01:11.2
Now, this is the subjective part because what constitutes reasonable ground to believe will depend on the circumstances of each particular case.
01:19.8
For example, foreigner na arabo ang nasa loob ng room ng Sogo Motel kasama ang isang 14-year-old na Pinay na bata.
01:28.5
Here, it is quite clear.
01:30.0
that the child is about to be exploited in prostitution or subjected to sexual abuse.
01:35.8
Question, kailangan bang maaktuhan na nagtatalik o naglalampungan ang dalawa para masabi mong criminally liable ang foreigner?
01:45.3
Hindi po, because if that would be the case, the foreigner will be liable na under Section 5A for child prostitution or under Section 5B for other sexual abuse.
01:56.8
Kaya nga po may Section 6 dahil Section 6,
02:00.0
punishes the mere attempt to commit child prostitution and other sexual abuse.
02:06.6
Another example, pagpasok ng motel staff sa room kung saan naka-check-in ang isang closet gay at ang kasama niyang batang lalaki na hindi niya kamag-anap,
02:16.3
nakita ng staff ng motel na naka-akbay si closet gay sa bata na parang sweet na sweet sila sa isa't isa.
02:23.6
Here, there is reasonable ground to believe that the child is about to be exploited in prostitution
02:29.0
or subjected to sexual abuse.
02:32.2
For purposes of Section 6 po, don't be confused with the use of the word attempt.
02:38.1
The mere fact na nasa loob na ng kwarto ng motel si arabo at si closet gay kasama ang bata na hindi nila kamag-anap
02:46.1
is enough to constitute the crime of attempt to commit child prostitution.
02:52.7
This is the reason why kailangang pagbawala na silang pumasok sa room dahil hihintayin mo pa ba?
02:59.0
Ito bang may mangyari sa bata bago ka umaksyon?
03:02.9
Kahit nga sa labi pa lang, mararamdaman mo nang may hindi magandang gagawin ang foreigner
03:07.7
dahil alangan namang sasadyain talaga nilang pumunta sa motel para lang mag-rosaryo o mag-Bible service.
03:15.8
So sino ba ang magdidetermine kung may reasonable ground to believe that the child is about to be exploited in prostitution
03:22.2
or subjected to other sexual abuse?
03:24.9
Of course, ang hotel staff po ang magdidetermine dahil,
03:29.0
sila po ang may access sa room or cubicle sa isang motel o hotel.
03:34.0
Or pwede rin ang mga polis in cases of surveillance and entrapment operations against pedophiles
03:39.8
or against persons they suspect of committing sex crimes.
03:46.0
What if sa labi lang ng motel o hotel dinala ang minor?
03:49.8
Meaning wala pa sa cubicle o room, bawal pa rin ba?
03:55.9
No longer under Section 6 but this time under...
03:59.0
Under Section 10b for the crime of other acts of abuse.
04:04.5
Basahin po natin ang nilalaman ng Section 10b of RA 7610 as amended by RA 11648.
04:13.2
Any person who shall keep or have in his company a minor 16 years of age or under
04:18.8
or who is 10 years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
04:27.6
sauna or massage parlor.
04:29.0
beach and or other tourist or similar places shall suffer the penalty of presyon mayor in its maximum period
04:36.1
and a fine of not less than 50,000 pesos provided that this provision shall not apply to any person
04:42.9
who is related within the fourth degree of consanguinity or affinity or any blood recognized by law,
04:50.1
local custom and tradition or acts in the performance of a social, moral or legal duty.
04:57.1
Based on the provision that...
05:00.3
Bawal po sa isang tao na magdala ng minor sa motel kapag ang minor ay una 16 years old and below
05:08.3
o mas bata ng 10 years o higit pa kumpara sa taong nagdala sa kanya sa motel.
05:16.2
So for as long as 16 years old at pababa ang edad ng minor, bawal po magdala ng minor sa motel.
05:23.7
Otherwise, the person who brought the said minor to a motel,
05:27.8
even if they have not...
05:29.0
not yet gone inside the room,
05:30.9
will be criminally liable for other acts of abuse under Section 10b.
05:37.4
Bawal din po magdala ng minor sa motel kapag ang age gap between the adult and the minor ay 10 taon o mahigit sa 10 taon.
05:56.1
Sa mga examples na ibinigay ko,
05:57.8
mapapansin nyo na at least 10 years or more ang age difference.
06:05.7
What if ang age difference is 26 and 17,
06:12.9
Pwede na bang magdala o magsama ng minor kahit sa lobby lang ng motel?
06:18.1
It would appear na pwede nang magdala dahil 9 years or below lang ang pagitan nila.
06:23.7
What I'm trying to say is that
06:25.5
pag 9 years or below,
06:27.2
ang age difference,
06:29.2
wala pong criminal liability ang adult who is in the company of a minor in the lobby of a motel.
