Increasing Age for Statutory Rape

• Article 266-A (1)(d) of Act No. 3815


  Rape is committed when the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present
• There shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative
• If the victim is under thirteen (13) years of age, this exception shall not apply
• Non-abusive


  Absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim
• Non-exploitative


  There is no actual or attempted act or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities
• Qualified seduction


  The seduction of a minor, sixteen and over but under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced
• Simple seduction


  The seduction of a minor, sixteen and over but under eighteen years of age, committed by means of deceit
• Child prostitution and other sexual abuse


  Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct
• When the victim is under sixteen (16) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, otherwise known as "The Revised Penal Code", for rape, or lascivious conduct, as the case may be
• The penalty for lascivious conduct when the victim is under sixteen (16) years of age shall be reclusion temporal in its medium period
• 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
• The penalty for child trafficking shall be imposed in its maximum period when the victim is under sixteen (16) years of age
• Obscene publications and indecent shows

  Any person who shall hire, employ, use, persuade, induce, or coerce a child to perform in, obscene exhibitions and indecent shows, whether live of in video, or model in obscene publications or pornographic materials, or to sell or distribute the said materials
• If the child used as a performer, subject, or seller/distributor is under eighteen (18) years of age, the penalty shall be imposed in its maximum period
• Keeping or having in company a minor sixteen (16) years of age or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places

  Any person who shall keep or have in his company a minor sixteen (16) years of age or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places
• This provision shall not apply to any person who is related within fourth degree of consanguinity or affinity or any blood recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty
• Bail


  The security given for the release of the person in custody of the law, furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance.
• Best Interest of the Child

  The totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.
• Child


  A person under the age of eighteen (18) years.
• Child at Risk


  • Being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child
  • Being exploited including sexually or economically
  • Being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found
  • Coming from a dysfunctional or broken family or without a parent or guardian
  • Being out of school
  • Being a streetchild
  • Being a member of a gang
  • Living in a community with a high level of criminality or drug abuse
  • Living in situations of armed conflict
• Child in Conflict with the Law

  A child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.
• Community-based Programs


  Programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.
• Court


  A family court or, in places where there are no family courts, any regional trial court.
• Deprivation of Liberty


  Any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.
• Diversion


  An alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.
• Diversion Program


  The program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.
• Initial Contact With-the Child

  The apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.
• Intervention


  A series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.
• Juvenile Justice and Welfare System


  A system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.
• Law Enforcement Officer


  The person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod.
• Offense


  Any act or omission whether punishable under special laws or the Revised Penal Code, as amended.
• Recognizance


  An undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required.
• Restorative Justice


  A principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.
• Status Offenses


  Offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.
• Youth Detention Home


  A 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
• Youth Rehabilitation Center


  A 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.
• Victimless Crimes


  Offenses where there is no private offended party.
• Minimum Age of Criminal Responsibility

  A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability
• Intervention program for child 15 years old or under


  Child shall be subjected to an intervention program pursuant to Section 20 of this Act
• Child above fifteen (15) years but below eighteen (18) years of age


  Shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act