R.A.

7610 is a special law

designed to provide special
protection to children from all
forms of abuse, neglect, cruelty,
exploitation, discrimination, and
other conditions prejudicial to
their development. Children are
under the protective mantle of
R.A. 7610 which supplies the
inadequacies of existing laws
treating of crimes committed
against children such as the RPC,
by providing for stronger
deterrence against child abuse
and exploitation through, among
others, stiffer penalties for their
commission
Children
THE PEOPLE OF THE PHILIPPINES vs.
HERACLEO ABELLO Y FORTADA G.R. No.
151952, March 25, 2009
AAA cannot be considered a child under Section 3(a) of
R.A. No. 7610 which reads:
(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;
The implementing rules elaborated on this definition
when it defined a "child" as one who is below 18 years of
age or over said age who, upon evaluation of a qualified
physician, psychologist or psychiatrist, is found to be
incapable of taking care of herself fully because of a
physical or mental disability or condition or of protecting
herself from abuse.
While the records show that the RTC, the CA and the investigating
prosecutor who filed the corresponding Informations, considered AAA’s
polio as a physical disability that rendered her incapable of normal
function, no evidence was in fact presented showing the prosecution’s
compliance with the implementing rules. Specifically, the prosecution did
not present any evidence, testimonial or documentary, of any medical
evaluation or medical finding from a qualified physician, psychologist or
psychiatrist attesting that AAA’s physical condition rendered her
incapable of fully taking care of herself or of protecting herself against
sexual abuse. Under the circumstances, we cannot consider AAA a child
under Section 3(a) of R.A. No. 7610.
In arriving at this conclusion, we consider that since R.A. No. 7610 is a
special law referring to a particular class in society, the prosecution must
show that the victim truly belongs to this particular class to warrant the
application of the statute’s provisions. Any doubt in this regard we must
resolve in favor of the accused.
From another perspective, we also note that no evidence has been
adduced showing that AAA’s physical disability prevented her from
resisting Abello’s attacks; the evidence only reveals that Abello took
advantage of the opportunity presented to him (i.e., that AAA and her
companions who were then asleep) to commit the sexual abuses; this
inference is supported by the fact that he stopped his sexual assault when
AAA started to awaken. It can also be reasonably deduced from these
circumstances that Abello sought to commit the sexual abuses with
impunity -- without AAA’s knowledge and without any interference on
her part.
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;
(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.
 (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
Circumstances which unduly interfere with their normal development;

gravely threaten or (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
endanger the survival for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living
and normal under conditions of extreme poverty or in an area which is
development of underdeveloped and/or lacks or has inadequate access to basic services
needed for a good quality of life;
children (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.
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.
CHILD PROSTITUTION
AND OTHER SEXUAL
ABUSE
(b) Those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims is under sixteen (16)
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 sixteen (16) years of age shall be
reclusion temporal in its medium period; and (REPUBLIC ACT NO.
11648, March 04, 2022)
(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 5 (A)
Engaging in or promoting, facilitating, or inducing
child prostitution is a crime.

PROSTITUTE- Under Article 202 of the

Revised Penal Code, a woman, who for money,
habitually indulges in sexual intercourse or
lascivious conduct, is liable for the crime of
prostitution.
-Having sex with a child prostitute for monetary
considerations constitutes the crime of child
prostitution under Section 5 b of the RA 7610. The
fact that the offender has not yet given the money
to the child in consideration of the sexual service
when the former was arrested is of NO MOMENT.
SECTION 5 (A)
VAGRANCY- Giving monetary
consideration, goods, or other
pecuniary benefit to an adult with
intent to engage her in prostitution, is
NOT a violation of Section 5(a) of RA
No. 7610; however, one can be held
liable for vagrancy under Article 202 of
the Revised Penal Code if he habitually
associates himself with prostitutes.

