OVERVIEW and

HIGHLIGHTS OF
PHILIPPINE LAWS
PROTECTING
CHILDREN
By: Atty. Joan Dymphna G. Saniel
 GENERAL LAWS
• 1987 Philippine Constitution
Provisions
• P.D. 603 – The Child and Youth
Welfare Code
 PROTECTION LAWS
• R.A. 7610 – Child Protection Law
– Amended by R.A. 7658 and R.A. 9231 on
Child Labor
– Allied Laws: R.A. 8353 Anti-Rape Law,
R.A. 7877 Anti-Sexual Harassment Act,
R.A. 9208, R.A. 9262, RA 11313 Safe
Spaces, RA 11648 (raising age of
statutory rape)
– RA 11188 Special Protection of CSAC
• R.A. 9208 – Anti-Trafficking in Persons
Act as amended by RA 10364 and RA
11862
– Allied Laws: R.A. 8042 or the Migrant
Workers and Overseas Filipinos Act of 1995
as amended in 2009, R.A. 6955 or the Mail-
Order Bride Law, Art. 341 or White Slave
Trade, Revised Penal Code, R.A. 8239 or the
Philippine Passport Act of 1996, R.A. 9208,
R.A. 9775 (repealed by 11930)
• Allowing Illegitimate Children to Use
Surname of Father (R.A. 9255) –
amendment of Family Code
• Anti-Violence against Women and
Children Law (R.A. 9262)
• Juvenile Justice and Welfare Act
(R.A. 9344) as Amended by RA 10630
• Magna Carta of Women (R.A. 9710)
• Anti-Child Pornography Law (R.A.
9775) - repealed by RA 11930 Anti
OSEC and CSAEM
 RELATED LAWS
• Family Code Provisions
• Revised Penal Code Provisions
• Family Courts Act (R.A. 8369)
• Domestic Adoption Act (R.A. 8552)
• Inter-Country Adoption Act (R.A.
8043)
• Children’s TV Act (R.A. 8370)
• Barangay Level Total Development
Act (R.A. 6572)
• Early Childhood Development Law
(R.A. 8980)
• Newborn Screening Act (R.A. 9288)
• RA 11229 "Child Safety in Motor Vehicles
Act“
• RA 11596 An Act Prohibiting The Practice
Of Child Marriage And Imposing Penalties
For Violations Thereof
• RA 11767 "Foundling Recognition and
Protection Act"
• RA 11642 “Domestic Administrative Adoption
and Alternative Child Care Act”
HIGHLIGHTS OF R.A.
7610
 Definitions:
• Children
• Child Abuse
• Circumstances which gravely
threaten or endanger the
survival and normal
development of children
Penalizes the following
acts:
• Child prostitution and other sexual
abuse and attempt to commit
child prostitution
• Child Trafficking and attempt to
commit child trafficking
• Obscene Publications and
Indecent shows
• Other Acts of Abuse
 Other Acts of Child Abuse
a. Any other acts of child abuse, cruelty or
exploitation or 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. Eg. abandonment, failure to enroll the
child without justifiable grounds, causing,
abetting permitting the truancy of a child,
permits the child to possess , handle or carry a
deadly weapon, allows or requires the child to
drive without license.
Other Acts of Child Abuse
(2)
b. To 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
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.
Other Acts of Child Abuse
(3)
c. To 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
Other Acts of Child Abuse
(4)
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.
Other Acts of Child Abuse
(5)
e. To use, coerce, force, or intimidate a street
child or any other child to:

1. Beg use 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

 Provisions on Children in
Need of Special Protection
• Working Children (amended by R.A.
7658 and R.A. 9231)
• Children of Indigenous
Cultural Communities
• Children in Situations of
Armed Conflict
 Other Provisions
• Comprehensive Program on Child
Abuse, Exploitation and
Discrimination
• Protective Custody
• Who may file Complaint
• Confidentiality
Salient Features of
Anti-Trafficking in
Persons Act (R.A.
9208 as amended by
RA 10364)
 IMPORTANT ELEMENTS

