NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
(©ffi'rr of tlif jg>ff rl.:r-’
24 MAR 18 P4 30
SENATE
SB No. 2612
RliCEiVtD i
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROVIDING FOR THE MAGNA CARTA OF CHILDREN 
EXPLANATORY NOTE
At least 129 children were killed in various drug operations during the course 
of the previous administration's war on drugs. More than six years after witnesses 
heard Kian Delos Santos' last words, "Tama na po! May exam pa ako bukas!" before 
he was brutally gunned down by police operatives, it remains a stark reminder of the 
vulnerabilities faced by our young. In a more recent incident unrelated to drugs, 17- 
year old Jemboy Baltazar was also gunned down by authorities in a supposed case 
of mistaken identity. While these incidents may be among those extreme of cases, 
many other instances involving the safety and well-being of children prompt us to do 
more for their protection.
The Constitution provides that "the State shall defend the right of children to 
assistance, including proper care and nutrition and special protection from all forms 
of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their 
development." It is in view of this obligation that the passage of the Magna Carta of 
Children is sought.
The Magna Carta of Children (MCC) is a comprehensive children's human 
rights law that seeks to advocate for all children in the Philippines and all Filipino 
children, through the recognition, protection, fulfillment, and promotion of their 
rights, especially those belonging to the marginalized sectors of society. It is the 
singular, most comprehensive, and cohesive legal framework for children's right to 
protection and development.
As a signatory to the United Nations Convention on the Rights of the Child 
(UNCRC) after its ratification in 21 August 1990, the MCC establishes the Philippine 
government's commitment to the convention to take all appropriate measures to 
respect and ensure the rights of children. It embodies the four basic principles of 
the UNCRC: children's right to non-discrimination, the best interest of children, their


right to life and development, and their right to participation in all matters that affect 
them.
The UNCRC defines a child as a person under 18 years of age. It 
acknowledges the primary role of parents and the family in the care and protection 
of children, as well as the obligation of the State to help them carry out these duties. 
It contains different types of rights and is not ranked in order of importance but they 
interact with one another to form one integrated set of rights. The MCC shall adopt 
a child's rights approach and shall group these articles under the following themes: 
RIGHT TO LIFE AND SURVIVAL, RIGHT TO DEVELOPMENT, RIGHT TO BE 
PROTECTED, and RIGHT TO PARTICIPATE.
The MCC codifies existing legislation and harmonizes it with the provisions of 
UNCRC to protect the rights of children. This shall serve as a guide to the policies of 
the government to protect and fulfill the rights of children with the same general 
human rights as adults and rights that recognize their special needs. This shall also 
strengthen the child-serving institutions of the government and enable all levels of 
the Philippine government to act in the best interests of all Filipino children.
The MCC mandates all government offices, including local government units 
to adopt a comprehensive and integrated strategy through the development and 
implementation of laws, policies, regulatory instruments, administrative guidelines, 
and other appropriate measures to implement the provisions of the MCW and other 
related laws and policies and uphold the rights of Filipino children and create an 
environment that would steer their growth and well-being in all aspects of life.
RISAHO^IVEROS (J
Senator
'jL


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE
SB No. 2612
CE!vE
R
TIME
BILLS & INDEX
INTRODUCED BY SENATOR RISA HONTIVEROS
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that:
a.
AN ACT
PROVIDING FOR THE MAGNA CARTA OF CHILDREN
Be it enacted by the Senate and the House of Representatives in the Philippines 
assembled:
CHAPTER 1 
General Provisions
SECTION 1. Short Title. - This Act shall be known as "The Magna Carta of 
Children".
Sec. 2. Declaration of Policy. It is hereby declared the policy of the State
The State recognizes children as bearers of human rights and values the dignity 
of every child and guarantees respect for the human rights of the child. The 
State shall exert every effort to protect, respect, and fulfill the rights of every 
child as a unique and valuable human being with an individual personality, 
distinct needs, interests and privacy.
The State recognizes that the child is entitled to special safeguards and care 
because of their significant vulnerability, evolving capacity and psychological 
maturity.
The State recognizes the vital role of children in nation-buiiding and shall 
promote and protect their physical, moral, spiritual, intellectual, and social well­
being. It shall inculcate patriotism and nationalism and encourage their 
responsible involvement in public and civic affairs.
The State shall ensure that the institutions, services, and facilities responsible 
for the care or protection of children shall conform to the standards established 
by competent authorities.
As a State Party to the Convention on the Rights of the Child, the State shall 
undertake all appropriate legislative, administrative, and other measures for 
the implementation of the civil and political rights of the child.
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b.


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With regard to economic, social, and cultural rights, the State shall undertake
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such measures to the maximum extent of available resources and, where
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needed, within the framework of international cooperation.
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f. The State shall respect the responsibilities, rights, and duties of parents, the
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members of the extended family or community, as provided by local custom,
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legal guardians or other persons legally responsible for the child.
