Republic Act 7610 | Legal Diaries | #KalingangKatribu

Summary

In this episode of Legal Diaries, Attorney Alfred Campagnano joins the host to delve into Republic Act 7610, a Philippine law designed to protect children from all forms of abuse, neglect, cruelty, exploitation, and discrimination. The discussion highlights how the law defines child abuse, including psychological, emotional, and physical maltreatment, as well as specific issues like child prostitution and trafficking. Campagnano emphasizes the law's role in ensuring children can lead safe and healthy lives, free from abuse, and discusses challenges in the implementation and cultural attitudes towards child discipline. The episode aims to raise awareness and encourage reporting of abuse, underscoring the government's protective stance towards children.

Highlights

• Attorney Alfred Campagnano discusses the comprehensive nature of Republic Act 7610 in protecting children. 🏛️
• The episode sheds light on issues of child prostitution and trafficking as severe forms of abuse. 🚨
• Cultural norms can often clash with legal definitions of discipline and abuse. 🤨
• The importance of government intervention and proper reporting channels is emphasized. 📣
• Awareness and education are key in shifting societal attitudes towards child protection. 📚

Key Takeaways

• Republic Act 7610 is vital in protecting Filipino children from abuse and exploitation. 🛡️
• The law is broad, covering all forms of abuse, including emotional and psychological maltreatment. 🔍
• Cultural perceptions of discipline can blur the lines of what constitutes abuse, requiring careful consideration. 🤔
• Implementation challenges exist, but agencies like DSWD work towards safeguarding children's rights. 🏛️
• There's a need for societal shift in understanding and reporting child abuse to protect the vulnerable. 🌟

Overview

In this informative episode of Legal Diaries, viewers are introduced to Republic Act 7610, focusing on the safeguarding of children's rights in the Philippines. Attorney Alfred Campagnano provides insights into the various forms of abuse the law addresses, such as physical, psychological, and emotional maltreatment, emphasizing the importance of protecting young individuals from harm.

The discussion highlights sensitive issues such as child prostitution and trafficking, underscoring these as critical areas of concern within the legal framework. The episode reveals the complexities surrounding cultural attitudes toward child discipline, questioning where the line is drawn between parental rights and child protection. Attorney Campagnano sheds light on how traditional mindsets might influence perceptions of child rearing and discipline, potentially clashing with legal definitions of abuse.

Wrapping up, the episode calls for greater awareness and action in reporting child abuse cases, empowering viewers to take advantage of governmental and institutional support systems designed to protect children. Encouraging a cultural shift towards understanding and preventing abuse, the host and guest advocate for an informed and proactive approach to ensuring safe environments for all children.

Chapters

• 00:00 - 01:00: Introduction and Welcome The chapter titled 'Introduction and Welcome' serves as the introduction for an episode of Kaliganka Tribu Legal Diaries. It starts with music and a festive Christmas greeting. The host, Venice Bautista, welcomes listeners to the episode.
• 01:00 - 10:00: Discussion on Republic Act 7610 Overview The chapter provides an overview of Republic Act 7610, featuring insights from a legal expert. Attorney Alfred Campagnano, an associate lawyer from Aranas Cruz Arnetta Parker and Faustino Law Offices, contributes to the discussion. The transcript captures the introduction and acknowledges the festive season.
• 10:00 - 20:00: Particular Protections and Definitions Under the Law This chapter focuses on the legal framework established to protect children from abuse, neglect, cruelty, and exploitation. It highlights the state policy aligning with these protections, emphasizing the comprehensive nature of the law in safeguarding children from all forms of maltreatment.
• 20:00 - 30:00: Specific Offenses and Penalties The chapter titled 'Specific Offenses and Penalties' discusses the declaration of state policies, particularly focusing on anti-discrimination measures. The law referenced is 7610, which emphasizes the principle of 'parents pate nagong'—a concept that the viewers should pay attention to. The chapter serves to outline specific offenses and corresponding penalties related to discrimination.
• 30:00 - 40:00: Parental Roles and Disciplinary Measures This chapter examines the concept of parental roles in the context of disciplinary measures, exploring how government legislation can sometimes act as a surrogate parent, particularly in terms of laws against child abuse. It highlights the principle of 'parent's patriarchy,' wherein the government may intervene in family matters to protect children as defined by law.
• 40:00 - 50:00: Employment and Education Conditions for Minors The chapter 'Employment and Education Conditions for Minors' discusses the role of the government in acting as a parental figure for children. It outlines how legislation is enacted to protect minors from abuse and exploitation, highlighting the government's intervention to ensure their safety and well-being.
• 50:00 - 60:00: Guidance and Advice for Victims and Social Norms The chapter discusses the impact of legislation aimed at creating a safe environment for children's development, ensuring that their growth is not hindered by negative social norms or environments.
• 60:00 - 70:00: Cultural Differences and Traditional Parenting The chapter discusses a law designed to protect children from maltreatment, ensuring that their normal development is not hindered. It highlights the prohibition of both habitual and non-habitual psychological and physical abuse.
• 70:00 - 75:00: Conclusion and Closing Remarks This chapter emphasizes the protection of minors, who are among the most vulnerable members of society. It highlights issues such as disability, sexual abuse, emotional maltreatment, and the deprivation of a child's basic needs. The focus is on recognizing and addressing these injustices to uphold the intrinsic worth and rights of children.

