SEVENTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
First Regular Session 
}
p. Ill" t -'ii-lfli
Ifllj*
'17 
may 29 P3 51
S 
E N A T 
- 
S.B. No.
RECClvi U U.
INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT
PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN 
SITUATIONS OF ARMED CONFLICT AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
EXPLANATORY NOTE
Children in Situation of Armed Conflict are those children who are 
m em bers of displaced families as a result of arm ed conflict, physically 
weakened, orphaned or disabled as a result of arm ed conflict, com batants 
and those mobilized for other arm ed conflict-related activities and disrupted 
from schooling due to arm ed conflict. 1
The issue of children in war is a problem that is being addressed 
worldwide. Because of their susceptibility and vulnerability, children are the 
ones who suffer the m ost from the decisions of the adults in combat.
In the Philippines alone, the UNICEF estim ated that 30,000-50,000 
children in the Philippines are displaced every year as a result of armed 
conflict.2 Children are recruited and forced to become soldiers due to the 
fact that they can be easily m anipulated and th at their innocence are being 
abused.
It is the policy of our state under the 1987 Philippine Constitution 
Article II Section 13 that:
“The State recognizes the vital role of the youth in nation­
building and shall promote and protect their physical, moral, 
spiritual, intellectual, and social well-being. It shall inculcate in 
the youth patriotism  and nationalism , and encourage their 
involvement in public and civic affairs.”
1 https://psa.gov.ph/content/cIiildren-situation-armed-confIict-csac
2 https://wwu'.unicef.org/phiIippincs/protcction.htnil#.WRhjh7uGNz8


Under Article XV Section 3 of the 1987 Philippine Constitution: 
“The State shall defend:
(2) 
The right of children to assistance, including proper care 
and nutrition, and special protection from all forms of neglect, 
abuse, cruelty, exploitation, and other conditions prejudicial to 
their development;”
Children in war are robbed of their innocence. The traum a of 
losing their family m em bers, constant displacem ent and the disruption 
of their education during their formative years creates a life-long effect 
of distrust and insecurity.
Hence, our children being the hope of our present and future 
nation and the foundation of a vibrant and dynamic society, their 
protection and fostering shall be upheld. Thus, the passage of thjs bill 
is earnestly sought.
rICENTE C./SOTTO III


SEVENTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
F ir s t R e g u l a r  S e s s io n  
}
c( i‘ir fy f I fiar*
’17 
HAY 29 P3 -51
S E N A T E  
S.B. No. 
1 4 7 4
RECLiu.u U‘.
INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT
PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN 
SITUATIONS OF ARMED CONFLICT AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled:
CHAPTER 1 
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as Special Protection 
of Children in Situations of Armed Conflict Act
SEC. 2. Declaration of State Policy. - It shall be the policy of the State 
to provide special protection to children in situations of arm ed conflict from 
all forms of abuse, violence, neglect, cruelty, discrim ination and other 
conditions 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 arm ed conflict and all other core hum an rights treaties, 
particularly, the International Covenant on Civil and Political Rights and 
the Convention Against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment; other pertinent international instrum ents 
such as the International Labor Organization 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


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the additional protocols ratified by the Philippines; and the Convention 
on the Prohibition of the Use, Stockpiling, Production and Transfer of 
Anti-Personnel Mines and on their Destruction;
(b) take into account the United Nations Guiding Principles on Internal 
Displacement, the United Nations Security Council Resolutions related 
to 
children 
affected 
by 
arm ed 
conflict, 
and 
other 
pertinent 
international 
instrum ents 
in 
the 
im plem entation 
of its 
treaty 
obligations and of this Act;
(c) take into full account the Principles and Guidelines on Children 
Associated with Armed Forces or Armed Groups, otherwise known as 
the Paris Principles, especially insofar as these principles prescribe 
m eans to understand w hat drives children to join arm ed groups, how 
they may be rescued, and how both the children and the com m unities 
to which they belong may be rehabilitated or reoriented so as to 
prevent children from joining or re-joining arm ed forces or arm ed 
groups in the future;
(d) respect the hum an rights of children at all times. It shall be 
recognized th at children are entitled to dignity and respect as hum an 
beings 
in 
need 
of 
protection 
from 
degradation, 
hum iliation, 
m altreatm ent, exploitation and assault;
(e) consider as param ount the best interests of children, and treat all 
children involved in, affected by or displaced by arm ed conflict as 
victims;
(f) give special care to female children affected in arm ed conflict;
(g) take all feasible m easures to prevent the recruitm ent and use of 
children in arm ed conflict and shall take all necessary m easures to 
ensure the effective im plem entation and enforcem ent of the provisions 
of this Act;
(h) take all the necessary m easures to address the root causes of arm ed 
conflict that result in involving, affecting or displacing children, which 
include poverty, lack or absence of quality basic psychosocial services, 
belief in the ideologies of an arm ed group, secessionist advocacy, 
affiliation of family m em bers in arm ed groups, pursuit of alternative


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justice 
for atrocities, 
abuses 
and 
injustices 
experienced, 
and 
persistence of arm ed conflicts;
(i) continue to recognize its prim ary role in providing effective protection 
and relief to all children in situations of arm ed conflict;
(j) continue to fulfill its responsibilities to end im punity and to prosecute 
those responsible especially for grave child rights violations in arm ed 
conflict; and
(k) ensure the right to participation of children affected by arm ed conflict 
in all its policies, actions, decisions concerning their rescue, 
rehabilitation and reintegration.
