Session 8:

Understanding Child Abuse and

Child Protection Laws

Atty. Mylen B. Gonzales-Esquivel, RSW

Executive Director, Miriam College Child Rights Advocacy Center
Legal Retainer, Child Protection Unit - Philippine General Hospital
Legal Consultant, Office of the Army Gender and Development
 Outline of presentation
• What is Child Abuse
• What are the Forms of Child
Abuse
• What are the important Laws
Protecting Children from abuse
and exploitation
How do we define Children?
Who is a Child?
• Child refers to any human being

• under eighteen (18) years of age, or

• any person eighteen (18) year of age or
over but who is unable to fully take care
and protect oneself from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental disability
or condition.

(Republic Act 7610)

 How do we define Child Abuse?

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

(Republic Act 7610)

 Forms of Child Abuse

Psychological abuse

 Deliberate use of a range of words and non-

physical actions used with the purpose to
manipulate, hurt, weaken or frighten a child
mentally or emotionally thereby causing fear by
intimidation.
Forms of Child Abuse

Physical Abuse

 Refers to acts which causes bodily or physical harm.

 Involves hurting or trying to hurt a child by hitting,

kicking, burning, grabbing, pinching, shoving, slapping,
hair-pulling, biting, denying medical care or forcing
alcohol and/or drug use, or using other physical force.
 Forms of Child Abuse

Cruelty –
• Any act by word or deed which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being.

Note that…

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.

(Republic Act 7610)

 Forms of Child Abuse

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

(Republic Act 7610)

 Forms of Child Abuse

Sexual Abuse
 Refers to any sexual act committed against the
will of another person

 The person does not give consent, or

 When consent cannot be given because the
person is a child under 16 years of age, has a
mental disability, or
 Is severely intoxicated or unconscious as a
result of alcohol or drugs.
 Forms of Child Abuse

Emotional maltreatment

 Includes undermining a child’s sense of self-

worth through constant criticism
 Belittling the child’s abilities
 Name-calling or other verbal abuse
 Damaging the relationship of the children with
any of their parents
 Not letting the child see any of the parents
 Forms of Child Abuse

Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions

Prejudicial to the Child's Development (Section 10, Republic Act 7610)

Any person who shall commit any other acts of

1. child abuse
2. cruelty or
3. exploitation or
4. to be responsible for other conditions prejudicial to the child's development

including those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
Section 10 of Republic Act 7610 punishes not only those enumerated under Article 59
of Presidential Decree No. 603, but also four distinct acts, i.e., (a) child abuse, (b)
child cruelty, (c) child exploitation and (d) being responsible for conditions
prejudicial to the child's development. The Rules and Regulations of the questioned
statute distinctly and separately defined child abuse, cruelty and exploitation just to
show that these three acts are different from one another and from the act
prejudicial to the child's development. Contrary to petitioner's assertion, an accused
can be prosecuted and be convicted under Section 10(a), Article VI of Republic Act
No. 7610 if he commits any of the four acts therein. The prosecution need not prove
that the acts of child abuse, child cruelty and child exploitation have resulted in the
prejudice of the child because an act prejudicial to the development of the child is
different from the former acts.

Araneta vs. People of the Philippines, 578 Phil. 876 (2008)

 Four Common Types of Child Abuse
 Physical abuse is the intentional use of physical force that can result in physical
injury. Examples include hitting, kicking, shaking, burning, or other shows of
force against a child.
 Sexual abuse involves pressuring or forcing a child to engage in sexual acts. It
includes behaviors such as fondling, penetration, and exposing a child to other
sexual activities.
 Psychological/Emotional abuse refers to behaviors that harm a child’s self-worth
or emotional well-being. Examples include name-calling, shaming, rejecting,
withholding love, and threatening.
 Neglect is the failure to meet a child’s basic physical and emotional needs. These
needs include housing, food, clothing, education, access to medical care, and
having feelings validated and appropriately responded to.
 Why the need for Child Protection Laws?

 Child abuse and neglect are serious public health problems because
they lead to adverse childhood experiences (ACEs) that can have long-term
impact on children’s health, opportunity, and wellbeing.

 Adverse childhood experiences, or ACEs, are potentially

traumatic events that occur in childhood (0-17 years).

 experiencing violence, abuse, or neglect

 witnessing violence in the home or community
 having a family member attempt or die by suicide
 exposure to situations that undermine sense of safety, stability,
and bonding
 The need for Child Protection Laws…

• Provide special protection to children from all forms

of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their
development.

• Provide sanctions for the commission of child abuse.

