Republic Act 7610

“ The Anti-Child Abuse Law”

PCMS Arvin K Cornejo, R.Crim; M.P.A.

Chief Clerk Provincial Learning and Doctrine Development
Laguna Police Provincial Office
 Who is a Child?
 A person below 18 years of age
 A person OVER 18 years of age but because of a
physical or mental disability or condition is:
 unable to fully take care of himself/herself

 unable to protect himself/herself from abuse,

neglect, cruelty, exploitation or discrimination

The law prohibits all forms of child-targeted
abuse, (physical, psychological and
sexual) neglect, cruelty, exploitation and
discrimination.
 What is child abuse?
Refers to the maltreatment, whether habitual
or not, of the child which includes any of
the following:
 Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment
 Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being
 Unreasonable deprivation of his basic needs for
survival such as food and shelter
 Failure to immediately give medical treatment to
an injured child resulting in serious impairment of
his growth and development or in his permanent
incapacity or death.
 Cruelty
 refers to any act by word or deed which
debases, degrades or demeans the
intrinsic worth and dignity of a child as a
human being
Discipline administered by a parent or legal
guardian to a child does not constitute
cruelty provided it is reasonable in
manner and moderate in degree and
does not constitute physical or
psychological injury.
 Physical Abuse
 refers to any act which results in non-
accidental and/or unreasonable infliction
of physical injury which includes, but is
not limited to, lacerations, fractured
bones, burns, internal injuries, severe
injury or serious bodily harm
 Psychological Abuse
 refers to any harm to a child’s emotional,
psychological or intellectual functionality
which may be exhibited by severe
anxiety, depression, withdrawal or
outward aggressive behavior, or a
combination of said behavior, which may
be demonstrated by a change in
behavior, emotional response or
cognition
 Child Neglect
 Failure to provide, for reasons other than
poverty, adequate food, clothing, shelter, basic
education or medical care so as to endanger
seriously the physical, mental, social and
emotional growth/development
 Abandonment or concealment of child
 Failure to give education commensurate to
family’s social station and financial condition
 Causes or permits child’s truancy
 Allows child to possess or carry deadly
weapons
 Allows child to drive without and/or fake license
 Child Sexual Abuse
Includes employment, use, persuasion,
enticement, inducement or coercion of a
child to engage in, or assist another
person to engage in:
 Sexual intercourse

 Lascivious conduct

 Prostitution

 Molestation

 Incest with children

 Lascivious Conduct
Means the intentional touching, either directly or
through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or introduction of any object
(including a finger) 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.

Note: This conduct is likewise punishable under the

Anti-Rape Law as “Sexual Assault”
 Prostitution
 When children, whether male or
female, are for money, profit, or any
other consideration or due to
coercion or influence of any adult,
syndicate or group, indulged in
sexual intercourse or lascivious
conduct.
 Child Trafficking
 Buying and selling of children for money or for any
other consideration
 Attempt to Commit Trafficking --
 When a child travels to a foreign country without the
necessary documents
 Recruitment of women or couples to bear children for
the purpose of trafficking
 Simulation of birth
 Finding children among low-income families, hospitals,
clinics and the like who can be offered for the purpose
of trafficking
 Child Exploitation
 Hiring, employment, persuasion, inducement, or
coercion of a child to perform obscene exhibitions
and indecent shows, whether live or in video or
film, or to pose or act as a model in obscene
publications or pornographic materials, or to sell
or distribute said materials
 Using child, directly or indirectly, for begging
 Using child as conduit or middleman in drug
trafficking
 Using child for other illegal activities
 Employing child below 15 years of age, except
 Under sole responsibility of parents/legal
guardian
 Child employed in public entertainment
Other forms of Child Abuse
Attempt to commit prostitution –

 when any person who, not being a relative of a

child, is found alone with the child inside a room
or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar places;
vessels, vehicles or any other hidden or secluded
area under suspicious circumstances.
 When any person is receiving services from a
child in a sauna parlor or bath, massage clinic,
health club and similar places
 Continuation:

