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Ninth Congress (c) "Circumstances which gravely threaten or endanger

the survival and normal development of children" include,
but are not limited to, the following;

(1) Being in a community where there is armed

conflict or being affected by armed conflict-
Republic Act No. 7610 June 17, 1992 related activities;

AN ACT PROVIDING FOR STRONGER DETERRENCE AND (2) Working under conditions hazardous to life,
SPECIAL PROTECTION AGAINST CHILD ABUSE, safety and normal which unduly interfere with
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER their normal development;
PURPOSES
(3) Living in or fending for themselves in the
Be it enacted by the Senate and House of Representatives of the streets of urban or rural areas without the care
Philippines in Congress assembled: of parents or a guardian or basic services
needed for a good quality of life;
ARTICLE I
Title, Policy, Principles and Definitions of Terms (4) Being a member of a indigenous cultural
community and/or living under conditions of
Section 1. Title. – This Act shall be known as the "Special extreme poverty or in an area which is
Protection of Children Against Abuse, Exploitation and underdeveloped and/or lacks or has inadequate
Discrimination Act." access to basic services needed for a good
quality of life;
Section 2. Declaration of State Policy and Principles. – It is
hereby declared to be the policy of the State to provide special (5) Being a victim of a man-made or natural
protection to children from all firms of abuse, neglect, cruelty disaster or calamity; or
exploitation and discrimination and other conditions, prejudicial
their development; provide sanctions for their commission and (6) Circumstances analogous to those
carry out a program for prevention and deterrence of and crisis abovestated which endanger the life, safety or
intervention in situations of child abuse, exploitation and normal development of children.
discrimination. The State shall intervene on behalf of the child
when the parent, guardian, teacher or person having care or
custody of the child fails or is unable to protect the child against (d) "Comprehensive program against child abuse,
abuse, exploitation and discrimination or when such acts against exploitation and discrimination" refers to the coordinated
the child are committed by the said parent, guardian, teacher or program of services and facilities to protected children
person having care and custody of the same.1awphi1@alf against:

It shall be the policy of the State to protect and rehabilitate (1) Child Prostitution and other sexual abuse;
children gravely threatened or endangered by circumstances
which affect or will affect their survival and normal development (2) Child trafficking;
and over which they have no control.
(3) Obscene publications and indecent shows;
The best interests of children shall be the paramount
consideration in all actions concerning them, whether undertaken (4) Other acts of abuses; and
by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with
the principle of First Call for Children as enunciated in the United (5) Circumstances which threaten or endanger
Nations Convention of the Rights of the Child. Every effort shall be the survival and normal development of
exerted to promote the welfare of children and enhance their children.1awphi1Ÿ
opportunities for a useful and happy life.
ARTICLE II
Section 3. Definition of Terms. – Program on Child Abuse, Exploitation and Discrimination

(a) "Children" refers to person below eighteen (18) years Section 4. Formulation of the Program. – There shall be a
of age or those over but are unable to fully take care of comprehensive program to be formulated, by the Department of
themselves or protect themselves from abuse, neglect, Justice and the Department of Social Welfare and Development in
cruelty, exploitation or discrimination because of a coordination with other government agencies and private sector
physical or mental disability or condition; concerned, within one (1) year from the effectivity of this Act, to
protect children against child prostitution and other sexual abuse;
child trafficking, obscene publications and indecent shows; other
(b) "Child abuse" refers to the maltreatment, whether acts of abuse; and circumstances which endanger child survival
habitual or not, of the child which includes any of the and normal development.
following:

ARTICLE III
(1) Psychological and physical abuse, neglect, Child Prostitution and Other Sexual Abuse
cruelty, sexual abuse and emotional
maltreatment;
Section 5. Child Prostitution and Other Sexual Abuse. –
Children, whether male or female, who for money, profit, or any
(2) Any act by deeds or words which debases, other consideration or due to the coercion or influence of any
degrades or demeans the intrinsic worth and adult, syndicate or group, indulge in sexual intercourse or
dignity of a child as a human being; lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
(3) Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
(4) Failure to immediately give medical
treatment to an injured child resulting in serious (a) Those who engage in or promote, facilitate or induce
impairment of his growth and development or in child prostitution which include, but are not limited to, the
his permanent incapacity or death. following:
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(1) Acting as a procurer of a child prostitute; (d) When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
(2) Inducing a person to be a client of a child simulates birth for the purpose of child trafficking; or
prostitute by means of written or oral
advertisements or other similar means; (e) When a person engages in the act of finding children
among low-income families, hospitals, clinics, nurseries,
(3) Taking advantage of influence or relationship day-care centers, or other child-during institutions who
to procure a child as prostitute; can be offered for the purpose of child trafficking.