SEC. 3. Scope of Application. - This Act shall apply to all children 
involved in, affected by or displaced by arm ed conflict.
The application of this Act shall not affect the legal status of any party 
to an arm ed conflict.
SEC. 4. Interpretation of this Act. - Nothing in this Act shall be 
construed as precluding provisions in existing Philippine laws, international 
hum an rights laws and related instrum ents, and international hum anitarian 
laws 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 perm anent by force, threat of force or coercion, or 
deception for the purpose of any form of exploitation of such children 
in the situation of arm ed conflict;
fj) Acts of gender-based violence refer to physical or sexual violence othei 
than rape, and psychosocial harm  th at is committed against a person 
as a result of power inequities that are based on gender roles. These 
include, among others, false branding or labeling of children involved 
in arm ed conflict, false reporting of a child in custody, delayed 
reporting, 
sexual 
slavery, 
prostitution, 
forced 
marriage, 
forced 
pregnancy or forced sterilization;
(c) Armed conflict refers to arm ed confrontations occurring between 
governmental arm ed forces and one or more arm ed groups, or


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between such groups arising in the Philippine territory. These shall 
include activities which may lead to or in preparation of arm ed 
confrontation or arm ed violence that put children’s lives at risk and 
their rights violated;
(d) Armed group refers to an arm ed non-state actor or non-state entity 
engaged in arm ed violence against the state a n d /o r its governmental 
arm ed forces or against other non-state arm ed groups, actors or non­
state entities;
(e) Attacks on schools, hospitals, places of worship, evacuation centers and 
public places where children are usually found refer 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 comm unity as a result of arm ed conflict, unless 
these places have been declared as a “no m an’s land”;
(f) Child refers to;
(1) a person below eighteen (18) years of age; or,
(2) a person (18) years of age or older but who is unable to fully take care 
of one’s self; or protect ones’s self from abuse, neglect, cruelty, 
exploitation or discrim ination; and unable to act with discernm ent 
because of physical or m ental disability or condition;
(g) Child protection refers to m easures, 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;
(h) Children affected by arm ed conflict refers to all children population 
experiencing or who have experienced arm ed conflict;
(i) Children involved in arm ed conflict refers to children who are either 
forcibly, 
compulsorily recruited or who voluntarily joined 
any 
governmental arm ed forces or any arm ed group in any capacity to 
participate directly in arm ed hostilities as com batants or as fighters.


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or take support roles such as scouting, spying, sabotaging, acting as 
decoys, assisting in checkpoints, acting as couriers, m essengers, 
porters, cooks, and being sexually abused;
(j) Children in situations of arm ed conflict refers to all children involved in 
arm ed conflict, children affected by arm ed conflict and internally 
displaced children;
(k) Food blockade refers to an arm ed conflict tactic of forcibly cutting off 
entry of food supplies in a particular area where children can be 
found;
(l) Government armed forces refers to the Armed Forces of the Philippines 
(AFP) including the param ilitary forces, the Philippine National Police 
(PNP) and other law enforcem ent agencies;
(m) Grave child rights violations refer to the crim es committed against 
children that constitute flagrant violations of their hum an rights and 
have severe consequences on their lives. These crimes include those 
enum erated in Section 9 of this Act such as killing or maiming of 
children, recruitm ent or use of CIAC, rape and other forms of sexual 
violence against children, abduction of children, attacks against 
schools or hospitals, or denial of hum anitarian access to children;
(n) Hamleting refers to an arm ed conflict strategy used one party involved 
in arm ed conflict th at isolates a comm unity of im portance to the other 
party which 
is 
inhabited 
by children, 
including relocating a 
comm unity away from crucial zones and could be used to control the 
activities of the people in said areas;
(o) Hospitals or health facilities refer to any structure recognized and 
known by the comm unity as a facility where the sick and wounded are 
provided with medical or health care services;
(p) Humanitarian access refers to the right of vulnerable populations to 
receive international protection and assistance from an im partial 
hum anitarian 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 m easures in the 
event of refusal, however unw arranted;


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(q) Huma7iitarian assistance refers to any aid that seeks to save lives and 
alleviate suffering of a crisis-affected population. 