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g. Consistent with Section 13, Article II of the Philippine Constitution, the State
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recognizes the vital role of the youth in nation-building and promotes and
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protects their physical, moral, spiritual, intellectual, and social well-being. In
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the pursuit of this policy, the State shall abolish all traditional and cultural
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practices and structures that perpetuate discrimination, abuse and exploitation
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of children such as the practice of child marriage. The State also affirms that
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marriage shall be entered into only with the free and full consent of capacitated
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parties, and child betrothal and marriage shall have no legal effect. Pursuant to
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these policies, the State thus views child marriage as a practice constituting
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child abuse because it debases, degrades, and demeans the intrinsic worth and
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dignity of children.
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Sec. 3. Guiding Principles of the Rights of the Child. - As a State Party
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to the Convention on the Rights of the Child, the State shall at all times seek to ensure
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the realization of the Convention by respecting children's rights and avoiding acts or
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omissions that would result in a breach of the Convention, protecting children's rights
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by taking steps to prevent acts or omissions which would result in a breach of the
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Convention and fulfilling children's rights by taking steps to fully implement the
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Convention.
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The State shall adopt a child rights-based approach to child care and protection
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whereas a child shall be viewed as a rights holder and not merely a beneficiary of
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adults' benevolence or others' charity. [CRC GC No. 13, par. 72 (a)]
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Further, the State is guided by the following principles:
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a. Non-discrimination. The State shall respect and ensure the rights of every
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child without discrimination of any kind, irrespective of the child's or their
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parent's or legal guardian's ethnicity or social origin, sexual orientation, gender
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identity, gender expression, color, sex, language, religion, political views or
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opinion, nationality, membership in indigenous cultural communities or
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indigenous peoples (ICC/IPs) property, disability, birth, and other status.
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b. Life, survival, and development. The child has the inherent right to life and
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the State shall ensure to the maximum extent possible the survival and holistic
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development of the child, including the child's physical, mental, spiritual, moral,
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psychological, social and cultural development.
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c. Participation. Children are capable of forming their own views and have the
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right to express those views freely in all matters affecting them. The views of


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the child shall be given due weight in accordance with the evolving capacity of
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the child.
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d. Best interest of the child. In all actions concerning the child, whether
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undertaken by public or private social welfare institutions, courts of law,
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administrative authorities, or legislative bodies, the best interests of the child
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shall be a primary consideration.
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CHAPTER II
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Definition of Terms
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Sec. 4. Definitions - For purposes of this Act, the following terms shall mean:
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a. AIDS refers to Acquired Immune Deficiency Syndrome, a health condition
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where there is a deficiency of immune system that stems from infection with
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the Human Immunodeficiency Virus, making an individual susceptible to
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opportunistic infections.
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b. Child means every human being below the age of eighteen years.
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However, existing laws expanding this definition to beyond eighteen shall
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be accepted.
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c. Child in Conflict with the Law refers to a child who is alleged as, accused
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of, or adjudged as, having committed an offense under Philippine laws.
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d. Child at Risk refers to a child who is vulnerable to and at risk of committing
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criminal offenses because of personal, family, and social circumstances.
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e. Child in Need of Special Protection refers to a child who is abandoned,
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neglected, abused, exploited, with disability, a victim of prostitution and
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pedophilia and other sexual violence, a runaway, engaged in worst forms of
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labor, at risk or in conflict with the law, a child offender, affected by the use
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of illicit drugs, living in street situations, in situations of armed conflict, in
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ICCs/IPs, a child of a person deprived of liberty, affected by the war on
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drugs, living with HIV & AIDS or other sexually-transmitted infections, a
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victim of nature or human-induced disasters, abandoned children or
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abandoned Filipino children in foreign countries, or experiencing any other
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analogous condition prejudicial to their development.
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f. Child in Street Situations (CISS) refers to: (a) child who depends on the
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streets to live and/or work, whether alone, with peers or with family; and
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(b) a wider population of children who have formed strong connections with
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public spaces and for whom the street plays a vital role in their everyday
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lives and identities.
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g. Children as Zones of Peace - shall extend beyond territorial or
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geographical boundaries and shall focus on the person of the child whose
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rights shall be promoted and protected at all times, especially in situations
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of armed conflict or violence.


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h. Child sexual abuse or exploitation material or child sexual abuse 
material refers to any representation, whether offline, or by, through or 
with the use of ICT, by means of visual, video, audio, written, or any 
combination thereof, by electronic, mechanical, digital, optical, magnetic or 
any other means, of a child engaged or involved in real or simulated sexual 
activities, or depicting acts of sexual abuse or exploitation of a child as a 
sexual object. It shall also include materials that focus on the genitalia or 
other private body parts of a child.
i. 
Comprehensive Newborn Screening System refers to a newborn 
screening system that includes, but is not limited to, education of relevant 
stakeholders; collection and biochemical screening of blood samples taken 
from newborns; tracking and confirmatory testing to ensure the accuracy of 
screening results; clinical evaluation and biochemical/medical confirmation 
of test results; drugs and medical/surgical management and dietary 
supplementation to address the heritable conditions; and evaluation 
activities to access long term outcome, patient compliance and quality 
assurance.
j. Convention means those articles of the United Nations Convention on the 
Rights of the Child.
k. Emergency refers to unforeseen or sudden occurrence, especially in 
danger, demanding immediate action.
