LAWS ON WOMEN AND

CHILDREN IN RELATION TO
KP LAW AND BARANGAY
JURISDICTION

Outline of Presentation

Relevant Provisions of RA 9262 (Law on VAWC)

Relevant Provisions of RA 7610 (Law against Child
Abuse)
RA 9208 (The Anti-Trafficking in Persons Act of
2003)
Relevant Provisions of 9344
RA 6972 (Brgy Level Total Devt & Protection of
Children)
Relevant Provisions of RA 10361 (Kasambahay
Law)

Republic Act 9262

AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR
OTHER PURPOSES (VAWC)

VAWC refers to any act or a series of acts committed by any

person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating
relationships, or with whom he has a common child, or against her
child whether legitimate or illegitimate, inside or outside the family
residence, which result or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse. It includes
threats of the above acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
Acts include
physical violence
acts that include bodily or physical harm
sexual violence
Rape, sexual harassment, acts of lasciviousness, treating
a woman or her child as a sex object,
forcing the woman or her child to do indecent acts
and/or make films thereof, forcing the wife and
mistress/lover to
live in the conjugal home or sleep
together in the same
room with the abuser

Acts causing or attempting to cause the victim to

engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or
other harm or coercion
Prostituting the woman or child
psychological violence
refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim
intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity.
It includes causing or allowing the victim to
witness the physical, sexual or psychological
abuse of a member of the family to which the
victim belongs, or to witness pornography in
any form xxx

 economic abuse
acts that make or attempt to make a woman
financially dependent, such as
Withdrawal of financial support, preventing the
from engaging in any legitimate
profession,
occupation, business or activity

victim

Deprivation or threat of deprivation of financial

resources and the right to the use and enjoyment of the
conjugal, community or property owned in common
Destroying household property
Controlling the victims' own money or properties or solely
controlling the conjugal money or properties
These acts are punishable even if committed outside the
house.

Children means the children of the abused woman, below 18

years old, legitimate or illegitimate, or 18 years old and above
who are incapable of taking care of themselves, including
children who are not her biological children but who are under
her care.
If the acts are committed in the presence of the womans child,
or
if the woman or child is pregnant, the penalty shall be the
maximum period prescribed by law.
Example: the womans niece who lives with her is a child under
her care; the woman who acts as a legal guardian of a minor

Violence against women and their children shall be considered a

public offense
Who can file a complaint?
A complaint may be filed by any citizen having personal
knowledge of the circumstances involving the commission
of the crime
Persons who can be held liable for violation of RA
9262:
a. husbands;
b. former husbands;
c. present and former boyfriends or live-in partners;
d. those with whom the woman has a common child, or
e. anyone with whom she has/had sexual or dating
relationship.
Example: A woman who has a child by her rapist who harasses
or abuses her is protected by this law because they
have a common child.

Rights of victims under this law

1)to be treated with respect and dignity
2) legal assistance from the Public Attorneys office or any
public legal assistance, including from the local government
unit.
3) support services from DSWD and local government
4) to be informed of their rights and services available,
including their right to a protection order
5) if the victim is an indigent, or even if she is not but there is
an immediate necessity to act on the protection order, the
victim can file for a protection order in court without payment
of court fees.

Remedies of the victim

She and/or her children can request for:
a) Barangay Protection Order (BPO);
b) Temporary Protection Order (TPO);
c) Permanent Protection Order (PPO) with the court; and
d) File a criminal action for violation of R.A. 9262.
Protection Order
A Protection Order is an order issued under the Act for the
purpose of preventing further acts of violence against a woman or her
child and granting other necessary relief. To safeguard the victim from
further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently
regain control over her life. (Reliefs under Sec. 8)
Barangay Protection Order
A BPO refers to the Protection Order issued by the Punong
Barangay (PB) or if the PB is unavailable, by kagawad ordering
the offender to desist from committing or threatening physical
harm to the victim. It is effective for 15 days and is not extendible.

How does the victim get a BPO?

1) She or her child can go to the Punong Barangay or if he/she
is not available, to any kagawad, and apply for a Barangay
Protection Order (BPO). The application must be in writing,
signed and under oath. It shall be attested before the Punong
Barangay who has jurisdiction over the application. (See Sec. 11applies to both BPO and TPO/PPO)
2) The PB or kagawad must issue the BPO on the same day of
application, immediately upon the conclusion of the exparte
proceedings.
What should the Barangay Officials do when the
victim applies for a BPO?
1) Assist her in writing her application. If there is no notary
public or it is an emergency, have the applicant take an oath
before the PB that her statements are true.
2) Ask questions on the salaysay or statement of the
applicant. Be sure the date of commission of the offense,
place and specific circumstances are in the statement.

