FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular SessioIl 
SENATE 
Senate Bill No. 2 8 67 
By Senator Teofisto "TG" L. Gningona III 
EXPLANATORY NOTE 
"11 
JUN -7 1\11:n 
"I-I7hen adults go to Wat; it is the childmz who az~ affected the 
most and bear the scars throughout their life cycle. " 
Olara A. OtUl1lu/ 
Long-lasting peace must not be seen just as an idealized vision of a State. It is a duty, a 
mandate, and a responsibility that must be addressed in various ways: through policies, laws, 
executive decisions, and other means. War is an assault against the rights of a child- the right to life, 
liberty, and property. Gra~a Mache!, in a study entitled Tmpact of Armed Conflict 011 Chtldml reported 
that about 2 million children have been killed in armed conflict, a grim reality that highlights the fact 
that when groups are at war, more children are killed than soldiers. 
It is within this context that this bill is being pursued. 
International human rights and humanitarian law recognize the rights and special needs of 
chIldren. In sitnations of armed conflIct, the mherent vulnerability of a child demands that the 
protection extended be pursued in an integrated and unified approach to be taken hy the State, Its 
institutions, the family, and every other person or group who comes in direct or indirect contact 
with the child. 
Among other provisions, this bill seeks to re-affirm the rights of a chIld in situanons of 
armed conflict, dle duties of dle State, and the responsibilities of persons when dealing with children 
involved in armed conflict. It likewise provides for prohibited or unlawful acts, and the 
corresponding penalties in relation to children involved in armed conflict. This bill likewise 
recognizes dlC State's duty to extend protection of children involved in armed conflict not only from 
the time thcy are taken away from the area of war but also until such time that they are rehabilitated 
and re-integrated into communities, preferably widl fueir families or persons/institutions that can 
address their needs. 
As the State endeavors to establish long-lasting peace, the State must also address dle impact 
of armed conflict and violence. TIle enactment of this measure is fu 
STO "TG" L. GUINGONA III 
1 Under Secretary General, Special Representative of the Secre ry-General for children and armed conflict United 
Nations, 22 April 2003 (New York). 
'This study was presented in a special session to the General Assembly of the UN (A/51/306). 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
SENATE BILL NO, 2867 
By Senator Teofisto "TG" L. Guingona III 
AN ACT 
'11 
JUN -7 All :26 
PROMOTING THE PROTECTION, RIGHTS, AND WELL-BEING OF CHILDREN 
INVOLVED IN, AFFECTED BY OR DISPLACED BY ARMED CONFLICT, 
PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES" 
1 
Be it enacted by the Sellate and Home ofReprese1ttatives of the Philippines in Congress assembled, 
2 
3 
CHAPTER 1 
4 
GENERAL PROVISIONS 
5 
6 
SECTION 1. Short Title - This Act shall be lmown as the 'Rights, Protecttolt and Wellbeing of 
7 
Chtldrell in Situations of Armed COllflict Act of 2011.' 
8 
9 
SECTION 2. Declaration of State Policy. It is the policy of the State to promote and protect 
10 
every child's physical, moral, spiritual, intellectual, and social well-being. For children involved in, 
11 
affected by or displaced by armed conflict, the State shall ensure that they are given speCIal 
12 
protection and that their rights and well-being are assured without distinction of any kind, such as 
13 
race, color, sex, language, religion, political or other opinion, national or social origin, property, bIrth 
14 
or other status. 
15 
16 
The State hereby recognizes that children should be declared as zones of peace and must be 
17 
extended treatment that goes beyond territorial or geographical boundaries. To this end, the State 
18 
shall have the responsibility to resolve armed conflict or violence. To this end, the State, its 
19 
institutions, and the citizens shall preserve the peaceful integrity of children and shall exemplify 
20 
mutual respect and non-violent behavior in their presence. 
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22 
Por children involved in, affected by or displaced by armed conflict, the State binds itself to do the 
23 
following: 
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25 
a. 
Respect rules of international humanitarian law to ensure protection and care of children 
26 
invoh,ed in, affected by, or displaced by armed conflict; 
27 
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b. Fully implement the provisions and mandate of international instruments such as but not 
29 
limited to: 
30 
31 
32 
33 
34 
35 
36 
37 
• 
Geneva Convention IV (1949), and its Additional Protocols I and II; 
• 
Optional Protection to the Convention on the Rights of the Child on the Involvement 
of Children in Armed Conflict (2000); 
• 
United Nations Guidelines regarding initial reports of States Parties to the Optional 
Protocol to the Convention on the Rights of the Child on the involvement of children in 
armed conflict (2001); 
• 
Convention on the Rights of the Child; 
• 
Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment; 


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2 
3 
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5 
6 
7 
• 
ILO Convention No. 182 concerning the prohibition and immediate action for the 
elimination of the worst foems of child labor; the Geneva Conventions of 1949 and the 
Additional Protocols ratified by the Philippines; 
• 
ILO the Convention on the Prohibition of the Use, Stockpiling, Production and 
Transfer of Anti-Personnel Mines and on their Destruction. 
• 
I-Iuman rights conventions and protocols. 
8 
c. Take into account the Paris Principles on the Principles and Guidelines on Children 
9 
Associated with Armed Forces or Aemed Groups, the United Nations Guiding Principles on 
10 
Internal Displacement, the United Nations Security Council Resolutions related to children 
11 
affected by armed conHict and other pertinent international instruments in the 
12 
implementation of its treaty obligations and of this Act; 
13 
14 
15 
d. Take all feasible measures to prevent the recruitment and use of children in armed conHict 
16 
and shall take all necessary measures to ensure d1e effective implementation and 
17 
enforcement of the provisions of this Act; 
18 
19 
e. Take all the necessary measures to address the root causes of armed conHict that result in 
20 
involving, affecting or displacing children, which include poverty, lack or absence of quality 
21 
basic psycho-social services, belief in the ideologies of an armed group, secessionlSt 
22 
advocacy, affiliation of family members in armed groups, pursuit of alternative justice for 
23 
atrocities, abuses and injustices experienced, and persistence of aemed conHicts; 
24 
25 
f. 
Continue to recognize its primary role in providing effective protection and relief to all 
26 
children in situations of armed conHicts; 
27 
28 
g.. Continue to fulfill its responsibilities to end impunity and to prosecute those responsible 
29 
especially for grave child rights violations in aemed conHict; and 
30 
31 
32 
SECTION 3. Scope of Application - This Act shall apply to all children involved in, affected by 
33 
or displaced by armed conHict. 
34 
35 
The application of dlis Act shall not affect the legal status of any party to an armed conHict. 
36 
37 
SECTION 4. Interpretation of this Act - Nothing in this Act shall be construed as precluding 
38 
provisions in existing Philippine laws, international human rights laws and related instruments, and 
39 
international humanitarian law that are more conducive to the realization of the rights of children. 
40 
41 
SECTION 5. Definition of Terms- As used in d1is Act 
42 
43 
a. 
"Abduction of children" refers to the seizure, apprehension, taking in custody, detention 
44 
or capture of one or more children either temporarily or permanently by force, threat of 
45 
force or coercion, or deception for the purpose of any form of exploitation of such children 
46 
in the situation of armed conHict. 
47 
48 
b. "Armed conflict" refers to armed confrontations occurring between governmental armed 
49 
forces and one or more armed groups, or between such groups arising in the Philippine 
50 
territory. These shall include activities which may lead to armed confrontation or armed 
51 
violence dut put children's lives at risk and their rights violated. 
