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Having a minor in tow?


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Tonight, I have had the (dis)pleasure of perusing a bunch of websites/forums. One thing that struck me in all that reading was as a situation that I could easily have been caught in that falls under the law (supposed) in Phils for associating with minors.

 

When I was in the RP over the new year, my gf and I would OFTEN take her niece(s) and/or nepthew(s) out with us to go shopping or to just fart around. Occassionally, my gf's 13 year old brother would accompany me to the market to pick up some things. After what I have been reading, this seems to be a BIG NO-NO.

 

Can anyone shed some light on this? Am I now being paranoid? Or, is there a real danger that I could have been arrested?

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I only recall members chatting about it. May I introduce you to the search button?   KonGC

If I remember rightly we talked about it at length here on LinC   KonGC

It might be rare for a foreigner to be so accused, but why take the risk? I certainly wouldnt.   Even if found not guilty, it could take a decade or more for the courts to rule.

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Stranded Shipscook

Republic Act No. 7610 applies, namely this part:

 

 

ARTICLE VI

Other Acts of Abuse

Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development.

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for 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.

(B. Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

© Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.

Edited by Stranded Shipscook
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Davaoeno

.I often go for walks with my 2 year old who I am not related to , and I never worry about it

 

I think most people here have a brain and act accordingly.

 

 

" local custom and tradition or acts in the performance of a social, moral or legal duty " I havent researched any case law but that description covers most social situations as far as I am concerned

 

The act is headed: Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. I have never heard of anyone running around just trying to find foreigners guilty of this act- not w/o some kind of reason anyway -such as accusations of possible neglect/abuse/cruelty/exploitation

 

However, I certainly would not go island hopping with a 12 year old [ which got some guy into trouble recently ]

 

"

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Skywalker

There does seem to be a general paranoia about trafficking which appears to encompass all sorts of stuff.

 

I regularly go to the beach with a crowd of kids aged between 6 and 19, I am the only foreigner there, and have not even had any sideways glances. The other kids are generally quite envious of their friends with their pet whiteman.

 

As Davaoeno has observed correctly, most people have a brain and act accordingly.

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Alan S

It might be rare for a foreigner to be so accused, but why take the risk?

I certainly wouldnt.

 

Even if found not guilty, it could take a decade or more for the courts to rule.

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However, I certainly would not go island hopping with a 12 year old [ which got some guy into trouble recently ]

 

That would be plainly stupid.

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.I often go for walks with my 2 year old who I am not related to , and I never worry about it

 

How can you not be related to your own child Davao?? lol

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ed villas
Even if found not guilty, it could take a decade or more for the courts to rule.

 

yes you may have to wait that long , BUT you may have to wait in JAIL while your case is being decided.

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Alan S

I dont see an issue with a friends relative helping u.

 

You may not see a problem, but perhaps someone else might suspect your motives and complain.

The police then arrest you and you are held in jail while "due legal process" takes its time.

 

If you have considered the risk and arent worried about it, then fine.

 

Many would take the view that, "better safe than sorry".

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Davaoeno

How can you not be related to your own child Davao?? lol

 

 

uh, that would be because I am adopting him . And since both his parents are of Chinese origin and I am obviously pure honky no one is ever going to believe that I am his father

Edited by Davaoeno
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(B. Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

 

If this were actually true now, or at least acted upon now, how many guys who have bar fined women in the Philippines would have been jailed?

 

 

(B. Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

 

The underlined section (directly above) would apply, in Jason's case.

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I am obviously pure honky no one is ever going to believe that I am his father

 

Luke-I-Am-Your-Father.jpg

 

 

And one for Guenther:

a31138bd-f1d8-4d04-913b-bb930d57437d.jpg

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SkyMan
Stranded Shipscook, on 25 August 2012 - 02:21 PM, said: (B. Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.
If this were actually true now, or at least acted upon now, how many guys who have bar fined women in the Philippines would have been jailed?
Paul, I think you're reading the '10 years' part but missing the 'minor' part. As in, if she's 18 it's legal. It might still fall into the Human Trafficking law, but not this one.
The underlined section (directly above) would apply, in Jason's case.
As long as his gf is with them but from the OP I get the impression he's going to the market with the brother and she's not along. Edited by SkyMan
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If this were actually true now, or at least acted upon now, how many guys who have bar fined women in the Philippines would have been jailed?

 

They are talking about two types of minors there:

  • those who are under 12 years of age
  • those who are under 18 AND at least 10 years junior to the guilty party

 

 

*** Dang, beat to the punch. Damn you, Skyman! Damn you straight to hell! :P

Edited by Mailman
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