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HIV refers to Human Immunodeficiency Virus, the virus, of the type called 
retrovirus, which infects cells of the human immune system, and destroys or 
impairs the cells' function, infection with HIV results in the progressive 
deterioration of the immune system.
m. Legal guardian shall be the father and the mother who jointly exercise 
legal guardianship over the person and property of their unemancipated 
common child without the necessity of a court appointment. In the absence 
of the father or mother, those who have been appointed by the court as the 
legal guardian.
Social media refers to forms of media utilizing new information and 
communication technologies. This includes digital platforms, online 
applications, and social networking sites, among others.
Parent-substitute refers to a person other than the biological parent who 
has custody over a child and is primarily responsible for his/her care, and 
physical, moral and intellectual development, such as foster care parents, 
legal guardians and care providers: Provided, that surrogate parents shall 
secure a certification from the proper office of the Department of Social 
Welfare and Development (DSWD) confirming them as a parent-substitute;
p. Surrogate parent refers to any adult member of the family or extended 
family or a caregiver who chose to act as a substitute parent to a child not 
legally under his/her parental authority or care.
n.
0.


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q. Traditional media refers to forms of communication used before the 
internet age including newspapers, radio, television and billboards among 
others.
r. Violence refers to any act against children that causes harm, injury, abuse, 
neglect or negligent treatment, maltreatment, and/or exploitation, whether 
accepted as tradition or discipline, including hindering child development.
s. Violence against children refers to physical maltreatment, emotional 
abuse, sexual abuse, neglect or negligent treatment, or commercial and 
other forms of exploitation, resulting in actual or potential harm to the child's 
health, survival, development or dignity in the context of a relationship or 
responsibility, trust or power. VAC can happen in settings including home, 
school, the community, workplace, public spaces and cyberspace.
CHAPTER III
Duties Related to the Human Rights of Children
Sec. 5. The State as the Primary Duty-Bearer. - The State is the primary 
duty-bearer of child rights. It shall:
a. Respect the rights of the child and refrain from interfering with the child's 
rights.
b. Protect the rights of the child and prevent violations and abuses.
c. Fulfill the rights of the child and take positive actions to realize children's rights. 
This includes that the State shall endeavor to take the necessary steps, in
accordance with the law and with the provisions of the present Magna Carta, to adopt 
such legislative or other measures as may be necessary to give effect to the provisions 
of this Magna Carta.
Nothing in this Magna Carta shall affect any provisions that are more conducive 
to the realization of the rights and well-being of the child contained in other laws or 
in any other policies in force. Any custom, tradition, cultural or religious practice that 
is inconsistent with the rights, duties and obligations contained in this Magna Carta 
shall to the extent of such inconsistency be discouraged.
The duties of the State shall extend to all state agencies, offices, and 
instrumentalities at all levels and government-owned and -controlled corporations, 
subject to the Constitution and pertinent laws that define specific duties of state 
agencies and entities concerned.
Sec. 6. Role of the Parents, Surrogate Parents and Parent-Substitutes.
- The parents or, where applicable, the surrogate parents, parent-substitutes, legal 
guardians or other persons legally responsible for the child shall provide, in a manner 
consistent with the evolving capacities of the child, appropriate direction and guidance 
in the exercise by the child of their rights.


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Sec. 7. Role of the Private Sector. - The private sector shall respect the 
rights of the child and act with due diligence to avoid infringing on those rights. The 
private business sector shali assess and identify its impact on child rights, conduct its 
core business in a manner that respects, protects, and advances those rights and 
address any adverse impacts.
Sec. 8. Role of the Media. Traditional and social media, whether public or 
private, shall disseminate information and material for the social, cultural, spiritual, 
moral well-being, physical, and mental health benefit and development of the child 
and shall undertake international cooperation in the production, exchange, and 
dissemination of information and material. It shall take due regard to the linguistic 
needs of the child who belongs to a minority group, or who is a member of ICCs/IPs 
or those with disabilities. It shall develop appropriate guidelines for the protection of 
the chiid from information and material injurious to their well-being. It shail, likewise, 
respect the child's dignity and privacy and provide a platform that enables children to 
freely participate. The best interests of the child shall be of primary importance and 
shall be taken into account before posting, publishing, airing any material or data 
about the child.
Sec. 9. Role of Civil Society Organizations. Civil society organizations play 
an important role in promoting and safeguarding children's rights and the State shall 
respect their independence. As far as practicable, civil society organizations may work 
together with the State in fulfilling this roie. This includes organizations formed by and 
composed of children and young adults.
