FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2840 
'11 
11AY24 P2:03 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Children's rights are violated in one way or the other despite the presence of 
existing laws. Although there are numerous and different laws that safeguard the 
rights of the children, including Republic Act No. 7610, otherwise known as the 
Special 
Protection of Children Against Child Abuse, 
Exploitation and 
Discrimination Act, children are still left unprotected, violated through various 
means, and are even considered as violators under the very law that sought to 
protect them. 
In light of such compelling issue, the proposed bill comprehensively presents the 
necessary measures to protect children's rights and welfare particularly those 
involved in situations of armed conflict that are vaguely considered in the existing 
laws. The proposed bill seeks to provide for the comprehensive protection, 
rehabilitation, and reintegration of the children who have been involved in, 
displaced by and/or affected by armed conflict. Moreover, it seeks to establish 
child sensitive measures and treatment for children involved in armed conflict 
when they are rescued and demobilized. 
Furthermore, with the recommendation of the United Nations Committee on 
Rights of the Child and the Council for the Welfare of Children, there is a 
convincing need for the amendment of RA 7610 to exclude the prosecution of 
children involved in armed conflict, thus treating them as victims, not violators of 
the law. 
The bill, should it become a law, prohibits and penalizes the commission of grave 
child rights violation in armed conflict situation including killing of children. 
subjecting them to torture and other inhuman and degrading treatment or 
punishment, rape or abduction of children, other acts constituting gender-based 
violence against children, recruitment and involvement of children in armed 
conflict, and attack of schools, hospitals, places of worship, evacuation centers 
and settlements and other public places where children can usually be found. It 
makes liable not only the government forces but also other non-state armed 
groups for the violation of any provisions of the proposed law. 


Children should no longer be subjected to violence, moreover, should be 
provided an environment that would nurture their hopes and dreams. This 
proposed measure will not only serve to protect their rights and welfare but also 
their hopes and dreams of a better future. 
Hence, the immediate passage of this bill is earnestly sought. 
OY EJERCITO ESTRAD.Q 
Senator 
i' 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2 S -1 0 
'11 
MAY 24 P 2 :03 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING 
FOR 
THE 
SPECIAL 
PROTECTION 
OF 
CHILDREN 
IN 
SITUATIONS OF ARMED CONFLICT AND PROVIDING PENAL TIES FOR 
VIOLA nONS THEREOF 
- - - _. - - - - -" -
-
- --- .-.. _-
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
CHAPTER 1 
GENERAL PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as the "Special Protection of 
Children in Situations of Armed Conflict Act of 2011 ". 
SEC. 2. Declaration of State Policy. - It shall be the policy of the State to provide 
special protection to Children in Situation of Armed Conflict (CSAC) from all 
ferms of abuse, vielence, neglect, cruelty, discrimination and ether cenditiens 
prejudicial to their development, taking into consideration their gender, cultural, 
ethnic, and religious background. For this purpose the State shall: 
a. Fully implement the protection guaranteed under the Convention on 
the Rights of the Child, its Optional Protocol on the involvement of 
Children in Armed Cenflict (CIAC) and all other core human rights 
treaties, particularly, the International Covenant on Civil and Political 
Rights and the Convention Against Torture and Other Cruel, Inhumane 
and Degrading Treatment; other pertinent international instruments 
such as but not limited to the ILO Convention No. 182 concerning the 
prohibition and immediate action for the elimination of the worst forms 
of child labor; the Geneva Conventions of 1949 and the Additional 
Protocols ratified by the Philippines; the Convention on the Prohibition 
of the Use, Stockpiling, Production and Transfer of Anti-Personnel 
Mines and on their Destruction, take into account the Paris Principles 
on the Principles and Guidelines on Children Associated with Armed 
Forces or Armed Groups, the United Nations Guiding Principles on 
Internal Displacement, the United Nations Security Council Resolutions 
related to CAAC and other pertinent international instruments in the 
implementations of its treaty obligations and of this Act; 
1 


b. Respect the human rights of children at all times. It shall be recognized 
that children are entitled to dignity and respect as human beings in 
need of protection from degradation, humiliation, maltreatment, 
exploitation and assault; 
c. Consider children as Zones of Peace who are entitled to special 
protection during armed conflict. The State shall consider as 
paramount the best interests of children and treat all children involved 
in, affected by or displaced by armed conflict as victims; 
d. Take all feasible measures to prevent the recruitment and use of CIAC 
and shall take all necessary measures to ensure the effective 
implementation and enforcement of the provisions of this Act; 
e. Take all necessary measures to address the root causes of armed 
conflict that result in involving, affecting or displacing children, which 
include poverty, lack or absence of quality basic psycho-social 
services, belief in the ideologies of an armed group, secessionist 
advocacy, affiliation of family members in armed groups, pursuit of 
alternative justice for atrocities, abuses and injustices experienced, 
and persistence of armed conflicts; 
f. 
Continue to recognize its primary role in providing effective protection 
and relief to all CSAC; 
g. Continue to fulfill its responsibilities to end impunity and to prosecute 
those responsible especially for grave child rights violations in armed 
conflict; and, 
h. Ensure the right to participation of children in all its policies, actions, 
decisions concerning CAAC. 
SEC. 3. Scope of Application. - This Act shall apply to all children involved in, 
affected by or displaced by armed conflict. 
The application of this Act shall not affect the legal status of any party to an 
armed conflict. 
SEC. 4. Interpretation of this Act. - Nothing in this Act shall be construed as 
precluding provisions in existing Philippine laws, international human rights laws 
and related instruments, and international humanitarian law that are more 
conducive to the realization of the rights of children. 
SEC. 5. Definition of Terms. - As used in this Act 
(a) "Abduction of children" refers to the seizure, apprehension, taking in 
custody, detention or capture of one or more children either temporarily or 
permanently by force, threat of force, coercion, or deception for the 
purpose of any form of exploitation of such children in the situation of 
armed conflict; 
(b) "Armed conflict" refers to armed confrontations occurring between 
governmental armed forces and one or more armed groups, or between 
such groups arising in the Philippine territory. These shall include activities 
2 