PROCURER OR PIMP- The

words “pimp” and “procurer” are
practically synonymous in
signification. The commonly accepted
definition of the word “pimp” in one
who provides gratification for the lust
of others; a procurer; a panderer.
PROCURER OF CHILD
PROSTITUTE

Article 340. Corruption of minors. - Any

person who shall promote or facilitate the
prostitution or corruption of persons underage to
satisfy the lust of another, shall be punished by
prision correccional, and if the culprit is a pubic
officer or employee, including those in government-
owned or controlled corporations, he shall also
suffer the penalty of temporary absolute
disqualification. (RPC)
-the victims in the crime of corruption of minor
must be of GOOD REPUTATION, not a prostitute or
corrupted person.
- To be responsible for corruption of minor, the
offender must promote prostitution, “to satisfy the
lust of another” and not to satisfy his own lust.
-Engaging in or promotion,
facilitating or inducing child
prostitution is constitutive of the
crime under Section 5 (a) of 7610.
However, if the acts committed by
the child abuser fall within any
penal provision of RA 9208 (Anti-
Trafficking in Persons Act of 2003),
he must be liable for the crime of
trafficking in person.

Under Section 12-D (1) in relation to

Section 16 of RA 7610, any person,
who commits acts of trafficking
involving children, shall be
prosecuted and penalized under RA
9208. Hence, dealing with trafficked
children for purposes of
prostitution constitutes qualified
trafficking of persons under RA
9208.
PENALTY FOR CHILD
PROSTITUTION
Reclusion Temporal in its medium period to
reclusion perpetua.
People vs. Dalantar. The penalty prescribed by
Section 5 of R.A. No. 7610 is reclusion temporal
in its medium period to reclusion perpetua.
However, it was not proven that appellant is the
parent or guardian of AAA.
The establishment of either relationship would
have justified the imposition of the penalty
provided in the law in its maximum. Thus, there
being neither mitigating nor aggravating
circumstance, the penalty which could properly
be imposed is reclusion temporal in its maximum
period, the medium of the penalty prescribed by
the law. After applying the Indeterminate
Sentence Law, the proper imposable penalty is an
indeterminate sentence the maximum term of
which shall be that which could properly be
imposed (reclusion temporal in its maximum
period), and the minimum of which shall not be
less than the minimum term prescribed by the
law (reclusion temporal in its medium period)
SECTION 5 (B)
ELEMENTS:
1. That the accused commits acts of
sexual intercourse or lascivious
conduct with a child;
2. That the child is exploited in
prostitution or subjected to other
sexual abuse, and
3. That the child must not be under
sixteen (16) years of age REPUBLIC
ACT NO. 11648, March 04, 2022
ALLEGATION OF AGE IN THE
INFORMATION
In Olivarez vs. CA, GR No. 16388, July 29, 2005. Accused was charged in the Information with violation of
Section 5(b) of RA No. 7610. The sworn complaint filed by the private complainant was mentioned in and
attached to the information. The complainant alleged that the complainant is 16 years of age at the time of
the commission of the sexual abuse. However, the information failed to reveal the age of the complainant.
Petitioner argued that he cannot be liable under Section 5 (b) of RA 7610 for failure to allege in the
Information that complainant was Petitioner was furnished a copy of the Complaint which was mentioned
in the Information; hence he was adequately informed of the age of the complainant. The prosecution has
also established the minority of the offended party through competent evidence. Cristina testified that she
was 16 years old and a certification from the Office of the Local Registrar of San Pedro, Laguna was
presented showing that she was born on October 17, 1980. The third element of sexual abuse is therefore
present.
The information merely states that petitioner was being charged for the crime of "violation of R.A. 7610"
without citing the specific sections alleged to have been violated by petitioner. Nonetheless, we do not find
this omission sufficient to invalidate the information. The character of the crime is not determined by the
caption or preamble of the information nor from the specification of the provision of law alleged to have
been violated, they may be conclusions of law, but by the recital of the ultimate facts and circumstances in
the complaint or information. The sufficiency of an information is not negated by an incomplete or
defective designation of the crime in the caption or other parts of the information but by the narration of
facts and circumstances which adequately depicts a crime and sufficiently apprise the accused of the
nature and cause of the accusation against him.
DETERMINING THE AGE OF THE VICTIM
People vs. Pruna 439, Phil. 440- In order to remove any confusion that may be engendered by the foregoing cases, we
hereby set the following guidelines in appreciating age, either as an element of the crime or as a qualifying
circumstance.
1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live
birth of such party.
2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school
records which show the date of birth of the victim would suffice to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable,
the testimony, if clear and credible, of the victims mother or a member of the family either by affinity or consanguinity
who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party
pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances:
a. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old;
b. If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old;
c. If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years
old.
4. In the absence of a certificate of live birth, authentic document, or the testimony of the victims mother or relatives
concerning the victims age, the complainants testimony will suffice provided that it is expressly and clearly admitted by
the accused.
5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to
object to the testimonial evidence regarding age shall not be taken against him. The failure of the accused to object to
the testimonial evidence regarding age shall not be taken against him.
SEXUAL INTERCOURSE
OR LASCIVIOUS
CONDUCT
Sexual intercourse- means mutual stimulation,
esp. the insertion of a man’s erect penis into a
woman’s vagina, usually followed by the
ejaculation of semen. (Oxford Dictionary)