ACTS MEANS EXPLOITATIVE PURPOSE

▪ RECRUITMENT • THREAT • SEXUAL EXPLOITATION
▪ OBTAINING • USE OF FORCEOR OTHER • PROSTITUTION OF
▪ HIRING FORMS OF COERCION OTHERS,
▪ PROVIDING • ABDUCTION, • ENGAGEMENT OF
▪ OFFERING • FRAUD OTHERS FOR THE
▪ TRANSPORTATION • DECEPTION PRODUCTION OR
▪ TRANSFER • ABUSE OF POWER OR OF DISTRIBUTION, OR
▪ MAINTAINING POSITION, BOTH, OF MATERIALS
▪ HARBORING OR • TAKING ADVANTAGE OF THAT DEPICT CHILD
▪ RECEIPT OF PERSONS THE VULNERABILITY OF ABUSE OR
THE PERSON, EXPLOITATION,
• THE GIVING OR • LABOR EXPLOITATION
RECEIVING OF PAYMENTS • FORCED LABOR OR
OR BENEFITS TO ACHIEVE SERVICES,
THE CONSENT OF A • SLAVERY
PERSON HAVING • SERVITUDE, OR
CONTROL OVER • THE REMOVAL OR
ANOTHER PERSON SALE OF ORGANS.
 NOTE:
• with or without the victim’s consent or knowledge
• within or across national borders
• Where victim is a child and the act is induced by
any form of consideration for exploitative
purpose: the means employed is irrelevant
 Acts Punishable under
ATIP Law
• Acts of Trafficking in Persons
• Acts that Promote Trafficking in
Persons
• Qualified Trafficking in Persons
• Use of Trafficked Persons
• Attempted TIP
• Violation of Confidentiality
Others persons who are
liable
• Accomplice
• Accessory
 Other Provisions
• Programs that Address Trafficking in
Persons by the Different Agencies
• Protection and Services to
Trafficked Persons
• Creation of Inter-Agency Council
Against Trafficking
• Confidentiality
Anti-Violence Against
Women and Their
Children Act (R.A.
9262)
 DEFINITION OF
TERMS
• Violence against women and their children
(VAWC)
– any act or a series of acts
– committed by any person
• against a woman who is
– his wife
– former wife
– with whom the person has or had a sexual or dating
relationship, or
– with whom he has a common child, or
• against her child whether legitimate or illegitimate,
within or without the family abode
 DEFINITION OF
TERMS
– Which result or is likely to result in
• physical,
• sexual,
• psychological harm or suffering, or
• economic abuse
– including
• threats of such acts,
• battery,
• assault,
• coercion,
• harassment or
• arbitrary deprivation of liberty
 DEFINITION OF
TERMS
• VAWC includes but not limited to:
– Physical violence
– Sexual violence
– Psychological violence
– Economic abuse
ACTS OF VAWC (Section
5)
a) Causing physical harm to the woman or her
child
b) Threatening to cause the woman or her child
physical harm
c) Attempting to cause the woman or her child
physical harm
d) Placing the woman or her child in fear of
imminent physical harm
 ACTS OF VAWC
e) Attempting to compel or compelling the
woman or her child
• to engage in conduct which the woman or her child
has the right to desist from or
• to desist from conduct which the woman or her
child has the right to engage in, or
Attempting to restrict or restricting the
woman’s or her child’s freedom of movement
or conduct by
• Force or threat of force, physical or other harm or
• Threat of physical or other harm, or
• Intimidation directed against any woman or her
child
 ACTS OF VAWC
f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions
g) Causing or attempting to cause the woman or
her child to engage in sexual activity which
does not constitute rape, by force or threat
of force, physical harm, or through
intimidation directed against the woman or
her child or his/her immediate family
h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her
child
 ACTS OF VAWC
i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor children
or denial of access to the woman’s children
 PROTECTION ORDERS
• An order issued under the Act for the
purpose of preventing further acts of
violence against a woman or her child
• The relief granted under a protection
order should serve the purpose of
– safeguarding the victim from further harm,
– Minimizing any disruption of the victim’s daily
life, and
– Facilitating the opportunity and ability of the
victim to independently regain control of her
life
 PROTECTION ORDERS
• Provisions shall be enforced by law
enforcement agencies
• Protection orders may be
– Barangay protection order (BPO)
– Temporary protection order (TPO)
– Permanent protection order (PPO)
 OTHER PROVISIONS
• Confidentiality
• Role of Different Agencies
Highlights of the
Juvenile Justice
and Welfare Act
(R.A. 9344 as
amended by RA
10630)
 Basic Principles
• Based on the principle of restorative
justice
• Complies with international standards:
– UNCRC
– Beijing Rule on Prevention of Juvenile
Delinquency
– Riyadh Guidelines on the Administration of
Justice
– Juveniles Deprived of their Liberty Rules
 Basic Principles
• Best interest of the child
• Detention should be the last resort
• Separate detention of minors from adults
 Coverage
• Covers Prevention stage up to
Rehabilitation and Integration of CICL
to the community

