Republic Act No.
7610             June 17, 1992 (2) Working under conditions hazardous to
AN ACT PROVIDING FOR STRONGER DETERRENCE AND
SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special
Protection of Children Against Abuse, Exploitation and
Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is
hereby declared to be the policy of the State to provide special
protection to children from all firms of abuse, neglect, cruelty
exploitation and discrimination and other conditions, prejudicial
their development; provide sanctions for their commission and
carry out a program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and
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
abuse, exploitation and discrimination or when such acts against
the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate
children gravely threatened or endangered by circumstances
which affect or will affect their survival and normal development
and over which they have no control.
The best interests of children shall be the paramount
consideration in all actions concerning them, whether
undertaken 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 Nations Convention of the Rights of the
Child. Every effort shall be exerted to promote the welfare of
children and enhance their opportunities for a useful and happy
life.
Section 3. Definition of Terms. –
(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;
(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.
(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-related activities;
life, safety and normal which unduly interfere
with their normal development;
(3) Living in or fending for themselves in the
streets of urban or rural areas without the
care of parents or a guardian or basic services
needed for a good quality of life;
(4) Being a member of a indigenous cultural
community and/or living under conditions of
extreme poverty or in an area which is
underdeveloped and/or lacks or has
inadequate access to basic services needed for
a good quality of life;
(5) Being a victim of a man-made or natural
disaster or calamity; or
(6) Circumstances analogous to those
abovestated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse,
exploitation and discrimination" refers to the
coordinated program of services and facilities to
protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger
the survival and normal development of
children.1awphi1Ÿ
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a
comprehensive program to be formulated, by the Department of
Justice and the Department of Social Welfare and Development in
coordination with other government agencies and private sector
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 acts of abuse; and circumstances which endanger
child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. –
Children, whether male or female, who for money, profit, or any
other consideration or due to the coercion or influence of any
adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
(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.
Section 6. Attempt To Commit Child Prostitution. – There is an
attempt to commit child prostitution under Section 5, paragraph
(a) hereof when any person who, 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 establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under
paragraph (b) of Section 5 hereof when any person is receiving
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
under Section 5 hereof shall be imposed upon the principals of
the attempt to commit the crime of child prostitution under this
Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in
trading and dealing with children including, but not limited to,
the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in
its maximum period when the victim is under twelve (12) years
of age.
Section 8. Attempt to Commit Child Trafficking. – There is an
attempt to commit child trafficking under Section 7 of this
Act:1awphi1@alf
(a) When a child travels alone to a foreign country
without valid reason therefor and without clearance
issued by the Department of Social Welfare and
Development or written permit or justification from the
child's parents or legal guardian;
(c) When a person, agency, establishment or child-
caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar or any
other person simulates birth for the purpose of child
trafficking; or
(e) When a person engages in the act of finding children
among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who
can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed
upon the principals of the attempt to commit child trafficking
under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any
person who shall hire, employ, use, persuade, induce or coerce a
child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials
shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is
below twelve (12) years of age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted in any capacity
with the care of a child who shall cause and/or allow such child
to be employed or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by this section shall
suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development. –
(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.
(b) Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in 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 shall suffer the penalty
of prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is
related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or
legal duty.
(c) Any person who shall induce, deliver or offer a
minor to any one prohibited by this Act to keep or have
in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in
its medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall
be prision mayor in its maximum period, a fine of not
less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.
(d) Any person, owner, manager or one entrusted 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 to such place or places
any minor herein described shall be imposed a penalty
of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000), and the loss of
the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate
a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug
trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer
the penalty of prision correccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts
punishable under Articles 248, 249, 262, paragraph 2, and 263,
paragraph 1 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of murder, homicide, other intentional
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
Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption
of minors, and white slave trade, respectively, shall be one (1)
degree higher than that imposed by law when the victim is under
twelve (12) years age.
The victim of the acts committed under this section shall be
entrusted to the care of the Department of Social Welfare and
Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting Child
Prostitution and Other Sexual Abuse, Child Trafficking,
Obscene Publications and Indecent Shows, and Other Acts of
Abuse. – All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other
acts of abuse shall be immediately closed and their authority or
license to operate cancelled, without prejudice to the owner or
manager thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws. A sign with the
words "off limits" shall be conspicuously displayed outside the
establishments or enterprises by the Department of Social
Welfare and Development for such period which shall not be less
than one (1) year, as the Department may determine. The
unauthorized removal of such sign shall be punishable by prision
correccional.
An establishment shall be deemed to promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse if the
acts constituting the same occur in the premises of said
establishment under this Act or in violation of the Revised Penal
Code, as amended. An enterprise such as a sauna, travel agency,
or recruitment agency which: promotes the aforementioned acts
as part of a tour for foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for adults of the same or
opposite sex and said services include any lascivious conduct
with the customers; or solicits children or activities constituting
the aforementioned acts shall be deemed to have committed the
acts penalized herein.
ARTICLE VIII
Working Children
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.
In the above exceptional cases where any such child may be
employed, the employer shall first secure, before engaging such
child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above
requirement.
The Department of Labor Employment shall promulgate rules
and regulations necessary for the effective implementation of this
Section.
Section 13. Non-formal Education for Working Children. – The
Department of Education, Culture and Sports shall promulgate a
course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of
working children who have not undergone or finished
elementary or secondary education. Such course design shall
integrate the learning process deemed most effective under given
circumstances.
Section 14. Prohibition on the Employment of Children in
Certain Advertisements. – No person shall employ child models
in all commercials or advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and its byproducts and
violence.
Section 15. Duty of Employer. – Every employer shall comply
with the duties provided for in Articles 108 and 109 of
Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any
provision of this Article shall suffer the penalty of a fine of not
less than One thousand pesos (P1,000) but not more than Ten
thousand pesos (P10,000) or imprisonment of not less than three
(3) months but not more than three (3) years, or both at the
discretion of the court; Provided, That, in case of repeated
violations of the provisions of this Article, the offender's license
to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
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 shall
be entitled to protection, survival and development consistent
with the customs and traditions of their respective communities.
Section 18. System of and Access to Education. – The
Department of Education, Culture and Sports shall develop and
institute an alternative system of education for children of
indigenous cultural communities which culture-specific and
relevant to the needs of and the existing situation in their
communities. The Department of Education, Culture and Sports
shall also accredit and support non-formal but functional
indigenous educational programs conducted by non-government
organizations in said communities.
Section 19. Health and Nutrition. – The delivery of basic social
services in health and nutrition to children of indigenous cultural
communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure
that children of indigenous cultural communities are given equal
attention. In the provision of health and nutrition services to
children of indigenous cultural communities, indigenous health
practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural
communities shall not be subjected to any and all forms of
discrimination.
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
(P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities,
through their duly-designated or appointed representatives shall
be involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of
indigenous cultural communities. Indigenous institution shall
also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby
declared as Zones of Peace. It shall be the responsibility of the
State and all other sectors concerned to resolve armed conflicts
in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be
entitled to special respect. They shall be protected from
any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to become members
of the Armed Forces of the Philippines of its civilian
units or other armed groups, nor be allowed to take
part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education,
primary health and emergency relief services shall be
kept unhampered;
(d) The safety and protection of those who provide
services including those involved in fact-finding
missions from both government and non-government
institutions shall be ensured. They shall not be
subjected to undue harassment in the performance of
their work;
(e) Public infrastructure such as schools, hospitals and
rural health units shall not be utilized for military
purposes such as command posts, barracks,
detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the
reunion of families temporarily separated due to armed
conflict.
