Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS
First Regular Session

House BILL No8005

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

Children are considered as a vulnerable sector in our society. While still in their
developmental years, itis crucial that the children are reared in a positive environment as
is elemental in molding their person and character. Hence, their meekness and innocence
need to be protected in order to ensure that they will grow up to be morally upright and will
become responsible citizens of our nation.

However, our country’s history of violent struggles has inevitably exposed our
children, In tur, child soldiers have been reportedly engaging in these armed conflicts but
more unfortunately, children become unwillingly caught in perilous situation thereby
affecting their youth. Thus, there is a need to provide special protection to these children in
situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination
and other conditions prejudicial to the development of these children. Nonetheless, this
protection should take into consideration the gender, cultural, ethnic and religious
backgrounds of these children.

‘Thus, as a response, the House of Representatives during the 15" Congress has passed
House Bill No. 4480 with Deputy Speaker Maria Isabelle Climaco as forerunner in legislating
the protection of these children as guaranteed under the Convention on the Rights of the
Child, its Optional Protocol on the Involvement of Children in Armed Conflict and all other
core human rights treaties. Further, this proposed legislation shall become model legislation
in the world if enacted into law.

The core of the proposed measure is to ensure that the human rights of children shall
be respected at all times, and that paramount consideration shall be the best interest of the
child in case of armed conflicts and displacement. Also, children are also entitled to dignity
and respect as human beings in need of protection from degradation, humiliation,
maltreatment, exploitation and assault.

‘The salient features of this bill include well-defined terminologies within the purview
of the measure, the declaration of the rights of children in armed conflict particularly the
declaration of children as zones of peace, enumeration of unlawful and prohibited acts


including corresponding yet commensurate penalties and manner of prosecution, and more
importantly the prevention, rehabilitation and reintegration as well as the rescue and
demobilization of the children in situations of armed conflict.

Consistent with the principle of parens patriae, the passage of this bill is most
earnestly sought for the protection of our children.

oT TG
2" District, Paranaquy/City


Republic of the Prilippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House BILL No_ 8005

Introduced by HON. GUS S. TAMBUNTING

‘AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF ARMED.
CONFLICT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION I. Short Title. ~ This Act shall be known as the “Special Protection of Children in Situations
of Armed Conflict Act of 20117.

SEC.2. Declaration of State Policy. — It shall be the policy of the State to provide special protection to
children in situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination and
‘other conditions prejudicial to their development, taking into consideration their gender, cultural, ethnic and
religious background. For this purpose, the State shal:

(@) Fully implement the protection guaranteed under the Convention on the Rights of the Child, its
Optional Protocol on the Involvement of Children in Armed Conflict and all other core human rights treaties,
Particularly, the Intemational Covenant on Civil and Political Rights and the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment; 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
Tatified 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 Paris Principles on the Principles and Guidelines on Children Associated with
‘Armed Forces or Armed Groups, the United Nations Guiding Principles on intemal Displacement, the United
Nations Security Council Resolutions related to children affected by armed conflict and other pertinent
{ntemational instruments in the implementation of its treaty obligations and of this Act;

(©) 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:

(@) Consider as paramount the best interests of children and treat all children involved in, affected by or
<isplaced by armed conflict as victims;



(©) Take al feasible measures to prevent the recruitment and use of children in armed conflict and shall
lake all necessary measures to ensure the effective implementation and enforcement of the provisions of this
Acts

(H) Take all the 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 psychosocial 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;

(g) Continue to recognize its primary role in providing effective protection and relief to all children in
situations of armed conflict;

(6) Continue to fulfill its responsibilities to end impunity and to prosecute those responsible especially
for grave child rights violations in armed conflict; and
Ensure the right to participation of children affected by armed conflict in al its po

, 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 armed contliet.

‘The application of this Act shall not affect the legal status of any party to an armed conflict,

SPC. 4, Interpretation of this Act. ~ Nothing in this Act shall be construed as precluding provisions in
i Philippine laws, international human rights laws and related instruments, and international humanitarian
laws that are more conducive to the realization of the rights of children.

‘SEC. 5. Definition of Terms. — As used in this Act:

(8) Abduction of children refers to the seizure, apprehension, taking in custody, detention or capture of
‘one oF more children either temporarily or permanently by force, threat of force or coercion, or deception for the
‘purpose of any form of exploitation of such children in the situation of armed contfict.

(b)_ Armed conflict refers to armed confrontations occurring between governmental armed forces and one
(oF more armed groups, or between such groups arising in the Philippine territory. ‘These shall include activities
Which may lead to armed confrontation or armed violence that put children’s lives at risk and their rights
Violated.

