SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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Introduced by SENATOR FERDINAND R. MARCOS, JR. 
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EXPLANATORY NOTE 
Based on the reports of the Department of Social Welfare and 
Development, Department of National Defense, Armed Forces of the 
Philippines, and different Non-Government Organizations, there is an 
estimate of 30,000 to 50,000 children 'displaced by armed conflict' every 
year for the past 4 years (Situation of the Filipino Children, Subaybay Bata 
Macro Monitoring System, Council for the Welfare of Children, 2012). 
Children who are exposed to armed conflict experience severe 
physical and psychological trauma. 
The innocence of their youth is 
violently robbed, and replaced by the terrors of violence, hatred, and 
pain. 
This measure prohibits the voluntary and compulsory recruitment 
and involvement of persons below 18 years of age in armed conflict. 
It 
likewise 
seeks 
to 
provide 
a 
comprehensive 
protection, 
rehabilitation and reintegration of children involved in and affected by 
armed conflict, and those who have been displaced by reason of armed 
conflict. 
Furthermore, this measure proposes to prohibit and penalize the 
commission of grave child rights violation in armed conflict situation 
including killing of children, subjecting them to torture and other inhuman 
and degrading treatment or punishment. rape or abduction of children, 
other acts constituting gender-based violence against children, use of 
children as hostages or human shield, denial of humanitarian access 
and/or assistance to children, recruitment and involvement of children in 
armed conflict, and attack of SChools, hospitals, places of worship, 
evacuation cerlters and settlements and other public places where 
children can usually be found. 
Under this proposal, there is a comprehensive treatment of children 
in armed conflict. including their rescue and demobilization, rehabilitation 
and reintegration. 
'Government forces, as well as other non state armed groups shall 
be liable for the violation of any provisions of this proposed law. 


Children deserve utmost protection from all forms of danger. All 
efforts must, therefore, be exerted to ensure that they are sheltered and 
protected at all times. 
Approval of this bill is earnestly requested. 
FERDINAN 
R. MARCOS, JR. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Sessi'on 
Senate 
Senate Bill No. 422 
AN ACT 
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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 1 
GENERAL PROVISIONS 
SECTION 1. Short Title - This Act shall be known as the "Special 
Protection of Children in Situations of Armed Conflict Act of 20 J 3." 
SECTION 2. Declaration of State Policy - It shall be the policy of the 
State to provide special protection to Children in Situation of Armed 
Conflict (CSAC) from all 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 shall: 
a. Fully implement the protection guaranteed under the Convention 
on the Rights of the Child, its Optional Protocol on the involvement 
of Children in Armed Conflict (CIAC) and all other core human 
rights treaties, particularly, the International Covenant on Civil and 
Political Rights and the Convention Against Torture and Other Cruel, 
Inhumane and Degrading Treatment; other pertinent international 
instruments such as but not limited to the ILO Convention No. 182 
concerning 
the 
prohibition 
and immediate action for the 
elimination of the worst forms of child labor; the Geneva 
Conventions of 1949 and the Additional Protocols ratified by the 
Philippines; the Convention on the Prohibition of the Use, 
Stockpiling, Production and Transfer of Anti-Personnel Mines and on 
their Destruction, and take into account the Paris Principles on the 
Principles and Guidelines on Children Associated with Armed Forces 
or Armed Groups, the United Nations Guiding Principles on Internal 
Displacement, the United Nations Security Council Resolutions 
related to CAAC and other pertinent international instruments in the 
implementation of its treaty obligations and of this Act; 


