Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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EIGHTEENTH (18") CONGRESS
1 Regular Session

House BiLt No, 3020

Introduced by Hon. WILTER “SHARKY” WEE PALMA II

EXPLANATORY NOTE

All children regardless of race, color, or creed have the absolute right to be
protected from the dangers of violence, exploitation and discrimination.

According to the United Nations International Children’s Emergency Fund
(UNICEF), children are particularly vulnerable due to their gender, race and
economic status. While in extreme cases, children with disabilities and orphans
are even more susceptible to the different faces of abuse and/or exploitation.

In reality, millions of children are not fully protected. Many of them have to
deal with cases of violence, exploitation and discrimination on a daily basis. As
such, these violations would then in turn lead to lesser chances of survival,
impede their growth as individuals and deter them from pursuing their dreams.

In light of this, it is the government's duty to provide measures that would
ensure the absolute safety of children against cases of abuse, exploitation and
discrimination. As a result, the enactment of Republic Act No. 7610 otherwise
known as the “Special Protection of Children Against Abuse, Exploitation and
Discrimination Act” served as the primary tool of the state to provide a safe and
healthy rearing of our children in order for them to live the lives that they
deserve.

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However, despite the presence of such legislation, there are still countless
cases where minors are exploited by domestic and foreign entities. It is clear that
we need to make changes within the current system in order to keep up. With
this, it is vital that we, as responsible members of the state, to ensure the
protection of these children from such threats in order to provide a bright future
for this generation and the generations to come.

In view thereof, support and approval of this bill is earnestly sought.

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<WILTER “SHARKY” WEE PALMA II
1* District, Zamboanga Slbugay



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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Philippines

EIGHTEENTH (18") CONGRESS
First Regular Session

HOUSE BILL NO. 3020

Introduced By HON. WILTER “SHARKY” WEE PALMA II

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 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 and
distribute the said materials shall suffer the penalty of [prision mayor]
RECLUSION TEMPORAL in its medium period.

“lf 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.


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“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 in any other
acts covered by this section shall suffer the penalty of [prision mayor]
RECLUSION TEMPORAL in its [medium] MAXIMUM period.”

SECTION 2. Section 10 of the same Act as amended, is here by amended to

read as follows:

“SEC. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Predjudicial 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, 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): 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


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pesos (P40,000)] FOUR HUNDRED THOUSAND PESOS (P400,000) Provided,
however, That should the perpetrator to be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall be [prision mayor]
RECLUSION TEMPORAL in its [maximum] MEDIUM period, a fine of not less
than [Fifty thousand pesos (P5S0,000)] FIVE HUNDRED THOUSAND PESOS
(P500,000), and the loss of parental authority over the minor.

“THE OFFENDER SHALL LIKEWISE UNDERGO A 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), 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
perpetia.”

SECTION 3. Section 16 of the same Act, as amended is hereby further

amended to read as follows:

“SEC. 16. Penal Provisions. —


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“(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)] ONE HUNDRED THOUSAND PESOS
(P100,000) but not more than [Three hundred thousand pesos (P300,000)
FOUR HUNDRED THOUSAND PESOS (P400,000) 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)]
TWO HUNDRED THOUSAND PESOS (P200,000) but not more than One
million pesos (P1,000,000), 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’]
SECTIONS 12 of REPUBLIC ACT NO. 10364 OR THE ‘EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2012’: Provided, iThat 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 directors/trustees 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
under this Section.


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“(f) Parents, biological or 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)] ONE HUNDRED THOUSAND
PESOS (P100,000) but not more than [One hundred thousand pesos
(P100,000)] THREE HUNDRED THOUSAND PESOS (P300,000), 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 the 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.”


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SECTION 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) nor
more than [Ten thousand pesos (P10,000)] ONE HUNDRED THOUSAND
PESOS (P100,000).

“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.”

SECTION 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.

SECTION 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.


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

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

Approved,