Republic Act No.

7610

“Special Protection of Children

Against Child Abuse, Exploitation
and Discrimination Act”
• The State shall intervene on behalf of
the Child when the parent, guardian,
teacher or person having care or
custody of the child, or fails or unable to
protect the child against abuse,
exploitation and discrimination.
• It shall be the policy of the State to
protect and rehabilitate children gravely
threatened or endangered by
circumstances which affect or will affect
their survival and normal development
and over which they have no control.
• The best interests of children
shall be the paramount
consideration
• "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;
"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.
CRUELTY
• 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 as defined
herein;
PHYSICAL INJURY
• Includes but is not limited to
lacerations, fractured bones, burns,
internal injuries
PSYCHOLOGICAL INJURY
• Means harm to a child’s psychological or
intellectual/functioning which may be exhibited by
severe anxiety, depression, withdrawal or outward
aggressive behavior or a combination of said
behavior, • May be demonstrated by a change in
behavior, emotional response or cognition;
PSYCHOLOGICAL INJURY
• Means harm to a child’s psychological or
intellectual/functioning which may be exhibited by
severe anxiety, depression, withdrawal or outward
aggressive behavior or a combination of said
behavior, • May be demonstrated by a change in
behavior, emotional response or cognition;
6.NEGLECT
• Means failure to provide, for reasons other
than poverty, adequate food, clothing, shelter,
basic education or medical care (to seriously
endanger the physical, mental, social and
emotional growth and development of the child);
SEXUAL ABUSE
• Includes 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;
8.LASCIVIOUS CONDUCT
Intentional touching with malice or lust,
either directly or through clothing, of the
genitalia, anus, groin, breast, inner thigh, or
buttocks or any part of the body .
9.EXPLOITATION

Hiring, employment, persuasion, inducement or coercion of a child to

perform in obscene exhibition and indecent shows, whether live or in
video or film, or to pose or act as a model in obscene publication or
pornographic materials, or to sell or distribute said materials;

* Hiring and employment for purposes of prostitution now punishable

under R.A. 9208 (Anti-Trafficking in Persons Act of 2003)
OTHER ACTS OF ABUSE

May be committed by:

• Any parent who commits any other acts of child abuse,
such as:
• a. Conceals or abandons the child with intent to make
such child lose his civil status.
• b. Abandons the child under such circumstances as to
deprive him of the love, care and protection he needs.
c.Neglects
the child by not giving him the education w
hich
the family’s situation in life and financial
conditions permit.

• d. Fails or refuses, without justifiable ground,

to enroll the child.
e. Causes, abates or permits the truancy of the child from the
school where he is enrolled. “Truancy” as herein used means
absence without cause for more than twenty school days, not
necessarily consecutive. It shall be the duty of the teacher in charge
to report to the parents the absences of the child the moment these
exceed five (5) school days.

• f. Improperly exploits the child by using him, directly or indirectly,

such as for purposes of begging and other acts which are inimical to
his interest and welfare.
g.Inflicts
cruel and unusual punishment upon the child or
deliberately subjects him to indignations and other
excessive chastisement that embarrass or humiliate him.

• h.Causes or encourages the child to lead an immoral or

dissolute life

• i.Permits the child to posses, handle or carry a deadly

weapon, regardless of its ownership.
“Parents” as herein used shall include the guardian and
the head of the institution or foster home which has custody
of the child.

• j. Allows or requires the child to drive without a license or

with license which the parent knows to have been illegally
procured. If the motor vehicle driven by the child belongs to
the parent, it shall be presumed that he permitted or ordered
the child to drive.
I. Any person who shall 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,
disco, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places.

• Exception: Person related within the fourth degree of consanguinity

or affinity or any bond recognized by law, local customs and tradition
or acts in the performance of a social, moral or legal duty.
II. Any person who shall induce or deliver or offer a min
or
to anyone prohibited under R.A. 7610.

• III. Any person, owner, manager or one trusted 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 such place or places any minor herein described.
IV. Any person who shall use, coerce, force or inti
midate a
street child or any other child to:

• a. beg or use begging as a means of living;

• b. act as conduit or middleman in drug trafficking or
pushing;
• c. conduct any illegal activities.
Who May File A Complaint?

• Parents or Guardians
• Ascendant or collateral relative within 3rd degree of consanguinity
• Officer, social worker or representative of a licensed child-caring institution
• Officer or social worker of the DSWD
• Offended Party
• Barangay Chairman, or
• Three (3) concerned, responsible citizens where the offense was committed
Duty to Report

• Teachers and administrators in public schools

• Probation Officers
• Government lawyers
• Barangay officials
• Correction officers and other government officials and employees
whose work involves dealing with children
Mandatory Reporting (IRR)

• Attending physician and nurse

• Head of public or private hospital, medical clinic and similar
institution *failure to report: fine > P2,000.00
Other Features:
• Protective Custody of the Child (DSWD will be free from any
administrative, civil or criminal liability)

• Confidentiality -Protection of victim from undue publicity (IRR) -

Unauthorized disclosure of records: Fine>P2,400.00 or
imprisonment— >1 yr or both
 REPUBLIC ACT NO. 9344

AN ACT ESTABLISHING A COMPREHENSIVE

JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
 REPUBLIC ACT NO. 9344

AN ACT ESTABLISHING A COMPREHENSIVE

JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
 "Child in Conflict with the Law"
(CICL)
refers to a child who is alleged as,
accused of, or adjudged as, having
committed an offense under Philippine
laws.
"Child at Risk" refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:

(1) being abused by any person through sexual, physical, psychological,

mental, economic or any other means and the parents or guardian refuse,
are unwilling, or unable to provide protection for the child;

(2) being exploited including sexually or economically;

(3) being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or
guardian;

(5) being out of school;

(6) being a streetchild;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or drug abuse; and

(9) living in situations of armed conflict.