Person/s who may file for a protection order from the

barangay or court
the offended party;
parents or guardians of the offended party;
ascendants, descendants or collateral relatives within 4th civil
degree of consanguinity or affinity;
social workers of DSWD or
social workers of local government units;
police officers,
Punong Barangay or Kagawad
lawyer, counselor, therapist or healthcare provider of victim; or
At least 2 citizens of the city who have personal knowledge of the
commission of the crime.
Example: If the woman is unable to file for a protection order,
her sister or first cousin can file for her, but the
application must state that the woman consented.

Sanctions against a perpetrator who violates the Barangay

Protection Order (BPO)?
Violation of BPO shall be a ground for court action. If
found guilty, the perpetrator shall be ordered by the court to
suffer imprisonment of thirty (30) days without prejudice to
other criminal or civil action that the of fended party may file
for any acts committed.
The Punong Barangay or Kagawad who issued the BPO shall
initiate a complaint against the perpetrator for violation of the
BPO and if he/she is no longer in office or is incapacitated, a
complaint for a violation of the BPO may be filed by any
barangay official.
Where can a complaint for violation of BPO be
filed?
A complaint for a violation of BPO can be filed directly with any
Municipal Trial Court, Metropolitan Trial Court or Municipal
Circuit Trial Court that has territorial jurisdiction over the
barangay that issued the BPO.

What is another option for the woman or her child?

With or without a BPO, she can apply for a Temporary Protection
Order (TPO) from the Family Court in her place of residence, or if
there is no Family Court, in Regional Trial Court, the Municipal
Trial Court or Municipal Circuit Trial Court or Metropolitan Trial
Court.
Where do you file for a TPO or PPO?
An application for a TPO or PPO may be filed in the Family
Court where the woman or her child resides. If there is no Family
Court, file in the Regional Trial Court, Municipal Trial Court,
Municipal Circuit Trial Court or Metropolitan Trial court where
the woman or her child resides.
Is there a filing fee for a Petition for TPO and PPO?
Yes, but if the petitioner is an indigent or there is an
immediate necessity due to imminent danger or threat of danger
to act on an application for a protection order, the court shall
accept the application without payment of the filing fee and other
fees and of transcript of stenographic notes.

Temporary Protection Order (TPO)

The protection order issued by the court on the date of filing of
the application after ex parte determination that such order
should be issued. A court may grant in a TPO any, some or all
of the reliefs mentioned in Section 8 and shall be effective for
thirty (30) days.
The court shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO. The court
shall order the immediate personal service of the TPO on the
respondent by the court sheriff who may obtain the assistance
of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the
issuance of a PPO. (Sec. 15)
Permanent Protection Orders (PPO)
refers to protection order issued by the court after notice and
hearing. (Sec. 16)

What is a Bond to Keep the Peace for?

It is for the purpose of ensuring that the respondent will not
violate the TPO or PPO. The amount of the bond is up to the
judge. If the respondent violates the TPO or PPO , this bond will
be forfeited.
All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be
punishable with a fine ranging from Five Thousand Pesos
(P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.

Sec. 30. Duties of Barangay Officials and Law Enforcers.

Barangay officials and law enforcers shall
have the following duties:
(a) respond immediately to a call for help or request for
assistance or protection of the victim by
entering the house if necessary whether or not a
protection order has been issued and ensure the safety
of the victim/s;
(b) confiscate any deadly weapon in the possession of
the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of
their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from
the house;
(e) assist the barangay officials and other government
officers and employees who respond to a call
for help;
(f) ensure the enforcement of the Protection Orders
issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator without a warrant when

any of the acts of violence defined by the law is occurring, or
when he/she has personal knowledge that any act of abuse has
just been committed, and there is imminent danger to the life or
limb of the victim; and
(h) immediately report the call for assessment or assistance of
the DSWD, social Welfare Department of LGUs or accredited
non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the
incident shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.
Administrative complaint against the barangay official for
failure to perform his/her duties can also be filed by victimsurvivor with the Sanggunian Panlungsod or Bayan for gross
neglect of duty or malfeasance. (Sec. 47)
Any person, private individual or police authority or barangay
official who, acting in accordance with law, responds or
intervenes without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not be liable
for any criminal, civil or administrative liability resulting
therefrom. (Sec. 34)

Training of Persons Involved in Responding to Violence Against Women

and their Children
Cases. All agencies involved in responding to violence against women
and their children cases shall be required to undergo education and
training to acquaint them with:
a. the nature, extend and causes of violence against women and their
children;
b. the legal rights of, and remedies available to, victims of violence
against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to
offer protection and assistance; and
e. techniques for handling incidents of violence against women and
their children that minimize the
likelihood of injury to the officer and promote the safety of the victim
or survivor.
The PNP, in coordination with LGU's shall establish an education and
training program for police officers and barangay officials to enable
them to properly handle cases of violence against women and
their children. (Sec. 42)

Confidentiality
All records pertaining to cases of violence against women
and their children including those in the barangay shall be
confidential and all public officers and employees and public
or private clinics to hospitals shall respect the right to
privacy of the victim. Whoever publishes or causes to be
published, in any format, the name, address, telephone
number, school, business address, employer, or other
identifying information of a victim or an immediate family
member, without the
latter's consent, shall be liable to the contempt power of
the court.
Any person who violates this provision shall suffer the
penalty of one (1) year imprisonment and a fine
of not more than Five Hundred Thousand pesos
(P500,000.00). (Sec. 44)
Penalties
Section 6

Can the barangay officials mediate or conciliate?

No. Conciliation and mediation of acts of violence against
women and their children are not allowed under this law (Sec.
33, RA 9262). R.A.9262 amended Secs. 410-413 of the Local
Government Code.
The barangay officials, police or social workers should not
attempt to mediate or influence the woman to give up her legal
action or application for a BPO, TPO or PPO.

Republic Act No.

7610
Special Protection of Children
Against Child Abuse,
Exploitation and
Discrimination

Definition

Children - persons below 18 years of

age or those over but are unable to
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.

Definition

CHILD ABUSE -Refers to maltreatment, whether

habitual or not, of the child which includes any of
the following;

Psychological and physical abuse, neglect,

cruelty, sexual abuse and emotional
maltreatment;
Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;

Definition

CHILD ABUSE -Refers to maltreatment,

whether habitual or not, of the child which
includes any of the following;

Unreasonable deprivation of his basic

needs for survival, such as food and
shelter
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

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

Child Prostitution and Other

Sexual Abuse

Who are deemed to be children exploited

in prostitution and other sexual abuse?
Children, whether 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

Child Prostitution and Other

Sexual Abuse

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 act of lewdness;
Done with force or intimidation, fraudulent
machination or grave abuse of authority; or where
the offended party is deprived of reason or otherwise
unconscious;
With intent to abuse, humiliate, harass, degrade the
child, or arouse or gratify the sexual desire of any
person
Bestiality, masturbation, lascivious exhibition of the
genitals or pubic area of a person

Child Prostitution and Other

Sexual Abuse
Who may be liable?
Those who engage in, or promote, facilitate or
induce child prostitution which includes, but are
not limited to, the following:

acting as a procurer of a child prostitute

inducing a person to be a client of a child prostitute
taking advantage of influence or relationship to
procure a child as a prostitute
threatening or using violence towards a child to
engage him as a prostitute
giving monetary consideration/pecuniary benefit

Penalty- Reclusion Temporal med-Reclusion Perpetua

Child Prostitution and Other

Sexual Abuse

Those who commit the act of sexual intercourse or

lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse.
Penalty-same with Art. 335 and 336 of RPC except
if victim is under 12 yrs (Rec.Temp. med)
Those who derive profit or advantage therefrom -as
manager or owner of the establishment where the
prostitution takes place/establishment serving as
cover or which engages in prostitution other than
activity it was licensed for.
Penalty-Reclusion Temporal med-Reclusion Perpetua

Attempt to Commit Child

Prostitution

Any person, 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 establishment,
vessel, vehicle or any other hidden or secluded
area which would lead a reasonable person to
believe that the child is about to be exploited in
prostitution and other sexual abuse.
Any person, receiving services from a child in a
sauna parlor or bath, massage clinic, health club
and other similar establishments.
Penalty- 2 deg.lower than that prescribed for the
consummated felony

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.
Penalty-Reclusion Temporal-Reclusion
Perpetua. If victim is under 12 years,
maximum period

Attempt to Commit
Child Trafficking

Allowing a child to travel alone to a foreign

country
Pregnant womans execution of affidavit of
consent to adoption of unborn child for
consideration
Recruitment of women or couples for child
bearing for purposes of child trafficking
Simulation of birth by doctor, hospital, clinic
official, etc. for the purpose of child trafficking
Finding children among low-income families,
hospitals etc. to sell
Penalty- 2 deg. Lower from the consummated felony

Obscene Publication 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, pose, or model in obscene
publications or
pornographic materials or to sell or distribute the said materials
Penalty- Prision Mayor. If under 12 years, maximum period.