• Provisions on Diversion at the barangay,

police, prosecutor and court levels
 Age of Criminal Liability
• Raises the age of criminal liability to
above 15 years old. Children below 15
years old are exempt from criminal
liability. Children above 15 but below 18
are exempt unless acting with
discernment
 Procedures
• Provides procedures for CICL from
taking into custody, initial investigation
at the police/ barangay level to filing
the case with the prosecutor’s office
until the filing of the case in court
• After sentence is suspended, provides
for more disposition measures such as
community based rehabilitation,
counselling, etc. without going to the
RRCY
 PROCEDURE
Taking of CICL into
Custody LSWD
Assistance to
CICL
Initial Investigation by
the Tanod/Police Suspension of
Sentence and Probation,
If diversion where
Disposition
succeeds allowed
Diversion (bgy/police/prosec) No case filed Measures

If no diversion or diversion
fails
Preliminary Release on Recognizance,
Investigation Bail or Detention

Filing of Case in Court Diversion, where allowed Service of Sentence

Arraignment Pre-trial Trial Promulgation of Judgment

 Structures

• Establishes/provides the following

structures:
– Juvenile Justice and Welfare Council
– Strengthens LCPCs from barangay to
provincial level - 1% of IRA goes to BCPC
Exempting provisions and
prohibited acts
• Exempting Provisions for status
offenses, vagrancy and prostitution,
mendicancy, rugby sniffing but shall
undergo appropriate counseling and
treatment
• Provides prohibited acts against CICL
with penalties
 Comprehensive Program
• Comprehensive Juvenile Intervention
Program covering 3-yr period shall be
instituted in the LGUs
• LGUs shall set aside amount necessary
to implement the program
• Participation of all sectors in the
formulation of the program
• Community based programs to consist of
three levels: primary, secondary and
tertiary prevention
 Diversion
• An alternative, child-appropriate
process of determining the
responsibility and treatment of a
child in conflict with the law on
the basis of his/her social,
cultural, economic, psychological
or educational background
without resorting to formal court
proceedings.
 When can there be
diversion?
• If the penalty for offense committed is
not more than 6 years imprisonment
• For victimless crimes where imposable
penalty is not more than 6 years
imprisonment
• If the penalty for offense committed is
more than 6 years imprisonment, diversion
measures may only be done by the court
 Stages where diversion
can be conducted
• Katarungang Pambarangay – punong
barangay with the assistance of
LSWDO or other members of LCPC
(child and his/her family shall be
present)
• Police Investigation
• Inquest of Preliminary Investigation
When will Diversion not
proceed?
• when the CICL does not qualify for
diversion (i.e., more than 6 yrs
imprisonment)
• when the child, his/her parents/guardian
does not consent
• when considering the assessment and
recommendation of the social worker, the
prosecutor determines that diversion is
not appropriate for the CICL
 Prohibited Acts
• Labeling and Shaming
• Employment of threats of
whatever kind and nature
• Employment of abusive, coercive
and punitive measures
• Employment of degrading, inhuman
and cruel forms of punishment
• Compelling the child to perform
involuntary servitude in any and all
forms
 Penalties
• Fine of not less than Twenty Thousand Pesos
nor more than Fifty Thousand Pesos or
imprisonment of not less than eight years but
not more than ten years or both at the
discretion of the court, unless a higher
penalty is provided under the RPC or special
laws.
• Additional penalty of administrative liability
and perpetual absolute disqualification if
public officer or employee
RA 11188 Special Protection of
Children in Situations of Armed
Conflict
• Fully implement the protection guaranteed under
the United Nations Convention on the Rights of
the Child (UNCRC), its Optional Protocol on the
involvement of children in armed conflict
• Other core human rights treaties are also
enumerated: Covenant on Civil and Political Rights
and the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment; International Labor Organization
Convention No. 182 concerning the prohibition and
immediate action for the elimination of the worst
forms of child labor; among others.
Children in Situations of Armed
Conflict (CSAC) includes:
• Children involved in armed conflict (CIAC) refer to
children who are either forcibly, compulsorily recruited, or
who voluntarily joined a government force or any armed
group in any capacity. (combatants or non-combatants)
• Children affected by armed conflict refer to all children
population experiencing or who have experienced armed
conflict;
• Internally displaced children refer to children or group of
children, whether separated or together with their families,
who have been forced or obliged to flee or to leave their
homes or places of habitual residence, in particular, as a
result of or in order to avoid the effect of armed conflict
and situations of generalized violence;
Provides the following:

• Rights of CSAC
• Prevention programs
• Prohibited Acts and penalties
– Grave child’s rights violations (2 groups)
– Other prohibited acts
• Penalizes Non-implementation or Violation of
Any Other Provision of this Act or the Rules
and Regulations in General by public officers
Other Provisions:

