chanroblesvirtualawlibrary
This web page
features
the full text of
Republic
Act No. 7610
RULES
AND REGULATIONS ON THE TRAFFICKING OF CHILDREN
Republika
ng Pilipinas
KAGAWARAN NG
KATARUNGAN
Department
of Justice
Manila
RULES
AND REGULATIONS ON
THE
TRAFFICKING OF CHILDREN
Pursuant to Section 32 of Republic
Act No. 7610 entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND
SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION,
PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES"
,
the following rules and regulations are hereby issued to implement
Article
IV of said Act concerning "child trafficking":chanroblesvirtuallawlibrary
SECTION 1. Definition
of terms. - As used in these Rules, unless the context otherwise
requires:chanroblesvirtuallawlibrary
a. "Child" shall refer to a Filipino citizen who is below
eighteen
(18) years of age;
b. "Trafficking" shall refer to the act of trading or dealing
with
children, including but not limited to, the buying and selling children
for money, or for any other consideration, or barter;
c. "Parent" shall refer to the natural parents, legal guardian
of
a child or one exercising parental authority over the child;
d. "Department" shall refer to the Department of Social Welfare
and Development;
e. "Code" shall refer to Presidential
Decree No. 603, "The Child and Youth Welfare Code"
.
Sec. 2. Child
abandoned in an institution. - A hospital, clinic or duly licensed
child-caring or placement agency shall report to the Department any
child
in its care whenever the parent has left the child in the said
hospital,
clinic or child-caring or placement agency for seen (7) days without
any
valid reason and without providing for his care and support.
Sec. 3.
Child left with a private individual. - If a child is left by
the
parent with a private individual for the same period mentioned in
Section
2 above without providing for the care and support of the child, the
private
individual who has custody over the child shall report such fact to the
Department.
Sec. 4.
Presumption of abandonment of a child. - The following shall be
presumed as an intent on the part of a parent to abandon a child:chanroblesvirtuallawlibrary
a. failure to provide for the care and support of a child for at least
six (6) continuous months for no valid reason shall be presumed as an
intent
to abandon the child unless said failure is due to reasons beyond the
control
of the parent or is due to financial reasons; or
b. failure to report to a law enforcement agency or to the Department
that
the child is missing within seventy-two (72) hours after his
disappearance
is discovered.
Sec. 5.
Action of Department. - Upon receipt of the report of the
presence
of an abandoned child in a hospital, clinic or private individual, the
Department shall, if found true, immediately take custody of said child
or arrange for the immediate transfer of the child to a duly accredited
child-caring or placement agency. Thereafter, the Department shall file
a petition for the involuntary commitment of the abandoned child in
favor
of a duly accredited child placement agency or private individual in
accordance
with the provisions of the Code. The Department shall also file the
appropriate
criminal complain against the parent who abandoned the child.
Sec.
6. Prohibited act. - It shall be unlawful for a hospital,
clinic,
duly accredited child placement agency or person to deliver an
abandoned
child under its custody to a public institution or private individual
without
the written consent of the parent or person who entrusted such child to
its or his care, or in the absence of the latter, of the Department.
Sec. 7.
Criminal liability for abandonment of child. - A parent who
abandons
a child who is under seven (7) years of age for six (6) continuous
months
shall, if found guilt, be punished with arresto mayor and
payment
of a fine not exceeding five hundred pesos (P500.00).
If the child
dies as a result of the abandonment, the culprit shall be punished by prison
correccional in its medium and maximum periods.
If the child
is merely exposed to danger by reason of the abandonment, the culprit
shall
be punished by prison correccional in its minimum and medium
periods.
Sec. 8.
Unaccompanied foreign travel of a child. - A child shall not be
allowed to travel alone to a foreign country without a travel clearance
therefor issued by the Department or a written permit issued under oath
by both natural or adoptive parents, or the legal guardian or other
person
having legal custody of the child.
Sec. 9.
