SPL TSN JULY 6, 2019

R.A 7610 "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."

Q.Who are considered as children?

A: "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
Q.What is considered as Child abuse?

A. (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;

(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.

Ma’am:In summary, Pyschological abuse, Physical abuse, Neglect, Cruelty, Sexual abuse and emotional maltreatment.
Here Child neglect means abandonment, (inaudible), Sexual abuse, sexual intercourse, civil conduct, molestation, prostitution or
(iaudible

Q. What are the punishable acts under RA 7610

A: 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; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
(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
(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.

Ma’am: Please take note that if the child is 12 years old or older, the offender is charged with either SEXUAL ABUSE or RAPE under
RPC.
Why we cannot subject the accused or charge him of section 5 letter b and at the same time, charge him of rape Art. 266-A of RPC?
Why is it isa lang?

A: A person cannot be subjected to a criminal liability for a single criminal act.

In one case, pag below 12 years old, statutory rape. pag 12 years old or older, saan mo siya persecute? Sect 5 (b) or Rape under
RPC.

Ma’am:Please take note the elements of child prostitution and other sexual abuse.
Q.What are the elements of attempt to commit child prostitution.

Q.Maam: What Paragraph under Sec. 10? Where does that fall under Sec. 10

Ans:
(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.

Q.Maam: What if sinaktan niya si X, X1 and X2? Is he liable? Is that an example of slight physical
injury?
In addition to sec 10, par. A of RA 7610?

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Ans:
Yes. It still falls in this paragraph maam.

Q.Maam: How about the case of Slight Physical Injuries?

…
So, the police officer charge the uncle of Sec. 10, Par. A of RA 7610 at the same time of violation of the
crime slight physical injuries?

Ans:
The accused can only be charged with one crime.

Maam:
WHY?

Ans:
Because of the principle of Double Jeopardy.

Maam:
WHY? What is the essence of the crime of slight physical injury?

Ans:
Both crime has similar acts.

Maam:
Is there similar acts? Remember again, that the uncle inflicts emotional abuse to his nephews, then
dinagdag ko na meron nang pananakit. So, magkaperoha ba? Parang hindi noh?

Ans:
Yes Maam. I’ll change my answer. In the given situation Maam, the crimes is differet from one another
maam. Therefore, the principle of double jeopardy will not apply.

Maam: Ok. Pero what if nakalimutan ni police officer mag submit ng medical certificate?

Ans:
In that case, He is still liable for both cases maam.

Maam: Why? Can he still prove the crime of slight physical injury without the med cert?

Ans:
Yes, through testimonials Maam.

Maam: So how can you prove slight physical injury without medical examination made by a physician?

Ans:
Through witnesses and testimonial of the children.

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Maam: So that would be a self-serving evidence. Ok ok, so you’ll change your answer again?

…….

So ok, in situation 1 (emotional abuse), you are correct in saying that he may be prosecuted under Sec. 10,
Par. A of RA 7610. In situation 2 (emotional abuse + hitting the children), the uncle is liable for Sec 10, Par. A
of RA 7610 and Slight Physical injury. In the 3rd Situation (No Med Cert.) he cannot be liable of Slight Physical
Injury in the absence of a Med Cert. issued by a physician. But in RAPE cases, medical certificates, are merely
corroborative evidence, what is important is the direct testimony of the victim, that she is positively is filing
Rape. But, if there is no affidavit from the victim as well as no med cert issued by a physician, so uhm, 50 – 50
na yang kaso. So what I’m saying is, in RAPE cases, if walang medical certificate pero may direct testimony
from the victim mismo, ok lang cause its merely a corroborative evidence. On the other hand, for Slight
Physical Injuries, the medical certificate issued by a Physician is very important. Because, what is the gist or
what is the essence of slight physical injuries? Yung injury of course. So, paano mo yun maproprove? Alangan
sabihin mo na sinaktan ako na pwede mo naman saktan ang sarili mo. So, it’s a self-serving evidence. Hindi
Pwede.
……

Ok, let’s discuss other features of 7610. EMPLOYMENT OF CHILDREN. What is the minimum employable
age? (insert this REPUBLIC ACT NO. 9231 – this amended Sec. 12 of 7610)

Ans: Children below 15 cannot be employed ma’am, so 16.

Maam: ok, so is that the General Rule? Is there an exemption?

Ans: Yes Maam.

Section 12. 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: Provided, however, That his employment neither endangers
his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or
legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or
guardian, with the express agreement of the child concerned, if possible, and the approval of the Department
of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.

Ma’am: ( refer to RA 9231) please take note on the rules if a child below 15 is employed. If the child is below
15, the maximum working hours is 4 hours a day, 20 hours a week and should not work from 10 pm to 6 am.
Work permit must be obtain from DOLE, work done comply with the hours required by law, and the employer

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shall provide access to primary and secondary education and that no employer shall make a child work during
school hours or hinder access to education during school days. TAKE NOTE that the child here works directly
under the sole responsibility of his/her parents or legal guardian, and a child's employment or participation in
public entertainment or information through cinema, theater, radio, television or other forms of media is
essential.

Also take note of the working hours if the child is 15 and older but below 18 (shall not be allowed to work for
more than eight (8) hours a day, and in no case beyond forty (40) hours a week.) or if the child is below 15.

So, CHILD LABOR – any work or economic activity performed by a child that subjects him or her to any form
and/or exploitation which is harmful to his health or safety or to his physical, mental or psychological
development.

