Read alongside later law. Trafficking of children is now principally prosecuted under a dedicated statute. Republic Act No. 9208 (2003), as amended by Republic Act No. 10364 (2012), the Anti-Trafficking in Persons Act, governs trafficking and generally carries the heavier penalties. The provision below remains on the books, but a trafficking case today is usually brought under RA 9208 as amended.
Text of the provision
Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under sixteen
(16) years of age.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act, Republic Act No. 7610 (1992), Section 7, as amended by Republic Act No. 11648 (2022). The amended text is RA 11648’s own, verified against the LawPhil and Supreme Court E-Library copies of that Act; the base text is verified against the LawPhil and ChanRobles renderings of RA 7610.
What this section means
Punishes trading and dealing with children, including buying or selling a child for money, other consideration or barter, with reclusion temporal to reclusion perpetua. As amended by Republic Act No. 11648 (2022), the penalty is imposed in its maximum period when the victim is under sixteen (16) years of age. Trafficking of children is now also — and more heavily — punished under the Anti-Trafficking in Persons Act (RA 9208, as amended by RA 10364 and RA 11862), which carries life imprisonment where the trafficked person is a child.
Questions about this provision
- Is buying or selling a child a crime under the child protection law?
- Is the penalty for child trafficking heavier when the child is very young?
- What is the penalty for buying, selling, or trading a child in the Philippines?
Related provisions
- Section 5 — Child Prostitution And Other Sexual Abuse.
- Section 9 — Obscene Publications And Indecent Shows.
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.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.