Section 23. Evacuation of Children During Armed Conflict. –
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
evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for
their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever
possible, members of the same family shall be housed in the same
premises and given separate accommodation from other
evacuees and provided with facilities to lead a normal family life.
In places of temporary shelter, expectant and nursing mothers
and children shall be given additional food in proportion to their
physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to
Armed Conflict. – Any child who has been arrested for reasons
related to armed conflict, either as combatant, courier, guide or
spy is entitled to the following rights;
(a) Separate detention from adults except where
families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or
guardians of the child; and
(d) Release of the child on recognizance within twenty-
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.
If after hearing the evidence in the proper proceedings the court
should find that the aforesaid child committed the acts charged
against him, the court shall determine the imposable penalty,
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 custody or care of the Department of Social Welfare and
Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible
person, until he has had reached eighteen (18) years of age or, for
a shorter period as the court may deem proper, after considering
the reports and recommendations of the Department of Social
Welfare and Development or the agency or responsible individual
under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by
a representative of the Department of Social Welfare and
Development or any duly-licensed agency or such other officer as
the court may designate subject to such conditions as it may
prescribe.
The aforesaid child whose sentence is suspended can appeal from
the order of the court in the same manner as appeals in criminal
cases.
Section 26. Monitoring and Reporting of Children in
Situations of Armed Conflict. – The chairman of the barangay
affected by the armed conflict shall submit the names of children
residing in said barangay to the municipal social welfare and
development officer within twenty-four (24) hours from the
occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 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;1awphi1@ITC
(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.
Section 28. Protective Custody of the Child. – The offended
party shall be immediately placed under the protective custody of
the Department of Social Welfare and Development pursuant to
Executive Order No. 56, series of 1986. In the regular
performance of this function, the officer of the Department of
Social Welfare and Development shall be free from any
administrative, civil or criminal liability. Custody proceedings
shall be in accordance with the provisions of Presidential Decree
No. 603.
Section 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.
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 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
results in the moral degradation and suffering of the offended
party.Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving
violations of this Act shall be heard in the chambers of the judge
of the Regional Trial Court duly designated as Juvenile and
Domestic Court.
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  in 2007, while BBB was playing with her sisters, Bagsic called her
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.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided
in this Act, the Department of Justice, in coordination with the
Department of Social Welfare and Development, shall promulgate
rules and regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication
in two (2) national newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry
out the provisions of this Act is hereby authorized to be
appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is
declared invalid or unconstitutional, the remaining provisions
not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules
inconsistent with the provisions of this Acts are hereby repealed
or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon
completion of its publication in at least two (2) national
newspapers of general circulation.
Approved: June 17, 1992.
People of the Philippines v. Rolando Bagsic
G.R. No. 218404, December 13, 2017
FACTS:
AAA and BBB were born on 1996 and 2000, respectively. They
called accused-appellant Rolando Bagsic as "Lolo" as he was the
common-law husband of their maternal grandmother. Sometime
and brought her to a hut in a field. He then had carnal knowledge
of BBB, but he was unable to make a full penetration. BBB did not
shout for help for fear that he would hurt her. Whenever
someone came by the field, he desisted from assaulting her. For
several times, whenever accused urinated, he made BBB watch
him and hold his penis. While even asleep, BBB will be awakened
by a finger being inserted into her vagina by accused. AAA and
her siblings stayed with accused because their parents had to
attend a wake. AAA was awakened by accused fiddling her nipple.
AAA did not tell anyone about the incident out of fear. It was only
when BBB revealed the sexual acts committed against her by
accused that AAA also mustered the courage to speak out.
Three informations were filed against Bagsic for statutory rape,
rape by sexual assault, and violation of Section 5 (b) of R.A. No.
7610. The RTC, however, only found accused guilty of statutory
rape and of rape by sexual assault with the penalty indicated
under Section 5(b), Article III of R.A. No. 7610.
ISSUE:
Is the imposition of the RTC of said penalty for sexual assault
under RA 7610 proper?
HELD:
YES. Under Section 5(b) of RA 7610, the penalty of reclusion
temporal in its medium period to reclusion perpetua shall be
imposed upon those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse; provided, that when the victim is
under 12 years old, the perpetrators shall be prosecuted under
Article 336 of Act No. 3815 for rape or lascivious conduct:
Provided, That the penalty for lascivious conduct when the victim
is under 12 years old shall be reclusion temporal in its medium
period. "Lascivious conduct" is the intentional touching, either
directly or through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction of any object into the
genitalia, anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person, bestiality,
masturbation, lascivious exhibition of the genitals or pubic area
of a person.
In this case, BBB was only 8 years old when the incident
happened. Hence, the higher penalty of 12 years, 10 months and
21 days of reclusion temporal, as minimum, to 15 years, 6
months and 20 days of reclusion temporal. In addition, insertion
of the finger into the vagina constitutes rape through sexual
intercourse and not rape by sexual assault. Rape by sexual assault
is the act of "inserting the penis into another person's mouth or
anal orifice, or any instrument or object, into the genital or anal
orifice of another person." The finger, however, is neither an
instrument nor an object. The insertion of the finger or any other
body part into the genital or anal orifice of another person could
not be properly categorized as rape by sexual assault. The basic
difference between an instrument or object on the one hand and
the finger or any body part on the other is the former, by itself,
can be used in the dastardly act of assaulting another person;
whereas the latter owes its function to the fact that it is attached
to the body. For sure, a person would not go to the extent of
cutting his finger and then use the severed finger to sexually
assault another person.
People of the Philippines v. Nicolas Tubillo
G.R. No. 220718, June 21, 2017
FACTS:
The victim, HGE was only 13 years old and was living with AAA,
the person who adopted her. One evening, HGE was sleeping and
was awakened when Tubillo, her neighbor, entered their house
by breaking the padlock of the door. Tubillo went directly to HGE
and then he removed her clothes and his own. He then forcibly
inserted his penis in her vagina by pushing his body towards her.
HGE felt pain, but she did not resist as Tubillo was poking a knife
at her neck. HGE revealed her ordeal to her aunt, leading to the
filing of the subject complaint for simple rape in relation to RA
7610.
Dr. Ortiz, a medico-legal officer, found that she had a shallow
healed laceration in the hymen and such findings were suggestive
of the use of a blunt force or penetrating trauma to the hymen
which could have been an erect penis. The RTC found Tubillo
guilty of the crime of simple rape. On appeal to the CA, it
concluded that considering that Tubillo was charged with rape in
relation to RA 7610, he should be penalized under Section 5(b),
Article III of RA 7610 instead.
ISSUE:
Is the accused guilty of rape under RA 7610 and not rape under
Section 266-A of the RPC?
HELD:
NO. The elements of rape under Section 266-A of the RPC are: (1)
the offender had carnal knowledge of the victim; and (2) such act
was accomplished through force or intimidation; or when the
victim is deprived of reason or otherwise unconscious; or when
the victim is under twelve years of age. Under RA 7610, the
elements of rape are (1) the accused commits the act of sexual
intercourse or lascivious conduct; (2) the act is performed with a
child exploited in prostitution or subjected to other sexual abuse;
and (3) the child, whether male or female, is below 18 years of
age. In RA 7610, if the victim is below 12 years old, the offender
should not be prosecuted for sexual abuse, but for statutory rape
under Article 266-A (1) (d) of the RPC. On the other hand, if the
victim is 12 years or older, the offender should be charged with
either sexual abuse under Section 5(b) of RA 7610 or rape under
Article 266-A of the RPC. However, the offender cannot be
accused of both crimes for the same act because his right against
double jeopardy will be prejudiced. Likewise, rape cannot be
complexed with a violation of RA 7610 because a felony under
the RPC cannot be complexed with an offense penalized by a
special law.
