Tristan A.

Reyes

Republic Acts

1. RA 7658 - AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW

15 YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS. AMENDING
FOR THE PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610.

 No child under fifteen (15) maybe employed except:

o When a child works under the responsibility of his parents or legal
guardian:
 The employment does not endager the child’s life, safety, health,
morals, and does not impair his normal development
 The child shall continuously be provided with primary and/or
secondary education.
o When the child’s employment or participation is in public and
entertainment or information (e.g. cinema, theater, radio or television):
 The employment contract is concluded by the child’s parent or
legal guardian;
 With the approval of the Department of Labor and Employment;
 The following requirements must be complied with:
 Ensurance of the employer the protection, health, safety
and morals of the child; including the normal development
of the child;
 Ensuring the child shall not be exploited or discriminated
taking into account the level or remuneration and
arrangement of working hours;
 Continuous program for training and skills acquisition of the child
through the employer
o Where in any case a child maybe employed, he must first secure a
working permit from the Department of Labor and Employment for the
child;
o The Department of Labor and Employment shall promulgate the rules
necessary for the implementation of the act.

2. RA 7438 – Rights of persons under custodial detention and duties of the

arresting officers

 Any person arrested shall at all times be assisted by counsel;

 The officers shall inform the arrested person his right:
o to remain silent
o to counsel (preferably of his own choice) who shall not be denied to
confer privately at any time of the day or night;
o if a person cannot afford the services of a counsel, one will be provided
by the investigating officer;
 Custodial investigation report shall be in writing and shall be explained by the
officer in a language or dialect known to the person arrested, otherwise it shall
be null and void;
 On extrajudicial confessions made by the person arrested:
o must be in writing and signed by the person arrested in the presence of
his counsel;
o in the absence of counsel, parents, elder brothers and sisters, his
spouse, municipal mayor, municipal judge, district school supervisor,
priest or minister of the gospel chosen by him.
Tristan A. Reyes

 On waivers under Art. 125 of the RPC, it must be signed in writing in the
presence of his counsel.
 The person arrested shall be allowed visits by his immediate family (SADBroS,
grandparents, grandchildren, uncle, aunt, nephew, niece, guardian or ward),
counsel, doctors, priest or religious minister, or any non-governmental
organizations duly accredited.
 Any arresting public officer who shall prevent, obstruct or does not implement
the foregoing shall suffer a fine of P6,000.00 or imprisonment of 8-10 years, or
both; perpetual absolute disqualification on the officer who repeats a similar
offense;

3. RA 7610 – Special Protection of Children Against Abuse, Exploitation and

Discrimination Act.

 The state shall intervene on behalf of the child when the parent, guardian,
teacher or person in custody of the child commits the abuse;
 Children – below 18 years old who are unable to protect themselves
 Child abuse – maltreatment whether habitual or not through:
o Psychological, physical, sexual and such other abuses;
o Actions or words;
o Deprival of basic necessities for survival;
o Failure to give medical treatment to an injured child.
 Program on child abuse - Formulated by the Justice Department and DSWD;
 Child prostitution and other sexual abuse – committed by any adult, syndicate
or group;
 Child trafficking – engaging in trading and dealing with children through the act
of buying and selling of a child for money;
 Obscene publications and indecent shows – hiring, employing, using, inducing
and coercing a child to perform in obscene exhibitions, whether live or in video,
pictures, or sell and distribute said materials;
 Covers establishments and enterprises who promote child prostitution and
sexual abuse;
 Sec. 12, Art. VIII, on working children in relation to RA 7658;
 Children of indigenous cultural communities shall be entitled to protection,
survival and development consistent with their customs and traditions and
shall be given access to education, health and nutrition, shall not be subjected
to discrimination, and participation to government programs;
 Children in situations of armed conflict shall be declared “zones of peace” not
the object of attack but respect, and shall not be recruited to be members of the
Armed Forces of the Philippines, not to be used as guides, couriers or spies.
During evacuation, children shall be given priority accompanied by persons
responsible for their well-being and safety.
 Rights of children arrested for reasons related to armed conflict:
o Separate detention from adults;
o Immediate free legal assistance;
o Immediate notice of such arrest to the parents or guardians of the child;
and
o Release of the child on recognizance within 24 hours to the DSWD or any
member of the community determined by the court.