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


(c) "Armed group" refers to an armed non-state actor or non state entities 
engaged in armed conflict against the state or engaged in armed 
violence; 
(d) "Attacks on schools, hospitals, places of worship, evacuation centers 
and public places where children are usually found" refers to the 
occupation, shelling, targeting for propaganda of schools, hospitals or 
places of worship; causing damage to such places, or harm or injury to 
their personnel; or causing the total or partial physical destruction of 
such facilities; or disruption of educational activities and health 
services. It also refers to attacks of such places, which have been 
temporarily abandoned by the community as a result of armed 
conflict, unless these places have been declared a "no man's land". 
(e) "Child protection" refers to the measures, structures and activities that 
ensure the prevention and response to abuse, neglect, exploitation 
and violence affecting children. It shall include the promotion of their 
development and psychosocial well-being; 
(I) "Child" refers to persons below eighteen (18) years of age or those 
over but are unable to fully take care of themselves or protect 
themselves from abuse, neglect, cruelty, exploitation or discrimination 
because of physical or mental disability or condition. 
(g) "Children In Situations of Armed Conflict (CSAC)" refers to all Children 
Involved In Armed Conflict (CIAC), Children Affected By Armed 
Conflict (CAAC) , and Internally Displaced Children (IDC). 
(h) "Children Involved in Armed Conflict (CIAC)" refers to children who are 
either forcibly, compulsorily recruited or who voluntarily joined in any 
governmental armed forces or any armed group in any cappcity to 
participate directly in armed hostilities as combatants or as fighters, or 
take support roles such as but not limited to scouting, j spying, 
sabotaging, acting as decoys, assisting in check-points, being couriers, 
messengers, porters, cooks and being used for sexual purposes. 
(i) "Children Affected by Armed Conflict (CAAC)" refers to all children 
population experiencing or have experienced armed conflict. 
(j) "Demobilization of children" refers to the process of formal and 
controlled disarmament of children and their release from an armed 
force or armed group. It shall likewise refer to the informal ways in 
which children leave the governmental armed forces or armed group. 
It entails a disassociation from the armed force or armed group and 
the beginning of transition to mainstream society. Demobilization of 
children can take place during the situation of armed conflict; it is not 
dependent on the temporary or permanent cessation of hostilities; it is 
not dependent on children having weapons to forfeit. 


' . . 
(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. This includes bombs and warheads, 
guided and ballistic missiles, artillery, mortar, small arms ammunition, 
mines, torpedoes, depth charges, demolition stores, pyrotechnics, 
cluster munitions and dispensers, cartridges and propelled actuated 
devices, electric explosive devices and similar items that are explosive 
in nature. Unexploded Ordnance refers to explosive ordnance, which 
has been primed, fuzzed, armed or otherwise prepared for use or 
used. It could have been fired, dropped, launched, projected yet 
remains unexploded either through malfunction or design or for any 
other cause. ' 
(I) "Food blockade" refers to armed conflict tactic of forcibly cutting off 
entry of food supplies in a particular area where children can be 
found. 
(m) 
"Governmental armed forces" refers to the Armed Forces of the 
Philippines (AFP) including the paramilitary forces, the Philippine 
National Police (PNP), and other law enforcement agencies. 
(n) "Grave child rights violation" refers to the crimes committed against 
children that constitute flagrant violations of their human rights and 
have severe consequences in their lives. These crimes include those 
enumerated in Section 8 of this Act, such as but not limited to, killing or 
maiming of children, recruitment or use of CIAC, rape and other forms 
of sexual violence against children, abduction of children, attacks 
against schools or hospitals, denial of humanitarian access to children. 
(0) "Hamleting" refers to an armed conflict strategy that isolates a 
community of importance to the enemy which is inhabited by children 
including relocating said community away from crucial zones. This 
strategy could be used to control the activities of the people in said 
areas. 
(p) "Hospitals or health facilities" refers to any structure recognized and 
known by the community as a facility where the sick and wounded are 
provided with medical and or health care services. 
(q) "Humanitarian access" refers to the right of vulnerable populations to 
receive international protection and assistance from an impartial 
humanitarian relief operation to complement efforts of national 
authorities. Such action is subject to the consent of the State or parties 
concerned and does not prescribe coercive measures in the event of 
refusal, however unwarranted. 
(r) "Humanitarian assistance" refers to aid that seeks to save lives and 
alleviate suffering of a crisis-affected population. Humanitarian 
assistance must 
be provided in 
accordance with 
the basic 
humanitarian principles of humanity, impartiality, independence and 
neutrality. Assistance may be divided into three categories: direct 
assistance, indirect assistance and infrastructure support. which have 
diminishing degrees of contact with the affected population. 


