LECTURE ON GENDER-

RELATED LAWS &

OTHER RELEVANT LAWS
• Special Protection of Children Against Child
Abuse, Exploitation and Discrimination (RA 7610)
• Anti-Trafficking in Persons Act (RA 9208)
• Anti-Child Pornography Act (RA 9775)
• Pertinent provisions of the Revised Penal Code
• Acts of Lasciviousness
• Seduction (Simple & Qualified)
• Adultery
• Concubinage
• Juvenile Justice & Welfare Act (RA 9344)

LAWS TO BE DISCUSSED:
RELEVANT LAWS ON CHILD ABUSE,
CHILD PORNOGRAPHY AND
COMMERCIAL EXPLOITATION

RA 7610, RA 9208, RA 9775 and

pertinent provisions of the Revised
Penal Code
REPUBLIC ACT NO. 7610
Special Protection of Children Against Child
Abuse, Exploitation and Discrimination
• Children - persons below 18 years of age or
those over but are unable to to fully take
care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition.

Children, defined
• CHILD ABUSE -Refers to maltreatment, whether
habitual or not, of the child which includes any of
the following:

• Psychological and physical abuse, neglect, cruelty,

sexual abuse and emotional maltreatment;

• Any act by deeds or words which debases, degrades

or demeans the intrinsic worth and dignity of a child
as a human being;

• 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

Child Abuse, defined

• 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 as defined
herein;

Cruelty, defined
• Includes but is not limited to
lacerations, fractured bones, burns,
internal injuries

Physical Injury, defined

• Harm to a child’s psychological or
intellectual/functioning which may be
exhibited by severe anxiety, depression,
withdrawal or outward aggressive
behavior or a combination of said
behavior,

• May be demonstrated by a change in

behavior, emotional response or
cognition;

Psychological Injury,
defined
• Failure to provide, for reasons other than
poverty, adequate food, clothing, shelter,
basic education or medical care (to seriously
endanger the physical, mental, social and
emotional growth and development of the
child);

Neglect, defined
• Includes the employment, use, persuasion,
inducement, enticement or coercion of a child
to engage in, or assist another person to
engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution or
incest with children;

Sexual Abuse, defined

Intentional touching with malice or lust, either
directly or through clothing, of the genitalia,
anus, groin, breast, inner thigh, or buttocks or
any part of the body

Lascivious Conduct,
defined
 Hiring, employment, persuasion, inducement or
coercion of a child to perform in obscene exhibition
and indecent shows, whether live or in video or film, or
to pose or act as a model in obscene publication or
pornographic materials, or to sell or distribute said
materials;

* Hiring and employment for purposes of

prostitution now punishable under R.A. 9208
(Anti-Trafficking in Persons Act of 2003)

Exploitation, defined
• Child prostitution and other sexual abuse
• Attempt to commit child prostitution
• Child trafficking
• Attempt to commit child trafficking
• Engagement of children in obscene
publications and indecent shows
• Other acts of neglect, abuse, cruelty or
exploitation and other conditions
prejudicial to the child’s development
• Employment of children

Offenses Against Children

under RA 7610
Who are deemed to be children exploited
in prostitution and other sexual abuse?
Children, whether male or female,
Who for money, profit, or other
consideration or due to coercion or
influence of adult, syndicate or group
Indulge in sexual intercourse or lascivious
conduct

Child Prostitution and Other Sexual

Abuse
 Those who engage in, or promote, facilitate
or induce child prostitution which includes,
but are not limited to, the following:
 acting as a procurer of a child prostitute
 inducing a person to be a client of a child
prostitute
 taking advantage of influence or relationship to
procure a child as a prostitute
 threatening or using violence towards a child to
engage him as a prostitute
 giving monetary consideration/pecuniary benefit

Who may be liable?

 Those who commit the act of sexual intercourse
or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse.

 Those who derive profit or advantage therefrom -

as manager or owner of the establishment where
the prostitution takes place/establishment serving
as cover or which engages in prostitution other
than activity it was licensed for.

Who may be liable?

• A, owner of a beerhouse, contracted B, a
middleman, to get C, a child prostitute. D
engaged the services of C, had sex with her
and then paid both B and C.

• What are the crime/s committed by A, B, C

and D?
 Any person, not being a relative of a child, is
found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishment,
vessel, vehicle or any other hidden or secluded
area which would lead a reasonable person to
believe that the child is about to be exploited in
prostitution and other sexual abuse.

 Any person, receiving services from a child in a

sauna parlor or bath, massage clinic, health club
and other similar establishments.

Attempt to Commit Child

Prostitution
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.