4. RA 8177 – death by lethal injection in relation to RA 7659 (1993) – act

imposing the death penalty on heinous crimes.
Tristan A. Reyes

RA 7659 was enacted due to the clamor of stricter penalties for offenses committed
and upsurge of crimes being grievous, odious and hateful offenses manifested in the
wickedness, viciousness, atrocity and perversity of the act against norms of decency
and morality. It modified the penalties and requisites of offenses under the RPC:

Penalty ranging from reclusion perpetua to death: treason, qualified piracy,

qualified bribery, murder, kidnapping and serious illegal detention, robbery with
homicide, robbery with rape, robbery with mutilation or arson, destructive arson, rape
with use of deadly weapons or by two or more persons, attempted or frustrated rape
and a homicide is committed, plunder, importation of prohibited drugs;
administration, delivery, distribution and transportation of prohibited drugs,
maintenance of a drug den, dive or resort, manufacture or prohibited drug, possession
or use of prohibited drugs subject to Sec. 20, cultivation of plants which are sources of
prohibited drugs,

Penalty of Death : demand of a public officer for a gift or present (in qualified
bribery), parricide, kidnap for ransom, rape causing the victim to be insane, rape with
homicide, rape with the circumstances enumerated (victim is a minor, a relative,
common-law-spouse of the parent of the victim, victim is under custody, rape in view
of the husband, children or relatives within the third degree of consanguinity, a victim
is a religious or a child below 7, when the offender knows that he has AIDS, when
committed by any member of the AFP or PNP, victim suffers permanent physical
mutilation),

Penalty of Reclusion perpetua : piracy and mutiny on the high seas, rape

 Persons charged with offenses punishable by reclusion perpetua to death

cannot avail of any plea bargaining;
 Act repealed portions of RA 6425 (Dangerous Drugs Act of 1972), RA 6539
(Anti-Carnapping Acti of 1972), Art. 27 of the RPC (providing for the number of
years and days of prison terms for penalties), Art. 47 (cases where the death
penalty shall not be imposed and automatic review of the death penalty
sentence), 62 (effects of mitigating or aggravating circumstances and of habitual
delinquency) of the RPC, Art. 81, RPC (manner how the death penalty is to be
executed), and Art. 83 (suspension of the death sentence) of the RPC.

RA 8177 - AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE METHOD

OF CARRYING OUT CAPITAL PUNISHMENT, AMENDING FOR THE PURPOSE
ARTICLE 81 OF THE REVISED PENAL CODE, AS AMENDED BY SECTION 24 OF
REPUBLIC ACT NO. 7659.

5. RA 8043 – Inter-country adoption – this act provides for the manner of adopting
Filipino children by an alien or any Filipino residing abroad provided that it is in
the best interest of the child and the all the provisions under the Family Code
pertaining to adoption have been exhausted, who is under the custody of the
DSWD, voluntarily or involuntarily and is eligible for adoption. Adopting parents
should not be less than 16 years older than the adoptee and has the capacity to
provide all the support necessary for the welfare of the child (below 15).

RA 8552 – Domestic Adoption Act of 1998 – the republic act broadens the realm of
adoption and included children above 15 and under 18, and those of legal age. It
provided for the manner and procedure of petitioning for adoption. It also provided
for the effects, recission of adoption, violations and penalties.
Tristan A. Reyes

6. RA 8353 – Anti-Rape Law of 1997 – this act modified the instances,

circumstances, requisites and penalties contained in the RPC as amended,
modified, and in relation to the penalties contained under RA 7659. This act
expanded the definition of the crime of rape, reclassifying the same as a crime
against persons.

 Notable under this act is the effect of pardon by the offended party wherein the
effect of such subsequent act is absolving the offender from any criminal and
civil liability.
 Any physical overt act manifesting resistance against the act of rape in any
degree may be accepted as evidence in the prosecution thereof.

7. RA 8369 – Family Courts Act of 1997 – This act established the Family Courts and
granting them exclusive original jurisdiction over child and family cases.

8. RA 8370 – Children’s Television Act of 1997 – This act recognized the role of the
youth in nation building and in recognizing such, established the National Council
for Children’s Television who shall supervise the programs in media suitable
towards the development of the child.

9. RA 7877 – Anti-Sexual Harrassment Law – This law refers to the acts and
penalties of sexual advances made by a person who has ascendancy towards
another in the workplace, school, institution, or training environment

10.RA 8493 – Speedy Trial Act – to ensure speedy trial of all CRIMINAL cases before
the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court, and Municipal Circuit Trial Court. Among others, the following shall be
observed:

 Mandatory Pre-Trial Conference

 Pre-Trial Agreement
 Pre-Trial Order
 Time limit for trial – 180 days except those under the Rules on Summary
Procedure
 Time between Filing of Information and Arraignment – 30 days
 Time between Arraignment and Trial – if plea of not guilty is entered, 15 days to
prepare and trial shall commence within 30 days
 Time between following an Order for New Trial – within 30 days from finality of
the order and not to extend 180 days from the finality of the order.

11.RA 8505 – Rape Victim Assistance and Protection Act of 1998 – this act provides
for the assistance and protection of rape victims in coordination with various
agencies to work together with rape crisis center that shall assist and protect the
victims in the litigation of their cases and recovery.

Rape Crisis Center:

Tristan A. Reyes

 Provides psychological counseling, medical and health services including

medico-legal examination;
 Free legal assistance
 Assist in the arrest of offenders
 Ensurance of privacy and safety of rape victims
 Provides psychological counseling, medical and health services for the family of
rape victims
 Develop training program
 Adopting and implementing programs for recovery of rape victims

Rape Shield – evidence of complainant’s past sexual conduct, opinion or reputation

shall not be admitted in Court unless the evidence is material and relevant to the case.