----------------------------------
(s) "Internally Displaced Children (IDC) " refers to children or group of 
children, whether separated or together with their families, who have 
been forced or obliged to flee or to leave their homes or places of 
habitual residence, in particular, as a result of or in order to avoid the 
effect of armed conflict and situations of generalized violence. 
(t) "Improvised Explosive Device (lED)" refers to a device that is 
homemade or fabricated, constructed and deployed in ways other 
than conventional military action; containing or having contents from 
indigenous materials or substances that are destructive, lethal, noxious, 
pyrotechnic or incendiary chemicals, and designed to destroy, kill, 
incapacitate, harass or distract. IEDs are diverse in design, such as but 
not limited to, packages or landmine or road-side 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. 
(u) "Killing of children" refers to acts of all kinds in the context of armed 
conflict that result in the death of one or more children. Among others, 
they include the death of children as a result of direct fargeting and 
indirect actions, such as cross-fire, use of land mines, cluster munitions, 
ERW, all forms and types of lED; or house demolitions, search and arrest 
campaigns, suicide attacks and torture; they also include murder, 
homicide and such other similar crimes as defined in the Revised Penal 
Code and other special laws, as amended. 
(v) "Maiming of children" refers to acts of all kinds in the context oi armed 
conflict that result in serious or permanent or disabling injury, scarring or 
defacing, or mutilation to one or more children. 
It shall cover 
intentional maiming of children where they are directly targeted, and 
causal maiming of children which results from indirect actions, such as 
cross-fire, use of landmines, cluster munitions, ERW, all forms and types 
of lED; or in the context of house demolitions, search and arrest 
campaigns, suicide attacks and torture. 
(w) 
"Other acts of gender based violence" refers to physical, sexual 
violence other than rape, and psychosocial harm that is committed 
against a person as a result of power inequities that are based on 
gender roles. These include, among others, sexual slavery, prostitution, 
forced marriage, forced pregnancy, or forced sterilization. 
(x) "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. 
(y) "Recruitment" refers to compulsory, forced and VOluntary conscription 
or enlistment of children into the governmental armed force and 
forced or voluntary membership into the armed group. 
(z) "School" refers to any structure that is recognized and known by the 
community as a learning space and marked by visible boundaries. 


(aa) "Zone of Peace" refers to a site with sacred, religious, historic. 
educational. cultural. geographical or environmental importance 
protected and preserved by its own community and officially 
recognized by a 
governmental authority. 
It 
is 
not rnerely a 
"Dernilitarized Zone", but a sanctuary that operates within ethical 
principles of non-violence, free from weapons, acts of violence, 
injustice and environmental degradation. 
CHAPTER 2 
RIGHTS OF CHILDREN IN ARMED CONFLICT 
SECTION 6. Rights of Children In Situations of Armed Conflict (CSAC). 
Children in Situations of Arrned Conflict (CSAC) shall have the 
following rights: 
(a) the right of special respect and protection against any forrn of abuse, 
neglect, exploitation and violation, especially in the context of armed 
conflict; 
(b) the right of all children involved in, affected by or displaced by armed 
conflict to be treated as victims. They shall be treated in accordance 
with this Act, and other applicable laws, consistent with the State 
obligation under international law, within the framework of restorative 
justice, social rehabilitation and promotion of their protection; 
(c) the right to be considered as object of special respect and to be 
protected from any form of direct or indiscriminate attacks and acts of 
violence especially protection from the grave child rights violations as 
enumerated in Section 8 of this Act; 
(d) the right to be protected from recruitrnent into the governmental 
armed forces or 
arrned groups and from participation in armed 
conflict. This shall include the right to be protected from torture or any 
cruel. inhurnan or degrading practices that compel cornpliance or 
punish non-compliance with recruitment or participation in armed 
conflict; 
(e) the right to be immediately provided and have safe access to 
essential. adequate and culturally appropriate food and nutrition; 
basic shelter and housing; culturally appropriate clothing; water, 
sanitation, and hygiene; basic health services including essential drugs, 
medicines 
and 
vaccines, 
health 
professional 
evaluatio'n 
and 
appropriate intervention; education, including religious and moral 
education; Early Childhood Care and Development (ECCD) programs, 
psychosocial support and social services. 
All services provided for 
children must be child and gender sensitive or responsive; 
(f) 
the right to enjoy their freedom of thought. conscience, religion or 
belief, opinion and expression; to associate freely and participate 
equally in legitimate community affairs; to communicate in a 
language they understand even in situations of armed conflict and 
whether or not they have been internally displaced or are living in 
evacuation centers or settlements; 


(g) the right of the wounded and sick children to be cared for and 
provided with aid or assistance or medical services, whether because 
of their age or for any other reason; 
(h) the right of all children to be treated humanely in all circumstances, 
without any adverse distinction founded on race, color, religion or 
faith, gender, birth or wealth, or any other similar criteria; 
(i) 
the right not to be interned in or confined in camp, especially IDC and 
their families; 
(j) 
the right of IDC, unaccompanied minors, expectant 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; 
(k) the right of children to be with their families, especially with their 
mothers, during evacuations and in evacuation centers; 
(I) 
the right to, liberty of movement and freedom to choose their 
residence especially the IDC and their families who shall have the right 
to move freely in and out of evacuation centers or other settlements, 
subject to existing rules and regulations in those centers or settlements; 
(m) the right especially of IDC and their families to: leave the country; seek 
safety in another part of the country; seek other service providers; seek 
asylum in another country; and be protected against forcible return to 
resettlement in any place where their life, safety, liberty or health 
would be at risk; 
'(n) the right of all children to be reunited with their families in case of 
separation due to armed conflict; 
(0) the right to obtain necessary document/s 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 rigbts 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; 
(q) the right for the property and possessions of children and their families 
to be protected in all circumstances. 
The rights enumerated in this Section shall not hinder the application 
of other rights recognized and guaranteed in the Constitution and other 
existing laws in keeping with the best interests of the child. 


