• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENAJ112 
S.B.No. __ _ 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
.UlI,'!'f 
,; ",. "1>."'"7:1: trV 
f 
It has been noted that rampant violations of Republic Act Number 7610, the 
statute governing the special protection of children against abuse, exploitation and 
discrimination remain unabated. The most hateful of these offenses are the continuing 
number of child rape and sexual molestations as well as cases of child prostitution 
involving minors below the age of twelve (12). 
What has made the situation even more scandalous is the deplorable corrupt 
manner and the seeming indifference of some government and law enforcement 
officials including those assigned in local government units, as well as members of 
criminal justice system, handled cases of those violations. 
This legislation intends to help correct the situation by amending pertinent 
provisions of the Republic Act No. 7610: 
a) It increases the penalties for violations of Sections 5,6,7 & 8 of RA 7610; 
b) Cases involving children below twelve (12) years old shall automatically require a 
hold order for those accused to prevent them from fleeing abroad; and 
c) Law enforcers and members of the judiciary found guilty of violations under 
Sections 5, 6, 7 & 8 of RA 7610 shall be penalized with the maximum penalty 
that may be imposed upon final conviction of their guilt. 
Early enactment of this bill is immediately sought. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATj: 
S.B. No. 1112 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
INCREASING THE PENALTIES FOR CHILD PROSTITUTION, SEXUAL ABUSE AND 
CHILD TRAFFICKING, AMENDING FOR THE PURPOSE SECTIONS 5, 6, 7 AND 8 
OF REPI,lBLIC ACT NO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE 
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION 
. AND DISCRIMINATION ACT, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Declaration of Policy. - it is hereby declared the policy of the State 
to provide special protection to children from all forms of abuse, neglect, cruelly, 
exploitation and discrimination, and other conditions prejudicial to their development. 
The State shall guard and defend the interest of children and guarantee the exercise of 
their rights. The State shall adopt such measures as would effectively promote the 
health, safety and welfare of children. 
SECTION 2. Section 5 Republic Act No. 761 0, as amended, is hereby further 
amended to read as follows: 
"SECTION.5. Child Prostitution and Other Sexual Abuse. -
Children, whether male or female, who for money profit, or any 
other consideration or due to the coercion or influence of any adult, 
syndicate or group; indulge in sexual intercourse or lascivious 
conduct, are deemed to be children exploited in prostitution and 
sexual abuse. 
The penalty of [ reclusion temporal in its medium period to 1 
reclusion perpetua IN ITS MEDIUM AND MAXIMUM PERIODS 
AND A FINE RANGING FROM FIVE HUNDRED THOUSAND 
PESOS (P500,000) TO ONE MILLION PESOS (PI,OOO,OOO) shall 
be imposed upon the following: 
a) Those who engage in or promote, facilitate or induce child 
prostitution which include, but are not limited to the following: 
1) Acting as a procurer of child prostitute 
2) Inducing a person to be a client of a child prostitute by means of 
written or oral advertisements or other similar means; 
3) Taking advantage of influence or relationship to procure a child as 
a prostitute; 
4) Threatening or using violence towards a child to engage him as a 
prostitute, or 
5) Giving monetary consideration, goods, or other pecuniary benefit to 
a child with the intent to engage such child in prostitution. 