Child Trafficking; who shall be

liable?
• Allowing a child to travel alone to a foreign
country without valid reason therefor and
without clearance from the DSWD or written
permit or justification from the child’s parents
or legal guardian;

• The person, agency, establishment or child-

caring institution who/which recruits women
or couples to bear children for the purpose of
child trafficking;

Attempt to Commit
Child Trafficking; who shall be
liable?
• The doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar
or any other person simulates birth for
purposes of child trafficking;

• Person engaging in the act of finding children

among low-income families, hospitals clinics,
nurseries, day-care centers or other child-
care institutions who can be offered for the
purpose of child trafficking

Attempt to Commit
Child Trafficking; who shall be
liable?
• Any ascendant, guardian, or person entrusted
in any capacity with care of a child who shall
cause and/or allow such child to be employed
or to participate in an obscene play, scene,
act, movie or show

Obscene Publications and

Indecent Shows; who shall be
liable?
 Any 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

Other Acts of Abuse; who shall

be liable?
 Any person who shall keep or have in his company
a minor, twelve (12) years or under or who is ten
(10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places.

 Exception: Person related within the fourth degree

of consanguinity or affinity or any bond recognized
by law, local customs and tradition or acts in the
performance of a social, moral or legal duty.

Other Acts of Abuse; who shall be

liable?
 Any person, owner, manager or one trusted with
the operation of any public or private place of
accommodation, whether for occupancy, food,
drink, or otherwise, including residential places,
who allows any person to take along with him
such place or places any minor herein
described.

Other Acts of Abuse; who shall

be liable?
• Children at least 15 years of age shall not be
employed, except:

• 1. Child works directly under the sole

responsibility of his/her parents or legal guardian
and where only members of his/her family is
employed; provided that his/her employment
neither endangers his/her life, safety, health and
morals, nor impairs his/her normal development;
provided further that the parent or legal guardian
shall provide the minor child with prescribed
primary and/or secondary education;

Employment of children
• 2. Child’s employment or participation in
public entertainment or information through
cinema, theater, radio or television is
essential; provided that employment contract
is conducted by the child’s parents or legal
guardian, with the express agreement of the
child concerned, if possible, and the approval
of the DOLE; provided further that the
following requirements are complied with:

Employment of children
• 1. Employer shall ensure the protection,
health, safety, morals and normal
development of the child;
• 2. Employer shall institute measures to
prevent the child’s exploitation or
discrimination taking into account the system
and level of remuneration and duration and
arrangement of working time;
• 3. Employment shall formulate and
implement, subject to the approval and
supervision of competent authorities a
continuing program for training and skills
acquisition of the child;

Employment of children
• No child below 15 shall be employed, except:

• 1. When a child works directly under the sole

responsibility of his parents or legal guardian
and when only members of the employer’s
family are employed, provided that;

• child’s life, safety, health and morals and his

normal development is not endangered
• child shall be provided with primary and/or
secondary education

Employment of children
• 2. When a child’s employment or participation in
public & entertainment or information through
cinema, theater, radio or television is essential
provided that:
• employment contract is concluded by child’s parent
or guardian with express agreement of child and
approval of DOLE;
• child’s health, safety and morals are protected
• measures shall be employed to prevent child
exploitation or discrimination
• a continuing program shall be implemented, with
the approval and supervision of competent
authorities, for training and skill acquisition of the
child
• commercials or advertisements promoting alcohoic
beverages, intoxicating drinks, tobacco and violence
shall no be involved

Employment of children
Age Provision
Below 15 years of age May be allowed to work for not
more that 20 hours a week,
provided that work shall not
be more than 4 hours any
given day

Not allowed to work between

8:00PM and 6:00 AM of the
following day
15 years of age but below 18 Not allowed to work form
more than 8 hours a day and
in no case beyond 40 hours a
week

Not allowed to work between

10;00PM and 6:00 AM the
following day
HOURS OF WORK OF A WORKING CHILD
 Who may file a complaint?

 Offended Party
 Parents or Guardians
 Ascendant or collateral relative within 3rd degree of
consanguinity
 Officer, social worker or representative of a licensed
child-caring institution
 Officer or social worker of the DSWD
 Barangay Chairman, or
 Three (3) concerned, responsible citizens where the
offense was committed

Remedial Procedures
Sexual Abuse in RA Rape Sexual Abuse in VAWC
7610
Victim is always a child Victim may or may not Victim may or may not
be a child be a child

Perpetrator may or may Perpetrator may or may Perpetrator may or may

not be a woman not be a woman not be a woman

Sex may or may not be Sex is consummated Sex may or may not be
consummated consummated

Relationship may or may Relationship may or may Relationship must be

not be present not be present present
Child Abuse in RA 7610 Child Abuse in VAWC
Relationship is not required Relationship is required