Sec. 10. Role of the Education Sector. The education sector shall ensure 
that the education given shall be inclusive and conform to the minimum standards set 
by the State and shall be directed to the development of the child's personality, talents, 
and mental and physical abilities to their fuliest potential, the development of respect 
for human rights and fundamentai freedoms, respect for the child's parents, their own 
cuitural identity, language and values of the country in which the child is living, or may 
originate from, and for cultures different from their own, preparation of the child for 
responsible life in a free society, in the spirit of understanding, peace, tolerance, 
equality of sexes, and friendship among all peoples, ethnic, national and religious 
groups and persons of indigenous origin, and respect for the natural environment. 
Further, school discipline shall be administered in a manner consistent with the child's 
human dignity and in conformity with the Convention.
Sec. 11. Suppletory Effect. - This chapter shall be deemed integrated into 
and be suppletory to other provisions of this Act, particularly those that guarantee 
specific rights to children and define specific roles and require specific conduct of state 
organs.


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CHAPTER IV
THE RIGHT TO LIFE AND SURVIVAL 
TITLE I
General Principles
Sec. 12. Every child has the inherent right to life, survival and development 
irrespective of their background and where they live. Respecting the right to life shall 
include the non-deprivation of life. The death sentence shall not be imposed for crimes 
committed by children.
Sec. 13. Every child has the right to be registered immediately after birth and 
shall have the right from birth to a name, acquire a nationality, and, as far as possible, 
the right to know and be cared for by their parents and family. Should circumstances 
cause late birth registration, the State shall respect and fulfill the child's right to be 
registered in accordance with their best interests and shall ensure the prompt 
registration of the child.
Sec. 14. Every child has the right to the highest attainable standard of 
healthcare and facilities for the treatment of illness and rehabilitation of health 
regardless of age, social status, relationships, gender, sexual orientation, identity, 
expression. The child's capacity to consent to medical procedures in accordance with 
their evolving capacities shall be respected and shall be in accordance with the law. 
Should the child's parent/s or legal guardian/s not be able to give consent or if 
attaining their consent is not in the child's best interest, the State shall intervene as 
parens patriae taking into account the child's best interests at all times.
Sec. 15. Every child has the right to an adequate standard of living, and 
equal opportunities from the earliest stage of life for the child's physical, mental, 
spiritual, moral, and social development.
Sec. 16. Every child has the right to the highest quality of education.
Sec. 17. Every child shall have the right to rest and leisure, to engage in play 
and recreational activities appropriate to the age of the child, and to participate 
freely in cultural life and the arts.
Sec. 18. Every child shall have the right to a clean, healthy and sustainable 
environment.
Sec. 19. The State shall:


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a. Ensure that the institutions, services, and facilities responsible for the care or 
protection of children shall conform to the standards established by competent 
authorities and shall provide intervention and support. Parents and family 
members shall be the primary and preferred carers for their children. 
Institutionalization shall only be used as a last resort and if it is in the best 
interests of the child. The State shall provide aid to parents to better support 
their children's upbringing and well-being through family strengthening 
programs.
b. Protect children from violence in State institutions and by State actors including 
in schools, care centers, youth or residential homes, police custody and justice 
institutions, armed groups and State military forces.
c. Respect the right of the child to preserve their identity, nationality, name, and 
family relations as recognized by law without unlawful interference. The State 
shall ensure the implementation of these rights according to national law.
d. Provide appropriate assistance and protection where a child is illegally deprived 
of some or all of the elements of their identity, with a view to re-establishing 
speedily their identity.
e. Ensure that child shall not be separated from their parents against their will, 
except when competent authorities determine, subject to judicial review, in 
accordance with applicable law and procedure, that such separation is 
necessary for the best interests of the child.
TITLE II
Health and Health Care
Sec. 20. The State shall provide an integrated child-friendly healthcare 
approach to the development of the full range of child health activities considering 
their family and social environment.
Sec. 21. A child-friendly healthcare approach is a rights-based approach based 
on child-specific developmental needs and evolving capacities, ensuring children's 
participation at every level of decision-making, in accordance with their age and 
degree of maturity.
Sec. 22. The State shall endeavor a child-friendly healthcare approach in its 
health services delivery by providing the necessary conditions to ensure that mothers 
and infants receive medical and healthcare services.
Sec. 23. The State shall ensure the following:
a. Access to safe, nutritious, and sufficient food.
b. End all forms of malnutrition, stunting in the first 1,000 days of the child, and 
wasting in children under five years of age.


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c. Address the nutritional needs of adolescent girls, pregnant and lactating 
women.
d. Reduce maternal mortality rate, end preventable deaths of newborns and 
children under five years of age, and reduce neonatal mortality.
e. Universal access to sexual and reproductive healthcare services including family 
planning, information and comprehensive sexuality education, and the 
integration of reproductive health.
f. 