• Need to carry out a program for prevention and

deterrence of, and crisis intervention in situations of
child abuse, exploitation and discrimination.
Classification of the Rights of the Child

Survival Protective
Rights Rights

Child as a
“Holder of Rights”

Participatory Developmental
Rights Rights
 Statutory Protection
FIVE (5) “SPACES” or SETTINGS:

1. Home and family

2. Community and the streets
3. Schools and educational settings
4. Other institutional settings
5. Work situations
 Child Protection Laws
Philippine Legal Framework

Constitutional Law:
◦ 1987 Philippine Constitution
International Law:
◦ United Nations Convention on the Rights of the Child (UN
CRC)
Statutory Law:
◦ R.A. 7610, R.A. 9231, R.A. 10627, R.A. 9262, R.A. 7877,
R.A. 11313, R.A. 8353 as amended by R.A. 11648 R.A.
11956, R.A. 11930
 Child Protection
Philippine Legal Framework

1987 Philippine Constitution:

“The right of children to assistance, including

proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to
their development
 Republic Act 7610
June 17, 1992

• “Special Protection of Children Against Abuse,

Exploitation and Discrimination Act.”

• The best interests of children shall be the paramount

consideration in all actions concerning them.

• Every effort shall be exerted to promote the welfare of

children and enhance their opportunities for a useful and
happy life.
Anti-Child Labor Law
Republic Act No. 9231
Anti-Child Labor Law
Republic Act No. 9231
Anti-Child Labor Law
Republic Act No. 9231
Anti-Bullying Act of 2013
Republic Act No. 10627

Bullying
• Refers to any severe or repeated use by one or more students of a
written, verbal or electronic expression, or a physical act or gesture,
or any combination thereof, directed at another student that has the
effect of:

• actually causing or placing the latter in reasonable fear of physical or

emotional harm or damage to his property; creating a hostile environment at
school for the other student;
• infringing on the rights of the other student at school; or
• materially and substantially disrupting the education process or the orderly
operation of a school.
Anti-Bullying Act of 2013
Republic Act No. 10627

Bullying include but is not limited to…

• Any unwanted physical contact between the bully and
the victim like punching, pushing, shoving, kicking,
slapping, tickling, headlocks, inflicting school pranks,
teasing, fighting and the use of available objects as
weapons;

• Any act that causes damage to a victim’s psyche and/or

emotional well-being;
 Anti-Bullying Act of 2013
Republic Act No. 10627

Bullying include but is not limited to…

• Any slanderous statement or accusation

that causes the victim undue emotional
distress like directing foul language or
profanity at the target, name-calling,
tormenting and commenting negatively
on victim’s looks, clothes and body; and

• Cyber-bullying or any bullying done

through the use of technology or any
electronic means.
Anti-Violence Against Women and Their Children
Republic Act No. 9262

“Anti-Violence Against Women and Their Children” is

committed against:

1. a woman who is his wife, former wife, or with whom

the woman has or had a sexual or dating relationship,
or with whom she has a common child; and
2. the woman’s child, legitimate or illegitimate.
Anti-Violence Against Women and Their Children
Republic Act No. 9262

“Anti-Violence Against Women and Their Children”

include the following forms of VAW that can be
committed within or outside the family abode:

1. physical abuse
2. sexual violence
3. psychological abuse
4. economic abuse
Anti-Violence Against Women and Their Children
Republic Act No. 9262

Independent Remedy of Protection Orders, which

include:

1. Barangay Protection Order (BPO)

2. Temporary Protection Order (TPO)
3. Permanent Protection Order (PPO)
Anti-Rape Law of 1997
Anti-Rape Law of 1997
Anti-Rape Law of 1997
 Republic Act 11648: An Act Providing for Stronger Protection Against
Rape and Sexual Exploitation and Abuse, Increasing the Age for
Determining the Commission of Statutory Rape, Amending for the Purpose
Act No. 3815, as amended, Otherwise Known as “The Revised Penal
Code,” Republic Act 8353, also known as the “Anti-Rape Law of 1997”,
and Republic Act 7610, as amended Otherwise known as the “Special
Protection of Children Against Abuse, Exploitation and Discrimination Act”

Signed: March 4, 2022

Rape under Art. 266-A (insertion by virtue of RA 8353)
RAPE is committed under the following circumstances:
 A man has sexual intercourse with a woman; and
 A person committed sexual assault

a. through force, threat or intimidation;

b. when the offended party is deprived of reason or
otherwise unconscious;
c. by means of fraudulent machination of grave
abuse of authority; and 16 years
d. when the offended party is under 12 years of
age or is demented even though none of the
circumstances mentioned above be present.
 Amendments to letter ”d” of Article 266-A

GENERAL RULE: Sexual intercourse with a minor UNDER 16 years of

age is statutory rape.