H um anitarian 
assistance 
m ust 
be 
provided 
in 
accordance 
with 
the 
basic 
hum anitarian principles of hum anity, impartiality, independence and 
neutrality. Assistance may be divided into three (3) categories: direct 
assistance, indirect assistance and infrastructure support, which have 
diminishing degrees of contact with the affected population;
(r) Internally displaced children refer to children or group of children, 
w hether separated or together with their families, who have been 
forced or obliged to flee or to leave their hom es or places of habitual 
residence, in particular, as a result of or in order to avoid the effect of 
arm ed conflict and situations of generalized violence;
(s) 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. These 
includes the death of children as a result of direct targeting and 
indirect actions, such as cross-fire, use of landm ines, cluster 
m unitions, biological weapons of destruction, all forms and types of 
explosives; or house demolitions, search and arrest cam paigns, 
suicide attacks and torture; they also include m urder, homicide and 
sueh other similar crimes as defined in the Revised Penal Code, as 
amended, and other special laws;
(t) Maiming of children refers to acts of all kinds in the context of arm ed 
conflict that result in serious or perm anent or disabling injury, 
scarring or defacing, or m utilation to one or more children. It shall 
cover intentional maiming of children where they are directly targeted, 
and causal maiming of children which result from indirect actions, 
such as cross-fire, use of landm ines, clusters m unitions, biological 
weapons of destruction, all forms and types of explosives; or in the 
context of house demolitions, search and arrest cam paigns, suicide 
attacks and torture;
(u) Rape refers to the crime of rape as defined under Article 266-A of the 
Revised Penal Code, as am ended by Republic Act No. 8353 or the Anti- 
Rape Law;


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(v) Recruitment refers to compulsory, forced or voluntary conscription or 
enlistm ent of children into the governmental arm ed force or forced or 
voluntary m em bership into the arm ed group;
(w) Release of children refers to the process of formal and controlled 
disarm am ent and demobilization of children and their release from an 
arm ed force or arm ed group as well as informal ways in which 
children leave by escaping, being captured or by other m eans. It 
entails a disassociation from the arm ed force or arm ed group and the 
beginning of transition from military to civilian life. Release can take 
place during a situation of arm ed conflict; it is not dependent on 
children having weapons to forfeit;
(x) School refers to any structure, with or without m arked visible 
boundaries, which is recognized and known by the com m unity as a 
learning space; and,
(y) Zone of peace refers to a site with sacred, religious, historic, 
educational, cultural, geographical or environm ental importance 
which is protected and preserved by its own com m unity and officially 
recognized 
by a governmental 
authority. 
It 
is 
not merely a 
“Demilitarized Zone”, but a sanctuary th at operates within ethical 
principles of nonviolence, free from weapons, acts of violence, injustice 
and environm ental degradation.
CHAPTER II
RIGHTS OF CHILDREN IN ARMED CONFLICT 
SEC. 6. Children as Zones of Peace. - Children are hereby declared as
zones of peace. As such, they shall be treated in accordance with the
policies stipulated under Article X, Section 22 of Republic Act No. 7610 or
the Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act. Treatm ent of children as zones of peace shall extend
beyond territorial or geographical boundaries and shall focus on the person
of the child whose rights shall be promoted and protected at all times,
especially in situations of arm ed conflict or violence. The State and all
sectors concerned shall have the responsibility to resolve arm ed conflict in
order to promote the goal of children as zones of peace. As such, the
community, governmental authority and, if appropriate, religious leadership


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shall preserve the peaceful integrity of children, exemplify m utual respect 
and nonviolent behavior in the presence of children, and share their 
resources to further peace and cooperation.
SEC. 7. Rights of Children in Situations of Armed Conflict. - Children in 
situations of arm ed conflict shall have the following rights:
(a) the right to life, survival, and development;
(b) the right of special respect and protection against any form of abuse, 
neglect, exploitation and violation, especially in the context of arm ed 
conflict;
(c) the right to be heard in all m atters affecting them;
(d) the right 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;
(e) the right to be considered as object of special respect and to be 
protected from any form of direct or indiscrim inate attacks and acts of 
violence especially protection from the grave child rights violations as 
enum erated in Section 9 of this Act;
(f) the right to be protected from recruitm ent into governmental arm ed 
forces or arm ed groups and from participation in arm ed conflict 
including the right to be protected from torture or any cruel, inhum an 
or 
degrading 
practices 
that 
compel 
compliance 
or 
punish 
noncompliance with recruitm ent or participation in arm ed conflict;
(g) 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 program s, psychosocial and moral 
education; 
early 
childhood 
care 
and 
development 
program s, 
psychosocial support and social services. All services provided for 
them m ust be child and gender sensitive or responsive;


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(h) the right to enjoy their freedom of thought, conscience, religion or 
belief, opinion and expressions; to associate freely and participate 
equally in legitimate comm unity affairs; to com m unicate in a language 
they understand even in situations of arm ed conflict and w hether or 
not they have been internally displaced or are living in evacuation 
centers or settlem ents;
(i) the right to be treated hum anely in all circum stances, without any 
adverse distinction founded on race, color, religion or faith, gender, 
birth or wealth, or any other similar criteria;
(j) the right not to be interned in or confined in camp;
(k) the right of the wounded and the sick, those with disabilities, 
unaccom panied 
m inors 
including 
expectant 
m others, 
to 
care, 
protection and assistance required by their condition, and to 
treatm ent which takes into account their special needs such as their 
health needs, reproductive health care as well as appropriate 
counseling, 
prevention 
of contagious 
and 
infectious 
diseases, 
including 
Hum an 
Immunodeficiency 
Virus 
/ 
Acquired 
Immunodeficiency Syndrome (HIV/AIDS) and access to psychosocial 
services;
(l) the right to be with their families, especially with their m others, 
during evacuations and in evacuation centers;
(m) the right to liberty of movement and freedom to choose their 
residence especially in the case of internally displaced children and 
their families who shall have the right to move freely in and out of 
evacuation centers or other settlem ents, subject to existing rules and 
regulations in those centers or settlem ents;
(n) the right especially of internally displaced children 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 resettlem ent in any place where 
their life, safety, liberty or health would be at risk;
(o) the right to be immediately reunited with their families in case of 
separation due to arm ed conflict;


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(p) the right to obtain necessary docum ent/s to enjoy their legal rights. 