Universal health coverage including quality essential health care services and 
access to safe, effective, quality, and affordable essential medicines and 
vaccines for all, particularly access to routine immunization and to eradicate 
vaccine preventable diseases.
g. Universal and equitable access to safe and affordable drinking water for all.
h. Adequate and equitable sanitation and hygiene for all.
i. Improvement of water and sanitation management by the inclusion of local 
communities.
j. Adoption of programs, plans and policies preventing and reducing non- 
communicable diseases and its risk factors particularly tobacco, alcohol and 
illicit drug use.
k. Integration of road safety education in the curriculum as a public health issue.
Sec. 24. The State shall take all necessary measures to ensure the full 
enjoyment by children with disabilities of all rights defined herein on an equal basis 
with other children. Children with disabilities shall also have the right to be given 
measures of protection in keeping with their physical and moral needs and under 
conditions which ensure their dignity, promote their self-reliance and active 
participation in the community such as the right to reasonable accommodation.
Sec. 25. The State shall protect solo parents, especially their children, against 
discrimination and provide for their inclusion in the development of their competence 
through policies and practices, particularly in employment, finances, government 
benefits, and housing, always taking into consideration the best interests of the child.
Sec. 26. The State shall enact policies and practices that promote and remove 
barriers to breastfeeding and lactation.
Sec. 27. The State shall promulgate a comprehensive newborn screening to 
identify those at increased risk for certain genetic and congenital disorders for which 
early identification treatment may prevent disability and death.
Sec. 28. The State shall enact a child's rights-based approach in the policies 
and programs for the prevention, care, and treatment of HIV and AIDS, ensure 
confidentiality, non-discrimination and non-stigmatization, and the best interests of


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the child shall be the primary consideration. This includes making access to treatment 
and care readily and easily accessible.
Sec. 29. Children should be included in decision-making processes about 
proposed treatment affecting them as well as the effects and outcomes of such 
treatment. This should be done in a manner consistent with the chiid's evolving 
capacities; in case of chiidren with disabilities, the information should be translated in 
formats appropriate and accessible to them. When a child can demonstrate their 
capacity to express an informed view on their treatment, this view shall be given due 
weight.
Sec. 30. Chiidren shali be provided by physicians and heaith-care facilities clear 
and accessible information on their rights concerning their participation in pediatric 
research and ciinical trials. Measures enabling children to contribute their views and 
experiences to the planning and programming of health services affecting them shall 
be put in place. Their views shall be sought on all aspects of health provision, including 
what services are needed, how and where they are best provided, discriminatory 
barriers to accessing services, quality and attitudes of health professionals, and how 
to promote their capacities to take increasing levels of responsibility for their own 
health and development.
Sec. 31. In keeping with existing iaws, children should have access to 
confidential medical counselling and advice without parental consent, irrespective of 
the child's age, where this is needed for the child's safety or well-being. Children may 
need such access where they are experiencing violence or abuse at home, or in need 
of reproductive health education or services, or in case of conflicts between parents 
and the child over access to health services. The right to counseling and advice is 
distinct from the right to give medical consent and should not be subject to any age 
limit.
CHAPTER V
RIGHT TO PROTECTION 
TITLE I
General Principles
Sec. 32. Every child shall have their best interests as a primary consideration 
in all matters involving or affecting them, especially when they need special protection, 
as well as in all measures of prevention.
Sec. 33. The State shall:
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a. Protect children in need of special protection and shall provide intervention and 
support when they become victims of hardship and distress.
b. Take all appropriate legislative, administrative, social and educational measures 
to protect the child from all forms of violence against children, including sexual 
abuse, while in the care of parent/s, legal guardian/s or any other person who 
has the care of the child.
c. Take such protective measures and should, as appropriate, include effective 
procedures for the establishment of child protection systems to provide 
necessary support for the child and for those who have the care of the child, 
as well as for other forms of prevention and for identification, reporting, 
referral, investigation, treatment and follow-up of instances of child 
maltreatment described heretofore, and, as appropriate, for judicial 
involvement.
d. Protect the child against all other forms of exploitation prejudicial to any aspects 
of the child's well-being.
e. Take all appropriate measures to promote physical and psychological recovery 
and social reintegration of a child victim of: any form of neglect, exploitation, 
abuse, cruelty or discrimination; torture or any other form of cruel, inhuman or 
degrading treatment or punishment; environmental harm and climate change; 
or armed conflicts. Such recovery and reintegration shall take place in an 
environment which fosters the well-being, self-respect and dignity of the child.
f. Grant children in conflict with the law procedural rights and to facilitate the 
exercise of these rights by ensuring that children are, themselves or through 
other persons or bodies, adequately informed, represented, and allowed to 
participate in proceedings affecting them before any judicial or administrative 
authority.
TITLE II 
Child Labor
Sec. 34. The State shall recognize the right of the child to be protected from 
economic exploitation and from performing any work that is likely: to be hazardous or 
to interfere with the child's education, or to be harmful to the child's health or physical, 
mental, spiritual, moral or social development. To this end, it shall promote the 
dissemination of information on the hazards of child labor to all sectors of the 
community.
Sec. 35. Children working at younger ages than permitted by laws and 
International Labour Organization Conventions have to be heard in child-sensitive 
settings in order to understand their views of the situation and their best interests.
