1. REVIEW OF RELEVANT LAWS ON CHILD SEXUAL ABUSE AND COMMERCIAL EXPLOITATION

2. Outline of Presentation
Relevant Provisions of RA 7610
Pertinent Provisions of the RPC
RA 9208 (The Anti-Trafficking in Persons Act of 2003)

3. Republic Act No. 7610
Special Protection of Children Against Child Abuse, Exploitation and Discrimination

4. Definition
Children - persons below 18 years of age or those over but are unable to 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.

5. Definition
CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following;
Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

6. Definition
CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following;
Unreasonable deprivation of his basic needs for survival, such as food and shelter
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

7. Offenses Against Children under RA 7610
Child Prostitution and other sexual abuse
Attempt to commit child prostitution
Child Trafficking
Attempt to commit child trafficking
Child pornography and indecent shows and publication
Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development

8. Child Prostitution and Other Sexual Abuse
Who are deemed to be children exploited in prostitution and other sexual abuse?
Children, whether male or female,
Who for money, profit, or other consideration or due to coercion or influence of adult, syndicate or group
Indulge in sexual intercourse or lascivious conduct

9. Child Prostitution and Other Sexual Abuse
What is lascivious conduct?
Means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks; or any act of lewdness;
Done with force or intimidation, fraudulent machination or grave abuse of authority; or where the offended party is deprived of reason or otherwise unconscious;
With intent to abuse, humiliate, harass, degrade the child, or arouse or gratify the sexual desire of any person
Bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person

10. Child Prostitution and Other Sexual Abuse
Who may be liable?
Those who engage in, or promote, facilitate or induce child prostitution which includes, but are not limited to, the following:
acting as a procurer of a child prostitute
inducing a person to be a client of a child prostitute
taking advantage of influence or relationship to procure a child as a prostitute
threatening or using violence towards a child to engage him as a prostitute
giving monetary consideration/pecuniary benefit
Penalty- Reclusion Temporal med-Reclusion Perpetua

11. Child Prostitution and Other Sexual Abuse
Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse.
Penalty-same with Art. 335 and 336 of RPC except if victim is under 12 yrs (Rec.Temp. med)
Those who derive profit or advantage therefrom -as manager or owner of the establishment where the prostitution takes place/establishment serving as cover or which engages in prostitution other than activity it was licensed for.
Penalty-Reclusion Temporal med-Reclusion Perpetua

12. Attempt to Commit Child Prostitution
Any person, 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 establishment, vessel, vehicle or any other hidden or secluded area which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.
Any person, receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments.
Penalty- 2 deg.lower than that prescribed for the consummated felony

13. 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.
Penalty-Reclusion Temporal-Reclusion Perpetua. If victim is under 12 years, maximum period

14. Attempt to Commit Child Trafficking
Allowing a child to travel alone to a foreign country
Pregnant woman’s execution of affidavit of consent to adoption of unborn child for consideration
Recruitment of women or couples for child bearing for purposes of child trafficking
Simulation of birth by doctor, hospital, clinic official, etc. for the purpose of child trafficking
Finding children among low-income families, hospitals etc. to sell
Penalty- 2 deg. Lower from the consummated felony

15. Obscene Publication and Indecent Shows
hire obscene exhibitions live or
employ perform indecent shows in video
use pose/model Obscene publications
pornographic materials
Person persuade child
induce sell pornographic materials
coerce distribute
Penalty- Prision Mayor. If under 12 years, maximum period.

16. Obscene Publications and Indecent Shows:
Any ascendant, guardian, or person entrusted in any capacity with 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 medium.

17. Other Acts of Abuse
Any person who shall commit any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Art. 59 of PD 603, but not covered by the Revised Penal Code
Penalty- Prision Mayor Minimum

18. Other Acts of Abuse
Any person who shall keep or have in his company a minor, twelve (12) years or under or who is 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.
Exception:Person related within the fourth degree of consanguinity or affinity or any bond recognized by law, local customs and tradition or acts in the performance of a social, moral or legal duty.
Penalty- Prision Mayor maximum and fine of not less than Php 50,

19. Other Acts of Abuse
Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A as above described.
Penalty-Prision Mayor Medium and fine of not less than Php 50,00.00.
Any person, owner, manager or one trusted 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 such place or places any minor herein described.
Penalty-Prision Mayor Medium and fine of not less than Php 50,000.00

20. Other Acts of Abuse
Any person who shall use, coerce, force or intimidate a street child or any other child to:
beg or use begging as a means of living
act as conduit or middleman in drug trafficking or pushing
conduct any illegal activities.
Penalty- Prision Correccional Medium-Reclusion Perpetua

21. Penalties for Specific Crimes
When victim is under 12 years and for purposes of this act, the penalties for Murder, Homicide, other intentional mutilation, Serious Physical Injuries-Reclusion Perpetua.
For Qualified Seduction, acts of lasciviousness with consent, corruption of minors, white slave trade- one degree higher than that imposed by law.