(4) Threatening or using violence towards a A penalty lower two (2) degrees than that prescribed for the
child to engage him as a prostitute; or consummated felony under Section 7 hereof shall be imposed
upon the principals of the attempt to commit child trafficking under
this Act.
(5) Giving monetary consideration goods or
other pecuniary benefit to a child with intent to
engage such child in prostitution. ARTICLE V
Obscene Publications and Indecent Shows
(b) Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution or Section 9. Obscene Publications and Indecent Shows. – Any
subject to other sexual abuse; Provided, That when the person who shall hire, employ, use, persuade, induce or coerce a
victims is under twelve (12) years of age, the perpetrators child to perform in obscene exhibitions and indecent shows,
shall be prosecuted under Article 335, paragraph 3, for whether live or in video, or model in obscene publications or
rape and Article 336 of Act No. 3815, as amended, the pornographic materials or to sell or distribute the said materials
Revised Penal Code, for rape or lascivious conduct, as shall suffer the penalty of prision mayor in its medium period.
the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) If the child used as a performer, subject or seller/distributor is
years of age shall be reclusion temporal in its medium below twelve (12) years of age, the penalty shall be imposed in its
period; and maximum period.

(c) Those who derive profit or advantage therefrom, Any ascendant, guardian, or person entrusted in any capacity with
whether as manager or owner of the establishment the care of a child who shall cause and/or allow such child to be
where the prostitution takes place, or of the sauna, disco, employed or to participate in an obscene play, scene, act, movie
bar, resort, place of entertainment or establishment or show or in any other acts covered by this section shall suffer
serving as a cover or which engages in prostitution in the penalty of prision mayor in its medium period.
addition to the activity for which the license has been
issued to said establishment. ARTICLE VI
Other Acts of Abuse
Section 6. Attempt To Commit Child Prostitution. – There is an
attempt to commit child prostitution under Section 5, paragraph (a) Section 10. Other Acts of Neglect, Abuse, Cruelty or
hereof when any person who, not being a relative of a child, is Exploitation and Other Conditions Prejudicial to the Child's
found alone with the said child inside the room or cubicle of a Development. –
house, an inn, hotel, motel, pension house, apartelle or other
similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a (a) Any person who shall commit any other acts of child
reasonable person to believe that the child is about to be exploited abuse, cruelty or exploitation or to be responsible for
in prostitution and other sexual abuse. 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
There is also an attempt to commit child prostitution, under Revised Penal Code, as amended, shall suffer the
paragraph (b) of Section 5 hereof when any person is receiving penalty of prision mayor in its minimum period.
services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A penalty lower by
two (2) degrees than that prescribed for the consummated felony (b) Any person who shall keep or have in his company a
under Section 5 hereof shall be imposed upon the principals of the minor, twelve (12) years or under or who in ten (10) years
attempt to commit the crime of child prostitution under this Act, or, or more his junior in any public or private place, hotel,
in the proper case, under the Revised Penal Code. motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist
resort or similar places shall suffer the penalty of prision
ARTICLE IV mayor in its maximum period and a fine of not less than
Child Trafficking Fifty thousand pesos (P50,000): Provided, That this
provision shall not apply to any person who is related
Section 7. Child Trafficking. – Any person who shall engage in within the fourth degree of consanguinity or affinity or any
trading and dealing with children including, but not limited to, the bond recognized by law, local custom and tradition or
act of buying and selling of a child for money, or for any other acts in the performance of a social, moral or legal duty.
consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its (c) Any person who shall induce, deliver or offer a minor
maximum period when the victim is under twelve (12) years of to any one prohibited by this Act to keep or have in his
age. company a minor as provided in the preceding paragraph
shall suffer the penalty of prision mayor in its medium
Section 8. Attempt to Commit Child Trafficking. – There is an period and a fine of not less than Forty thousand pesos
attempt to commit child trafficking under Section 7 of this (P40,000); Provided, however, That should the
Act:1awphi1@alf perpetrator be an ascendant, stepparent or guardian of
the minor, the penalty to be imposed shall be prision
(a) When a child travels alone to a foreign country mayor in its maximum period, a fine of not less than Fifty
without valid reason therefor and without clearance thousand pesos (P50,000), and the loss of parental
issued by the Department of Social Welfare and authority over the minor.
Development or written permit or justification from the
child's parents or legal guardian; (d) Any person, owner, manager or one entrusted with
the operation of any public or private place of
(c) When a person, agency, establishment or child-caring accommodation, whether for occupancy, food, drink or
institution recruits women or couples to bear children for otherwise, including residential places, who allows any
the purpose of child trafficking; or person to take along with him to such place or places any
minor herein described shall be imposed a penalty of
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prision mayor in its medium period and a fine of not less the parent or legal guardian shall provide the said minor
than Fifty thousand pesos (P50,000), and the loss of the child with the prescribed primary and/or secondary
license to operate such a place or establishment. education; or