A reading of the information involves both the elements of Article
266-A (1) of the RPC and Section 5(b) of RA 7610. The evidence
of the prosecution focused on the force or intimidation employed
by Tubillo against HGE under Article 266-A (1) (a) of the RPC
where after breaking in the house, he forced himself upon her,
pointed a knife at her neck, and inserted his penis in her vagina.
In fine, Tubillo should be found guilty of rape under Article 266-A
(1) (a) of the RPC instead of Section 5 (b) of RA 7610.
P. v. Ladra, G.R. No. 221443, 17 July 2017
Facts: AAA was born on Sept 3, 1995. She was the eldest among 5
siblings. She lived with her family in a remote are in Dumarait,
Balingasag, Misamis Oriental. Ladra was a relative of BBB, AAA’s
mother, who allowed him to stay with their family out of pity. He
ran errands for them and attended to the children when BBB was
busy washing clothes and her husband, CCC, was tending to their
farm.
It was between 2000 and 2001 when the incident happened. AAA
was 5 years old. she and her siblings were left at home with
Ladra. After their meal, he ordered them to sleep. Suddenly, AAA
was awakened when she felt accused-appellant, who was already
naked, on top of her, forced his penis into her vagina, and made
push and pull movements, causing her pain. Accused-appellant
threatened to kill her if she told anyone. Thereafter, he
repeatedly molested her, each time bringing his bolo with him
until 2002 when he left their house.
In 2008, AAA was already 12 years old. She was surprised when
she saw Ladra in their kitchen. He squeezed her vagina and told
her that they were going to visit his house. Scared, AAA cried and
told her cousin, DDD, about the incident. She also told DDD about
the the incidents committed by Ladra. AAA told BBB about her
traumatic experiences when she was 5 years old. They reported
the incident to the barangay and thereafter, had the incident
recorded in the police blotter. Later, AAA filed criminal cases
against Ladra who was subsequently arrested.
It was found in the physical examination that AAA that there was
a presence of old healed lacerations in her genitalia.
Ladra was charged Sec 5(b) of RA 7610 for his acts on AAA was
5yo and Acts of Lasciviousness for his acts on AAA when she was
12yo.
RTC convicted Ladra with Rape and Unjust Vexation. CA affirmed
the decision.
Issue: Whether or not the CA erred in affirming accused-
appellant’s conviction for Rape and Unjust Vexation
Held: No.
"Rape can be committed even in places where people congregate,
in parks, along the roadside, within school premises, inside a
house where there are other occupants, and even in the same
room where other members of the family are also sleeping. It is
not impossible or incredible for the members of the victim's
family to be in deep slumber and not to be awakened while a
sexual assault is being committed. It is settled that lust is not a
respecter of time or place and rape is known to happen in the
most unlikely places."
For the unjust vexation, the Court finds that he should instead be
convicted of Acts of Lasciviousness, as charged in the
information, in relation to Section 5 (b) of RA 7610. The
requisites of the crime of Acts of Lasciviousness as penalized
under Article 336 of the RPC above-enumerated must be met in
addition to the requisites for sexual abuse under Section 5 (b) of
RA 7610, as follows: (1) the accused commits the act of sexual
intercourse or lascivious conduct; (2) the said act is performed
with a child exploited in prostitution or subjected to other sexual
abuse; and (3) that the child, whether male or female, is below 18
years of age.
A judicious examination of the records reveals that all the
elements of the crime of Acts of Lasciviousness under the RPC
and lascivious conduct under Section 5 (b) of RA 7610 have been
sufficiently established.
The mere fact of "squeezing" the private part of a child - a young
girl 12 years of age - could not have signified any other intention
but one having lewd or indecent design. It must not be forgotten
that several years prior, accused-appellant had raped AAA in the
same house, for which act he was appropriately convicted.
Indeed, the law indicates that the mere touching - more so,
"squeezing," in this case, which strongly suggests that the act was
intentional - of AAA's genitalia clearly constitutes lascivious
conduct. It could not have been done merely to annoy or vex her.
Escalante v. P., G.R. No. 218970, 28 July 2017
Facts: On Dec 24, 2006, AAA, then 12yo, accompanied his
classmate Mark in going home. On his way back from Mark's
house, AAA was called by Escalante and was pulled into a comfort
room at the Divine School in Parada, Valenzuela City. Escalante
pulled down AAA's shorts and sucked the latter's penis for about
10 minutes. Shortly thereafter, he forcibly inserted AAA's penis
into his anus.
4 days after the incident, AAA complained to his mother that he
was experiencing pain in his penis and had difficulty in urinating.
He was brought to Fatima Medical Center and was found that he
was afflicted with gonorrhea and UTI.
Escalante’s alibi was that he was in Salada’s house, his neighbor,
celebrating Christmas Eve. It was impossible for him to be at
school for he was tasked in passing around shots of liquor.
RTC found Escalante guilty of Sec 10(a) of RA 7610. CA affirmed
the decision of RTC. Escalante moved for reconsideration but it
was denied by CA.
Issue: Whether or not the CA erred in affirming the decision of
RTC
Held: No. Escalante was sufficiently and appropriately identified
by AAA through a photograph. The first rule in proper
photographic identification procedure is that a series of
photographs must be shown, and not merely of that of the
suspect. The second rule directs that when a witness is shown a
group of pictures, their arrangement and display should in no
way suggest which one of the pictures pertains to the suspect.
In People v. Ramos, for an alibi to prosper, the accused must
prove (a) that she was present at another place at the time of the
perpetration of the crime, and (b) that it was physically
impossible for her to be at the scene of the crime during its
commission. Escalante admitted that Salada's house was merely a
30-minute ride away from the scene of the crime. It was very
possible for him to be at the place at that time. Further, AAA
positively identified Escalante. Alibis and denials are worthless in
light of positive identification by witnesses who have no motive
to falsely testify.
In People v. Larin, the Court stated that the elements of sexual
abuse under Section 5(b) of R.A. No. 7610 are as follows: (1) the
accused commits the act of sexual intercourse or lascivious
conduct; (2) the said act is performed with a child exploited in
prostitution or subjected to other sexual abuse; and (3) the child,
whether male or female, is below 18 years of age. First, in forcibly
sucking AAA's penis and thereafter inserting it in his anus,
Escalante, without question exposed AAA to lascivious conduct.
Second, AAA is a child subjected to other sexual abuse. AAA was
only 12yo while Escalante was 20yo at the time of the
commission of the crime.
Quimvel v. P., G.R. No. 214497, 18 April 2017
Facts: AAA, 7yo, is the oldest among the children of XXX and YYY.
XXX worked as a household helper in Batangas while YYY was a
Barangay Tanod who derived income from selling vegetables.
AAA and her siblings, BBB and CCC, were then staying with YYY
in Palapas, Ligao City. Quimvel was the caretaker of the ducks of
AAA’s grandfather.
On July 18, 2007, around 8pm, YYY went out of the house to buy
kerosene since there was no electricity. While YYY was away,
Quimvel arrived bringing a vegetable viand from AAA's
grandfather. AAA requested Quimvel to stay with them as she
and her siblings were afraid. He agreed and accompanied them.