which may lead to armed confrontation or armed violence that put 
children's lives at risk and their rights violated; 
(c) "Armed group" refers to an armed non-state actor or non-state entities 
engaged in armed conflict against the state or engaged in armed violence; 
(d) "Attacks on schools, hospitals, places of worship, evacuation 
centers and public places where children are usually found" refers to 
the occupation, shelling, targeting for propaganda of schools, hospitals or 
places of worship; causing damage to such places, or harm or injury to 
their personnel; or causing the total or partial physical destruction of such 
facilities; or disruption of educational activities and health services. It also 
refers 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"; 
(e) "Child protection" refers to the measures, structures and activities that 
ensure the prevention and response to abuse, neglect, exploitation and 
violence affecting children. It shall include the promotion of their 
development and psychosocial well-being; 
(f) "Child" refers to persons below eighteen (18) years of age or those over 
but are unable to fully take care of themselves or protect themselves from 
abuse, neglect, cruelty, exploitation or discrimination because of physical 
or mental disability or condition; 
(g) "Children In Situations of Armed Conflict (CSAC)" refers to all 
Children Involved In Armed Conflict (CIAC), Children Affected By Armed 
Conflict (CAAC), and Internally Displaced Children (IDC); 
(h) "Children Involved in Armed Conflict (CIAC)" refers to children who are 
either forCibly, compulsorily recruited or who voluntarily joined in any 
governmental armed forces or any armed group in any capacity to 
participate directly in armed hostilities as combatants or as fighters, or 
take support roles such as but not limited to scouting, spying, sabotaging, 
acting as decoys, assisting in check-points, being couriers, messengers, 
. porters, cooks and being used for sexual purposes; 
(i) "Children Affected by Armed Conflict (CAAC)" refers to all children 
population experiencing or have experienced armed conflict; 
0) "Explosive Remnants of War (ERW)" refers to unexploded ordnance 
and abandoned explosive ordnance. Explosive Ordnance refers to 
munitions that contain explosives, nuclear fission or fusion material, 
biological and chemical agents. This includes bombs and warheads, 
guided and ballistic missiles, artillery, mortar, small arms ammunition, 
mines, torpedoes, depth charges, demolition stores, pyrotechniCS, cluster 
munitions and dispensers, cartridges and propelled actuated devices, 
electric explosive devices and similar items that are explosive in nature. 
Unexploded Ordnance refers to explosive ordnance, which has been 
primed, fuzzed, armed or otherwise prepared for use or used. It could 
have been fired, dropped, launched, projected yet remains unexploded 
either through malfunction or design or for any other cause; 
(k) "Food blockade" refers to armed conflict tactic of forcibly cutting off entry 
of food supplies in a particular area where children can be found; 
3 


(I) "Governmental armed forces" refers to the Armed Forces of the 
Philippines (AFP) including the paramilitary forces, the Philippine National 
Police (PNP), and other law enforcement agencies; 
(m)"Grave child rights violation" refers to the crimes committed against 
children that constitute flagrant violations of their human rights and have 
severe consequences in their lives. These crimes include those 
enumerated in Section 8 of this Act, such as but not limited to, killing or 
maiming of children, recruitment or use of CIAC, rape and other forms of 
sexual violence against children, abduction of children, attacks against 
schools or hospitals, denial of humanitarian access to children; 
(n) "Hamleting" refers to an armed conflict strategy that isolates a 
community of importance to the enemy which is inhabited by children 
including relocating said community away from crucial zones. This 
strategy could be used to control the activities of the people in said areas. 
(0) "Hospitals or health facilities" refers to any structure recognized and 
known by the community as a facility where the sick and wounded are 
provided with medical and or health care services; 
(p) "Humanitarian access" refers to the right of vulnerable populations to 
receive international protection and assistance from an impartial 
humanitarian relief operation to complement efforts of national authorities. 
Such action is subject to the consent of the State or parties concerned and 
does not prescribe coercive measures in the event of refusal, however 
unwarranted; 
(q) "Humanitarian assistance" refers to aid that seeks to save lives and 
alleviate suffering of a crisis-affected population. Humanitarian assistance 
must be provided in accordance with the basic humanitarian principles of 
humanity, impartiality, independence and neutrality. Assistance may be 
divided into three categories: direct assistance, indirect assistance and 
infrastructure support, which have diminishing degrees of contact with the 
affected population; 
(r) "Internally Displaced Children (I DC)" refers to children or group of 
children, whether separated or together with their families, who have been 
forced or obliged to flee or to leave their homes or places of habitual 
residence, in particular, as a result of or in order to avoid the effect of 
armed conflict and situations of generalized violence. 
(s) "Improvised Explosive Device (lED)" refers to a device that is 
homemade or fabricated, constructed and deployed in ways other than 
conventional military action; containing or having contents from indigenous 
materials or substances that are destructive, lethal, noxious, pyrotechnic 
or incendiary chemicals, and designed to destroy, kill, incapacitate, harass 
or distract. IEDs are diverse in design, such as but not limited to, 
packages, or land mine or road-side bombs, and contain many types of 
initiators, detonators, penetrates, and explosive loads. These include 
shrapnel-generating objects such as, but not limited to nails, ball-bearings, 
small-pieces of iron or steel bars, and alike that may be used individually 
or in combination. These are triggered by various methods such as by 
remote control or command-detonation; 
(t) "Killing of children" refers to acts of all kinds in the context of armed 
conflict that result in the death of one or more children. Among others, 
4 


