Article 51Labor and Agrarian Laws and Social Legislation, p. 51

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

Development or written permit or justification from the

child's parents or legal guardian;

(c)

When

a

person,

agency,

establishment

or

child-caring institution recruits women or couples to bear

children for the purpose of child trafficking; or

(d) When

a

doctor,

hospital

or

clinic

official or

employee, nurse, midwife, local civil registrar or any other

person simulates birth for the purpose of child trafficking;

or

(e) When a person engages in the act of finding

children among low-income families, hospitals, clinics,

nurseries,

day-care

centers,

or

other

child-during

institutions who can be offered for the purpose of child

trafficking.

A penalty lower two (2) degrees than that prescribed

for the consummated felony under Section 7 hereof shall

be

imposed

upon the principals of the attempt to

commit child trafficking under this Act.

ARTICLE V Obscene Publications and Indecent

Shows

Section

9.

Obscene

Publications and Indecent

Shows .

–

Any

person

who

shall

hire,

employ,

use,

persuade, induce or coerce a child to perform in obscene

exhibitions and indecent shows, whether live or in video,

or

model

in

obscene

publications

or

pornographic

materials or to sell or distribute the said materials shall

suffer the penalty of prision mayor in its medium period.

If

the

child

used

as

a

performer,

subject

or

seller/distributor is below twelve (12) years of age, the

penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any

capacity with the 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 or in any other

acts covered by this section shall suffer the penalty of

prision mayor in its medium period.

ARTICLE VI Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or

Exploitation and Other Conditions Prejudicial to the

Child's Development . –

(a) Any person who shall commit any other acts of

child abuse, cruelty or exploitation or 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.

(b) Any

person

who

shall

keep

or

have

in

his

company a minor, twelve (12) years or under or who in 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 shall suffer the penalty of

prision mayor in its maximum period and a fine of not

less than Fifty thousand pesos (P50,000): 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.

(c)

Any person who shall 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 shall suffer the penalty of prision mayor in its

medium

period

and

a

fine

of

not less than Forty

thousand

pesos

(P40,000);

Provided,

however,

That

should the perpetrator be an ascendant, stepparent or

guardian of the minor, the penalty to be imposed shall be

prision mayor in its maximum period, a fine of not less

than Fifty thousand pesos (P50,000), and the loss of

parental authority over the minor.

(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 shall be imposed a penalty of

prision mayor in its medium period and a fine of not less

than Fifty thousand pesos (P50,000), and the loss of the

license to operate such a place or establishment.

(e) Any

person

who

shall

use,

coerce,

force

or

intimidate a street child or any other child to;

(1)

Beg 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, shall suffer the

penalty of prision correccional in its medium period to

reclusion perpetua.

For

purposes

of

this

Act,

the

penalty

for

the

commission of acts punishable under Articles 248, 249,

262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as

amended, the Revised Penal Code, for the crimes of

murder,

homicide,

other

intentional

mutilation,

and

serious physical injuries, respectively, shall be reclusion

perpetua when the victim is under twelve (12) years of

age. The penalty for the commission of acts punishable

under Article 337, 339, 340 and 341 of Act No. 3815, as

amended, the Revised Penal Code, for the crimes of

qualified

seduction,

acts

of

lasciviousness

with

the

consent of the offended party, corruption of minors, and

white slave trade, respectively, shall be one (1) degree

higher than that imposed by law when the victim is

under twelve (12) years age.

The victim of the acts committed under this section

shall be entrusted to the care of the Department of Social

Welfare and Development.

ARTICLE VII Sanctions for Establishments or

Enterprises

Section

11.

Sanctions

of

Establishments

or

Enterprises

which

Promote,

Facilitate,

or Conduct

Activities Constituting Child Prostitution and Other

Sexual Abuse, Child Trafficking, Obscene Publications

and Indecent Shows, and Other Acts of Abuse . – All

establishments

and

enterprises

which

promote

or

facilitate child prostitution and other sexual abuse, child

trafficking, obscene publications and indecent shows,

and other acts of abuse shall be immediately closed and

their authority or license to operate cancelled, without

prejudice

to

the

owner

or

manager

thereof

being

prosecuted under this Act and/or the Revised Penal Code,

as amended, or special laws. A sign with the words "off

limits"

shall

be

conspicuously

displayed outside the

establishments or enterprises by the Department of

Social Welfare and Development for such period which

shall not be less than one (1) year, as the Department may

determine. The unauthorized removal of such sign shall

be punishable by prision correccional.

An establishment shall be deemed to promote or

facilitate child prostitution and other sexual abuse, child

trafficking, obscene publications and indecent shows,

and other acts of abuse if the acts constituting the same

occur in the premises of said establishment under this

Act or in violation of the Revised Penal Code, as amended.

An

enterprise

such

as

a

sauna,

travel

agency,

or

recruitment agency which: promotes the aforementioned

acts as part of a tour for foreign tourists; exhibits children

in a lewd or indecent show; provides child masseurs for

adults of the same or opposite sex and said services

include any lascivious conduct with the customers; or

solicits

children

or

activities

constituting

the

aforementioned acts shall be deemed to have committed

the acts penalized herein.

ARTICLE VIII Working Children

Section 12. Employment of Children . – Children

below fifteen (15) years of age shall not be employed

except:

© Compiled By RGL

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