AAA and her siblings then went to sleep. However, she was
awakened when she felt Quimuel's right leg on top of her body.
She sensed Quimvel inserting his right hand inside her panty. She
felt Quimvel caressing her private part. She removed his hand.
After a few days, XXX arrived from Batangas. BBB told her about
the incident between Quimvel and AAA.
RTC found Quimvel guilty beyond reasonable doubt for the crime
of Acts of Lasciviousness in Sec 5(b) RA 7610. CA affirmed the
decision of RTC.
Issues:
I. The CA erred in affirming the decision of the trial court as the
prosecution was not able to prove that he is guilty of the crime
charged beyond reasonable doubt.
II. Assuming without admitting that he is guilty hereof, he may be
convicted only of acts of lasciviousness under Art. 336 of the
Revised Penal Code (RPC) and not in relation to Sec. 5(b) of RA
7610.
Held:
The elements of Acts of Lasciviousness in Art 336 of the RPC are
as follows: 1. That the offender commits any act of lasciviousness
or lewdness; 2. That it is done under any of the following
circumstances: a) Through force, threat, or intimidation; b) When
the offended party is deprived of reason or otherwise
unconscious; c) By means of fraudulent machination or grave
abuse of authority; d) When the offended party is under twelve
12 years of age or is demented, even though none of the
circumstances mentioned above be present; and 3. That the
offended party is another person of either sex.
The elements of Acts of Lasciviousness in Sec5(b) of RA 7610 are
as follows: 1. The accused commits the act of sexual intercourse
or lascivious conduct; 2. The said act is performed with a child
exploited in prostitution or subjected to other sexual abuse; and
3. That child, whether male or female, is below 18 years of age.
If Art. 336 then ceased to be a penal provision in view of its
alleged incompleteness, then so too would Sec. 5(b) of RA 7610
be ineffective since it defines and punishes the prohibited act by
way of reference to the RPC provision.
That AAA is a child of tender years does not detract from the
weight and credibility of her testimony. On the contrary, even
more credence is given to witnesses who were able to candidly
relay their testimony before the trial courts under such
circumstance. The child's willingness to undergo, the trouble and
humiliation of a public trial is an eloquent testament to the truth
of her complaint.
VAN CLIFFORD TORRES y SALERA vs. PEOPLE OF THE
PHILIPPINES (G.R. No. 206627. January 18, 2017)
FACTS: CCC, AAA's uncle, previously filed a complaint for
malicious mischief against Torres, who allegedly caused damage
to CCC's multicab. AAA witnessed the alleged incident and was
brought by CCC to testify during the barangay conciliation. On
November 3, 2003, CCC and AAA were at the barangay hall of
Clarin, Bohol waiting for the conciliation proceedings to begin
when they chanced upon Torres who had just arrived from
fishing. CCC's wife, who was also with them at the barangay hall,
persuaded Torres to attend the conciliation proceedings to
answer for his liability. Torres vehemently denied damaging
CCC's multicab. In the middle of the brewing argument, AAA
suddenly interjected that Torres damaged CCC's multicab and
accused him of stealing CCC's fish nets. Torres told AAA not to
pry in the affairs of adults. He warned AAA that he would whip
him if he did not stop. However, AAA refused to keep silent and
continued to accuse Torres of damaging his uncle's multicab.
Infuriated with AAA's meddling, Torres whipped AAA on the neck
using a wet t-shirt. Torres continued to hit AAA causing the latter
to fall down from the stairs. CCC came to his nephew's defense
and punched Torres. Based on the physical examination
conducted by Dr. Vicente Manalo, Jr., AAA sustained a contusion.
Torres testified that he had just arrived tired from fishing when
CCC badgered him to answer for the damage he had allegedly
caused to CCC's multicab. AAA abruptly interrupted the heated
discussion between the two men. Angered by what AAA had
done, Torres told AAA to stop making unfounded accusations or
he would be forced to whip him. AAA called Torres' bluff, which
further provoked Torres. Torres attempted to hit AAA but was
thwarted by the timely intervention of CCC, who suddenly
attacked him. Torres claimed that CCC filed this case to preempt
him from filing a complaint for physical injuries against CCC.
The RTC held Torres guilty of Sec. 10, par. A of RA 7610. The
conviction was affirmed by the CA (with modification as to the
penalty imposed – (5) years, (4) months and (21) days of prision
correccional as minimum, to (6) years, (8) months and one (1)
day of prision mayor as maximum)
ISSUE: Was act done by Torress constitutive of child abuse as he
contends that there was no abuse and that the injuries sustained
by AAA will not affect the latter’s physical growth and
development?
HELD: Yes. The act of whipping a child three (3) times in the neck
with a wet t-shirt constitutes child abuse. The victim, AAA, was a
child when the incident occurred. Therefore, AAA is entitled to
protection under Republic Act No. 7610. Republic Act No. 7610 is
a measure geared towards the implementation of a national
comprehensive program for the survival of the most vulnerable
members of the population, the Filipino children, in keeping with
the Constitutional mandate under Article XV, Section 3,
paragraph 2, that "The State shall defend the right of the children
to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation,
and other conditions prejudicial to their development."
Under Section 3 (b) of Republic Act No. 7610, child abuse is
defined, thus:
Section 3. Definition of Terms.
xxx xxx xxx
(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.
Although it is true that not every instance of laying of hands on
the child constitutes child abuse, petitioner's intention to debase,
degrade, and demean the intrinsic worth and dignity of a child
can be inferred from the manner in which he committed the act
complained of. To note, petitioner used a wet t-shirt to whip the
child not just once but three (3) times. Common sense and human
experience would suggest that hitting a sensitive body part, such
as the neck, with a wet t-shirt would cause an extreme amount of
pain, especially so if it was done several times. There is also
reason to believe that petitioner used excessive force. Otherwise,
AAA would not have fallen down the stairs at the third strike.
AAA would likewise not have sustained a contusion. Indeed, if the
only intention of petitioner were to discipline AAA and stop him
from interfering, he could have resorted to other less violent
means. Instead of reprimanding AAA or walking away, petitioner
chose to hit the latter.
Torres is guilty of Article 6, Sec. 10(a) of RA 7610 which provides
that "a person who shall commit any other acts of child abuse,
cruelty or exploitation or be responsible for other conditions
prejudicial to the child's development. Petitioner's act of
whipping AAA on the neck with a wet t-shirt is an act that
debases, degrades, and demeans the intrinsic worth and dignity
of a child. It is a form of cruelty. Being smacked several times in a
public place is a humiliating and traumatizing experience for all
persons regardless of age. Petitioner, as an adult, should have
exercised restraint and self-control rather than retaliate against a
14-year-old child.
FELINA ROSALDES vs. PEOPLE OF THE PHILIPPINES (G.R. No.
173988. October 8, 2014)
FACTS: On February 13, 1996, seven year old Michael Ryan
Gonzales, then a Grade 1 pupil at Pughanan Elementary School,
was hurriedly entering his classroom when he accidentally
bumped the knee of his teacher, petitioner Felina Rosaldes, who
was then asleep on a bamboo sofa. Roused from sleep, petitioner
asked Michael Ryan to apologize to her. When Michael did not
obey but instead proceeded to his seat, petitioner went to
Michael and pinched him on his thigh. Then, she held him up by
his armpits and pushed him to the floor. As he fell, Michael Ryan's
body hit a desk. As a result, he lost consciousness. Petitioner
proceeded to pick Michael Ryan up by his ears and repeatedly
slammed him down on the floor. After the incident, petitioner
proceeded to teach her class. During lunch break, Michael Ryan,
accompanied by two of his classmates, Louella Loredo and
Jonalyn Gonzales, went home crying and told his mother about
the incident. His mother and his Aunt Evangeline Gonzales
reported the incident to their Barangay Captain, Gonzalo Larroza
who advised them to have Michael Ryan examined by a doctor.