they include the death of children as a result of direct targeting and 
indirect actions, such as cross-fire, use of landmines, cluster munitions, 
ERW, all forms and types of lED; or house demolitions, search and arrest 
campaigns, suicide attacks and torture; they also include murder, 
homicide and such other similar crimes as defined in the Revised Penal 
Code and other special laws, as amended; 
(u) "Maiming of children" refers to acts of all kinds in the context of armed 
conflict that result in serious or permanent or disabling injury, scarring or 
defacing, or mutilation to one or more children. It shall cover intentional 
maiming of children where they are directly targeted, and causal 
maiming of children which results from indirect actions, such as cross-fire, 
use of landmines, cluster munitions, ERW, all forms and types of lED; or 
in the context of house demolitions, search and arrest campaigns, suicide 
attacks and torture; 
(v) "Other acts of gender based violence" refers to physical, sexual 
violence other than rape, and psychosocial harm that is committed against 
a person as a result of power inequities that are based on gender roles. 
These include, among others, sexual slavery, prostitution, forced 
marriage, forced pregnancy, or forced sterilization; 
(w) "Rape" refers to the crime of rape as defined under Article 266-A of the 
Revised Penal Code, as amended by Republic Act No. 8353 or the Anti-
Rape Law; 
(x) "Recruitment" refers to compulsory, forced and voluntary conscription or 
enlistment of children into the governmental armed force and forced or 
voluntary membership into the armed group; 
(y) "Release of children" refers to the process of formal and controlled 
disarmament of children and their release from an armed force or armed 
group. It shall likewise refer to the informal ways in which children leave 
the governmental armed forces or armed group. It entails a disassociation 
from the armed force or armed group and the beginning of transition to 
mainstream society. Release of children can take place during the 
situation of armed conflict; it is not dependent on the temporary or 
permanent cessation of hostilities; it is not dependent on children having 
weapons to forfeit; 
(z) "School" refers to any structure that is recognized and known by the 
community as a learning space and marked by visible boundaries; 
(aa) 
"Zone of Peace" refers to a site with sacred, religious, historic, 
educational, cultural, geographical or environmental importance protected 
and preserved by its own community and officially recognized by a 
governmental authority. It is not merely a "Demilitarized Zone", but a 
sanctuary that operates within ethical principles of non-violence, free from 
weapons, acts of violence, injustice and environmental degradation; 
CHAPTER 2 
RIGHTS OF CHILDREN IN ARMED CONFLICT 
SEC. 6. Children as Zones of Peace. - Children are hereby declared as Zones of 
Peace. The treatment of children as Zones of Peace shall extend beyond 
territorial or geographical boundaries and focus on the person of the child whose 
5 


