Persons Liable.

A. Any ascendant, guardian, or person entrusted in any capacity with care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene,
act, or show or in any other acts covered by this section shall suffer the penalty
correspondents to the Philippine Law.

B. Any person who shall commit any other acts of child abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to the child’s development including those
covered by Art. 59 of PD 603(The Child and Youth Welfare Code), but not covered by the
Revised Penal Code.

C. Any person who shall keep or have in his company a minor, twelve years or under or who
is ten 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.

Exceptions: Persons related within the fourth degree of consanguinity or affinity

or any bond recognized by law, local customs and tradition or acts in the
performance if a social, moral or legal duty.

D. Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A.
7610 as above described.

E. Any person, owner, manager or one trusted 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 such place or places any
minor herein described.

F. Any person who shall use, coerce, force or intimidate a street child or aby other child to:
a. Beg or use begging as a means of living
b. Act as conduit or middleman in drug trafficking or pushing
c. Conduct any illegal activities.

Acts Punished:

Section 9: Obscene publications and indecent shows

a.) A child is employed, used, persuaded, induced, or coerced

Aggravating circumstance: if the child used as a performer, subject or seller/distributor in
Violation of par. 1 of Sec. 9 of R.A 7610 is below 12 years old, the penalty for such violation
shall be imposed in its maximum.
b.) To perform in obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials
c.) Such materials are distributed
Section 10: Other acts if Neglect, Abuse, Cruelty or Exploitation and other conditions
Prejudicial to the Child’s Development

This provision refers to acts of child abuse other than child prostitution and other sexual abuse
under Sec. 5 of the said SPL.

1. Neglect – 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.
i. Deprivation of basic need – if the parents of the child failed to provide their child food
and shelter because of poverty, they are not liable for child abuse because such cannot
be said to be unreasonable.
j. Financial need – denial support of a minor resulting to physical and mental anguish.
k. Educational needs- Parents refusal without justifiable ground, also crime of neglect of
the child.
l. Failure to give medical treatment – wounded child.
m. Abandonment of the child – deprive him of the love and care and protection that the
abandoning parent performs.
2. Sexual Abuse – more than a mere sexual intercourse or lasciviousness conduct of the child.
i. Child prostitution or sexual abuse – Acts of sexual intercourse or lasciviousness
conduct committed upon a child exploited in prostitution or subjected to coercion.
3. Other sexual abuse – this includes sexual abuse
i. Incest – with a minor daughter with the use of psychological coercion or influence
constitutes the crime of sexual abuse under Sec. 5 thereof.
ii. Emotional Maltreatment – this is also included.
4. Cruelty – unusual punishment, subjects him to indignatio and other chastisements.
Elements: 1. The offender commits acts of child cruelty. (demeaning act, threat, stalking)
2. The acts of the cruelty are not covered by other provision of RA. No. 7610.
5. Exploitation – elements are;
1. The offender commits acts of child exploitation.
2. the acts committed by the offender are not covered by other provision of RA
7610. (pornography, child labor)
3. the acts of exploitation are not covered by the Revised Penal Code.

a.) Violation of Art. 59, PD 603- Conditions prejudicial to child’s development

b.) Keeping in his company a minor, 12 years or under or 10 years younger than the person liable,
in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna
or massage parlor, beach resort, etc.
c.) Inducement, delivery, or offering of a minor for the abovementioned act
d.) Use, coercion, forcing, or intimidating a street child or any other child to
i. Beg or use begging as a means of living;
ii. Acts as conduit or middlemen in drug trafficking or pushing; or
iii. Conduct any illegal activities