CHAPTER 3 
UNLAWFUL AND PROHIBITED ACTS 
SECTION 7. 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 the purposes of this Act. 
torture shall include those enumerated in Section 4 of Republic 
Act 9745 or the Anti-Torture Act; 
3. Intentional or causal maiming of children; 
4. Rape of children; 
5. Cruel, inhuman and degrading treatment or punishment 
committed against children. For the purposes of this Act. cruel. 
inhuman and degrading treatment or punishment shall include 
those enumerated in Section 5 of Republic Act 9745 or the Anti-
Torture Act; 
6. Abduction of children; 
7. Taking children as hostages or using them as human shield; 
8. Recruitment. 
conscription, 
or 
enlistment 
of 
children 
into 
governmental armed forces and other armed groups; 
9. Other acts of gender-based violence against children; 
10. Refusal or denial of humanitarian access and/or assistance to 
children; 
11. Use or involvement of CIAC in any capacity as defined in Section 
5(h) of this Act; 
12. Attack on schools, hospitals, places of worship, evacuation 
centers and settlements and other public places where children 
can usually be found. 
(b.) 
Likewise, it shall be unlawful for any person to commit the 
following acts: 
1. Hamleting 
2. Food Blockade 
3. Intentional Delayed Reporting of a child in custody 
4. False Reporting of a child in custody 
5. False Branding of children or labeling 
children as children 
involved in armed conflict 
(c.) 
It shall also be unlawful for parents, ascendants, guardians, 
step parents or collateral relatives within the third degree of 
consanguinity or affinity or any person having control or moral 
ascendancy to the child to allow, willfully encourage, compel, 
coerce, or influence their child or children to be part of an 
armed group or a governmental armed force. 


-------------
CHAPTER 4 
PENALTIES AND PRESCRIPTION OF CRIME 
SECTION 8. 
Penalties - The following penalties and sanctions are 
hereby imposed for the offenses enumerated in this Act: 
(a) Any person found guilty of committing any of the acts enumerated in 
subparagraphs 1,2,3 and 4 of paragraph (a) Section 7 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) 
(b) Any person found guilty of committing any of the acts enumerated in 
subparagraphs 5,6,7,8,9,10,11 and 12 of paragraph (a) Section 7 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 (PLOOO.OOO.OO) but not more than Two Million 
Pesos (P2,000,000.00); Provided where the crimes committed re~ulted in 
the killing, torture, maiming, or rape of children in subparagraphs 1,2,3 
and 4 of paragraph (a) Section 7, the penalty imposed shall be that of 
Section 8 (0) of this Act; 
(c) Any person found guilty of committing any of the acts enumerated in 
subparagraphs L2,3,4 and 5 paragraph (b) Section 7 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 
(P 1,000,000.00). 
(d) Parents, ascendants, guardians, step parents or collateral relatives 
within the third degree of consanguinity or affinity or any person having 
control or moral ascendancy to the child to allow, willfully encourage, 
compel, coerce, or influence their child or children to be part of an 
armed group shall be punished with not less than six years but not more 
than twelve years. Provided, However That, parents, ascendants, 
guardians, step parents or collateral relatives within the third degree of 
consanguinity or affinity or any person having control or moral 
ascendancy to the child found guilty hereof may be allowed to serve 
the minimum period of imprisonment based on the sound discretion of 
the courts guided by the principles of parens patriae. 
SECTION 9. Non-implementation or Violation of any other Provisions 
of this Act or the Rules and Regulations in General - Any public officer, 
who shall 
knowingly and maliciously prevent, prohibit, refuse or 
discontinue the implementation of any provisions of this Act or any rules 
and regulations promulgated in accordance thereof, or in any other way 
violate them, if such officer has the duty to implement shall be punished 
by imprisonment of not less than six years but not more than twelve years 
and perpetual absolute disqualification. 