rights shall be promoted and protected at all times, especially in situations of 
armed conflict or violence. The State and all sectors concerned shall have the 
responsibility to resolve armed conflict in order to promote the goal of children as 
zones of peace. As such, the community, governmental authority and, if 
appropriate, religious leadership shall preserve the peaceful integrity of children 
and shall exemplify mutual respect and non-violent behavior in the presence of 
children, and share their resources for furthering peace and cooperation. 
SEC. 7. Rights of Children In Situations of Armed Conflict (CSAC). - Children in 
Situations of Armed Conflict (CSAC) shall have the following rights: 
(a) the right of special respect and protection against any form of abuse, 
neglect, exploitation and violation, especially in the context of armed 
conflict; 
(b) the right of all children involved in, affected by or displaced by armed 
conflict to be treated as victims. They shall be treated in accordance with 
this Act, and other applicable laws, consistent with the State obligation 
under international law, within the framework of restorative justice, social 
rehabilitation and promotion of their protection; 
(c) the right to be considered as object of special respect and to be protected 
from any form of direct or indiscriminate attacks and acts of violence 
especially protection from the grave child rights violations as enumerated 
in Section 8 of this Act; 
(d) the right to be protected from recruitment into the governmental armed 
forces or armed groups and from participation in armed conflict. This shall 
include the right to be protected from torture or any cruel, inhuman or 
degrading practices that compel compliance or punish non-compliance 
with recruitment or partiCipation in armed conflict; 
(e) the right to be immediately provided and have safe access to essential, 
adequate and culturally appropriate food and nutrition; basic shelter and 
housing; culturally appropriate clothing; water, sanitation, and hygiene; 
basic health services including essential drugs, medicines and vaccines, 
health professional evaluation and appropriate intervention; education, 
including religious and moral education; Early Childhood Care and 
Development (ECCD) programs, psychosocial support and social 
services. All services provided for children must be child and gender 
sensitive or responsive; 
(f) the right to enjoy their freedom of thought, conscience, religion or belief, 
opinion and expression; to associate freely and participate equally in 
legitimate community affairs; to communicate in a language they 
understand even in situation of armed conflict and whether or not they 
have been internally displaced or are living in evacuation centers or 
settlements; 
(g) the right of the wounded and sick children to be cared for and provided 
with aid or assistance or medical services, whether because of their age 
or for any other reason; 
(h) the right of all children to be treated humanely in all circumstances, 
without any adverse distinction founded on race, color, religion or faith, 
gender, birth or wealth, or any other similar criteria; 
6 


(i) the right not to be interned in or confined in camp, especially IDC and their 
families; 
(j) the right of IDC, unaccompanied minors, expectant mother, children with 
disabilities, the wounded and the sick children to protection and 
assistance required by their condition, and to treatment which takes into 
account their special needs, such as but not limited to their health needs, 
reproductive health care as well as appropriate counseling, prevention of 
contagious and infectious diseases, including HIV/AIDS, and access to 
psychosocial services; 
(k) the right of children to be with their families, especially with their mothers, 
during evacuations and in evacuation centers; 
(I) the right to liberty of movement and freedom to choose their residence 
especially the IDC and their families who shall have the right to move 
freely in and out of the evacuation centers or other settlements, subject to 
existing rules and regulations in those centers or settlements; 
(m)the right especially of IDC and their families to: leave the country; seek 
safety in another part of the country; seek other service providers; seek 
asylum in another country; and be protected against forcible return to 
resettlement in any place where their life, safety, liberty or health would be 
at risk; 
(n) the right of all children to be reunited with their families in case opf 
separation due to armed conflict; 
(0) the right to obtain necessary documenUs to enjoy their legal rights. The 
State shall have the duty to expedite services in the issuance of new 
documents or the replacement of documents lost in the course of 
displacement, without imposing unreasonable conditions, and without 
discrimination against female child and male child, who shall have equal 
rights to obtain and to be issues the same in their own names; 
(p) the right of access to justice including free legal aid when filing cases 
against the perpetrators; 
(q) the right for the property and possessions of children and their families to 
be protected in all circumstances. 
The rights enumerated in this Section shall not hinder the application of other 
rights recognized and guaranteed in the Constitution and other existing laws in 
keeping with the best interests of the child. 
CHAPTER 3 
UNLAWFUL AND PROHIBITED ACTS 
SEC. 8. Unlawful or Prohibited Acts. -
(a.) It shall be unlawful for any person, to commit the following acts of grave 
Child Rights Violations: 
1. 
Killing of children; 
7 


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, inhuman and 
degrading treatment or punishment shall include those enumerated 
in Section 5 of Republic Act 9745 or the Anti-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 lor assistance to 
children; 
11. 
Use of involvement of CIAC in any capacity as defined in Section 
5(h) 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. 
(b.) Likewise, it shall be unlawful for any person to commit the following acts: 
1. 
Hamleting 
2. 
Food Blockade 
3. 
Intentional Delayed Reporting of a child in custody 
4. 
False reporting of a child in custody 
5. 
False Branding of children or labeling children as children involved 
in armed conflict 
(c.) It shall also be unlawful for parents, ascendants, guardians, step parents 
or collateral relatives within the third degree of consanguinity or affinity or 
any person having control or moral ascendancy to the child to allow, 
willfully encourage, compel, coerce, or influence their child or children to 
be part of an armed group or governmental armed force. 
CHAPTER 4 
PENALTIES AND PRESCRIPTION OF CRIME 
SEC. 9. Penalties. - The following penalties and sanctions are hereby imposed 
for the offenses enumerated in this Act: 
(a) Any person found guilty of committing any of the acts enumerated in 
subparagraphs 1, 2, 3, and 4 of paragraph (a) Section 8 of this Act shall 
suffer the penalty of life imprisonment and a fine of not less than Two 
Million Pesos (P2,OOO,OOO.00) but not more than Five Million Pesos 
(P5,OOO,OOO.00); 
(b) Any person found guilty of committing any of the acts enumerated in 
subparagraphs 5, 6, 7, 8, 9, 10, 11, and 12 of paragraph (a) Section 8 of 
this Act shall be punished with an imprisonment of not less than fourteen 
(14) years but not more than twenty (20) years and a fine of not less than 
One Million Pesos (P1,OOO,OOO.OO) but not more than Two Million Pesos 
(P2,OOO,OOO.OO); Provided where the crimes committed resulted in the 
killing, torture, maiming, or rape of children in subparagraphs 1, 2, 3, and 
8 


