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Underage/minors

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HTM

Boys and girls under 18 are children according to Philippine law

 

You can't date a girl or boy under 18, not even be alone with them even if your intentions are pure and good

.

 

Republic Act No. 7610 Section 10(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 prison mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000)

Therefore, if you are alone with children without their parents or family members over 18 then you can be in serious trouble and you may also have done a criminal act according to Philippine law.

 

There are of course some exceptions to this, but not many.

 

And nearly every foreigner that gets arrested here on cases like this claims that his is on a mission of mercy, but most of the time the foreigner goes to jail, sometimes also the parents. When the parents say they gave permission, the police usually go after the parents as well especially when there's money involved.

Like when the foreigner "helping" the family with money for food, holiday, education and then the family allows the foreigner spend time with the child/underage.

 

But it has not always been the case here in the Philippines, before the Family Code of the Philippines took effect on August 3, 1988 any male aged 16 or upwards, and any female of the age of 14 or upwards may contract marriage. If the male was less than 20 years old and the female was less than 18 years old, they needed to get consent to their marriage of their father, mother or guardian, or persons having legal charge of them.

When the Family Code of the Philippines took effect, the marrying age of both the parties to a marriage was fixed at eighteen.

We have except for Muslims, they have a different set of rules governing marriage, divorce, custody of children, among others.

Under Article 16 of the Muslim Code, the minimum marrying age is 15 for both males and females. However, upon petition of a male guardian, the Shari’a District Court may order the solemnization of the marriage of a female who has attained puberty though she is younger than 15, but not below 12.

Early and arranged marriages are common practice in Muslim culture in the Philippines.

 

Some laws

RA 8353 The Anti-Rape Law of 1997

R.A.9262 VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT of 2004

RA 9231 Special Protection of Children Against Child Abuse, Exploitation and

RA 7877, An Act Declaring Sexual Harassment Unlawful in the Employment

RA 7610 Special Protection Against Child Abuse, Exploitation and Discrimination Act

RA 9208 Anti-Trafficking in Persons Act of 2003
 

We also have the Presidential Decree No. 603 Child and Youth Welfare Code

Edited by HTM
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HTM

Under age sex is a very very serious offense in the Philippines, and men using underage boys or girls for sex are treated very firmly. In fact, just to be caught in the company of an underage child ,whether in a compromising situation or not, can lead to imprisonment.

 

PREDA- The Philippine Age of Consent- 12 years old

 

BUT the the real age of sexual consent in the Philippines is 18 for us foreigners.

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HTM

Diplomat helping street children?

 

 

Italian diplomat on abuse charge in Philippines

According to the police statement, the diplomat told investigators during questioning that the boys "were street children that I had brought from Manila" and that they had informed their parents about the trip.

The statement said that the boys told police that the diplomat brought them to his house where he "personally bathed and scrubbed their naked bodies and afterwards gave them money and food."
 

Read [email protected] Mail

 

 

Only helping a girl to a hospital for medical treatment?

Swede nabbed at port for escorting girl, 9

A 67-YEAR-OLD Swedish man  was arrested yesterday  in a Cebu City terminal as he was about to board a ship for Masbate province with a 9-year-old Filipina.

Port police stopped the foreigner on suspicion that he had violated a special law on the abuse of minors.

The girl, a native of Masbate, was turned over to the National Bureau of Investigation (NBI).

ADVERTISEMENT
 

Jonny Lagstrem told Maritime police he had brought the girl to a hospital in Cebu City for medical treatment

 

Maritime police acted on a tip from an informant in Masbate province, the girl’s neighbor. The girl lives with her  grandparents.

 

Read [email protected]



 
Only like a grandfather?
 

 

German nabbed for travelling with minor not related to him

A German tourist said he didn’t know that there was a law against accompanying  minors when you’re not related to them.

Herbert Major was arrested by police last Tuesday in San Remigio town, north Cebu. He was traveling with a 14-year-old girl  and was about  to board a ferry bound for Bantayan Island.

They were stopped at the Hagnaya port by members of a help desk for anti-human trafficking.

 

The German arrived at the wharf with the girl on a black motorcycle driven all the way from Lapu-Lapu City.