52 
53 
c. "Armed group" refers to an armed non-state actor or non state entities engaged 111 aemed 
54 
conHict or engaged in armed violence, against the state and its armed groups or against other 
55 
non-state armed groups/actors/ entities. 
56 
57 
d. "Attacks on schools, hospitals, places of worship, evacuation centers and public 
58 
places where children are usually found" refers to the occupatton, shelling, target111g for 
59 
propaganda of schools, hospitals or places of worship; causing damage to such places, or 
60 
harm or injury to d1eir personnel; or causing the total or partial physical destruction of such 


1 
2 
3 
4 
facilities; or disruption of educational activities and health services. It also reiers to attacks of 
such places, which have been temporarily abandoned by the community as a result of armed 
conflict, unless these places have been declared a "no man's land". 
5 
e. 
"Child protection" refers to the measures, structures and activities that ensure the 
6 
prevention and response to abuse, neglect, exploitation and v!Olence affecting children. It 
7 
shall include the promotion of their development and psychosocial well-bemg; 
8 
9 
f. 
"Child" refers to persons below eighteen (18) years of age or one over but is unable to fully 
10 
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or 
11 
discrimination because of physical or mental disabihty or condition. 
12 
13 
g. "Children In Situations of Armed Conflict (CSAC)" refers to all Children Involved In 
14 
Armed Conflict (CIAq, Children Affected By Armed Conflict (CAAC), and Internally 
15 
Displaced Children (IDC). 
16 
17 
h. "Children Involved in Armed Conflict (CIAC)" refers to children who are either forcibly, 
18 
compulsorily recruited or who voluntarily joined in any governmental armed forces or any 
19 
armed group in any capacity to participate directly in armed hostilities as combatants or as 
20 
fighters, or take support roles such as but not limited to scouting, spying, sabotaging, acting 
21 
as decoys, assisting in check-points, being couriers, messengers, porters, cooks and be111g 
22 
used for sexual purposes. 
23 
24 
i. "Children Affected by Armed Conflict (CAAC)" refers to all children populatlOn 
25 
experiencing or have experienced anned conflict. 
26 
27 
j. 
"Explosive Remnants of War (ERW)" refers to unexploded ordnance and abandoned 
28 
explosive ordnance. 
Explosive Ordnance refers to munitions that contain explosives, 
29 
nuclear fission or fusion material, biological and chemical agents. These include bombs and 
30 
warheads, guided and ballistic missiles, artillery, mortar, small arms ammunition, mines, 
31 
torpedoes, depth charges, demolition stores, pyrotechnics, cluster munitions and dispensers, 
32 
cartridges and propelled actuated devices, electric explosive devices and similar items that are 
33 
explosive in nature. Unexploded Ordnance refers to explosive ordnance, which has been 
34 
primed, fuzzed, armed or otherwise prepared for use or used. It could have been fired, 
35 
dropped, launched, projected yet remain unexploded either through malfunction or design 
36 
or for any other cause. 
37 
38 
k. "False branding of children or labeling children as children involved in armed 
39 
conflict" refers to the voluntary and intentional act of referring to, calling, defining, 
40 
reporting, or any other form of communication that incorrectly defines ch!ldren as children 
41 
involved in armed conflict, when the status or condition of such children are such that they 
42 
are in involved in armed conflict as defined in this Act. 
43 
44 
1. 
"False reporting of a child in custody" refers to the voluntary and intentional act of any 
45 
person of providing false, incorrect, and mistaken infonnation in relation to a child in 
46 
custody in relation to situations of armed conflict. 
47 
48 
m. "Food blockade" refers to armed conflict tactic of forcibly cutting off entry of food 
49 
supplies in a particular area where children can be found. 
50 
51 
n. "Governmental armed forces" refers to tl1e Armed Forces of tl1e Philippmes (AFP) 
52 
including the paramilitary forces, the Philippine National Police (PNP), and otl1er law 
53 
enforcement agencies. 
54 
55 
o. "Grave child rights violation" refers to the crimes committed against children that 
56 
constitute flagrant violations of their human rights and have severe consequences in their 
57 
lives. These crimes include those enumerated in Section 8 of this Act. 
58 


1 
p. "Hamleting" refers to an armed conflict strategy that isolates a community of importance 
2 
to the enemy which is inhabited by children including relocating said commnnity away from 
3 
crucial zones. This strategy could be used to control the activities of the people 1t1 said areas. 
4 
5 
q. 
"Hospitals or health facilities" refers to any structure recognized and known by the 
6 
community as a facility where the sick and wounded are provided with medical and or health 
7 
8 
care serV1ces. 
9 
r. 
"Humanitarian access" refers to the right of vulnerable populal1ons to receive 
10 
international protection and assistance from an impartial humanitarian relief operation to 
11 
complement efforts o[ national authorities. Such action is subject to the consent of the State 
12 
or parties concerned and does not prescribe coercive measures in the event of refusal, 
13 
however unwarnmted. 
14 
15 
s. 
"Humanitarian assistance" refers to aid that seeks to save lives and alleviate suffering of a 
16 
crisis-affected population. Humanitarian assistance must be provided in accordance with the 
17 
basic humanitarian principles of humanity, impartiality, independence and neutrality. 
18 
Assistance may be divided into three categories: direct assistance, indirect assistance and 
19 
infrastructure support, which have diminishing degrees of contact with the affected 
20 
population. 
21 
22 
t. 
"Improvised Explosive Device (lED)" refers to a device that is homemade or fabricated, 
23 
constructed and deployed in ways other than conventional military action; containing or 
24 
having contents from indigenous materials or substances that are destructive, lethal, nOXiOUS, 
25 
pyrotechnic or incendiary chemicals, and designed to destroy, kill, incapacitate, harass or 
26 
distract. IEDs are diverse in design, such as but not limited to, packages or landmine or 
27 
road-side bombs, and contain many types of initiators, detonators, penetrators, and 
28 
explosive loads. These include shrapnel-generating objects such as, but not limited to nails, 
29 
ball-bearings, small-pieces of iron or steel bars, and alike that may be used individually or in 
30 
combination. These are triggered by various methods such as by remote control or 
31 
32 
33 
34 
command-detonation. 
35 
u. "Internally Displaced Children (IDC) " refers to children or group of children, whether 
36 
separated or together with their families, who have been forced or obliged to flee or to leave 
37 
their homes or places of habitual residence, 111 particular, as a result of or in order to avoid 
38 
the effect of armed conflict and situations of generalized violence. 
39 
40 
v. "Intentional Delayed Reporting of a child in custody" is the failure of any person who 
41 
shall take custody of children involved in armed conflict to report the same to the Local 
42 
Social Welfare and Development Office (LSWDO), Philippine National Police (PNP), or 
43 
barang'ay office within forty-eight (48) hours from taking such custody. 
44 
45 
46 
w. "Killing of children" refers to acts of all kinds in the context of armed conflict that result in 
47 
the death of one or more children. Among others, they include the death of children as a 
48 
result of direct targeting and indirect actions, such as cross-fire, use of landmines, cluster 
49 
munitions, ERW, all forms and types of lED; or house demolitions, search and arrest 
50 
campaigns, SUicide attacks and torture; they also include murder, homicide and such other 
51 
similar crimes as defined in the Revised Penal Code and other special laws, as an1ended. 
