Dear PAO,

Our family’s current living condition is in a tight neighborhood where food and water are scarce. Despite having one to two jobs, it is still hard to provide for the children and senior citizens relying on us for their daily sustenance. Most of the women in the neighborhood, to escape from this kind of life, are signing up to different dating sites dedicated to foreigners looking for Filipina wives. However, one of the women here, Lydia, has been encouraging the kids that once they grow up, it is best that they have foreign husbands as they can give them a good life, unlike the life they have presently. A teenager grew interested in the idea, and Lydia made a profile for her and accompanied her to meet up with the foreigner. I am too stunned by the idea, knowing that she is still a child. Are there any laws that prohibit this unlawful act?

Astrud

Dear Astrud,

Please be informed of Section 4(i) of Republic Act (RA) 11930, or the “Anti-Online Sexual Abuse or Exploitation of Children (Osaec) and Anti-Child Sexual Abuse or Exploitation Materials (Csaem) Act, which states that:

“Section 4. Unlawful or Prohibited Acts. – Regardless of the consent of the child, it shall be unlawful for any person to commit the following acts through online or offline means or a combination of both: x x x

“To introduce or match a child to a foreign national or to any person for the purpose of committing any of the offenses under this Act;”

Based on the above-stated law, any person who introduces or matches a child to a foreign national for any form of abuse or exploitation, whether committed with or without the use of the internet, is punishable by law. This is in consonance with the policy of the State to recognize the vital role of the youth in nation-building and promote and protect their physical, moral, spiritual, intellectual, emotional, psychological, and social well-being.

Thus, Lydia’s active participation in inducing a teenager to engage in online sexual activities and in introducing the said child to a foreigner could be considered as a form of online sexual abuse and exploitation of a child, which is punishable under RA 11930. For your reference, under Section 10 of the above-stated law, the penalties for violating its provisions are as follows:

“Section 10. Penalties. – The following penalties shall be imposed on the following offenses:

“(a) Any person who violates Section 4, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of this Act shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00). x x x

“In addition to the above penalties, the following offenders shall be ineligible for parole:

“(1) An offender who is a recidivist;

“(2) An offender who is a step-parent or collateral relative within the third (3rd) degree of consanguinity or affinity having control or moral ascendancy over the child; and

“(3) Any offender whose victim died or suffered permanent mental, psychological or physical disability.” x x x

This opinion is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when the facts are changed or elaborated on. We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]