HUMAN RIGHTS

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RA 7610
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES
Approved: June 17, 1992.
ARTICLE l
Section 1 title - Special Protection of Children Against Abuse, Exploitation and Discrimination
Act
Children - refers to person below eighteen (18) years of age or those over 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
Child abuse - refers to the maltreatment, whether habitual or not
Kinds of Child Abuse :
[Link] and physical abuse
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[Link] abuse
[Link] maltreatment
Comprehensive program against child abuse, exploitation and discrimination - refers to the
coordinated program of services and facilities to protected children against
Article lll
Child Prostitution and Other Sexual Abuse
Section 5. 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, are deemed to
be children exploited in prostitution and other sexual abuse.
Section 6. Attempt To Commit Child Prostitution - when any person who, not being a
relative of a child, is found alone with the said child inside the room or cubicle of a house, an
inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or
any other hidden or secluded area under circumstances which would lead a reasonable
person to believe that the child is about to be exploited in prostitution and other sexual abuse.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. 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 or in video
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age,
the penalty shall be imposed in its maximum period
Article Vl
Other Acts of abuse
other conditions prejudicial to the child's development including those covered by Article 59
of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its minimum period.

Article Vlll
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age may be
employed
The Department of Labor Employment - shall promulgate rules and regulations necessary
for the effective implementation of this Section
Section 13. Non-formal Education for Working Children. –
The Department of Education, Culture and Sports - shall promulgate a course design under
its non-formal education program aimed at promoting the intellectual, moral and vocational
efficiency of working children who have not undergone or finished elementary or secondary
education
Section 14. Prohibition on the Employment of Children in Certain Advertisements.
– No person shall employ child models in all commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer.
– Every employer shall comply with the duties provided for in Articles 108 and 109 of
Presidential Decree No. 603.
Article X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace.
– Children are hereby declared as Zones of Peace.
Children - shall not be the object of attack and shall be entitled to special respect. They shall
be protected from any form of threat, assault, torture or other cruel, inhumane or degrading
treatment
Section 23. Evacuation of Children During Armed Conflict.
– Children shall be given priority during evacuation as a result of armed conflict.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict
. – The chairman of the barangay affected by the armed conflict shall submit the names of
children residing in said barangay to the municipal social welfare and development officer
within twenty-four (24) hours from the occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 28. Protective Custody of the Child.
- The offended party shall be immediately placed under the protective custody of the
Department of Social Welfare and Development pursuant to Executive Order No. 56, series
of 1986.
Section 29. Confidentiality.
- At the instance of the offended party, his name may be withheld from the public until the
court acquires jurisdiction over the case.
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be
heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile
and Domestic Court.
 RA 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING
AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
Approved: April 27, 1992
Article l
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of
Public Officers.
Any person arrested detained or under custodial investigation shall at all times be assisted
by counsel.
The custodial investigation report shall be reduced to writing by the investigating officer
extrajudicial confession - made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or
in the latter's absence
As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the "inviting" officer for any violation of
law.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of
his right to remain silent and to have competent and independent counsel preferably of his
own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be imposed upon the investigating
officer who has been previously convicted of a similar offense.

RA 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT
OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Approved: April 28, 2006

Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and
Welfare Act of 2006
SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all
times
The State recognizes the vital role of children and youth in nation building and shall promote
and protect their physical, moral, spiritual, intellectual and social well-being
Bail - refers to 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.
Child in Conflict with the Law - refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
Court - refers to a family court or, in places where there are no family courts, any regional
trial court.
Deprivation of Liberty - refers to 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,
Diversion - refers to 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 - refers to 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 - refers to the apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or private citizens
Intervention - refers to a series of activities which are designed to address issues that
caused the child to commit an offense.
Juvenile Justice and Welfare System - refers to a system dealing with children at risk and
children in conflict with the law
Law Enforcement Officer - refers to the person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code, including a barangay tanod.
Offense - refers to any act or omission whether punishable under special laws or the
Revised Penal Code, as amended.
Recognizance - refers to 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 - refers to a principle which requires a process of resolving conflicts with
the maximum involvement of the victim, the offender and the community
Status Offenses - refers to 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 - refers to 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 - refers to 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.
Victimless Crimes - refers to offenses where there is no private offended party.
Section 8 . Juvenile Justice and Welfare Council (JJWC) - is hereby created and attached
to the Department of Justice and placed under its administrative supervision
SEC. 12. The Family.
- The family shall be responsible for the primary nurturing and rearing of children which is
critical in delinquency prevention.
SEC. 13. The Educational System
. - Educational institutions shall work together with families, community organizations and
agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration
of child in conflict with the law.
SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the
promotion of child rights, and delinquency prevention by relaying consistent messages
through a balanced approach
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. -
Local Councils for the Protection of Children (LCPC) shall be established in all levels of local
government, and where they have already been established, they shall be strengthened
within one (1) year from the effectivity of this Act.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate
with the LCPC in the formulation and implementation of juvenile intervention and diversion
programs in the community
SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings
involving children in conflict with the law from initial contact until final disposition of the case
shall be considered privileged and confidential.
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and
reintegration of children in conflict with the law is to provide them with interventions,
approaches and strategies that will enable them to improve their social functioning with the
end goal of reintegration to their families and as productive members of their communities.
SEC. 47. Female Children. - Female children in conflict with the law placed in an institution
shall be given special attention as to their personal needs and problems.
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities
shall handle children in conflict with the law without having undergone gender sensitivity
training.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age
shall be exempt from prosecution for the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and
sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent
with the United Nations Convention on the Rights of the Child: Provided, That said persons
shall undergo appropriate counseling and treatment program.