4 of paragraph (a) Section 8, the penalty imposed shall be that of Section 
9(a) of this Act; 
(c) Any person found guilty of committing any of the acts enumerated in 
subparagraphs 1, 2, 3, 4, and 5 paragraph (b) Section 8 of this Act shall 
be punished with an imprisonment of not less than six (6) years but not 
more than twelve (12) years and a fine of not less than Five Hundred 
Thousand Pesos (P500,000.00) but not more than One Million Pesos 
(P1,000,000.00); 
(d) Parents, ascendants, guardians, step parents or collateral relatives within 
the third degree of consanguinity or affinity or any person having control or 
moral ascendancy to the child to allow, willfully encourage, compel, 
coerce, or influence their child or children to be part of an armed group 
shall be punished with not less than six (6) years but not more than twelve 
(12) years. Provided, However That, parents, ascendants, guardians, step 
parents or collateral relatives within the third degree of consanguinity or 
affinity or any person having control or moral ascendancy to the child 
found guilty hereof may be allowed to serve the minimum period of 
imprisonment based on the sound discretion of the courts guided by the 
prinCiples of parens patriae. 
SEC. 10. Non-implementation or Violation of any other Provisions of this Act or 
the Rules and Regulations in General. - Any public officer, who shall knowingly 
and maliciously prevent, prohibit, refuse or discontinue the implementation of any 
provisions of this Act or any rules and regulations promulgated in accordance 
thereof, or in any other way violate them, if such officer has the duty to implement 
shall be punished by imprisonment of not less than six (6) years but not more 
than twelve (12) years and perpetual absolute disqualification. 
Any such officer who shall prevent, prohibit, refuse or discontinue the 
implementation of this Act or its rules and regulations, or in any other way violate 
them by reason of inexcusable negligence or ignorance, shall be punished with 
an imprisonment of not less than one (1) month but not more than six (6) months 
and temporary special disqualification. 
The public officer liable under this Section shall, in addition to the imprisonment, 
be held administratively liable under existing applicable laws. 
Any person who shall commit any other act not covered in Section 8, which shall 
result in prejudicing the rights of CIAC, CAAC or IDC protected under this Act 
shall be punished with an imprisonment of not less than six (6) months but note 
more than six (6) years. 
SEC. 11. Forfeiture of Proceeds, Property and Assets. - The court shall order the 
forfeiture of proceeds, property and assets derived, directly or indirectly, from the 
crimes defined and penalized in this Act, without prejudice to the rights of the 
bona fide third party. The court shall impose the corresponding accessory 
penalties under the Revised Penal Code, especially where the offender is a 
public officer. 
The liabilities imposed in this Act shall not prejudice the application of other 
existing criminal, civil and administrative liabilities that may additionally be 
imposed upon the person. 
9 


SEC. 12. Non-prescription. - The crimes defined and penalized under this Act, 
their prosecution, and the execution of sentences imposed on their account, shall 
not be subjected to any prescription. 
CHAPTER 5 
PRINCIPLES OF CRIMINAL LIABILITY AND APPLICATION OF PENALTIES 
SEC. 13. Individual Criminal Responsibilities. - Any person committing such as 
crime shall be criminally liable for a crime defined and penalized in this Act, 
whether as an individual, jointly with another or through another person, 
regardless of whether that other person is criminally responsible. 
SEC. 14. Irrelevance of Official Capacity. - This Act shall apply equally to all 
persons without any distinction based on official capacity. In no case shall the 
official capacity exempt a person from criminal responsibility or constitute a 
ground for reduction of sentence. 
SEC. 15. Responsibility of Superiors. - In addition to other grounds of criminal 
responsibility for crimes defined and penalized under this Act, a superior shall be 
criminally responsible for such crimes committed by subordinates where: 
(a) That superior either knew or, owing to the circumstances at the time, 
should have known that the subordinates were committing or about to 
commit such crimes; 
(b) That superior failed to take all necessary and reasonable measures 
within his/her power to prevent or repress their commission or to submit 
the matter to the competent authorities for investigation and prosecution. 
SEC. 16. Orders from a Superior. - The fact that a crime defined and penalized 
under this Act has been committed by a person pursuant to an order of a 
superior, shall not relieve that person of criminal responsibility unless all of the 
following elements occur: 
(a) 
The person was under a legal obligation to obey orders of the superior in 
question; 
(b) 
The person did not know that the order was unlawful; and, 
(c) 
The order was not manifestly unlawful. 
For the purposes of this section, orders to commit grave child rights violations 
enumerated in Section 8 are manifestly unlawful and shall be punished by this 
Act and other applicable existing laws. 
SEC. 17. Unknown Superior. - Where the crimes defined and penalized under 
this Act have been committed by a person pursuant to an order or command of 
unknown superior, any person who in fact directed the others, spoke for them, 
signed receipts and other documents issued in their name, or who has performed 
similar acts, on behalf of the armed groups shall be deemed the superior. 
to 