(©) Armed group refers to an armed non-state actor oF non-state en
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 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. 1 also
refers to attacks of such places which have been temporarily abandoned by the community as a result of armed
contfict, unless these places have been declared as a “no man’s land”

exist

engaged in armed con

ict against

(©) Child protection refers 1o 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,


(1) Child refers to a person below eighteen (18) years of age or one over but is unable to fully take care
‘of one’s self or protect one’s self from abuse, neglect, cruelty, exploitation or discrimination because of physical
‘or mental disability oF condition.

(8) Children in Situations of Armed Conflict (CSAC) refers to all Children Involved in Armed Conflict
(CIAC), Children A fected by Armed Conflict (CAAC) and Intemally 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 checkpoints, being couriers, messengers, porters,
‘cooks and being used for sexual purposes.

() Children Affected by Armed Conflict (CAAC) refers to all children population experiencing or have
experienced armed cont

()_ Demobilisation of children refers to the provess 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. Demobilization of children can take place
<during the situation of armed conflict; itis not dependent on the temporary or permanent cessation of hostili
it is not dependent on children having weapons to forfeit.

(k) 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. These include 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 have been primed,
fuzzed, armed o otherwise prepared for use or used. They could have been fired, dropped, launched, projected
yet remain unexploded either through malfunction or design or for any other cause.

() Food blockade refers to an armed conflict tactic of forcibly cutting off entry of food supplies in a
particular area where children can be found.

(m) Governmental armed forces refer to the Armed Forces of the Philippines (AFP) including the
paramilitary forces, the Philippine National Police (PNP) and other law enforcement agencies.

(n) Grave child righs violations refer 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, or denial of humanitarian access to children.

(0) Hamleting refers to an armed conflict strategy that isolates a community of importance to the enemy
‘hich is inhabited by children including relocating community away from crucial zones. This strategy could be
used to control the activities of the people in said areas.

(p) Hospitals or health facilities refer 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.



(@ Humanitarian access refers to the right of vulnerable populations to receive intemational 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.

(©) Humanitarian assistance refers to aid that seeks to save lives and alleviate suffering of a erisis-
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 (3)
‘categories: direct assistance, indirect assistance and infrastructure support, which have diminishing degrees of
‘contact with the affected population.

(8) Internally Displaced Children (IDC) refers to children or group of children, whether separated or
{ogether 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.

(0) Improvised Explosive Device (IED) 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
fr landmine or roadside bombs, and contain many types of initiators, detonators, penetrators 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.

(v) Killing of children refers to acts of all kinds in the context of armed conflict that result inthe death of
‘one or more children. Among others, they include the death of children as a result of direct targeting and indirect
actions, such as cross-fire, use of lan ‘luster munitions, ERW, all forms and types of IED; 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, as amended, and other special laws.

(W). Maiming of children refers to acts of all kinds inthe 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 result
from indirect actions, such as eross-fire, use of landmines, cluster munitions, ERW, all forms and types of IED;
or in the context of house demolitions, search and arrest campaigns, suicide attacks and torture.

() Other acts of gender-based violence refer to physical or sexual violence other than rape, and
psychosocial harm that is committed against a person as a result of pow. ies that are based on gender
roles. These include, among others, sexual slavery, prostitution, forced marriage, forced pregnancy or forced
sterilization.

(%) 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.

(9) Recruitment refers to compulsory, forced or voluntary conscription or enlistment of children into the
‘governmental armed force or forced or voluntary membership into the armed group.



(2) School refers to any structure that is recognized and known by the community as a leaning space
and marked by visible boundaries.

(2a) Zone of Peace refers to a site with sacred, religious, historic, educational, cultural, geographical or
environmental importance which is protected and preserved by its own community and officially recognized by
‘@ governmental authority. It is not merely a “Demilitarized Zone”, but a sanctuary that operates within ethical
principles of nonviolence, free from weapons, acts of violence, injustice and environmental degradation,

CHAPTER IL
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 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 responsiblity to resolve armed conflict in order to
Promote the goal of children as zones of peace. As such, the community, govermental authority and, if
appropriate, religious leadership shall preserve the peaceful integrity of children and shall exemplify mutual
respect and nonviolent behavior in the presence of children, and share their resources for furthering peace and
cooperation.