 Minimum Age of Criminal Responsibility

- A child fifteen (15) years of age or under at the time of the commission of
the offense shall be exempt from criminal liability. However, the child shall
be subjected to an intervention program pursuant to Section 20 of this Act.

- A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate proceedings in
accordance with this Act. The exemption from criminal liability herein
established does not include exemption from civil liability, which shall be
enforced in accordance with existing laws.
MUNICIPALITY OF SAN MIGUEL
LOCAL ORDINANCES
MUNICIPAL LOCAL ORDINANCE NO. 31-2017
AN ORDINANCE AMENDING SECTION 4 OF
ORDINANCE NO. 15, SERIES OF 2000, ENTITLED: AN
ORDINANCE ENFORCING THE MUNICIPAL WIDE HOUR FROM
10:00 PM TO 4:00 AM
AND PROVIDING PENALTY FOR ANY VIOLATION
THEREOF; BY AMENDING THE PENALTY FROM P50.00 TO
FIRST OFFENSE-P500.00;
SECOND OFFENSE- P1,000.00
AND THIRD OFFENSE- P2,000.00 WITH COMMUNITY SERVICE.
 MUNICIPAL LOCAL
ORDINANCE NO. 31-2017
 MUNICIPAL LOCAL ORDINANCE NO. 18-2016
AN ORDINANCE REGULATING THE OPERATION OF VIDEO-K UP
TO 10:00 O’CLOCK IN THE EVENING ONLY

PENALTY

FIRST OFFENSE-P500.00;
SECOND OFFENSE- P1,000.00
AND THIRD OFFENSE- P1,500.00 OR CANCELLATION OF THE
BUSINESS PERMIT
 MUNICIPAL LOCAL ORDINANCE NO. 18-2016
AN ORDINANCE REGULATING THE OPERATION OF VIDEO-K UP
TO 10:00 O’CLOCK IN THE EVENING ONLY

PENALTY

FIRST OFFENSE-P500.00;
SECOND OFFENSE- P1,000.00
AND THIRD OFFENSE- P1,500.00 OR CANCELLATION OF THE
BUSINESS PERMIT
 MUNICIPAL LOCAL ORDINANCE NO. 35-2017
AN ORDINANCE PROHIBITING THE SELLING OF CIGARETTE AND
LIQUOR TO MINORS IN THE MUNICIPALITY OF SAN MIGUEL

PENALTY

FIRST OFFENSE-P500.00;
SECOND OFFENSE- P1,000.00
AND THIRD OFFENSE- P1,500.00
MUNICIPAL LOCAL ORDINANCE NO. 42-2017
AN ORDINANCE PROHIBITING THE DRINKING OF ALCOHOL
BEVERAGE IN PUBLIC STREETS, SIDEWALKS AND ANY OTHER
PUBLIC PLACES WITHIN THE MUNICIPALITY OF SAN MIGUEL

PENALTY

FIRST OFFENSE-P500.00;
SECOND OFFENSE- P1,000.00
AND THIRD OFFENSE- P1,500.00 OR BOTH IMPRISONMENT
UPON THE DISCRETION OF THE COURT
MUNICIPAL LOCAL ORDINANCE NO. 43-2017
AN ORDINANCE PROHIBITING ANY PERSON TO GO OUT IN
PUBLIC PLACES WITHOUT ANY UPPER CLOTHING OF THIS
MUNICIPALITY

PENALTY

FIRST OFFENSE-P500.00;
SECOND OFFENSE- P1,000.00
AND THIRD OFFENSE- P1,500.00 OR BOTH IMPRISONMENT
UPON THE DISCRETION OF THE COURT
MUNICIPAL LOCAL ORDINANCE NO. 40-2017
AN ORDINANCE PROHIBITING THE SALE,
MODIFICATION, FABRICATION, USE AND/OR
OPERATION OF MOTOR VEHICLES WITH ORIGINAL OR
MODIFIED MUFFLERS CAUSING UNREASONABLE AND
EXCESSIVE NOISE WITHIN THE MUNICIPALITY OF SAN
MIGUEL, AND PRESCRIBING PENALTIES THEREOF.
MUNICIPAL LOCAL ORDINANCE NO. 40-2017
PENALTY

1. P2,500.00 IN ADDITION , THE SUBJECT MOTOR VEHICLE SHALL BE

IMPOUNDED, AND P1,000 FOR THE REMOVAL OF THE NOISY MUFFLER,
AND THE PLACEMENT OF THE PRESCRIBED MUFFLER.

2. P2,500.00 AND REVOCATION OF ITS BUSINESS PERMIT.

3. P2,500.00, PROVIDED THAT VIOLATING BUSINESS ESTABLISHMENT

WITHOUT THE REQUIRED BUSINESS PERMIT SHALL BE SUBJECT TO
CLOSURE.