06:36.0
But like what I've pointed out earlier,
06:38.9
dapat na silang pagbawalan kahit nasa lobby pa lang
06:42.2
because why would the adult bring a child to a motel
06:45.3
if not for the purpose of bringing him inside the room of a motel?
06:50.6
You will surely ask,
06:52.7
Eh Fiscal, bakit ganun?
06:54.2
Bakit hindi nalang outright ipagbawal ang pagbawalan?
06:57.2
Pagdadala ng minor?
06:59.4
Bakit pag 9 years or below ang age difference,
07:02.7
it would appear na pwedeng isama sa lobby ng motel ang isang minor?
07:07.5
All I can think of is that
07:09.2
since the age of sexual consent is 16
07:11.7
and considering that the age difference of 9 years or below is not anymore that big of a gap
07:17.5
thereby lessening the possibility of coercion or undue influence,
07:22.0
the law allows an adult to keep or have in his company a minor
07:26.7
who is younger by 1, 2, 3, 4, 5, 6, 7, 8, or 9 years than the said adult.
07:34.0
So ano ba ang exemptions to the general rule
07:37.0
prohibiting a person to keep or have in his company a minor
07:40.8
in a hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor,
07:46.7
beach and or other tourist resort or similar places?
07:52.2
what are the instances in which the law allows a person to have in his company
07:56.4
a minor who is younger by 1, 2, 3, 4, 5, 6, 7, 8, or 9 years than the said adult?
07:56.7
The exceptions are
07:59.6
1. The age difference between them is less than 10 years.
08:04.9
2. The adult is the child's relative within the 4th degree of consanguinity or affinity.
08:12.7
3. There is legal, moral, or social duty giving the adult authority to have the minor in his or her company in such places
08:21.2
or at the very least requires his being with the said child in such places.
08:26.7
4. The adult is the child's relative within the 4th degree of consanguinity or affinity.
08:56.6
5. The adult is the child's relative within the 4th degree of consanguinity or affinity.
09:27.1
Now, as to the question kung dapat bang ipagbawal ang pagdala ng minor sa motel,
09:32.5
again, the answer is yes.
09:35.2
Basahin po natin ang Section 11, Article 7 of RA 7610.
09:41.4
Section 11 on sanctions.
09:44.5
All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse,
09:50.9
child trafficking, obscene publications and indecent shows,
09:54.4
and other acts of abuse,
09:55.7
shall be immediately closed and their authority or license to operate cancelled
10:01.1
without prejudice to the owner or manager thereof being prosecuted under this Act
10:05.9
and or the revised Penal Code as amended or special laws.
10:10.8
A sign with the words of limits shall be conspicuously displayed
10:14.4
outside the establishments or enterprises by the Department of Social Welfare and Development
10:19.8
for such period which shall not be less than one year as the Department may determine.
10:25.7
The unauthorized removal of such signs shall be punishable by Prision Correctional.
10:32.2
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
10:38.5
child trafficking, obscene publications and indecent shows, and other acts of abuse
10:43.4
if the acts constituting the same occur in the premises of said establishment
10:49.2
under this Act or in violation of the revised Penal Code as amended.
10:55.7
Isasarado ang motel o paparusahan ang manager o may-ari ng motel
11:01.0
if the acts constituting child prostitution and other sexual abuse,
11:05.4
child trafficking, obscene publications and indecent shows, and other acts of abuse
11:09.9
occur in the premises of the motel.
11:14.0
So para hindi sila maparusahan, dapat sila mismo ang magbawal na may ganitong mangyari.
11:19.5
They should have trained personnel to check on people who visit their establishment.
11:27.2
Piskal, makailang beses na akong nagdala ng minor sa motel na hindi ko ka mag-anap,
11:33.5
eh hindi naman ako pinagbawalan.
11:35.7
Ibig sabihin ba pwedeng magdala ng minor sa motel na hindi mo ka mag-anap?
11:41.4
Batas na po ang nagsasabi na bawal magdala ng minor sa motel,
11:45.9
with some exceptions of course.
11:48.8
Hindi porket hindi ka sinita, eh hindi na ipinagbabawal.
11:52.5
Kaya nga mapaparusahan ang manager o may-ari ng motel.
11:55.7
O masasara ang motel, pag may nagaganap na child prostitution,
12:00.7
kasama na dun ang attempt to commit child prostitution,
12:03.7
sexual abuse, child trafficking, obscene publications and indecent shows,
12:08.7
and other acts of abuse in their premises.
12:12.7
So hanggang dito na lamang po tayo and see you in my next video.
12:16.7
Maraming salamat po.
12:25.7
Thank you for watching!
