Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I

TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS

Section I. Title.  This Act shall be known as the "Special Protection of Children against Child Abuse, Exploitation and Discrimination Act."

Section 2. Declaration of State Policy and Principles.  It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms.

1. "Children" refers to persons below eighteen (18) years of age or those 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;
   
   

2. "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
   
   

2. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;
   
   

3. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
   
   

4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

3. "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not limited to, the following:

1. Being in a community where there is armed conflict or being affected by armed conflict-related activities;
   
   

2. Working under conditions hazardous to life, safety and morals which unduly interfere with 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 any adult supervision needed for their welfare;
   
   

4. Being a member of an indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped 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 disaster or calamity; or
   
   

6. Circumstances analogous to those above stated which endanger the life, safety or normal development of children.

4. "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of services and facilities to protect children against:

1. Child prostitution and other sexual abuse;

2. Child trafficking;

3. Obscene publications and indecent shows;

4. Other acts of abuse; and

5. Circumstances which threaten or endanger the survival and normal development of children.