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Crimes against children are punished under several laws, including the revised penal code of 1935 and

the Rape law of 1997. although the Philippines Congress passed R.A 7610 The Anti-Child Abuse Law in 1992, there has been no definitive ruling whether this Act supersedes all previous laws. Consequently, when a prosecutor files a child abuse case in court, he or she will include all statutes relevant to crimes against children.

Who is a child? A CHILD refers to a person below eighteen (18) years of age or one over said age and who, upon evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable of taking care of themselves fully because of a physical or mental disability or condition or protecting themselves from abuse.

Child abuse refers to the maltreatment, whether habitual or not, of the child and includes the following acts:

1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatments. 2. Any acts 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 their basic needs for survival as foods and shelter

4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of her growth an development or in her permanent incapacity or death (sec 3 (b) of RA 7610)

SIMPLY, stated, child abuse refers to the imposition of physical or psychological injury, cruelty to, or neglect, sexual abuse or exploitation of a child.

1. CRUELTY
Refers to any act by word or deed which debases, degrades demeans the intrinsic worth and dignity of a child as a human being. ( Discipline administered by a parent or a legal guardian to a child does not constitute cruelty provided it is reasonable in manner and moderate in degree and does not constitute physical or psychological injury.

2. PHYSICAL ABUSE
Refers to any act which results to a non-incidental and or

unreasonable infliction of physical injury which includes, but is not limited to, lacerations, fractured bones, burns, internal injuries, severe injuries or serious bodily harm.

3. Psychological abuse
Refers to any harm to childs emotional, psychological or intellectual functionality which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of both behavior, which may be demonstrated by a

change in behavior, emotional response or cognition.

4. Child Neglect
Refers to the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, basic education or medical care so

as to endanger seriously the physical, mental, social, and emotional growth and development. Neglect also includes:
Abandonment or concealment of a child Failure to give education commensurable to a familys social state and financial condition Causes or permits childs truancy (absenteeism) Allows child to possess or carry deadly weapons Allows child to drive without or with a fake license

5. Sexual Abuse
Refers to any employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in any of the following:
SEXUAL INTERCOURSE LASCIVIOUS CONDUCT MOLESTATION PROSTITUTION INCEST WITH CHILDREN

Attempt to commit prostitution when any person who, not being a relative of a child, is found alone with the child inside a room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar places, vessels, vehicles,, or any other hidden or secluded area under suspicious circumstances. When any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and similar places. Any person who shall keep or house in his company a minor (12) years or under or who is (10) years or more his junior in any public or private place, hotel, etc. Inducing or delivering or offering a minor to any person prohibited by law to keep or have in his company a minor. Any person, owner or manager or one entrusted with the operation of any public or private place of accommodation, who allows a person to take with him a minor to such place.

It is difficult to predict what effect of the abuse will be in the child. Certainly the abused child is at greater risk for developing psychological, emotional, and adjustment difficulties. Some children may not even manifest the effects until they are older or when they become adults. Do not be surprised of the child looks and behaves as if nothing happened. It might take some time before the reaction sets in; consequently, it is best that a child is referred for counseling.

EVEN IF A CHILD FILES AN AFFIDAVIT OF DESISTENCE, THE INVESTIGATION MUST CONTINUE!!!! CHILD ABUSE IS A PUBLIC CRIME AND MUST BE PURSUED EVEN IF THE VICTIM DOES NOT COOPERATE,

Any person who learns of facts or circumstances that hive rise to the belief that a child has suffered abuse may report either orally or in writing to:

Victim Parents of Guardians Relative within three degrees of consanguinity Officer or social worker of the Department Of Social Welfare and Development Police or other law enforcement agency Barangay Chairman Teachers or School Administrators At least 3 concerned, responsible citizens of the locality in which the violation occurred.

Certain members of the community are required by law to report cases of suspected child abuse and will be considered liable if they do not. These individual include:

Medical Personnel the head od any public or private hospital, medical clinic and similar institution, as well as the attending physician and nurse must report either orally or in writing the examination or treatment of a child who appears to have sufferers abuse within 48 hours of examination. Government workers all government workers and employees whose work involves dealing with children must report all incidents of suspected child abuse cases. They include:
Public school teachers Law enforcement and corrections officers, including probation officers Barangay officials Government Lawyers

A person who, acting in good faith, reports a case of suspected child abuse shall be free from any civil or administrative liability arising from the report. There shall be presumption that any such person acted in good faith.

The PNPs role is primarily to investigate allegations of child abuse or of other criminal conduct in which children are involved in any capacity. This includes both emergency protection of the victim, protection of the child from trauma, determination of a violation of the law, obtaining evidence necessary for the prosecution and apprehension of the suspect, as needed. The law enforcer also has the role of working within multidisciplinary framework to prevent new victims through advocacy and education of the communtiy.

The role of the DSWD is to protect the child from abuse, neglect and exploitation, to provide initial assessment and evaluation, and to provide support services through the victim advocate or court intervention.

Medical personnel are mandated reporters of child abuse. Child protection specialist and medico-legal officers provide forensic evaluation through the documentation of injuries, evidence collection and interpretation of medical findings.

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