Lascivious conduct means the intentional

touching, either directly or through clothing, of
the genitalia, anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into
the genitalia, anus or mouth, of any person,
whether of the same or opposite sex, with an
intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any
person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a
person. (RULES AND REGULATIONS ON THE
REPORTING AND INVESTIGATION OF CHILD
ABUSE CASES)
 LASCIVIOUS
CONDUCT
The appellant shaved the pubic hair of the victim,
performed cunnilingus on her, licked her breast,
touched her genitalia, and forced her to hold his
sexual organ. These actions cannot be brushed aside
as innocent; rather, they manifest sexual perversity
and lewd intentions. Larin was the swimming
instructor or trainor of XXX, a mere child. We find
no justification for Larin's conduct. ( People vs.
Larin G.R. No. 128777 October 7, 1998)
The following conducts are considered lascivious:
(1) touching the child’s vagina and poking her
vagina with a cotton bud; (2) for kissing the lips,
licking the vagina; (3) mashing the breasts of the
child: and (4) caressing the thigh and vagina of
child.
SEX WITH A CHILD NOT A CRIME PER SE

Sexual intercourse or lascivious conduct with a

child per se is not a crime. What is punishable
under RA 7610 is sexual abuse with a child.
Sexual abuse is more than a mere sexual
intercourse or lascivious conduct with a child.
The implementing rules and regulation of RA
7610 defines Sexual abuse as including 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;
CHILD EXPLOITED
IN PROSTITUTION
A child is deemed exploited in prostitution
when he/she indulges in sexual intercourse
or lascivious conduct for MONEY, PROFIT,
OR ANY OTHER CONSIDERATION.

