Exploitation of minors, A278 Revised Penal Code

1. Concept

Exploitation of minors – refers to the crime of exploiting minors as contemplated under Article 278 of the Revised Penal Code.

Republic Act No. 7610 (RA 7610), also known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” is a subsequent legislation which was passed in 1992. RA 7610 is would later on be amended.

2. Modes of commission

The following are the modes of committing the offense:

1) Causing any boy or girl under sixteen (16) years of age to perform any dangerous feat of balancing, physical strength, or contortion;

2) By employing in exhibitions of these kinds children under sixteen (16) years of age who are not his children or descendants – with the offender being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling;

3) By employing any descendant of his under twelve years (12) years of age in such dangerous exhibitions – with the offender engaged in any of the callings enumerated in the next preceding paragraph;

4) Delivering a child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar – with the offender being any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen (16) years of age; or

5) By inducing any child under sixteen (16) years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

a. Mode 1: Dangerous feat

Elements of the crime of exploitation of minors – 1^st mode:

1) The offender causes any boy or girl under sixteen (16) years of age to perform any dangerous feat of balancing, physical strength, or contortion; (REVISED PENAL CODE, Article 274[1])

1) Element 1: Dangerous feats

For the 1^st element, the offender causes any boy or girl under sixteen (16) years of age to perform any dangerous feat of balancing, physical strength, or contortion.

The dangerous feats involving balancing may include those requiring walking over a rope at a high place or dangerous forms of acrobatic balancing such as carrying a heavy weight.

Similarly, dangerous feats of physical strength may include those that can cause serious injury or even death such as attempting lift heavy objects on top of one’s head or over the shoulders.

Also, dangerous feats of contortion may include those that could result in serious injury or even death by overly or extraordinarily exerting oneself to contort such as fitting into a very tiny box.

b. Mode 2: Employment of under 16 y.o. as acrobat, gymnast, etc.

Elements of the crime of exploitation of minors – 2^nd mode:

1) The offender is an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling;

2) The offender employs in exhibitions of these kinds of children under sixteen (16) years of age who are not his children or descendants. (REVISED PENAL CODE, Article 274[2])

1) Element 1: Acrobat/etc. calling

For the 1^st element, the offender is an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling.

The offender is a specific type of individual – i.e. one the above-mentioned or a similar calling. That the provision includes a phrase on “similar calling” means that it can include other jobs that are analogous and equally high-risk, such as a fire eaters, knife throwing assistant, or any daredevil tricks.

2) Element 2: Employment of under 16 y.o.

For the 2^nd element, the offender employs in exhibitions of these kinds of children under sixteen (16) years of age who are not his children or descendants.

There are two qualifications to note in relation to the children:

1) They have to be under 16 years old (i.e. 15 years old, 14 years old, 13 years old, 12 years old); and

2) They are not the children or descendants of the offender.

Thus, no offense is committed if an individual employs those under 16 years of age if they are their children or descendants – subject to the 3^rd mode (see below) that they cannot hire those under 12 years old even if they are their children or descendants.

c. Mode 3: Employment of under 12 y.o. as acrobat, gymnast, etc.

Elements of the crime of exploitation of minors – 3^rd mode:

1) The offender engaged in any of the callings enumerated in the next preceding paragraph [i.e. acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling]; and

2) The offender employs any descendant of his under twelve years (12) years of age in such dangerous exhibitions. (REVISED PENAL CODE, Article 274[3])

1) Element 1: Engaged in acrobat/etc.

For the 1^st element, the offender is engaged in any of the callings enumerated in the next preceding paragraph [i.e. acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling].

The offender has to be engaged in any of the above-mentioned callings mentioned. Note that the word “engaged” is broad to include both the performers, managers, and those who own the business.

2) Element 2: Descendant under 12 y.o.

For the 2^nd element, offender employs any descendant of his under twelve years (12) years of age in such dangerous exhibitions.

Even if they are the ascendants, offenders are prohibited from engaging their descendants under 12 years old (i.e. 11 years old, 10 years old, etc.) in these kinds of activities due to them being high-risk jobs which could result in serious injuries or even death.

d. Mode 4: Gratuitous delivery of a child

Elements of the crime of exploitation of minors – 4^th mode:

1) The offender is any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen (16) years of age; and

2) The offender delivers a child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof [i.e. acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling], or to any habitual vagrant or beggar. (REVISED PENAL CODE, Article 274[4])

If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period. (REVISED PENAL CODE, Paragraph 2, Article 274[4])

In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority. (REVISED PENAL CODE, Paragraph 3, Article 274[4])

1) Element 1: Person entrusted with care

For the 1^st element, the offender is any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen (16) years of age.

The offender should be entrusted in any capacity with the care of the said child. It is thus not limited to those with parental authority nor those who are the legal or court-appointed guardians. So long as an individual is entrusted in any capacity with the care of a child, then it is sufficient to meet this element.

2) Element 2: Gratuitous delivery

For the 2^nd element, the offender delivers a child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof [i.e. acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling], or to any habitual vagrant or beggar.

The offender delivers the said child gratuitously or for free (i.e. without compensation). The delivery is either to:

1) Any person following any of these callings: acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling; or

2) Any habitual vagrant or beggar.

In either of the above situation, the law presumes that the child’s welfare will be prejudiced or be at risk considering that the jobs mentioned are dangerous ones which would be fatal or that the following of a habitual vagrant or bagger could lead the child to a life of poverty and starvation.

d. Mode 5: Inducement to abandon home

Elements of the crime of exploitation of minors – 5^th mode:

1) The offender induces any child under sixteen (16) years of age to abandon the home of its ascendants, guardians, curators or teachers; and

2) It is to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar. (As amended by R.A. 10951)

(REVISED PENAL CODE, Article 274[5])

1) Element 1: Inducement

For the 1^st element, the offender induces a child under 16 years of age to abandon the home of its ascendants, guardians, curators, or teachers.

The child referred to herein should be under 16 years old – i.e., 15 years old, 14 years old, 13 years old, and so on.

The inducement is for the said child to abandon home. The home may be of the child’s ascendants, guardians, curators, or teachers.

2) Element 2: To engage calling of an acrobat/etc. or accompany a habitual vagrant/beggar

For the 2^nd element, the abandonment is for purposes of following the offender to engage in acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or similar calling, or to accompany any habitual vagrant or beggar.

These activities are harmful and detrimental towards the growth and development of a child. Thus, the

By inducing any child under sixteen (16) years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

References

• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended

—

/Updated: November 24, 2023

Exploitation of minors, A278 Revised Penal Code

1. Concept

a. Legal basis

Art. 278. Exploitation of minors. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon:

1. Any person who shall cause any boy or girl under sixteen (16) years of age to perform any dangerous feat of balancing, physical strength, or contortion.

2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds [of] children under sixteen (16) years of age who are not his children or descendants.

3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendant of his under twelve years (12) years of age in such dangerous exhibitions.

4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen (16) Years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.

If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period.

In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority.

b. R.A. 7610