Any such officer who shall prevent, prohibit, refuse or discontinue 
the implementation of this Act or its rules and regulations, or in any other 
way violate them by reason of inexcusable negligence or ignorance, shall 
be punished with an imprisonment of not less than one month but not 
more than six months and temporary speci81 disqualification. 
The public officer liable under this Section shall, in addition to the 
imprisonment, be held administratively liable under existing applicable 
laws. 
Any person who shall commit any other act not covered in Section 
8, which shall result in prejudicing the rights of CIAC, CAAC or IDC 
protected under this Act shall be punished with an imprisonment of not 
less than six months but not more than six years. 
SECTION 10. Forfeiture of Proceeds, Property and Assets - The court 
shall order the forfeiture of proceeds, property and assets derived, directly 
or indirectly, from the crimes defined and penalized in this Act, without 
prejudice to the rights of the bona fide third party. The court shall impose 
the corresponding accessory penalties under the Revised Penal Code, 
especially where the offender is a public officer. 
The liabilities imposed in this Act shall not prejudice the application 
of other existing criminal, civil and administrative liabilities that may 
additionally be imposed upon the person. 
SECTION 11. Non-prescription. - 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 5 
PRINCIPLES OF CRIMINAL LIABILITY AND 
APPLICATION OF PENALTIES 
SECTION 12. 
Individual Criminal Responsibilities -
Any person 
committing such as crime shall be criminally liable for a crime defined and 
penalized in this Act, whether as an individual, jointly with another or 
through another person, regardless of whether that other person is 
criminally responsible. 
SECTION 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. 
SECTION 14. 
Responsibility of Superiors - In addition to other 
grounds of criminal responsibility for crimes defined and penalized under 
this Act, a superior shall be criminally responsible for such crimes 
committed by subordinates where: 
(a) That superior either knew or, owing to the circumstances at the time, 
should have known that the subordinates were committing or about to 
commit such crimes; 


(b) That superior failed to take all necessary and reasonable measures 
within his/her power to prevent or repress their commission or to submit 
the matter to the competent authorities for investigation and 
prosecution. 
SECTION 15. Orders from a Superior - The fact that a crime defined 
and penalized under this Act has been committed by a person pursuant 
to an order of a superior, shall not relieve that person of criminal 
responsibility unless all of the following elements occur: 
(a) The person was under a legal obligation to obey orders of the superior 
in question; 
(b) The person did not know that the order was unlawful; and 
(c) The order was not manifestly unlawful. 
For the purposes of this section, orders to commit grave child rights 
violations enumerated in Section 7 are manifestly unlawful and shall be 
punished by this Act and other applicable existing laws. 
SECTION 16. 
Unknown Superior - Where the crimes defined and 
penalized under this Act have been committed by a person pursuant to 
an order or command of unknown superior, any person who in fact 
directed the others, spoke for them, signed receipts and other documents 
issued in their name, or who has performed similar acts, on behalf of the 
armed groups shall be deemed the superior. 
CHAPTER 6 
INVESTIGATION, PROSECUTION AND COURT 
SECTION 17. Court, Prosecutors and Investigators - The Family Courts 
shall have original and exclusive jurisdiction over the crimes punishable 
under this Act. 
The Commission on Human Rights (CHR), the Department of Justice 
(DOJ) and its attached agencies, the Philippine National Police (PNP) or 
other 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 Convention on the Rights of the 
Child and its Optional Protocol on involvement of ClAC and related 
international 
instruments, 
International 
Humanitarian 
Law 
and 
International Criminal Law. 
SECTION 1'8. Requirement and Procedures on Age Verification and 
Presumption of Minority - The child involved in, affected or displaced by 
armed conflict shall enjoy the presumption of minority and shall enjoy all 
the rights of a child recognized in this Act and other applicable laws 
unless proven to be eighteen (18) years or older. 


The age of a child may be determined from the child's birth 
certificate, baptismal certificate or any other pertinent documents. In the 
absence of these documents, age may be based on information from the 
child, testimonies of other persons, the physical appearance of the child 
and other relevant evidence. In case of doubt as to the age of the child, 
it shall be resolved in favor of minority. 
Any person contesting the age of the child prior to the filing of the 
information in any appropriate court may file a case in a summary 
proceeding for the determination of age before the Family Court, which 
shall decide the case within twenty four (24) hours from receipt of the 
appropriate pleadings of all interested parties. 
If a case has been filed against the child and is pending in the 
appropriate court, the person shall file a motion to determine the age of 
the child in the same court where the case is pending. Pending hearing 
on the said motion, proceedings on the main case shall be suspended. 
In all proceedings, law enforcement officers, prosecutors, judges 
and other government officials concerned shall exert all efforts at 
determining the age of the child in armed conflict. 
. SECTION 19. Protection of Victims and Witnesses - In addition to 
existing provisions in Philippine law for the protection of victims and 
witnesses, the following measures shall be undertaken: 
(a) The Court shall take appropriate measures to protect the; safety, 
physical and psychological well-being, dignity and privacy of child 
victims and witnesses. In so doing, the Court shall have regard of all 
relevant factors, including age, gender and health, and the nature of 
the crime, in particular, but not limited to, where the crime involves 
sexual or gender based violence or violence against children; 
(b) The Court shall protect the privacy of child victims and witnesses and 
observe confidentiality consistent with existing rules on examination of 
child victims and witnesses; 
(c) Where the personal interests of the child victims are affected, the court 
shall consider the child victim's views and concerns in accordance 
with established rules of procedure and evidence; 
(d) Where the disclosure of evidence or information may be prejudicial to 
the security of the child witness or the family, the prosecution may 
withhold such evidence or information and instead submit a summary 
thereof consistent with the rights of the accused to a fair and impartial 
trial. 