(e) Any person who shall use, coerce, force or intimidate (2) When a child's employment or participation in public &
a street child or any other child to; entertainment or information through cinema, theater,
radio or television is essential: Provided, The
(1) Beg or use begging as a means of living; 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
(2) Act as conduit or middlemen in drug Department of Labor and Employment: Provided, That
trafficking or pushing; or the following requirements in all instances are strictly
complied with:
(3) Conduct any illegal activities, shall suffer the
penalty of prision correccional in its medium (a) The employer shall ensure the protection, health,
period to reclusion perpetua. safety and morals of the child;

For purposes of this Act, the penalty for the commission of acts (b) the employer shall institute measures to prevent the
punishable under Articles 248, 249, 262, paragraph 2, and 263, child's exploitation or discrimination taking into account
paragraph 1 of Act No. 3815, as amended, the Revised Penal the system and level of remuneration, and the duration
Code, for the crimes of murder, homicide, other intentional and arrangement of working time; and;
mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under (c) The employer shall formulate and implement, subject
Article 337, 339, 340 and 341 of Act No. 3815, as amended, the to the approval and supervision of competent authorities,
Revised Penal Code, for the crimes of qualified seduction, acts of a continuing program for training and skill acquisition of
lasciviousness with the consent of the offended party, corruption the child.
of minors, and white slave trade, respectively, shall be one (1)
degree higher than that imposed by law when the victim is under In the above exceptional cases where any such child may be
twelve (12) years age. employed, the employer shall first secure, before engaging such
child, a work permit from the Department of Labor and
The victim of the acts committed under this section shall be Employment which shall ensure observance of the above
entrusted to the care of the Department of Social Welfare and requirement.
Development.
The Department of Labor Employment shall promulgate rules and
ARTICLE VII regulations necessary for the effective implementation of this
Sanctions for Establishments or Enterprises Section.

Section 11. Sanctions of Establishments or Enterprises Section 13. Non-formal Education for Working Children. – The
which Promote, Facilitate, or Conduct Activities Constituting Department of Education, Culture and Sports shall promulgate a
Child Prostitution and Other Sexual Abuse, Child Trafficking, course design under its non-formal education program aimed at
Obscene Publications and Indecent Shows, and Other Acts of promoting the intellectual, moral and vocational efficiency of
Abuse. – All establishments and enterprises which promote or working children who have not undergone or finished elementary
facilitate child prostitution and other sexual abuse, child trafficking, or secondary education. Such course design shall integrate the
obscene publications and indecent shows, and other acts of abuse learning process deemed most effective under given
shall be immediately closed and their authority or license to circumstances.
operate cancelled, without prejudice to the owner or manager
thereof being prosecuted under this Act and/or the Revised Penal Section 14. Prohibition on the Employment of Children in
Code, as amended, or special laws. A sign with the words "off Certain Advertisements. – No person shall employ child models
limits" shall be conspicuously displayed outside the in all commercials or advertisements promoting alcoholic
establishments or enterprises by the Department of Social Welfare beverages, intoxicating drinks, tobacco and its byproducts and
and Development for such period which shall not be less than one violence.
(1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable by prision correccional. Section 15. Duty of Employer. – Every employer shall comply
with the duties provided for in Articles 108 and 109 of Presidential
An establishment shall be deemed to promote or facilitate child Decree No. 603.
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse if the Section 16. Penalties. – Any person who shall violate any
acts constituting the same occur in the premises of said provision of this Article shall suffer the penalty of a fine of not less
establishment under this Act or in violation of the Revised Penal than One thousand pesos (P1,000) but not more than Ten
Code, as amended. An enterprise such as a sauna, travel agency, thousand pesos (P10,000) or imprisonment of not less than three
or recruitment agency which: promotes the aforementioned acts (3) months but not more than three (3) years, or both at the
as part of a tour for foreign tourists; exhibits children in a lewd or discretion of the court; Provided, That, in case of repeated
indecent show; provides child masseurs for adults of the same or violations of the provisions of this Article, the offender's license to
opposite sex and said services include any lascivious conduct with operate shall be revoked.
the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts
penalized herein. ARTICLE IX
Children of Indigenous Cultural Communities
ARTICLE VIII
Working Children Section 17. Survival, Protection and Development. – In
addition to the rights guaranteed to children under this Act and
other existing laws, children of indigenous cultural communities
Section 12. Employment of Children. – Children below fifteen shall be entitled to protection, survival and development consistent
(15) years of age may be employed except: with the customs and traditions of their respective communities.

