Article 19 of the Convention on the Rights of the Child mandates the enactment of all

measures to safeguard the child from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.1 In line with
this, RA 7610 was passed “to provide special protection to children from all forms of abuse,
neglect, cruelty exploitation and discrimination and other conditions, prejudicial their
development”2 Accordingly,

"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.”3

The specific punishable acts under the said law are outlined below.

Child Prostitution

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.4
Not only are the ones offering the services of a child prostitute are liable under the said Act.5
Those who procure the services of a child prostitute are equally liable as well.6 It must be noted
furthermore that there is an attempt to commit child prostitution where a person, 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.”7

Child Trafficking

1
Art 19, Convention on the Rights of the Child, General Assembly resolution 44/25
2
§ 2, RA 7610, Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
3
Par (b), § 3, RA 7610.
4
§ 5, RA 7610.
5
Id.
6
Id.
7
Id. § 6.
 There is child trafficking when a person is engaged in the 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.8

There is an attempt to commit child trafficking

(I) When a child travels alone to a foreign country without valid reason
therefor 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;
(II) When a person, agency, establishment or child-caring institution
recruits women or couples to bear children for the purpose of child trafficking;
or
(III) 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
(IV) 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 9

Other Acts of Abuse

Engaging a child in obscene publications and indecent shows is punishable as well under
the law.10 Noteworthy is the fact that a mere inducement of the child, as well as the distribution
of such obscene publication can hold a person liable.11

Lastly, and most importantly, if the act does not fall squarely under the above definitions,
the law punishes “other acts of child abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development”.12 Examples of those acts include parents who:
(I) Conceals or abandons the child with intent to make such child
lose his civil status.
(II) Abandons the child under such circumstances as to deprive
him of the love, care and protection he needs.
(III) Sells or abandons the child to another person for valuable
consideration.
(IV) Neglects the child by not giving him the education which the
family's station in life and financial conditions permit.
(V) Fails or refuses, without justifiable grounds, to enroll the
child as required by Article 72.
(VI) Causes, abates, or permits the truancy of the child from the
school where he is enrolled. "Truancy" as here used means
absence without cause for more than twenty schooldays, not
necessarily consecutive.

8
Id. §7.
9
Id.
10
§ 9. RA 7610.
11
Id.
12
Id. § 10.
 (VII) 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
schooldays.
(VIII) 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.
(IX) Inflicts cruel and unusual punishment upon the child or
deliberately subjects him to indignation and other excessive
chastisement that embarrass or humiliate him.
(X) Causes or encourages the child to lead an immoral or dissolute
life.
(XI) Permits the child to possess, handle or carry a deadly weapon,
regardless of its ownership.
(XII) Allows or requires the child to drive without a license or with
a 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.13

13
Art 59, PD 603, The Child and Youth Welfare Code.