Republic Act 7610 | Legal Diaries | #KalingangKatribu Transcription

• 00:00 - 00:30 [Music] merry christmas and welcome to another episode of kaliganka tribu legal diaries and i am venice bautista and today we are joined
• 00:30 - 01:00 by aranas cruz arnetta parker and faustino law offices associate lawyer attorney alfred campagnano good afternoon and merry christmas attorney good afternoon and [Music]
• 01:00 - 01:30 no is also known as this is the law against child abuse in all its forms [Music] this is consistent actually with the policy of the state to protect children from all forms of abuse neglect cruelty and exploitation
• 01:30 - 02:00 and discrimination as you will see there in the declaration of state policies as stated in 7610 and i think the viewers should uh take particular note of is this law was inactive under the principle of parents pate nagong
• 02:00 - 02:30 and other guardians however there is this principle of parent's patriarchy wherein the government in certain instances served as the parent of the of its citizens in this case uh in the case of uh the law or the legislation against child abuse then that would be the children as defined under the law
• 02:30 - 03:00 so they are basically your other people is the government is also in this case is playing a parental role because basically it's enacting legislation to protect children from abuse and exploiting
• 03:00 - 03:30 legislation it already is taking effect no but the law use case tries to create an environment for children wherein their development will not be hampered
• 03:30 - 04:00 features of this law is the recurring condition that the child's normal development should not be stifled or the normal development of the child should be insured so one of these things then is the concept of maltreatment whether habitual or not is proscribed or prohibited by the law such as psychological and physical abuse regret
• 04:00 - 04:30 cruelty of course you're never given a disability sexual abuse and emotional maltreatment deeds or act that the basis or degrades the you know the intrinsic worth of the child or the unreasonable deprivation of the basic needs of this children no because we recognize for a fact that minors are one of the most vulnerable uh constituents of the country
• 04:30 - 05:00 okay so i'm just curious what about the people like in poverty accepted as well the law really does not uh qualify you know as to whether or not you are from a low income family or from a middle to high income family because the point here is the
• 05:00 - 05:30 the the idea of the state is that children shouldn't really be you know children should be free to be children that's the concept there so as much as possible but there should they should be prohibited from working yeah and just simply be enjoying their childhood so in your manga situations that that the law is aiming to achieve by by creating these kinds of i know uh these kinds of legislation
• 05:30 - 06:00 because we understand now for example your children that are working for your basic needs in the first place it should be the parents who should be providing for these children and not for themselves and the minor is not fending for themselves right so we realize that there are underground you know uh realities but the law is aiming to remove that from from reality
• 06:00 - 06:30 and to ensure the children as i said live their lives as children okay so young age republic act it's a very interesting question because the common idea is for example eating a minor for a child we're talking about people who are below 18 years old however the law defines children as
• 06:30 - 07:00 of course on two prongs first it's young children that are the children are considered as children if they are below eight years of age that's a given thing is apparently if a person is already over 18 years old but is unable to protect themselves from exploitation abuse neglect or is not able to provide for themselves because
• 07:00 - 07:30 of a physical or a mental condition under the law they are considered as they are considered as children and is protected by 76 deaths oh okay so my age pobagnot comes with a disability [Music] of yourself or to protect yourself from
• 07:30 - 08:00 abuse neglect cruelty and exploitation because of a physical or a mental disability or condition then you are considered as a child under the law all right so that's good to hear my protection for those people that who cannot protect or fend for themselves oh when it comes to
• 08:00 - 08:30 you know grounds to violate the law then the idea here is if you basically subject a child to mild treatment then cover that however if you're going to go over the law there are there the aside from having this encompassing idea of child abuse or child cruelty we must in the sightsee than a specific instance says that uh are being targeted no when it comes to
• 08:30 - 09:00 the science of child abuse in reality are the forms of abuse that children normally face for example the law will actually be considered as prohibited of course child prostitution this is the affair or this is a penalized act wherein for money for profit or for any consideration whether uh sorry for any consideration whether
• 09:00 - 09:30 by an adult or by a syndicate or a group basically uh engages a child for sexual intercourse or a serious conduct so that's that's the idea there now prostitute child prostitution is one of those kinds of abuse one another penalized act under this uh concept of child prostitution is even an attempt to commit child prostitution