(1) When a child works directly under the sole Section 18. System of and Access to Education. – The
responsibility of his parents or legal guardian and where Department of Education, Culture and Sports shall develop and
only members of the employer's family are employed: institute an alternative system of education for children of
Provided, however, That his employment neither indigenous cultural communities which culture-specific and
endangers his life, safety and health and morals, nor relevant to the needs of and the existing situation in their
impairs his normal development: Provided, further, That
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communities. The Department of Education, Culture and Sports evacuees and provided with facilities to lead a normal family life.
shall also accredit and support non-formal but functional In places of temporary shelter, expectant and nursing mothers and
indigenous educational programs conducted by non-government children shall be given additional food in proportion to their
organizations in said communities. physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
Section 19. Health and Nutrition. – The delivery of basic social
services in health and nutrition to children of indigenous cultural Section 25. Rights of Children Arrested for Reasons Related
communities shall be given priority by all government agencies to Armed Conflict. – Any child who has been arrested for
concerned. Hospitals and other health institution shall ensure that reasons related to armed conflict, either as combatant, courier,
children of indigenous cultural communities are given equal guide or spy is entitled to the following rights;
attention. In the provision of health and nutrition services to
children of indigenous cultural communities, indigenous health (a) Separate detention from adults except where families
practices shall be respected and recognized. are accommodated as family units;

Section 20. Discrimination. – Children of indigenous cultural (b) Immediate free legal assistance;
communities shall not be subjected to any and all forms of
discrimination.
(c) Immediate notice of such arrest to the parents or
guardians of the child; and
Any person who discriminate against children of indigenous
cultural communities shall suffer a penalty of arresto mayor in its
maximum period and a fine of not less than Five thousand pesos (d) Release of the child on recognizance within twenty-
(P5,000) more than Ten thousand pesos (P10,000). four (24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of
the community as determined by the court.
Section 21. Participation. – Indigenous cultural communities,
through their duly-designated or appointed representatives shall
be involved in planning, decision-making implementation, and If after hearing the evidence in the proper proceedings the court
evaluation of all government programs affecting children of should find that the aforesaid child committed the acts charged
indigenous cultural communities. Indigenous institution shall also against him, the court shall determine the imposable penalty,
be recognized and respected. including any civil liability chargeable against him. However,
instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings and shall commit such child to the
ARTICLE X custody or care of the Department of Social Welfare and
Children in Situations of Armed Conflict Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible
Section 22. Children as Zones of Peace. – Children are hereby person, until he has had reached eighteen (18) years of age or, for
declared as Zones of Peace. It shall be the responsibility of the a shorter period as the court may deem proper, after considering
State and all other sectors concerned to resolve armed conflicts in the reports and recommendations of the Department of Social
order to promote the goal of children as zones of peace. To attain Welfare and Development or the agency or responsible individual
this objective, the following policies shall be observed. under whose care he has been committed.

(a) Children shall not be the object of attack and shall be The aforesaid child shall subject to visitation and supervision by a
entitled to special respect. They shall be protected from representative of the Department of Social Welfare and
any form of threat, assault, torture or other cruel, Development or any duly-licensed agency or such other officer as
inhumane or degrading treatment; the court may designate subject to such conditions as it may
prescribe.
(b) Children shall not be recruited to become members of
the Armed Forces of the Philippines of its civilian units or The aforesaid child whose sentence is suspended can appeal
other armed groups, nor be allowed to take part in the from the order of the court in the same manner as appeals in
fighting, or used as guides, couriers, or spies; criminal cases.