Michael Ryan's aunt and Barangay Councilman Ernesto Ligante
brought him to the Dr. Ricardo Y. Ladrido Hospital where he was
examined by Dr. Teresita Castigador. The petitioner was
criminally charged with child abuse in the Regional Trial Court in
Iloilo City and petitioner was eventually convicted of the said
offense. The CA affirmed the conviction of petitioner, yet the
penalty imposed was modified.
ISSUE: Was the act of Rosaldes under the doctrine of loco
parentis?
HELD: No. Although the petitioner, as a schoolteacher, could duly
discipline Michael Ryan as her pupil, her infliction of the physical
injuries on him was unnecessary, violent and excessive. The boy
even fainted from the violence suffered at her hands. She could
not justifiably claim that she acted only for the sake of
disciplining him. Her physical maltreatment of him was precisely
prohibited by no less than the Family Code, which has expressly
banned the infliction of corporal punishment by a school
administrator, teacher or individual engaged in child care
exercising special parental authority (i.e., in loco parentis) -
Article 233. The person exercising substitute parental
authority shall have the same authority over the person
of the child as the parents.
 In no case shall the school administrator, teacher or
individual engaged in child care exercising special
parental authority inflict corporal punishment upon the
child.
Section 3 of Republic Act No. 7610 defines child abuse thusly:
xxx xxx xxx
(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;
In the crime charged against the petitioner, therefore, the
maltreatment may consist of an act by deeds or by words that
debases, degrades or demeans the intrinsic worth and dignity of
a child as a human being. The act need not be habitual. The trial
judge said that the physical pain experienced by the victim had
been aggravated by an emotional trauma that caused him to stop
going to school altogether out of fear of the petitioner, compelling
his parents to transfer him to another school where he had to
adjust again. Such established circumstances proved beyond
reasonable doubt that the petitioner was guilty of child abuse by
deeds that degraded and demeaned the intrinsic worth and
dignity of Michael Ryan as a human being.
Moral damages should be awarded to assuage the moral and
emotional sufferings of the victim, and in that respect the Court
believes and holds that P20,000.00 is reasonable. The victim was
likewise entitled to exemplary damages, considering that Article
2230 of the Civil Code authorizes such damages if at least one
aggravating circumstance attended the commission of the crime.
The child abuse committed by the petitioner was aggravated her
being a public schoolteacher, a factor in raising the penalty to its
maximum period pursuant to Section 31 (e) of Republic Act No.
7610. The amount of P20,000.00 as exemplary damages is
imposed on in order to set an example for the public good and as
a deterrent to other public schoolteachers who violate the ban
imposed by Article 233 of the Family Code, supra, against the
infliction of corporal punishment on children under their
substitute parental authority. The lack of proof of the actual
expenses for the victim's treatment should not hinder the
granting of a measure of compensation in the form of temperate
damages, which, according to Article 2224 of the Civil Code, may
be recovered when some pecuniary loss has been suffered but its
amount cannot be proved with certainty.
G.R. No. 169533 March 20, 2013
GEORGE BONGALON, Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, Respondent.
DOCTRINE:
Not every instance of the laying of hands on a child constitutes
the crime of child abuse under Section 10 (a) of Republic Act No.
7610. Only when the laying of hands is shown beyond reasonable
doubt to be intended by the accused to debase, degrade or
demean the intrinsic worth and dignity of the child as a human
being should it be punished as child abuse. Otherwise, it is
punished under the Revised Penal Code.
FACTS:
On May 11, 2002, Jayson Dela Cruz (Jayson) and Roldan, his older
brother, both minors, joined the evening procession for the Santo
Niñ o at Oro Site in Legazpi City; that when the procession passed
in front of the petitioner’s house, the latter’s daughter Mary Ann
Rose, also a minor, threw stones at Jayson and called him "sissy";
that the petitioner confronted Jayson and Roldan and called them
names like "strangers" and "animals"; that the petitioner struck
Jayson at the back with his hand, and slapped Jayson on the face;
that the petitioner then went to the brothers’ house and
challenged Rolando dela Cruz, their father, to a fight, but Rolando
did not come out of the house to take on the petitioner; that
Rolando later brought Jayson to the Legazpi City Police Station
and reported the incident; that Jayson also underwent medical
treatment at the Bicol Regional Training and Teaching Hospital;
that the doctors who examined Jayson issued two medical
certificates attesting that Jayson suffered the following
contusions, to wit: (1) contusion .5 x 2.5 scapular area, left; and
(2) +1x1 cm. contusion left zygomatic area and contusion .5 x
2.33 cm. scapular area, left.
On his part, the petitioner denied having physically abused or
maltreated Jayson. He explained that he only talked with Jayson
and Roldan after Mary Ann Rose and Cherrylyn, his minor
daughters, had told him about Jayson and Roldan’s throwing
stones at them and about Jayson’s burning Cherrylyn’s hair. He
denied shouting invectives at and challenging Rolando to a fight,
insisting that he only told Rolando to restrain his sons from
harming his daughters. To corroborate the petitioner’s testimony,
Mary Ann Rose testified that her father did not hit or slap but
only confronted Jayson, asking why Jayson had called her
daughters "Kimi" and why he had burned Cherrlyn’s hair. Mary
Ann Rose denied throwing stones at Jayson and calling him a
"sissy." She insisted that it was instead Jayson who had pelted her
with stones during the procession. She described the petitioner
as a loving and protective father.
RTC: found and declared the petitioner guilty of child abuse
CA: affirmed the conviction, but modified the penalty
ISSUE:
WON the petitioner is not guilty of the crime charged; and that
even assuming that he was guilty, his liability should be mitigated
because he had merely acted to protect her two minor daughters
RULING:
Although we affirm the factual findings of fact by the RTC and the
CA to the effect that the petitioner struck Jayson at the back with
his hand and slapped Jayson on the face, we disagree with their
holding that his acts constituted child abuse within the purview
of the above-quoted provisions. The records did not establish
beyond reasonable doubt that his laying of hands on Jayson had
been intended to debase the "intrinsic worth and dignity" of
Jayson as a human being, or that he had thereby intended to
humiliate or embarrass Jayson. The records showed the laying of
hands on Jayson to have been done at the spur of the moment
and in anger, indicative of his being then overwhelmed by his
fatherly concern for the personal safety of his own minor
daughters who had just suffered harm at the hands of Jayson and
Roldan. With the loss of his self-control, he lacked that specific
intent to debase, degrade or demean the intrinsic worth and
dignity of a child as a human being that was so essential in the
crime of child abuse.
Considering that Jayson’s physical injury required five to seven
days of medical attention, the petitioner was liable for slight
physical injuries under Article 266 (1) of the Revised Penal Code.
Republic Act No. 9208             May 26, 2003
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
Section 1. Title. This Act shall be known as the "Anti-Trafficking
in Persons Act of 2003".
Section 2.  Declaration of Policy. – It is hereby declared that the
State values the dignity of every human person and guarantees
the respect of individual rights. In pursuit of this policy, the State
shall give highest priority to the enactment of measures and
development of programs that will promote human dignity,
protect the people from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to
support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of
society.
