SPL - Module 2 (1/2) Flashcards
This Deck Covers:
Anti-Child Abuse Law (done)
Anti-Child Pornography Act (done)
Anti-Sexual Harassment Act (done)
Bawal-Bastos Law (done)
This Deck Covers:
Anti-Child Abuse Law
Anti-Child Pornography Act
Anti-Sexual Harassment Act
Bawal-Bastos Law
ANTI CHILD-ABUSE LAW
RA 7610
Who are those who are considered as Children?
- Persons 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
[Sec 3(a)]
What is Child abuse?
Child abuse refers to the MALTREATMENT, whether habitual or not, of the child which includes ANY of the following:
- Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
- Any[ act by deeds or words] which DEBASES, DEGRADES or DEMEANS the intrinsic worth and dignity of a child as a human being;
- UNreasonable deprivation of his basic needs for survival, such as food and shelter; or
- Failure to immediately give medical treatment to an injured child resulting in
a. SERIOUS IMPAIRMENT impairment of his growth and development or
b. in his PERMANENT INCAPACITY or
c. DEATH.
What is Child trafficking?
There is child trafficking when ANY person engages 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.
note
- 7610 purpose is money
- RA trafficking in persons has exploitative purposes
(LEE)
When to charge child trafficking under RA 7610 vs when to charge qualified trafficking in person under RA 9208 as amended by RA 10364?
RA 7610 (section 7)
- if he sells child for money
RA 9208 (section 6)
- if he he sells her for purposes of sexual, labor or organ exploitation.
BASICALLY: there is exploitative purpose in 9208.
What are the acts punishable under this law?
- Child prostitution and other sexual abuse;
- Child trafficking;
- Obscene publications and indecent shows;
- Other acts of abuses; and
- Circumstances which threaten or endanger the survival and normal development of children.
Who are the persons liable?
[SEC 5a]
Those who [fpie] engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:
a. Acting as a procurer of a child prostitute;
b. Inducing a person to be a client of a child prostitute by means of WRITTEN or ORAL ADERTISEMENTS or other similar means;
c. Taking advantage of influence [or] relationship to procure a child as PROSTITUTE;
d. Threatening or using violence towards a child to engage him as a prostitute; or
e. Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
[SEC 5b]
2. Those who commit the act ((?))OF((?)) sexual intercourse OF lascivious conduct with a child exploited in prostitution [or] subject to other sexual abuse;
Provided, that when the victims is UNDER twelve (12) 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; and
note
- i fact checked sexual intercourse “OF” lascivious conduct but it might be “OR” since the opening statement uses OR and used “OF” in sec 5b
- amended by 11648, 5b contemplated age is now “UNDER 16” to prosecute for rape
[SEC 5c] - (i think liable still as PRINCIPAL)
3. 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.
What are the acts considered as ATTEMPT to commit child PROSTITUTION?
Sec 6
(1)
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
(2)
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
What are the acts considered as ATTEMPT to commit TRAFFICKING?
sec 8
(1) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the DSWD or written permit or justification from the child’s parents or legal guardian;
(2) When a pregnant mother executes an affidavit of CONSENT FOR ADOPTION for a consideration
(3) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or
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
(4) 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.
What are the acts considered as 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;
- If the child used as a performer, subject or seller/distributor is [BELOW] twelve (12) years of age; and
- 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.
What are other acts of abuse? (sec 10)
you wont believe number 5
- 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;
- 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, 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, l
- local custom and tradition [or]
- acts in the performance of a social, moral or legal duty; - Any person who shall [dio]induce, deliver or offer a minor to any one prohibited by this Act to keep [or] (to) have in his company a minor as provided in the preceding paragraph;
- 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; or
- Any person who shall use, coerce, force or intimidate a street child or any other child to;
a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug trafficking or pushing; or
c. Conduct any illegal activities
What are considered as WORST forms of CHILD LABOR under sec. 3 of RA 9231?
