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    Salient Features of RA 7610

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    Pevi Mae Jalipa
    This document summarizes key aspects of RA 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. It outlines the policy of protecting children from abuse, neglect and exploitation. It defines children as those under 18 years of age or those unable to care for themselves. It also defines and gives examples of child abuse, including physical and sexual abuse. The document discusses offenses against children such as child prostitution, trafficking and pornography. It identifies those who may be liable under the law for exploiting children.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Salient Features of RA 7610

    Uploaded by

    Pevi Mae Jalipa
    7K views28 pages
    This document summarizes key aspects of RA 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. It outlines the policy of protecting children from abuse, neglect and exploitation. It defines children as those under 18 years of age or those unable to care for themselves. It also defines and gives examples of child abuse, including physical and sexual abuse. The document discusses offenses against children such as child prostitution, trafficking and pornography. It identifies those who may be liable under the law for exploiting children.

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    This document summarizes key aspects of RA 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. It outlines the policy of protecting children from abuse, neglect and exploitation. It defines children as those under 18 years of age or those unable to care for themselves. It also defines and gives examples of child abuse, including physical and sexual abuse. The document discusses offenses against children such as child prostitution, trafficking and pornography. It identifies those who may be liable under the law for exploiting children.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    7K views28 pages

    Salient Features of RA 7610

    Uploaded by

    Pevi Mae Jalipa
    This document summarizes key aspects of RA 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. It outlines the policy of protecting children from abuse, neglect and exploitation. It defines children as those under 18 years of age or those unable to care for themselves. It also defines and gives examples of child abuse, including physical and sexual abuse. The document discusses offenses against children such as child prostitution, trafficking and pornography. It identifies those who may be liable under the law for exploiting children.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 28

    A synopsis by Atty. Pevi Mae P.

    Jalipa, CPA

    Salient Features of
    RA 7610 or Special
    z Protection Against
    Child Abuse,
    Exploitation and
    Discrimination
    z
    Declaration of Policy
    The State shall 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.
    z
    When do Rights begin?

    The Philippine Constitution, provides,


    The state recognizes the sanctity of family life
    and shall protect and strengthen the family as a
    basic and autonomous social institution. It shall
    equally protect the life of the mother and the life of
    the unborn from conception
    z
    When do Rights begin?

    PD 603 or the Child and Youth Welfare code


    provides,
    A child is endowed with the dignity and worth of
    human being from the moment of conception, as
    generally accepted in medical parlance, and is
    therefore entitled with the right to be born well
    z
    Definition

    "Children" refers to 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;
    z
    Definition
    (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;
    z
    Definition
    (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.
    z
    Physical abuse

    Is characterized by physical injury resulting


    from punching, beating, kicking, biting, or
    otherwise harming a child. The injury may
    have resulted from over discipline or physical
    punishment that is inappropriate to the child
    appropriate to the childs age or condition.
    z
    Offenses Against Children Under RA 7610
    Child Prostitution and other sexual abuse

    Attempt to commit child prostitution

    Child Trafficking

    Attempt to commit child trafficking

    Child Pornography and indecent shows and


    publication
    Other Acts of Neglect, Abuse, Cruelty or Exploitation
    and Other Conditions Prejudicial to the Childs
    Development
    z
    Who are deemed to be children exploited
    in prostitution and other sexual abuse?

    Children, male or female


    Who for money, profit, or other
    consideration or due to coercion or
    influence of adult, syndicate or group
    Indulge in sexual intercourse or
    lascivious conduct.
    z
    What is lascivious conduct?

    Means the intentional touching, either directly or through


    clothing, of the genitalia, anus, groin, breast, inner thigh, or
    buttocks, or any acts of lewdness;
    Done with force or intimidation, fraudulent machination or
    deprived of reason or otherwise unconscious;
    With intent to abuse, humiliate, harass, degrade the child, or
    abuse or gratify the sexual desire of any person
    Bestiality, masturbation, lascivious exhibition of the genitals or
    public area of a person.
    z
    Who may be Liable?

    1. Those who engage in or promote, facilitate or induce child


    prostitution
    2. Those who commit the act of sexual intercourse or lascivious
    conduct with a child exploited in prostitution or subjected to
    other sexual abuse.
    3. 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.
    z
    Attempt to commit Child Prostitution

    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.
    Any person is receiving services from a child in a sauna parlor or
    bath, massage clinic, health club and other similar
    establishments.
    z
    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.
    z
    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
    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.
    z
    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.
    z
    Other Acts of Abuse

    (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
    the Child and Youth Welfare Code.
    (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.
    z
    Other Acts of Abuse
    (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.
    (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
    (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
    z
    Working Children

    Employment of Children. Children below fifteen (15) years of


    age may be employed except:
    (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.
    (2) When a child's employment or participation in public &
    entertainment or information through cinema, theater, radio or
    television is essential
    z
    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.
    z
    Reporting and Investigation of Child
    Abuse Cases

    A person who learns of facts or circumstances that


    gives rise to the belief that a child has suffered abuse
    may report the same, either orally or in writing, to the
    DOJ or DSWD, Police or any other law enforcement
    agency or to the BCPC (Barangay Council for the
    Protection of Children)
    z
    Mandatory Reporting

    The head of any private or public 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 48 hours from knowledge of the same.
    z
    Duty of Government Workers to Report

    It shall be the duty of all teachers and administrators


    in public schools, probation officers, government
    lawyers, law enforcement officers, barangay officials,
    correction officers and other government officials and
    employees whose work involves dealing with children
    to report all incidents of possible child abuse to the
    Department.
    z
    Failure to Report

    Failure of Individuals mandatorily required to report


    and the administrator or head of the hospital, clinic, or
    similar institution concerned to report a possible case
    of child abuse shall be liable
    (NOT MORE THAN P2,000.00)
    z
    Immunity for Reporting

    Any 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.
    z
    Investigation

    Department to act within 48 hours upon the receipt of a reported


    incidence of child abuse.
    If the investigation discloses sexual abuse, serious physical
    injury or life threatening neglect of the child, immediate removal
    of the child from his/her home and putting him/her under
    protective custody will be the immediate action of the
    Departments representative.
    z
    Who may file a complaint?

    Offended party
    Parents or guardians
    Ascendant or collateral relative within 3rd degree of consanguinity
    Officer, social worker or representative of a licensed child-caring
    institution
    Officer or social worker of the DSWD
    Barangay Chairman, or
    Three (3) concerned, responsible citizens where the offense was
    committed.
    z

    1. Protective Custody of the Child. The offended party shall


    be immediately placed under the protective custody of the
    Department of Social Welfare and Development
    2. Confidentiality. At the instance of the offended party, his
    name may be withheld from the public until the court acquires
    jurisdiction over the case.
    3. 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.

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