Obscene Publications and Indecent

Shows:

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, movie or show or in any other
acts covered by this section shall
suffer the penalty of Prision Mayor
medium.

Other Acts of Abuse

Any person who shall commit any other acts

of child abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to
the childs development including those
covered by Art. 59 of PD 603, but not
covered by the Revised Penal Code
Penalty- Prision Mayor Minimum

Other Acts of Abuse

Any person who shall keep or have in his company a

minor, twelve (12) years or under or who is 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.
Exception:Person related within the fourth degree of
consanguinity or affinity or any bond recognized by
law, local customs and tradition or acts in the
performance of a social, moral or legal duty.
Penalty- Prision Mayor maximum and fine of not less
than Php 50,000.00.

Other Acts of Abuse

Any person who shall induce or deliver or offer a minor to

anyone prohibited under R.A. 7610 as above described.
Penalty-Prision Mayor Medium and fine of not less than
Php 50,00.00.
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.
Penalty-Prision Mayor Medium and fine of not less than
Php 50,000.00

Other Acts of Abuse

Any person who shall use, coerce, force or

intimidate a street child or any other child
to:
beg or use begging as a means of living
act as conduit or middleman in drug
trafficking or pushing
conduct any illegal activities.

Penalty- Prision Correccional Medium-Reclusion

Perpetua

Penalties for Specific Crimes

When victim is under 12 years and for

purposes of this act, the penalties for
Murder, Homicide, other intentional
mutilation, Serious Physical InjuriesReclusion Perpetua.
For Qualified Seduction, acts of
lasciviousness with consent, corruption of
minors, white slave trade- one degree
higher than that imposed by law.

Remedial Procedures

Who may file a complaint?

Offended Party
Parents or Guardians
Ascendant or collateral relative within 3 rd 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

Remedial Procedures

Protective Custody of the Child

(DSWD will be free from any administrative, civil or criminal
liability)

Confidentiality

Name of the offended party withheld from the public until the
court acquires jurisdiction
Unlawful to cause undue and sensationalized publicity of any case

Special Court Proceedings

Protection of victim from undue publicity (IRR)
records

Anti-Trafficking in
Persons Act of 2003

Republic Act 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY
WOMEN AND CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL MECHANISMS
FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER PURPOSES

DEFINITION OF TERMS
TRAFFICKING IN
PERSONS:

Refers to the:
a) recruitment,
b) transportation,
c) transfer, or
d) harboring, or
e) receipt of persons
with or without the victims consent or
knowledge,
within or across national borders

by means of:
a) threat or use of force, or other forms of coercion,
b) abduction,
c) fraud,
d) deception,
e) abuse of power or of position,
f) taking advantage of the vulnerability
of the person, or
g) the giving or receiving of payments
or benefits to achieve the consent of a
person having control of another person

 For the purpose of exploitation which

includes at the minimum:

a) exploitation or prostitution
b) other forms of sexual exploitation
c) forced labor or services, slavery,
servitude or
d) removal or sale of organs
If the victim is a child, the recruitment,
transportation, transfer, harboring or
receipt shall be considered trafficking
in persons even if it does not involve
any of the means set forth in the
preceding paragraph

Acts of Trafficking in Persons

To recruit, transport, transfer, harbor,

provide, or receive a person by any
means, including those done under
the pretext of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, etc

Acts of Trafficking in Persons (2)

To introduce or match for money,

profit, or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a
foreign national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her to
engage in prostitution, etc

Acts of Trafficking in Persons (3)

To offer or contract marriage, real or

simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in
prostitution, etc

Acts of Trafficking in Persons (4)

To undertake or organize tours and

travel plans consisting of tourism
packages or activities for the purpose
of utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
To maintain or hire a person to
engage in prostitution or
pornography;

Acts of Trafficking in Persons (5)

To adopt or facilitate the adoption of

persons for the purpose of
prostitution, etc
To recruit, hire, adopt, transport or
abduct a person, by means of threat
or use of force, fraud, deceit,
violence, coercion, or intimidation for
the purpose of removal or sale of
organs of said person