Note: Last Paragraph of Section 10 provides qualifying and extra-ordinary aggravating

circumstances for crimes punishable under the RPC.
1. Qualifying circumstance – under R.A no. 7610, the circumstances of “under 12 years-of-
age victim” is qualifying in homicide, other intentional mutilation, and serious physical
injuries. (Reclusion perpetua).
 i. Murder – RPC as amended by RA No. 9346 is reclusion perpetua. Hence,
regardless of the age of the victim, the penalty imposable is reclusion perpetua.
ii. Homicide – under RPC, reclusion temporal. Under RA 7610, in case under 12 years
old, reclusion perpetua.
2. Aggravating circumstances – Extra aggravating circumstances are those which increase
the penalty by degree.
i. Qualified seduction and consented acts of lasciviousness – one degree higher than
that imposed by law when the victim is under 12 years old.
However, (common elements of qualified seduction and consented acts of
lasciviousness is that the victim must be “over 12 and under 18 years of age”. While
the aggravating circumstance requires that the victim must be “under 12 years old”.

This cannot occur together.

Should be considered as not existent.
ii. Corruption of minor – a person who promotes or facilitates child
prostitution can be prosecuted by this SPL or Art. 340 of the RPC on
corruption of minor. RPC- prision mayor / SPL 7610 – 1 degree higher
than that imposed by law when the victim is under 12 years old.

Sexual abuse compared with rape and act of lasciviousness

Before an accused can be convicted of child abuse through lasciviousness conduct on a minor
below 12 years of age, the requisites for acts of lasciviousness under Art. 336 of the RPC must be
met in addition to the requisites for sexual abuse under Sec. 5 of R.A 7610.

Article 336 is violated when the following elements concur:

1. The offender commits any act of lasciviousness or lewdness;
2. It is done under any of the following circumstances;
a. By using force or intimidation; or
b. When the offended party is deprived of reason or otherwise unconscious; or
c. When the offended party is under 12 years of age and
3. That the offended party is another person of either sex.

Illustrative case is:

People vs. Abello, G.R No. 151952, March 25, 2009.

Dealing with acts of lasciviousness with a minor. Par (h), Sec. 2 of the IRR of R.A 7610
defines lasciviousness conduct as a crime committed through the intentional touching, directly
or through the clothing of the genitalia, anus, groin, breast, inner thigh or buttocks with
intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any
person, among others.

Lasciviousness conduct should be committed on a child who is either exploited in

prostitution or subjected to other sexual abuse which means that: (a) the victim was either
exploited in prostitution or subjected to sexual abuse and (b) she is child as defined under
R.A7610.
Olivarez vs. CA, G.R No. 163866, July 29, 2005.

Explained that “other sexual abuse” covers not only a child abused for
profit, but also one who engages in lasciviousness conduct through the coercion
or intimidation by an adult. In the latter case, there must be some form of
compulsion equivalent to intimidation which subdues the free exercise of the
offended party’s will. In the present case, the prosecution failed to present any
evidence showing that force or coercion attended Abello’s sexual abuse on AAA;
the evidence reveals that she was asleep at the time these crimes happened and
only awoke when she felt her breasts being fondled. Hence, she could not have
resisted OO’s advances as she was unconscious at the time is happened. In the
same manner, there was also no evidence showing that OO compelled herm or
cowed her into silence to bear his sexual assault, after being roused from sleep.
Neither is there evidence that she had the time to manifest conscious lack of
consent or resistance to OO’s assault. More importantly, AAA cannot be
considered a child under Sec. 3 (a). The rr elaborated when it defined a “child”
as one who is below 18 years of age or over said age who, upon evaluation of a
qualified physician, psychologist or psychiatrist, is found to be incapable of
taking care of herself fully because of a physical or mental disability or condition
or of protecting herself from abuse. While AAA’s polio is a physical disability
that rendered her incapable of normal function, no evidence was presented
showing compliance with the rules. Specifically, the prosecution did not present
any evidence of any medical evaluation or medical finding from a qualified
physician, psychologist or psychiatrist attesting that AAA’s physical condition
rendered against sexual abuse. Under the circumstances, AAA is not a child
under R.A 7610. Since R.A 7610 is a special law referring to a particular class in
society, the prosecution must show that the victim truly belongs to this particular
class to warrant the application of the statute’s provisions. Any doubt in this
regard must be resolved in favor of the accused.

Relationship of Rape and Sexual Abuse.

