REPUBLIC ACT No.

7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR

TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the development of
its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing training, instruction or education. Towards this end, all
forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-related
sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over
another in a work or training or education environment, demands, requests or otherwise requires any sexual favor
from the other, regardless of whether the demand, request or requirement for submission is accepted by the object
of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation,
terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way would discriminate, deprive
ordiminish employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or
who cooperates in the commission thereof by another without which it would not have been committed, shall
also be held liable under this Act.
Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. - It shall
be the duty of the employer or the head of the work-related, educational or training environment or institution, to
prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution,
settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees
or students or trainees, through their duly designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual
harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines
on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall
conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors,
coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank, and
from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or
trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act
for the information of all concerned.

Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or head of
office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual
harassment committed in the employment, education

or training environment if the employer or head of office, educational or training institution is informed of such acts
by the offended party and no immediate action is taken.

Section 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education or
training-related sexual harassment from instituting a separate and independent action for damages and other
affirmative relief.

Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be penalized by
imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand
pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the
discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

Section 8. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the
remaining portions or provisions hereof shall not be affected by such declaration.

Section 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete publication in at least
two (2) national newspapers of general circulation.
Approved:

(Sgd.) EDGARDO J. ANGARA
President of the Senate

(Sgd.) JOSE DE VENECIA, JR.

Speaker of the House of Representatives

This Act is a consolidation of House Bill No. 9425 and Senate Bill No. 1632 was finally passed by the House of
Representatives and the Senate on February 8, 1995.

(Sgd.) EDGARDO E. TUMANGAN
Secretary of the Senate

(Sgd.) CAMILO L. SABIO
Secretary General
House of Representatives

Approved: February 14, 1995

(Sgd.) FIDEL V. RAMOS
President of the Philippines
 Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 9995

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009".

Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and guarantees
full respect for human rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity and
integrity of a person.

Section 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a
person or persons.

(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means, or
broadcast.

(c) "Female breast" means any portion of the female breast.

(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of
persons performing sexual act or any similar activity or of capturing an image of the private area of a person
or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable
expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage of same was given by such person's.

(e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or
female breast of an individual.

(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that
he/she could disrobe in privacy, without being concerned that an image or a private area of the person was
being captured; or circumstances in which a reasonable person would believe that a private area of the
person would not be visible to the public, regardless of whether that person is in a public or private place.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar
activity or to capture an image of the private area of a person/s such as the naked or undergarment clad
 genitals, public area, buttocks or female breast without the consent of the person/s involved and under
circumstances in which the person/s has/have a reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act,
whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.

Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than seven (7)
years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty
of violating Section 4 of this Act.

If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons
liable shall be the officers thereof including the editor and reporter in the case of print media, and the station
manager, editor and broadcaster in the case of a broadcast media.

If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.

If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and
payment of fines.

Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for any peace
officer, who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any
civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided, That such written order shall
only be issued or granted upon written application and the examination under oath or affirmation of the applicant
and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo
or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is
essential to the conviction of any person for, or to the solution or prevention of such, crime.

Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by any
person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation.1avvphi1

Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remaining
provisions not affected thereby shall remain valid and subsisting.

Section 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction ,
administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in two(2) newspapers of general circulation.

Approved
 (Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE
Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2357 and House Bill No. 6571 was finally passed by the Senate
and the House of Representatives on December 1, 2009 and November 18, 2009, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Represenatives

Approved: FEB 15, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand two

Republic Act No. 9208             May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND

CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".

Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human person and
guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the
enactment of measures and development of programs that will promote human dignity, protect the people from any
threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration
and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery,
rehabilitation and reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as enshrined
in the United Nations Universal Declaration on Human Rights, United Nations Convention on the Rights of the Child,
United Nations Convention on the Protection of Migrant Workers and their Families. United Nations Convention
Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and all other relevant and universally accepted human rights instruments
and other international conventions to which the Philippines is a signatory.