Acts of Trafficking in Persons (6)

To recruit, transport or adopt a child

to engage in armed activities in the
Philippines or abroad

Acts that Promote Trafficking

in Persons

To knowingly lease or sublease, use

or allow to be used any house,
building or establishment for the
purpose of promoting trafficking in
persons

Acts that Promote Trafficking

in Persons (2)

To produce, print and issue or

distribute un-issued, tampered or
fake counseling certificates,
registration stickers and certificates
of any government agency which
issues these certificates and stickers
as proof of compliance with
government regulatory and predeparture requirements for the
purpose of promoting trafficking

Acts that Promote Trafficking

in Persons (3)

To advertise, publish, print,

broadcast or distribute, or cause the
advertisement, publication, printing,
broadcasting or distribution by any
means, including the use of
information technology and the
internet, or any brochure, flyer, or
any propaganda material that
promotes trafficking

Acts that Promote Trafficking

in Persons (4)

To assist in the conduct of

misrepresentation or fraud for
purposes of facilitation the
acquisition of clearances and
necessary exit document from
government agencies mandated to
provide pre-departure registration
and services for the purpose of
promoting trafficking

Acts that Promote Trafficking

in Persons (5)

To facilitate, assist or help in the exit

and entry of persons from/to the
country at international and local
airports, territorial boundaries and
seaports who are in possession of
un-issued, tampered or fraudulent
travel documents for the purpose of
promoting trafficking in persons

Acts that Promote Trafficking

in Persons (6)

To confiscate, conceal, or destroy the

passport, travel documents, or
personal documents or belongings of
trafficked persons in furtherance of
trafficking or to prevent them from
leaving the country or seeking
redress from the government or
appropriate agencies

Acts that Promote Trafficking

in Persons (7)

To knowingly benefit from, financial

or otherwise, or make use of, the
labor or services of a person held to
a condition of involuntary servitude,
forced labor, or slavery

Qualified Trafficking in
Persons

When the trafficked person is a child

When the adoption is effected
through Republic Act No. 8043,
otherwise known as the InterCountry Adoption Act of 1995 and
said adoption is for the purpose of
prostitution, etc..

Qualified Trafficking in
Persons (2)

When the crime is committed by a

syndicate, or in large scale.
Trafficking is deemed committed by a
syndicate if carried out by a group of
three (3) or more persons conspiring
or confederating with one another. It
is deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group

Qualified Trafficking in
Persons (3)

When the offender is an ascendant,

parent, sibling, guardian or a person
who exercises authority over the
trafficked person or when the offense
is committed by a public officer or
employee

Qualified Trafficking in
Persons (4)

When the trafficked person is

recruited to engage in prostitution
with any member of the military or
law enforcement agencies
When the offender is a member of
the military or law enforcement
agencies

Qualified Trafficking in
Persons (4)

When by reason or on occasion of

the act of trafficking in persons, the
offended party dies, becomes insane,
suffers mutilation or is afflicted with
Human Immunodeficiency Virus
(HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).

Penalties

Acts of Trafficking imprisonment of

twenty (20) years and a fine of not
less than One million Pesos but not
more than Two million pesos

Penalties (2)

Acts that promote trafficking

imprisonment of fifteen (15) years
and a fine of not less than Five
hundred thousand pesos but not
more than One million pesos

Penalties (3)

Qualified trafficking life

imprisonment and a fine of not less
than Two million pesos but not more
than Five million pesos

Use of Trafficked Persons

Any person who buys or engages the

services of trafficked persons for
prostitution shall be penalized as follows:
(a)First offense six(6) months of
community service as may be
determined by the court and a fine of
Fifty thousand pesos(P50,000.00); and
(b) Second and subsequent offenses
imprisonment of one (1) year and a fine
of One hundred thousand pesos
(P100,000.00).