• 09:30 - 10:00 is already and is already an offense to itself so one one way the law defines attempt to commit child prostitution is if you are not the relative of a child no and you are and then you are found to bring a child in a hotel in a motel in a massage clinic in a massage clinic or an editorial destination and then
• 10:00 - 10:30 you service a child for any leisurely activity such as you know sauna farther health clubs engaging the services of child in this context then that is treated as attempt to commit child prostitution of course the condition there is hindi yeah no okay sorry
• 10:30 - 11:00 please continue another penalized act would be young child trafficking now this is a broader kind of abuse as opposed to child prostitution because brother in a sense that child trafficking is one of the sources while child prostitution happens so child trafficking is basically the trading and dealing with children including the apps or buying or selling of a child for money or for any
• 11:00 - 11:30 consideration so for example that's barter but that that technically is also a form of child trafficking and that is prohibited by law and similar to child prosecution an attempt to child trafficking is likewise a punishable offence so under the law an attempt to commit child trafficking is seen in in this in this ways but of course not necessarily an ex exclusive no to this
• 11:30 - 12:00 race so a child for example is traveling alone to a foreign country without the necessary uh documentation no for from the dswd or from the written permits of a child so making it especially on those instances that um that for example normally is
• 12:00 - 12:30 or even separated legally no but the person who does who does not have costly for example usually the father hindi then that can also be a considered that can also be a ground to charge that person with an attempt to child traffic because the absence of the parental consent in order for that shot to be brought abroad
• 12:30 - 13:00 is already known this can be classified as child trafficking also child trafficking so a good analogy here is
• 13:00 - 13:30 that's the idea here not on recruiting women or couples to bear children for the purpose of child trafficking another thing that making it then is your simulation of birth because i think i think i wrote up an article about this in the preview the simulation of birth instances were in the doctor or pirates [Music]
• 13:30 - 14:00 but that is that alone of course is not child trafficking but if mapat there is an intention to traffic the child then that is considered as an attempt to traffic the child and lastly i suppose on child trafficking is you're basically recruiting a child from
• 14:00 - 14:30 low income families no in order to again for the purposes of child trafficking they are one of the most vulnerable sectors of society because even especially on those that are coming from low income brackets because they need the need and want of these children to help their families
• 14:30 - 15:00 can actually be a driving motivation for them to say yes even if child trafficking itself is an illegal act and then another is obscene publications and indecent shows i'm i'm interested in those obscene publications and in decent shows because this is self-explanatory but i recall correctly i think in 20 2018 or 2019 there was this i think that it was the fbi or the cia
• 15:00 - 15:30 i'm not sure no or anywhere it's a western country that they actually developed a program there was this there the design of that is bosses it's as if you're talking to a child pero is already tracking humana predators online why am i saying this because again in obscene publications and in
• 15:30 - 16:00 decent shows this is more often than not one of the primary sources of child abuse and exploitation human exhibition they're asking these minors to you know to do indecent things in itself is again the injuries to the child and of course other acts of abuse is the encompassing idea of maltreatment and abuse
• 16:00 - 16:30 okay so what about you my parents who beat their child uh in the grounds now discipline [Music] or not is habitual may be considered as child abuse however as you said as you said it yourself if the or if the
• 16:30 - 17:00 if the act is in itself a disciplinary action and as far as disciplinary disciplinary rather than abusive then there is a sort of defense on the part of the of the on the part of the parents
• 17:00 - 17:30 for example and then up in aloha with a hammer so the idea here is to excessive force so it's really a case to case pieces because one if the if the intention is to really simply dissipate the child then as far as the element of criminal intent is concerned no then it's arguably a defense on the
• 17:30 - 18:00 part of the parents pero that intention can of course intention is a state of mind so no lawyer can actually directly prove intention so we can rely only on the parent for example to to say that this is his or her intention when he or she physically inflicted for the child but again since intention uh is a state
• 18:00 - 18:30 of mind we look also at the circumstances what was the kind of force used on this child and whether it meets the standard of you know being simply disciplinary or if it's already dangerous to the child because even if the child even if the mom or the dad says it's disciplinary if there is excessive use of force or if the action is already so dangerous to
