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Date:
June 17, 1992
Source:
Official Gazette, Vol. 88, No.
30
Subject:
Child Trafficking
Text:
ARTICLE IV
Section 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 other 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 twelve
(12) years of age.
Section 8. Attempt to
Commit Child Trafficking. There is an attempt to commit
child trafficking under Section 7 of this Act:
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When a child travels alone to a foreign country without valid
reason therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child’s parents or
legal guardian;
-
When a pregnant mother executes an affidavit of consent for
adoption for a consideration;
-
When a person agency, establishment or child-caring
institution recruits women or couples to bear children for the purpose of child
trafficking;
-
When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person simulates birth for
the purpose of child trafficking; or
-
When a person engages in the act of finding children among
low-income families, hospitals, clinics, nurseries, day-care centers, or other
child-caring institutions who can be offered for the purpose of child
trafficking.
A penalty lower by two (2) degrees than that prescribed for
the consummated felony under Section 7 hereof shall be imposed upon the
principals of the attempt to commit child trafficking under this Act.
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