In People vs. Jalosjos- GR No. 132875-76,

November 16, 2001- The appellant’s acts of
kissing 11-year-old child, a self-confessed
sex worker, on the lips, foundling her
breast, inserting his finger into her vagina
and placing her penis between her thighs,
all constitute lascivious conduct intended
to arouse or gratify his sexual desire.
The term means to exert or maintain a mental or moral power upon or over. Exerting
influence, or employing psychological coercion or moral ascendancy over a child in having
sexual intercourse or lascivious conduct with him/her constitutes sexual abuse under Section
5(b) of RA No. 7610
In People vs. Optana, GR No. 133922, February 12, 2001- The accused committed sexual abuse
on his stepdaughter, using his moral ascendancy in intimidating the victim to engage in sexual
intercourse with him. He was convicted of violation of Section 5 (b) RA 7610.
INFLUENCE
Submissiveness or consent of the
child under influence of adult is
not a defense in sexual abuse.
In People vs. Larin- Appellant,
swimming instructor, employed
moral and psychological coercion
on his student, who was 14 years
of age. Complainant’s
submissiveness to appellant’s
lascivious conduct does not
exonerate him from criminal
liability, as the law does not
require physical violence on the
person of the victim. Moral
coercion or ascendancy is
sufficient.
COERCION
Coercion means compelling a person
against his will by means of violence or
intimidation to do something which
she/he did not like to do so. Actual
physical violence need not be
employed. Intimidation need not
necessarily be irresistible. It is
sufficient that some compulsion
equivalent to intimidation annuls or
subdues the free exercise of the will of
the offended party. This is especially
true in the case of young, innocent and
immature girls who cannot be expected
to act with equanimity of disposition
and with nerves of steel. Young girls
cannot be expected to act like adults
under the same circumstance or to have
the courage and intelligence to
disregard the threat. (Amployo, GR. No.
157718, April 26, 2005)
COERCION
In Navarete vs. People, GR No. 14713,
January 31, 2007- Complainant, 5 years
old, was sexually abused because she was
coerced or intimidated by petitioner (who
poked her neck with a knife) to indulge in
lascivious conduct. Petitioner was
convicted of acts of lasciviousness in
relation to Section 5 (b) of RA 7610.
STATUTORY
RAPE
Having sexual intercourse
with a person, who is UNDER
16 years of age, constitutes
statutory rape. Like the crime
of child abuse under RA 7610,
consent on the part of the
victim to the sexual
intercourse is NOT a defense
in statutory rape. The penalty
for statutory rape is stiffer
than that for sexual abuse.
STATUTORY
ACTS OF
LASCIVIOUSNESS
The circumstances that the child
exploited in prostitution or subjected
to other sexual abuse is under sixteen
(16) of age will qualify acts of
lasciviousness. Under Article 336 of
the Revised Penal Code, the penalty
for acts of lasciviousness is prison
correctional.
If the said qualifying circumstance is
present, the penalty to be imposed is
that provided by RA 7610, and that is,
reclusion temporal in its medium
period.
STATUTORY ACTS
OF LASCIVIOUSNESS
Since the law required that the offender
shall be prosecuted for acts of
lasciviousness when lascivious conduct is
committed against a child exploited in
prostitution or other sexual abuse, who is
under 16 years of age, the prosecution
must establish beyond reasonable doubt
the elements of violation of Article 366 of
the Revised Penal Code. However, to
impose the penalty of reclusion temporal
in its medium period, which is prescribed
by Section 5 (b) of RA 7610, the
prosecution must further establish beyond
reasonable doubt the elements of violation
of Section 5 (b).
STATUTORY ACTS
OF LASCIVIOUSNESS
• For simplification, to impose the
penalty prescribed by Section 5(b) of
RA 7610 for acts of lasciviousness
under the Revised Penal Code, there
are only three elements to consider,
to wit; (1) that the offender
committed lascivious conduct of
lewdness upon the child; (2) that the
child is under 16 years of age; (3)
that the child is exploited in
prostitution or subjected to other
sexual abuse. If all elements are
present, the penalty prescribed by
Section 5 (b) of RA 7610 shall be
imposed for acts of lasciviousness.
PENALTY
The penalty for violation of Section
5 (b) of RA No. 7610 is reclusion
temporal in its medium period to
reclusion perpetua. If there is a
mitigating circumstance, the
imposable penalty is reclusion
temporal in its medium period. It
there is neither mitigating nor
aggravating circumstance, the
imposable penalty is reclusion
temporal in its maximum period. If
there is an aggravating
circumstance, the imposable
penalty is reclusion perpetua.
Section 5 (C)
ELEMENTS:
1. The offender is the
manager or owner of
an establishment
where child
prostitution takes
place; and
2. The offender derives
profit or advantage
from child
prostitution.
ESTABLISHMENT
The term establishment includes sauna, disco,
bar, resort, place of entertainment or
establishment serving as a cover, or which
engages in prostitution.
LICENSED- Even if the establishment is
licensed to operate a business, the manager or
owner thereof can be held liable for child
prostitution if his business serves merely as a
cover to prostitution or engages in prostitution
in addition to the legitimate activity.
UNLICENSED- If the establishment is not
licensed to operate a business or its license has
expired, or has been revoked, such
circumstance will aggravate the penalty for
child prostitution under Section 5 (c) of RA
7610.
Under Section 31, the penalty for child
prostitution shall be imposed in its maximum
period when the perpetrator is a manager or
owner of an establishment which has no
license to operate or its license has expired or
has been revoked.
MANAGER OR OWNER OF
THE ESTABLISHMENT
If the person, who derives profit or advantage
from child prostitution, is a manager or owner of
the establishment where the prostitution takes
place, the crime committed is child prostitution
under Section 5 (c) of RA 7610. Under Section 31
thereof, the penalty for child prostitution shall be
imposed in its maximum period when the
perpetrator is a manager or owner of an
establishment which has not license to operate or
its license has expired or has been revoked.