SBC. 7. Rights of Children in Situations of Armed Conflict. ~ Children in Situations of Armed Conflict
(CSAC) shall have the following rights:

(@) The right of special respect and protection against any form of abuse, neglect, exploit
violation, especially in the context of armed contlict;

(©) The right of all children involved in, affected by or displaced by armed conflict to be treated as
ims. 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 oftheir protection;

(©) ‘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;

(@) The tight to be protected from recruitment into 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 noncompliance with recruitment or participat

and

(©) 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 (ECD) programs, psychosocial support and social services. All services provided for children
‘must be child and gender sensitive or responsive;

(0) The tight 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 situations of armed conflict and whether or not they have been internally displaced or are
living in evacuation centers or settlements;

(@) 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;

(b) 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;

(@_ The right not to be interned in or confined in camp, especially IDC and their fami

The right of IDC, unaccompanied minors, expectant mothers, 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;

(&) The right of children to be with their families, especially with their mothers, during evacuations and
in evacuation centers;

(D) ‘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 evacuation centers or other settlements, subject to
existing rules and regulations in those centers or settlements;

(mm) 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;

(a) The right ofall children to be reunited with their families in case of separation duc to armed conflict;

(0) The right to obtain necessary documents 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 issued the same in their own names;

(P) The right of access to justice including free legal aid when filing cases against the perpetrators; and

(@) 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 IIL
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;

(2) Torture committed against children. For purposes of this Act, torture shall include those enumerated
in Section 4 of Republic Act No. 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 agzins children. For purposes of
‘this Act, cruel, inhuman and degrading treatment or punishment shall include those enumerated in Section 5 of
Republic Act No. 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/or assistance to children;

(11) Use or involvement of CIAC in any capacity as defined in Section 5(h) of this Act; and

(12) Attack on schools, hospitals, places of worship, evacuation centers and settlements and other put
places where children can usually be found.

(©) Likewise, it shall be unlawful for any person to commit the following acts:

(0) Hamleting;

(2) Food blockade;

(G) Intentional delayed reporting of a child in custody;

(4) False reporting of a child in custody; and

(5) False branding of children or labeling children as children involved in armed conflict.

(©) _Itshall also be unlawful for parents, ascendants, guardians, step parents or collateral relatives within
the third (3°) degree of consanguinity or affinity, or any person having control or moral ascendancy to the child,
{o allow, willfully encourage, compel, coerce or influence their child or children to be part of an armed group or
«@ governmental armed force.

CHAPTER IV
PENALTIES AND PRESCRIPTION OF CRIME

SEC.9. Penalties. ~ The following penalties and sanctions are hereby imposed for the offenses
‘enumerated in this Act:

(@) 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 (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

(©) Any person found guilty of committing any of the acts enumerated in subparagraphs 5, 6, 7, 8, 9, 10,
I 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
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00): Provided, That where the crimes
committed resulted in the killing, torture, maiming or rape of children in subparagraphs 1, 2, 3 and 4 of
Paragraph (a), Section 8, the penalty imposed shall be that of Section 9a) ofthis Act;

(©) Any person found guilty of committing any of the acts enumerated in subparagraphs 1, 2, 3, 4 and 5
‘of 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); and



(@) Parents, ascendants, guardians, step parents or collateral relatives within the third (3°) 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 pert of an armed group shall be punished
‘ith an imprisonment of 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 (3) 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. Nomimplemeniation or Violation of Amy 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 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 from public office.

‘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 from public office.

‘The public officer liable under this section shal, 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, CAC or IDC protected under this Act, shall be punished with an imprisonment of not less than
six (6) months 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,
‘without prejudice to the rights of the bona fide third (3%) 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
‘administrative liabilities that may additionally be imposed upon the person.

Sec. 12. Nonprescription. — The crimes defined and penalized under this Act, their prosecution and the
execution of sentences imposed on their account shall not be subject to any prescription.

CHAPTER V
PRINCIPLES OF CRIMINAL LIABILITY AND
APPLICATION OF PENALTIES,
SEC. 13. Individual Criminal Responsibilities. — Any person committing such crime shall be criminally
liable for a crime defined and penalized in this Act, whether as an individual, jointly with another o 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
responsibilty or constitute a ground for reduetion 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; or

(©) ‘That superior failed to take all necessary, legitimate and reasonable measures to prevent or repress
their commission orto submit the matter to the competent authorities for investigation and prosecution.

Se. 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 clements occur:

(@) The person was under a legal obligation to obey orders ofthe superior in question;

(©) The person did not know that the order was unlawful; and

(©) The order was not manifestly unlawful.

For purposes of this section, orders to commit grave child rights violations enumerated in Section 8 are
‘manifestly unlawful and shall be punished under this Act and other applicable existing laws,

SEC. 17. Unknown Superior. — Where the crimes defined and penalized under this Act have been
‘committed by @ 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.