52 
53 
x. "Maiming of children" refers to acts of all kinds in the context of armed conflict that 
54 
result in serious or permanent or disabling injury, scarring or defacing, or mutilation to one 
55 
or more children. It shall cover intentional manning of children where they are directly 
56 
targeted, and causal maiming of children which results from indirect actions, such as cross-
57 
fire, use of landmines, cluster mU1l1tions, ER\V, all forms and types of lED; or in the context 
58 
of house demolitions, search and arrest campaigns, sUlcide attacks and torture. 
59 


1 
y. 
"Other acts of gender based violence" refers to physical, sexual violence other than rape, 
2 
and psychosocial harm that is committed against a person as a result of power inequities that 
3 
are based on gender roles. These include, among odlers, sexual slavery, prostitution, forced 
4 
marriage, forced pregnancy, or forced sterilization. 
5 
6 
z. 
"Rape" refers to dle crime of rape as defined under Article 266-A of dle Revised Penal 
7 
Code, as amended by Republic Act No. 8353 or the Anti-Rape Law. 
8 
9 
aa. "Recruitment" refers to compulsory, forced, or voluntary conscription or enlistment of 
10 
children into the governmental armed force and, forced or voluntary membership into tlle 
11 
any other armed group as defined in this Act. 
12 
13 
bb. "Release of children/Demobilization" refers to the process of formal and controlled 
14 
disarmament of children and their release from an armed force or armed group. Tt shall 
15 
likewise refer to dle informal ways in which children leave the governmental armed forces or 
16 
armed group. It entails a disassociation from the armed force or armed group and shall 
17 
likewise refer to the processing of individual combatants in temporary centers to tlle massmg 
18 
of troops in camps designated for the purpose. The process encompasses tlle support 
19 
package provided to the children. Demobilization of children can take place during the 
20 
situation of armed conflict; it is not dependent on the temporary or permanent cessation of 
21 
hostilities; it is not dependent on children having weapons to forfeit. 
22 
23 
cc. "School" refers to any structure tllat is recognized and known by the community as a 
24 
learning space. 
25 
26 
dd. "Zone of Peace" refers to a site with sacred, religious, historic, educational, cultural, 
27 
geographical or environmental importance protected and preserved by its own community 
28 
and officially recognized by a governmental authority. It is not merely a "Demilitarized 
29 
Zone", but a sanctuary that operates within ethical principles of non-violence, free from 
30 
weapons, acts of violence, injustice and environmental degradation. 
31 
32 
33 
CHAPTER 2 
34 
PRINCIPLES IN THE PROMOTION OF THE PROTECTION, RIGHTS, AND WELL-
35 
BEING OF CHILDRE IN SITUATIONS OF ARMED CONFLICT 
36 
37 
38 
39 
40 
SEctION 6. Rights of Children in Situations of Armed Conflict (CSAC). Every child involved in, 
41 
affected by, or displaced by armed conflict shall have the following rights, including but not limited 
42 
to: 
43 
44 
a. The right to be accorded, with dignity and respect, their basic human rights accorded to 
45 
them by the Constitution and international instruments. 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
b. The right to be protected agamst any form of direct or indiscriminate attacks, abuse, 
degradation, hun1iliarion, maltreatn1ent, neglect, exploitation and other violations. 
c. 
The rigl1t to be treated as victims who must be protected within the framework of 
restorative justice and social rehabilitation. 
d. The right to communicate and be communicated with in a language they understand. 
e. The right to enjoy their freedom of thought, conscience, religion or belief, opinion and 
expression and to associate freely and participate equally 111 legrtimate community affairs; 
including processes tl1at dIscllss and conslder policies, actions, decislODs concerning their 
rescue, rehabilitation, and reintegration. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
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12 
13 
14 
15 
f. 
The right to liberty of movcment and frecdom to choose their residence especially dle IDe and 
d1eir fatnilies who shall have the right to move freely ill and out of evacuaUOl1 centers or other 
settlcl11cnts, subject to CX1St111g rules and regulattons in those centers or settlements; 
g. The right especially of IDC and their fanlilies to: leave the COwHty; seek safety m another part of 
the country; seek other SC1\TICe providers; seek asylurn in another country; and be protected 
agnmst forcible retum to resettlement in any place where their Me, safety, hberty or health would 
be at risk; 
h. The right of all children to be reunited with tllclr famihes in case of separation due to armed 
conflict; 
I. 
The right for the property and possessions of children and their famihes to be protected 
in all circumstances. 
16 
SECTION 7. Duties and Responsibilities of the State in relation to Children in Situations of 
17 
Armed Conflict. For children in situations of armed conflict, the State, through its duly recognized 
18 
officials/units/ offices/bodies/ others, shall: 
19 
20 
a. 
Treat children humanely in all circumstances, without any adverse distinction founded on 
21 
race, color, religion or faith, gender, birth or wealth, or any other similar criteria; 
22 
23 
b. Protect children ag-ainst recrUltment into the governmental armed forces or armed groups, 
24 
and participation in whatever manner in armed conflicts; 
25 
26 
c. 
Enforce measures the penalize torture or any crue~ inhuman or degrad111g practices that compel 
27 
COll1pliance or punish nOll-COll1pliance with recruitment or participation ill armed confhct; 
28 
29 
d. Provide and grant safe access to essenual, adequate and culturalIy appropriate food and nutrition; 
30 
basic shelter and housing; culmrally appropriate clothmg; water, sanitation, and hygtene; basic healdl 
31 
services including essentla1 dlUgS, ll1edicill('S and vaccines, health professional evaluation and 
32 
appropriate intervention; education, includmg rehgious and moral education; Early Childhood Care 
33 
and Development (ECCD) programs, psychosocial support and SOCIal se1Vlces. 
All services 
34 
provided for children must be chud and gender sensitive or responsive; 
35 
36 
c. 
Provide medical assistance and similar aid/assistance required by their condition, and to 
37 
treaunent which takes into account their special needs, such as but not limited to their 
38 
health needs, reproductive health care as well as appropriate counseling, prevention of 
39 
contagious and infectious diseases, including HIV / AIDS, and aCcess to psychosocial 
40 
41 
42 
43 
44 
f. 
serViCes; 
Ensure that 
children in situations the right not to be interned in or confined in camp, 
especially IDe and their families; 
45 
g. 
Ensure that the children and their families are not separated from each odler, dunng 
46 
47 
48 
evacuations and in evacuation centers; 
49 
h. 
Pursuant to each child's right to obtain necessary document/s to enjoy dlelr legal rights, 
50 
dlC State shall have the duty to expedite services in the issuance of new documents or dle 
51 
replacement of documents lost in the course of displacement, without imposing 
52 
unreasonable conditions, and without discrimination against female child and male child, 
53 
who shall have equal rights to obtain and to be issued the same in their own names; 
54 
55 
1. 
Ensure dlat children shall have dle right of access to jusbce including free legal aid when 
56 
tiling cases against the perpetrators; 
57 
58 
59 
60 
CHAPTER 3 


1 
UNLAWFUL or PROHIBITED ACTS 
2 
3 
SECTION 8. UnlawfUl or Prohibited Acts-
4 
5 
a. It shall be unlawful for any person, to commit the following acts of grave Child Rights 
6 
Violations: 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
1. 
