A panel in the House of Representatives has recommended for plenary approval a substitute bill which proposes to deter the exploitation of minors and impose stiffer penalties for child abuse.
This came after the House Committee on Welfare of Children, chaired by Rep. Divina Yu of Zamboanga del Sur, approved the bill which substituted House Bills 5662 and 6295 authored by Representatives Geraldine Roman of Bataan and Michael Odylon Romero of 1-PACMAN Party-list, respectively.
The measure amends several sections of Republic Act (RA) 7610, as amended by Republic Act No. 9231, also known as the “Special Protection of Children Against Child Abuse, Exploitation, and Discrimination.”
Roman said the present law needs updating as the penalties imposed therein do not seem attuned to the 21st century.
She said the government enacted RA 7610 on June 17, 1992 to allow the State to play a vital role in the safe and wholesome rearing of children for them to be protected and become good citizens of the country.
“1992 was a quarter of a century ago and now there are still numerous instances where minors are exploited by both foreign and domestic abusers,” Roman said.
The bill amends Section 9 of RA 7610 which provides the penalty of reclusion temporal in its medium period to 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, pose or model in obscene publications or pornographic materials or to sell or distribute the said materials.
If the child is used as a performer, subject or seller/distributor is below 12 years of age, the penalty shall be reclusion perpetua.
Meanwhile, the penalty of reclusion temporal in its maximum period shall be imposed upon “any ascendant, guardian, or person entrusted in any capacity with the care of the 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.”
The measure also seeks to amend Section 10 of RA 7610 so that the penalty of reclusion temporal in its minimum period shall be meted on any person who commits any other acts of child abuse, cruelty, or exploitation or be responsible for the 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.
Parañaque City Rep. Gus Tambunting, another co-author of the bill, said the penalty of reclusion temporal in its medium period and a fine of not less than P500,000 shall be imposed on any person who shall keep or have 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, motel, beer joint discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resorts or similar places.
The bill further states that “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 shall suffer the penalty of prision mayor in its maximum period and a fine of not less than P400,000. Should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty shall be reclusion temporal in its medium period, a fine of not less than P500,000 and the loss of parental authority over the minor”.
The offender shall likewise undergo a reeducation and reorientation program on child protection to be conducted by the Department of Social Welfare and Development.
The penalty of prision mayor in its maximum period and a fine of not less than P500,000 and the loss of the license to operate such a place or establishment shall be imposed on 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 as described in the Act.
The bill imposes the penalty of reclusion temporal to reclusion perpetua to any person who shall use, coerce, force, or intimidate a street child or any other child to conduct any illegal activities.
The penalty of imprisonment of one year and one day to six years or a fine of P100,000 to P400,00, or both, at the discretion of the court, shall be imposed on any employer who violates Section 12, 12-A, and Section 14 of the Act.
Section 12 of RA 7610 states that “children below 15 years of age may be employed except 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."
Section 12-A provides that the employer shall ensure the protection, health, safety and morals of the child. Section 14 states that “No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.”
Lastly, the bill seeks to amend Section 20 of RA 7610 which provides that children of indigenous cultural communities shall not be subjected to any and all forms of discrimination.
It provides the penalty of prision correccional in its medium period and a fine of P50,000 to P100,000 on any person who discriminates against children of indigenous cultural communities.
The offender shall likewise undergo a reeducation and reorientation program on the indigenous peoples culture of the Philippines, to be conducted by the National Commission on Indigenous Peoples or the Philippine Task Force for Indigenous Peoples Rights.