FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
Introduced by Senator Villa 
Explanatory Note 
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: 
1. It increases the penalties for violations of Sections 5,6,7 & 8 of R.A. 7610; 
2. Cases involving children below twelve (12) years old shall automatically require a 
hold order for those accused to prevent them from fleeing abroad; and 
3. Law enforcers and members of the judiciary found guilty of violations under Sections 
5, 6, 7 & 8 of R.A. 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. 


FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
Introduced by Senator 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 REPUBLIC 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 bv the Senate and House of Representative of the Philippines in Conmess 
assem bled: 
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. 
SEC. 2. Section 5 Republic Act No.7610, as amended, is hereby further amended to read 
as follows: 
"SEC.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 Iascivious 
conduct, are deemedto be children exploited in prostitution and sexual abuse. 
The penalty of [ reclusion temporal in its medium period to ] reclusion perpetua 
IN ITS MEDIUM AND MAXIMUM PERIODS AND A FINE RANGING FROM 
FIVE HUNDRED THOUSAND PESOS (P500,OOO) TO ONE MILLION PESOS 
(Pl,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, s amended, the 
Revised penal Code, for rape or lascivious conduct, as the case mat 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, 000) 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.” 
SEC.3. Section 6 of the same Act is hereby further amended to read as follows: 
“ SEC. 63 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 PEFUODS AND A FINE RANGING FROM FZFTY 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 child prostitution 
under this Act, or, in the proper case, under the Revised Penal Code.” 
SEC. 4 Section 7 of the same act is hereby further amended to read as follows: 
“SEC. 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 ] reclusion perpetua IN ITS MEDIUM AND MAXIMUM PERIODS 
AND A FINE RANGING FROM FIVE HUNDRED THOUSAND PESOS (P50,OOO) 
TO ONE HUNDRED THOUSAND PESOS (PlO0,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.” 
SEC.5. 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; 
@) 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 
ITD MEDIUM AND MAXIMUM PERIODS AND A FINE RANGING FROM 


FIVE ” D R E D  
THOUSAND PESOS 
(P50,OOO) 
TO ONE HUNDRED 
THOUSAND PESOS (PlO0,OOO) shall be imposed upon the principals of the attempt to 
commit the crime of child prostitution under this Act.” 
SEC. 6. A new Section to be denominated as Sec. 8-A is hereby added to read as 
SEC.8-A 
Penalties for Law Enforcers and Members of Judiciary - “Law 
enforcers and members of the Judiciw 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@.” 
follows: 
SEC.7- Separability Clause. If for any provision of this act is declared unconstitutional 
or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in 
full force and effect. 
SEC. 8. Repealing Cause. All laws, presidential decrees and issuances, executive orders, 
rules and regulations or part thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC.9. Eflectivity Clause. This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in at least two (2) national newspapers of general circulation, 
whichever comes earlier. 
Approved,