• PRINCIPLES OF CRIMINAL LIABILITY AND

APPLICATION OF PENALTIES
• INVESTIGATION, PROSECUTION AND COURT
• REHABILITATION AND REINTEGRATION, RESCUE
AND RELEASE
• INVOLVEMENT OF GOVERNMENT AND
NONGOVERNMENT ORGANIZATIONS – creation of
Inter Agency Committee on Children in Situations of
Armed Conflict
• MONITORING AND REPORTING
RA 11229 "Child Safety
in Motor Vehicles Act“
• Requires the driver of a covered vehicle to
properly secure at all times a child, in a child
restraint system while the engine is running or
transporting such child on any road, street or
highway unless the child is at least one hundred
fifty (150) centimeters or fifty-nine (59) inches
in height and is properly secured using the
regular seat belt. The child restraint system
shall be appropriate to the child’s age, height
and weight, and approved accordingly.
• Vehicles covered: Public and private vehicles
exclude motorcycles and tricycles
The requirements shall not apply to circumstances
where the child restraint system would put such
child in a greater danger, such as:
(1) During medical emergencies;
(2) When the child transported has a medical or
developmental condition; or
(3) Other analogous circumstances prescribed under
the
• Children in Rear Seats. - No child twelve (12)
years and below of age shall be allowed to sit in a
front seat of a motor vehicle with a running engine
or while such child is being transported on any
road, street or highway, unless the child meets the
height requirement (at least one hundred fifty
(150) centimeters or fifty-nine (59) inches in
height) and is properly secured using the regular
seat belt in the front seat.
RA 11313 "Safe Spaces
or Bawal Bastos Act“
• An Act Defining Gender-Based Sexual
Harassment in Streets, Public Spaces,
Online, Workplaces, and Educational or
Training Institutions, Providing
Protective Measures and Prescribing
Penalties Therefor
Definitions
• Gender based sexual harassment - Any unwanted and
uninvited sexual actions or remarks against any person
regardless of the motive for committing such action
or remarks
• Examples of GBSH:
– Catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic, homophobic and sexist slurs, 
– Persistent uninvited comments or gestures on a person’s
appearance, relentless requests for personal details,
statement of sexual comments and suggestions,
– Public masturbation or flashing of private parts, groping, or
any advances, whether verbal or physical
– That is unwanted and has threatened one’s sense of personal
space and physical safety 
• Public spaces refer to streets and alleys, public
parks, schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces
used as evacuation centers, government offices,
public utility vehicles as well as private vehicles
covered by app-based transport network services
and other recreational spaces such as, but not
limited to, cinema halls, theaters and spas
Acts Penalized

• GENDER-BASED STREETS AND PUBLIC SPACES

SEXUAL HARASSMENT
• GENDER-BASED ONLINE SEXUAL
HARASSMENT
• QUALIFIED GENDER-BASED STREETS, PUBLIC
SPACES AND ONLINE SEXUAL HARASSMENT
• GENDER-BASED SEXUAL HARASSMENT IN THE
WORKPLACE
• GENDER-BASED SEXUAL HARASSMENT IN
EDUCATION AND TRAINING INSTITUTIONS
RA 11596 Anti Child
Marriage
• Child marriage refers to any marriage
entered into where one or both parties are
children as and solemnized in civil or
church proceedings, or in any recognized
traditional, cultural or customary manner.
It shall include an informal union or
cohabitation outside of wedlock between
an adult and a child, or between children;
Prohibited Acts

A) Facilitation of Child Marriage. – Any person who

causes, fixes, facilitates, or arranges a child marriage
• Penalty: prision mayor in its medium period and a fine
of not less than Forty thousand pesos (P40,000.00)
If perpetrator be an ascendant, parent, adoptive parent,
step parent, or guardian of the child
• Penalty: prision mayor in its maximum period, or fine
of not less than Fifty thousand pesos (P50,000.00),
and perpetual loss of parental authority: 
Prohibited Acts

• Any person who produces, prints, issues and/or

distributes fraudulent or tampered documents
such as birth certificates, affidavits of delayed
registration of birth and/or foundling
certificates for the purpose of misrepresenting
the age of a child to facilitate child marriage or
evade liability under this Act shall be liable
under this section, without prejudice to liability
under other laws: 
Prohibited Acts