Victim is always a child Victim may be a common child, child

of the woman or child under her care

Perpetrator may be a man or a woman Perpetrator may be a man or a woman

Sex may or may not be consummated Sex may or may not be consummated
If child is more than 18, must be No restrictions as to age as long as
demented or with disability to be relationship is present
covered by the law
For lack/insufficient support, any For lack/insufficient support, only the
parent shall be liable father shall be liable
REPUBLIC ACT NO.
9208

“Anti-Trafficking in Persons
Act of 2003"
  Refers to the:
a) recruitment,
b) transportation,
c) transfer, or
d) harboring, or
e) receipt of persons

 with or without the victims consent

- or
knowledge,
 within or across national borders

Trafficking in Persons, defined

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

Trafficking in Persons, defined

  For the purpose of exploitation which includes at the
minimum:
a) exploitation or prostitution
b) other forms of sexual exploitation
c) forced labor or services, slavery, servitude or
d) removal or sale of organs

 If the victim is a child, the recruitment,

transportation, transfer, harboring or receipt shall be
considered “trafficking in persons” even if it does
not involve any of the means set forth in the
preceding paragraph

Trafficking in Persons,
defined
• Same with the definition of child under RA
7610

Child, defined
• It 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

Prostitution, defined
• It refers 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

Forced Labor and Slavery,

defined
• It 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, fraud or through abuse of
a victim’s vulnerability

Sexual Exploitation, defined

 • To recruit, transport, transfer, harbor,
provide, or receive a person by any means,
including those done under the pretext of
domestic or overseas employment or training
or apprenticeship, for the purpose of
prostitution, etc…

Acts of Trafficking in Persons (1)

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

Acts of Trafficking in Persons (2)

• To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, etc…

Acts of Trafficking in Persons (3)

 To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation;

 To maintain or hire a person to engage in

prostitution or pornography;

Acts of Trafficking in Persons (4)

• To adopt or facilitate the adoption of persons
for the purpose of prostitution, etc…

• To recruit, hire, adopt, transport or abduct a

person, by means of threat or use of force,
fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or
sale of organs of said person

Acts of Trafficking in Persons (5)

• To recruit, transport or adopt a child to
engage in armed activities in the Philippines
or abroad

Acts of Trafficking in Persons (6)

• Domestic/Overseas Employment but for purposes of
trafficking
• Marriage to a foreign national but for purposes of
trafficking
• Marriage to a Filipino national but for purposes of
trafficking
• Tours and Travel Plans & Packages but for purposes of
trafficking
• Maintenance of persons for prostitution & pornography
• Adoption for purposes of trafficking
• Recruitment of persons for purposes of removal or sale
of organs
• Recruitment of children to engage in armed activities

Acts of Trafficking in Persons,

summary & shortcuts
 To knowingly lease or sublease, use or allow
to be used any house, building or
establishment for the purpose of promoting
trafficking in persons

Acts that Promote

Trafficking in Persons (1)
• To produce, print and issue or distribute un-
issued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency which
issues these certificates and stickers as proof
of compliance with government regulatory
and pre-departure requirements for the
purpose of promoting trafficking

Acts that Promote

Trafficking in Persons (2)
• To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or distribution
by any means, including the use of information
technology and the internet, or any brochure,
flyer, or any propaganda material that promotes
trafficking

Acts that Promote Trafficking

in Persons (3)
• To assist in the conduct of misrepresentation
or fraud for purposes of facilitation the
acquisition of clearances and necessary exit
document from government agencies
mandated to provide pre-departure
registration and services for the purpose of
promoting trafficking

Acts that Promote

Trafficking in Persons (4)
• To facilitate, assist or help in the exit and
entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in
possession of un-issued, tampered or
fraudulent travel documents for the purpose
of promoting trafficking in persons

Acts that Promote

Trafficking in Persons (5)
• To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies

Acts that Promote

Trafficking in Persons (6)
 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

Acts that Promote

Trafficking in Persons (7)
• Knowing lease/sublease/use/allow to be used any
establishment for purposes of trafficking
• Production of fake documents, certificates and stickers
for pre-departure requirements
• Advertising and distributing any material which
promotes trafficking
• Assist in the acquisition of fake documents, certificates
and certificates for pre-departure requirements
• Assist or help the entry and exit of persons in
possession of the fake travel documents
• Concealment or destruction of travel documents of
trafficked persons in furtherance of trafficking
• Knowingly benefit from forced labor, involuntary
servitude or slavery

Acts that Promote Trafficking in

Persons; summary & shortcuts
• When the trafficked person is a child

• 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, etc..

Qualified Trafficking in
Persons
• When the crime is committed by a syndicate,
or in large scale.

• Trafficking is deemed committed by a

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

Qualified Trafficking in
Persons (2)
 When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person or when
the offense is committed by a public officer or
employee

Qualified Trafficking in
Persons (3)
• When the trafficked person is recruited to
engage in prostitution with any member of
the military or law enforcement agencies

• When the offender is a member of the

military or law enforcement agencies

Qualified Trafficking in
Persons (4)
 When by reason or on occasion of the act of
trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is
afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).