- If there is no child prostitution that takes place

in the establishment or place of accommodation,
but the owner or manager thereof allows any
person to take along with him to such place of
minor, the crime committed is violation of Section
10 (d) of RA 7610.
WHITE
SLAVERY
Article 314 of the Revised
Penal Code provides: The
penalty of prision mayor
in its medium and
maximum periods shall be
imposed upon any person
who, in any manner, or
under any pretext, shall
engage in the business or
shall profit by prostitution
or shall enlist the services
of another person for the
purpose of prostitution.
NBI vs. Judge Villanueva, AM No.
MTJ-99-1207
It is undisputed that respondent judge accompanied
operator and informed the latter that the women were
looking for jobs. Respondent also accompanied them
when they applied at the KTV night club, where they
eventually worked as GROs. By his acts, respondent
clearly facilitated the employment of the three young
women as GROs. Our present society considers their
work as morally wrong. By facilitating the employment
of the three in a night club as such, he was placing the
then impressionable minors directly on a path of moral
decay. He was exposing them to a seedy world where
the practice of offering one’s flesh in exchange for
money was thrust right in front of their faces. By his
careless acts. Respondent opened himself to the
charges of white slave trade under Article 341 of the
RPC and Violation of RA 7610.
PROMOTING
TRAFFICKING IN
PERSON
Child prostitutes in establishment are trafficked
persons. The owner of the establishment, who
knowingly allow it to be used for the purpose of
promoting trafficking in persons, is liable under
Section 5 (a) of RA 9208, which provides: “The
following acts which promote or facilitate
trafficking in persons, shall be unlawful: (a) To
knowingly lease or sublease, use or allow to be
used any house, building or establishment for
the purpose of promoting trafficking in
persons. Unlike in child prostitution, deriving
profit or advantage from prostitution is not an
element of promoting trafficking of persons.
This crime can be committed regardless of the
age of the prostitutes. The penalty for
promoting trafficking in person is lighter than
that for child prostitution.
 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.
 ELEMENTS:
1. That the offender is found alone with a child in a hidden
or secluded establishment or area;

SECTION 6 2.
3.
That the offender is not a relative of the child;
That there must be circumstances, which would lead to a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
ANY OTHER HIDDEN
OR SECLUDED AREA
The phrase “any other hidden or secluded area”
in Section 6 means that the places specifically
enumerated in the said provision such as motel,
hotel, and inn are examples of hidden or
secluded area. Thus, if the room in a hotel is not
secluded or hidden such as a seminar room,
being alone with a child therein is not
constitutive of the crime of attempted child
prostitution.
-If the secluded establishment is a place of
accommodation, owner or manager or operator
thereof is liable under Section 10 (d) if he allows
any person to take along with him to such place
a child, who is sixteen (16) years or under.
SECTION 6
The offender is not a relative of the child.
-Relationship is an exempting circumstance
in the crime of attempted child prostitution
under Section 6 in relation to Section 5(a).
-However, relationship is not a defense in
CONSUMMATED CHILD PROSTITUTION
under Section 5, and ATTEMPTED CHILD
PROSTITUTION under Section 6 in relation
to Section 5 (b); in fact, relationship is an
aggravating circumstance in these crimes.
-Under Section 31, the penalty provided in
this Act shall be imposed in its maximum
period when the perpetrator is an
ascendant, parent guardian, stepparent, or
collateral relative within the second degree
of consanguinity or affinity.
SECTION 6, 2ND PARAGRAPH
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.
The penalty for
attempted child
trafficking under
Section 6 in relation to
Section 5 (a) is two
degrees lower than that
prescribed for the
consummated crime
under Section 5, and
that is PRISION
CORRECCIONAL in its
MINIMUM PERIOD.
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 sixteen (16) years of
age.
ADOPTION, NOT A DEFENSE
Sale of a child for a valuable consideration
consummates the crime of child trafficking.
Even if the buyer judicially adopts the child
bought, he cannot escape criminal liability
under Section 7.
-If the adoption is made for the purpose of
prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude,
debt bondage, removal or sale or organs of the
child, or engagement in armed activities, the
crime committed is trafficking in person under
RA 9208.
Trafficking in
person
Human trafficking involving a child is
punishable under RA 7610 or RA
9208. Under Section 12-D(1) in relation
to Section 16 of RA 7610, any person
who commits acts of trafficking
involving children, shall be prosecuted
and penalized under RA 9208.
-Engaging in trading and dealing with
children constitute the crime of child
trafficking under Section 7 of RA
7610. However, engaging in trading
and dealing with children for purposes
of prostitution, pornography or
slavery constitutes qualified
trafficking in person under RA 9208.
 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
therefore and without clearance issued by the Department of Social
Welfare and 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.
 Any person who shall hire, employ, use,
OBSCENE persuade, induce or coerce a child to
perform in obscene exhibitions and