SECTION 20. Reparation to Victims - In addition to existing provisions 
in Philippine law and procedural rules for reparations to victims, the 
following measures shall be undertaken: 
(a) The Court shall follow the principles relating to the reparations to, or in 
respect of, child victims, including restitution, compensation and 
rehabilitation taking into consideration the scope and extent, of any 
damage, loss'or injury suffered by child victims; 
(b) The Court shall make an order directly against a convicted person 
specifying appropriate reparations to child victims, including restitution, 
compensation and rehabilitation; and 
(c) Before making an order under this section, the court may invite and 
shall take account of representations from or on behalf of the 
convicted person, child victims or other interested persons. 
Nothing in this section shall be interpreted to prejudice the rights of 
child victims under national or international law. 
SECTION 21. Immunity from Suit for Persons Providing Assistance -
Any person who shall take custody of children involved in armed conflict 
to ensure their safety or provide them any form of assistance shall be 
exempt from any civil, criminal and administrative liability provided that 
the person shall report it to the Local Social Welfare and Development 
Office (LSWDO), Philippine National Police (PNP) or to the Barangay office 
within forty eight (48) hours. 
CHAPTER 7 
PREVENTION, REHABILITATION AND REINTEGRATION, 
RESCUE, DEMOBILIZATION 
SECTION 22. Prevention - The State shall take all feasible measures to 
prevent the recruitment, re-recruitment, use or displacement of CIAC. It 
shall take all necessary measures to ensure the effective implementation 
and enforcement of the provisions of this Act. Towards this end the State 
shall: 
(a) prioritize children's issues in the peace program of the Government 
and include children's concerns, specifically the effects of armed 
conflicts, in peace negotiations; 
(b) include peace, human rights, and protective behavior skills as 
fundamental subjects in the education system; 
(c) provide educational assistance, whether formal or alternative learning 
system, that is child and culturally sensitive; 
(d) develop and implement training programs and campaign towards 
'promoting a culture of peace and respect for human rights in 
collaboration with civil society organizations; 


(e) provide capacity building for Local Governance and Community 
Development, and ensure the participation of various organizations, 
especially of children's and people's organization at the community 
level. These organizations shall be involved in consultation and 
decision-making 
processes 
and 
in 
the 
development 
and 
implementation of programs, projects and activities established for 
them; 
(f) establish livelihood programs which shall be made available to 
communities in identified priority areas in order to alleviate the living 
conditions of the people; 
(g) make available basic health services in health facilities in identified 
priority areas, Culturally sensitive nutrition program and activities 
including but not limited to supplementary feeding shall also be made 
available, Efforts to support traditional health practices in indigenous 
peoples area shall also be initiated; 
(h) establish basic facilities and infrastructure needed; 
(i) ensure that child protection mechanisms are present and functional; 
and 
(j) establish a comprehensive, effective and 
efficient system for 
monitoring and reporting and response for violations as provided in 
Section 7 of this Ad 
SECTION 23, Rescue, Rehabilitation and Reintegration - The State 
shall institute policies, programs and services for rescue, rehabilitation and 
reintegration of children involved in, affected by or displaced by armed 
conflict, The programs shall aim at providing services for children while 
involving their families, communities and other entities to facilitate the 
children's reintegration process. 
These services shall include but not be limited to psychosocial 
support, health and nutrition, education, livelihood for families and other 
basic services, and legal services as may be necessary. 
Any program interventions shall be designed with due respect to 
the culture of each child, family and community. The child shall, at all 
times, be provided with legal assistance and physical security upon 
rescue. 
The State shall take into account the following in the rescue, 
rehabilitation and reintegration of children: 
(a) Rescue: The state shall 
provide for adequate measures and 
mechanisms to facilitate the recovery, either voluntary or involuntary, 
of children from armed groups or governmental armed forces, It shall 
provide legal and physical security to children involved in armed 
conflict including services such as family tracing and system of referral 
or response on various psychosocial services needed by the victims; 