CHAPTER 6 
INVESTIGATION, PROSECUTION AND COURT 
SEC. 18. Court, Prosecutors and Investigators. - The Family Courts shall have 
original and exclusive jurisdiction over the crimes punishable under this Act. 
The Commission on Human Rights (CHR), the Department of Justice (DOJ) and 
its attached agencies, the Philippine National Police (PNP) or other concerned 
law enforcement agencies shall designate prosecutors or investigators, as the 
case may be, for cases involving crimes punishable under this Act. 
The State shall ensure that judges, prosecutors and investigators, especially 
those designated for purposes of this Act, receive effective training in human 
rights particularly on Convention on the Rights of the Child and its Optional 
Protocol on involvement of CIAC and related international instruments, 
International Humanitarian Law and International Criminal Law. 
SEC. 19. Requirement and Procedures on Age Verification and Presumption of 
Minority. - The child involved in, affected or displaced by armed conflict shall 
enjoy the presumption of minority and shall enjoy all the rights of a child 
recognized in this Act and other applicable laws unless proven to be eighteen 
(18) years or older. 
The age of a child may be determined from the child's birth certificate, baptismal 
certificate or any other pertinent documents. In the absence of these documents, 
age may be based on information from the child, testimonies of other persons, 
the physical appearance of the child and other relevant evidence. In case of 
doubt as to the age of the child. it shall be resolved in favor of minority. 
Any person contesting the age of the child prior to the filing of the information in 
any appropriate court may file a case in a summary proceeding for the 
determination of age before the Family Court, which shall decide the case within 
twenty four (24) hours from receipt of the appropriate pleadings of all interested 
parties. 
If a case has been filed against the child and is pending in the appropriate court, 
the person shall file a motion to determine the age of the child in the same court 
where the case is pending. Pending hearing on the said motion, proceedings on 
the main case shall be suspended. 
In all proceedings, law enforcement officers, prosecutors, judges and other 
government officials concerned shall exert all efforts at determining the age of 
the child in armed conflict. 
SEC. 20. Protection of Victims and Witnesses. - In addition to existing proviSions 
in Philippine law for the protection of victims and witnesses, the following 
measures shall be undertaken: 
(a) 
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 the nature of 
the crime, in particular, but not limited to, where the crime involves 
sexual or gender based violence or violence against children; 
11 


(b) 
The court shall protect the privacy of child victims and witnesses and 
observe confidentiality consistent with existing rules on examination of 
child victims and witnesses; 
(c) 
Where the personal interests of the child victims are affected, the court 
shall consider the child victim's views and concerns in accordance with 
established rules of procedure and evidence; 
(d) 
Where the disclosure of evidence or information may be prejudicial to 
the security of the child witness or the family, the prosecution may 
withhold such evidence or information and instead submit a summary 
thereof consistent with the rights of the accused to a fair and impartial 
trial. 
SEC. 21. Reparation to Victims. - In addition to existing provisions in Philippine 
law and procedural rules for reparations to victims, the following measures shall 
be undertaken: 
(a) 
The Court shall follow the principles relating to the reparations to, or in 
respect of, child victims, including restitution, compensation and 
rehabilitation taking into consideration the scope and extent of any 
damage, loss or injury suffered by child victims; 
(b) 
The Court shall make an order directly against a convicted person 
specifying appropriate reparations to child victims, including restitution, 
compensation and rehabilitation; and, 
(c) 
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 other interested persons. 
Nothing in this section shall be interpreted to prejudice the rights of child victims 
under national or international law. 
SEC. 22. Immunity from Suit for Persons Providing Assistance. - Any person 
who shall take custody of children involved in armed conflict to ensure their 
safety or provide them any form of assistance shall be exempt from any civil, 
criminal and administrative liability; Provided, That the person shall report it to 
the Local Social Welfare and Development Office (LSWDO), Philippine National 
Police (PNP) or to the Barangay office within forty eight (48) hours. 
CHAPTER 7 
PREVENTION, REHABILITATION AND REINTEGRATION, RESCUE, 
RELEASE 
SEC. 23. Prevention. - The State shall take all feasible measures to prevent the 
recruitment, re-recruitment, use or displacement of CIAC. 
It shall take all 
necessary measures to ensure the effective implementation and enforcement of 
the provisions of this Act. Towards this end, the State shall: 
(a) prioritize children's issues in the peace program of the Government and 
include children's concerns, specifically the effects of armed conflicts, in 
peace negotiations; 
12 


