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Exploitation Of Minors


ART.278

Acts punished:

1. By causing any boy or girl under 16 to perform any dangerous feat
   of balancing, physical strength or contortion, the offender being
   any person.

2. By employing children under 16 who are not the children or
   descendants of the offender in exhibitions of acrobat, gymnast,
   rope-walker, diver, or wild-animal tamer or circus manager or
   engaged in a similar calling.

3. By employing any descendant under 12 in dangerous exhibitions
   enumerated in the next preceding paragraph, the offender being
   engaged in any of said callings.

4. By delivering a child under 16 gratuitously to any person following
   any of the callings enumerated in paragraph 2 or to any habitual
   vagrant or beggar, the offender being an ascendant, guardian,
   teacher or person entrusted in any capacity with the care of such
   child.

5. By inducing any child under 16 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 or to
   accompany any habitual vagrant or beggar, the offender being
   any person.

Qualifying Circumstance: (Penalty is Higher)If the delivery of the
child to any person following any of the callings of acrobat,
rope-walker, diver or wild-animal trainer or circus manager or to any
habitual vagrant of beggar is made in consideration of any price,
compensation or promise.

The offender is engaged in a kind of business that would place the
life or limb of the minor in danger, even though working for him is not
against the will of the minor.

Nature of the Business: this involves circuses which generally
attract children so they themselves may enjoy working there unaware
of the danger to their own lives and limbs.

Age: Must be below 16 years.

Article 278 has no application if minor is 16 years old and above.
But the exploitation will be dealt with by Republic Act No. 7610.

If the employer is an ascendant, the crime is not committed, unless the
minor is less than 12 years old.

If the minor so employed would suffer some injuries as a result of a
violation of Article 278, Article 279 provides that there would be
additional criminal liability for the resulting felony.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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