(b) Rehabilitation: The State shall facilitate the normal development of 
children victims in their post-involvement phase. 
It shall provide 
services including therapeutic counseling, security and protection, 
educational assistance and livelihood opportunities to their parents, 
relatives or guardians or to the victims when they become of age; 
(c) Reintegration: The State shall bring children back to their families or 
communities whenever possible. This shall involve services including 
provision of alternative parental care. Trainings aimed to enhance 
community readiness in the reintegration of these children shall 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. 
SECTION 24. Demobilization of Children Involved in Armed Conflict 
(CIAC)- The State shall take all feasible measures to ensure that children 
recruited or used in hostilities contrary to this Act are demobilized or 
otherwise released from service. 
For the purposes of this Act, demobilization activities shall be 
initiated independent of any negotiated peace agreements. 
The State, through its concerned agencies, in coordination with 
other stakeholders shall have the following duties: 
(a) Develop a child-specific demobilization program. This demobilization 
program should not make as a requirement the surrender of arms by 
CIAC who have assumed non-combatant roles; 
(b) Monitor and document the status of CIAC who undergo either formal 
or informal demobilization process; 
(c) With due regard to the right to privacy of CIAC, their security and 
safety, and considering the confidentiality of records, share data and 
information by both government and non-government organizations 
to assess the needs of demobilized CIAC and to formulate ways to 
address these needs, and be informed of their status and updates of 
demobilized CIAC; 
(d) Mobilize and strengthen networks for referrals; 
(e) Provide free legal assistance to demobilized CIAC ensuring that the 
legal needs of the former CIAC will be addressed, such as, the 
prohibition or stoppage of filing charges or dismissal of cases against 
CIAC as criminal or political offenders irrespective of their association 
with any armed group or force; 
(f) Ensure the formal demobilization of CIAC through various approaches 
such as negotiating through the Government Peace Negotiating Panel 
(GPNP). Other criminal armed groups that utilize children and are not 
involved in formal peace negotiation with the government shall 
however, be dealt, in accordance with peace and order or security 
policy as may be provided by the appropriate government agency. 
Provided, That in any demobilization action, the best interest of the 
child shall prevail. 


' .. 
SECTION 25. 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 child: 
(a) The identity of rescued CIAC shall be protected. 
Any identifying 
information regarding them shall remain confidential; 
(b) Rescued CIAC shall not be used for any political propaganda nor be 
unnecessarily exposed to media in violation of child rights to privacy, 
security and confidentiality of their cases; 
(c) Upon the rescue or surrender of CIAC, the govemment agencies, in 
particular, the Armed Forces of the Philippines (AFP), the Philippine 
National Police (PNP), Department of National Defense (DNDJ, Local 
Government. Units (LGUs), other concerned government agencies 
and/or Non-Governrnent Organizations (NGOs) in possession of CIAC 
shall report immediately within twenty four (24) hours the incident to 
the Local Social Welfare and Development Office (LSWDO) and 
Council for the Welfare of Children (CWC); 
(d) The Local Social Welfare and Developrnent Office (LSWDO) shall 
coordinate with the agency and/or NGO in possession of CIAC for the 
turn-over of custody of CIAC to DSWD; 
(e) The turnover to LSWDO shall take place within 24 hours or in cases 
where turnover is not possible within the prescribed 24 hour period due 
. to valid reasons and without the fault of the person having the custody 
of the child, the turnover shall be done within the next seventy two (72) 
hours; 
(f) The LSWDO shall facilitate the family tracing and coordinate with 
parents, relatives or guardian of the CIAC to inform them of the 
turnover; 
(g) The Local Health Office (LHO) in coordination with the LSWDO shall 
check and assess the medical and physical condition of CIAC In 
cases where medical needs are apparent, the LHO shall ensure that 
medical services or treatment are received by the CIAC; 
(h) The LSWDO shall assess the needs of the CIAC and refer to concerned 
agencies to provide immediate assistance or appropriate services; 
(i) The LSWDO, in coordination with other agencies, shall enter the CIAC 
into the child-specific demobilization programs; 
(j) 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 8 
INVOLVEMENT OF 
GOVERNMENT AND NON-GOVERNMENT ORGANIZATIONS 
SECTION 26. Involvement of Government Organizations (GOs) and 
Nongovernment Organizations (NGOs) - To effectively address the issue of 
CSAC, the Council for the Welfare of Children together with its member 
agencies shall be assisted by the following government organizations 
(GOs) for the proper implementation of this Act: 
(a) Armed Forces of the Philippines (AFPl 
(b) Commission on Human Rights (CHR) 
(c) Department of National Defense (DND) 
(d) Local Government Units (LGUs) 
(e) National Commission on Indigenous Peoples (NCIP) 
(f) National Commission on Muslim Filipinos (NCMF) 
(g) National Disaster Risk and Reduction Management Council (NDRRMC) 
(h) Office of the Presidential Adviser on the Peace Process (OPAPP) 
(i) Philippine Commission on Women 
(j) Philippine National Police (PNP) 
Child-focused non-government organizations (NGOs) in caring for 
CSAC shall take active part in and strengthen their programs on 
protecting these children. 
For proper implementation of this Act, all GOs and NGOs including 
but not limited to those identified herein, shall provide their respective 
counterpart support including but not limited to technical, logistical and 
financial assistance relative to the implementation of programs, projects 
and activities for CSAC, in accordance with their mandate and in 
accordance with existing accounting and auditing rules and regulations. 
All programs should be participatory and should 
involvement 
of 
children, 
their 
communities, 
NGOs, 
organizations or groups, and other concerned groups. 
CHAPTER 9 
MONITORING AND REPORTING 
i 
ensure the 
faith-based 
SECTION 27. Monitoring and Reporting System - The State, through 
the CWC in coordination with other concerned government organizations 
shall ensure the implementation of the provisions of this Act and shall 
submit to the President and to Congress of the Philippines, the annual 
report thereof. 
CWC shall establish and maintain a database for the 
monitoring and reporting of CSAC concerns integrated in its monitoring 
system. 
The CWC may hire additional personnel to complement its present 
Secretariat to perform its functions relative to this Act. 