22. Remedial Procedures Who may file a complaint? Offended Party
Parents or Guardians
Ascendant or collateral relative within 3rd degree of consanguinity
Officer, social worker or representative of a licensed child-caring institution
Officer or social worker of the DSWD
Barangay Chairman, or
Three (3) concerned, responsible citizens where the offense was committed

23. Remedial Procedures Protective Custody of the Child
(DSWD will be free from any administrative, civil or criminal liability)
Confidentiality
Name of the offended party withheld from the public until the court acquires jurisdiction
Unlawful to cause undue and sensationalized publicity of any case
Special Court Proceedings
Protection of victim from undue publicity (IRR) records

24. Pertinent Provisions of the Revised Penal Code

25. Rape (Art. 266-A) As amended by RA 8353, “The Anti-Rape Law of 1997”
Expanded the definition of the crime of rape to include sexual assault
Reclassified rape as a crime against persons
Added “fraudulent machinations or grave abuse of authority” as a fourth mode of committing rape under parag.1
Considered demented persons statutory rape

26. Rape (Art. 266-A) As amended by RA 8353, “The Anti-Rape Law of 1997”
How rape is committed?:
By a man who shall have carnal knowledge with a woman under any of the following circumstances:
through force, threat or intimidation
when the offended party is deprived of reason or otherwise unconscious
by means of fraudulent machination or grave abuse of authority
when the offended party is under 12 or is demented, even though none of the circumstances mentioned above

27. Rape (Art. 266-A) As amended by RA 8353, “The Anti-Rape Law of 1997”
How rape is committed?:
By any person who, under any of the circumstances mentioned in par. 1, shall commit an act of sexual assault by inserting
his penis into another’s mouth or anal orifice
any instrument or object into the genital or anal orifice of another person

28. Other Crimes under the RPC
Acts of lasciviousness (Art. 336)
offender commits any act of lasciviousness or lewdness
committed using force or intimidation; offended party is deprived of reason or otherwise unconscious; offended party is below twelve (amended by RA 7610)
Acts of lasciviousness with the consent of the offended party
offended party is a woman above 12 or under 18
committed under the circumstances and by the same circumstances under Arts. 337 and 388

29. Other Crimes under the RPC
Qualified seduction
offended party was a virgin at the time of the commission of the offense
offended party is over 12 but under 18
offender had carnal knowledge
offender is one of those persons enumerated under Art. 337 par. 1 (a person in public authority, a priest, house-servant, domestic, guardian, teacher, or any person entrusted with the custody or education if the woman)
Note: consent or deceit not essential elements; virginity refers to chaste character not physical virginity

30. Other Crimes under the RPC
Simple seduction
offended party must be single or a widow
of good reputation (virginity not essential)
over 12 and under 18
offender had carnal knowledge of her
act was committed by means of deceit

31. Other Crimes under the RPC
Corruption of minors
how committed?
Habitually promoting or facilitating the prostitution or corruption of a minor of either sex
promoting or facilitating the prostitution or corruption of a minor, the offender availing of his authority over the minor, or acts with abuse of confidence
Note: habituality or abuse of authority is no longer an element of the offense (BP 92)

32. Other Crimes under the RPC
White Slave Trade
how committed?
By engaging in the business of prostitution
By profiting by prostitution
By enlisting the services of women for the purpose of prostitution
liability attaches: a) enlistment without sharing in the profit; or b) sharing in the profit without enlistment

33. Other Crimes under the RPC
Forcible abduction
the persons kidnapped must be a woman (immaterial whether she is a widow, married or virgin)
committed against her will (except for those under 12)(by means of deceit or violence)
committed with unchaste designs, that is with the intention of lying with the woman (if w/o lewd designs, illegal detention; but if forcibly taken to coerce her to marry him, grave coercion)

34. Anti-Trafficking in Persons Act of 2003
Pros. Lolita L. Lomanta
Office of the Cebu Provincial Prosecutor

35. Republic Act 9208
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS EXPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES

36. DEFINITION OF TERMS TRAFFICKING IN PERSONS: Refers to the:
a) recruitment,
b) transportation,
c) transfer, or
d) harboring, or
e) receipt of persons
with or without the victims consent or knowledge,
within or across national borders

37. threat or use of force, or other forms of coercion,
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
g) the giving or receiving of payments
or benefits to achieve the consent of a
person having control of another person