Major, who is a forester from Stuttgart, Germany, spent the night in jail and was moved yesterday to the Cebu Provincial Police Office in Cebu City yesterday. After getting in touch with the German consulate, he secured the services of a lawyer.

Major said he had no bad motives toward the girl and was “like a grandfather” to her. He said he has been assisting her impoverished family since last year by sending the teenager to school  and four other siblings, and giving financial aid to the parents.


 
Edited by HTM
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HTM

Read the Kuntz saga (© USMC-Retired)

It doesn’t matter if the parents of the child don't want you to be punished.  
The State has an obligation to protect the children from you and their parents or anyone else that is not taking adequate care and protection of them.

The parents insisted that Kunts, took her for a vacation in Sta. Fe with their consent.

 

 

But the girl escapes from DSWD's custody

 

 

After being "rescued" from American national, girl escapes from DSWD's custody

CEBU, Philippines - The 12-year-old girl who was earlier rescued from an American national has escaped from the custody of the Department of Social Welfare and Development where she was temporarily sheltered.

Atty. Irene Caballes of the Children’s Legal Bureau told reporters yesterday that efforts to search for the girl has already been implemented after she had not returned since the opening of classes.

Despite the latest development, Caballes said the parents of the girl were never surprised nor concerned when they heard of the news.

“Wala na mouli ang bata gikan sa klase. On going pa ang pagpangita niya karon,” Caballes said.

The 12-year-old girl was rescued from the company of Preston Jay Kuntz, 41, an American national who denied having intimate relations with her while on vacation in a resort in Sta. Fe town in Bantayan Island last month.

Read [email protected]

 

 

And Kuntz fled the country...

Edited by HTM

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HTM

If you want to help families and children here in the Philippines it's very great, but you have to do it correct and follow the country's laws and regulations!

 

Your wife's family is an option that may be the safest.

 

Your gf or bf family is an option that also may be ok, but you need to take precautions since they then is not yours family. (as if they were a total stranger family without any associated you) Under no circumstances don't stay alone with these children.

 

Remember:

There are many organizations and projects that you can safely support.

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USMC-Retired

One of the most informative things I have read in a while. It is way to easy to be caught up in a situtation where it could be mistaken. Especially more today with vigilantly justice going on.

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SkyMan

Each of these incidents (and others) have been discussed at length on LinC and the interpretation of the laws is obvious to the entire membership save one.

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Salty Dog

Is anyone aware of any LinC members who have run afoul of these laws..

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HTM

Each of these incidents (and others) have been discussed at length on LinC and the interpretation of the laws is obvious to the entire membership save one.

I hope so!

But still I see that members and former active members here have obviously misunderstood laws and the interpretation. and the consequences of ignoring the dangers. We must also remember that this forum is not only for established members and we also want new and more inexperienced members welcome.

Is anyone aware of any LinC members who have run afoul of these laws..

Yes we had one that post from the prison...

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Woolf

 

 

I hope so! But still I see that members and former active members here have obviously misunderstood laws and the interpretation. and the consequences of ignoring the dangers. We must also remember that this forum is not only for established members and we also want new and more inexperienced members welcome.

 

This post should be re-posted at least once a year

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smokey

Under age sex is a very very serious offense in the Philippines, and men using underage boys or girls for sex are treated very firmly. In fact, just to be caught in the company of an underage child ,whether in a compromising situation or not, can lead to imprisonment.

 

PREDA- The Philippine Age of Consent- 12 years old

 

BUT the the real age of sexual consent in the Philippines is 18 for us foreigners.

this is a 1,000% statement I know for a fact ....

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HTM

Just also to mention it, Filipinos are often arrested for R.A. 7610 violations, much more often than foreigners of course.

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SkyMan
We must also remember that this forum is not only for established members and we also want new and more inexperienced members welcome.

Certainly never hurts for an occasional reminder.  It also might be a good idea to remind that no amount or type of IDs proving the minor is 18 is any kind of excuse if they are, in fact, not 18.

Edited by SkyMan
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MikeV

Thanks for the posts, they led to some interesting old threads.

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RFulmer

if in doubt take video confession of their age and them confirming there age while filming the ID and them holding it.. Then again if you need to do that maybe you should be looking for females a bit older. If 2 guys on a motorcycle pay you a visit then you won't have time to explain anyway.

Edited by RFulmer
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