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of

persons with or without the victim's consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall
also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the
preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable
to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another,
for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
 (d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse
of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and individuals
which consists of tourism packages or activities, utilizing and offering escort and sexual services as
enticement for tourists. This includes sexual services and practices offered during rest and recreation
periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic

materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority,
debt bondage, fraud or through abuse of a victim's vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services is not
clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent

shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in
persons, shall be unlawful:
 (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons, individually or
as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).

Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case,
shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a
fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of
the accused, or any other information tending to establish their identities and such circumstances or information
shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or information
technology to cause publicity of any case of trafficking in persons.

Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense
under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the
commission of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to
the exclusion of other courts.

Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the
offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring
agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager
thereof shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals
or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules
and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and
 (i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:

(a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty
thousand pesos (P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).

Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released
from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall
commence to run again when such proceedings terminate without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the accused.

Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the
recovery of civil damages, he/she shall be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. - In
addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they
are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages
shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties
are insufficient, the balance shall be taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed,
removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the
offender shall be ordered to pay the amount equal to the value of the proceeds, property or instruments of the
offense.

Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated
pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed by the Council to be
used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked
persons into the mainstream of society. Such programs shall include, but not limited to, the following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and establishment of a data collection system
for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government agencies and
non-government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public,
the academe, government, NGOs and international organizations; and

(e) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. - The government shall establish and implement
preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following agencies are
hereby mandated to implement the following programs;

(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to further
enhance its assistance in eliminating trafficking activities through closer networking with government
agencies in the country and overseas, particularly in the formulation of policies and implementation of
relevant programs.

The DFA shall take necessary measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce the
incidence of trafficking through the use of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and protective
programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance
with the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise
monitor, document and report cases of trafficking in persons involving employers and labor recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also
establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.

(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and coordinate
in the formulation and monitoring of policies addressing the issue of trafficking in persons in coordination
with relevant government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in
persons in both its local and international advocacy for women's issues.

(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration
laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with
the guidance and counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It shall
closely coordinate with various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective pre-employment
orientation seminars and pre-departure counseling programs to applicants for overseas employment. It shall
likewise formulate a system of providing free legal assistance to trafficked persons.

(i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and
prevention campaign and likewise maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.

(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their areas
of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of this Act
 and ensure effective prosecution of such cases. They shall also undertake an information campaign against
trafficking in persons through the establishment of the Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination with DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall encourage and
support community based initiatives which address the trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's
organizations (Pos), civic organizations and other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as victims of the act or
acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking enumerated
in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the consent of a
trafficked person to the intended exploitation set forth in this Act shall be irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Republic Act No.
6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program
provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the Council,
trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under this Act: Provided, That they shall be
permitted continued presence in the Philippines for a length of time prescribed by the Council as necessary to effect
the prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council Against
Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary of the
Department of Social Welfare and Development as Co-Chairperson and shall have the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from
among the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven
record of involvement in the prevention and suppression of trafficking in persons. These representatives
shall be nominated by the government agency representatives of the Council, for appointment by the
President for a term of three (3) years.

The members of the Council may designate their permanent representatives who shall have a rank not
lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting, rules and regulations.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
 (c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to effectively address the issues
and problems attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law
and the various issues and problems attendant to trafficking through the LGUs, concerned agencies, and
NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the
Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD,
Technical Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED),
LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs
and other civic organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system for migration established under Republic Act No.
8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on cases of
trafficking in persons, and ensure that the proper agencies conduct a continuing research and study on the
patterns and scheme of trafficking in persons which shall form the basis for policy formulation and program
direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking
in persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in
persons;

(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade
and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the
internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign
nationals in the Philippines;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.

Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for the
Council.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration into
the mainstream of society, concerned government agencies shall make available the following services to trafficked
persons:

(a) Emergency shelter or appropriate housing;

 (b) Counseling;

(c) Free legal services which shall include information about the victims' rights and the procedure for filing
complaints, claiming compensation and such other legal remedies available to them, in a language
understood by the trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and
reintegration of the trafficked persons shall be adopted and carried out.

Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines
as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by
Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status in
the host country.

(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993, shall
be the operational scheme under which Philippine embassies abroad shall provide protection to trafficked
persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether they
are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make
representation with the host government for the extension of appropriate residency permits and protection, as may
be legally permissible in the host country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in
persons among extraditable offenses.

Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to Congress
an annual report of the policies, programs and activities relative to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned shall immediately include in their
programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be
included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing rules
and regulations within sixty (60) days from the effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. - Nothing in
this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to
travel for purposes not contrary to law as guaranteed by the Constitution.

Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be affected thereby.
Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided, That this
Act shall not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers of general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was finally passed by the Senate
and the House of Representatives on May 12, 2003 respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: May 26, 2003.

GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Ninth Congress

Republic Act No. 7610             June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I
Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation
and Discrimination Act."

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to
provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The
State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having care and custody of the
same. 1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities
for a useful and happy life.

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity
of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
 (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment
of his growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children. 1awphi1Ÿ

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

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 other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua 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 a 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 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 intent to engage
such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse; Provided, That when the victims 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) 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.

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 an attempt to commit child prostitution, under 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 hereof 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.

ARTICLE IV
Child Trafficking

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 for any other consideration, or barter, shall suffer the
penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the
victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7
of this Act:
1awphi1@alf

(a) When a child travels alone to a foreign country without valid reason therefor 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;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
 (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-during institutions who can be offered for the purpose of child
trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be
imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

Section 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, or model in
obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of
prision mayor in its medium period.

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.

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 of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

Section 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 to 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.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in 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 period and a fine of not less than Fifty thousand pesos (P50,000): 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 and a fine of not less than Forty thousand pesos (P40,000); 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, a fine of not less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.

(d) 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 and a fine of not less than Fifty thousand pesos (P50,000), and
the loss of the license to operate such a place or establishment.
 (e) Any person who shall use, coerce, force or intimidate a street child 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 of prision correccional in its medium period
to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph
2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide,
other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is
under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and
341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall
be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.

ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities

Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and
Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of
abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner
or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws.
A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the
Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking,
obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the
premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise
such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for
foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or
opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities
constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.

ARTICLE VIII
Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's parent
or guardian, with the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following requirements in all instances are strictly
complied with:
 (a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance
of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports
shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral
and vocational efficiency of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective under given
circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ
child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and
its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109
of Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of
not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of
not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided,
That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be
revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this
Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective communities.

Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall
develop and institute an alternative system of education for children of indigenous cultural communities which
culture-specific and relevant to the needs of and the existing situation in their communities. The Department of
Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of
indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous cultural communities are given equal attention. In the
provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices
shall be respected and recognized.

Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all
forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto
mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand
pesos (P10,000).

Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed

representatives shall be involved in planning, decision-making implementation, and evaluation of all government
programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and
respected.

ARTICLE X
Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected
from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian
units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief services shall
be kept unhampered;

(d) The safety and protection of those who provide services including those involved in fact-finding missions
from both government and non-government institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to
armed conflict.

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation
as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-
being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be
housed in the same premises and given separate accommodation from other evacuees and provided with facilities
to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be
given additional food in proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been
arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following
rights;

(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and
 (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of
Social Welfare and Development or any responsible member of the community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the
acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable
against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to
such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as
appeals in criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the
barangay affected by the armed conflict shall submit the names of children residing in said barangay to the
municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed
conflict.

ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity; 1awphi1@ITC

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or(g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56,
series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.

Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until
the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry,
to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party. Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of
the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election
cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give
preference to the hearing or disposition of cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or
affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever
barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public
officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion
temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or
any immediate member of his family if the latter is the perpetrator of the offense.

ARTICLE XIII
Final Provisions

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general
circulation.

Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to
be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining
provisions not affected thereby shall continue in full force and effect.

Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby
repealed or modified accordingly.Section 36. Effectivity Clause. – This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.
Approved: June 17, 1992.
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