The State shall have the duty to expedite services in the issuance of 
new docum ents or the replacem ent of docum ents lost in the course of 
displacem ent, w ithout imposing unreasonable conditions and without 
discrim ination against female child and male child, who shall have 
equal rights to obtain and to be issued the sam e in their own nam es;
(q) the right of access to justice including free legal aid when filing cases 
against the perpetrators; and,
(r) the right for protection of their family’s properties and possessions in 
all circum stances.
(s) The rights enum erated 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 III 
PREVENTION
SEC. 8. Prevention. - The State shall take all feasible m easures to 
prevent the recruitm ent, re-recruitm ent, use or displacem ent of children 
involved in arm ed conflict. It shall take all necessary m easures to ensure the 
effective implementation and enforcem ent 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 arm ed 
conflicts, in peace negotiations;
(b) include peace, hum an rights and protective behavior skills as 
fundam ental subject in the education system;
(c) provide educational assistance, w hether formal or alternative learning 
system, that is child and culturally sensitive;
(d) develop and implement training program s and campaign towards 
promoting a culture of peace of peace and respect for hum an rights in 
collaboration with civil society organizations;
(e) provide capacity building for Local Governance and Communit)^ 
Development, and ensure the participation of various organizations, 
especially of children’s and people’s organizations at the comm unity 
level. These organizations shall be involved in consultation and
IP


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decision-making 
processes 
and 
in 
the 
development 
and 
im plem entation of program s, projects and activities established for 
them;
(f) establish livelihood program s which shall be made available to 
com m unities 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 supplem entary feeding shall also be m ade available. Efforts 
to support traditional health practices in indigenous peoples’ area 
shall also be initiated;
(h) establish basic facilities and infrastructure needed;
(i) develop and implement such other program s th at will strengthen the 
parents’ ability to protect and care for their children, as well as their 
relationship with their children;
(j) take proactive m easures that will ensure the full involvement and 
inclusion 
of female 
children 
in 
all 
aspects of prevention 
of 
recruitm ent, release and reintegration, and services should always 
respond to their specific needs for protection and assistance;
(k) ensure that child protection m echanism s are present and functional; 
and,
(l) establish 
a 
comprehensive, 
effective 
and 
efficient 
system  
for 
monitoring and reporting and response for violations as provided in 
Section 9 of this Act.
CHAPTER rV
PROHIBITED ACTS, PENALTIES 
AND PRESCRIPTION OF CRIME
SEC. 9. Prohibited Acts and Penalties. -
(a) It shall be unlawful for any person to commit the following acts of grave
child rights violations:
(1) killing of children;
(2) Torture committed against children. For purposes of this Act, torture 
shall include those enum erated in Section 4 of Republic Act No. 9745 
or the Anti-Torture Act;
11


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(3) maiming of children; and,
(4) rape of children
Any person found guilty of committing any of the acts enum erated in 
Paragraph (a) of this Section shall suffer the penalty of life im prisonm ent 
and a fine of not less than two million pesos (P2,000,000.00) but not more 
than five million pesos (P5,000,000.00).
(b) The following acts of grave child rights violations are also hereby 
prohibited:
(1) cruel, inhum an and degrading treatm ent or punishm ent committed 
against children. For purposes of this Act, cruel, inhum an and 
degrading 
treatm ent 
or 
punishm ent 
shall 
include 
those 
acts 
enum erated in Section 5 of the Anti-Torture Act;
(2) abduction of children;
(3) taking children as hostages or using them  as hum an shield;
(4) recruitm ent, conscription or enlistm ent of children into governmental 
arm ed forces and other arm ed groups;
(5) acts of gender-based violence against children;
(6) use of female children as “wives” or other forced sexual relations, 
actual forced marriage, and the use of female children for domestic 
labor or logistical support in arm ed conflict;
(7) refusal or denial of hum anitarian access a n d /o r assistance to 
children;
(8) use or involvement of children involved in arm ed conflict in any 
capacity as defined in Section 5(i) of this Act; and,
(9) attack on schools, hospitals, places of worship, evacuation centers 
and settlem ents and other public places where children can usually 
be found.
Any person found guilty of committing any of the acts enum erated in 
paragraph (b), of this Section shall suffer the penalty of an im prisonm ent of 
not less than fourteen (14) years but not more than twenty (20) years and a 
fine of not less than one million pesos (PI,000,000.00) but not more than 
two million pesos (2,000,000.00).