 Any person who shall keep or house in his

company a minor, twelve (12) years or under
or who is ten (10) years or more his junior in
any public or private place, hotel etc.
 Inducing or delivering or offering a minor to
any person prohibited in law to keep or have in
his company a minor
 Any person, owner or manager or one
entrusted with the operation of any public or
private place of accommodation, who allows a
person to take with him a minor to such place
 Indicators of Child Abuse
 Physical signs
 Unexplained, unusual and periodic
bodily injuries (bruises, burns, bite
marks, abrasions, lacerations,
contusions, underweight, malnutrition)
 Indicators of Child Abuse
 Psychological or emotional signs
 Extreme fear, confusion, anxiety, anger,
depression, problems with sleeping,
eating and waste elimination, abrupt
mood changes, lying, stealing, suicidal
tendencies, regressive behavior,
aggressive and destructive behavior
 Signs which suggest sexual abuse

 Displaying sexual knowledge inappropriate

to age
 Inappropriate sexual behavior
 Writing/drawing about sex or abuse
 Contracting Sexually transmitted diseases
 Who must report child abuse?
 Head of any public/private hospital,
medical clinic or similar institution
 Attending physician or nurse
 All public school teachers/administrators,
probation officers, government lawyers,
law enforcement officers, Barangay
officials, other Gov't employees whose
work involves children
 Where to report child abuse
 The nearest local office of the DSWD
 The nearest PNP station
 The national Bureau of Investigation
 Barangay Council for the Protection of
Children
 Commission on Human Rights
 Department of Justice task Force on
Child’s Protection
 Who may file a complaint?
 Offended party
 Parents or Guardians
 Ascendants or collateral relatives w/in 3rd
civil degree of consanguinity
 Officer, social worker or rep of licensed
child caring institution
 DSWD officer or social worker
 Barangay Chairperson
 At least 3 concerned, responsible citizens
of place where abuse occurred
 Criminal Justice Process
 Filing of complaint/report of abuse
 Inquest/preliminary investigation
 Trial
 Arraignment
 Pre-trial
 Trial
 Prosecution evidence
 Defense evidence
 Rebuttal, surrebuttal
 Submission of memoranda
 Judgment: Acquittal or Conviction
 Service of sentence or appeal
 Process of report and
investigation

SEXUAL ASSAULT / RAPE

Social workers,
victim advocates, POLICE FORCE
Barangay officials

MEDICAL and
PSYCHOLOGICAL Prosecutor / Fiscal
Services
 Victims of child abuse
may avail of:
 Protective custody
 Counseling Child placement
 Medical/Dental Services services
 Psychological /Psychiatric –Residential care
services –Foster home
 Social Services to Family –Adoption

 Compensation from DOJ Legal services

Board of Claims
Educational and
Vocational services
Witness protection
program
 Guiding Principle:
The Best Interest of the Child
 In all questions regarding the care, custody,
education and property of the child, the welfare
(or best interest) shall be of paramount
consideration
 The totality of the circumstances and conditions
as are most congenial to the survival, protection
and feelings of security of the child and most
encouraging to his physical, psychological and
emotional development
 The least detrimental available alternative for
safeguarding the growth and development of the
child
 The Child Rights Convention
(CRC)

 Governments are to respect and ensure

the rights of the children without
discrimination of any kind (CRC, Article 2)
 CRC
 Best Interest: In all actions concerning
children, the best interest of the chil is a
primary consideration (CRC, Article 3)
 And will be the “basic concern” of the
parents (CRC, Article 18)
 CRC
 Evolving capacities (CRC, Article 5 and 14)
As the child becomes able to form his or her
own views and make decisions, parents
and other caretakers must exercise their
responsibilities and rights towards the
child in a manner that takes into account
this growing autonomy.
 CRC
 The responsibilities, rights and duties of
parents are: to provide direction and
guidance in the exercise by the child of his
or her human rights. (CRC, Article 5)
 The nature of parental direction and
guidance is not unlimited; It must be
“appropriate” and consistent with the
“evolving capacities” of the child and the
CRC itself
 CRC
 The rights of the parents shall be curtailed
in cases of maltreatment and abuse.
 The Rights of Every Child
 To be born, to have name and nationality

 To have a family who will love and care

for them

 To live in a peaceful community and a

wholesome environment
 The Rights of Every Child
 To have adequate food and a healthy and
active body

 To obtain good education and develop my

potential

 To be given opportunities for play and

liesure
 The Rights of Every Child
 To be protected against abuse,
exploitation, neglect, violence and danger

 To be defended and given assistance by

the government

 To be able to express their own views