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(NAR) VOL. 5 NO. 1/JANUARY - MARCH 1994
[ DOJ, January 24, 1994 ]
RULES AND REGULATIONS ON THE TRAFFICKING OF CHILDREN
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 1. Definition of Terms. — As used in these Rules, unless the context otherwise requires —
a. Child shall refer to a Filipino citizen who is below eighteen (18) years of age;
b. Trafficking shall refer to the act of trading or dealing with children, including but not limited to, the buying and selling children for money, or for any other consideration, or barter;
c. Parent shall refer to the natural parents, legal guardian of a child or one exercising parental authority over the child;
d. Department shall refer to the Department of Social Welfare and Development; and
e. Code shall refer to Presidential Decree No. 603, "The Child and Youth Welfare Code".
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 hospital clinic or child-caring or 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 mentioned 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:
a. failure to provide for 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 is due to financial reasons; or
b. 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.
SECTION 6. Prohibited Act. — It shall be unlawful for a hospital, clinic, duly accredited child placement agency or person to deliver an abandoned child under its custody to a public institution or private individual without the written consent of the parent or person who entrusted such child to its or his care, or in the absence of the latter, of the Department.
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 who is under 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 correccional 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 correccional 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 9. Department Travel Clearance. — An application for travel clearance authorizing the unaccompanied foreign travel of a child shall be filed with the Department. The application shall be in the form prescribed by the Department and shall be signed under oath by both natural or adoptive parents of the child, or the guardian or legal custodian of the child.
SECTION 10. Parental Travel Permit. — The written permission given by the natural or adoptive parents, guardian or legal custodian for the unaccompanied foreign travel of their child shall be in the form prescribed by the Department. It shall be under oath and signed by both natural parents, the adoptive parents/s or the legal guardian or other person having legal custody of the child.
If the child will travel in the company of one of the natural parents or adoptive parents, the permit shall be signed by the parent who will stay behind in the Philippines.
SECTION 11. Contents of Application for Department Travel Clearance and Parental Travel Permit. — An application for a department travel clearance and a parental travel permit shall, among others, indicate the exact address of the child at the point of destination, the date of departure, the purpose and duration of the child's travel and the arrangements for the welfare of the child in the country of destination.
SECTION 12. Supporting Documents of Application for Department Travel Clearance and Parental Travel Permit. — An application for the issuance of a Department travel clearance and a parental travel permit shall be accompanied by certified true copies of the following documents:
a. the passport or other travel document of the child, including the visa or other appropriate documentation;
b. the child's birth certificate and marriage certificate of the natural parents or if the same are not available, other proof of the child's age and filiation, or the adoption decree, guardianship or custody papers of the adoptive parent, guardian or person having legal custody of the child; and
c. proof that the child will not become a public charge in the country of destination.
SECTION 13. Department Action on a Parental Travel Permit. — A copy of the parental travel permit shall be filed with the Department at least seven (7) working days before the scheduled departure of the child.
If the Department, after investigation, finds that the foreign travel is inimical to the interest, it shall request the Bureau of Immigration to place the child in its hold-departure list and shall notify the parent of the child of said action.
SECTION 14. Holding of Departure of 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 defined and penalized under Section 8 of Republic Act No. 7610:
a. The parent or other person who is responsible for the travel arrangements of the unaccompanied child;
b. The pregnant mother who executes an affidavit consenting to the adoption of her unborn child for a consideration;
c. The head of an agency, establishment, child-caring institution or person who recruits women to bear children or couples to procreate;
d. 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;
e. 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 or juridical, 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 juridical person, the penalty shall be imposed upon the manager, administrator, representative, director, agent, or employee who committed the violation or who caused, directed, cooperated or participated in said violation.
SECTION 18. Effectivity. — These Rules shall take effect upon approval by the Secretary of Justice and fifteen (15) days after its publication in two (2) newspapers of general circulation.
Adopted: 24 Jan. 1994.