Ok Questions? What are these Prohibited Advertisements? No child shall be employed as a model in
any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco
and its byproducts, gambling or any form of violence or pornography (BAR QUESTION) (Kindly refer to
RA 9231)

What are the worst forms of Child Labor? (RA 9231)

“SEC. 12-D. Prohibition Against 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:

“(1) 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 of children for use in armed conflict; or

“(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for
pornographic performances; or

“(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking
of dangerous drugs and volatile substances prohibited under existing laws; or

“(4) 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, such that it:

“a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or

“b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically
or may prejudice morals; or

“c) Is performed underground, underwater or at dangerous heights; or

“d) Involves the use of dangerous machinery, equipment and tools, such as power-driven or explosive power-
actuated tools; or

“e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical
strength or contortion, or which requires the manual transport of heavy loads; or

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“f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious
components and the like, or to extreme temperatures, noise levels, or vibrations; or

“g) Is performed under particularly difficult conditions; or

“h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes, and other
parasites; or

“i) Involves the manufacture or handling of explosives and other pyrotechnic products.”

Also take note, the working hours when the child is 15 and older but below 18 or the child is below 15. So child
labor, any work or economic activity perform by a child that subjects him or her in any form of exploitation which is
harmful to his or her health and safety or physical, mental, psychological development.

Bar question: 2010

Q. Is this a Prohibited advertisements ?

No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic
beverages or intoxicating drinks. Example gambling or any forms of violent or pornography. So that was a bar
question dati.

Work forms of child labor

1. Slavery
2. Prostitution
3. Pornography
4. Illegal or illicit activities (e.g gambling)
5. Work which is hazardous or likely to be harmful to the health safety morals of the children

Children in specialty circumstances (sounds like pero dili ko sure)

Children in armed conflicts

Children refugees

Sec. 27. Who May File a Complaint. - Complaints on cases of unlawful acts committed against the children as enumerated herein
may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
-answered by maam mary joy

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Please take note that the consent of the child is immaterial in criminal cases involving violation of section 5 of RA 7610.
Here, *inaudible defense is not acceptable. Please take note

Case People vs Vigay

Maam: so in this case, the supreme court laid down the doctrine of “ absence of hymen lacernation of the private parts
of the victim does not negate rape. “ when you read cases class, kunin niyo yun, ano ba yun, yuuung mga importanteng
doctrine. Kasi yun yung ginagawa ko dati tapos nilalagay ko lang sa codal so kung maencounter ko sa sunod so example
sa fourth year na, so madali nalang. Yung mga doctrines nalang ang kunin, although kailangan mo paring basahin yung
case.

Please take note

Sec 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.

Maam; so All cases involving minors or accused na minors shall be heard before the regional trial court designated
as family court.

[00:34]: ..designated as the family court.

Pertinent Provisions under RA 7610
 Section 3
- Definition of Children
- What is Child Abuse
- What are the punishable acts
 Section 5
 Attempt to commit Child Prostitution
 Child Trafficking
- Elements of Child Trafficking
 Section 10
- Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development
Ma’am: So kung hindi kasama sa Section 5, huhulugin na lang yan sa Section 10.
 Bar question
- Prohibited Advertisements
 Confidentiality
 Who may file a complaint
 Where to try the case
Ma’am: Basta cases involving Republic Act 7610 shall be tried before the Regional Trial Court designated as
family court.

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Question No. 1
Tonito, an 8-year old boy, was watching a free concert at the Luneta Park with his father Tony. The child, stood on a chair
to be able to see the performers on the stage. Juanito, 10-year old boy, who was also watching the concert could not see
much of the performance because Tonito was blocking his line of sight. Using his elbow, Juanito, 10-year old boy,
strongly shoved Tonito, an 8-year old boy, to get a good view of the stage. The shove caused Tonito to fall to the ground.
Seeing this, Tony, 8-year old boy, struck Juanito on the head with his hand and caused the boy to fall and to hit his head
on the chair. So Tony also wanted to strangle Juanito but the latter’s aunt, Juanito’s aunt, prevented him from doing so. So
Juanito sustained a lacerated wound and requires medical attendance for 10 days. Tony was charged with Section 10(a) in
relation to Section 3(b) of RA 7610. In his defense, Tony contended that he had no intention to maltreat Juanito much less
to degrade his intrinsic worth and dignity as a human being. Was Tony criminally liable for child abuse under RA 7610?
(Base na sa exact words of ma’am sa recording. Pero I think nag mali sya sa pag basa, gi search nako bar question diay
sya. Kani gyud sya guys. Hehe.

Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park with his father Tony. The child stood on
a chair to be able to see the performers on the stage. Juanito, a 10-year-old boy, who was also watching the concert,
could not see much of the performance on the stage because Tonito was blocking his line of sight by standing on the
chair. Using his elbow, Juanito strongly shoved Tonito to get a good view of the stage. The shove caused Tonito to
fall to the ground. Seeing this, Tony struck Juanito on the head with his hand and caused the boy to fall and to hit
his head on a chair. Tony also wanted to strangle Juanito but the latter's aunt prevented him from doing so.
Juanito sustained a lacerated wound on the head that required medical attendance for 10 days.

Tony was charged with child abuse in violation of Sec. 10(a), in relation to Sec. 3(b)(2), of R.A. No. 7610 (Child
Abuse Law) for allegedly doing an "act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being." In his defense, Tony contended that he had no intention to maltreat
Juanito, much less to degrade his intrinsic worth and dignity as a human being.
**please take note na ang difference is kay sa exact words ni ma’am naay “8 year old boy” kanang gi-highlight nako na
red after sa “Seeing this, Tony…” but diri sa gisearch nako kay wala.

Question No. 2
Distinguish crimes mala in se from crimes mala prohibita.