Text of the provision
Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor sixteen
(16) years of age or under or who is ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less that Fifty thousand pesos (P50,000.00): Provided, That this provision shall not apply to any person who is related within fourth degree of consanguinity or affinity or any blood recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua. For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve
(12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one
(1) degree higher than that imposed by law when the victim is under twelve
(12) years age. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act, Republic Act No. 7610 (1992), Section 10. Base text verified word-for-word against the LawPhil and ChanRobles renderings; paragraph (b) is the text of Republic Act No. 11648 (2022), verified against the LawPhil and Supreme Court E-Library copies of that Act.
What this section means
The famous catch-all of Philippine child-protection law. Paragraph (a) punishes any other act of child abuse, cruelty or exploitation, or being responsible for conditions prejudicial to the child's development — including those under Article 59 of the Child and Youth Welfare Code — that the Revised Penal Code does not cover, with prision mayor in its minimum period; most prosecutions simply called “child abuse” are laid here. Paragraph (b), as amended by RA 11648, punishes keeping a minor sixteen (16) or under, or ten years one's junior, in one's company in hotels, motels, beer joints, discos, saunas or similar places, with an exemption for close relatives and persons acting under a social, moral or legal duty; paragraphs (c) and (d) reach those who induce or deliver the child to such places and the establishments that allow entry. The closing clause raises the penalty for listed Revised Penal Code crimes one degree higher when the victim is under twelve.
Related provisions
- Section 9 — Obscene Publications And Indecent Shows.
- Section 11 — Sanctions On Establishments.
This section as amended. Republic Act No. 11648 (2022) raised the age used in this provision from twelve to sixteen. The text above is the section as amended by RA 11648; the amended words are taken from RA 11648’s own text, verified word-for-word against the LawPhil and Supreme Court E-Library copies of that Act. Many reproductions of RA 7610 still print the original 1992 wording. Check which version any source you rely on is giving you.
Defects in the received text. In paragraph (b), RA 11648 as published prints “a fine of not less that Fifty thousand pesos” and “any blood recognized by law, local custom and tradition” (the 1992 text read “bond”). Both copies of the amending Act carry these readings, and they are reproduced as printed.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.