CONFORME:
SECTION 1. Definition of Terms. — As used in these Rules, unless the context otherwise requires —
a. Child shall refer to a Filipino citizen who is below eighteen (18) years of age;
b. Trafficking shall refer to the act of trading or dealing with children, including but not limited to, the buying and selling children for money, or for any other consideration, or barter;
c. Parent shall refer to the natural parents, legal guardian of a child or one exercising parental authority over the child;
d. Department shall refer to the Department of Social Welfare and Development; and
e. Code shall refer to Presidential Decree No. 603, "The Child and Youth Welfare Code".
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 hospital clinic or child-caring or 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 mentioned 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:
a. failure to provide for 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 is due to financial reasons; or
b. 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.
SECTION 6. Prohibited Act. — It shall be unlawful for a hospital, clinic, duly accredited child placement agency or person to deliver an abandoned child under its custody to a public institution or private individual without the written consent of the parent or person who entrusted such child to its or his care, or in the absence of the latter, of the Department.
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 who is under 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 correccional 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 correccional 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 9. Department Travel Clearance. — An application for travel clearance authorizing the unaccompanied foreign travel of a child shall be filed with the Department. The application shall be in the form prescribed by the Department and shall be signed under oath by both natural or adoptive parents of the child, or the guardian or legal custodian of the child.
SECTION 10. Parental Travel Permit. — The written permission given by the natural or adoptive parents, guardian or legal custodian for the unaccompanied foreign travel of their child shall be in the form prescribed by the Department. It shall be under oath and signed by both natural parents, the adoptive parents/s or the legal guardian or other person having legal custody of the child.
If the child will travel in the company of one of the natural parents or adoptive parents, the permit shall be signed by the parent who will stay behind in the Philippines.
SECTION 11. Contents of Application for Department Travel Clearance and Parental Travel Permit. — An application for a department travel clearance and a parental travel permit shall, among others, indicate the exact address of the child at the point of destination, the date of departure, the purpose and duration of the child's travel and the arrangements for the welfare of the child in the country of destination.
SECTION 12. Supporting Documents of Application for Department Travel Clearance and Parental Travel Permit. — An application for the issuance of a Department travel clearance and a parental travel permit shall be accompanied by certified true copies of the following documents:
a. the passport or other travel document of the child, including the visa or other appropriate documentation;
b. the child's birth certificate and marriage certificate of the natural parents or if the same are not available, other proof of the child's age and filiation, or the adoption decree, guardianship or custody papers of the adoptive parent, guardian or person having legal custody of the child; and
c. proof that the child will not become a public charge in the country of destination.
SECTION 13. Department Action on a Parental Travel Permit. — A copy of the parental travel permit shall be filed with the Department at least seven (7) working days before the scheduled departure of the child.
If the Department, after investigation, finds that the foreign travel is inimical to the interest, it shall request the Bureau of Immigration to place the child in its hold-departure list and shall notify the parent of the child of said action.
SECTION 14. Holding of Departure of 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 defined and penalized under Section 8 of Republic Act No. 7610:
a. The parent or other person who is responsible for the travel arrangements of the unaccompanied child;
b. The pregnant mother who executes an affidavit consenting to the adoption of her unborn child for a consideration;
c. The head of an agency, establishment, child-caring institution or person who recruits women to bear children or couples to procreate;
d. 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;
e. 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 or juridical, 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 juridical person, the penalty shall be imposed upon the manager, administrator, representative, director, agent, or employee who committed the violation or who caused, directed, cooperated or participated in said violation.
SECTION 18. Effectivity. — These Rules shall take effect upon approval by the Secretary of Justice and fifteen (15) days after its publication in two (2) newspapers of general circulation.
Adopted: 24 Jan. 1994.
(Sgd.) FRANKLIN M. DRILON
Secretary of Justice
Secretary of Justice
CONFORME:
(Sgd.) CORAZON ALMA G. DE LEON
Secretary of Social Welfare and Development
Secretary of Social Welfare and Development