(b) include peace, 
human rights, 
and protective behavior skills as 
fundamental subjects in the education system; 
(c) provide educational assistance, whether formal or alternative learning 
system, that is child and culturally sensitive; 
(d) develop and implement training programs and campaign towards 
promoting a culture of peace and respect for human rights in collaboration 
with civil society organizations; 
(e) provide capacity building for Local Governance and Community 
Development, and ensure the participation of various organizations, 
especially of children's and people's organization at the community level. 
These organizations shall be involved in consultation and decision-making 
processes and in the development and implementation of programs, 
projects and activities established for them; 
(f) establish livelihood programs which shall be made available to 
communities in identified priority areas in order to alleviate the living 
conditions of the people; 
(g) make available basic health services in health facilities in identified priority 
areas. Culturally sensitive nutrition program and activities including but 
not limited to supplementary feeding shall also be made available. Efforts 
to support traditions health practices in indigenous peoples area shall also 
be initiated; 
(h) establish basic facilities and infrastructure needed; 
(i) ensure that child protection mechanisms are present and functional; and, 
0) establish a comprehensive, effective and efficient system for monitoring, 
reporting and response for violations as provided in Section 8 of this Act. 
SEC. 24. Rescue, Rehabilitation and Reintegration. - The State shall institute 
pOlicies, programs and services for rescue, rehabilitation and reintegration of 
children involved in, affected by or displaced by armed conflict. The programs 
shall aim at providing services for children while involving their families, 
communities and other entities to facilitate the children's reintegration process. 
These services shall include but not be limited to psychosocial support, health 
and nutrition, education, livelihood for families and other basic services, and legal 
services as may be necessary. 
Any program interventions shall be designed with due respect to the culture of 
each child, family and community. The child shall, at all times, be provided with 
legal assistance and physical security upon rescue. 
The State shall take into account the following in the rescue, rehabilitation and 
reintegration of children: 
(a) Rescue: 
The State shall provide for adequate measures and 
mechanisms to facilitate the recovery, either 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 
13 


including services such as family tracing and system of referral or 
response on various psychosocial services needed by the victims; 
(b) 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 victims when they become of age; 
(c) Reintegration: The State shall bring children back to their families or 
communities whenever possible. 
This shall involve services including 
provision of alternative parental care. 
Trainings aimed to enhance 
community readiness in the reintegration of these children shall be done 
with respect to their opinion. Interventions for indigenous peoples (lP) 
children shall be conducted in recognition of the traditional structures and 
institutions of their communities. 
SEC. 25. Release of Children Involved in Armed Conflict (CIA C). - The State 
shall take all feasible measures to ensure that children recruited or used in 
hostilities contrary to this Act are released from service. 
For the purposes of this Act, the release of children and other activities relative to 
such, shall be initiated independent of any negotiated peace agreements. 
The State, through its concerned agencies, in coordination with other 
stakeholders shall have the following duties: 
(a) Develop a child-specific release and reintegration program. 
This 
program should not make as a requirement the surrender of arms by 
CIAC who have assumed non-combatant roles; 
(b) Monitor and document the status of CIAC who undergo either formal or 
informal demobilization process; 
(c) 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; 
(d) Mobilize and strengthen networks for referrals; 
(e) 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; 
(f) 
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 involved in 
formal peace negotiation with the government shall, however, be dealt 
with 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. 
14 


SEC. 26. Rescued or Surrendered Children Involved in Armed Conflict (CIA C). -
Where the CIAC have been rescued or surrendered, they shall at all times be 
treated in a child-friendly and sensitive manner. The State at all times shall 
consider the safety and security of the CIAC. The following procedures shall 
apply without prejudice to the application of other existing laws that will uphold 
the best interests of the child: 
(a) The identity of rescued CIAC shall be protected. 
Any identifying 
information regarding them shall remain confidential; 
(b) 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; 
(c) 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 
Government Units (LGUs), other 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 (LSWDO) and Council for the 
Welfare of Children (CWC); 
(d) The Local Social Welfare and Development Office (LSWDO) shall 
coordinate with the agency and/or NGO in possession of CIAC for the 
turnover of custody of CIAC to DSWD; 
(e) The turnover to LSWDO shall take place within 24 hours or in cases 
where turnover is not possible within the prescribed 24-hour period due to 
valid reasons and without the fault of the person having the custody of 
the child, the turnover shall be done within the next seventy two (72) 
hours; 
(f) The LSWDO shall facilitate the family tracing and coordinate with 
parents, relatives or guardian of the CIAC to inform them of the turnover; 
(g) 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 LHO shall ensure that medical 
services or treatment are received by the CIAC; 
(h) The LSWDO shall assess the needs of the CIAC and refer to concerned 
agencies to provide immediate assistance or appropriate services; 
(i) The LSWDO, in coordination with other agencies, shall enter the CIAC 
into the child-specific demobilization programs; 
0) 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. 
15 


