Child Abuse under Republic Act No. 7610
Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Definition of Child Abuse
Under Section 3(b) of R.A. No. 7610, child abuse refers to the maltreatment, whether habitual or not, of a child.
Who is Considered a "Child"
Section 3(a) defines a child as:
- Persons below eighteen (18) years of age, OR
- Those over 18 but 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
Forms of Child Abuse
Child abuse includes the following acts:
1. Direct Maltreatment
- Psychological abuse
- Physical abuse
- Neglect
- Cruelty
- Sexual abuse
- Emotional maltreatment
2. Acts Against Human Dignity
Any act by deeds or words which debases, degrades, or demeans the intrinsic worth and dignity of a child as a human being
3. Deprivation of Basic Needs
Unreasonable deprivation of the child's basic needs for survival, such as:
- Food
- Shelter
4. Medical Neglect
Failure to immediately give medical treatment to an injured child resulting in:
- Serious impairment of their growth and development, OR
- Permanent incapacity, OR
- Death
Additional Penalties
Section 10(a) of R.A. No. 7610 penalizes any person who commits:
- Any other acts of child abuse, cruelty, or exploitation
- Being responsible for other conditions prejudicial to the child's development
Intent Requirements
Acts Under Section 3(b)(2) - Debasing/Degrading Acts
For acts involving deeds or words which debase, degrade, or demean, the following applies:
- Specific intent to debase, degrade, or demean the intrinsic worth and dignity of a child is an essential element (Bongalon v. People)
- Without such intent, the crime committed might be physical injuries under the Revised Penal Code
Other Forms of Child Abuse - Section 3(b)(1)
For physical abuse and other forms:
- Intent to debase may not be essential
- R.A. No. 7610 punishes crimes that are mala prohibita (wrong because prohibited by law) (Lucido v. People)
Reference: Republic Act No. 7610 - Special Protection of Children Against Abuse, Exploitation and Discrimination Act