12


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(c) Where the crimes committed under paragraph (b) of this Section 
resulted in the killing, torture, maiming or rape of children as enum erated 
in subparagraphs 1, 2, 3 and 4 of Paragraph (a), Section 9, the penalty 
imposed shall be that of Section 9 (a) of this Act.
(d) 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; and,
(5) false banding of children or labeling children as children 
involved in arm ed conflict.
Any person found guilty of committing any of the acts enum erated in 
Paragraph (d) of this Section shall suffer the penalty of an im prisonm ent of 
not less than five hundred thousand pesos (P500,000.00) but not more than 
one million pesos (PI,000,000.00).
(e) Parental accountability of children in situations of arm ed conflict 
are subject to the existing provisions of Presidential Decree No. 603 or the 
Child Welfare Code, the Special Protection of Children Against Child Abuse, 
Exploitation and Discrimination Act, Republic Act No. 9208 or the Anti 
Trafficking In Persons Act, Republic Act No. 9231 on the elim ination of worst 
forms of child labor, and Republic Act No. 10364 or the Expanded Anti 
Trafficking In Persons Act.
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 provision of this Act or any rules and regulations 
prom ulgated in accordance thereof, or in any other way violate them  if such 
officer has the duty to implement, shall be punished by im prisonm ent of not 
less than sbc (6) years but not more than twelve (12) years and perpetual 
absolute disqualification from public office.
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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 suffer 
the penalty of an im prisonm ent of not less than one (1) m onth but not more 
than six (6) m onths and tem porary special disqualification from public 
office.
The public officer liable under this section shall, in addition to the 
imprisonm ent, be held adm inistratively liable under existing applicable 
laws.
Any person who shall deliberately commit any other act not covered in 
Section 9, which shall result in prejudicing the rights of children involved in 
arm ed conflict, children affected by arm ed conflict, or internally displaced 
children, shall suffer the penalty of an im prisonm ent of not less than six (6) 
m onths but not 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, w ithout 
prejudice to the rights of the bona fide third party. The court shall impose 
the corresponding accessory penalties under the Revised Penal Code, as 
amended, 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 adm inistrative liabilities th at may 
additionally be imposed upon the person.
SEC. 12. Nonprescription. - The crim es defined and penalized under 
this Act, their prosecution and the execution of sentences imposed on their 
aceount shall not be subject to any prescription.
CHAPTER V
PRINCIPLES OF CRIMINAL LIABILITY AND 
APPLICATION OF PENALTIES
SEC. 13. 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.
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SEC. 14. Responsibility of Superiors. - In addition to the grounds of 
criminal responsibility for crimes defined and penalized under this Act, a 
superior shall be criminally responsible for such crim es comm itted by 
subordinates where:
(a) the superior either knew or, owing to the circum stances at the 
time, 
should 
have 
known 
that 
the 
subordinates 
were 
committing or were about to commit such crimes; or,
(b) The superior failed to take all necessary, legitimate and 
reasonable m easures to prevent or repress their commission or 
to 
subm it the 
m atter to 
the 
com petent authorities 
for 
investigation and prosecution.
SEC. 15. Orders from a Superior. - The fact that a crime defined and 
penalized under this Act has been committed by a person p ursuant to an 
order of a superior shall not relieve that person of crim inal responsibility 
unless all of the following elem ents occur:
(a) The person was under legal obligation to obey orders of the
superior in question;
(b) The person did not know th at the order was unlawful; and,
(c) The order was not manifestly unlawful.
For purposes of this section, orders to commit grave child rights 
violations enum erated in Sec. 9 are manifestly unlawful and shall be 
punished under this Act and other applicable existing laws.
SEC. 16. Unknown Superior. -  Where the crim es defined and penalized 
under this Act have been committed by a person pursuant to an order or 
comm and of unknown superior, any person who in fact directed the others, 
spoke of them, signed receipts and other docum ents issued in their name, 
or who has performed similar acts on behalf of the arm ed groups, shall be 
deemed the superior.
CHAPTER VI
INVESTIGATION, PROSECUTION AND COURT
SEC. 17. Court Prosecutors and Investigators. -  The Family Courts
shall have original exclusive jurisdiction over the crimes punishable under 
this Act.
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The commission on H um an Rights (CHR), the D epartm ent of Justice 
(DOJ) and its attached agencies, the PNP or other concerned law 
enforcement agencies shall designate prosecutors or investigators, as the 
case may be, for cases involving crim es punishable under this Act.
The State shall ensure th at judges, prosecutors and investigators, 
especially those designated for purposes of this Act, receive effective training 
in hum an rights particularly on the Convention on the Rights of the Child and 
its Optional Protocol on the Involvement of Children in Armed Conflict and 
related international instrum ents. International Humanitarian Law and 
International Criminal Law.
SEC. 18. Independent Investigation and Prosecution. - Unless contrary 
to the best interests of the child, all allegations of violence, including sexual 
and 
gender-based 
violence 
m ust 
be 
promptly, 
thoroughly, 
and 
independently investigated and prosecuted by the concerned agencies.