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Sec. 36. Children should be included in the search for a solution, which 
respects the economic and socio-structural constraints as well as the cultural context 
under which these children work. They should be heard when policies, programs, and 
interventions are being developed to eliminate the root causes of child labor, in 
particular regarding education.
Sec. 7. Children who are already part of the labor force have the right to be 
heard in drafting labor laws and policies to ensure that their best interests and unique 
disposition are considered.
TITLE III
Children and Drugs 
Sec. 38. The State shall:
a. Take all appropriate measures, including legislative, administrative, social and 
educational measures, to protect children from the illicit use of narcotic drugs 
and psychotropic substances as defined in the relevant international treaties, 
and to prevent the use of children in the illicit production and trafficking of such 
substances.
b. Take a public health approach in any intervention on illicit drugs.
c. Protect children actually or alleged as being involved in drug use and 
distribution from being included in the Drug Watch List and subjected to all 
forms of torture, cruel and degrading treatment and punishment, coercion, 
forced admission/confession, arbitrary detention or used as "assets" in 
intelligence or operations.
d. Develop age-appropriate, child-sensitive and responsive intervention, 
rehabilitation, and reintegration programs for children who are drug users or 
dependents.
e. Develop a program to meet the needs of children left behind or orphaned 
because of the anti-illegal drug campaign.
f. Mandate LGUs to form Child Protection Technical Working groups in Anti-Drug 
Abuse Councils (ADACs) to coordinate and cooperate with Local Councils for 
the Protection of Children (LCPCs), which shall oversee the implementation of 
anti-drug abuse programs.
TITLE IV
Sexual Exploitation of Children
Sec. 39. The State shall undertake to protect the child from all forms of sexual 
exploitation and sexual abuse. For these purposes, in particular, take all appropriate 
national, bilateral, and multilateral measures to prevent:
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a. The inducement or coercion of a child to engage in any unlawful sexual 
activity;
b. The exploitative use of children in prostitution or other unlawful sexual 
practices;
c. The exploitative use of children in the development and production of child 
sexual abuse or exploitation material or child sexual abuse material and 
performances.
Sec. 40. The State shall take all appropriate national, bilateral and multilateral 
measures to prevent the abduction of, the sale of, or traffic in children for any purpose 
or in any form.
Sec. 41. Child marriage and the betrothal of children shall be prohibited and 
effective action, including legislation, shall be taken to specify that the minimum age 
of marriage shall be eighteen years and make registration of all marriages in an official 
registry compulsory. Child marriage is deemed as a practice constituting child abuse 
as it debases, degrades, and demeans the intrinsic worth and dignity of children.
TITLE V
Children Affected by Armed Conflict and Displacement
a.
b.
c.
d.
f.
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Sec. 42. The State shall:
Recognize children as zones of peace.
Undertake to respect and to ensure respect for rules of international 
humanitarian law applicable to them in armed conflicts which are relevant to 
the child.
Take all necessary measures to ensure that persons who have not attained 
the age of eighteen years do not take a direct part in hostilities.
Ensure that persons who have not attained the age of eighteen years are not 
compulsorily nor voluntarily recruited into the armed forces or any armed 
groups.
Protect the civilian population in armed conflicts in accordance with its 
obligations under international humanitarian law and shall take all feasible 
measures to ensure the protection and care of children who are affected by 
an armed conflict.
Lodge safeguards to ensure the security and safety of children in times of 
conflict, and to provide means of adequate psycho-social support during and 
afterwards.
Ensure that schools, day care facilities, child caring facilities, and educational 
institutions shall not be used for any purposes in relation to armed conflict.
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Sec. 43. Armed forces and armed groups should not, under any circumstances,
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recruit or use in hostilities persons under the age of 18 years. The State shall take all
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feasible measures to prevent such recruitment and use, including the adoption of legal
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measures necessary to prohibit and criminalize such practices. The application of the
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present section shall not affect the legal status of any party to an armed conflict.
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TITLE VI
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Children Affected By Displacement
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Sec. 44. The State shall ensure that:
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a. In instances where displacement becomes inevitable, authorities, pursuant to
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their respective mandates and functions, prioritize the provision of adequate
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accommodation in conditions that ensure safety, nutrition, water and
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sanitation, as well as health and hygiene for children affected by displacement
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to the highest extent possible.
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b. Children affected by displacement, especially those who are unaccompanied,
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shall be entitled to protection and assistance tailored to their needs, with due
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consideration given to their unique circumstances.
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c. Children affected by displacement, regardless of whether they are located
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within or outside evacuation centers, shall have secure access to humanitarian
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support, including mother-and-child-sensitive and disability-inclusive facilities
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such as sanitary breastfeeding stations, temporary educational facilities, and
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places of worship, among others.
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d. Measures shall be taken to protect children affected by displacement from all
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forms of violence, exploitation, trafficking, forced labor, slavery and
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contemporary forms of slavery, including sale into marriage, and other
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violations against children's rights.