People v. Abay G.R. No. 177752, February 24, 2009.

Rationale: This explains that per Sec. 5(b), Art. III of R.A 7610 in relation to R.A8353, if the
victim of sexual abuse is below 12 years of age, the offender should not be prosecuted for
sexual abuse but for statutory rape under the RPC and penalized with reclusion perpetua.
On the other hand, if the victim is under 12 years or older, the offender should be charged with
either sexual abuse (sexual intercourse with a child subjected to abuse) under Sec. 5 (b) or rape
under Article 266-A (except par. 1(d)). However, offender cannot be accused of both crimes for
the same act because his right against double jeopardy will be prejudiced. A person cannot be
subjected twice to criminal liability for a single criminal act. Likewise, rape cannot be complexed
with violation of Sec. 5(b). Article 48 of the RPC does not allow felony thereunder (such as rape)
to be complexed with an offense penalized by a special law. (People vs. Araneta, 48 Phil, 650) In
this case, the victim was more than 12 years old when the crime was committed against her. The
information against appellant stated that AAA was 13 old at the time. Therefore, appellant may
prosecuted either for violation of Sec. 5(b) of R.A 7610 or rape under the RPC.

Whether the act is a rape or acts of lasciviousness involving instrument or finger.

People vs. Cabellos G.R. No. 1691642, September 12, 2008

That the date of the effectivity of R.A 8353 is material (The Anti-Rape Law). Upon
effectivity, when the criminal act consists of inserting a finger into another’s genital it is rape by
sexual assault. The information must charge him correctly otherwise, he cannot be convicted of
rape by means of sexual assault for that would violate his right to be informed of the nature of the
charge against him. Since acts of lasciviousness is necessarily included in rape he could be
convicted of the latter.

Cabila vs. People, G.R. No. 173491, November 23, 2007.

A prosecution for acts of lasciviousness under RPC or R.A. 7610 does not require any proof of
inquiry in order to prove its commission.

This guideline was pronounced in People vs. Abulon G.R. No. 174473, August 17, 2007, thusly;

In establishing the minority of the victim, the rules are;

1. The best evidence to prove the age of the offended is an original or certified true copy
of the certificate of live birth is such party.
2. In the absence of certificate of live birth, similar authentic documents such as baptismal
certificate and school records which show the date of birth of the victim would suffice
to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or
destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim’s
mother or a family member on matters respecting pedigree such as the exact age or date
of birth of offended shall be sufficient under the following circumstances:
a. If the victim is alleged to be below three years of age and what is sought to be
proved is that she is less than 7 years old;
b. If the victim is alleged to be below seven years of age and what is sought to be
proved is that she is less than 12 years old;
c. If the victim is alleged to be below 12 years of age and what is sought to be proved
is that she is less than 18 years old.
4. In the absence of certificate of live birth, authentic document, or the testimony if the
victim’s mother or relatives concerning the victim’s age, the complainant’s testimony
will suffice provided that it is expressly and clearly admitted by the accused.
5. It is the prosecution that has the burden of proving the age of the offender party the
failure of the accused to object to the testimonial evidence regarding age shall not be
taken against him.

Remedial Procedures
 Offended party
 Parents or Guardian
 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 concerned, responsible citizens where the offense was committed.
 Protective Custody of the Child- offended party will immediately be placed under the custody
of the DSWS Confidentiality of offended party’s identity Special court proceedings- RTC as
Juvenile and Domestic Court; preference to the hearing or disposition of cases involving
violations of this Act.