It shall be a State policy to recognize the equal rights and
inherent human dignity of women and men as enshrined in the
United Nations Universal Declaration on Human Rights, United
Nations Convention on the Rights of the Child, United Nations
Convention on the Protection of Migrant Workers and their
Families. United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children
and all other relevant and universally accepted human rights
instruments and other international conventions to which the
Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment,
transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or
knowledge, within or across national borders by means
of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having
control over another person for the purpose of
exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall
also be considered as "trafficking in persons" even if it
does not involve any of the means set forth in the
preceding paragraph.
(b) Child - refers to a person below eighteen (18) years
of age or one who is over eighteen (18) but is unable to
fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because
of a physical or mental disability or condition.
(c) Prostitution  - refers to any act, transaction, scheme
or design involving the use of a person by another, for
sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of
work or services from any person by means of
enticement, violence, intimidation or threat, use of force
or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or
deception.
(e) Sex Tourism - refers to a program organized by
travel and tourism-related establishments and
individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual
services and practices offered during rest and
recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a
person in prostitution or the production of
pornographic materials as a result of being subjected to
a threat, deception, coercion, abduction, force, abuse of
authority, debt bondage, fraud or through abuse of a
victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor
of his/her personal services or labor or those of a
person under his/her control as security or payment for
a debt, when the length and nature of services is not
clearly defined or when the value of the services as
reasonably assessed is not applied toward the
liquidation of the debt.
(h) Pornography - refers to any representation, through
publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means,
of a person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a
person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against
Trafficking created under Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for
any person, natural or juridical, to commit any of the following
acts:
(a) 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, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
(b) 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, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(c) To offer or contract marriage, real or simulated, for
the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
(d) 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;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(g) 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; and
(h) To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The
following acts which promote or facilitate trafficking in persons,
shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the
purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued,
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 pre-
departure requirements for the purpose of promoting
trafficking in persons;
 (c) 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, of
any brochure, flyer, or any propaganda material that
promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or
fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from
government agencies that are mandated to provide pre-
departure registration and services for departing
persons for the purpose of promoting trafficking in
persons;
(e) 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 unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in
persons;
(f) 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;
and
(g) 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.
Section 6. Qualified Trafficking in Persons. - The following are
considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act
No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(c) 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;
(d) 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;
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law
enforcement agencies; and
(g) 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).
Section 6. Confidentiality. - At any stage of the investigation,
prosecution and trial of an offense under this 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. Towards this end, law enforcement officers, prosecutors
and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding,
and after considering all circumstances for the best interest of the
parties, 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 and such circumstances or information shall not be
disclosed to the public.
In cases when 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.
Section 8. Prosecution of Cases. - Any person who has personal
knowledge of the commission of any offense under this Act, the
trafficked person, the parents, spouse, siblings, children or legal
guardian may file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this
Act shall be filed where the offense was committed, or where any
of its elements occurred, or where the trafficked person actually
resides at the time of the commission of the offense: Provided,
That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and
sanctions are hereby established for the offenses enumerated in
this Act:
(a) Any person found guilty of committing any of the
acts enumerated in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more
than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the
acts enumerated in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking
under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall
suffer the penalty of imprisonment of six (6) years and a
fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership,
association, club, establishment or any juridical person,
the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who
participated in the commission of the crime or who
shall have knowingly permitted or failed to prevent its
commission;
(f) The registration with the Securities and Exchange
Commission (SEC) and license to operate of the erring
agency, corporation, association, religious group, tour
or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager
thereof shall not be allowed to operate similar
establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately
deported after serving his sentence and be barred
permanently from entering the country;
(h) Any employee or official of government agencies
who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates,
counseling certificates, marriage license, and other
similar documents to persons, whether juridical or
 natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided
for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal
liability under this Act. The concerned government
official or employee shall, upon conviction, be dismissed
from the service and be barred permanently to hold
public office. His/her retirement and other benefits
shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any
offense under this Act shall result in the immediate
rescission of the decree of adoption.
Section 11. 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).
Section 12.  Prescriptive Period. - Trafficking cases under this Act
shall prescribe in ten (10) years: Provided, however, That
trafficking cases committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on
which the trafficked person is delivered or released from the
conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall commence to run again when
such proceedings terminate without the accused being convicted
or acquitted or are unjustifiably stopped for any reason not
imputable to the accused.
Section 13. Exemption from Filing Fees.  - When the trafficked
person institutes a separate civil action for the recovery of civil
damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and
Instruments Derived from Trafficking in Persons. - In addition to
the penalty imposed for the violation of this Act, the court shall
order the confiscation and forfeiture, in favor of the government,
of all the proceeds and properties derived from the commission
of the crime, unless they are the property of a third person not
liable for the unlawful act; Provided, however,  That all awards for
damages shall be taken from the personal and separate
properties of the offender; Provided, further, That if such
properties are insufficient, the balance shall be taken from the
confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense
have been destroyed, diminished in value or otherwise rendered
worthless by any act or omission, directly or indirectly, of the
offender, or it has been concealed, removed, converted or
transferred to prevent the same from being found or to avoid
forfeiture or confiscation, the offender shall be ordered to pay the
amount equal to the value of the proceeds, property or
instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the
proceeds and properties forfeited and confiscated pursuant to
Section 14 hereof shall accrue to a Trust Fund to be administered
and managed by the Council to be used exclusively for programs
that will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of society.
Such programs shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section
23 of this Act;
(b) Sponsorship of a national research program on
trafficking and establishment of a data collection system
for monitoring and evaluation purposes;
(c) Provision of necessary technical and material
support services to appropriate government agencies
and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide
venue for consensus building amongst the public, the
academe, government, NGOs and international
organizations; and
(e) Promotion of information and education campaign
on trafficking.
Section 16.  Programs that Address Trafficking in Persons. - The
government shall establish and implement preventive, protective
and rehabilitative programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to
implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make
available its resources and facilities overseas for
trafficked persons regardless of their manner of entry
to the receiving country, and explore means to further
enhance its assistance in eliminating trafficking
activities through closer networking with government
agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant
programs.
The DFA shall take necessary measures for the efficient
implementation of the Machine Readable Passports to
protect the integrity of Philippine passports, visas and
other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification
documents.
It shall establish and implement a pre-marriage, on-site
and pre-departure counseling program on
intermarriages.
(b) Department of Social Welfare and Development
(DSWD) - shall implement rehabilitative and protective
programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons
and develop a system for accreditation among NGOs for
purposes of establishing centers and programs for
intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) -
shall ensure the strict implementation and compliance
with the rules and guidelines relative to the
employment of persons locally and overseas. It shall
likewise monitor, document and report cases of
trafficking in persons involving employers and labor
recruiters.
(d) Department of Justice (DOJ) - shall ensure the
prosecution of persons accused of trafficking and
designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also
establish a mechanism for free legal assistance for
trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs
and volunteer groups.
(e) National Commission on the Role of Filipino Women
(NCRFW) - shall actively participate and coordinate in
the formulation and monitoring of policies addressing
the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate
for the inclusion of the issue of trafficking in persons in
both its local and international advocacy for women's
issues.
(f) Bureau of Immigration (BI) - shall strictly administer
and enforce immigration and alien administration laws.
It shall adopt measures for the apprehension of
suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino
fiancés/fiancées and spouses of foreign nationals with
 the guidance and counseling requirement as provided
for in this Act.