Department travel clearance. - An application for a travel
clearance
authorizing the unaccompanied foreign travel of a child shall be filed
with the Department. The application shall be in the form prescribed by
the Department and shall be signed under oath by both natural or
adoptive
parents of the child, or the guardian or legal custodian of the child.
Sec. 10.
Parental travel permit. - The written permission given by the
natural
or adoptive parents, guardian or legal custodian for the unaccompanied
foreign travel of their child shall be in the form prescribed by the
Department.
It shall be under oath and signed by both natural parents, the adoptive
parent/s or the legal guardian or other person having legal custody of
the child.
If the child
will travel in the company of one of the natural parents or adoptive
parents,
the permit shall be signed by the parent who will stay behind in the
Philippines.
Sec. 11.
Contents of application for Department travel clearance and parental
travel permit. - An application for a Department travel clearance
and
a parental travel permit shall, among others, indicate the exact
address
of the child at the point of destination, the date of departure, the
purpose
and duration of the child's travel and the arrangements for the welfare
of the child in the country of destination.
Sec. 12.
Supporting documents of application for Department travel clearance
and parental travel permit. - An application for the issuance of a
Department travel clearance and a parental travel permit shall be
accompanied
by certified true copies of the following documents:chanroblesvirtuallawlibrary
a. the passport or other travel document of the child, including the
visa
or other appropriate documentation;
b. the child's birth certificate and marriage certificate of the
natural
parents or if the same are not available, other proof of child's age
and
filiation, or the adoption decree, guardianship or custody papers of
the
adoptive parent, guardian or person having legal custody of the child;
and
c. proof that the child will not become a public charge in the country
of destination.
Sec. 13.
Department action on a parental travel permit. - A copy of the
parental
travel permit shall be filed with the Department at least seven (7)
working
days before the scheduled departure of the child.
If the Department,
after investigation, finds that the foreign travel is inimical to the
interest,
it shall request the Bureau of Immigration to place the child in its
hold
departure list and shall notify the parent of the child of said action.
Sec. 14.
Holding of departure of child. - An unaccompanied child shall
not
be allowed by the Bureau of Immigration personnel at the port of
embarkation
to depart for a foreign destination except upon presentation of the
Department
travel permit, as the case may be duly stamped having having been
received
by the Department.
The authorized
representative of the Department at the port of embarkation shall
provide
the immigration personnel thereat with such assistance as may be
necessary.
Sec. 15.
Attempt to commit child trafficking. - The following shall be
liable
for the offense of attempt to commit child trafficking as defined and
penalized
under Section 8 of Republic Act No. 7610:chanroblesvirtuallawlibrary
a. The parent or other person who is responsible for the travel
arrangements
of the unaccompanied child;
b. The pregnant mother executes an affidavit consenting to the adoption
of her unborn child for a consideration;
c. The head of the agency, establishment, child-caring institution or
person
who recruits women to bear children or couples to procreate;
d. The physician, surgeon, public officer or other person who, in
violation
of his profession or office, cooperates in the simulation of the birth
for the purpose of trafficking;
e. The person, whether natural or judicial, who locates children among
low-income families, hospitals, clinics, nurseries, day care centers,
or
other child-caring institutions for the purpose of offering said
children
for placement or adoption.
Sec. 16.
Presumption of child trafficking. - There shall be presumption
of
child trafficking if a person, whether natural or judicial, has under
his
custody two or more children without any legal basis or without being
licensed
to act as a foster parent or a child placement agency.
Sec. 17.
Criminal liability. - If any of the offenses described herein is
committed by a juridical person, the penalty shall be imposed upon the
manager, administrator, representative, director, agent, or employee
who
committed the violation or who caused, directed, cooperated or
participated
in said violation.
Sec. 18.
Effectivity. - These Rules shall take effect upon approval by
the
Secretary of Justice and fifteen (15) days after its publication in two
(2) newspapers of general circulation.
Done in the
City of Manila this 24th day of January 1994.
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