Killing of children; 
2. Torture committed against children. For the purposes of this Act, torture shall 
include those enumerated in Section 4 of Republic Act 9745 or the Anti-Torture Act; 
3. Intentional or causal maiming of children; 
4. Rape of children; 
5. Cruel, inhuman and degrading treatment or punishment committed against children. 
For the purposes of this Act, cruel, tnhuman and degrading treatment or punishment 
shall include those enumerated in Section 5 of Republic Act 9745 or the Anu-
Torture Act; 
6. Abduction of children; 
7. Taking children as hostages or using them as human shield; 
8. Recruitment, conscription, or enlistment of children into governmental armed forces 
and other armed groups; 
9. Other acts of gender-based violence against children; 
10. Refusal or denial of humanitarian access and/or assistance to children; 
11. Use or involvement of CIAC in any capacity as defined in Section 501) of this Act; 
12. Attack on schools, hospitals, places of worship, evacuation centers and settlements 
and other public places where children can usually be found. 
27 
b. Likewise, it shall be unlawful for any person to commit tlae following acts as defined in 
28 
Section 5 (Definition of Terms) of this law: 
29 
30 
1. Hamleting 
31 
2. Food Blockade 
32 
3. Intentional Delayed Reporting of a child in custody 
33 
4. False Reporting of a child in custody 
34 
5. 
False Branding of children or labeling 
children as children involved in armed 
35 
conflict 
36 
37 
c. It shall also be unlawful for parents, ascendants, guardians, step parents or collateral relatives 
38 
within the third degree of consanguinity or affinity or any person having control or moral 
39 
ascendancy to the child to allow, willfully encourage, compel, coerce, or influence tlaeir child 
40 
or children to be part of an armed group or a governmental armed force. 
41 
42 
CHAPTER 4 
43 
PENALTIES AND PRESCRIPTION OF CRIME 
44 
45 
SECTION 9. 
Penalties - The following penalties and sanctions are hereby imposed for the 
46 
offenses enumerated in d1is Act: 
47 
48 
a. 
Any person found gU1lty of committing any of the acts enumerated in subparagraphs 1,2,3 
49 
and 4 of paragraph (a) Section 8 of this Act shall suffer the penalty of life imprisonment and 
50 
a fine of not less than "1\vo million pesos (p2, 000,000.00) but not more tlaan Five Million 
51 
Pesos 1'5, 000,000.00) 
52 
53 
b. Any person found guilty of committing any of d1e acts enumerated in 
subparagraphs 
54 
5,6,7,8,9,10,11 and 12 of paragraph (a) 
Section 8 of this Act shall be punished witla an 
55 
imprisonment of not less d1an fourteen (14) years but not more tlaan twenty (20) years and a 
56 
fine of not less than One Million Pesos (P1,000.000.00) but not more than Two Million 
57 
Pesos (1'2,000,000.00); Provided That where tlae crimes committed resulted in the kilhng, 
58 
torture, maiming, or rape of children in subparagraphs 1,2,3 and 4 of paragraph (a) Section 8, 
59 
the penalty imposed shall be that of Section 9(a) of this Act; 
60 


1 
c. 
Any person found guilty of committing any of the acts enumerated in subparagraphs 1,2,3,4 
2 
and 5 paragraph (b) Section 8 of this Act shall be punished With an imprisonment of not 
3 
less than six (6) years but not more than twelve (12) years and a fine of not less than Five 
4 
Hundred Thousand Pesos (1'500,000.00) but not more than One Million Pesos 
5 
(Pl,OOO,OOO.OO). 
6 
7 
d. 
Parents, ascendants, guardians, step parents or collateral relatives within the third degree of 
8 
consanguinity or aftinity or any person having control or moral ascendancy to the child to 
9 
allow, wilfully encourage, compel, coerce, or influence their child or children to be part of an 
10 
armed group shall be punished with not less than six years but not more than twelve years. 
11 
PlVvided, However That, parents, ascendants, guardians, step parents or collateral relatives 
12 
within d1e d1ird degree of consanguinity or affinity or any person having control or moral 
13 
ascendancy to the child found guilty hereof may be allowed to serve the minimum penod of 
14 
imprisonment based on the sound discretion of the courts guided by the principles of pamls 
15 
patriae. 
16 
17 
SECTION 10. Non-implementadon 01' Violation of any other Provisions of this Act or the 
18 
Rules and Regulations in General - Any public officer, who shall knowingly and maliciously 
19 
prevent, prohibit, refuse or discontinue the implementation of any provision of this .Act or any rules 
20 
and regulations promulg-ated in accordance thereof, or in any other way vIOlate them, if such offICer 
21 
has the duty to implement the same, shall be punished by imprisonment of not less than six years 
22 
but not more than twelve years and perpetual absolute disqualification. 
23 
24 
Any such officer who shall prevent, prohibit, refuse or discontinue the impiementation of this Act 
25 
or its rules and regulations, or in any other way violate them by reason of inexcusable negligence or 
26 
ignorance, shall be punished with an imprisonment of not less than one month but not more than 
27 
six months and temporary special disqualification. 
28 
29 
The public officer liable under this Section shall, in addition to the imprisonment, be held 
30 
administratively liable under existing applicable laws. 
31 
32 
33 
SECTION 
11. 
Forfeiture of Proceeds, Property and Assets - The court shall order the 
34 
forfeiture of procecds, property and assets derived, direcdy or indirectly, from the crimes defined 
35 
and penalized in tl1is Act, without prejudice to the rights of the bona fide tl1ird party. The court shall 
36 
impose the corresponding accessory penalties under the Revised Penal Code, especially where the 
37 
offender is a public officer. 
38 
39 
The liabilities imposed in this Act shall not prejudice the application of other existing criminal, civil 
40 
and administrative liabilities that may additionally be imposed upon the person. 
41 
42 
SECTION 12. 
Non-prescription. - The crimes defined and penalized under this Act, their 
43 
prosecution, and the executton of sentences imposed on their account, shall not be subject to any 
44 
prescription. 
45 
46 
CHAPTERS 
47 
PRINCIPLES OF CRIMINAL LIABILITY AND APPLICATION OF PENALTIES 
48 
49 
SECTION 13. Individual Criminal Responsibilities - Individuals committing offenses in 
50 
violation of this Act shall be criminally liable whether slhe committed it alone or jointly with 
51 
another or through another person, regardless of whether or not that other person is criminally 
52 
responsible. 
53 
54 
SECTION 14. Irrelevance ofOHiciai Capacity- Any claim that the act was committed m one's 
55 
official capacity shall not exempt a person from criminal responsibility. Neither shall it be 
56 
considered for applications of a reduction of sentence. 
57 
58 
SECTION 15. 
Responsihl1ity of Superiors - In addition to other grounds of criminal 
59 
responsibility for crimes defined and penalized under this Act, a supenor shall be crimmally 
60 
responsible for such crimes committed by subordinates where: 
61 


1 
(a) That superior either knew or, owing to the circumstances at the time, should have known 
2 
that the subordinates were committing or about to commit such crimes; 
3 
(b) That superior failed to take all necessary and reasonable measures within his/her power to 
4 
prevent or repress their commission or to submit the matter to the competent authorities for 
5 
investigation and prosecution, 
6 
7 
SECTION 16. Orders Yom a Superior - The fact that a crime defined and penalized under thlS 
8 
Act has been committed by a person pursuant to an order of a superior, shall not relieve that person 
9 
of criminal responsibility unless all of the following elements occur: 
10 
11 
(a) The person was under a legal obligation to obey orders of the superior in question; 
12 
(b) The person did not know that the order was unlawful; and 
13 
(c) The order was not manifestly unlawfuL 
14 
15 
For the purposes of tllis section, orders to commit grave child rights violations enumerated in 
16 
Section 8 are manifestly unlawful and shall be punished by tllis Act and other applicable existing 
17 
laws, 
18 
19 
20 
SECTION 17. UnknoW11 Superior- Where the crimes defined and penalized under this Act have 
21 
been committed by a person pursuant to an order or command of unknown superior, any person 
22 
who in fact directed the otllers, spoke for them, signed receipts and other documents issued in their 
23 
name, or who has perfonned similar acts, on behalf of the anned groups shall be deemed tlle 
24 
superior. 