The phrase “worst forms of child labor” shall refer to any of the following:
-
All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, [or] practices SIMILAR TO SLAVERY such as
a. sale & trafficking of children,
b. debt bondage & serfdom and
c. forced or compulsory labor, including recruitment of children for use in armed conflict; or - The use, procuring, offering or EXPOSING of a child for prostitution, for the production of pornography or for pornographic performances; or
- The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
-
Work which, by its nature or the circumstances in which it is carried out, is hazardous or LIKELY to be harmful to the health, safety or morals of children, such that it:
a. DEBASES, DEGRADES, DEMEANS the intrinsic worth and dignity of a child as a human being; or
b. Exposes the child to physical, emotional or sexual abuse, [or] is found to be highly stressful psychologically or may prejudice morals; or
c. Is performed UNDERGROUND, underwater or at dangerous heights; or
d. Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power actuated tools; or
e. Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or
f. Is performed in an UNHEALTHY ENVIRONMENT exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or
g. Is performed under particularly difficult conditions; or
h. Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or
i. Involves the manufacture or handling of explosives and other pyrotechnic products.”
What is the general rule regarding employment of children and what are its exceptions
Children BELOW fifteen (15) years of age SHALL NOT BE employed EXCEPT:
- When a child works directly under the sole responsibility of his parents or legal guardian [and] where ONLY members of the employer’s family are employed:
- [Provided, however], That his employment neither endangers his life, safety and health and morals, [nor] impairs his normal development:
- [Provided, further], That the parent or legal guardian shall provide the said minor child with the prescribed primary AND/OR secondary education; or
- When a child’s employment OR participation in [pie]public & entertainment or information through cinema, theater, radio or television is ESSENTIAL:
- Provided, the EMPLOYMENT CONTRACT concluded by the child’s parent or guardian, with the express agreement of the child concerned, if possible, [and] the approval of DOLE (Department of Labor and Employment):
- Provided, That the following requirements in ALL instances are STRICTLY complied with:a. The employer shall ensure the protection, health, safety and morals of the child;
b. The employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and;
c. The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases [1, 2] where any such child may be employed, the employer shall first secure, BEFORE ENGAGING SUCH CHILD, a work permit from DOLE which shall ensure observance of the above requirement.
What does the provision on discrimination say in RA 7610?
Prohibition on Discrimination Against Children of Indigenous Cultural Communities: (Sec. 20, RA 7610)
Children of indigenous cultural communities [cicc] shall not be subjected to any and all forms of discrimination.
What are the ELEMENTS OF SEXUAL ABUSE under sec. 5(a) art. 3 of RA 7610?
|OR|
Two Kinds of Child Prostitution and Other Sexual Abuse: Punishes acts pertaining to or connected with child prostitution. (under Sec. 5(a), RA 7610)
[sec 5a]
Those who [fpie] engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:
a. Acting as a procurer of a child prostitute;
b. Inducing a person to be a client of a child prostitute by means of WRITTEN or ORAL ADERTISEMENTS or other similar means;
c. Taking advantage of influence [or] relationship to procure a child as PROSTITUTE;
d. Threatening or using violence towards a child to engage him as a prostitute; or
e. Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
- The child is exploited or intended to be exploited in prostitution; and
- The child, male or female, is below 18 years of age.
What are the ELEMENTS OF SEXUAL ABUSE under sec. 5(b) art. 3 of RA 7610?
|or|
Punishes sexual intercourse or lascivious conduct not only with a child exploited in prostitution but also with a child subjected to other sexual abuse. (under Sec. 5(b), RA 7610)
- Accused commits the act of sexual intercourse OR lascivious conduct;
- The act is performed with a child exploited in prostitution [or] subjected to other sexual abuse; and
- The child, male or female, is below 18 years of age.
Will the charge under violation of sec. 5(b) bar prosecution for rape?
Will a finding that an accused is not guilty in a charge for rape cause the dismissal of violation of sec. 5(b) of RA 7610?
Both No
APRIL 4 - LECTURE (1HR)
APRIL 4 - LECTURE (1HR)
7610 - special child is covered.
SPECIAL PHRASE TO MEMORIZE
debases, degrades, or demeans
catch-all phrase when explaining Child abuse cases.