(g) Philippine National Police (PNP) - shall be the
primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or
persons suspected to be engaged in trafficking. It shall
closely coordinate with various law enforcement
agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers.
It shall also establish a system to receive complaints and
calls to assist trafficked persons and conduct rescue
operations.
(h) Philippine Overseas Employment Administration
(POEA) - shall implement an effective pre-employment
orientation seminars and pre-departure counseling
programs to applicants for overseas employment. It
shall likewise formulate a system of providing free legal
assistance to trafficked persons.
(i) Department of the Interior and Local Government
(DILG) - shall institute a systematic information and
prevention campaign and likewise maintain a databank
for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and
document cases of trafficking in persons in their areas
of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act
and ensure effective prosecution of such cases. They
shall also undertake an information campaign against
trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination
with DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and
other concerned agencies. They shall encourage and
support community based initiatives which address the
trafficking in persons.
In implementing this Act, the agencies concerned may
seek and enlist the assistance of NGOs, people's
organizations (Pos), civic organizations and other
volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked
persons shall be recognized as victims of the act or acts of
trafficking and as such shall not be penalized for crimes directly
related to the acts of trafficking enumerated in this Act or in
obedience to the order made by the trafficker in relation thereto.
In this regard, the consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.
Section 18.  Preferential Entitlement Under the Witness Protection
Program. - Any provision of Republic Act No. 6981 to the
contrary notwithstanding, any trafficked person shall be entitled
to the witness protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. -
Subject to the guidelines issued by the Council, trafficked persons
in the Philippines who are nationals of a foreign country shall
also be entitled to appropriate protection, assistance and services
available to trafficked persons under this Act: Provided, That they
shall be permitted continued presence in the Philippines for a
length of time prescribed by the Council as necessary to effect the
prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is
hereby established an Inter-Agency Council Against Trafficking,
to be composed of the Secretary of the Department of Justice as
Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the
following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment
Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of
Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be
composed of one (1) representative each from among
the sectors representing women, overseas Filipino
workers (OFWs) and children, with a proven record of
involvement in the prevention and suppression of
trafficking in persons. These representatives shall be
nominated by the government agency representatives
of the Council, for appointment by the President for a
term of three (3) years.
The members of the Council may designate their
permanent representatives who shall have a rank not
lower than an assistant secretary or its equivalent to
meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing
budget and accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the
following powers and functions:
(a) Formulate a comprehensive and integrated program
to prevent and suppress the trafficking in persons;
(b) Promulgate rules and regulations as may be
necessary for the effective implementation of this Act;
(c) Monitor and oversee the strict implementation of
this Act;
(d) Coordinate the programs and projects of the various
member agencies to effectively address the issues and
problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information
dissemination and campaign on the existence of the law
and the various issues and problems attendant to
trafficking through the LGUs, concerned agencies, and
NGOs;
(f) Direct other agencies to immediately respond to the
problems brought to their attention and report to the
Council on action taken;
(g) Assist in filing of cases against individuals, agencies,
institutions or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegration of
trafficked persons in cooperation with DOLE, DSWD,
Technical Education and Skills Development Authority
(TESDA), Commission on Higher Education (CHED),
LGUs and NGOs;
(i) Secure from any department, bureau, office, agency,
or instrumentality of the government or from NGOs and
other civic organizations such assistance as may be
needed to effectively implement this Act;
(j) Complement the shared government information
system for migration established under Republic Act
No. 8042, otherwise known as the "Migrant Workers
and Overseas Filipinos Act of 1995" with data on cases
of trafficking in persons, and ensure that the proper
agencies conduct a continuing research and study on
the patterns and scheme of trafficking in persons which
shall form the basis for policy formulation and program
direction;
(k) Develop the mechanism to ensure the timely,
coordinated, and effective response to cases of
trafficking in persons;
(l) Recommend measures to enhance cooperative
efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to
 prevent and suppress international trafficking in
persons;
(m) Coordinate with the Department of Transportation
and Communications (DOTC), Department of Trade and
Industry (DTI), and other NGOs in monitoring the
promotion of advertisement of trafficking in the
internet;
(n) Adopt measures and policies to protect the rights
and needs of trafficked persons who are foreign
nationals in the Philippines;
(o) Initiate training programs in identifying and
providing the necessary intervention or assistance to
trafficked persons; and
(p) Exercise all the powers and perform such other
functions necessary to attain the purposes and
objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice
shall establish the necessary Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure
recovery, rehabilitation and reintegration into the mainstream of
society, concerned government agencies shall make available the
following services to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information
about the victims' rights and the procedure for filing
complaints, claiming compensation and such other legal
remedies available to them, in a language understood
by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will
track the progress of recovery, rehabilitation and reintegration of
the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be
considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created
by Republic Act No. 8042, subject to the guidelines as
provided by law.
(b) Overseas Filipino Resource Centers. - The services
available to overseas Filipinos as provided for by
Republic Act No. 8042 shall also be extended to
trafficked persons regardless of their immigration
status in the host country.
(c) The Country Team Approach. - The country team
approach under Executive Order No. 74 of 1993, shall
be the operational scheme under which Philippine
embassies abroad shall provide protection to trafficked
persons insofar as the promotion of their welfare,
dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in
coordination with DOLE and other appropriate agencies, shall
have the primary responsibility for the repatriation of trafficked
persons, regardless of whether they are documented or
undocumented.
If, however, the repatriation of the trafficked persons shall
expose the victims to greater risks, the DFA shall make
representation with the host government for the extension of
appropriate residency permits and protection, as may be legally
permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall
endeavor to include offenses of trafficking in persons among
extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to
the President of the Philippines and to Congress an annual report
of the policies, programs and activities relative to the
implementation of this Act.
Section 28. Funding. - The heads of the departments and
agencies concerned shall immediately include in their programs
and issue such rules and regulations to implement the provisions
of this Act, the funding of which shall be included in the annual
General Appropriations Act.
Section 29. Implementing Rules and Regulations. - The Council
shall promulgate the necessary implementing rules and
regulations within sixty (60) days from the effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of
Association, Religion and the Right to Travel. - Nothing in this Act
shall be interpreted as a restriction of the freedom of speech and
of association, religion and the right to travel for purposes not
contrary to law as guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.
Section 32. Repealing clause. - All laws, presidential decrees,
executive orders and rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed
or modified accordingly: Provided, That this Act shall not in any
way amend or repeal the provision of Republic Act No. 7610,
otherwise known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act".
Section 33. Effectivity. - This Act shall take effect fifteen (15) days
from the date of its complete publication in at least two (2)
newspapers of general circulation.
Approved: May 26, 2003.
People of the Philippines vs Shirley A. Casio
G.R. No. 211465 December 3, 2014
FACTS:
On May 2, 2008, International Justice Mission (IJM), a non-
governmental organization, coordinated with the police in order
to entrap persons engaged in human trafficking in Cebu City.
Chief PSI George Ylanan, SPO1 Felomino Mendaros, SPO1 Fe
Altubar, PO1 Albert Luardo, and PO1 Roy Carlo Veloso composed
the team of police operatives. PO1 Luardo and PO1 Veloso were
designated as decoys, pretending to be tour guides looking for
girls to entertain their guests. IJM provided them with marked
money, which was recorded in the police blotter.