CHAPTER VI
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 PNP or other concemed 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 the Convention on the Rights of the Child
‘and its Optional Protocol on the 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 by 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



{testimonies of other persons, the physical appearance of the child and other relevant evidence, In case of doubt
sto 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.

Ifa 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 offi
‘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:

(@) 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
‘rime involves sexual or gender-based violence or violence against children;

(®) The court shall protect the privacy of child victims and witnesses and observe confidentiality
‘consistent with existing rules on examination of child victims and witnesses;

(©) Where the personal interests of the child victims are affected, the court shall consider the child
victim's views and concems in accordance with established rules of procedure and evidence; and

(@) 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 withthe rights of the accused toa 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
Vietims, including restitution, compensation and rehabilitation; and

(©) Before making an order under this section, the court may invite and shall take account of
representations from or on behalf of the convicted person, child victims or 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
IAC to ensure theit 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), the PNP or to the barangay office within forty-eight (48) hours.



CHAPTER VII

PREVENTION, REHABILITATION AND REINTEGRATION,
RESCUE AND DEMOBILIZATION

Sec.23. Prevention ~ The Siate 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 shal:

(@) Prioritize children’s issues in the peace program of the government and includ¢ children’s concerns,
specifically the effects of armed conflicts, in peace negotiations;

(©) Include peace, human rights and protective behavior skills as fundamental subjects in the education
system;

(©) Provide educational assistance, whether formal or alternative learning system, that is child and
culturally sensitive

(@ Develop and implement training programs and campaign towards promoting a culture of peace and
respect for human rights in collaboration with civil society organizations,

(©) Provide capacity building for Local Governance and Community Development, and ensure the
participation of various organizations, especially of children’s and people's organizations 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;

(0) 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 traditional health practices in indigenous peoples’ area shal also be initiated;

(h) Establish basic facilities and infrastructure needed;

(i) Ensure that child protection mechanisms are present and functional; and

@_ Establish a comprehensive, effective and efficient system for monitoring and reporting and response
for violations as provided in Section 8 of this Act.

S5C. 24. Rescue, Rehabilitation and Reintegration. ~ The State shall institute policies, programs and
services for rescue, rehabilitation and reintegration of CSAC. The programs shall aim at providing services for
children white 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 intervention shall be designed with due respect to the culture of each child, family and
‘community. The child shal, ata times, be provided with legal assistance and physical security upon rescue.

The State shall take into account the following inthe rescue, rehabilitation and reintegration of children:

(@) 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 CIAC 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;

(©) Reintegration: The State shall bring children back to their families or communities whenever
Possible. This shall involve services including the provision of alternative parental care. Trainings aimed to
enhance community readiness in the reintegration of these children shall also be undertaken. Whenever possible,
interventions for children shall be done with respect to their opinion. Interventions for indigenous peoples (IP)
children shall be conducted in recognition of the traditional structures and institutions of their communities,

Sec, 25. Demobilization of Children Involved in Armed Conflict (CAC). ~ The State shall take all
feasible measures to ensure that children recruited or used in hostilities contrary to this Act are demobilized or
otherwise released from service.

For purposes of this Act, demobilization activities shall be initiated independent of any negotiated peace
agreements,

‘The State, through its concemed agencies, in coordination with other stakeholders shall have the
following duties:

(@) Develop a child-specific demobilization program. This demobilization program should not make as a
requirement the surrender of arms by CIAC who have assumed noncombatant roles;

(b) Monitor and document the status of CIAC who undergo either formal or informal demobilization
process;

(©) With due regard to the right to privacy of CIAC, their security and safety, and considering the
confidentiality of records, share data and information by both government and nongovernment organizations to
assess the needs of demobilized CIAC and to formulate ways to address these needs, and be informed of their
status and updates of demobilized CIAC;

(@) Mobilize and strengthen networks for referrals;

(©) Provide free legal assistance to demobilized CIAC ensuring that the legal needs of the former CIAC
be addressed, such as the prohibition or stoppage of filing charges or dismissal of cases against CIAC as
inal or political offenders irespective of their association with any armed group or force;

(0) Ensure the formal demobilization of CIAC through various approaches such as negotiating through
the Government Peace Negotiating Pane! (GPNP). Other criminal armed groups that utilize children and are not
involved in formal peace negotiation with the government shall, however, be dealt in accordance with the peace
and order or security policy as may be provided by the appropriate government agency: Provided, That in any
‘demobilization action, the best interest ofthe child shall be observed.