ON THE EXPLOITATIVE PURPOSES
Forced Labor (Sec. 3(d), RA 10364)
Refers to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work or service extracted from any person under the menace of penalty.
almost the same as White Slavery (Art. 202)
debtor pledinging services who they consider as creditor. and C will determine WoN if the services is sufficient to pay for whatever obligation he may have incurred.
ON THE EXPLOITATIVE PURPOSES
Debt Bondage (Sec. 3(i), RA 10364)
will not fall under sec. 7 of 7610 because of the exploitative purpose of the debt bondage so 9208.
BUT if addition to the debt bondage, the child
Liable for Child Prostitution
on dark web, they make advertisements for child prostitution in the dark web.
it can be cybercime
ICT - information communication technology
if the act of selling the child as a child prsoti, it will fall under 7610 BUT IN ADDITION, he can be charged for cybercrime for advertisement
Back on 7610
“Obscene Publications and Exhibitions, and Indecent Shows””
when is it 201? when is it 7610?
confusion comes into child TRAFFICKING it fall on RA 7610 (7)
when is it child trafficking in 7610? when is it 9208?
RA 7610 (7) - Child Trafficking
There is child trafficking when any person engages 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.
RA 9208 - Child Trafficking
- not only act but also the exploitative purposes
- 3 elements involved
a. act
b. means +
c. exploitative purpose
- purpose of exploitation is sufficient, need not for it to happen.
if there is no ‘C’, then it will fall in 7610
Attempt to Commit Child Trafficking
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;
in actual practice, it’s best to cover all.
ON THE EXPLOITATIVE PURPOSES
prostituion in relation to 9208 |v| prostitutiion with the RPC
9208
Refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration
- you dont call them prostitutes but “prostituted persons” because here they are the VICTIMS
- no need to be habitually engaged. once is sufficient.
- either girl or a boy
202 RPC
- only woman
-
sec 5(d) of 7610, that’s already amended. – basically not 7610 if under 12 years old because it is statutory rape
ATTEMPT TO COMMIT CHILD PROSTIUTION
- does not cover definition of ‘attempted felony’ under art. 6 of the RPC does not apply here.
SEC 6
“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. xxx”
mere fact that you are alone with the cihld and not related and found on these places.
remeber the ayala van with the dim lit and the tint. then that mere happening is an attempt to commit child prostitution
mere fact that you are receiving services will make you liable
Attempt to Commit Child Trafficking
When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or
this is covered 9208 but it must have any of the exploitative purposes
ex. you have good genes, the organs of the child will be harvested
Attempt to Commit Child Trafficking
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
a birth simulated so that the offender can bring the child
7610 Obscene publication
take note of penalty – prison mayor
can you persecute of 7610 and RPC (either one of the mhas a penalty of one degree higher)
the SC is not clear about that but the consesus is that you can prosecute because of the ADDITIONAL ELEMENT not required in ..
SEC 9
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.
PM
letting the child sell obscene materials
this is a qualifying circumstnace
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.
‘any othe acts’
those above mentioned in sec 9
section 10 on OTHER ACTS OF ABUSE
“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.”
if a 27 year old is with a 17 year old in a beach or in a massage parlor.
what is the crime?
one then is liable for other acts of abuse.
section C.
“kuyogi na si inday, maay na siya masahe”
that person who induced is liabel
section d.
” who allows any person to take along with him to such place or places any minor herein described”
you are the manager of a beer joint, you see an adult with the minor, is there liablilty?
yes, under section 10 on other acts of abuse
Prohibition Against Worst Forms
of Child Labor of 7610
they have exploitative purposes, so shouldn’t they
when will it be 10-E or 12-D
when child used as peddler of drugs (section 12-D context is child labor) or done in a constant basis
if it is one-time big time section 10-E
Prohibition Against Worst Forms of Child Labor
RA 7610 sec. 3 amended by 9231
- All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or
since this has an exploitative purpose, then should it be 9208 instead of 7610?
9208 needs the act, means, and exploitative purposes.
might as well prosecute with the 9208
ANTI-CHILD PORNOGRAPHY ACT
9775