EXCEPTION
:
No criminal liability on the part of a person having carnal knowledge of another
person under 16 years of age when:

 the age difference between the parties is not more than 3 years;
 the sexual act in question is proven to be consensual;
 the sexual act in question is proven to be non-abusive;
 What do we mean by non-
abusive?

• Absence of undue influence, intimidation, fraudulent

machination, coercion, threat, physical, sexual, psychological,
or mental injury or maltreatment, either with the intention or
through neglect, during the conduct of sexual activities with
the child victim.
 Amendments to letter ”d” of Article 266-A

GENERAL RULE: Sexual intercourse with a minor UNDER 16 years of

age is statutory rape.

EXCEPTION
:
No criminal liability on the part of a person having carnal knowledge of another
person under 16 years of age when:

 the age difference between the parties is not more than 3 years;
 the sexual act in question is proven to be consensual;
 the sexual act in question is proven to be non-abusive;
 the sexual act in question is proven to be non-exploitative.
 What do we mean by non-
exploitative?

• There is no actual or attempted act or acts of unfairly

taking advantage of the child’s position of vulnerability,
differential power, or trust during the conduct of sexual
activities.
GENERAL RULE: Sexual intercourse with a minor UNDER 16 years of
age is statutory rape.

EXCEPTION
:
No criminal liability on the part of a person having carnal knowledge of another
person under 16 years of age when

 the age difference between the parties is not more than 3 years; and
 the sexual act in question is proven to be consensual, non-abusive, and non-
exploitative.

EXCEPTION TO THE EXCEPTION:

Exception does not apply if the victims is under 13 years of age.

Amendments to Articles 337, RPC

Qualified Seduction Amendments to Articles 338, RPC

• Seduction of minor, 16 and over but Simple Seduction

under 18 years of age

• Committed by any person in public • Seduction of minor, 16 and over

authority, priest, home-servant, but under 18 years of age
domestic, guardian, teacher, or any
• Committed by means of deceit
person who, in any capacity,
entrusted with the education or
• PENALTY: Arresto Mayor
custody of the minor seduced

• PENALTY: Prision correccional in its

minimum and medium periods.
 Amendments to SEC 5 (b), RA 7610

Child Prostitution & Other Sexual Abuse

•For money, profit, or consideration; or due to coercion or influence of any adult,
syndicate, or group;
•Indulge in sexual intercourse or lascivious conduct; and,
•The child exploited in prostitution or to other sexual abuse.

Provided, That when the victim is under 16 yrs:

(a) Prosecute for Rape; or
(b) Acts of Lasciviousness

Provided, That the penalty of lascivious conduct when the victim is under 16:
Reclusion Temporal in its medium period.
Amendments to SEC 7, RA 7610 Amendments to SEC 9, RA 7610

Child Trafficking Obscene Publications & Indecent

Shows
• Any person who shall engage in • Any person who shall hire, employ,
trading and dealing with children use, persuade, induce, or coerce a
 act of buying and selling a child child
for money, or for any • to perform in obscene exhibitions
consideration, or and indecent shows, whether live or
 act of buying and selling a child in video, or
for money, or for any • model in obscene publications or
consideration pornographic materials
• to sell or distribute the said materials
• PENALTY: Reclusion Temporal to
Reclusion Perpetua • PENALTY: Prision Mayor medium
 Victim is under 16 years of age:  Victim is below 16 years of age:
Penalty imposable is maximum period Penalty imposable maximum period
 Amendments to SEC 10, RA 7610
Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child’s Development

• Any person who shall keep or have on his company a minor 16 years of age or under, or who
is 10 years or more his junior

 In any public place or private place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach, and/or other tourist or similar places

• PENALTY: Prision mayor in its maximum period and a fine of not less than Php 50,000.00

Provided: Provision not applicable to any person who is related within the 4 th 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
 Republic Act No. 11596

Full Title: “An Act Prohibiting the Practice

of Child Marriage and Imposing Penalties
for Violations Thereof”

Short Title: “Girls Not Brides Act”

Child Marriage, defined…

• It refers to any marriage entered into where one or

both parties are children, 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.

Section 3. Definition of Terms

 UNLAWFUL AND PROHIBITED ACTS
a. Facilitation of Marriage: Who commits, and How committed:

 Any person who:

1. Causes, fixes, facilitates, or arranges a child marriage.
2. Produces, prints, issues and/or distributes fraudulent or tampered
documents such birth certificates, affidavits of delayed registration of
birth and/or foundling certificates for the purpose of misrepresenting
the age of the child to facilitate child marriage or evade liability
under the act.