Confidentiality

At any stage of the investigation, prosecution and

trial of an offense under the Act, law enforcement
officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the
trafficked person and the accused.
Law enforcement officers, prosecutors and judges
to whom the complaint has been referred may
order a closed-door investigation, prosecution or
trial. The name and personal circumstances of
the trafficked person or of the accused, or any
other information tending to establish their
identities shall not be disclosed to the public

Confidentiality

In cases when the prosecution or trial is

conducted behind closed doors, it shall be
unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer
or producer in case of television and radio,
producer and director of a film in case of the
movie industry, or any person utilizing tri-media
facilities or information technology to cause
publicity of any case of trafficking in persons.
Penalty: imprisonment of six (6) years and a fine
of not less than Five hundred pesos but not more
than One million Pesos

PROGRAMS AND PROTECTION

(2)
Roles and Responsibilities of LGUs:
Monitor and document cases of trafficked
persons in their areas of jurisdiction
Effect the cancellation of licenses of
establishments which violate the provisions of
the Act and ensure its effective prosecution
Undertake an information campaign against
trafficking in persons through the
establishment of the MAIN desks in
municipalities and provinces in coordination
with DILG, PIA, CFO, NGOs

PROGRAMS AND PROTECTION

(3)
Roles and Responsibilities of LGUs:
Encourage and support community based
initiatives which address trafficking in persons;
Provide basic social services for the prevention,
rescue, recovery, rehabilitation and
reintegration/after care services to victims of
trafficking and their family
Enact ordinances or issuances aimed at
providing protection and support to trafficked
persons and adopt measures to prevent and
suppress trafficking

PROGRAMS AND PROTECTION

(4)
Roles and Responsibilities of LGUs:
Strengthen, activate and mobilize
existing committees, councils, similar
organizations and special bodies at the
provincial, city, municipal and barangay
levels to prevent and suppress
trafficking in persons

PROGRAMS AND PROTECTION

(6)

Legal Protection

trafficked persons are recognized as victims and shall not

be penalized for crimes directly related to the acts of
trafficking or in obedience to the order made by the
trafficker. Consent of trafficked person to the intended
exploitation shall be irrelevant.

Witness protection program under R.A. 6981

Mandatory services:

Emergency shelter or appropriate housing

Counseling
Free legal services
Medical or psychological services
Livelihood and skills training
Educational Assistance to a trafficked child

Who can file complaint:

Any person who has personal

knowledge of the commission of any
offense under this Act
The Trafficked person
The parents
Spouse
Siblings
Children
Legal Guardian

Where to file complaint:

Where the offense was committed,
Where any of its element occurred, or
Where the trafficked person actually
resides at the time of the commission of
the offense
Proviso: that the court where the criminal
action is first filed shall acquire jurisdiction
to the exclusion of other courts

Prescriptive period:
Trafficking cases under this Act shall
prescribe in ten (10) years.
Exception: When committed by a
syndicate or in a large scale, they
prescribe in twenty (20) years.

Republic Act 6972

Barangay-Level Total Development and

Protection of Children Act
(In relation to Republic Act 8980: An Act
Promulgating a Comprehensive Policy and a
National System for Early Childhood Care and
Development)

AN ACT ESTABLISHING A DAY CARE

CENTER IN EVERY BARANGAY,
INSTITUTING THEREIN A TOTAL
DEVELOPMENT AND PROTECTION OF
CHILDREN PROGRAM

Definition
Early Childhood Care and Development
(ECCD) System
the full range of health, nutrition, early
education and social services programs that
provide for the basic holistic needs of young
children from birth to age six (6), to promote
their optimum growth and development .
(Section 4, RA 8980)
Center-based programs include:
Day care service established under
Republic Act No. 6972, among others

State Policy under RA 6972:

to defend the right of children to assistance, including proper
care and nutrition, and to provide them with special
protection against all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their
development.

Filipino children up to six (6) years of age deserve the best

care and attention at the family and community levels hence,
this Act authorizes the establishment of a day care center
in every barangay with a total development and protection
of children program as provided in this Act instituted in every
barangay day care center.

Implementing Agency
The program shall be implemented by the Barangay
The sangguniang barangay may call upon private
volunteers, who are responsible members of the
community, and utilize them to assist in the care of
children and provide consultative services for medical,
educational, and other needs of the children.
Coverage
The total development and protection of children for day care
centers shall be provided for:
children up to six (6) years of age with consent of parents
in case of abused, neglected or exploited children, consent of
parents is not required

Program Includes (among others)

Care for children of working mothers during the day and, where
feasible, care for children up to six (6) years of age when mothers
are working at night: provided, that the day care center need not
to take care of children in a particular place but shall develop
network of homes where women may take care of the children up
to six (6) years of age of working mothers during work hours,
with adequate supervision from the supervising social welfare
officer of the Department of Social Welfare and Development:
provided, further, that, where young children are left to the care
of paid domestic, an elderly relative or older children without
adequate and competent adult supervision, the supervising social
welfare officer shall provide such training and adult supervision
until the children's care meets adequate standards whereby the
children under their care will develop normally as healthy, happy
and loved children, even in the absence of their mothers during
working hours

