HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NTH CONGRESS
Regular Session

House Bill No. 226
Introduced by Representative GERALDINE B. ROMAN

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 government to provide mechanisms by
which the youth of this country are protected against unscrupulous 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 and

wholesome rearing of our children for them to be protected and to become good citizens of

our country.

1992 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 2Ist
Century. It is the duty of this modem legislature, the Seventeenth 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. This bill was approved on third reading during the

18" Congress and was transmitted to the Senate.


In view of the foregoing, approval of this bill is earnestly recommended.

ee th. NV
_/ GERALDINE B. ROMAN


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

NINETEENTH CONGRE:!
First Regular Session

226

House Bill No.

Introduced by Representative GERALDINE B. ROMAN

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 mayo in its medium period| FROM
FOURTEEN (14) YEARS, EIGHT (8) MONTHS AND ONE (1) 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 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 Jof prision mayor in its um
period] FROM SEVENTEEN (17) YEARS, FOUR (4) MONTHS AND

ONE (1) 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 in its minimum period] 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, tweive
(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 in its maximum] 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 [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
period} FROM TEN (10) YEARS, AND ONE (1) 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, stepparent or guardian of the minor, the
penalty to be imposed shall be [prision 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
[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 A
REEDUCATION AND REORIENTATION PROGRAM ON CHILD
PROTECTION TO BE CONDUCTED BY
THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT.

“(@) 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 period] 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.

“(€)_ 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 fof prision
correccional in its medium period to reclusion perpetual FROM TWELVE
(12) YEARS, AND ONE (1) DAY TO THIRTY (30) YEARS

xX”

BC. 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 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

or a fine of not less

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.

“()_ Ifa 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.

“(QParents, 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 shail 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 fof arresto mayor in its maximum] 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 (P5,000)] FIFTY THOUSAND PESOS (P50,000.00) nor
more than {Ten thousand pesos (P10,000)] ONE HUNDRED THOUSAND
PESOS (P 100,000.00)

“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.

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 afler its publication in the Official

Gazette or in a newspaper of general circulation

Approved,