REPUBLIC ACT NO.

7610
AN ACT PROVIDING FOR STRONGER DETERRENCE
AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR
OTHER PURPOSES
 DEFINITION OF TERMS

a) “Child” shall refer to a person below eighteen (18) years of age

or one over said age and who, upon evaluation of a qualified
physician, psychologist or psychiatrist, is found to be incapable
of taking care of himself fully because of a physical or mental
disability or condition or of protecting himself from abuse;

b) “Child abuse” refers to the infliction of physical or

psychological injury, cruelty to, or neglect, sexual abuse or
exploitation of a child;
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 DEFINITION OF TERMS

c) “Working child” refers to any child engaged as follows:

i. when the child is below eighteen (18) years of age, in work or
economic activity that is not child labor as defined in the immediately
preceding subparagraph; and
ii. when the child is below fifteen (15) years of age, (i) in work
where he/she is directly under the responsibility of his/her parents or
legal guardian and where only members of the child ‘s family are
employed; or (ii) in public entertainment or information.
 DEFINITION OF TERMS

d) “Child labor” refers to any work or economic activity performed by

a child that subjects him/her to any form of exploitation or is harmful
to his/her health and safety or physical, mental or psychosocial
development.
 DEFINITION OF TERMS

e) “Members of the family” refer to the child’s parents, guardian,

brothers or sisters whether of full or half blood, and other ascendants
and descendants or collateral relatives within the fourth civil degree
of consanguinity.
f) “Employer” refers to any person, whether natural or juridical who,
whether for valuable consideration or not, directly or indirectly
procures, uses, avails itself of, contracts out or otherwise derives
benefit from the work or services of a child in any occupation,
undertaking, project or activity, whether for profit or not. It includes
any person acting in the interest of the employer.
 DEFINITION OF TERMS
g) “Collective needs of the family” refer to such basic needs as food,
shelter, light and water, clothing, education, medical, transportation and
other expenditure items necessary for the survival of the family of the
child.
h) “Work permit” refers to the permit secured by the employer, parent
or guardian from the Department for any child below 15 years of age in
any work allowed under Republic Act No. 9231.
i) “Hours of work” include (1) all time during which a child is required to
be at a prescribed workplace, and (2) all time during which a child is
suffered or permitted to work. Rest periods of short duration during
working hours shall be counted as hours worked.
 DEFINITION OF TERMS

j) “Workplace” refers to the office, premises or worksite where a child

is temporarily or habitually assigned. Where there is no fixed or definite
workplace, the term shall include the place where the child actually
performs work to render service or to take an assignment, to include
households employing children.

k) “Forced labor and slavery” refers to the extraction of work or

services from any person by means of enticement, violence,
intimidation or threat, use of force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt bondage or
deception.
 DEFINITION OF TERMS

l) “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.
NOTE: 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;

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 DEFINITION OF TERMS

o) “Physical injury” includes but is not limited to lacerations, fractured

bones, burns, internal injuries, severe injury or serious bodily harm
suffered by a child;

p) “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;
 DEFINITION OF TERMS

r) “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;

s) “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;
 DEFINITION OF TERMS

t) “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;
 DEFINITION OF TERMS

u) “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; and
 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.
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;
 CHILD PROSTITUTION AND
OTHER SEXUAL ABUSE

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.
 CHILD PROSTITUTION AND
OTHER SEXUAL ABUSE

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
 CHILD PROSTITUTION AND
OTHER SEXUAL ABUSE

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.
 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.
 CHILD TRAFFICKING

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;
b) When a person, agency, establishment or child-caring institution
recruits women or couples to bear children for the purpose of child
trafficking; or
 CHILD TRAFFICKING

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.
 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.
 PROHIBITION ON THE EMPLOYMENT OF
CHILDREN IN WORST FORMS OF CHILD
LABOR
No child shall be engaged in the worst forms of child labor. The
phrase “worst forms of child labor” shall refer to any of the following:
a) All forms of slavery, as defined under the “Anti-trafficking in
Persons Act of 2003”, or practices similar to slavery such as sale
and trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment children for use in
armed conflict.
b) The use, procuring, offering or exposing of a child for prostitution,
for the production of pornography or for pornographic
performances;
 PROHIBITION ON THE EMPLOYMENT OF
CHILDREN IN WORST FORMS OF CHILD
LABOR
c) The use, procuring or offering of a child for illegal or illicit activities,
including the production or trafficking of dangerous drugs
or volatile substances prohibited under existing laws; or

d) Work which, by its nature or the circumstances in which it is

carried out, is hazardous or likely to be harmful to the health, safety
or morals of children.
 INVESTIGATION

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.
 WHO MAY FILE A COMPLAINT

a.) offended party;

b.) parent or legal guardian;

c.) ascendant or collateral relative of the child within the third

degree of consanguinity;

d.) duly authorized officer or social worker of the Department;

 WHO MAY FILE A COMPLAINT

e.) officer, social worker or representative of a licensed child

caring institution;

f.) Barangay Chairman; or

g.) at least three (3) concerned responsible citizens of the community

where the abuse took place who have personal knowledge of the
offense committed.