• 18:30 - 19:00 the health so dangerous to the life of the child then that intention that betrays the intention of being disciplinary in nature for example you wanted to discipline him again so you look at the case scenario but as a rule i think no if the purpose is disciplinary in character then
• 19:00 - 19:30 it's really not it does not fall under child abuse but it's always a case of these basis because any person can simply claim that it's disciplinary nature so in a monkey because what because force or violence that was inflicted on the child and that in itself well
• 19:30 - 20:00 basically is child abuse as contemplated under the law thank you for crying clarifying attorney now another question lana i just want to clarify you mentioned earlier about the psychological abuse can you give us an example by along you know malama naming them [Music]
• 20:00 - 20:30 psychological abuse could can come either through young because that to me is dramatic yeah to the child because remember the law qualifies that all individuals should create an environment for where a child's development is promoted
• 20:30 - 21:00 no it also comes with idea that the home should be a home so if that home where the child or if that place where the child is being kept no then it's also possible that psychological abuse can come
• 21:00 - 21:30 the mother and the father are not directly imputing violence against the child but the fact is you are letting you are allowing that family not to be under such circumstance can also qualify as psychological abuse okay oh hi attorney uh we'd love to know more knowledge but for now we'll just take a short break
• 21:30 - 22:00 the daily tribune special coverage [Music] [Music]
• 22:00 - 22:30 foreign
• 22:30 - 23:00 ah the daily tribune special coverage
• 23:00 - 23:30 [Music] foreign [Music]
• 23:30 - 24:00 welcome back to legal diaries we are still joined by attorney alfred campagnano as we talk about the republic act 7610 or basically known as their protection of children against abuse okay so attorney let's talk about namanu manga nagpapati [Music]
• 24:00 - 24:30 then i think it's really a matter of implementation and i think then paso and the swd which is basically the the primary agency that's handling the implementation of the law but of course as you can see and as we have also discussed there is also young women's desk if there are complaints for uh for and on
• 24:30 - 25:00 against a person no because of an issue on abuse then but then there's also the law on anti-violence against women and children so as i've discussed in the previous episode and valsi also is basically anti-violence against child then they are complementary so it does not mean it does not mean that a person is being
• 25:00 - 25:30 charged for a violence against child under 1962 it doesn't already prohibit another charge for 7 to 16. okay so when now in the moment comes to the parous different parusa for the degrees like sexual evil trafficking physical ganon
• 25:30 - 26:00 [Music] [Applause] are actually prescribed penalties no so for example uh if it's child prostitution then the penalty is recruiting temporal in its medium period to recreation period but next then the penalty is 12 years and one day
• 26:00 - 26:30 up to 20 years in its medium period then sigouro were looking at around 16 to 18 16 to 15 to 18 years imprisonment because it's the around that's not [Music] that's basically 30 years in jail
• 26:30 - 27:00 but then you go to degrees lower so you're looking at uh prison mayor excellent mayor then in its medium period suppression regulation temple or ralph in its medium period so prison
• 27:00 - 27:30 is actually six years and one day up to 12 years so when you're looking at medium or max medium or maximum then pressure mayor would be around 69.
• 27:30 - 28:00 obscene i know obscene or indecent shows in its medium and medium period now it's really a matter of just going over the law on what are the penalties but what i would like to give emphasis at this point is if the offender is uh the parent of the child then automatically maximum period
• 28:00 - 28:30 [Music] then most likely if the parent is the violator or the offender then most likely recognition period they're supposed
• 28:30 - 29:00 it's really not just frowned upon but of course prohibited by law okay
• 29:00 - 29:30 immediate concern immediate concerns of custody under the dswd will get costly of the child so in this
• 29:30 - 30:00 is a minor below 15 years of age it's
• 30:00 - 30:30 not allowed to work as a general rule and in fact exceptions but in any case what i'm saying here is the point wherein there is abuse is if
• 30:30 - 31:00 it does not meet any of the qualifications you know as as enumerated by the law so for example when a child uh saw anub in census where a child below 15 years of age they worked so that one for example is when a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed provided
• 31:00 - 31:30 employment does not endanger his life she's morals and is not an obstacle to his for her primary and secondary education so in this for example let's go hypothetical [Music]
• 31:30 - 32:00 provided because that is also hazardous to the
• 32:00 - 32:30 life of the child now if the first two boxes are checked meaning it's a family business and i am personally supervising my child in the work the second condition is that this employment will not hinder the education of the minor so koala origin is because
• 32:30 - 33:00 then obviously this then obviously that can that employment is already a hindrance to the child's development and as such is violative is a violation rather of a 7 to 16. another exception is where a child's employment or participation in in public or in entertainment is essential
