TOPIC 1: ALL ABOUT CHILDREN &
ABUSE/SPECIAL LAWS ON PROTECTION
ABIGAIL ORESTE BARRERA-RAYALA
Police Officer 2
WCPD INVESTIGATOR

• "There is no more fundamental test of a
society than how it treats its children."
-RONALD RAEGAN

DEFINITION OF TERMS
WHO IS A CHILD? [The Legal Definition . . . RA
7610]
• CHILD- Refers to a person below 18 years of
age. Person over 18 years of age unable to care
for or protect self from abuse, neglect, cruelty or
exploitation due to mental or physical disability.
• Child Abuse - Consists of any act, or failure to
act, that endangers a child’s physical or emotional
health and development Whether habitual or not,
regardless of intention, regardless of
“cooperation” by child, which includes the
following:

DEFINITION OF TERMS
• Also sometimes called child maltreatment
• child abuser - is any person regardless of age,
sex, race, creed or color who deliberately commits
or perpetuates any acts defined as constituting
child abuse. A child abuser is usually a person
known or trusted by the child--can be a family
member, a relative, neighbor, friend, teacher, baby
sitter or caregiver. He or she may also be a
stranger to the child. Study shows that most child
abusers have been victims of child abuse.

WHEN DO RIGHTS BEGIN?
• Philippine Constitution, Article II, Sec. 12 -
“The State recognizes the sanctity of
family life and shall protect and strengthen
the family as a basic and autonomous
social institution. It shall equally protect the
life of the mother and the life of the unborn
from conception…….”.

WHEN DO RIGHTS BEGIN?
• PD 603, Article 3, # 1:
“ A child is endowed with the dignity and
worth of a human being from the moment
of conception, as generally accepted in
medical parlance, and is therefore entitled
with the right to be born well”.

RIGHTS OF A CHILD
• * It is my right to be born, to have a name and
nationality
• * To have a family who will and care for me
• * To live in a peaceful community and a
wholesome environment.
• * To have adequate food and a healthy and
active body
• To obtain a good education and develop my
potential.

RIGHTS OF A CHILD
• * To be given opportunities for play and leisure
• * To be protected against abuse, exploitation,
neglect, violence and danger.
• * To be defended and given assistance by the
government.
• * To be able to express my own views

FORMS OF ABUSE
• 4 major categories of Child Abuse
• PHYSICAL ABUSE
• EMOTIONAL/PSYCHOLOGICAL ABUSE
• SEXUAL ABUSE
• NEGLECT

FORMS OF ABUSE
• Physical Abuse - Includes but is not
limited to laceration, fractured bones,
internal injuries, severe injury or serious
bodily harm.
• Psychological Abuse-Harm to child’s
psychological or intellectual functioning
exhibited by a change in behavior,
emotional response or cognition
•

FORMS OF ABUSE
• Neglect- Failure to provide, for reasons
other than poverty, adequate food,
clothing, shelter, basic education or
medical care so as to endanger the
physical, mental, social and emotional
growth and development of the child.
• Endangerment can be considered a form
of neglect (or goes even beyond neglect
because it may have such immediate
tragic consequences).

FORMS OF ABUSE
• Sexual Abuse- Includes the use of a child to engage in
sexual intercourse or lascivious conduct, molestation or
prostitution of, or incest with, regardless of consent.
• Lascivious Conduct- Includes intentional touching of
the genitalia, anus, groin, breast inner thigh or buttocks
of a child, directly or through clothing- Introduction of any
object into the genitalia, anus or mouth of a child
• Exploitation- Includes the performance or posing of any
child in obscene exhibition and indecent shows-.Selling
or distribution of child pornography materials.(RA 7610
Sec. 2(i) Rules and Regulations on Reporting and
Investigation of Child Abuse Cases)
•

FORMS OF ABUSE
• Cruelty - Any act by word or deed which
debases, degrades or demeans the
intrinsic worth and dignity of a child.

Theories of Child Abuse

RECOGNIZING SUSPECTED ABUSE
AND POTENTIAL PERPETRATORS
• Common Types of injuries
(not all inclusive)

RECOGNIZING SUSPECTED ABUSE
AND POTENTIAL PERPETRATORS
• unexplained injuries;
• poor hygiene;
• inadequate nutrition;
• failure to thrive;
• lack of supervision or abandonment

RECOGNIZING SUSPECTED ABUSE
AND POTENTIAL PERPETRATORS
• Warning signs of emotional abuse in
children
• Excessively withdrawn, fearful, or anxious about doing
something wrong.
• Shows extremes in behavior (extremely compliant or
extremely demanding; extremely passive or extremely
aggressive).
• Doesn’t seem to be attached to the parent or caregiver.
• Acts either inappropriately adult (taking care of other
children) or inappropriately infantile (rocking, thumb-
sucking, throwing tantrums).

