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Wednesday, September 5, 2012

RA 7610, Sec. 10: The Worst Abuses 3

Sec. 10 of RA 7610 enumerates serious abuses other than those in the two previous posts.

1. Prision mayor minimum for any person who commits any other act of child abuse, cruelty or exploitation or is responsible for other conditions under Art. 59 of PD 603 (Child and Youth Welfare Code) but not covered by the Revised Penal Code.

2.) Prision mayor maximum and a fine of not less than Php50,000.00 if a person keeps a minor -who is either 12 years old or below or 10 years or more his junior- in any public or private place, hotel, motel, beer joint, disco, cabaret, sauna, massage parlor, pension house, beach,  and/or other tourist resort. This won't apply if the person in question is a relative of the child within the 4th degree (whether civil or by consanguinity/affinity) or any bond recognized by law, local custom and tradition or is acting in the performance of a social, moral or legal duty.

3.) Prision mayor medium and a fine of not less than Php40,000.00 if a person induces, delivers or offers a minor to anyone prohibited by RA 7610 or have/keep in his company a minor as provided in #2. If the perpetrator is an ascendant, guardian or stepparent of the minor, the penalty will be prision mayor maximum, a fine of not less than Php50,000.00 and loss of parental authority.

4.) Prision mayor medium, a fine of not less than Php50,000.00 and loss of license to operate if the manager, owner or person entrusted with operation of any public/private place of accommodation, whether for occupancy, food, drink, etc.including residential places, allows any person in #2 or 3 any minor with him to the places in question.

5.) Prision correccional medium to reclusion perpetua if a person will coerce, force or intimidate a child -whether a street kid or any other child- to do any of the following:

a.) Beg or use begging as a means of living
c.) Conduct any illegal activities

This last provision serves as a deterrent against abuses of RA 9344. All victims under Sec. 10 or RA 7610 will be entrusted to the care of the DSWD.

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