Section 4. Unlawful Acts par. (a)

 PENALTIE
S
Facilitation of Marriage:

 Imprisonment with a penalty of prision mayor in its medium period, and a fine
of not less than Php 40,000.00.

 If the perpetrator is the ascendant, parent, adoptive parent, step-parent, or

guardian, the penalty shall be prision mayor in its maximum period, and a fine
of not less than Php 50,000.00.

 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.
 UNLAWFUL AND PROHIBITED ACTS
b. Solemnization of Child Marriage: Who commits, and How
committed:

 Any person who performs or officiates a child marriage

Section 4. Unlawful Acts par. (b)

Note: A solemnizing officer refers to any person authorized to

officiate a marriage under E.O. 209, or recognized to celebrate
marriages by reason of religion, tradition, or customs. (Section 3
[e])
 PENALTIE
S
Solemnization of Child Marriage:

 Imprisonment with a penalty of prision mayor in its maximum period, and a

fine of not less than Php 50,000.00.

 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.
 UNLAWFUL AND PROHIBITED ACTS

c. Cohabitation of an Adult with a Child Outside of Wedlock: Who

commits, and How committed:

 An adult partner who cohabits with a child outside wedlock

Section 4. Unlawful Acts par. (c)

 PENALTIE
S
Cohabitation of an Adult with a Child Outside Wedlock:

 Imprisonment with a penalty of prision mayor in its maximum period, and a fine
of not less than Php 50,000.00.

 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.

Note: Penalty is without prejudice to higher penalties that may be imposed in

the RPC and other special laws
 • Under Section 5, the
Unlawful and Prohibited
Acts are deemed PUBLIC
CRIMES

 Can be initiated by any concerned

individual
 Legal Effect of Child Marriage (Sec. 6)

• Child marriage is void ab initio, and the action or

defense for the declaration of absolute nullity of a
child marriage shall not prescribe in accordance with
Articles 35 and 39 of the Family Code of the
Philippines.

• Article 50 to 54 of the Family Code of the

Philippines shall govern on matters of support,
property relations, and custody of children after the
termination of the child marriage.
 Transitory Provision (Sec 12)

• During the transition period of one (1) year, the

application of Section 4(a) and (b), and Section 5 of the
Act to Muslim Filipinos and indigenous cultural
communities/indigenous people shall be suspended.
The Salient Provisions of Republic
Act 11930
Anti-Online Sexual Abuse or Exploitation of Children
(OSAEC) and Anti-Child Sexual Abuse or Exploitation
Materials (CSAEM) Act of 2022
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”
 Definition of Terms (Sec. 3)

CHILD SEXUAL ABUSE or EXPLOITATION

MATERIAL or CHILD SEXUAL ABUSE
MATERIAL (CSAEM/CSAM)

• Any representation 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 object

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

• It shall also include materials that focus on the genitalia or other

private body parts of a child.
 Definition of Terms (Sec. 3)

ONLINE SEXUAL ABUSE or

EXPLOITATION OF CHILDREN (OSAEC)

• 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
 Definition of Terms (Sec. 3)

SEXUALIZATION OF A CHILD
• The act of using a child as an object
for the sexual desire or satisfaction of
another, even if there is no actual
sexual intercourse or no private part
of the body of the child has been
shown
 Definition of Terms (Sec. 3)

GROOMING
• Predatory conduct, act, or pattern of acts,
of establishing a relationship of trust, or
emotional connection by another, with a
child or someone who is believed to be a
child, and/or the family, guardian, and/or
caregivers, whether in person or via
electronic and other similar devices, for
the purpose of perpetrating sexual
abuse or exploitation or the production
of any form of CSAEM
 Definition of Terms (Sec. 3)

LURING
• The act of communicating, by means
of a computer system, with a child or
someone who the offender believes to
be a child for the purpose of
facilitating the commission of sexual
activity or production of any form of
CSAEM
 Definition of Terms (Sec. 3)

PANDERING
• The act of offering, advertising,
promoting, representing or distributing
through any means any child sexual abuse or
exploitation material, or any material that
purports to contain any form of child sexual
abuse or exploitation material, regardless of
its actual content
 Creation of the OSAEC and CSAEM
Offenders Registry (Sec. 32)
• An OSAEC and CSAEM offenders registry for both Filipino
nationals and foreigners shall be created containing the following
information of adult individuals convicted of OSAEC, CSAEM and
other sexual offenses against children:
a. name;
b. address;
c. employment;
d. fingerprints;
e. complete criminal history;
f. recent photograph; and
g. other relevant information necessary for the proper
registration of child sexual offenders.