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e. Immediate efforts shall be made to reunite children separated from their
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families due to displacement, with appropriate measures taken to expedite the
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process.
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f. Education for children affected by displacement shall be both free and
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compulsory for early and basic education. Special efforts shall be made to
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facilitate the full and equal participation of all children, including those with
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disabilities, in educational programs, while respecting their cultural identity,
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language, and religion. Educational and training facilities shall be made
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available to them whether or not they are living in evacuation facilities,
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encampments, or other settlements, as soon as circumstances permit.
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g. Children affected by displacement have the right to actively engage in the
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planning and management of their displacement situations, as well as decisions
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regarding return, local integration, or resettlement elsewhere. Their voices and
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perspectives shall be incorporated into decision-making processes concerning
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their well-being and future.
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TITLE VII
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Children in Conflict with the Law
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Sec. 45. The State shall ensure that:
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a. No child shall be subjected to torture or other cruel, inhuman or degrading
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treatment or punishment. Neither capital punishment nor life imprisonment
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without possibility of release shall be imposed for offences committed by
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persons below eighteen years of age.
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b. No child shall be deprived of their liberty unlawfully or arbitrarily. The arrest,
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detention or imprisonment of a child shall be in conformity with the law and
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shall be used only as a measure of last resort and for the shortest appropriate
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period of time.
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c. Every child deprived of liberty shall be treated with humanity and respect for
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the inherent dignity of the human person, and in a manner which takes into
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account the needs of persons of their age. In particular, every child deprived
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of liberty shall be separated from adults unless it is considered in the child's
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best interest not to do so and shall have the right to maintain contact with their
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family through correspondence and visits, save in exceptional circumstances.
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d. Every child deprived of their liberty shall have the right to prompt access to
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legal and other appropriate assistance, as well as the right to challenge the
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legality of the deprivation of their liberty before a court or other competent,
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independent and impartial authority, and to a prompt decision on any such
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action.
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e. Recognize the right of every child alleged as, accused of, or recognized as
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having infringed the penal law to be treated in a manner consistent with the
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promotion of the child's sense of dignity and worth, which reinforces the child's
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respect for the human rights and fundamental freedoms of others and which
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takes into account the child's age and the desirability of promoting the child's
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reintegration and the chiid's assuming a constructive role in society.
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f. In consideration to the relevant provisions of international instruments, shall,
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in particular, ensure that:
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1. No child shall be alleged as, be accused of, or recognized as having
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infringed the penal law by reason of acts or omissions that were not
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prohibited by nationai or international law at the time they were
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committed.
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2. Every child alleged as or accused of having infringed the penal law has
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at least the following guarantees:
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To be presumed innocent until proven guilty according to law;
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ii. 
To be informed promptly and directly of the charges against
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him or her, and, if appropriate, through their parents or legal
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guardians, and to have legal or other appropriate assistance in 
the preparation and presentation of their defense;
iii. 
To have the matter determined without delay by a competent, 
independent and impartial authority or judicial body in a fair 
hearing according to law, in the presence of legal or other 
appropriate assistance and, unless it is considered not to be in 
the best interest of the child, in particular, taking into account 
their age or situation, their parents or legal guardians;
iv. 
Not to be compelled to give testimony or to confess guilt; to 
examine or have examined adverse witnesses and to obtain the 
participation and examination of witnesses on their behalf 
under conditions of equality;
V. If considered to have infringed the penal law, to have this 
decision and any measures imposed in consequence thereof 
reviewed by a higher competent, independent and impartial 
authority or judicial body according to law;
vi. 
To have the free assistance of an translator if the child cannot 
understand or speak the language used in judicial and 
administrative proceedings;
vii. 
To have their privacy fully respected at all stages of the 
proceedings.
g. Provide a variety of dispositions, such as care, guidance and supervision orders; 
counselling; probation; foster care; education and vocational training programs 
and other alternatives to institutional care to ensure that children are dealt with 
in a manner appropriate to their well-being and proportionate both to their 
circumstances and the offence.
TITLE VIII
Children of Indigenous Cultural Communities and Indigenous Peoples
Sec. 46. Every child belonging to ICCs/IPs or of indigenous origin shall have 
the right, in community with other members of their group, to enjoy their own culture, 
to profess and practice their own religion, or to use their own language. The right 
established is conceived to be both individual and collective.
Sec. 47. The State shall take all appropriate measures to eliminate harmful 
social and cultural practices affecting the well-being, dignity, normal growth and 
development of the child and in particular: (a) those customs and practices prejudicial 
to the health or life of the child; and (b) those customs and practices discriminatory 
to the child on the grounds of sex or other status.
TITLE IX
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Sec. 48. The State shall:
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a. Ensure that CISS are safe to move in the streets without fear of repressive
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efforts to prevent begging, loitering, vagrancy, running away or survival
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behavior such as criminalization of status offences, street sweeps or "roundups"
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"rescue" or "reach out", and targeted violence, harassment, and extortion.
