Article 50Labor and Agrarian Laws and Social Legislation, p. 50

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

(a) "Children" refers to person below eighteen (18)

years of age or those over but are unable 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;

(b) "Child abuse" refers to the maltreatment, whether

habitual or not, of the child which includes any of the

following:

(1)

Psychological

and

physical

abuse,

neglect,

cruelty, sexual abuse and emotional maltreatment;

(2) Any

act

by

deeds

or

words which debases,

degrades or demeans the intrinsic worth and dignity of a

child as a human being;

(3) Unreasonable deprivation of his basic needs for

survival, such as food and shelter; or

(4) 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.

(c)

"Circumstances

which

gravely

threaten

or

endanger

the

survival

and

normal

development

of

children" include, but are not limited to, the following;

(1)

Being in a community where there is armed

conflict

or

being

affected

by

armed

conflict-related

activities;

(2) Working

under

conditions

hazardous

to

life,

safety and normal which unduly interfere with their

normal development;

(3) Living in or fending for themselves in the streets

of urban or rural areas without the care of parents or a

guardian or basic services needed for a good quality of

life;

(4) Being

a

member

of

a

indigenous

cultural

community and/or living under conditions of extreme

poverty or in an area which is underdeveloped and/or

lacks or has inadequate access to basic services needed

for a good quality of life;

(5) Being a victim of a man-made or natural disaster

or calamity; or

(6) Circumstances analogous to those above stated

which endanger the life, safety or normal development of

children.

(d) "Comprehensive program against child abuse,

exploitation and discrimination" refers to the coordinated

program of services and facilities to protected children

against:

(1)

Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the

survival and normal development of children.

ARTICLE II Program on Child Abuse, Exploitation

and Discrimination

Section 4. Formulation of the Program . – There shall

be a comprehensive program to be formulated, by the

Department of Justice and the Department of Social

Welfare and Development in coordination with other

government

agencies

and

private

sector concerned,

within one (1) year from the effectivity of this Act, to

protect children against child prostitution and other

sexual abuse; child trafficking, obscene publications and

indecent shows; other acts of abuse; and circumstances

which endanger child survival and normal development.

ARTICLE III Child Prostitution and Other Sexual

Abuse

Section 5. Child Prostitution and Other Sexual

Abuse . – Children, whether male or female, who for

money, profit, or any other consideration or due to the

coercion or influence of any adult, syndicate or group,

indulge in sexual intercourse or lascivious conduct, are

deemed to be children exploited in prostitution and other

sexual abuse.

The penalty of reclusion temporal in its medium

period to reclusion perpetua shall be imposed upon the

following:

(a) Those who engage in or promote, facilitate or

induce child prostitution which include, but are not

limited to, the following:

(1)

Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child

prostitute by means of written or oral advertisements or

other similar means;

(3) Taking advantage of influence or relationship to

procure a child as prostitute;

(4) Threatening or using violence towards a child to

engage him as a prostitute; or

(5) Giving monetary consideration goods or other

pecuniary benefit to a child with intent to engage such

child in prostitution.

(b) Those who commit the act of sexual intercourse

of lascivious conduct with a child exploited in prostitution

or subject to other sexual abuse; Provided, That when the

victims is under twelve (12) years of age, the perpetrators

shall be prosecuted under Article 335, paragraph 3, for

rape and Article 336 of Act No. 3815, as amended, the

Revised Penal Code, for rape or lascivious conduct, as the

case may be: Provided, That the penalty for lascivious

conduct when the victim is under twelve (12) years of age

shall be reclusion temporal in its medium period; and

(c)

Those who derive profit or advantage therefrom,

whether as manager or owner of the establishment

where the prostitution takes place, or of the sauna, disco,

bar,

resort, place of entertainment or establishment

serving as a cover or which engages in prostitution in

addition to the activity for which the license has been

issued to said establishment.

Section 6. Attempt To Commit Child Prostitution . –

There is an attempt to commit child prostitution under

Section 5, paragraph (a) hereof when any person who, 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

establishments, vessel, vehicle or any other hidden or

secluded area under circumstances which would lead a

reasonable person to believe that the child is about to be

exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution,

under paragraph (b) of Section 5 hereof when any person

is receiving services from a child in a sauna parlor or bath,

massage

clinic,

health

club

and

other

similar

establishments. A penalty lower by two (2) degrees than

that

prescribed

for

the

consummated

felony under

Section 5 hereof shall be imposed upon the principals of

the attempt to commit the crime of child prostitution

under this Act, or, in the proper case, under the Revised

Penal Code.

ARTICLE IV Child Traƍcking

Section 7. Child Trafficking . – 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, shall

suffer the penalty of reclusion temporal to reclusion

perpetua. The penalty shall be imposed in its maximum

period when the victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking . –

There is an attempt to commit child trafficking under

Section 7 of this Act:

(a) When a child travels alone to a foreign country

without valid reason therefor and without clearance

issued

by

the

Department

of

Social

Welfare

and

© Compiled By RGL

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