RA 4200
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS
OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
 Approved: June 19, 1965

RA 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND
FOR OTHER PURPOSES
Approved: March 08, 2004

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and
Their Children Act of 2004".
Violence against women and their children - refers to any act or a series of acts committed
by any person against a woman
Physical Violence - refers to acts that include bodily or physical harm
Sexual violence - refers to an act which is sexual in nature, committed against a woman or
her child.
Psychological violence - refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim
Economic abuse - refers to acts that make or attempt to make a woman financially
dependent
Battery - refers to an act of inflicting physical harm upon the woman or her child resulting to
the physical and psychological or emotional distress.
Battered Woman Syndrome - refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
Stalking - refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.
Dating relationship - refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship
Sexual relations - refers to a single sexual act which may or may not result in the bearing of a
common child.
Safe place or shelter - refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
the resident of which is willing temporarily to receive the victim.
The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law.
Section 8 protection orders
protection order - is an order issued under this act for the purpose of preventing further
acts of violence against a woman or her child specified in Section 5 of this Act and granting
other necessary relief.
Section 10. Where to apply for protection order
An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the
place of residence of the petitioner
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act
shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable
with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos
(P50,000.00) and/or imprisonment of six (6) months.
SECTION 15. Temporary Protection Orders. –
Temporary Protection Orders (TPOs) - refers to the protection order issued by the court on
the date of filing of the application after ex parte determination that such order should be
issued.
SECTION 16. Permanent Protection Orders. –
Permanent Protection Order (PPO) - refers to protection order issued by the court after
notice and hearing
SECTION 25. Public Crime. –
Violence against women and their children shall be considered a public offense which may
be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime
SECTION 26. Battered Woman Syndrome as a Defense. –
Victim-survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding the absence of any of
the elements for justifying circumstances of self-defense under the Revised Penal Code.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old older but with
mental or physical disabilities shall automatically be given to the mother, with right to support,
unless the court finds compelling reasons to order otherwise.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women
and their children including those in the barangay shall be confidential and all public officers
and employees and public or private clinics to hospitals shall respect the right to privacy of
the victim.
Approved: March 08, 2004

RA 10173
AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND
COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR,
CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER
PURPOSES
Approved: AUG 15 2012
Section 1. Short Title. – This Act shall be known as the "Data Privacy Act of 2012
Section 2. Declaration of Policy. – It is the policy of the State to protect the fundamental
human right of privacy, of communication while ensuring free flow of information to promote
innovation and growth.
Commission shall refer to the National Privacy Commission created by virtue of this Act.
Data subject - refers to an individual whose personal information is processed.
Direct marketing - refers to communication by whatever means of any advertising or
marketing material which is directed to particular individuals
Filing system - refers to any act of information relating to natural or juridical persons to the
extent that, although the information is not processed by equipment operating automatically
in response to instructions given for that purpose
Information and Communications System - refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic documents
and includes the computer system or other similar device by or which data is recorded,
transmitted or stored
Personal information - refers to any information whether recorded in a material form or not,
from which the identity of an individual is apparent or can be reasonably and directly
ascertained by the entity holding the information
Personal information controller - refers to a person or organization who controls the
collection, holding, processing or use of personal information, including a person or
organization who instructs another person or organization to collect, hold, process, use,
transfer or disclose personal information on his or her behalf
Personal information processor - refers to any natural or juridical person qualified to act as
such under this Act to whom a personal information controller may outsource the processing
of personal data pertaining to a data subject.
Processing - refers to any operation or any set of operations performed upon personal
information
Privileged information - refers to any and all forms of data which under the Rides of Court
and other pertinent laws constitute privileged communication
Sensitive personal information - refers to personal information:
Section 5. Protection Afforded to Journalists and Their Sources. – Nothing in this Act shall
be construed as to have amended or repealed the provisions of Republic Act No. 53, which
affords the publishers, editors or duly accredited reporters of any newspaper, magazine or
periodical of general circulation protection from being compelled to reveal the source of any
news report or information appearing in said publication which was related in any confidence
to such publisher, editor, or reporter.
Section 6. Extraterritorial Application. – This Act applies to an act done or practice engaged
in and outside of the Philippines by an entity
Section 7. Functions of the National Privacy Commission. – To administer and implement the
provisions of this Act, and to monitor and ensure compliance of the country with international
standards set for data protection
Section 8. Confidentiality. – The Commission shall ensure at all times the confidentiality of
any personal information that comes to its knowledge and possession.
Section 25. Unauthorized Processing of Personal Information and Sensitive Personal
Information. – (a) The unauthorized processing of personal information shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who process personal information
without the consent of the data subject, or without being authorized under this Act or any
existing law.
(b) The unauthorized processing of personal sensitive information shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who process personal information without
the consent of the data subject, or without being authorized under this Act or any existing
law.