Qualified Trafficking in
Persons (5)
• Trafficked person is a child
• Syndicated or large scale trafficking
• Offender is a relative of the trafficked person or is
a public officer
• Trafficked person is to engage in prostitution with
military members
• Offender is a military member or member of the
law enforcement agencies
• Trafficked person dies, becomes insane, suffers
mutilation or gets afflicted with HIV/AIDS

Qualified Trafficking in
Persons; summary & shortcuts
• Acts of Trafficking – imprisonment of twenty
(20) years and a fine of not less than One
million Pesos but not more than Two million
pesos

Penalties (1)
• Acts that promote trafficking – imprisonment
of fifteen (15) years and a fine of not less
than Five hundred thousand pesos but not
more than One million pesos

Penalties (2)
• Qualified trafficking – life imprisonment and a
fine of not less than Two million pesos but
not more than Five million pesos

Penalties (3)
• 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).

Use of Trafficked Persons

• At any stage of the investigation, prosecution and
trial of an offense under the Act, law enforcement
officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the
trafficked person and the accused.

• The name and personal circumstances of the

trafficked person or of the accused, or any other
information tending to establish their identities
shall not be disclosed to the public

Confidentiality
• In cases when the prosecution or trial is conducted
behind closed doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television
and radio, producer and director of a film in case of the
movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity of
any case of trafficking in persons.

• Penalty: imprisonment of six (6) years and a fine of

not less than Five hundred pesos but not more than
One million Pesos

Confidentiality
• Any person who has personal knowledge of
the commission of any offense under this Act
• The Trafficked person
• The parents
• Spouse
• Siblings
• Children
• Legal Guardian

Who can file a complaint?

Where the offense was committed,
Where any of its elements occurred, or
Where the trafficked person actually
resides at the time of the commission
of the offense

Where to file?
Trafficking cases under this Act shall prescribe
in ten (10) years.

Exception: When committed by a syndicate or

in a large scale, they prescribe in twenty (20)
years.

Prescriptive period
• 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
or in obedience to the order made by the
trafficker in relation thereto.

• Note: The consent of a trafficked person to

the intended exploitation shall be irrelevant.

Legal Protection to
Trafficked Persons
Trafficking in RA 7610 Trafficking in RA 9208
Victims are always children Victims may or may not be children
Covers trading or dealing with Covers recruitment, transfer, transport,
children harboring and receipt of trafficked
persons
Punishes Attempt to Commit Child Punishes Acts to Promote, Use and
Trafficking Qualified Trafficking

Public crime Public crime

Filed only in the place where the May be filed in the place where the
incident happened incident happened, where any of its
elements occurred and where the
victim resides at the time of the
commission of the offense
Prostitution in RA 7610 Prostitution in RA 9208
Punishes acts of prostitution Punishes acts of trafficking for
prostitution

Punishes attempt to commit Punishes acts of trafficking for

prostitution prostitution

Victim is always a child Victim may or may not be a child

REPUBLIC ACT NO.
9775

“Anti-Child Pornography Act of 2009”

• Child - refers to a person below eighteen (18) years of age
or over, but is unable to fully take care of himself/herself
from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:

• (1) a person regardless of age who is presented, depicted or

portrayed as a child as defined herein; and

• (2) computer-generated, digitally or manually crafted

images or graphics of a person who is represented or who is
made to appear to be a child as defined herein.

Child, definitions
• Refers to any representation, whether
visual, audio, or written combination
thereof, by electronic, mechanical,
digital, optical, magnetic or any other
means, of child engaged or involved in
real or simulated explicit sexual
activities

Child Pornography, defined

• Means and methods by which child pornography
is carried out:
• As to form:
• Visual depiction – consists of images of children,
digital image, computer image, computer-generated
image in an explicit sexual activity; includes:
• undeveloped films and videotapes
• data and/or images stored in a computed disk or by
electronic means
• photograph, film, video, picture , digital image,
computer image
• drawings, cartoons, sculptures, paintings
• other analogous visual depiction

Child Pornographic
Materials, defined
• Audio representation of a child or person
depicted as being a child, engaged in or
depicted as engaged in explicit sexual activity
or any audio representation that advocates,
encourages or counsels sexual activity with
children;

Child Pornographic
Materials, defined
• Written text or material that advocates or
counsels explicit sexual activity with a child
and whose dominant characteristic is the
description, for a sexual purpose, of an
explicit sexual activity with a child;

Child Pornographic
Materials, defined
• As to content:
• Includes the representation of a person who is,
appears to be, or is represented as being a
child for a sexual purpose, of:
• The sexual organ or the anal region or a
representation thereof;
• The breasts or a representation of the breasts, of
a female person

