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!
This post is related to the ones on child trafficking and minors. RA 7610, the Child Abuse Law, was created to improve the protection of children from exploitation.
Children
RA 7610 defines children as "persons below 18 years of age or over but are 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." Consequently, it is possible to consider a 34-year old man a child if he suffers from a mental disability.
Child Abuse
Child abuse refers to maltreatment (whether habitual or not) of a child. any of the following under RA 7610 is considered child abuse:
1.) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment
2.) Any act by deeds or words that debases, demeans, or degrades the the intrinsic worth and dignity of a child as a human being
3.) Unreasonable deprivation of a child's basic needs, i.e. food, shelter, etc.
4.) Failure to give immediate medical treatment to an injured child resulting in serious impairment, of his growth and development or permanent incapacity or death
There are circumstances which gravely threaten/endanger the survival and normal development of children. These are areas of concern that need to be addressed in order to at least curb the exploitation of children. They're not crimes in themselves and aren't limited to the following:
1.) Being in a community where there is armed conflict or being affected by activities related to armed conflict
2.) Working under conditions that are hazardous to health, safety and morals which interfere with the their normal development
3.) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life (a.k.a. Street Children)
4.) Being a member of an indigenous cultural community and/or living in conditions of extreme poverty or in an underdeveloped area and/or lacks or has inadequate access to basic services needed for a good quality of life
5.) Being a victim of a man-made or natural calamity/disaster
6.) Circumstances analogous to the above-mentioned ones which endanger the life, safety or normal development of children
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