NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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Ifeeiiate
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of tl)f frc-rftnrp
It OCT 19 A10 25
SENATE
S. B. No. 1397
RECEIVED &{'.
Introduced by Senator Francis "Tol" N. Tolentino
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:
EXPLANATORY NOTE
The Constitution enshrines that the youth of the country is the catalyst for 
nation-building and according to our National Hero Dr. Jose Rizal, they are the 
hope of our motherland. The proper rearing of our youth is essential in ensuring 
that we are creating future generations of well-prepared citizens that will assume the 
task of being good leaders and custodians of the Philippine Republic.
Corollary to this, it is the responsibility of the government to provide 
mechanisms by which the youth of this country are protected against unscrupulous 
and scheming individuals and ungodly practices. To this end, the government 
enacted Republic Act 7610 - otherwise known as the Special Protection of Children 
Against Abuse. Exploitation, and Discrimination Act - on 17 June 1992. It was 
designed specifically to allow the State to play a vital role in the safe, saecure and 
wholesome rearing of our children for them to be protected and to become good 
citizens of our country.


1992 when Republic Act 7610 was enacted into law was a quarter of a century 
ago and now there are still numerous instances where minors are exploited by both 
foreign predators and domestic abusers. The law needs updating now, and the 
penalties imposed therein do not seem to be attuned to the 21st Century. It 
is the duty of this modern legislature, the Nineteenth Congress of the 
Philippines, to ensure that the laws of the country keep up with the times in order to 
secure relevance and protection for our citizens in general and our children in 
particular. This bill was approved on third reading during the 18th Congress and was 
transmitted to the Senate but due to lack of material time, the same was not discussed 
in this chamber.
In view of the foregoing, approval of this bill is earnestly recommended.
TOL" N. TOLENTINO


NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SE N AT
S. B. No. 1^97
e( titc
■2 OCT 19 AlO 25
received BVt
Introduced by Senator Francis "Tol" N. Tolentino
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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 in its medium pcr/oc/yiMPROSINMENT RANGING FROM FOURTEEN 
(14) YEARS, EIGHT (8) MONTHS AND ONE (I) DAY TO SEVENTEEN 
(17) YEARS AND FOUR (4) MONTHS .
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


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maximum period] THIRTY (30) YEARS AND ONE (1) DAY TO FORTY 
(40) YEARS.
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 ■ mayorin -its - urn period] IMPRISONMENT RANGING 
FROM SEVENTEEN (17) YEARS, FOUR (4) MONTHS AND ONE 
(I) DAY TO TWENTY (20) YEARS.
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 \n \\s minimum period) OF IMPRISONMENT 
RANGING FROM TWELVE (12) YEARS AND ONE (1) DAY TO 
FOURTEEN (14) YEARS AND EIGHT (8) MONTHS.
"(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 fef.prision mayor -in its maximum] OF IMPRISONMENT


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RANGING FROM FOURTEEN (14) YEARS, EIGHT (8) MONTHS 
AND ONE (1) DAY TO SEVENTEEN (17) YEARS AND FOUR (4) 
MONTHS and a fine of not less than ^ifty thottsand■ ■ 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..period] OF
IMPRISONMENT RANGING FROM TEN (10) YEARS, AND ONE (I) 
DAY TO TWELVE (12) YEARS 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, step-parent or guardian of the minor, the penalty 
to be imposed shall be fpr-isioe-mayor in its maximum period] FROM 
FOURTEEN (14) YEARS, EIGHT (8) AND ONE (1) DAY 
TO
SEVENTEEN (17) YEARS AND FOUR (4) MONTHS, a fine of not less 
than tFifty—thousand—pesos—(P-50,-QOOj FIVE HUNDRED 
THOUSAND PESOS (PS00,000.00), and the loss of parental 
authority over the minor. "THE OFFENDER SHALL LIKEWISE 
UNDERGO /4 RE-EDUCATION AND RE-ORIENTATION 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


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imposed a penalty {^ prision -mayor in-its medium..period] OF
IMPRISONMENT RANGING FROM TEN (10) YEARS, AND ONE (1) 
DAY TO TWELVE (12) YEARS 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 
street child 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 corrcccional----in—its- medium—period—to
redosion perpetua] IMPRISONMENT RANGING FROM TWELVE 
(12) YEARS, AND ONE (1) DAY TO THIRTY (30) YEARS
XXX.
SEC. 3. Section 16 of the same Act, as amended, is hereby 
further amended to read as follows:
"SEC. 16. Pena! 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 
(PI00,000.00) but not more than fThr-ce --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


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one who facilitates the employment of a child in hazardous work, 
shall suffer the penalty of a fine of not less than fGne—hundred 
thousand pesos—(ftIQQ,000.00] 
TWO HUNDRED THOUSAND
PESOS (P200,000.00) but not more than One million pesos 
(PI,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 (I) and 12- 
0(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 12-0(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 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


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(P^OO,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] FROM 
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."


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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 arrcsto mayor in its 
maximum] OF IMPRISONMENT RANGING FROM TWO (2) YEARS, FOUR 
(4) MONTHS AND ONE (1) DAY TO FOUR (4) YEARS AND TWO (2) 
MONTHS and a fine of not less than [five thousand-pesos (PS,000] FIFTY 
THOUSAND PESOS (P50,000.00) nor more than [Ton thousand pesos 
(P10,000)] ONE HUNDRED THOUSAND PESOS (P100,000.00). IN 
ADDITION, 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.
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 arc hereby repealed, amended or modified 
accordingly.


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SEC. 8. This Act shall take effect fifteen (15) days after its publication in the 
OyT/c/^/Gazette or in a newspaper of general circulation.
Approved,