Prohibited Acts and Penalties.
Section 9
SEC. 9. Prohibited Acts and Penalties. - (a) It shall be unlawful for any person to commit the following acts of grave child rights violations: (1) Killing of children; (2) Torture committed against children. For purposes of this Act, torture shall include those enumerated in Section 4 of Republic Act No. 9745, otherwise known as the "Anti-Torture Act of 2009"; (3) Intentional mailing of children; and (4) Rape of children and other forms of sexual violence. Any person found guilty of committing any of the acts,enumerated in subparagraph (1), (2), (3) and (4) of paragraph (a) of this section shall suffer the penalty of imprisonment and a fine of not less than Two million pesos (P2,OQO,000.00) but not more than Five million pesos (P5,000;000.00). (b) The following acts of grave child rights violations are also hereby prohibited: (1) Cruel, inhuman and degrading treatment or punishment committed against children. For purposes of this Act, cruel, inhuman and degrading treatment or punishment shall include those acts enumerated in Section 5 of the "Anti-Torture Act of 2009"; (2) Abduction of children; (3) Causal maiming of children; (4) Taking children as hostages or using them as human shield; (5) Recruitment, conscription or enlistment of children into government forces and other armed groups; (6) Acts of gender-based violence against children; (7) Refusal or denial of humanitarian access or assistance to children; (8) Use or involvement of children involved in armed conflict in any capacity as defined in Section 5(i) of this Act; and (9) Attack on schools, hospitals, places of worship, evacuation centers and settlements and other public places such as recreation parks, playgrounds and malls. Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3), (4), (5), (6), (7), (8) and (9) of paragraph (b) of this section shall suffer the penalty of imprisonment of not less than fourteen (14) years but not more than twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00). (c) Where the crimes committed under paragraph (b) of this section resulted in the killing, torture, maiming or rape of children as enumerated in subparagraphs (1), (2), (3) and (4) of paragraph (a), Section 9, the penalty imposed shall be that of Section 9(a) of this Act. (d) Likewise, it shall be unlawful for any person to commit the following acts: (1) Hamleting; (2) Food blockade; (3) Intentional delayed reporting of a child in custody; (4) False reporting of a child in custody; (5) False branding of children or labeling children as children involved in armed conflict; and (6) Arrest, arbitrary detention or unlawful prosecution of children allegedly associated with armed groups or government forces. Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3), (4), (5) and (6) of paragraph (d) of this section shall suffer the penalty of imprisonment of not less than six (6) years but not more them twelve (12) years and a fine of not less than Five hundred thousand pesos (P500.000.00) but not more than One million pesos (Pl,000,000.00). (e) Parental accountability of children in situations of armed conflict are subject to the existing provisions of Presidential Decree No. 603, otherwise known as "The Child and Tfoath Welfare Code"; Republic Act No. 7610; Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003"; Republic Act No. 9231 on the elimination of worst forms of child labor; Republic Act No. 9851, otherwise known as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity"; and Republic Act No. 10364, otherwise known as the "Expanded Anti-Trafficking in Persons Act of 2012": Provided, That the involvement of the child was due to parental action or inaction; or the parent directed or ratified the involvement of the child; or the child acted as the parent's agent or servant; or the child was entrusted a dangerous weapon or instrument.