EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES.

__ Introduced by Representative Rufus B. Rodriguez
4867

House Bill No.

EXPLANATORY NOTE

ARTICLE XV, Section 3, Paragraph 2 states:
The right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation and
other conditions prejudicial to their development;

To this end, Republic Act 7610 or the Special Protection of Children Against Abuse,
Exploitation, and Discrimination Act was enacted to protect our children. More than 20 years
after the passage of the law, there are still numerous instances of abuse and exploitation
Hence this bill which gives the law more teeth

In view of the foregoing, immediate passage of this measure is earnestly requested.


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.

AN ACT
IMPOSING STIFFER PENALTIES FOR CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7610, AS
AMENDED

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 9 of Republic Act No. 7610, otherwise known as the “Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act’, is hereby amended to
read as follows:
“SEC. 9. 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, pose, or model in
‘obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of [prision mayor] RECLUSION TEMPORAL in
its 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]
RECLUSION PERPETUA
“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] RECLUSION
TEMPORAL in its [medium] MAXIMUM period.”

SEC. 2. Section 10 of the same Act as amended, is hereby amended to read as follows:

“SEC. 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 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] RECLUSION TEMPORAL in its
minimum period

“(b) 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, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort or similar places shall
suffer the penalty of [prision mayor| RECLUSION TEMPORAL in its
[maximum] MEDIUM period and a fine of not less than [Fifty thousand pesos
(P50,000)] FIVE HUNDRED THOUSAND PESOS (P500,000.00): 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]
MAXIMUM period and a fine of not less than [Forty thousand pesos (P40,000)]
FOUR HUNDRED THOUSAND PESOS (P400,000.00): Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor, the
penalty to be imposed shalll be [prision mayorJRECLUSION TEMPORAL in its
[maximum] MEDIUM period, a fine of not less than [Fifty thousand pesos
(P50,000)] FIVE HUNDRED THOUSAND PESOS (P500,000.00), and the loss of
parental authority over the minor.

“THE OFFENDER SHALL _ LIKEWISE _ UNDERGO Ad
REEDUCATION AND REORIENTATION PROGRAM ON CHILD PROTECTION
TO BE CONDUCTED BY
THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT.

“(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] MAXIMUM. period and a fine of not less
than [Fifty thousand pesos (P50,000)] FIVE HUNDRED THOUSAND PESOS
(P500,000.00), and the loss of the license to operate such a place or
establishment,

“(e) Any person who shall use, coerce, force or intimidate a streetchild 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) RECLUSION TEMPORAL to reclusion

perpetua.”

SEC. 3. Section 16 of the same Act, as amended, is hereby further amended to read as
follows:

“SEC. 16. Penal Provisions. —

“(a)Any employer who violates Sections 12, 12-A, and Section 14 of this Act,
as amended, shall be penalized by imprisonment of [six (6) months] ONE (1)
YEAR and one (1) day to six (6) years or a fine of not less than [Fifty thousand
pesos (P50,000.00] ONE HUNDRED THOUSAND PESOS (P100,000.00) but
not more than [Three hundred thousand pesos (P300,000.00)] FOUR
HUNDRED THOUSAND PESOS (P400,000.00) or both at the discretion of the
court.

‘(b)Any person who violates the provision of Section 12-D of this Act or the
employer of the subcontractor who employs, or the one who facilitates the
employment of a child in hazardous work, shall suffer the penalty of a fine of not
less than [One hundred thousand pesos (P100,000.00)} TWO HUNDRED
THOUSAND PESOS (P200,000.00) but not more than One million pesos
(P1,000,000.00), or imprisonment of not less than twelve (12) years and one (1)
day to twenty (20) years, or both such fine and imprisonment at the discretion of
the court.

“(c)Any person who violates Sections 12-D(1) and 12-D(2) shall be
prosecuted and penalized in accordance with the penalty provided for by [R.A
9208 otherwise known as the ‘Anti-trafficking in Persons Act of 2003'] SECTION
12 OF REPUBLIC ACT NO. 10364 OR THE ‘EXPANDED ANTI-TRAFFICKING


IN PERSONS ACT OF 2012": Provided, That such penalty shall be imposed in
its maximum period.