SEC. 
19. 
Requirement and Procedures on Age Verification and 
Presumption of Minority. - The child involved in, affected by or displaced by 
arm ed conflict shall enjoy the presum ption of minority and shall enjoy all 
rights of a child recognized in this Act and other applicable laws unless 
proven to be at least eighteen (18) years of age or older.
The age of a child may be determ ined from the child’s birth certificate, 
baptism al certificate or any other pertinent docum ent. In the absence of 
these docum ents, age may be based on information from the child, 
testim onies of other persons, the physical appearance of the child and other 
relevant evidence such as dental records. In case of doubt as to the age of 
the child, it shall be resolved in favour of the child being deemed a minor.
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 sum m ary 
proceeding for the determ ination 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 determ ine the age of the
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child in the sam e court where the case is pending. Pending hearing on the 
said motion, proceedings on the m ain case shall be suspended.
In all proceedings, law enforcem ent officers, prosecutors, judges and 
other government officials concerned shall exert all efforts to determ ine the 
age of the child involved in arm ed conflict.
SEC. 20. Protection of Victims and Witnesses. -  In addition to existing 
provisions in the Philippines law for the protection of victims and witnesses, 
the following m easures shall be undertaken:
(a) 
The court shall take appropriate m easures to protect the safety, 
physical and psychological wellbeing, dignity and privacy of child 
victims and witnesses. Pursuant thereto, the court shall give due 
regard to all relevant factors, including age, gender and health, and 
the nature of the crime, particularly where the crime involves sexual 
or gender based violence or violence against children;
(b) 
The court shall protect the privacy of child victims and 
witnesses and observe confidentiality consistent with existing rules 
on exam ination 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; and,
(d) 
Where the disclosure of evidence of information may be 
prejudicial to the security of the child, witness or the family, the 
prosecution may withhold such evidence or information and instead 
subm it a sum m ary thereof consistent with the rights of the accused 
to a fair and im partial trial.
SEC. 21. Reparation to Victims. -  In addition to existing provisions in 
Philippine law and procedural rules for reparations to victims, the following 
m easures shall be undertaken:
(a) 
The court shall follow the principles relating to the reparations 
to, or in respect of, child victims, including restitution, com pensation 
and rehabilitation, taking into consideration the scope and extent of 
any damage, loss or injury suffered by child victims;
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(b) 
The court shall make and order directly against a convicted
2 
person specifying appropriate reparations to child victims, including
3 
restitution, compensation and rehabilitation; and,
4 
(c) 
Before making and order under this section, the court may
5 
invite and shall take account of representations from or on behalf of
6 
the convicted person, child victims or other interested persons.
7 
Nothing in this section shall be interpreted to prejudice the rights of 
child victims under national or international law.
•J 
SEC. 22. Immunity from Suit for Persons Providing Assistance. -  Any
0 
person who shall take custody of children involved in armed conflict to 
.1 
ensure their safety or provide them any form of assistance shall be exempt
12 
from any civil, criminal and administrative liability: Provided, That the
13 
person taking custody shall report it to the Local Social Welfare and
14 
Development Office (LSWDO), the PNP or to the barangay office within forty
15 
- eight (48) hours from custody.
16 
CHAPTER VII
17 
REHABILITATION AND REINTEGRATION,
18 
RESCUE AND RELEASE
19 
SEC. 23. Rescue, Rehabilitation and Reintegration. -  The State shall
20 
institute policies, programs and services for the rescue, rehabilitation and 
■•I 
reintegration of children in situations of armed conflict. The programs shall 
^ 
aim at providing services for children while involving their families, 
'3 
communities and other entities to facilitate the children’s reintegration 
4 
process.
-5 
These services shall include psychological support, health and
.76 
nutrition, education, livelihood for families, other basic services and legal
27 
services, as may be necessary.
28 
Any program intervention shall be designed with due respect to the
29 
culture of each child, family and community. The child shall, at all times, be
30 
provided with legal assistance and physical security immediately upon
31 
rescue.
32 
The State shall take into account the protocol in the rescue,
33 
rehabilitation and reintegration of children specified below:
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(a) 
Rescue: The State shall provide for adequate m easures 
and m echanism s to facilitate the recovery, either voluntary or 
involuntary, of children from arm ed groups or governmental 
arm ed forces. It shall provide legal and physical security to 
children involved in arm ed conflict 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 norm al 
development of children victims in the post-involvement phase. 
It shall provide services including therapeutic counselling, 
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 com m unities at the earliest possible time. This shall 
involve services including the provision of alternative parental 
care, trainings aimed to enhance com m unity 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 into recognition of the 
traditional structures and institutions of their comm unities.
SEC. 24. Release of Children Involved in Armed Conflict (CIAC). -  The 
State shall take all feasible m easures to ensure that children recruited or 
used in arm ed conflict are demobilized, dissociated or otherwise released 
from the arm ed force or arm ed group.
For the purposes of this Act, release activities shall be initiated 
independent of any negotiated peace agreem ents.
The State through its concerned agencies in coordination with other 
stakeholders shall have the following duties:
(a) 
Develop a child-specific and gender-sensitive release 
program. 