Child Pornographic
Materials, defined
Includes actual or simulated -
(1)As to form:
(i) sexual intercourse or lascivious act including,
but not limited to, contact involving genital to genital,
oral to genital, anal to genital, or oral to anal,
whether between persons of the same or opposite
sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks,
breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious
acts

Explicit Sexual Activity, defined

(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;

(b) To produce, direct, manufacture or create any

form of child pornography;

(c) To publish offer, transmit, sell, distribute,

broadcast, advertise, promote, export or import
any form of child pornography;

Unlawful or Prohibited Acts

(d) To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast
• possession of three (3) or more articles of child pornography
of the same form shall be prima facie evidence of the intent
to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue

for the commission of prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication

companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;

Unlawful or Prohibited Acts

(g) For a parent, legal guardian or person having
custody or control of a child to knowingly permit
the child to engage, participate or assist in any
form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child

pornography;

Unlawful or Prohibited Acts

(j) To willfully access any form of child
pornography;

(k) To conspire to commit any of the prohibited acts

stated in this section. Conspiracy to commit any
form of child pornography shall be committed when
two (2) or more persons come to an agreement
concerning the commission of any of the said
prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Unlawful or Prohibited Acts

• committed if crime is carried out by a group
of three (3) or more persons conspiring or
confederating with one another;

Syndicated Child Pornography

• Violations of:
• Section 5 (Syndicated) – reclusion perpetua
and fine of Php2M to Php5M
• Section 4 (a), (b) & (c) – reclusion temporal
max and fine of Php1M to Php2M
• Section 4 (d), (e) & (f) – reclusion temporal
medium and fine of Php750K to Php1M
• Section 4 (g) - reclusion temporal min and fine
of Php500K to Php750k
• Section 4 (h) – prision mayor max and fine of
Php300k to Php500k

Penalties
 • Section 4(i) – prision mayor medium and fine
of Php300k to Php500l
• Section 4 (j) – prision correccional max and
fine of Php200k to Php300k
• Section 4 (k) - prision correccional medium and
fine of Php100k to Php250k
• Section 4 (l) – arresto mayor min and fine of
Php50k to Php100k

Penalties
• LGUs and concerned government agencies
shall make available the following:
• Emergency shelter of appropriate housing;
• Counseling
• Free legal services
• Medical or psychological services
• Livelihood and skills training
• Educational assistance

Mandatory Services to
Victims of Child Pornography
• Secretary of DSWD as chairperson of the
Inter-Agency Council against Child
Pornography

• Establishment of the necessary Secretariat

for the Council

Duty of the DSWD in the

Inter-Agency Council
• A paid B, a child, to engage into pornography. C
was the director of the material. D sold four films
involving B to E. E accessed the same the day he
bought it. F, B’s parent was paid by G, the
producer. H owned the place of the shoot. A, C, F,
G & H acted together.

• What are the crimes committed by A, B, C, D, E,

F, G and H?

• What is/are the penalties of each?

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the

third degree of consanguinity;

(d) Officer, social worker or representative of a

licensed child-caring institution;

Who may file a

Complaint?
(e) Officer or social worker of the Department of Social
Welfare and Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i) At least three (3) concerned responsible citizens residing in

the place where the violation occurred; or

(j) Any person who has personal knowledge of the

circumstances of the commission of any offense under this
Act.

Who may file a Complaint?

Obscene Publications &
Indecent Shows (RA 7610) RA 9775
• Covers obscene plays, • Covers visual and audio
scene, movie or show depiction of sexual activity,
i.e., digital, electronic,
• Punishes the ascendant, magnetic, etc
guardian & person who has
custody • Punishes any person who
commits the unlawful acts
• Victim is always a child
• Victim is always a child
 BREAK!

MINI-WORKSHOP D
CHILD ABUSE AND CHILD TRAFFICKING
FACTS & MYTHS

ASSESS THE SCENARIOS PROVIDED AND

RESPOND IN THE FOLLOWING MANNER:

“PAK NA PAK” – FACT

“GANERN NA GANERN” -MYTH

Pertinent Provisions
of the Revised Penal
Code
• the act of making physical contact with the body of another
person for the purpose of obtaining sexual gratification other
than, or without intention of, sexual intercourse

• The contact may be by the body of the accused such as by the

lips, hands, foot; or by means of any object or instrument. In
either case there must be no form of insertion into the anus,
mouth or sex organ amounting to rape through sexual abuse.

• It is distinguished from Attempted Rape in that there is no intent

to have sexual intercourse with the victim. The intent may be
inferred from the circumstances of time, place, and occasion, or
inferred from the nature of the act itself.