25 
26 
CHAPTER 6 
27 
INVESTIGATION, PROSECUTION, AND COURT 
28 
29 
SECTION 18. Court, Proseclltors and Investigators - The Family Courts shall have original and 
30 
exclusive jurisdiction Over the offenses punishable under tllis Act, 
31 
32 
The Commission on I-Iuman Rights (CHR) , the Department of Justice (DO]) and its attached 
33 
agencies, the Philippine National Police (PNP) or otller concerned law enforcement agencies shall 
34 
designate prosecutors or investigators, as tlle case may be, for cases involving crimes punishable 
35 
under tllis Act. 
36 
37 
The State shall ensure that judges, prosecutors and investigators, especially those designated for 
38 
purposes of tllis Act, receive effective training in human rights particularly on Convention on the 
39 
Rights of the Child and its Optional Protocol on involvement of CIAC and related international 
40 
instruments, International Humanitarian Law and International Criminal Law, 
41 
42 
SECTION 19. 
Requirement and Procedllres on Age Verification and Presumption of 
43 
Minority - The child involved in, affected or displaced by armed conflict shall enjoy the 
44 
presumption of minority and shall enjoy all the rights of a child recognized in this Act and other 
45 
applicable laws unless proven to be eighteen (18) years or older. 
46 
47 
The age of a child may be determined from the child's birth certificate, baptismal certlficate or any 
48 
other pertinent documents. In the absence of these documents, age may be based on information 
49 
from the child, testimonies of other persons, the physical appearance of the child and other relevant 
50 
evidence, In case of doubt as to the age of the chlld, it shall be resolved in favor of minority, 
51 
52 
Any person contesting the age of the child prior to tlle filing of the 111formation 111 any appropriate 
53 
court may file a case in a summary proceeding for tlle detennination of age before the Family Court, 
54 
which shall decide tlle case within twenty four (24) hours from receipt of the appropriate pleadings 
55 
of all interested parties, 
56 
57 
If a case has been filed against the child and is pending in the appropriate court, the person shall f,le 
58 
a motion to detennine the age of tl1e child in the same court where the case is pend111g, Pending 
59 
hearing on tlle said motion, proceedings on tlle main case shall be suspended, 
60 


1 
Tn all proceedings, law enforcement officers, prosecutors, judges and other government officials 
2 
concerned shall exert all efforts at determining the age of the child in armed conflict. 
3 
4 
SEC. 20. Protection of Victims and Witnesses - In addition to eX1sting prov1sions in Philippine 
5 
law for the protection of victims and witnesses, the following measures shall be undertaken: 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
(a) 
(b) 
(c) 
(d) 
The Court shall take appropriate measures to protect the safety, physical and 
psychological well-being, dignity and privacy of child victims and witnesses. In so 
doing, the Court shall have regard of all relevant factors, including age, gender and 
health, and tJ1e nature of dle crime, in particular, but not limited to, where d1e crime 
involves sexual or gender based violence or violence against children; 
The Court shall protect the privacy of child victims and witnesses and observe 
confidentiality consistent with existing rules on eXanlination of child victims and 
witnesses; 
\Vhere dle personal interests of d1e child victims are affected, the court shall consider 
the child victim's views and concerns in accordance with established rules of 
procedure and evidence; 
Where the disclosure of evidence or information may be prejudicial to the security of 
the child witness or the fanlily, the prosecution may withhold such evidence or 
information and instead submit a summary thereof consistent with the nghts of the 
accused to a fair and impartial trial. 
23 
SEC. 21. 
Reparation to Victims - In addition to existing provislOns in Philippine law and 
24 
procedural rules for reparations to victims, d1e following measures shall be undertaken: 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
(a) 
(b) 
(c) 
The Court shall follow the principles relating to the reparations to, or 1!1 respect ot~ 
child victims, including restitution, compensation and rehabihtation taking into 
consideration the scope and extent of any danlage, loss or injury suffered by child 
victims; 
The Court shall make an order directly against a convicted person specifying 
appropriate reparations to child victims, including restitution, compensation and 
rehabilitation; and 
Before making an order under this section, the court may invite and shall take 
account of representations from or on behalf of the convicted person, child victims 
or odler interested persons. 
37 
Nodling in this section shall be interpreted to prejudice the rights of child victims under national or 
38 
international law. 
39 
40 
SEC. 22. Immunity li'Oln Suit for Persons Providing Assistance - Any person who shall take 
41 
custody of children involved in anned conflict to ensure dleir safety or provide them any form of 
42 
assistance shall be exempt from any civil, criminal and administrative liability provided that the 
43 
person shall report it to the Local Social Welfare and Development Office (LSWDO), Philippine 
44 
National Police (PNP) or to the Barangay office within forty eight (48) hours. 
45 
46 
CHAPTER 7 
47 
PREVENTION, REHABILITATION, AND REINTEGRATION, RESCUE, 
48 
DEMOBILIZATION 
49 
50 
SEC. 23. Prevention - 1he State shall take all feasible measures to prevent the recruitment, re-
51 
recru1tment, use or displacement of CIAC. It shall take all necessary measures to ensure dle 
52 
effective implementation and enforcement of the provisions of this Act. Towards this end the State 
53 
shall: 
54 
55 
56 
57 
58 
59 
60 
(a) 
(b) 
(c) 
prioritize children's issues in the peace program of the Government and include 
children's concerns, specifically dle effects of armed conflicts, in peace negotiations; 
include peace, human rights, and protective behavior skills as fundanlental subjects 
in the education sys tern; 
provide educational assistance, whether formal or alternative learning system, that is 
child and culturally sensitive; 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
(d) 
(e) 
(I) 
(g) 
develop and implement tratnmg programs and campaign towards promoting a 
culture of peace and respect for human rights in colbboration with civil sOCiety 
organizations; 
provide capacity building for Local Governance and Community Development, and 
ensure the participation of various organizations, especially of children's and people's 
org,mization at the community level. These organizations shall be involved in 
consultation and decision-making processes and in 
d1e 
development and 
implementation of programs, projects and activities established for them; 
establish livelihood programs which shall be made available to communities in 
identified priority areas in order to alleviate the living conditions of the people; 
make available basic health services in heald1 facilities in identified priority areas. 
Culturally sensitive nutrition program and activities including but not limited to 
supplementary feeding shall also be made avaibble. Efforts to support tradiuonal 
heald1 practices in indigenous peoples area shall also be initiated; 
establish basic facilities and infrastructure needed; 
ensure d1at child protection mechanisms are present and funcuonal; and 
establish a comprehensive, effective and 
efficient system for m0111toring and 
reporting and response for violations as provided in Section 8 of this Act. 