This 
release 
program  
should 
not 
make 
as 
a
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requirem ent the surrender of arm s by CIAC who have assum ed 
non-com batant roles;
(b) 
Monitor and docum ent the status of CIAC who undergo 
either a formal or informal release 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 governm ent 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 release CIAC;
(d) 
Mobilize and strengthen networks for referrals;
(e) 
Provide free legal assistance to released CIAC ensuring 
that the legal needs of the former CIAC will be addressed, such 
as the prohibition or stoppage of filing charges or dism issal of 
cases against CIAC as criminal or political offenders irrespective 
of their association with any arm ed group or force;
(f) 
Provide psychosocial support that m ust be incorporated 
into the release process at the earliest stages and into all stages 
of reintegration program m ing to assist CIAC, their families and 
com m unities in developing and building their strengths and 
resilience and involving them  actively in their own recovery; and
(g) 
Ensure the formal release of CIAC through various 
approaches such as negotiating through the Government Peace 
Negotiating Panel (GPNP).
Other criminal arm ed groups that utilize children and are not involved 
in formal peace negotiation with the government shall, however, be dealt 
with in accordance with the peace and order or security policy as may be 
provided by the appropriate government agency; Provided, That in any 
release action, the best interest of the child shall be observed.
SEC. 25. Rescued, Taken into Custody, or Surrendered Children 
Involved In Armed Conflict (CIAC). — Where the CIAC have been rescued, 
taken into custody, or surrendered, they shall at tim es be treated in a child- 
friendly and sensitive m anner. The State, at all times, shall consider the
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safety and security of the CIAC. The following procedures shall apply 
w ithout 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. An}r
identifying 
information 
regarding 
them  
shall 
rem ain
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, governm ent agencies,
in particular, the AFP, the PNP, the D epartm ent of National 
Defense (DND), the local government units (LGUs), other 
concerned 
government 
agencies 
or 
non-governm ent
organizations in possession of the CIAC shall report immediately 
within twenty -  four (24) hours the incident to the LSWDO and 
the Council for the Welfare of Children (CWC);
(d) The LSWDO shall coordinate with the agency of non ­
government organization in possession of CIAC for the turnover 
of custody of the children to the D epartm ent of Social Welfare 
and Development (DSWD);
(e) The turnover to the LSWDO shall take place within twenty -  
four (24) hours or in cases where turnover is not possible within 
the prescribed twenty -  four (24) hour period due to valid 
reasons and w ithout the fault of the person having custody of 
the child, the turn over shall be done within the next seventy -  
two (72) hours;
(f) The LSWDO shall facilitate the family tracing and coordinate 
with parents, relatives or guardians 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,
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the LHO shall ensure that medical services or treatm ent are 
received by the CIAC;
(h) The LSWDO shall assesss the needs of the CIAC and refer to 
the 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 
and 
gender-sensitive 
demobilization programs; and,
(j) The CIAC shall be reintegrated into the community. In cases 
where reintegration to original com m unity of origin is not 
feasible for reasons of CIAC’s security, a foster com m unity or 
institution shall be identified.
SEC. 26. Programs, Policies and Services for Female Children in 
Situations of Armed Conflict. -  In developing policies, program s and services 
for the rescue, rehabilitation and reintegration of children in situations of 
arm ed conflict, the State shall take into consideration the special needs of 
female children considering th at the stigma facing female children is 
fundam entally different in kind. In all stages of rescue, rehabilitation and 
reintegration, the State, through its concerned agencies, among the other 
aforecited considerations shall:
a) G uarantee th at the particular needs of female CIAC are met 
and not stigmatizing them  further;
b) Ensure the presence of accessible female employees at all 
tim es during the process;
c) Provide the needed support th at will ensure th at the female 
CIAC make choices in line with their best interests and will 
address the psychosocial im pact of gender-based violence, 
including stigma, discrim ination and depression; and
d) Develop appropriate responses to meet the particular needs 
of female CIAC.
CHAPTER VIII
INVOLVEMENT OF GOVERNMENT AND NON-GOVERNMENT
ORGANIZATIONS
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SEC. 27. Involvement of Government Organizations (GOs) and Non -  
Government Organizations (NGOs). -  To effectively undertake the protection 
of the welfare of children in situations of arm ed conflict, the CWC, together 
with its m em ber agencies, shall be assisted by the following government 
organizations (GOs) for the proper im plem entation of this Act:
(a) AFP;
(b) B ureau of Jail M anagement and Penology (BJMP);
(c) CHR;
(d) D epartm ent of Interior and Local Government (DILG);
(e) D epartm ent of Health (DOH);
(f) DOJ;
(g) D epartm ent of National Defense (DND);
(h) DSWD;
(i) LGUs;
G) National Commission on Indigenous Peoples (NCIP);
(k) National Commission on Muslim Filipinos (NCMF);
(l) National D isaster Risk Reduction and M anagement Council 
(NDRRMC);
(m) Office of the Presidential Adviser on the Peach Process 
(OPAPP);
(n) Philippines Commission on Women (PCW); and,
(o) PNP
In caring for the children in situations of arm ed conflict, child- 
focused NGOs, shall take active part in and continually strive to strengthen 
their program s and capabilities to deliver protection to these children.