• It is distinguished from Unjust Vexation in that there is no lewd

design in unjust vexation

Acts of Lasciviousness
(Art. 336)
 Acts of lasciviousness (Art. 336)
• offender commits any act of lasciviousness or
lewdness
• committed against a person of either sex
• using force or intimidation; offended party is
deprived of reason or otherwise unconscious;
• by means of fraudulent machination or grave abuse
of authority
• offended party is below twelve (amended by RA
7610) or is demented

• Crime is unjust vexation in the absence of any of

the above-mentioned circumstances (circumstances
of rape)

Acts of Lasciviousness
Acts of Lasciviousness Attempted Rape
• No intent to have sexual • Acts performed clearly
intercourse indicate that the purpose
was to lie with the offended
party

• Lascivious acts are the final • Lascivious acts are but the
objective sought by the preparatory acts for the
offender commission of rape

Acts of Lasciviousness vs
Attempted Rape
• Obscene, lustful, indecent;

• Presence or absence of lewd designs is

inferred from the nature of the acts or the
circumstances;

Lewd, defined
Acts of Lasciviousness Unjust Vexation
• Presence of Lewd • Absence of Lewd
Designs Designs

• Acts may or may • Acts shall cause

not cause annoyance, vexation
annoyance, vexation or irritation
or irritation

Acts of Lasciviousness vs
Unjust Vexation
• A touched B’s breasts in a jeepney full of
passengers during broad daylight. Thereafter,
A ran as he already achieved his purpose.

• What is the crime?

• A touched B’s breasts in a dark alley during
midnight. Thereafter, A forcibly removed her
underpants, while removing his own prior to
inserting his penis. At that point, he was
accosted by C, a policeman.

• What is the crime?

• A touched B’s breasts in a dark alley during
midnight. Thereafter, A forcibly removed her
underpants, while removing his own prior to
inserting his penis. He was able to insert the
genitalia of B, although very slight. At that
point, he was accosted by C, a policeman.

• What is the crime?

• A touched B’s upper chest repeatedly.
Thereafter, A touched B’s nape, played with
her hair and ears. B got irritated and
extremely annoyed.

• What is the possible crime?

• Enticing a woman to unlawful sexual
intercourse by promise of marriage or other
means of persuasion without the use of force.

In seduction, the victim consented to the

sexual intercourse.

• Two kinds: Qualified and Simple

Seduction
• Seduction of a virgin over 12 years of age
and under 18 years of age by persons who
abuse their authority or the confidence
reposed in them;

• Seduction of a sister by her brother or

descendant by her ascendant, regardless of
age and reputation

Qualified Seduction
• The offended party is a virgin
• She must be over 12 and under 18 years old
• That the offender had sexual intercourse with
her
• That there is abuse of authority, confidence
or relationship on the part of the offender

Elements of Seduction
• Refers to a woman of chaste character or a
woman of good reputation. Virginity does not
mean physical virginity

Virgin, defined
(i). Those who abused their authority:
a. persons in authority
b. guardians
c. teachers
d. persons who are entrusted with the education or
custody of the victim
(ii). Those who abused confidence reposed in them:
a. priest or minister
b. house servants
c. domestics i.e. one living under the same roof as
the victim
(iii). Those who abused their relationship
a. brothers who seduced his sister
b. ascendant who seduced his descendant

Who shall be liable?

In simple seduction (Article 338) the seduction
was “committed by means of deceit”.

Deceit was understood to be generally in the

form of unfulfilled promise of marriage. Hence,
it would seem that if the consent to sex was by
any artifice other than by a promise of
marriage, the offense would be rape by
“fraudulent machination”.

Simple Seduction
1. The victim is a woman who must be over 12 years because if
her age is below 12 the offense is statutory rape

1. She must not be over 18 years (it is presumed that if over 18

years, she is of sufficient understanding to take care of her
virtue and chastity).
1. However even if the woman is over 18 if there was “Grave Abuse of
Authority” or “fraudulent machination” the crime would be rape.

2. While the law requires the victim to be a “virgin”, this is to be

understood as referring to a woman of chaste character
though she may not literally be virgin.