A sanctuary for abused, neglected or exploited children

either in one child institution in the barangay and/or
network of sanctuary-homes which will take in children in
urgent need of protection due to a situation which
endangers the child or which has exposed the child to
cruelty and abuse: provided, that the day care center, with
the help and support of the barangay chairman and their
barangay-level support systems, may call upon law
enforcement agencies when the child needs to be rescued
from an unbearable home situation

REPUBLIC ACT NO. 10361

KASAMBAHAY LAW
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND
WELFARE OF DOMESTIC WORKERS
Coverage. This Act applies to all domestic workers employed
and working within the country
State Policy
1.
The State affirms labor as a primary social force
Committed to respect, promote, protect and realize the
fundamental principles and rights at work
abolition of child labor
elimination of all forms of forced labor
trafficking in persons, especially women and
children

2. The State recognizes the need to protect the rights of

domestic workers against abuse, harassment, violence,
economic
exploitation and performance of work that is
hazardous to their
physical and mental health
3. The State, in protecting domestic workers and recognizing
their special needs to ensure safe and healthful working
conditions,
promotes gender-sensitive measures in the
formulation and
implementation of policies and programs
affecting the local domestic
work
Definition of terms
Domestic work - work performed in or for a household or households
Domestic worker or "Kasambahay" - any person engaged in domestic
work within an employment relationship such as, but not limited to, the
following: general househelp, nursemaid or "yaya", cook, gardener, or
laundry person, but shall exclude any person who performs domestic
work only occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family
arrangement, and are provided access to education and given an
allowance incidental to education, i.e. "baon", transportation, school
projects and school activities.

 Working children refers to domestic workers who are fifteen

(15) years old and above but below eighteen (18) years old.
Employer refers to any person who engages and controls the
services of a domestic worker and is party to the
employment contract
Household refers to the immediate members of the family or
the occupants of the house that are directly provided
services by the domestic worker
RIGHTS AND PRIVILEGES OF DOMESTIC WORKERS
Standard of Treatment. The employer or any member of
the household shall not subject a domestic worker or
"kasambahay" to any kind of abuse nor inflict any form of
physical violence or harassment or any act tending to
degrade the dignity of a domestic worker.

 Board, Lodging and Medical Attendance. The employer

shall provide for the basic necessities of the domestic worker
to include at least three (3) adequate meals a day and
humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance
to the domestic worker in case of illnesses and injuries
sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in
abeyance the provision of these basic necessities as
punishment or disciplinary action to the domestic worker.
Guarantee of Privacy. Respect for the privacy of the
domestic worker shall be guaranteed at all times and shall
extend to all forms of communication and personal effects.
This guarantee equally recognizes that the domestic worker
is obliged to render satisfactory service at all times.

 Access to Outside Communication. The employer shall grant

the domestic worker access to outside communication during
free time: Provided, That in case of emergency, access to
communication shall be granted even during work time.
Should the domestic worker make use of the employers
telephone or other communication facilities, the costs shall be
borne by the domestic worker, unless such charges are waived
by the employer.
Right to Education and Training. The employer shall afford
the domestic worker the opportunity to finish basic education
and may allow access to alternative learning systems and, as
far as practicable, higher education or technical and vocational
training. The employer shall adjust the work schedule of the
domestic worker to allow such access to education or training
without hampering the services required by the employer.

 Regardless of whether the domestic worker was hired through

a private employment agency or a third party, no share in the
recruitment or finders fees shall be charged against the
domestic worker by the said private employment agency or
third party.
Deposits for Loss or Damage. It shall be unlawful for the
employer or any other person to require a domestic worker to
make deposits from which deductions shall be made for the
reimbursement of loss or damage to tools, materials, furniture
and equipment in the household.
Prohibition on Debt Bondage. It shall be unlawful for the
employer or any person acting on behalf of the employer to
place the domestic worker under debt bondage.

Employment Age of Domestic Workers

It shall be unlawful to employ any person below fifteen (15) years
of age as a domestic worker. Employment of working children, as
defined under this Act, shall be subject to the provisions of
Republic Act No. 7610, as amended, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act".
Working children shall be entitled to minimum wage, and all
benefits provided under this Act.
Any employer who has been sentenced by a court of law of any
offense against a working child under this Act shall be meted out
with a penalty one degree higher and shall be prohibited from
hiring a working child.

