Implementing Rules and Regulations, Republic of the Philippines

Implementing Rules and Regulations

Date:    January 29, 1994

Source:    Department of Justice

Subject:    Rules and Regulation on the Trafficking of Children

Text:

Pursuant to Section 32 of Republic Act No. 7610 entitled "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for Its Violation and for Other Purposes", the following rules and regulations are hereby issued to implement Article IV of said Act concerning "Child Trafficking":

Section 2. Child Abandoned in an Institution. A hospital, clinic or duly licensed child-caring or placement agency shall report to the Department any child in its care whenever the parent has left the child in the said clinic or child-caring placement agency for seven (7) days without any valid reason and without providing for his care and support.

Section 3. Child Left with a Private Individual. If a child is left by the parent with a private individual for the same period in Section 2 above without providing for the care and support of the child, the private individual who has custody over the child shall report such fact to the Department.

Section 4. Presumption of Abandonment of Child. The following shall be presumed as an intent on the part of a parent to abandon a child:

Failure to provide the care and support of a child for at least six (6) continuous months for no valid reason shall be presumed as an intent to abandon the child unless said failure is due to reasons beyond the control of the parent or due to financial reasons; or

Failure to report to a law enforcement agency or to the Department that the child is missing within seventy-two (72) hours after his disappearance is discovered.

Section 5. Action of Department. Upon receipt of the report of the presence of an abandoned child in a hospital, clinic or private individual, the Department shall, if found true, immediately take custody of said child or arrange for the immediate transfer of the child to a duly accredited child-caring or placement agency. Thereafter, the Department shall file a petition for the involuntary commitment of the abandoned child in favor of a duly accredited child placement agency or private individual in accordance with the provisions of the Code. The Department shall also file the appropriate criminal complaint against the parent who abandoned the child.

Violation of this provision will subject the guilty party to the penalty of arresto mayor and payment of a fine not exceeding Five Hundred Pesos (P500.00). This is without prejudice to the filing of a separate complaint against the guilty party under Article 210 of the Code.

Section 7. Criminal Liability for Abandonment of Child. A parent who abandons a child seven (7) years of age for six (6) continuous months shall, if found guilty, be punished with arresto mayor and payment of a fine not exceeding Five Hundred Pesos (P500.00).

If the child dies as a result of the abandonment, the culprit shall be punished by prison correctional in its medium and maximum periods.

If the child is merely exposed to danger by reason of the abandonment, the culprit shall be punished by prison correctional in its minimum and medium periods.

Section 8. Unaccompanied Foreign Travel of a Child. A child shall not be allowed to travel alone to a foreign country without a travel clearance therefor issued by the Department or a written permit issued under oath by both natural or adoptive parents, or the legal guardian or other person having legal custody of the child.

Section 14. Holding of Departure of a Child. An unaccompanied child shall not be allowed by the Bureau of Immigration personnel at the port of embarkation to depart for a foreign destination except upon presentation of the Department travel clearance or parental travel permit, as the case may be, duly stamped having been received by the Department.

The authorized representative of the Department at the port of embarkation shall provide the immigration personnel thereat with such assistance as may be necessary.

Section 15. Attempt to Commit Child Trafficking. The following shall be liable for the offense of attempt to commit child trafficking as denied and penalized under Section 8 of Republic Act No. 7610:

The parent or other person who is responsible for the travel arrangement of the unaccompanied child;

The pregnant mother who executes an affidavit consenting to the adoption of her unborn child for a consideration;

The head of agency, establishment, child-caring institution or person who recruits women to bear children or couples to procreate;

The physician, surgeon, public officer or other person who, in violation of his profession or office, cooperates in the simulation of the birth for the purpose of trafficking; and

The person, whether natural or judicial, who locates children among low income families, hospitals, clinics, nurseries, day care centers, or other child-caring institutions for the purpose of offering said children for placement or adoption.

Section 16. Presumption of Child Trafficking. There shall be presumption of child trafficking if a person, whether natural of judicial, has under his custody two or more children without any legal basis or without being licensed to act as a foster parent or a child placement agency.

Section 17. Criminal Liability. If any of the offenses described herein is committed by a judicial person, the penalty shall be imposed upon the manager, administrator, representative, director who cooperated or participated in said violation.