CHAPTER 10 
TRANSITORY PROVISIONS 
SECTION 28. 
Children Involved in Armed Conflict -
Upon the 
effectivity of this Act, criminal cases against children involved in armed 
conflict 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, 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 corlcemed 
agencies determine and order the appropriate prevention, rehabilitation, 
reintegration programs the person shall undergo as provided in this Act. 
SECTION 29. Inventory of Custody of CSAC - The AFP, the PNP, the 
BJMP, the DSWD, the NCIP, NCMF, and the concerned LGUs are hereby 
directed to submit to the CWe, within ninety (90) days from the effectivity 
of this Act, an inventory of all CSAC under their custody. 
SECTION 30. Children Who Reach the Age of Eighteen (18) Years 
Pending Court Proceedings or in Suspended Sentences - If a child reaches 
the age of eighteen (18) years pending court proceedings, the Family 
Court shall dismiss the case against the person and determine in 
consultation with concerned agencies for the need to undergo 
appropriate rehabilitation and reintegration programs provided in this Act. 
Those with suspended sentences and undergoing rehabilitation at 
the youth rehabilitation center shall likewise be released: Provided, That 
the Family Court shall, in consultation with concerned agencies determine 
and order the appropriate rehabilitation, reintegration programs the 
person shall undergo as provided in this Act. 
SECTION 31. Children Who Have Been Convicted and are Serving 
Sentence. - Persons who have been convicted and are serving sentence 
at the time of the effectivity of this Act and who were below the age of 
eighteen (18) years at the time the commission of the offense for which 
they were convicted and are serving sentence, shall likewise benefit from 
the retroactive application of this Act. They shall be entitled to 
appropriate dispositions provided under this Act and their sentences shall 
be adjusted accordingly. They shall be immediately released if they are so 
qualified under this Act or other applicable law. 
CHAPTER 11 
FINAL PROVISIONS 
SECTION .32. Implementing Rules and Regulations -
The CWC 
together with its member agencies and OPAPP, with the involvement of 
CSOs, shall promUlgate the implementing rules and regulations of this act 
within 90 days from the approval of this Act. All government agencies 
enumerated in Sec. 26 of this Act shall be consulted in so far as the 
drafting of their responsibilities are concerned. 


NGOs involved in caring for CSAC shall likewise be consulted in the 
drafting of the implementing rules and regulations of this act. 
SECTION 33. Appropriations -The amount of Ten Million is hereby 
appropriated to the CWC for the initial implementation of this Act. Said 
amount shall be funded from the gross income of the Philippines 
Amusement and Gaming Corporation (PAGCOR) and shall be directly 
remitted to a special account of the CWC. Thereafter, for the continued 
implementation of this Act, such sums shall be included in the annual 
General Appropriations Act (GAA). 
SECTION 34. Repealing Clause - Article X Sections 22 to 26 of RA 
7610, all laws, acts, presidential decrees, executive orders, administrative 
orders, rules and regulations inconsistent with or contrary to the provisions 
of this Act are deemed amended, modified or repealed accordingly. 
SECTION 35. Separability Clause - If any part or provision of this Act 
is declared invalid or unconstitutional, the other parts thereof not affected 
thereby shall remain valid. 
SECTION 36. 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.