• 33:00 - 33:30 they're basically minors and they're earning more than i am so in that scenario that that in itself is not a form of child abuse because because it complies i suppose it complies with the requirements of the law in which case the employment contract must be concluded between the parents and for
• 33:30 - 34:00 example cgme but hindi langsila apparently the child must also consent and expressly agree to that service engagement and at the same time it must be approved by the department of labor and employment so when you where in a minor below 15 years of age may actually work okay there we go
• 34:00 - 34:30 so uh i cannot really give a definitive advice because i am blessed enough to [Music] to not experience this when i was a child
• 34:30 - 35:00 hazard and advice then for children i think i think we're past that point in our society so so maybe no maybe it's also time you should try to speak up and say if
• 35:00 - 35:30 it's already sporting bordering on abuse but if it's really it but inserted in census it's best to you know directly go to the golf to the to the appropriate agency so that they can actually assess for your help so i think that's basically the best advice i can give no is go to the proper authorities if you think there's already abuse
• 35:30 - 36:00 you can say more often than not if you try to open it up with any other adults you're being too sensitive but that's because but that's the point the swd and their experts exist to actually assess that beyond cultural norms and beyond you know familiar traditional familial traditions so they're there to assist you so if you
• 36:00 - 36:30 think there's an abuse i think i encourage the i encourage minors to actually seek help yeah and thank you for that advice attorney so we'll take another short break and zappaglobalecnaten and atten tribuno botomoto halalan 2022 the daily tribune special coverage [Music]
• 36:30 - 37:00 foreign we got you covered so programming tribune news on cue map daily tribune facebook page attribute
• 37:00 - 37:30 now on youtube [Music] the daily tribune special coverage [Music] foreign
• 37:30 - 38:00 [Music] welcome back to legal diaries so now that the attorney alfred has further informed us about protection against child abuse okay so trip you know eight in ten filipino children suffer
• 38:00 - 38:30 from a form of violence most children experience violence where they should feel safest in their own homes according to a new study of the council for the welfare of children and the united nations children's fund so what do you think attorney differences cultural differences between
• 38:30 - 39:00 what is considered as violence then and what is considered as violence now not seeing that that the i'm not seeing because to me it's uh to the practices of child living or parenting right now uh right now as opposed to i don't know way back i don't know 20 years ago so i think what accounts for that 8 over 10 is because a lot
• 39:00 - 39:30 of parents know are still under that traditional mindset and i am not discrediting that kind of experience because that to me uh sorry not to me but rather because and who am i to say that he is but the point here is to me and to the parents who argue that
• 39:30 - 40:00 way is and that that kind these kinds of violence right now are carefully studied by experts and say that it does not really help the child our child's development and that does not really help the children in the long run so apart of that kind of sopara i think parents nowadays should hopefully embrace
• 40:00 - 40:30 the idea now there are certain familial traditions that are left are better left you know as a thing of the past otherwise that 8 over 10 that 8 over 10 will remain to be 8 over 8 over 10. this 8 over 10 i would venture that this 8 over 10 children
• 40:30 - 41:00 thinks that whatever experience whatever violence is inflicted upon them so i think that's the reason why there's over them but the point here is we cannot let the point here is it's still a form of violence and it's
• 41:00 - 41:30 proven to have to affect the child uh child's growth and development and i think it is up to parents new and fresh parents to abandon these kinds of mindset because it's always best to move forward when it comes to you know child parenting and what happened so thank you for that attorney so yeah my parents you heard it from attorney
• 41:30 - 42:00 alfred no [Laughter] [Music] but i think that cycle of violence is is perpetuated because of that these kinds of beliefs yes and who knows
• 42:00 - 42:30 as opposed to set up an environment right now so there are so i think there's there has to be you know parents should tread lightly in accepting you know traditional disciplining actions as opposed to and recognize that some of these actions may not result in the same way as it resolved to them
• 42:30 - 43:00 but of course no but nevertheless whether you were a parent or not that was good advice attorney so thank you so much for educating us informing us and clarifying things with us today
• 43:00 - 43:30 and we hope to see you again soon so mahatma watch kalinganka tribu legal diaries live every friday at 3 30 p.m on daily tribune's official facebook page and tribute now on youtube for the replay of the episodes so once again merry christmas i am venice bautista see you next friday and maganda happened
• 43:30 - 44:00 [Music]
• 44:00 - 44:30 you