38. For the purpose of exploitation which includes at the minimum:
a) exploitation or prostitution
b) other forms of sexual exploitation
c) forced labor or services, slavery, servitude or
d) removal or sale of organs
If the victim is a child, the recruitment, transportation, transfer, harboring or receipt shall be considered “trafficking in persons” even if it does not involve any of the means set forth in the preceding paragraph

39. Acts of Trafficking in Persons
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, etc…

40. Acts of Trafficking in Persons (2)
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, etc…

41. Acts of Trafficking in Persons (3)
To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, etc…

42. Acts of Trafficking in Persons (4)
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;
To maintain or hire a person to engage in prostitution or pornography;

43. Acts of Trafficking in Persons (5)
To adopt or facilitate the adoption of persons for the purpose of prostitution, etc…
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

44. Acts of Trafficking in Persons (6)
To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad

45. Acts that Promote Trafficking in Persons
To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons

46. Acts that Promote Trafficking in Persons (2)
To produce, print and issue or distribute un-issued, 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

47. Acts that Promote Trafficking in Persons (3)
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, or any brochure, flyer, or any propaganda material that promotes trafficking

48. Acts that Promote Trafficking in Persons (4)
To assist in the conduct of misrepresentation or fraud for purposes of facilitation the acquisition of clearances and necessary exit document from government agencies mandated to provide pre-departure registration and services for the purpose of promoting trafficking

49. Acts that Promote Trafficking in Persons (5)
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 un-issued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons

50. Acts that Promote Trafficking in Persons (6)
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

51. Acts that Promote Trafficking in Persons (7)
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

52. Qualified Trafficking in Persons
When the trafficked person is a child
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, etc..

53. Qualified Trafficking in Persons (2)
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

54. Qualified Trafficking in Persons (3)
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

55. Qualified Trafficking in Persons (4)
When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies
When the offender is a member of the military or law enforcement agencies

56. Qualified Trafficking in Persons (4)
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).

57. Penalties
Acts of Trafficking – imprisonment of twenty (20) years and a fine of not less than One million Pesos but not more than Two million pesos

58. Penalties (2)
Acts that promote trafficking – imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos but not more than One million pesos

59. Penalties (3)
Qualified trafficking – life imprisonment and a fine of not less than Two million pesos but not more than Five million pesos

60. 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).

61. Confidentiality
At any stage of the investigation, prosecution and trial of an offense under the 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.
Law enforcement officers, prosecutors and judges to whom the complaint has been referred may 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 shall not be disclosed to the public

62. Confidentiality
In cases when the 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.
Penalty: imprisonment of six (6) years and a fine of not less than Five hundred pesos but not more than One million Pesos

63. PROGRAMS AND PROTECTION (2)
Roles and Responsibilities of LGUs:
Monitor and document cases of trafficked persons in their areas of jurisdiction
Effect the cancellation of licenses of establishments which violate the provisions of the Act and ensure its effective prosecution
Undertake an information campaign against trafficking in persons through the establishment of the MAIN desks in municipalities and provinces in coordination with DILG, PIA, CFO, NGOs

64. PROGRAMS AND PROTECTION (3)
Roles and Responsibilities of LGUs:
Encourage and support community based initiatives which address trafficking in persons;
Provide basic social services for the prevention, rescue, recovery, rehabilitation and reintegration/after care services to victims of trafficking and their family
Enact ordinances or issuances aimed at providing protection and support to trafficked persons and adopt measures to prevent and suppress trafficking

65. PROGRAMS AND PROTECTION (4)
Roles and Responsibilities of LGUs:
Strengthen, activate and mobilize existing committees, councils, similar organizations and special bodies at the provincial, city, municipal and barangay levels to prevent and suppress trafficking in persons

66. PROGRAMS AND PROTECTION (6)
Legal Protection –
trafficked persons are recognized as victims and shall not be penalized for crimes directly related to the acts of trafficking or in obedience to the order made by the trafficker. Consent of trafficked person to the intended exploitation shall be irrelevant.
Witness protection program under R.A. 6981
Mandatory services:
Emergency shelter or appropriate housing
Counseling
Free legal services
Medical or psychological services
Livelihood and skills training
Educational Assistance to a trafficked child

67. Who can file complaint:
Any person who has personal knowledge of the commission of any offense under this Act
The Trafficked person
The parents
Spouse
Siblings
Children
Legal Guardian

68. Where to file complaint:
Where the offense was committed,
Where any of its element occurred, or
Where the trafficked person actually resides at the time of the commission of the offense
Proviso: that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts

69. Prescriptive period:
Trafficking cases under this Act shall prescribe in ten (10) years.
Exception: When committed by a syndicate or in a large scale, they prescribe in twenty (20) years.

70. THE END
DAGHANG SALAMAT
Good Day To All!!!