Child Abuse Charges Under Republic Act No. 7610

(Special Protection of Children Against Abuse, Exploitation and Discrimination Act)

Philippine legal primer — updated to 19 April 2025
This article is for educational purposes only and is not a substitute for personalized legal advice.

1. Historical Setting & Policy Goal

Enacted on 17 June 1992, R.A. 7610 is the Philippines’ first comprehensive child‑protection statute. It declares children “zones of peace” and imposes special, higher‑than‑ordinary penalties on any form of abuse committed against persons below 18 years, or 18 and above but still unable to protect themselves because of physical or mental disability or condition. Congress has twice strengthened the law:

R.A. 9231 (2003) – focused on the worst forms of child labour;
R.A. 11648 (4 Mar 2022) – raised the nationwide age of sexual consent to 16 and aligned R.A. 7610’s sexual‑abuse provisions with the new threshold.

The statute co‑exists (it does not repeal) the Revised Penal Code (RPC) and later special laws such as the Anti‑Trafficking Act (R.A. 9208/10364/11862) and the Anti‑OSAEC Act (R.A. 11930).

2. Key Definitions (Sec. 3)

Term	Essential Points
Child	Person below 18, or 18+ but unable to fully care for or protect himself/herself.
Child abuse	Any act or omission which, by design or through negligence, results in physical, psychological or sexual harm, or threatens the child’s normal development.
Circumstances which gravely threaten or endanger the survival or normal development of children	Enumerated ecological, socio‑economic, or cultural situations (e.g., armed conflict, calamity, street situations).

3. Core Criminal Offences, Elements & Penalties

Below is an overview of the sections most frequently charged. (Penalties are reclusion temporal unless stated; ranges reflect post‑2022 amendments.)

Sec. 5 – Child Prostitution and Other Sexual Abuse
Elements: (a) Victim is a child; (b) Any sexual intercourse, lascivious conduct, or act of exploitation; (c) Offender derives money, profit, or other consideration, or the child is coerced/forced through threat or influence.
Penalty:
- − Basic: reclusion temporal mid–max to reclusion perpetua (12 yrs + 1 day – 40 yrs).
- − Qualifiers (parent/guardian/officer/teacher; use of drugs; HIV transmission, etc.): reclusion perpetua.
Sec. 6 – Attempt To Commit Child Prostitution
Elements: Inducement or influencing a child to engage in sexual activities without actual consummation.
Penalty: 2 degrees lower than Sec. 5 but not lower than prisión mayor.
Sec. 7 – Child Trafficking
Elements: (a) Any person; (b) Trade, deal, or barter a child; (c) With or without parental consent.
Penalty: Reclusion temporal max to reclusion perpetua; death penalty replaced with reclusion perpetua w/o parole under R.A. 9346 if the child is under 12 or trafficking is for prostitution.
Sec. 8 – Attempted Child Trafficking
Arrest in flagrante or any overt act of trafficking that is incomplete.
Penalty: 2 degrees lower than Sec. 7.
Sec. 9 – Obscene Publications & Indecent Shows
Prohibits hire, use, persuasion or coercion of a child for obscene materials (print, video, online).
Penalty: prisión mayor + fine ₱100 k – ₱500 k; higher if offender is an ascendant, guardian or trafficker.
Sec. 10(a) – Other Acts of Abuse, Cruelty, Exploitation or Discrimination
“Catch‑all” clause covering physical, psychological or emotional maltreatment not specifically penalized elsewhere.
Penalty: prisión mayor plus fine; unlawful corporal punishment committed by a parent/guardian is usually prosecuted here.
Sec. 10(b) – Acts Detrimental to Child’s Growth (e.g., bar/club owners who permit minors to drink liquor or remain inside).
Penalty: prisión correccional + fines.
Secs. 12–14 – Child Labour (as amended by R.A. 9231)
Employment below 15: absolutely prohibited except under direct parental supervision and work does not endanger health, safety or morals.
Worst Forms (hazardous work, combat, prostitution, trafficking, drug peddling): reclusion temporal mid–max + ₱1 M–₱2 M fine; mandated closure of establishment.