20 
SEC. 24. ResclJe, Rehabilitation and Reintegration - The State shall institute policies, programs 
21 
and services for rescue, rehabilitation and reintegration of children involved in, affected by or 
22 
displaced by armed conflict. The programs shall aim at providing services for children while 
23 
involving their families, communities and other entities to facilitate the children's reintegration 
24 
process. 
25 
26 
These services shall include but not be limited to psychosocial support, health and nutrition, 
27 
education, livelihood for families and other basic services, and legal services as may be necessary. 
28 
29 
Any program interventions shall be designed with due respect to the culture of each child, family 
30 
and community. The child shall, at all times, be provided wid1 legal assistance and physical security 
31 
upon rescue. 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
The State shall take into account the following in the rescue, rehabilitation and reintegration of 
children: 
(a) 
(b) 
(c) 
Rescue: The State shall provide for adequate measures and mecl1anisms to facilitate 
the recovery, eitl1er voluntary or involuntary, of children from armed groups or 
governmental armed forces. It shall provide legal and physical security to children 
involved in armed conflict including services such as family tracing and system of 
referral or response on various psychosocial services needed by the victims; 
Rehabilitation: The State shall facilitate the normal development of children victims in 
their post-involvement phase. 
It shall provide services including therapeutic 
counseling, 
security and protection, 
educational assistance 
and livelihood 
opportunities to their parents, relatives or guardians or to the vicums when d1ey 
become of age; 
ReillleglYltioll: The State shall bring children back to their families or communities 
whenever possible. This shall involve services including provision of alterna6ve 
parental care. Trainings aimed to enhance community readiness in the reintegration 
of these children shall also be undertaken. Whenever possible, interventions for 
children shall be done with respect to their opinion. Interventions for indigenous 
peoples (IP) children shall be conducted in recognition of the traditional structures 
and institutions of their communities. 
SEC. 25. 
Release of Children Involved in Armed Conflict (CIAC)- The State shall take all 
feasible measures to ensure that children recruited or used in hostilities contrary to this Act arc 
released from service. 
For the purposes of this Act, tl1e release of chlldren and odler activities relative to such, shall be 
initiated independent of any negotiated peace agreements. 
60 
The State, through its concemed agencies, in coordination witl1 od1er stakeholders shall have tl1e 
61 
following duties: 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
a. 
b. 
c. 
d. 
e. 
f. 
Develop a child-specific release and reintegration program. "nlis program should not 
make as a requirement the surrender of arms by CIAC who have assumed non-
combatant roles; 
Monitor and document the status of CIAC who undergo either formal, or infonnal 
demobilization process; 
With due reg-ard to the right to privacy of CIAC, their security and safety, and 
considering the confidentiality of records, share data and information by both 
government and non-government organizations to assess the needs of released 
CIAC and to formulate ways to address these needs, and be informed of their status 
and updates of demobilized CIAC; 
Mobilize and strengthen networks for referrals; 
Provide free legal assistance to demobilized CIAC ensuring that the legal needs of 
the fonner CIAC will be addressed, such as, the prohibition or stoppage of fihng 
charges or dismissal of cases ag-ainst CIAC as cnminal or political offenders 
irrespective of their association with any armed group or force; 
Ensure the formal release of CIAC through various approaches such as negotiatmg 
through the Government Peace Negotiating Panel (GPNP). Other criminal armed 
groups tJoat utilize children and are not involved in formal peace negottatton wldl the 
government shall however, be dealt, in accordance with peace and order or security 
policy as may be provided by the appropriate government agency. Pmvided, That in 
any demobilization action, the best interest of dle child shall prevail. 
24 
SEC. 26. Rescued or Surrendered Children Involved in Armed Conflict (CIAC) - \Vhere the 
25 
CIAC have been rescued or surrendered they shall at all times be treated in a child-friendly and 
26 
sensitive manner. The State at all times shall cOtlSlder the safety and security of the CIAC. The 
27 
following procedures shall apply without prejudice to the application of other existing laws that will 
28 
uphold the best interests of the child: 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
a. 
b. 
c. 
d. 
e. 
f. 
g. 
h. 
1. 
J. 
The identity of rescued CIAC shall be protected. 
Any identifying information 
reg-arding them shall remain confidential; 
Rescued CIAC shall not be used for any political propaganda nor be unnecessarily 
exposed to media in violation of child rights to privacy, security and confIdentiality 
of their cases; 
Upon the rescue or surrender of CIAC, dle government agencies, in particular, the 
Armed Forces of the Philippines (AFP), the Philippine National Police (PNP) , 
Department of National Defense (DND), Local Government Units (LGUs), odler 
concerned government agencies and/ or Non-Government Organizations (NGOs) in 
possession of CIAC shall report immediately within twenty four (24) hours the 
incident to the Local Social Welfare and Development Office (LS\VDO) and 
Council for dle Welfare of Children (Cwq; 
The Local Social Welfare and Development OffIce (LSWDO) shall coordinate with 
the agency and/or NGO in possession of CIAC for the turn-over of custody of 
CIAC to DSWD; 
The turnover to LS\VDO shall take place within 24 hours or in cases where turnover 
is not possible within dlC prescribed 24 hour period due to valid reasons and without 
the fault of dle person having the custody of the child, the turnover shall be done 
'within the next seventy two (72) hours; 
The LSWDO shall facilitate the family tracing and coordinate with parenl~s, relatives 
or guardian of the CT AC to inform them of the turnover; 
The Local Health Office (LHO) in coordination with the LSWDO shall check and 
assess the medical and physical condition of CIAC In cases where medical needs are 
apparent, the LEO shall ensure that medical services or treatment arc received by 
tbe CIAC; 
The LSWDO shall assess the needs of the ClAC and refer to concerned agenCIes to 
provide immediate assis tance or appropriate services; 
The LSWDO, in coordination with other agencies, shall enter the CIAC into the 
cbild-specific demobilization programs; 
The CIAC shall be reintegrated into the community. In cases where reintegration to 
original community of origin is not feasible for reasons of the CIAC's security, a 
foster community or institution shall be identified. 


1 
2 
CHAPTERS 
3 
INVOLVEMENT OF GOVERNMENT AND NON-GOVERNMENT 
4 
ORGANIZATIONS 
5 
6 
SEC 27. 
Involvement of Government Organizations (GOs) and Nongovernment 
7 
Organizations (NGOs) - To effectively address the issue of CSAC, the Council for the Welfare of 
8 
Children together with Its member agencies shall be assisted by the following government 
9 
organizations (GOs) for the proper implementation of this Act: 
10 
a. 
Armed Forces of d,e Philippines (AFP) 
11 
b. 
Commission on I-Iuman Rights (CI-IR) 
12 
c. 
Department of National Defense (DND) 
13 
d. 
Local Government Units (LGUs) 
14 
e. 
National Commission on Indigenous Peoples (NCIP) 
15 
f. 
National Commission on Muslim Filipinos (NCMF) 
16 
g. 
National Disaster Risk and Reduction Management Council (NDRRMC) 
17 
h. 
Office of d,e Presidential Adviser on the Peace Process (OPAPP) 
18 
L 
Philippine Commission on Women 
19 
). 
Philippine National Police (PNP) 
20 
21 
Child-focused non-government organizations (NGOs) in caring for CSAC shall take active part in 
22 
and strengthen d,eir programs on protecting dlese children. 
23 
24 
For proper implementation of this Act, all GOs and NGOs including but not limited to those 
25 
identified herein, shall provide d,eir respective counterpart support including but not limited to 
26 
technical, logistical and financial assistance relative to the implementation of programs, projects and 
27 
activities for CSAC, in accordance with d,eir mandate and in accordance with existing accounting 
28 
and auditing rules and regulations. 