The team went to Queensland Motel and rented Rooms 24 and
25. These rooms were adjacent to each other. Room 24 was
designated for the transaction while Room 25 was for the rest of
the police team.10
PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem Street in
Barangay Kamagayan, Cebu City’s red light district. Accused
noticed them and called their attention by saying Chicks mo dong?
(Do you like girls, guys?). PO1 Veloso and PO1 Luardo convinced
accused to come with them to Queensland Motel. Upon
proceeding to Room 24, PO1 Veloso handed the marked money to
accused.
As accused counted the money, PO1 Veloso gave PSI Ylanan a
missed call. This was their pre-arranged signal. The rest of the
team proceeded to Room 24, arrested accused, and informed her
of her constitutional rights. The police confiscated the marked
money from accused. Meanwhile, AAA and BBB were brought to
Room 25 and placed in the custody of the representatives from
the IJM and the DSWD.
In defense, accused testified that she worked as a laundrywoman.
On the evening of May 2, 2008, she went out to buy supper. While
walking, she was stopped by two men on board a blue car. The
two men asked her if she knew someone named Bingbing. She
replied that she only knew Gingging but not Bingbing. The men
informed her that they were actually looking for Gingging, gave
her a piece of paper with a number written on it, and told her to
tell Gingging to bring companions. When accused arrived home,
she contacted Gingging. Gingging convinced her to come because
allegedly, she would be given money by the two males.
Trial Court: finds accused, SHIRLEY A. CASIO, GUILTY beyond
reasonable doubt of trafficking in persons under paragraph (a),
Section 4 as qualified under paragraph (a), Section 6 of R.A. 9208
CA: affirmed the findings of the trial court but modified the fine
and awarded moral damages
ISSUES:
(1) Whether the entrapment operation conducted by the police
was valid, considering that there was no prior surveillance
and the police did not know the subject of the operation;
(2) Whether the prosecution was able to prove accused’s guilt
beyond reasonable doubt even though there was no
evidence presented to show that accused has a history of
engaging in human trafficking; and
(3) Whether accused was properly convicted of trafficking in
persons, considering that AAA admitted that she works as a
prostitute.
RULING:
The Office of the Solicitor General, counsel for plaintiff-appellee
People of the Philippines, argued that the trial court did not err in
convicting accused because witnesses positively identified her as
the person who solicited customers and received money for AAA
and BBB. Entrapment operations are valid and have been
recognized by courts. Likewise, her arrest in flagrante delicto is
valid. Hence, the trial court was correct in stating that accused
had fully consummated the act of trafficking of persons. . .
Regardless of the willingness of AAA and BBB, therefore, to be
trafficked, we affirm the text and spirit of our laws. Minors should
spend their adolescence moulding their character in
environments free of the vilest motives and the worse of other
human beings. The evidence and the law compel us to affirm the
conviction of accused in this case.
We affirm accused Shirley A. Casio’s conviction.
PEOPLE OF THE PHILIPPINES vs. HADJA JARMA LALLI y
PURIH
G.R. No. 195419
FACTS:
In the evening of June 3, 2005, while Lolita Sagadsad Plando, 23
years old, single, was in Tumaga, Zamboanga City on her way to
the house of her grandfather, she met Ronnie Masion Aringoy and
Rachel Aringoy Caete. Ronnie greeted Lolita, Oy, its good you are
here (oy, maayo kay dia ka). Rachel asked Lolita if she is
interested to work in Malaysia. x x x Lolita was interested so she
gave her cellphone number to Ronnie. After their conversation,
Lolita proceeded to her grandfathers house.
Lolita inquired what job is available in Malaysia. Ronnie told her
that she will work as a restaurant entertainer. All that is needed
is a passport. Hadja Jarma told her it is not a problem because
they have a connection with the DFA (Department of Foreign
Affairs) and Marifes picture in the passport will be substituted
with Lolitas picture.
When they were already at the restaurant, a Filipina woman
working there said that the place is a prostitution den and the
women there are used as prostitutes. Lolita and her companions
went back to the hotel. They told Hadja Jarma and Nestor that
they do not like to work as prostitutes.
Lolita Plando was forced to work as entertainer at Pipen Club.
She started working at 8:30 in the evening of June 14, 2005. She
was given the number 60 which was pinned on her. That night,
she had her first customer who selected her among the other
women at the club. He was a very big man, about 32 years old, a
Chinese-Malay who looked like a wrestler. The man paid for short
time service at the counter. Lolita was given by the cashier a
small pink paper. She was instructed to keep it. A small yellow
paper is given to the entertainer for overnight services. The
customer brought Lolita to a hotel. She did not like to go with him
but a boss at the club told her that she could not do anything. At
the hotel, the man poked a gun at Lolita and instructed her to
undress. She refused. The man boxed her on the side of her body.
She could not bear the pain. The man undressed her and had
sexual intercourse with her. He had sexual intercourse with her
every fifteen minutes or four times in one hour. When the
customer went inside the comfort room, Lolita put on her clothes
and left. The customer followed her and wanted to bring her back
to the hotel but Lolita refused. At about 1:00 oclock in the
morning of June 15, 2005, Lolita was chosen by another
customer, a tall dark man, about 40 years old. The customer paid
for an overnight service at the counter and brought Lolita to
Mariner Hotel which is far from Pipen Club. At the hotel, the man
told Lolita to undress. When she refused, the man brought her to
the comfort room and bumped her head on the wall. Lolita felt
dizzy. The man opened the shower and said that both of them
will take a bath. Lolitas clothes got wet. She was crying. The man
undressed her and had sexual intercourse with her. They stayed
at the hotel until 11:00 oclock in the morning of June 15, 2005.
The customer used Lolita many times. He had sexual intercourse
with her every hour.
One day she was able to contact her other sister and informed
her about her situation. One day her sister’s husband came to the
restaurant and helped her escape.
Trial Court: finds accused HADJA JARMA LALLI y PURIH and
RONNIE ARINGOY y MASION GUILTY beyond reasonable doubt
in Criminal Case No. 21908 of the Crime of Trafficking in Persons
defined in Section 3(a) and penalized under Section 10(c) in
relation to Sections 4(a) and 6(c) of Republic Act No. 9208 known
as the Anti-Trafficking in Persons Act of 2003 and in Criminal
Case No. 21930 of the crime of Illegal Recruitment defined in
Section 6 and penalized under Section 7(b) of Republic Act No.
8042 known as the Migrant Workers and Overseas Filipinos Act
of 1995
CA: affirmed in toto the RTC Decision and found accused-
appellants guilty beyond reasonable doubt of the crimes of Illegal
Recruitment and Trafficking in Persons
ISSUE:
Whether the Court of Appeals committed a reversible error in
affirming in toto the RTC Decision
RULING:
We dismiss the appeal for lack of merit. The facts found by the
trial court, as affirmed in toto by the Court of Appeals, are, as a
general rule, conclusive upon this Court, in the absence of any
showing of grave abuse of discretion.
Criminal Case No. 21908 (Trafficking in Persons)
Trafficking in Persons under Sections 3(a) and 4 of RA 9208 is
not only limited to transportation of victims, but also includes the
act of recruitment of victims for trafficking. In this case, since it
has been sufficiently proven beyond reasonable doubt, as
discussed in Criminal Case No. 21930, that all the three accused
(Aringoy, Lalli and Relampagos) conspired and confederated
with one another to illegally recruit Lolita to become a prostitute
in Malaysia, it follows that they are also guilty beyond reasonable
doubt of the crime of Qualified Trafficking in Persons committed
by a syndicate under RA 9208 because the crime of recruitment
for prostitution also constitutes trafficking.