Dear Attorney,
I am seeking advice on a situation involving physical abuse of minors. I would like to know the legal options available for filing a case to protect a child who has been physically harmed. Can you please provide guidance on the type of charges that can be brought forward in this case?
Sincerely,
A Concerned Guardian
Insights
In the Philippines, child abuse is governed by several laws that aim to protect the rights of children. One key legislation is Republic Act No. 7610, also known as the "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act." This law provides comprehensive protection for children who suffer from abuse, including physical abuse. The act classifies child abuse as any act that inflicts physical or emotional harm, degrades the dignity of a child, or exposes them to hazardous situations.
Criminal Liability for Physical Abuse
If physical abuse is inflicted upon a child, the perpetrator may face criminal liability under RA 7610. Section 10 of the act states that any person who commits acts of physical harm against a child may be charged with child abuse. The penalties depend on the severity of the abuse and the circumstances under which it was committed.
In cases where physical injuries result in significant harm or death, the abuser may also face charges of serious physical injuries under the Revised Penal Code or even parricide or murder, depending on the relationship with the child and the gravity of the offense.
Protective Measures for the Child
Aside from criminal charges, the law provides mechanisms for the protection and welfare of abused children. The Department of Social Welfare and Development (DSWD) may take custody of the child, or a restraining order may be issued to prevent the abuser from contacting the victim. This is crucial to ensure the safety and well-being of the child while legal proceedings are underway.
Filing a case for child abuse involves submitting a complaint to local authorities such as the barangay, police, or directly to the courts. An investigation will follow, and if sufficient evidence is presented, the case will move forward for prosecution.
In summary, physical abuse of children is a serious offense in the Philippines, with stringent laws in place to ensure perpetrators are held accountable. Legal recourse includes filing charges under RA 7610, seeking protective measures, and ensuring the child’s safety through the intervention of relevant government agencies.
Dear Attorney,
I work for a company that has refused to certify my father’s loan application to the Social Security System (SSS). Their reason is that they are concerned he might not be able to repay the loan. Is this legal? What can we do in this situation?
- Concerned Employee
Insights
Under Philippine law, employers are required to assist employees with their Social Security System (SSS) transactions, including loan certifications. The refusal of an employer to certify an employee's loan application based on concerns about repayment is not a valid legal reason.
Employers are not obligated to guarantee the repayment of an employee's loan. Their role in SSS loans is administrative—to verify that the employee is employed and has made the necessary SSS contributions. The responsibility for the loan's approval and repayment lies solely with the employee and the SSS. The SSS assesses an employee's loan eligibility based on the member's contributions and salary, not on the employer's opinion about the employee's ability to repay.
In cases where employers refuse to provide certification without valid grounds, employees may file a complaint with the Department of Labor and Employment (DOLE). The DOLE can compel the employer to comply with their obligations under labor laws. If the employer continues to refuse, it may be subject to penalties for failing to comply with lawful requirements related to SSS matters.
It’s important to clarify that while the employer’s administrative role is limited, they are mandated to provide accurate certification of employment status and SSS contributions. Employees are advised to seek legal counsel or file the appropriate complaint to assert their rights in such situations.