3. There must be consummated sex, committed by deceit

Elements of seduction
Rape Qualified Seduction Simple Seduction
Consummated Sex thru Consummated Sex thru Consummated Sex thru
any of the circumstances abuse of confidence, deceit
in RA 8353 authority and
relationship

Non-consensual Sex Consensual Sex Consensual Sex

Woman not required to Woman required to be a Woman required to be a
be a virgin virgin virgin

Woman may be of any Woman must not be Woman must not be

age below 12 and over 18 below 12 and over 18

Covers grave abuse Covers abuse of Does not cover abuse of

authority authority, not grave authority
Covers fraudulent Does not cover Covers deceit including a
machination, not a fraudulent machination promise to marry
promise to marry
Acts of Lasciviousness Seduction
Sex is not consummated Sex is consummated
Victim may or may not be a woman Victim is always a woman
No requirement as to age Woman must be above 12 but below
18 years of age

Force, intimidation, fraudulent Fraudulent machination in the form of

machination, grave abuse of authority promise to marriage is present; Abuse
may be present of authority need not be grave

Woman-victim not required to be a Woman-victim required to be a virgin

virgin
What is concubinage?
• Concubinage is committed by any husband who shall
keep a mistress in the conjugal dwelling, or, shall have
sexual intercourse, under scandalous circumstances,
with a woman who is not his wife, or shall cohabit with
her in any other place (Article 334 of the Revised
Penal Code or RPC).
What is adultery?
• Adultery means the carnal relation between a married
woman and a man who is not her husband, the latter
knowing her to be married, even if the marriage be
subsequently declared void (RPC, Article 333). Each
sexual intercourse constitutes a crime of adultery.

Adultery & Concubinage

What are the differences between adultery and
concubinage?
• Adultery is committed by a wife (who must also be
charged together with the other man), while concubinage
is committed by a husband (who must be charged
together with the concubine).

• Proof of sexual intercourse is enough in adultery, but in

concubinage, the prosecution must prove that the sexual
intercourse must be under scandalous circumstances, or
that the husband kept a mistress in the conjugal dwelling
or cohabited with her in any other place.

• The penalty for concubinage is lower than that of

adultery. The penalty for the concubine is only destierro,
while the penalty for the man other in adultery is the
same as that of the guilty wife.

Adultery & Concubinage

What is destierro?
• Destierro means banishment or only a prohibition from
residing within the radius of 25 kilometers from the
actual residence of the accused for a specified length
of time. It is not imprisonment.

Who can file the action for adultery or

concubinage?
• Only the offended spouse can legally file the complaint
for adultery or concubinage. The marital status must
be present at the time of filing the criminal action. In
other words, the offended spouse must still be married
to the accused spouse at the time of the filing of the
complaint.

Adultery & Concubinage

Who must be prosecuted?
• The offended party cannot institute the criminal charge
without including both guilty parties (the offending
spouse and the paramour), if both are alive.

What is the effect of consent or pardon by the

offended spouse?
• The criminal charge cannot prosper if the offended spouse
has consented to the offense or pardoned the offenders.
Pardon can be express or implied. An example of express
pardon is when the offended party in writing or in an
affidavit asserts that he or she is pardoning his or her
erring spouse and paramour for their act. There is implied
pardon when the offended party continued to live with his
spouse even after the commission of the offense.

Adultery & Concubinage

Concubinage VAWC
Always filed against the husband and May be filed against the husband
his mistress
Sexual intercourse is required Sexual intercourse is not required

Elements of concubinage must be Marital infidelity is the only act

present required

Penalty for the concubine is destierro Concubine not punished under the law

Must be filed at the time of marriage May be filed even if after the marriage

Express or implied pardon may be No express or implied pardon

done
Unjust vexation is punished under the 2nd
paragraph of Article 287 of the Revised Penal
Code that says:

“Any other coercions or unjust

vexations shall be punished by arresto
menor or a fine ranging from 5 pesos to 200
pesos, or both.

Unjust Vexation
• Includes any human conduct which although
not productive of some physical or material
harm would, however, unjustly annoy or vex
an innocent person

• Offender’s acts must have caused annoyance,

irritation, vexation, torment, distress,
disturbance to the mind of the person to
whom it is directed;

Unjust Vexation
An examination of the annals of our jurisprudence would show that Art.
287, par. 2 of the Revised Penal Code has been used to punish a great
variety of different acts:

• In People v. Reyes, 60 Phil. 369, August 23, 1934, Art. 287, par. 2 of
the Revised Penal Code was used to punish the defendants for unjust
vexation for the act of disturbing or interrupting a ceremony of a
religious character;

• In Lino v. Fugoso, 77 Phil. 983, January 30, 1947, it was used to

prosecute the accused of unjust vexation committed by stopping the
jeep driven by the complainant in a threatening attitude and without
any just cause therefor and telling him to stop driving for the City of
Manila while the strike of city laborers was still going on;

• In People v. Reyes, 98 Phil. 646, March 23, 1956, it was held that the
act of seizing, taking and holding possession of passenger jeep
belonging to complainant, without the knowledge and consent of the
latter, for the purpose of answering for the debt of the said owner,
constitutes unjust vexation;

Unjust Vexation
• In People v. Yanga, 100 Phil. 385, November 28, 1956, accused
was convicted of unjust vexation for the act of compelling the
complainant to do something against his will, by holding the
latter around the neck and dragging him from the latter’s
residence to the police outpost;