29 
All programs should be participatory and should ensure the involvement of children, their 
30 
communities, NGOs, faith-based organizations or groups, and other concerned groups. 
31 
32 
33 
34 
CHAPTER 9 
35 
MONITORING AND REPORTING 
36 
37 
SEC 28. MOIJitoring and Reporting System - The State, through the CWC in coordination with 
38 
other concerned government organizations shall ensure the implementation of the provisions of this 
39 
Act and shall submit to tl,e President and to Congress of the Philippines, the annual report thereof. 
40 
CWC shall establish and maintain a database for tl,e monitoring and reporting of CSAC concerns 
41 
integrated in its monitoring system. 
42 
43 
The CWC may hire additional personnel to complement its present Secretariat to perform its 
44 
functions relative to this Act. 
45 
46 
47 
CHAPTER 10 
48 
TRANSITORY PROVISIONS 
49 
50 
SEC 29. ChildJ'en IIlvolved in Anned Conflict- Upon the effectivity of this Act, criminal cases 
51 
against children involved in armed conflict shall immediately be dismissed and the child shall be 
52 
referred to the LS\'{IDO. Such office, upon iliorough assessment of the child, shall determine 
53 
whether to release the child to the custody of the parents, or refer the child to prevention, 
54 
rehabilitation, reintegration programs as provided under d,is Act. Those with suspended sentences 
55 
and undergoing rehabilitation at d1e youth rehabilitation center shall likewise be released, Provided, 
56 
Tbat the Family Court shall, in consultation with concerned agencies determine and order the 
57 
app1'Opriatc prevention, rehabibtation, reintegration programs tl,e person shall undergo as provided 
58 
in this 1\ct. Those with suspended sentences and undergoing rehabilitation at the YOUdl 
59 
rehabilitation center shall likewise be released, Provided, That d1e Family Court shall, in consultation 


1 
with concerned agencies determine and order the appropriate prevention, rehabilitation, 
2 
reintegration programs the person shall undergo as provided in this act. 
3 
4 
SEe. 30. Inventory of Custody of CSA C - The AFP, the PNP, the BJMP, the DS\V'D, the NCIP, 
5 
NCMP, and the concerned LGUs are hereby directed to submit to the CWC, within ninety (90) days 
6 
from the effectivity of this Act, an inventory of all CSAC under their custody. 
7 
8 
SEe. 31. Children W110Reach the Age of Eighteen (18) Years Pending Court Proceedings or 
9 
in Suspended Sentences - If a child reaches the age of eighteen (18) years pending court 
10 
proceedings, the Family Court shall dismiss the case against the person and determine in 
11 
consultation with concerned agencies for the need to undergo appropriate rehabilitation and 
12 
reintegration programs provided in this Act. 
13 
14 
Those with suspended sentences and undergoing rehabilitation at the youth rehabihtation center 
15 
shall likewise be released: Provided, That the Family Court shall, in consultation with concerned 
16 
agencies determine and order dle appropriate rehabilitation, reintegration programs the person shall 
17 
undergo as provided in dlis Act. 
18 
19 
SEC. 32. Children Who Have Been Convicted and are Serving Sentence. - Persons who have 
20 
been convicted and are serving sentence at the time of the effectivity of this Act, and who were 
21 
below the age of eighteen (18) years at dle time dle commission of tllc offense for which they were 
22 
convicted and are serving sentence, shall likewise benefit from the retroactive application of dlis Act. 
23 
They shall be entitled to appropriate dispositions provided under this Act and their sentences shall 
24 
be adjusted accordingly. They shall be immediately released if tlley are so qualified under this Act or 
25 
other applicable law. 
26 
27 
CHAPTER 11 
28 
FINAL PROVISIONS 
29 
30 
SEe. 33. Implementing Rules and Regulations - The CWC togetller with Its member agencies 
31 
and OPAPP, with the involvement of CSOs, shall promulgate the implementing rules and 
32 
regulations of this act within 90 days from the approval of this Act. All government agencies 
33 
enumerated in Sec. 27 of tllis Act shall be consulted in so far as the drafting of their responsibilities 
34 
are concerned. 
35 
36 
NGOs involved in caring for CSAC shall likewise be consulted in the drafting of dle implementing 
37 
rules and regulations of this act. 
38 
39 
SEe. 34. Appropriations-The amount ofTen Million is hereby appropriated to the CWC for dle 
40 
initial implementation of this Act Said amount shall be funded from tlle gross income of the 
41 
Philippines Amusement and Gaming Corporation (P AGCOR) and shall be directly remitted to a 
42 
special account of the CWe. Thereafter, for tlle continued implementation of this Act, such sums 
43 
shall be included in tlle annual General Appropriations Act (GAA). 
44 
45 
SEC 35. Repealing Clause - Article X Sections 22 to 26 of RA 7610, all laws, acts, presidential 
46. 
decrees, executive orders, administrative orders, rules and regulations inconSistent with or contrary 
47 
to the provisions of tllis Act are deemed amended, modified or repealed accordingly. 
48 
49 
SEC. 
36. 
Separability Clause - If any part or provision of this Act is declared invalid or 
50 
unconstitutional, tl1e odler parts thereof not affected thereby shall remain valid. 
51 
52 
SEe. 37. Effectivity Clause - This Act shall take effect fifteen (15) days upon completlon of its 
53 
publication in at least two (2) national newspapers of general circulation 
54 
55 
APPROVED, 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
a. 
b. 
c. 
d. 
e. 
f. 
Develop a child-specific release and rein tegration program. This program should not 
make as a requirement the surrender of arms by CIAC who have assumed non-
combatant roles; 
Monitor and document the status of CIAC who undergo either formal or informal 
demobilization process; 
With due regard to the right to privacy of CIAC, their security and safety, and 
considering the confidentiality of records, share data and information by both 
government and non-government organizations to assess the needs of released 
CIAC and to formulate ways to address these needs, and be informed of their status 
and updates of demobilized CIAC; 
Mobilize and strengthen networks for referrals; 
Provide free legal assistance to demobilized CIAC ensuring that the legal needs of 
the former CIAC will be addressed, such as, the prohibiTIon or stoppage of filing 
charges or dismissal of cases against CIAC as criminal or political offenders 
irrespective of their association with any armed group or force; 
Ensure the formal release of CIAC through various approaches such as negotiaTIng 
through the Government Peace Negotiating Panel (GPNP). Other criminal armed 
groups that utilize children and are not ltlvolved ltl formal peace negotiation with the 
government shall however, be dealt, in accordance with peace and order or security 
policy as may be provided by the appropriate government agency. Provided, That in 
any demobilization action, the best interest of the child shall prevail. 
24 
SEC. 26. Rescued or Surrendered Children Involved in Armed Conflict (CIAC) - Where the 
25 
CIAC have been rescued or surrendered they shall at all times be treated in a child-friendly and 
26 
sensitive manner. The State at all TImes shall consider the safety and security of the CIAC. The 
27 
following procedures shall apply without prejudice to the application of other existing laws that will 
28 
uphold the best interests of the child: 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
a. 
b. 
c. 
The identity of rescued CIAC shall be protected. 
