Text of the provision

Sec. 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.

Special Protection of Children Against Abuse, Exploitation and Discrimination Act, Republic Act No. 7610 (1992). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.

What this section means

Sets circumstances that push the penalty to its maximum period: a previous conviction under the Act; a responsible officer or employee of a corporation, partnership or association; and a perpetrator who is an ascendant, parent, guardian, stepparent or collateral relative within the second degree, or a manager or owner of an unlicensed establishment. A foreigner is deported after serving sentence and permanently barred from entry; a public officer or employee also gets the maximum period, plus perpetual or temporary absolute disqualification where the penalty is reclusion perpetua or reclusion temporal, or suspension where it is prision correccional or arresto mayor. A court-determined fine is held as a cash fund by the Department of Social Welfare and Development for the child victim's rehabilitation.

Related provisions

Cases citing this section

Note. The text above is reproduced in full from Republic Act No. 7610, verified against the LawPhil and ChanRobles renderings. The annotation around it is the work of Vivas & Nobles Law Office and is general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.