Employers Reportorial Duties.

The employers shall register all domestic workers under their
employment in the Registry of Domestic Workers in the barangay
where the employers residence is located. The Department of the
Interior and Local Government (DILG) shall, in coordination with the
DOLE, formulate a registration system for this purpose.
Terms and Conditions of Employment
The employer shall safeguard the health and safety of the domestic
worker in accordance with laws, rules and regulations, with due
consideration of the peculiar nature of domestic work
The domestic worker shall be entitled to an aggregate daily rest period
of eight (8) hours per day.
The domestic worker shall be entitled to at least twenty-four (24)
consecutive hours of rest in a week. The employer and the domestic
worker shall agree in writing on the schedule of the weekly rest day of
the domestic worker: Provided, That the employer shall respect the
preference of the domestic worker as to the weekly rest day when such
preference is based on religious grounds.

Payment of Wages
Payment of wages shall be made on time directly to the
domestic worker to whom they are due in cash at least once a
month. The employer, unless allowed by the domestic worker
through a written consent, shall make no deductions from the
wages other than that which is mandated by law. No employer
shall pay the wages of a domestic worker by means of
promissory notes, vouchers, coupons, tokens, tickets, chits, or
any object other than the cash wage as provided for under this
Act.
The domestic worker is entitled to a thirteenth month pay as
provided for by law.

Prohibition Against Withholding of Wages.

It shall be unlawful for an employer, directly or indirectly, to
withhold the wages of the domestic worker. If the domestic
worker leaves without any justifiable reason, any unpaid salary
for a period not exceeding fifteen (15) days shall be forfeited.
Likewise, the employer shall not induce the domestic worker to
give up any part of the wages by force, stealth, intimidation,
threat or by any other means whatsoever.
Leave Benefits.
A domestic worker who has rendered at least one (1) year of
service shall be entitled to an annual service incentive leave of
five (5) days with pay: Provided, That any unused portion of said
annual leave shall not be cumulative or carried over to the
succeeding years. Unused leaves shall not be convertible to cash.

Rescue and Rehabilitation of Abused Domestic Workers

Any abused or exploited domestic worker shall be immediately
rescued by a municipal or city social welfare officer or a social
welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned
barangay officials. The DSWD and the DILG shall develop a
standard operating procedure for the rescue and rehabilitation
of abused domestic workers, and in coordination with the DOLE,
for possible subsequent job placement.

Termination of Service
Neither the domestic worker nor the employer may terminate the contract before
the expiration of the term except for grounds provided in this Act.
If the domestic worker is unjustly dismissed, the domestic worker shall be paid the
compensation already earned plus the equivalent of fifteen (15) days work by way
of indemnity.
If the domestic worker leaves without justifiable reason, any unpaid salary due not
exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the
employer may recover from the domestic worker costs incurred related to the
deployment expenses, if any: Provided, That the service has been terminated
within six (6) months from the domestic workers employment.
If the duration of the domestic service is not determined either in stipulation or by
the nature of the service, the employer or the domestic worker may give notice to
end the working relationship five (5) days before the intended termination of the
service.
The domestic worker and the employer may mutually agree upon written notice to
pre-terminate the contract of employment to end the employment relationship.

Termination Initiated by the Domestic Worker.

The domestic worker may terminate the employment relationship at
any time before the expiration of the contract for any of the following
causes:
(a)Verbal or emotional abuse of the domestic worker by the employer
or any member of the household;
(b) Inhuman treatment including physical abuse of the domestic
worker by the employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by
the employer or any member of the household;
(d) Violation by the employer of the terms and conditions of the
employment contract and other standards set forth under the law;
(e) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(f) Other causes analogous to the foregoing.

Termination Initiated by the Employer

An employer may terminate the services of the domestic worker at any
time before the expiration of the contract, for any of the following causes:
(a)Misconduct or willful disobedience by the domestic worker of the lawful
order of the employer in connection with the formers work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the
domestic worker;
(d) Commission of a crime or offense by the domestic worker against the
person of the employer or any immediate member of the employers
family;
(e) Violation by the domestic worker of the terms and conditions of the
employment contract and other standards set forth under the law;
(f) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household;

Memorandum Circular No. 2013-61 (July 8, 2013)

Guidelines on the Barangay Registration of Kasambahay

Pursuant to Republic Act No. 10361 Entitled An Act
Instituting Policies for the Protection and Welfare of
Domestic Workers

THE END
Thank You.