Any Identifying information 
regarding them shall remain confldential; 
Rescued CI AC shall not be used for any political propaganda nor be unnecessarily 
exposed to media in violation of child rights to privacy, security and confidentiality 
of their cases; 
Upon the rescue or surrender of CIAC, the government agenCies, in particular, the 
Armed Forces of the Philippines (AFP), the Philippine National Police (PNP) , 
Department of National Defense (DND), Local Govemment Units (LGUs), odler 
concemed government agencies and/or Non-Government Organizations (NGOs) in 
possession of CIAC shall report immediately within twenty four (24) hours the 


1 
2 
3 
4 
5 
CHAPTERS 
INVOLVEMENT OF GOVERNMENT AND NON-GOVERNMENT 
ORGANIZATIONS 
6 
SEC. 27. 
Involvement of Govemment Organizations (GOs) and Nongovemment 
7 
Organizations (NGOs) - To effectively address the issue of CSAC, the Council for the Welfare of 
8 
Children together with its member agencies shall be assisted by the following government 
9 
organizations (GOs) for the proper implementation of this Act: 
10 
a. 
Armed Forces of the Philippines (AFP) 
11 
b. 
Commission on I-Iuman Rights (CRR) 
12 
c. 
Department of National Defense (DND) 
13 
d. 
Local Government Units (LGUs) 
14 
e. 
National Commission on Indigenous Peoples (NCIP) 
15 
f. 
National Commission on Muslim Filipinos (NCMF) 
16 
g. 
National Disaster Risk and Reduction Management Council (NDRRMC) 
17 
h. 
Office of the Presidential Adviser on the Peace Process (01' AP1') 
18 
1. 
Philippine Commission on Women 
19 
J. 
Ph1lippine National Police (PNP) 
20 
21 
Child-focused non-government organizations (NGOs) in caring for CSAC shall take active part in 
22 
and strengthen their programs on protecting these children. 
23 
24 
For proper implementation of this Act, all GOs and NGOs including but not hmited to those 
25 
identified herein, shall provide their respective counterpart support including but not limited to 
26 
technical, logistical and financial assistance relative to the implementation of programs, projects and 
27 
activities for CSAC, in accordance with their mandate and in accordance with existing accounting 
28 
and auditing rules and regulations. 
29 
All programs should be participatory and should ensure the involvement of children, their 
30 
communities, NGOs, faith-based organizations or groups, and other concerned groups. 
31 
32 
33 
34 
CHAPTER 9 
35 
MONITORING AND REPORTING 
36 
37 
SEC. 28. Monitoring and Reporting System - 'The State, through the CWC in coordination with 
38 
other concerned government organizations shall ensure the implementation of the provis10ns of this 
39 
Act and shall submit to the President and to Congress of the Philippines, the annual report thereof. 
40 
CWC shall establish and maintain a database for the monitoring and reportmg of CSAC concerns 
41 
integrated in its monitoring system. 
42 
43 
The C\VC may hire additional personnel to complement its present Secretariat to perform 1tS 
44 
functions relative to this Act. 
45 
46 
47 
CHAPTER 10 
48 
TRANSITORY PROVISIONS 
49 
50 
SEC. 29. Children Involved in Anned Connict - Upon the effectivity of this Act, criminal cases 
51 
against children involved in armed conflict shall immediately be dismissed and the child shall be 
52 
referred to the LSWDO. Such office, upon thorough assessment of the child, shall determine 
53 
whether to release the child to the custody of d1e parents, or refer the child to prevention, 
54 
rehabilitation, reintegration programs as provided under d1is Act. Those with suspended sentences 
55 
and undergoing rehabilitation at the youd1 rehabilitation center shall likewise be released, PIVvided, 
56 
That the Family Court shall, in consultation with concerned agencies determine and order d1e 
57 
appropriate prevention, rehabilitation, reintegration programs d1e person shall undergo as provided 
58 
in this Act. Those with suspended sentences and undergoing rehabihtation at d1e youth 
59 
rehabilitation center shall likewise be released, P1Y!vided, That d1e Family Court shall, in consultation 


1 
with concerned agencies determine and order the appropriate prevention, rehabilitation, 
2 
reintegration programs the person shall undergo as provided in this act. 
3 
4 
SEC. 30. IIwelJtory of Custody of CSA C - The AFP, dle PNP, me 13JMI', the DS\XI]), the NCIP, 
5 
NCMF, and the concerned LGUs are hereby directed to submit to dle CWC, within ninety (90) days 
6 
from the effectivity of this Act, an inventory of all CSAC under ilieir custody. 
7 
8 
SEC. 31. Children Who Reach the Age of Eighteen (18) Years Pending Court Proceedings or 
9 
in Suspended Sentences - If a child reaches me age of eighteen (18) years pendmg court 
10 
proceedings, the Family Court shall dismiss the case against the person and determine in 
11 
consultation with concerned agencies for dle need to undergo appropriate rehabilitation and 
12 
reintegration programs provided in this Act. 
13 
14 
Those widl suspended sentences and undergoing rehabilitation at me YOUdl rehabilitation center 
15 
shall likewise be released: Provided, That me Family Court shall, in consultatlon with concerned 
16 
agencies determine and order the appropriate rehabilitation, remtegration programs me person shall 
17 
undergo as provided in this Act. 
18 
19 
SEC. 32. Child/'ell W'11O I-fave Been Convicted and are Serving Sentence. - Persons who have 
20 
been convicted and are serving sentence at the time of me effectivity of tlllS Act, and who were 
21 
below the age of eighteen (18) years at the time the commiSSIOn of the offense for which mey were 
22 
convicted and are serving sentence, shall likewise benefit from the retroactive application of this Act. 
23 
They shall be entitled to appropriate dispositions provided under this Act and their sentences shall 
24 
be adjusted accordingly. They shall be immediately released if they are so qualified under this Act or 
25 
other applicable law. 
26 
27 
CHAPTER 11 
28 
FINAL PROVISIONS 
29 
30 
SEC. 33. Implementing Rules and Regulations - The CWC togemer '"vith its member agenCies 
31 
and OI'APP, with tlle involvement of CSOs, shall promulgate me implementing rules and 
32 
regulations of tllis act wimin 90 days from me approval of tllis Act. All government agencies 
33 
enumerated in Sec. 27 of this Act shall be consulted in so far as me drafting of meir responsibilities 
34 
are concerned. 
35 
36 
NGOs involved in caring for CSAC shall likewise be consulted in tile drafting of the implementing 
37 
rules and regulations of dlis act. 
38 
39 
SEC. 34. AppropJiations-The amount ofTen Million is hereby appropriated to the CWC for dle 
40 
initial implementation of dlis Act. Said amount shall be funded from me gross income of dle 
41 
Philippines Amusement and Gaming Corporation (P AGCOR) and shall be directly remitted to a 
42 
special account of the C\VC. Thereafter, for tlle continued implementation of this Act, such sums 
43 
shall be included in the annual General Appropriations Act (GAA). 
44 
45 
SEC. 35. Repealillg Clause - Article X Sections 22 to 26 of RA 7610, all laws, acts, presidential 
46 
decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary 
47 
to the provisions of dlis Act are deemed amended, modified or repealed accordingly. 
48 
49 
SEC. 
36. 
Separability Clause - If any part or provision of mis Act is declared invalid or 
50 
unconstitutional, the other parts mereof not affected mereby shall remain valid. 
51 
52 
SEC. 37. Effectivity Clause - This Act shall take effect tifteen (15) days upon completion of its 
53 
publication in at least two (2) national newspapers of general circulation 
54 
55 
APPROVED,