4. Relationship With the Revised Penal Code & Other Special Laws

Situation	Proper Charge(s)	Controlling Authority
Consummated rape of a child < 16 (post‑R.A. 11648)	Art. 266‑A RPC (Statutory Rape) and Sec. 5(b) RA 7610? — Tulagan clarifies: file both, but conviction for rape absorbs Sec. 5 penalty if rape fully proved.
Lascivious conduct with a child	Sec. 5(b) RA 7610 or Art. 336 RPC; the special law prevails because it imposes a heavier penalty.
Online sexual exploitation	RA 11930 (OSAEC) plus RA 7610 if a live child is physically abused or trafficked.
Sale/transfer of a minor across borders	RA 11862 (Expanded Anti‑Trafficking) + RA 7610.
Domestic violence targeting a child in a dating relationship or family setting	RA 9262 (VAWC); RA 7610 may still apply if the victim is a “child” and facts fit Sec. 10(a).

5. Jurisdiction, Venue & Prescription

Courts — R.A. 8369 vests exclusive original jurisdiction in Regional Trial Courts (designated as Family Courts) for all crimes under R.A. 7610.
Venue — Where the offense or any of its elements occurred; in continuing crimes (e.g., trafficking) venue is proper in any jurisdiction traversed.
Prescription — Ten (10) years from commission or from the child’s 18th birthday, whichever comes later, for most offenses; trafficking prescribes in 20 years. If the offender is a public officer, prescription is suspended while in office (Art. 91, RPC by analogy).

6. Investigation & Prosecution Protocols

Mandatory Reporting. Barangay officials, teachers, physicians and social workers must report suspected abuse within 48 hours; failure is an administrative (and in some cases criminal) violation.
Protective Custody. Any police officer, social worker or even a private citizen may place the child under immediate DSWD or LGU shelter without court order (Sec. 28, P.D. 603; DSWD Guidelines, 2018).
One‑Stop‑Shop Approach. The Multi‑Disciplinary Team model (prosecutor, medico‑legal, social worker, psychologist) minimizes multiple interviews.
Child‑Friendly Procedures.
- A.M. 00‑4‑07‑SC – “Rule on Examination of a Child Witness” (video‑conferencing, screens, anatomical dolls).
- Hearsay exceptions: necessity + reliability test under People v. Yatar and Mendoza v. People.
Bail & Custody of the Accused. Offenses punishable by reclusion temporal or higher are generally non‑bailable when evidence of guilt is strong (Sec. 5, Rule 114).

7. Defences, Mitigating & Aggravating Circumstances

Mistake of age is never a defence; R.A. 7610 offences are malum prohibitum.
Good‑faith disciplinary chastisement is not a defence when punishment is cruel, degrading or not “moderate” within Art. 233, RPC.
Minor offender (CICL). An accused below 15 is exempt; aged 15–18, diversion is mandatory unless acting with discernment and crime is grave (R.A. 9344 as amended by R.A. 10630).
Qualifying/aggravating: use of deadly weapon; two or more offenders; victim under 12; abuse of confidence; parent/guardian/teacher/officer relationship; intoxication or dangerous drugs.

8. Civil & Administrative Liability

Automatic civil action for moral, exemplary and actual damages is deemed filed with the criminal case (Rule 111).
Employer/Superior liability: Corporate officers who “knew or should have known” and failed to prevent abuse are personally liable (Sec. 31, RA 7610; Sec. 12‑D, RA 9231).
Closure, permit cancellation, disqualification from business, and blacklisting under the Government Procurement Reform Act apply to convicted entities.

9. Landmark Supreme Court Decisions

Case	G.R. No.	Doctrine
People v. Tulagan (11 Mar 2020)	227363	Clarified that rape (Art. 266‑A) and lascivious conduct (RA 7610 § 5[b]) are distinct crimes; where both are charged, the court must convict of the specific offense proved.
People v. Pareja (72895, 31 Aug 2000)	—	Payment of money not needed; “sexual abuse” under § 5(b) covers any lascivious conduct exploiting a child’s vulnerability.
People v. Larin (132754, 10 Oct 2002)	—	Victim’s motive is immaterial; credibility of a child witness is weighed leniently.
People v. Caballo (219897, 2 Aug 2017)	—	Slight touching of a child’s genitalia for lustful purpose is lascivious conduct even without overt lewd design.
People v. Macapanas (250582, 16 Jan 2023)	—	Video‑recorded interview by a trained facilitator is admissible when cross‑examined under A.M. 00‑4‑07‑SC.

