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7610
Child Protection Program
What is the Special Committee for the Protection of Children?
It is a body charged with monitoring the implementation of Republic
Act No. 7610, "The Special Protection For a Child Against Abuse,
Exploitation, and Discrimination Act" (June 17, 1992)
Who is considered a child under R.A. No. 7610?
A child one who is below 18 years of age or one who is over 18 years of
age but who cannot take care of himself fully because of a physical or
mental disability or condition.
What is child abuse?
It is any act which inflicts physical or psychological injury, cruelty to or
the neglect, sexual abuse of, or which exploits, a child.
What is cruelty?
It is any word or action which debases, degrades or demeans the
dignity of a child as a human being.
Is discipline administered by a parent or legal guardian on a
child considered cruelty?
No, if it is reasonably administered and moderate in degree and does
not cause physical or psychological injury.
What physical injury is considered as child abuse?
One that causes severe injury or serious bodily harm to child, such as
lacerations, fractured bones, burns or internal injuries.
What psychological injury is considered as child abuse?
One that harms a child's psychological or intellectual functions. This
may be exhibited by severe anxiety, depression, withdrawal or outward
aggressive behavior or a combination of said behaviors.
What is child neglect?
It is failure of a parent or legal guardian to provide, for reasons other
than poverty, adequate food, clothing, shelter, basic education or
medical care so as to seriously endanger the physical, mental, social
and emotional growth and development of the child.
What is child sexual abuse?
It is the employment, use, persuasion, inducement, enticement or
coercion of child to engage in, or assist another person to engage in
sexual intercourse or lasciviousness conduct or the molestation or
prostitution of, or the commission of incestuous acts, on, a child.
Commission on Human Rights Child Rights Center Tel. No. 9274033 (Mon-Fri during office hours)
Philippine National Police Operation Center Tel. Nos. 7128613/722-0540 & 724 8749 or nearest police station
DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89, loc.
378 or contact the nearest Provincial, City or Regional Prosecutor
George was charged for violation of Section 10 (a) of Republic Act 7610
when he allegedly hit Jayson, a 12-year old sixth grader, with his palms
hitting Jayson at his back, and slapping him, at the same time uttering
derogatory remarks, which acts according to the Information filed
against him, are prejudicial to the childs development and which
demean the intrinsic worth and dignity of Jayson as a human being. In
his defense, Geogre denied having physically abused or maltreated
Jayson. He explained that he merely confronted Jayson after Mary Rose
and Cherrylyn, his minor daughters, had told him about Jayson and
Roldans throwing stones and them and Jaysons burning of Cherrylyns
hair. Mary Rose corroborated his fathers testimony, describing his
father as a loving father.
After trial the RTC convicted him as charged and sentenced him to six
years and one to eight years of prision mayor in its minimum period.
The
Court
of
Appeals
modified
the
judgment
by
suffer
the
indeterminate penalty of (4) years, two (2) months and one (1) day of
prision correccional, as minimum term, to six (6) years, eight (8)
months and 1 day of prision mayor as the maximum term.
Jayson filed a petition for certiorari to reverse his conviction for child
abuse.
The Supreme Court granted Georges appeal, even though he adopted
the wrong remedy:
The law under which the petitioner was charged, tried and found
guilty of violating is Section 10 (a), Article VI of Republic Act No. 7610,
which relevantly states:
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and other Conditions Prejudicial to the
Childs Development.
(a) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or be responsible for other
conditions
prejudicial
to
the
childs
development
xxxx
Child abuse, the crime charged, is defined by Section 3 (b) of Republic
Act No. 7610, as follows:
Section 3. Definition of terms.
xxxx
(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
impairment
of
his
growth
and
Although we affirm the factual findings of fact by the RTC and the CA to
the effect that the petitioner struck Jayson at the back with his hand
and slapped Jayson on the face, we disagree with their holding that his
acts constituted child abuse within the purview of the above-quoted
provisions. 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.
It is not trite to remind that under the well-recognized doctrine of pro
reo every doubt is resolved in favor of the petitioner as the accused.
Thus, the Court should consider all possible circumstances in his favor.
[18]
What crime, then, did the petitioner commit?
Considering that Jaysons physical injury required five to seven days of
medical attention, the petitioner was liable for slight physical injuries
under Article 266 (1) of the Revised Penal Code, to wit:
Article 266. Slight physical injuries and maltreatment.
The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the
offended party for labor from one to nine days,
or shall require medical attendance during the
same period.
xxxx
The penalty for slight physical injuries is arresto menor, which ranges
from one day to 30 days of imprisonment. In imposing the correct
penalty, however, we have to consider the mitigating circumstance of
passion or obfuscation under Article 13 (6) of the Revised Penal Code,
because the petitioner lost his reason and self-control, thereby
diminishing the exercise of his will power. Passion or obfuscation may
lawfully arise from causes existing only in the honest belief of the
accused. It is relevant to mention, too, that in passion or obfuscation,
the offender suffers a diminution of intelligence and intent. With his
having acted under the belief that Jayson and Roldan had thrown
stones at his two minor daughters, and that Jayson had burned
Cherrlyns
hair,
the
petitioner
was
entitled
to
the
mitigating
Act of 1997 vested the family court with exclusive original jurisdiction
on guardianship of minor.
THE FAMILY COURT ACT OF 1997 (RA 8369)
The establishment of Family Court is provided under RA 8369.
Sec. 5 provides thee xclusive jurisdiction of Family court over cases
involving:
A.) Criminal cases where one or more of the accused is below 18
years of age but not less than 9 years of age but not less than 9
years or where one or more of the victims is a minor at the time
of the commission of the offense; Provided, that if the minor is
found guilty, the Court shall promulgate sentence and ascertain
any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of
application pursuant to PD 603 (Child and Youth Welfare Code;
B.) Petitions for guardianship, custody of children, habeas corpus in
relation to the latter;
C.)Petitions for adoption of children and the revocation thereof.
D.)Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status and property
relations of husband and wife or those living together under
different status and agreements , and petitions for dissolution of
conjugal partnership of gains;
E.) Petitions for support and/or acknowledgment ;
F.) Summary judicial proceedings brought under the provisions of EO
No. 209 (Family Code of the Philippines).
G.)Petitions for declaration of status of children as abandoned,
dependent or neglected children, petitions for voluntary or
involuntary commitment of children; the suspension, termination
or restoration of parental authority and other cases cognizable
under PD No. 603, EO 56 (series of 1986), and other related laws;
H.)Petitions for the constitution of the family home;
I.) Cases against minors cognizable under the Dangerous Drugs Act
as amended;
J.) Violations of RA No. 7610 (Special protections of Children Against
Child Abuse, exploitation and Discrimination Act), as amended by
RA 7658;
K.) Cases or domestic violence against:
a. Women- which are acts of gender based violence that
results or are likely tor esult in physical, sexual or
psychological harm or suffering to women; and other
BP Blg. 129 vested the RTC has the jurisdiction over guardianship
proceedings regardless of the amount of property involved and without
any distinction over the estate or person or both. RA 8369 vested the
family court with exclusive original jurisdiction on guardianship of
minor.
http://www.slideshare.net/lspujurists/special-rules-on-implementingthe-family-court-act-of-1997