CHAPTERS 
INVOLVEMENT OF GOVERNMENT AND NON-GOVERNMENT 
ORGANIZATIONS 
SEC. 27. Involvement of Govemment Organizations (GOs) and Non-Govemment 
Organizations (NGOs). - To effectively address the issue of CSAC, the Council 
for the Welfare of Children together with its member agencies shall be assisted 
by the following government organizations (GOs) for the proper implementation 
of this Act: 
(a) Armed Forces of the Philippines (AFP) 
(b) Commission on Human Rights (CHR) 
(c) Department of National Defense (DND) 
(d) Local Government Units (LGUs) 
(e) National Commission on Indigenous Peoples (NCIP) 
(f) National Commission on Muslim Filipinos (NCMF) 
(g) National Disaster Risk and Reduction Management Council (NDRRMC) 
(h) Office of the Presidential Adviser on the Peace Process (OPAPP) 
(i) Philippine Commission on Women 
0) Philippine National Police (PNP) 
Child-focused non-government organizations (NGOs) in caring for CSAC shall 
take active part in and strengthen their programs on protecting these children. 
For proper implementation of this Act, all GOs and NGOs including but not 
limited to those identified herein, shall provide their respective counterpart 
support including but not limited to technical, logistical and financial assistance 
relative to the implementation of programs, projects and activities for CSAC, in 
accordance with their mandate and in accordance with existing accounting and 
auditing rules and regulations. 
All programs should be participatory and should ensure the involvement of 
children, their communities, NGOs, faith-based organizations or groups, and 
other concerned groups. 
CHAPTER 9 
MONITORING AND REPORTING 
SEC. 28. Monitoring and Reporting System. - The State, through the CWC in 
coordination with other concerned government organizations shall ensure the 
implementation of the provisions of this Act and shall submit to the President and 
to Congress of the Philippines, the annual report thereof. CWC shall establish 
and maintain a database for the monitoring and reporting of CSAC concerns 
integrated in its monitoring system. 
The CWC may hire additional personnel to complement its present Secretariat to 
perform its functions relative to this Act. 
CHAPTER 10 
TRANSITORY PROVISIONS 
SEC. 29. Children Involved in Armed Conflict. - Upon the effectivity of this Act, 
criminal cases against children involved in armed conflict shall immediately be 
16 


dismissed and the child shall be referred to the LSWDO. 
Such office, upon 
thorough assessment of the child, shall determine whether to release the child to 
the custody of the parents, or refer the child to prevention, rehabilitation, 
reintegration programs as provided under this Act. 
Those with suspended 
sentences and undergoing rehabilitation at the youth rehabilitation center shall 
likewise be released; Provided, That the Family Court shall, in consultation with 
concerned 
agencies 
determine and 
order the 
appropriate 
prevention, 
rehabilitation, reintegration programs the person shall undergo as provided in this 
Act. 
SEC. 30. Inventory of Custody of CSAC. - The AFP, the PNP, the BJMP, the 
DSWD, the NCIP, NCMF, and the concerned LGUs are hereby directed to 
submit to the CWC, within ninety (90) days from the effectivity of this Act, an 
inventory of all CSAC under their custody. 
SEC. 31. Children Who Reach the Age of Eighteen (18) Years Pending Court 
Proceedings or in Suspended Sentences. - If a child reaches the age of eighteen 
(18) years pending court proceedings, the Family Court shall dismiss the case 
against the person and determine in consultation with concerned agencies for the 
need to undergo appropriate rehabilitation and reintegration programs provided 
in this Act. 
Those with suspended sentences and undergoing rehabilitation at the youth 
rehabilitation center shall likewise be released; Provided, That the Family Court 
shall, in consultation with concerned agencies determine and order the 
appropriate rehabilitation and reintegration programs the person shall undergo as 
provided in this Act. 
SEC. 32. Children Who Have Been Convicted and are Serving Sentence. -
Persons who have been convicted and are serving sentence at the time of the 
effectivity of this Act, and who were below the age of eighteen (18) years at the 
time the commission of the offense for which they were convicted and are 
serving sentence, shall likewise benefit from the retroactive application of this 
Act. They shall be entitled to appropriate dispositions provided under this Act 
and their sentences shall be adjusted accordingly. They shall be immediately 
released if they are so qualified under this Act or other applicable law. 
CHAPTER 11 
FINAL PROVISIONS 
SEC. 33. Implementing Rules and Regulations. - The CWC together with its 
member agencies and OPAPP, with the involvement of CSOs, shall promulgate 
the implementing rules and regulations of this Act within ninety (90) days from 
the approval of this Act. All government agencies enumerated in Section 27 of 
this Act shall be consulted in so far as the drafting of their responsibilities are 
concerned. 
NGOs involved in caring for CSAC shall likewise be consulted in the drafting of 
the implementing rules and regulations of this Act. 
17 


SEC. 34. Appropriations. - The amount of Ten Million Pesos (P10,000,000.00) is 
hereby appropriated to the CWC for the initial implementation of this Act. Said 
amount shall be funded from the gross income of the Philippines Amusement 
and Gaming Corporation (PAGCOR) and shall be directly remitted to a special 
account of the CWC. Thereafter, for the continued implementation of this Act, 
such sums shall be included in the annual General Appropriations Act (GAA). 
SEC. 35. Repealing Clause. - Artice X Sections 22 to 26 of Republic Act 7610, 
all laws, acts, presidential decrees, executive orders, administrative orders, rules 
and regulations inconsistent with or contrary to the provisions of this Act are 
deemed amended, modified or repealed accordingly. 
SEC. 36. Separability Clause. - If any part or provision of this Act is declared 
invalid or unconstitutional, the other parts thereof not affected thereby shall 
remain valid. 
SEC. 37. Effectivity Clause. - This Act shall take effect fifteen (15) days upon 
completion of its publication in at least two (2) national newspapers of general 
circulation. 
Approved, 
18