[(b) Those who commit the act of sexual intercourse or lascivious 
conduct with a child exploited in prostitution or subjected to other 
sexual abuse: Provided, That when the victim 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. Provided, That the penalty for lascivious 
conduct when the victim is under twelve (12) years of age shall be 
reclusion temporal in its medium period; and] 
[(c)] (B) 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. 
THE PENALTY OF RECLUSION TEMPORAL IN ITS 
MEDIUM PERIOD TO RECLUSION PERPETUA AND A FINE 
RANGING 
FROM 
ONE 
HUNDRED 
THOUSNAD 
PESOS 
(P100,OOO) TO FIVE HUNDRED THOUSAND (P500,OOO) SHALL 
BE IMPOSED UPON THOSE WHO COMMIT THE ACT OF 
SEXUAL INTERCOURSE OR LASCIVIOUS CONDUCT WITH A 
CHILD EXPLOITED IN PROSTITUTION OR SUBJECTED TO 
OTHER SEXUAL ABUSE: PROVIDED, THAT WHEN THE VICTIM 
IS 
UNDER 
TWELVE 
(12) 
YEARS 
OF 
AGE, 
THE 
PERPETRATORS SHALL BE PROSECUTED UNDER ARTICLES 
266-A AND 336 OF ACT NO. 3815, AS AMENDED, REVISED 
PENAL CODE, FOR THE CRIME OF RAPE OR ACTS OF 
LASCIVIOUSNESS, AS THE CASE MAY BE; PROVIDED, 
FURTHER, 
THAT 
THE 
PENALTY 
FOR 
ACTS 
OF 
LASCIVIOUSNESS WHEN TH EVICTIM IS UNDER TWELVE (12) 
YEARS OF AGE SHALL BE RECLUSION TEMPORAL IN ITS 
, MEDIUM PERIOD." 
SECTION 3. Section 6 of the same Act is hereby further amended to read as 
follows: 
" SECTION 6. Attempt to Commit Child Prostitution. - There 
is an attempt to commit child prostitution under Section 5, 
paragraph (a) hereof 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. 
There is also attempt to commit child prostitution under THE 
LAST paragraph [(b)] of Section 5 hereof 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 hereofl THE PENALTY OF RECLUSION 
TEMPORAL IN ITS MEDIUM AND MAXIMUM PERIODS AND A 
FINE RANGING FROM FIFTY THOUSAND PESOS (P50,OOO) TO 
ONE HUNDRED THOUSAND PESOS (P100,OOO) shall be 
imposed upon the principals of the attempt to commit the crime of 
2 


child prostitution under this Act, or, in the proper case, under the 
Revised Penal Code." 
SECTION 4. Section 7 of the same act is hereby further amended to read as 
follows: 
"SECTION 7. Child Trafficking - Any person who shall 
engage in trading and dealing with children including, but not 
limited to, the act of buying and selling of a child for money, or any 
other consideration, or barter, shall suffer the penalty of [ reclusion 
temporal to 1 reclusion perpetua IN ITS MEDIUM AND MAXIMUM 
PERIODS AND A FINE RANGING FROM FIVE HUNDRED 
'THOUSAND PESOS (PSO,OOO) TO ONE HUNDRED THOUSAND 
PESOS (PIOO,OOO) 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." 
SECTION S. Section 8 of the same Act is hereby further amended to read .as 
follows: 
"SEC.8. Attempt to Commit Child Trafficking. - There is an 
attempt to commit child trafficking under Section 7 of this Act: 
a) 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; 
b) When a pregnant mother executes an affidavit of consent 
for adoption for a consideration; 
c) When a person, agency, establishment or child-caring 
institution recruits women or couples to bear children for the 
purpose of child trafficking; 
d) 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 
e) When a person engages in the act of finding children 
among low-income families, hospitals, clinics, nurseries, 
day-care centers, or other child-caring institutions who can 
be offered for the purpose of child trafficking. 
[A penalty lower by two (2) degrees than that prescribed for the 
consummated felony under Section 7 hereofl THE PENALTY OF 
RECLUSION TEMPORAL IN ITS MEDIUM AND MAXIMUM 
PERIODS AND A FINE RANGING FROM FIVE HUNDRED 
THOUSAND PESOS (PSO,OOO) TO ONE HUNDRED THOUSAND 
PESOS (PIOO,OOO) shall be imposed upon the principals of the 
attempt to commit the crime of child prostitution under this Act." 
SECTION 6. A new Section to be denominated as SECTION 18-A is hereby 
added to read as 
SEC.8-A Penalties for Law Enforcers and Members of 
Judiciary - "Law enforcers and members of the Judiciary found 
, guilty of violations under Section 5, 6, 7 & 8 hereof including willfully 
. abetting these crimes or causing or assisting in the plight of those 
accused shall be meted out the maximum penal." 
SECTION 7. Separability Clause. - If any part or prOVision of this Act is held 
unconstitutional or invalid, the other parts or provisions hereof which are not affected 
thereby shall continue to be in full force and effect. 
3 


SECTION 8. Repealing Clause, - All laws, orders, rules or regulations which 
are inconsistent with or contrary to the provisions of this Act are hereby amended or 
. repealed accordingly, 
SECTION 9. EFFECTIVITY -This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation, 
Approved, 
4