B) Solemnization of Child Marriage. – Any person who

performs or officiates a child marriage

C) Cohabitation of an Adult with a Child Outside

Wedlock. – An adult partner who cohabits with a child
outside wedlock

• Penalty of prision mayor in its maximum period and a fine

of not less than Fifty thousand pesos (P50,000.00
• For a to c: If the perpetrator is a public officer,
he or she shall be dismissed from the service and
may be perpetually disqualified from holding office,
at the discretion of the courts;
• This shall be without prejudice to higher penalties
that may be imposed in the Revised Penal Code and
other special laws.
RA 11684 Stronger Protection
against Rape and Sexual Abuse
Amended the following:
• "THE REVISED PENAL CODE" – provisions on
qualified seduction and seduction
• "THE ANTI-RAPE LAW OF 1997“ – particularly
paragraph (d) on Statutory Rape
• "SPECIAL PROTECTION OF CHILDREN AGAINST
ABUSE, EXPLOITATION AND
DISCRIMINATION ACT“ – provisions on child
prostitution and other sexual abuse, other acts of
abuse, child trafficking and obscene publication and
indecent shows
Amendment of Article 266-
A – Rape
Rape is committed:
1) By a person who shall have carnal knowledge of
another person under any of the following
circumstances:
xxx
d) When the offended party is under sixteen (16)
years of age or is demented, even though none of
the circumstances mentioned above be present: .
Amended Article 266-A –
Rape (Anti-rape Law)
Provided, That there shall be no criminal liability
on the part of a person having carnal knowledge
of another person under sixteen (16) years of age
when the age difference between the parties is
not more than three (3) years, and the sexual
act in question is proven to be consensual, non-
abusive, and non-exploitative: Provided,
further, That if the victim is under thirteen (13)
years of age, this exception shall not apply.
RA 11930 Anti OSAEC
and CSAEM
• AN ACT PUNISHING ONLINE SEXUAL ABUSE
OF EXPLOITATION OF CHILDREN, PENALIZING
THE PRODUCTION, DISTRIBUTION,
POSSESSION AND ACCESS OF CHILD SEXUAL
ABUSE OR EXPLOITATION MATERIALS,
AMENDING REPUBLIC ACT NO. 9160,
OTHERWISE KNOWN AS THE “ANTI-MONEY
LAUNDERING ACT OF 2001”, AS AMENDED AND
REPEALING REPUBLIC ACT NO. 9775,
OTHERWISE KNOWN AS THE “ANTI-CHILD
PORNOGRAPHY ACT OF 2009”
What is OSAEC

• Online sexual abuse or exploitation of

children (OSAEC) refers to the use of ICT
as a means to abuse and/or exploit children
sexually, which includes cases in which
offline child abuse and/or exploitation is
combined with an online component. This
can also include, but is not limited to, the
production, dissemination and possession of
CSAEM; online grooming of children for
sexual purposes; sexual extortion of
children, sharing image-based sexual abuse;
commercial sexual exploitation of children;
exploitation of children through online
prostitution; and live-streaming of sexual
abuse, with or without the consent of the
victim: Provided, That OSAEC may be used
What is CSAEM?

• Child sexual abuse or exploitation

material or child sexual abuse
material (CSAEM/CSAM) refers to
any representation, whether offline,
or by, through or with the use of
ICT, by means of visual, video, audio,
written, or any combination thereof,
by electronic, mechanical, digital,
optical, magnetic or any other
means, of a child engaged or involved
in real or simulated sexual activities,
or depicting acts of sexual abuse or
exploitation of a child as a sexual
Child Sexual
Abuse
• Child sexual abuse refers to any form of
communication through any platform or
format, or any physical interaction
between a child and any person when the
child is being used for any act or
activity inducing sexual stimulation or
for the purpose of sexual gratification
or in pursuit of the desire to have
carnal knowledge of the child, regardless
of the gender of the perpetrator or the
victim, or the consent of the victim;
Child sexual
exploitation
Refers to any of the following acts even if consent appears
to have been granted by the child:
1. Child sexual abuse with consideration whether monetary or
nonmonetary consideration, favor, or benefit in exchange
for the opportunity to perform such abusive or
exploitative act
2. Actual sexual intercourse with a child or children with or
without consideration;
3. Employing fraud, machination, undue influence,
intimidation, threat or deception by any person to commit
sexual abuse of or sexual intercourse with a child or
children; or
4. Any other similar or analogous acts related to child abuse,
cruelty or exploitation or to be responsible for other
conditions prejudicial to the development of the child;
Provides as follows:

• Prohibited Acts (Similar to RA 9775)

• Protection of Good Samaritan
• Safe Harbor Exception
• Duties and responsibilities of Private Sector
• Extra territoriality
• Creation of National Coordination Center
against OSAEC and CSAEM under IACAT
DAGHANG SALAMAT!