10. Recent Legislative & Policy Developments (2022 – 2025)

R.A. 11648 (2022) – raised the age of consent to 16, adjusted predicates in RA 7610 and RPC; introduced “grooming” as a new crime (Art. 266‑D, RPC).
R.A. 11930 (OSAEC, 2022) – criminalizes livestream‑based sexual abuse, even if perpetrator is abroad; imposes corporate criminal liability on ISPs that fail to block child‑sexual‑abuse material within 24 hours of notice.
DOJ‑DSWD‑PNP Joint Circular 1‑2023 – standardized inter‑agency referral forms and mandated forensic interviews to be video‑recorded.
SC A.M. 22‑06‑02‑SC (2023) – permanent rules on remote testimony and electronic warrants for trafficking & OSAEC operations.

11. Compliance & Prevention Measures

Barangay Council for the Protection of Children (BCPC) must maintain a local registry of child abuse and labour cases.
Employers must secure a Work Permit for Children from the Department of Labor and Employment (DOLE) and deposit at least 30 % of the child’s net earnings in a bank account until majority.
Schools & Churches — obliged to adopt Child Protection Policies, conduct background checks and provide periodic orientation.
Media — prohibited from revealing the child’s identity (Sec. 12, A.M. 04‑10‑11‑SC; Sec. 29, R.A. 7610).

12. Practical Tips for Practitioners

Charge‑stacking? File alternative informations (e.g., rape or Sec. 5[b]) to avoid double jeopardy issues; let evidence decide.
Evidence collection. Secure medico‑legal exam within 72 hours, recover digital evidence (chat logs, payment receipts). Chain of custody is as strict as for dangerous drugs cases.
Plea bargaining. Generally disfavoured but possible if the child and DSWD consent and the plea still imposes reclusion temporal.
Civil reservation. Parents seldom reserve the civil action; doing so allows an independent damages suit that might reach assets exempt from criminal fines.
Settlement. Void for sexual offences; may be allowed for Sec. 10(a) physical injuries only if court‑approved and DSWD finds it in the child’s best interest.

13. Penalty Reference Quick‑Look

Reclusion perpetua (imprisonment 40 yrs, no parole):
- Child homicide or serious physical injuries qualified by the child‑specific aggravating circumstances under Sec. 10(a) & Art. 63 RPC.
- Qualified trafficking (Sec. 7, child < 12, or prostitution/OSAEC purpose).
- Qualified sexual abuse (Sec. 5 with parent/guardian/teacher relationship).
Reclusion temporal (12 yrs + 1 day – 20 yrs):
- Basic Sec. 5(b) sexual abuse; Sec. 7 trafficking; Sec. 12 child labour in worst forms.
Prisión mayor (6 yrs + 1 day – 12 yrs):
- Attempted prostitution/trafficking; obscenity; corporal punishment with serious injuries.
Prisión correccional (6 mo + 1 day – 6 yrs):
- Sec. 10(b) acts detrimental to child’s growth; employment of a child aged 15–17 in non‑hazardous work without permit.

Fines run from ₱50,000 to ₱5 million; civil indemnity is unlimited by statute and is fact‑based.

14. Conclusion

R.A. 7610 remains the principal shield for Filipino children against abuse and exploitation, but it is only one layer in an expanding web of child‑protection laws. Its special‑law status heightens penalties, removes many common‑law defences, and mandates child‑sensitive procedures in every stage of criminal justice. Practitioners must therefore master its intersections with the RPC, the Anti‑Trafficking Act, the Juvenile Justice Law, and the 2022 Anti‑OSAEC statute, while staying attuned to Tulagan‑era jurisprudence and emerging technology‑facilitated crimes.

Safeguarding children is not achieved on paper alone: swift investigation, trauma‑informed prosecution, and sustained community education are indispensable to fulfilling the Act’s promise that “children shall be protected from all forms of abuse and exploitation.”

(Prepared by ChatGPT | OpenAI o3 | Updated 19 April 2025)