(c) Delivery of basic social services such as education, Section 26. Monitoring and Reporting of Children in
primary health and emergency relief services shall be Situations of Armed Conflict. – The chairman of the barangay
kept unhampered; affected by the armed conflict shall submit the names of children
residing in said barangay to the municipal social welfare and
(d) The safety and protection of those who provide development officer within twenty-four (24) hours from the
services including those involved in fact-finding missions occurrence of the armed conflict.
from both government and non-government institutions
shall be ensured. They shall not be subjected to undue ARTICLE XI
harassment in the performance of their work; Remedial Procedures

(e) Public infrastructure such as schools, hospitals and Section 27. Who May File a Complaint. – Complaints on cases
rural health units shall not be utilized for military purposes of unlawful acts committed against the children as enumerated
such as command posts, barracks, detachments, and herein may be filed by the following:
supply depots; and
(a) Offended party;
(f) All appropriate steps shall be taken to facilitate the
reunion of families temporarily separated due to armed (b) Parents or guardians;
conflict.
(c) Ascendant or collateral relative within the third degree
Section 23. Evacuation of Children During Armed Conflict. – of consanguinity;1awphi1@ITC
Children shall be given priority during evacuation as a result of
armed conflict. Existing community organizations shall be tapped
to look after the safety and well-being of children during (d) Officer, social worker or representative of a licensed
evacuation operations. Measures shall be taken to ensure that child-caring institution;
children evacuated are accompanied by persons responsible for
their safety and well-being. (e) Officer or social worker of the Department of Social
Welfare and Development;
Section 24. Family Life and Temporary Shelter. – Whenever
possible, members of the same family shall be housed in the (f) Barangay chairman; or
same premises and given separate accommodation from other
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(g) At least three (3) concerned responsible citizens ARTICLE XIII

where the violation occurred. Final Provisions

Section 28. Protective Custody of the Child. – The offended Section 32. Rules and Regulations. – Unless otherwise provided
party shall be immediately placed under the protective custody of in this Act, the Department of Justice, in coordination with the
the Department of Social Welfare and Development pursuant to Department of Social Welfare and Development, shall promulgate
Executive Order No. 56, series of 1986. In the regular rules and regulations of the effective implementation of this Act.
performance of this function, the officer of the Department of
Social Welfare and Development shall be free from any Such rules and regulations shall take effect upon their publication
administrative, civil or criminal liability. Custody proceedings shall in two (2) national newspapers of general circulation.
be in accordance with the provisions of Presidential Decree No.
603.
Section 33. Appropriations. – The amount necessary to carry
out the provisions of this Act is hereby authorized to be
Section 29. Confidentiality. – At the instance of the offended appropriated in the General Appropriations Act of the year
party, his name may be withheld from the public until the court following its enactment into law and thereafter.
acquires jurisdiction over the case.
Section 34. Separability Clause. – If any provision of this Act is
It shall be unlawful for any editor, publisher, and reporter or declared invalid or unconstitutional, the remaining provisions not
columnist in case of printed materials, announcer or producer in affected thereby shall continue in full force and effect.
case of television and radio broadcasting, producer and director of
the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which Section 35. Repealing Clause. – All laws, decrees, or rules
results in the moral degradation and suffering of the offended inconsistent with the provisions of this Acts are hereby repealed or
party.Lawphi1@alf modified accordingly.

Section 30. Special Court Proceedings. – Cases involving Section 36. Effectivity Clause. – This Act shall take effect upon
violations of this Act shall be heard in the chambers of the judge of completion of its publication in at least two (2) national
the Regional Trial Court duly designated as Juvenile and newspapers of general circulation.
Domestic Court.
Approved: June 17, 1992.la
Any provision of existing law to the contrary notwithstanding and
with the exception of habeas corpus, election cases, and cases
involving detention prisoners and persons covered by Republic
Act No. 4908, all courts shall give preference to the hearing or
disposition of cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed

in its maximum period if the offender has been previously
convicted under this Act;

(b) When the offender is a corporation, partnership or

association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its

maximum period when the perpetrator is an ascendant,
parent guardian, stepparent or collateral relative within
the second degree of consanguinity or affinity, or a
manager or owner of an establishment which has no
license to operate or its license has expired or has been
revoked;

(d) When the offender is a foreigner, he shall be deported

immediately after service of sentence and forever barred
from entry to the country;

(e) The penalty provided for in this Act shall be imposed

in its maximum period if the offender is a public officer or
employee: Provided, however, That if the penalty
imposed is reclusion perpetua or reclusion temporal, then
the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally,
That if the penalty imposed is prision correccional or
arresto mayor, the penalty of suspension shall also be
imposed; and

(f) A fine to be determined by the court shall be imposed

and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the
offense.