• In People v. Abuy, G.R. No. L-17616, May 30, 1962, the accused
was prosecuted for unjust vexation for the act of embracing and
taking hold of the wrist of the complainant;

• In People v. Carreon, G.R. No. L-17920, May 30, 1962, accused

was convicted of unjust vexation for the act of threatening the
complainant by holding and pushing his shoulder and uttering to
the latter in a threatening tone the following words: “What
inspection did you make to my sister in the mountain when you
are not connected with the Bureau of Education?”;

Unjust Vexation
• In People v. Gilo, G.R. No. L-18202, April 30, 1964, the
Court held that the absence of an allegation of “lewd
design” in a complaint for acts of lasciviousness converts
the act into unjust vexation;
• Kwan v. Court of Appeals, G.R. No. 113006, November
23, 2000, the act of abruptly cutting off the electric, water
pipe and telephone lines of a business establishment
causing interruption of its business operations during
peak hours was held as unjust vexation.

Unjust Vexation
JUVENILE JUSTICE
& WELFARE ACT
RA 9344
REPUBLIC ACT NO.
9344
Juvenile Justice and Welfare Act
• Refers to a person under eighteen (18) years
of age

• Children over 18, demented or with

incapacity, not covered

Child, defined
• Refers to a child who is vulnerable to and at
the risk of committing criminal offenses
because of personal, family or social
circumstances

Child at risk, defined

• refers to a child who is alleged as, accused
of, or adjudged as, having committed an
offense under Philippine Laws

Child in conflict with the

law
Age Criminal Civil Liability Procedure
Liability
15 years of age or Exempt Subjected to civil Subjected to
under at the time liability intervention
of the commission programs
of the offense
Above 15 years of Exempt Subjected to civil Subjected to
age but below 18 liability diversion
years of age programs
without
discernment
Above 15 years of Subject to Subjected to civil Subjected to
age but below 18 criminal liability liability diversion
years of age with but shall undergo programs
discernment diversion program

At least 18 years Subject to Subjected to civil n/a

of age criminal liability liability
• Children 15 years of age or under at the time of the
commission of the offense – shall be exempt from
criminal liability. However, the child shall be subjected to
an intervention program

• Children

ASCERTAINMENT OF CRIMINAL
LIABILITY BASED ON AGE AND
DISCERNMENT
• Mental capacity to understand the difference between
right or wrong and its consequences

DISCERNMENT
• Children in conflict with law shall undergo
diversion programs without undergoing court
proceedings, subject to the following:

• 1. If imposable penalty is not more than six (6)

years, the law enforcement officer or Punong
Barangay with the assistance of the C/MSWDO
shall conduct mediation, family conferencing and
conciliation, where appropriate, adopt indigenous
mode of conflict resolution in accordance to the
best interest of the child;

SYSTEMS OF DIVERSION
• 2. In victimless crimes where the imposable
penalty is not more than six years of
imprisonment, the C/MSWDO shall meet with
the child and his/her parents or guardians for
the development of the appropriate diversion
and rehabilitation programs;

• 3. If imposable penalty exceeds six years,

diversion measures may be resolved to only
by the court

SYSTEMS OF DIVERSION
• If the maximum imposable penalty for the
offense with which the child in conflict with
law is charged is imprisonment of not more
than twelve years, regardless of fine, and
before arraignment, the court shall determine
whether or not diversion is appropriate.

DIVERSION MEASURES
• Child under 18 years of age at the time of
commission of the offense, if found guilty, civil
liability shall be determined and ascertained
However, instead of pronouncing the judgment of
conviction, the court shall place the child in
conflict with law under suspended sentence,
without need of application.

• Suspension of sentence shall still be applied even

if the juvenile is already 18 or more at the time of
pronouncement of his/her guilt.

SUSPENSION OF SENTENCE
• Upon the recommendation of the social
worker who has custody of the child, the
court shall dismiss the case against the child
whose sentence has been suspended and
against whom disposition measures have
been issued and shall order the final
discharge of the child, if it finds that the
objective of the disposition measures have
been fulfilled

• Discharge shall not affect the civil liability

DISCHARGE
• If the court finds that the objective of the
disposition measures have not been fulfilled
or if the child in conflict with law has willfully
failed to comply with the conditions of his/her
disposition or rehabilitation program, the
child in conflict with law shall be brought
before the court for execution of judgment

RETURN OF THE CHILD IN

CONFLICT WITH THE LAW TO
COURT
If the child in conflict with law has reached 18
years of age while under suspended sentence,
the court shall determine whether to discharge
the child, to order execution of sentence of to
or to extend the suspended sentence for a
certain specific period or until the child reached
the max age of 21 years.

RETURN OF THE CHILD IN

CONFLICT WITH THE LAW TO
COURT
END OF PRESENTATION