RECOGNIZING SUSPECTED ABUSE
AND POTENTIAL PERPETRATORS
Warning signs of neglect in children
• Clothes are ill-fitting, filthy, or inappropriate for
the weather.
• Hygiene is consistently bad (unbathed, matted
and unwashed hair, noticeable body odor).
• Untreated illnesses and physical injuries.
• Is frequently unsupervised or left alone or
allowed to play in unsafe situations and
environments.
• Is frequently late or missing from school.

Warning signs of sexual abuse in children
• Trouble walking or sitting.
• Displays knowledge or interest in sexual acts
inappropriate to his or her age, or even seductive
behavior.
• Makes strong efforts to avoid a specific person, without
an obvious reason.
• Doesn’t want to change clothes in front of others or
participate in physical activities.
• An STD or pregnancy, especially under the age of 14.
• Runs away from home
RECOGNIZING SUSPECTED ABUSE
AND POTENTIAL PERPETRATORS

Parents;
Relatives
Care givers
Person/s that the child trust
RECOGNIZING SUSPECTED ABUSE
AND POTENTIAL PERPETRATORS

RECOGNIZING SUSPECTED ABUSE
AND POTENTIAL PERPETRATORS
Factors Affecting/Influencing perpetrators
• Substance abuse
• Poverty/Unemployment
• Poor coping/parenting skills
• Immaturity
• Poor Education
• History of abuse/domestic violence
• Behavioral /Psych/Depression
• Social Isolation

• Presidential Decree 603 - The Child&
Youth Welfare Act
• Republic Act 7610 - An Act Providing for
Stronger Deterrence & Special Protection
Against Child Abuse, Exploitation &
Discrimination;
SPECIAL LAWS ON PROTECTION OF CHILDREN
AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS]

• RA 9231 – “an act providing for the elimination
of the worst forms of child labor and affording
stronger protection for the working child”
(amending republic act no. 7610, as amended)
RA 9262- Anti-Violence Against Women and their Children
Act of 2004
*Defines , penalizes and provides protective
measures against violence against women and
their children
SPECIAL LAWS ON PROTECTION OF CHILDREN
AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS]

• Offense may be committed by any person
against a woman who is his wife, former wife,
with whom the person has or had a sexual or
dating relationship, or with whom he has a
common child, or against her child whether
legitimate or illegitimate, within or without the
family abode
• Includes the prostitution of a woman and her child as a
form of sexual violence
• Imposable penalty is prision mayor or 6 years and 1 day
to 12 years
SPECIAL LAWS ON PROTECTION OF CHILDREN
AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS]

SPECIAL LAWS ON PROTECTION OF
CHILDREN AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS
• RA 9344 - Juvenile Justice and Welfare
Act of 2006
NOTE* The law covers only CRIMINAL
LIABILITY.
• The law principally deals with AGE – which is
determinative of the subsequent actions to be taken on
the child.
• The law has tasked the Punong Barangay, Law
Enforcer, Prosecutor and Judges of determining the age
of the child.

SPECIAL LAWS ON PROTECTION OF
CHILDREN AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS
• R.A. 9208- Anti-Trafficking in Persons Act
of 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 PURPOSES

SPECIAL LAWS ON PROTECTION OF
CHILDREN AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS
RA 9775- "Anti-Child Pornography Act of
2009“
Declaration of Policy: The State recognizes
the vital role of the youth in nation building and
shall promote and protect their physical, moral,
spiritual, intellectual, emotional, psychological
and social well-being.

The State shall:
SPECIAL LAWS ON PROTECTION OF
CHILDREN AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS
(a)Guarantee the fundamental rights of every child
from all forms of neglect, cruelty and other
conditions prejudicial to their development;
(b) Protect the child from all forms of exploitation
and abuse including, but not limited to:
(1) the exploitative use of a child or children
in pornographic performances and
materials; and
(2) the inducement or coercion of a child to
engage in or perform any sexual activity or
practices, through whatever means; and

c) Comply with international treaties to which the
Philippines is a signatory or a State party concerning the
rights of children which include:
 Convention on the Rights of the Child;
 2nd Optional Protocol to the Convention on the
Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography;
 International Labor Organization (ILO) Convention
No. 182 on the Elimination of the Worst Forms of
Child Labor and the Convention Against
Transnational Organized Crime.
SPECIAL LAWS ON PROTECTION OF
CHILDREN AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS

• RA 10267- The Anti-Bullying Act of 2013
signed last September 12, 2013 by Pres
Benigno Simeon Cojuanco Aquino
SPECIAL LAWS ON PROTECTION OF
CHILDREN AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS