I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The Child Abuse Law, RA 7610, defines child trafficking as" trading and dealing with children including, but not limited to, the act of buying and selling a child for money, or for any other consideration, or barter." The penalty for child trafficking is reclusion temporal to reclusion perpetua; and if the the child-victim is below 12 years old, the penalty is reclusion perpetua. If the crime is merely an attempt to commit child trafficking, the penalty is 2 degrees lower (prision correccional if consummation of the crime is punishable by reclusion temporal and prision mayor if it's by reclusion perpetua.)
The following are indicators of attempts to commit child trafficking:
1.) A child travelling alone to a foreign country without any valid reason and without a DSWD clearance or written permit or justification from his parents. This is to be correlated with the Inter-country Adoption Law. Foreign foster parents can't extract a child without a DSWD clearance.
2.) A person, agency, establishment or child-caring institution recruiting women or couples to bear children for child trafficking purposes.
3.) A doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates a birth for child trafficking purposes.
4.) A person finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-caring institutions who can be offered for child trafficking purposes.
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