival and development consistent with their customs and traditions. (Section 17)
- DepEd shall develop a culture-specific alternative education system and accredit non-formal indigenous education programs. (Section 18)
- Health and nutrition services shall prioritize indigenous children, respecting their health practices. (Section 19)
- Discrimination against indigenous children is punishable with arresto mayor maximum and a fine of P5,000 to P10,000. (Section 20)
- Indigenous communities shall participate in planning and implementation of government programs for their children. (Section 21)
Children in Situations of Armed Conflict (Article X):
- Children are declared as Zones of Peace and shall be protected from threats, assault, torture and recruitment into armed groups. (Section 22)
- Children shall be prioritized during evacuation and provided temporary shelter with facilities for normal family life. (Sections 23-24)
- Arrested children shall have separate detention from adults, free legal assistance, parental notification, and release on recognizance within 24 hours to DSWD custody. (Section 25)
- Barangay chairmen shall submit names of children in areas of armed conflict to the municipal social welfare officer within 24 hours. (Section 26)
Remedial Procedures (Article XI):
- Complaints may be filed by the offended party, parents/guardians, relatives, child-caring institution staff, DSWD officers, barangay chairmen or concerned citizens. (Section 27)
- The offended child shall be placed under protective custody of DSWD. (Section 28)
- The child's name may be withheld from public until the court acquires jurisdiction. Undue publicity resulting in moral degradation is unlawful. (Section 29)
- Cases shall be heard in chambers of the designated Juvenile and Domestic Court, with preference over other cases except habeas corpus, election cases and detention prisoners. (Section 30)
Common Penal Provisions (Article XII):
- Penalties shall be imposed in the maximum period for repeat offenders, corporations, ascendants/relatives, unlicensed establishments, foreigners and public officers/employees. (Section 31)
- A fine determined by the court shall be imposed as a cash fund for rehabilitation of the child victim. (Section 31)
Final Provisions (Article XIII):
- The Departments of Justice and Social Welfare shall promulgate implementing rules and regulations. (Section 32)
- Funds necessary to implement the Act shall be appropriated in the General Appropriations Act. (Section 33)
- The Act shall take effect upon publication in at least 2 national newspapers. (Section 36)