Penalties

Penalties for those found guilty of the crime of Child Prostitution and Other Sexual Abuse

a. (Procurer) Reclusion Temporal (Medium) to Reclusion Perpetua for acts described in

Article III Section 5(a)
b. (Client/John) Reclusion Temporal (Medium) to Reclusion Perpetua for the act of sexual
intercourse or lascivious conduct with a child exploited in prostitution. -
a. IF CHILD IS UNDER TWELVE (12) YEARS OLD. Sexual Intercourse
considered as Rape: Reclusion Perpetua-
b. IF CHILD IS UNDER TWELVE (12) YEARS OLD. Lascivious Conduct:
Reclusion Temporal (Medium)
c. (Manager/Owner of Establishment) Reclusion Temporal(Medium) to Reclusion Perpetua
to those who are found to have derived profit or advantage from child prostitution.
d. (Attempted Felonies) Attempt to commit Child Prostitution carries with it a penalty two
(2) degrees lower than the prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Child Trafficking

a. (Procurer) Reclusion Temporal to Reclusion Perpetua to those engage in trading

and dealing with children. The penalty shall be applied in its Maximum period
when the victim is under twelve (12) years of age.
b. (Attempted Felony) Attempt to commit Child Trafficking carries with it a penalty
two (2) degrees lower than the prescribed penalty for its consummated counterpart.

Penalties for those found guilty of the crime of Obscene Publications and Indecent Shows
involving children

a. (Procurer) Reclusion Mayor (Medium) for acts described in Article V Section 9(1)
a. - IF CHILD IS UNDER TWELVE (12) YEARS OLD. Penalty shall be imposed in
its Maximum period.
 b. (Ascendant/Guardian) Prision Mayor (Medium) to those who are found to have caused or
allowed the child to be employed or to participate in obscene play, scene act, movie or
show, or in other acts covered by Article V Section 9.

Penalties for those found guilty of the crime of Other Acts of Abuse involving children.

a. (Parents) Prision Mayor (Minimum) for those found guilty of Child Abuse or
Neglect including those covered by Article 59of PD No. 603 (The Child and Youth
Welfare Code)

b. (Stranger) Prision Mayor (Maximum) and a fine of not less than fifty thousand
pesos (P50,000.00) shall be imposed on one in whose company a minor either under
twelve (12) years of age, or who in ten (10) years or more is his junior is found, in
any of the places enumerated in Article VI Section10(b), where there exists a
relationship not within the fourth degree of consanguinity or affinity, or by any
bond characterized in the same statute.

c. (Procurer) Prision Mayor (Medium) and a fine of not less than forty thousand pesos
(P40,000.00) shall be imposed on procurer for the violation of this Article.
-Should the procurer be an ascendant, stepparent, or guardian of the child: Prision
Mayor (Maximum) and a fine of not less than fifty thousand pesos(P50,000.00)
d. (Manager/Owner of Establishment) Prision Mayor (Medium)and a fine of not less
than fifty thousand pesos (P 50,000.00) and the loss of their license to operate are imposed
upon those who are found to have derived profit or advantage from violations of this
Article.

e. (Coercion to beg and other illegal activities) Prision Correccional (Medium) to

Reclusion Perpetua shall be imposed on those who either: coerces a child to beg as a means
of living, to act as a conduit in drug trafficking or pushing, to conduct any illegal activity.

f. (Physical Injury) Reclusion Perpetua will be imposed on those found guilty of the
crimes of Murder, Homicide, Other Intentional Mutilation and Serious Physical Injuries,
WHERE THE VICTIM IS UNDER TWELVE (12) YEARSOLD.

g. (Moral and Emotional Injury) A penalty one (1) degree higher will be imposed on
those found guilty of the crimes of Qualified Seduction, Acts of Lasciviousness with
Consent, Corruption of Minors, and White Slave Trade, WHERE THE VICTIM IS
UNDER TWELVE (12) YEARS OLD.

Sanctions for Establishments or Enterprises

a. Immediate Closure of Establishment

b. The Revocation of the License to Operate
c. A Public “Off Limits” Sign posted outside the establishment for a period not less than one
(1) year. The unauthorized removal of which will be punishable by Prision Correccional.

Penalties for those found guilty of violating the Article on Working Children
a. Fine not less than one thousand pesos (P1,000.00) but not more than ten thousand pesos
(P10,000.00)
b. Alternatively, imprisonment of not less than three (3) months, but not more than three (3)
years.
c. Or both penalties at the discretion of the court
d. In cases of repeat offenders, their license to operate shall be revoked.