For proper im plementation of this Act, all GOs and NGOs including 
those identified herein shall provide their respective counterpart support 
including technical, logistical and financial assistance relative to the 
implementation of programs, projects and activities for children in situation 
of arm ed conflict, in accordance with their m andate and in accordance with 
existing accounting and auditing rules and regulations.
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All program s should be participatoiy and should ensure the 
involvement of children, their com m unities, NGOs, faith based organizations 
or groups, and other concerned groups.
SEC. 28. Local Social Welfare and Development Office. -  Immediately 
after the effectivity of this Act, the DSWD shall undertake the necessari- 
steps to provide the LSWDO in conflict-affected areas the adequate staffing 
and funding, as well as the needed training for its staff that will ensure the 
effective im plementation of this Act.
CHAPTER IX
MONITORING AND REPORTING
SEC. 29. Monitoring and Reporting System. - The State, through the 
CWC, in coordination with other concerned government organizations, shall 
ensure the im plementation of the provisions of this Act and shall subm it to 
the President and to Congress of the Philippines the annual report thereof. 
The CWC shall establish and m aintain a database for the m onitoring and 
reporting of children in situations of arm ed conflict concerns integrated in 
its monitoring system.
The CWC may hire additional personnel to complem ent its present 
secretariat to perform its functions relative to this Act.
CHAPTER X
TRANSITORY PROVISIONS
SEC. 30. Dismissal of Criminal Cases. -  Upon the effectivity of this 
Act, criminal cases against children involved in arm ed conflict shall 
immediately be dism issed and the child shall be referred to the LSWDO. 
Such office, upon thorough assessm ent of the child, shall determ ine 
w hether to release the child to the custody of the parents, or refer the child 
to prevention, rehabilitations and reintegration program s as provided under 
this Act. Those with suspended sentences and undergoing rehabilitation at a 
youth rehabilitation center shall likewise be released: Provided, That the 
Family Court shall, in consultation with concerned agencies, determ ine and 
order the appropriate prevention, rehabilitation and reintegration program s 
the person shall undergo as provided under this Act.
SEC. 31. Inventory of Custody of Children in Situations of Armed 
Conflict. - The AFP, the PNP, the BJMP, the DSWD, the NCIP, the NCMP and
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the concerned LGUs are hereby directed to subm it to the CWC, within 
ninety (90) days from the effectivity of this Act, an inventory of all children in 
situations of arm ed conflict under this custody.
SEC. 32. Children Who Reach Age of Eighteen (18) Years Pending 
Court Proceedings or in Suspended Sentences. -  In cases when a child with a 
pending case reaches the are of eighteen (18) years, the Family Court shall 
dism iss the case against the person and determ ine, in consultation with 
concerned agencies, w hether of not there is a need for the person to undergo 
appropriate rehabilitation and reintegration program s provided under this 
Act.
Those with suspended sentences and undergoing rehabilitation at a 
youth rehabilitation center shall likewise be release: Provided, That the 
Family Court shall, in consultation with concerned agencies, determ ine and 
order the appropriate rehabilitation and reintegration program s the person 
shall undergo as provided under this Act.
SEC. 33. Children Who Have Been Convicted and are Servicing 
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 of 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 release if they are so qualified under 
this Act or other applicable law.
CHAPTER XI 
FINAL PROVISIONS
SEC. 34. Appropriations. -  The am ount necessary to cover the initial 
implementation of this Act shall be charged against the current year’s 
appropriations 
of 
the 
concerned 
implementing 
departm ent/agencies. 
Thereafter, the am ount necessary for its continued im plem entation shall he 
included in the budgets of the concerned departm ents/agencies in the 
annual General Appropriations Act.
SEC. 35. Implementing Rules and Regulations. -  The CWC, together 
with this member agencies and the OPAPP, in consultations with civil
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society organizations, 
shall prom ulgate the im plementing rules and 
regulations of this Act within ninety (90) days from its approval. Al! 
government agencies enum erated in Section 26 of this Act shall be 
consulted insofar as the drafting of their responsibilities are concerned.
Non-government organizations involved in caring for children in 
situations of arm ed conflict shall likewise be consulted in the drafting of the 
Implementing Rules and Regulations of this Act.
SEC. 36. Suppletory Application. -  For purposes of this Act, the 
Revised Penal Code as am ended, and other applicable laws shall have 
suppletoiy application.
SEC. 37. Separability Clause. -  If any part or provision of this Act is 
declared invalid or unconstitutional, the other parts hereof not affected 
thereby shall rem ain valid.
SEC. 38. Repealing Clause. -  Article X, Sections 22 to 26 of Republic 
Act No. 7610, all laws, acts presidential decrees, executive orders, 
adm inistrative orders, rules and regulations inconsistent with or contrary to 
the provisions of this Act are deemed am ended, modified or repealed 
accordingly.
SEC. 39. Effectivity. -  This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in a new spaper of general 
circulation.
Approved,
26