Article 278. Exploitation Of Minors
On Criminal Law
Article 278. Exploitation of minors. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding one hundred thousand pesos (P100,000) shall be imposed upon;
1. Any person who shall cause any boy or girl under sixteen (16) years of age to perform any dangerous feat of balancing, physical strength, or contortion.
2. Any person who. being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen (16) years of age who are not his children or descendants.
3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendant of his under twelve (12) years of age in such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen (16) years of age who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.
If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period.
In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority.
5. Any person who shall induce any child under sixteen (16) years of age to abandon the home of its ascendants, guardians, curators, or teacher? to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.
Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender is 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 is 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 is 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 is 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 the minor is 16 years old and above. But the exploitation will be dealt with by the 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 suffered 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.