PUBLICATIONS indecent shows, whether live or in

video, or model in obscene publications
or pornographic materials or to sell or
AND INDECENT distribute the said materials shall suffer
the penalty of prison mayor in its
SHOWS 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.
 The crime of obscene publication and indecent
SUBJECTIVE shows is complete or consummated the very
moment the offender hires, employs, uses,
AND persuades, induces or coerces a child for purpose
NORMATIVE of pornography. The act of hiring, employing,
using, persuading, inducing or coercing is the
ELEMENTS normative element of the crime, while the
“pornographic purpose” is the subjective element.
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.
Definition of
terms
Debasement is defined as the
act of reducing the value,
quality, or purity of something;“
Degradation," on the other
hand, is a lessening of a person's
or thing's character or quality
while "demean" means to lower
in status, condition, reputation,
or character. (Calaoagan v.
People, G.R. No. 222974, March 20,
2019)
The accused was charged under Section 10(a) because
he struck and slapped the face of a minor, after finding
out that the latter threw stones at the accused's own
minor daughters and burnt the hair of one of them.
The Court therein ruled that the laying of hands
against a child, when done at the spur of the moment
and in anger, cannot be deemed as an act of child
abuse under Section 10(a), as the essential element of
intent to debase, degrade or demean the intrinsic
worth and dignity of the child as a human being is not
present. “The records did not establish beyond
reasonable doubt that his laying of hands on Jayson
had been intended to debase the "intrinsic worth and
dignity" of Jayson as a human being, or that he had
thereby intended to humiliate or embarrass
Jayson. The records showed the laying of hands on
Jayson to have been done at the spur of the moment
and in anger, indicative of his being then overwhelmed
by his fatherly concern for the personal safety of his
own minor daughters who had just suffered harm at
the hands of Jayson and Roldan. With the loss of his
self- control, he lacked that specific intent to debase,
degrade or demean the intrinsic worth and dignity of a
child as a human being that was so essential in the
crime of child abuse.” (BONGALON V. PEOPLE
G.R. NO. 169533, MARCH 20, 2013)
The accused, after the Court determined her to
have lacked the specific intent to debase the minor
victim, was convicted only of slight physical
injuries under the RPC instead of child abuse
under R.A. 7610 for which she was charged.
The accused, after being informed that her
daughter's head was punctured, thought the latter
was already dead. The accused fainted and when
she regained consciousness, she slapped and
choked the minor victim who she believed had
harmed her daughter. The Court held that the
spontaneity of the accused's acts and the fact that
the victim suffered only minor abrasions show
that the laying of hands was an offshoot of the
accused's emotional outrage and a desire to rescue
her own child from harm; hence, there was no
specific intent to debase the intrinsic worth of the
child. (Jabalde v. People G.R. No. 195224. June 15,
2016)
The accused, right after being
informed by her own child that
the minor victim had berated the
former, immediately confronted
the victim and furiously
shouted: "[h]uwag mong
pansinin yan. At putang ina yan.
Mga walang kwenta yan, [m]ana-
mana lang yan!" The Court
acquitted the accused of the
charge of child abuse for failure
of the prosecution to prove that
the utterances were specifically
intended to debase the child,
they being only offhand remarks
brought about by the spur of the
moment and out of parental
concern for her child
(TALOCOD V. PEOPLE, G.R.
NO. 250671, OCT 7, 2020)
Section 10.
(b) Any person who shall keep or have in his company a minor, sixteen
(16) 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.
Section 10.
(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.