“(d)Any person who violates Section 12-D(3) shall be prosecuted and
penalized in accordance with R.A. 9165, otherwise known as the
‘Comprehensive Dangerous Drugs Act of 2002": Provided, That such penalty
shall be imposed in its maximum period

“(e)If a corporation commits any of the violations aforecited, the board of
directorsitrustees and officers, which include the president, treasurer and
secretary of the said corporation who participated in or knowingly allowed the
violation, shall be penalized accordingly as provided for under this Section.

“(f) Parents, biological or by legal fiction, and legal guardians found to be
violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less
than [Ten thousand pesos (P10,000.00)] ONE HUNDRED THOUSAND PESOS
(P100,000.00) but not more than [One hundred thousand pesos (P100,000.00)]
THREE HUNDRED THOUSAND PESOS (P300,000.00), or be required to
render community service for not less than [thirty (30) days) THREE (3)
MONTHS but not more than one (1) year, or both such fine and community
service at the discretion of the court’ Provided, That the maximum length of
community service shall be imposed on parents, [or] legal guardians OR ADULT
CAREGIVERS WHO HAVE CUSTODY OF THE CHILD AND who have violated
the provisions of this Act three (3) times: Provided, further, That in addition to the
community service, the penalty of imprisonment of [thirty (30) days] THREE (3)
MONTHS. but not more than one (1) year or both at the discretion of the court
shall be imposed on the parents or legal guardians who have violated the
provisions of this Act more than three (3) times.

"(g)The Secretary of Labor and Employment or his/her duly authorized
representative may, after due notice and hearing, order the closure of any
business firm or establishment found to have violated any of the provisions of
this Act more than three (3) times. He/she shall likewise order the immediate
closure of such firm or establishment if:

“(1) The violation of any provision of this Act has resulted in the death,
insanity or serious physical injury of a child employed in such establishment; or

*(2) Such firm or establishment is engaged or employed in prostitution or in
obscene or lewd shows.

“(h) In case of such closure, the employer shall be required to pay the
employee(s) the separation pay and other monetary benefits provided for by
law.”

SEC. 4. Section 20 of the same Act is hereby amended to read as follows

“SEC. 20. Discrimination. — Children of indigenous cultural communities shall
not be subjected to any and all forms of discrimination

“Any person who discriminates against children of indigenous cultural
communities shall suffer_a penalty of [arresto mayor] PRISION
CORRECCIONAL in its [maximum] MEDIUM period and a fine of not less than
[Five thousand pesos (P5,000)] FIFTY THOUSAND PESOS (P50,000.00) nor
more than [Ten thousand pesos (P10,000)] ONE HUNDRED THOUSAND
PESOS (P100,000.00).

THE OFFENDER SHALL —_LIKEWISE_—_- UNDERGO A
REEDUCATION AND REORIENTATION PROGRAM ON THE INDIGENOUS
PEOPLES CULTURE OF THE PHILIPPINES, TO BE CONDUCTED BY THE
NATIONAL COMMISSION ON INDIGENOUS PEOPLES OR THE PHILIPPINE
TASK FORCE FOR INDIGENOUS PEOPLES RIGHTS.”

SEC.5. Within one hundred eighty (180) days from the effectivity of this Act, the
Secretary of Labor and Employment in coordination with the Secretary of Social Welfare and


Development, concerned agencies in the public sector and other stakeholders in the private
sector, shall issue the necessary rules and regulations to effectively implement the

provisions of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national

newspapers of general circulation.

SEC. 6. If any provision of this Act is held invalid or unconstitutional, other provisions
not affected thereby shall remain to be in full force and effect.

SEC. 7. All laws, decrees, orders, rules and regulations, inconsistent with any of the
Provisions of this Act are hereby repealed, amended or modified accordingly

SEC. 8. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation

Approved,