‘SBC. 26. Rescued or Surrendered Children Involved in Armed Conflict (CIAC). ~ 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 chi

(@) The identity of rescued CIAC shall be protected. Any identifying information regarding them shall
remain confidential;

eri



(©) 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 ther cases;

(©) Upon the rescue or surrender of CIAC, government agencies, in particular, the AFP, the PNP, the
Department of National Defense (DND), the local government units (LGUs), other concemed government
agencies or nongovernment organizations (NGOs) in possession of CIAC shell report immediately within
twenty-four (24) hours the incident to the LSWDO and the Council for the Welfare of Children (CWC);

(@ The LSWDO shall coordinate with the agency or NGO in possession of CIAC for the turnover of
‘custody of CIAC to the Department of Social Welfare and Development (DSWD);

(©) 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 without the
fault of the person having custody of the child, the turnover shall be done within the next seventy-two (72)
hours;

(The LSWDO shall facilitate the family tracing and coordinate with parents, relatives or guardians of
the CIAC to inform them of the tumover;

(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 concemed agencies to provide
immediate assistance or appropriate services;

(The LSWDO, in coordination with other agencies, shall enter the CIAC into the child-specific
demobilization programs; and

@ 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.

CHAPTER VIII

INVOLVEMENT OF GOVERNMENT AND
NONGOVERNMENT ORGANIZATIONS

‘SEC. 27. Involvement of Government Organizations (GOs) and Nongovernment Organizations (NGOS).
~ To effectively address the issue of CSAC, the CWC, together with its member agencies, shall be assisted by
the following government organizations (GOs) forthe proper implementation of this Act:

(@) Armed Forces of the Philippines (AFP);

(b) Commission on Human Rights (CHR);

(©) Department of National Defense (DND);

(@ Local government units (LGUs);

(©) National Commission on Indigenous Peoples (NCIP);

(©) National Commission on Muslim Filipinos (NCMF);

(@) National Disaster Risk Reduction and Management Council (NDRRMC);

(h)_ Office of the Presidential Adviser on the Peace Process (OPAPP);

(Philippine Commission on Women (PCW); and

Philippine National Police (PNP).


Child-focused 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 concemed groups.

CHAPTER IX
MONITORING AND REPORTING
Sec. 28. Monitoring and Reporting System. — The State, through the CWC, in coordination with other
concemed 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, The 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 personne! to complement its present secretariat to perform its functions
relative to this Act.

CHAPTER X
‘TRANSITORY PROVISIONS

‘SEC.29. Children Involved in Armed Conflict. — Upon the effectivity of this Act, criminal cases against
IAC shall immediately be 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 and 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 concemed agencies, determine and order the appropriate
prevention, rehabilitation and reintegration programs the person shall undergo as provided under this Act.

SEC. 30. Inventory of Custody of CSAC. - The AFP, the PNP, the Bureau of Jail Management and
Penology (BIMP), the DSWD, the NCIP, the NCMF and the concemed LGUs are hereby directed to submit to
the CWC, within ninety (90) days from the effectivity ofthis Act, an inventory of all CSAC under their custody.

S8C.31. Children Who Reach the Age of Eighteen (18) Years Pending Court Proceedings or in
‘Suspended Sentences. — In cases when a child reaches the age of eighteen (18) years with pending case, the
Family Court shall dismiss the case against the person and determine, in consultation with concerned agencies,
‘whether or not there is a need for the person to undergo appropriate rehabilitation and reintegration programs
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 concemed agencies, determine
and order the appropriate rehabilitation and reintegration programs the person shall undergo as provided under
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 atthe 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 released if they are so qualified under this Act or other applicable law.

CHAPTER XI
FINAL PROVISIONS

S8C. 33. Implementing Rules and Regulations. - The CWC, together with its member agencies and the
OPAPP, with the involvement of the civil society organizations, shall promulgate the implementing rules and
Tegulations of this Act within ninety (90) days from its approval. All government agencies enumerated in
‘Section 27 of this Act shall be consulted insofar asthe 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 ofthis Act.

‘SEC. 34. Appropriations. — The amount necessary to cover the initial implementation of this Act shall
be charged against the current year's appropriations of the concerned implementing departments/agencies.
‘Thereafter, the amount necessary for its continued implementation shall be included in the budgets of the
concemed departments/agencies in the annual General Appropriations Act.

Sec. 35. Repealing Clause. — Article X, Sections 22 to 26 of Republic Act No. 7610, otherwise known
as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, 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 hereof 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,