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b. Ensure that CISS have access to public areas, spaces and facilities that cater to
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the diverse needs and capacities of children in street situation, including areas
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for economic activities of children and their families, learning, recreation, social
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interaction, and essential services.
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c. Ensure that safeguarding policies are adopted and implemented for the
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prevention and response to exploitation, abuse, harm, and violence that
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permeates the lives of children in street situations.
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Sec. 49. The State shall:
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a. Adopt holistic and long-term strategies and make the necessary budget
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allocations for children in street situations.
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b. Assess laws and policies that can be improved to reflect the recommendations
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of the present general comment.
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c. Develop strategies to address multiple causes, ranging from structural
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inequalities to family violence.
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d. Introduce or review an act on child protection or children based on a child rights
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approach and that specifically addresses children in street situations.
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e. Enhance systems to provide a continuum of care across all relevant contexts,
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including prevention, early intervention, street outreach, helplines, drop-in
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centers, day-care centers, temporary residential care, family reunification,
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foster care, independent living or other short- or long-term care options.
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f. Invest in good quality initial and in-service basic training on child rights, child
30 
protection and the local context of children in street situations for all
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professionals who may come into direct or indirect contact with children in
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street situations, in such areas as policymaking, law enforcement, justice,
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education, health, social work and psychology.
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g. Support local-level, partnership based, specialized interventions on the basis of
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a child rights approach, small and flexible, with adequate budgets, often led by
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civil society organizations with local expertise.
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h. Access of children in street situations who have been victims or are survivors
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of human rights violations have the right to effective legal and other remedies,
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including legal representation.
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i. Development of systematic, rights-respecting, participatory mechanisms to
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collect data and share disaggregated information about children in street
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j. Participation of children in setting the aims and agendas of research and in
gathering information, analyzing and disseminating research to inform
policymaking, and designing specialized interventions.
TITLE X
Emergencies and Calamities
Sec. 50. The State shall secure a response and evacuation plan that will 
continuously cater to the development of the children in such state of emergency and 
after.
Sec. 52. The State shall ensure the emergency plans and protocols are also 
made available in child-friendly versions for children to make informed views and 
decisions concerning his/her safety.
Sec. 53. The State shall ensure that child-friendly spaces are set up when 
children and their families are in temporarily living arrangements due to emergencies 
and calamities.
Sec. 54. The State shall ensure that the child's right to be heard and to express 
his/her views freely concerning their best interest shall not be compromised and 
continue to be given due weight even in emergency situations - either natural or 
human-induced disasters
TITLE XI
CHILDREN SEEKING REFUGEE STATUS
Sec. 55. The State shall take appropriate measures to ensure that a child who 
is seeking refugee status or who is considered a refugee in accordance with applicable 
international or domestic law and procedures shall, whether unaccompanied or 
accompanied by his or her parents or by any other person, receive appropriate 
protection and humanitarian assistance in the enjoyment of applicable rights set forth 
in the Convention on the Rights of the Child and in other international human rights 
or humanitarian instruments to which the State is party to.
Sec. 56. The State shall provide, as it considers appropriate, cooperation in 
any efforts by the United Nations and other competent intergovernmental 
organizations or non-governmental organizations cooperating with the United Nations 
to protect and assist such a child and to trace the parents or other members of the 
family of any refugee child in order to obtain information necessary for reunification 
with his or her family. In cases where no parents or other members of the family can 
be found, the child shall be accorded the same protection as any other child
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permanently or temporarily deprived of his or her family environment for any reason, 
as set forth in the CRC.
TITLE XII 
Identity
Sec. 57. Every child has a right to identity including a name, nationality and 
family relations.
Sec. 58. The State has an obligation that the best interest of the child shall 
be the paramount consideration in any modification to the child's identity.
Sec. 59. The State shall ensure that full records are kept of any modification 
to the child's identity and that they are accessible in perpetuity.
Sec. 60. The State has a responsibility in the speedy restoration of the child's 
incomplete and falsified identity in matters relating to adoption, child brides, child 
soldiers, child trafficking, child in street situations and in other situations.
Sec. 61. The State shall ensure that the best interests of the child and their 
right to identity have been met in cases of Inter-Country Adoption.
Sec. 62. The State shall take positive steps in addressing discrimination under 
the law against a child born to parents who are not married to each other.
CHAPTER VI
THE RIGHT TO DEVELOPMENT 
TITLE I
General Principles
Section 63. Every child has the right to education on the basis of equal 
opportunity and content that reflects the inherent right and dignity of the child. It 
shall be child-centered, child-friendly, and empowering and shall comprise a wide 
range of life experiences and learning experiences to develop their personalities, 
talents, and abilities to live a full and satisfying life within the social order that goes 
past formal schooling.
Section 64. The State shall:
a. Empower the child by developing their skills, learning and other capacities,
human dignity, self-esteem, and self-confidence.
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b. Establish, maintain, and support a complete, adequate, and integrated system 
of education relevant to the needs of the people and society.
c. Establish and maintain a system of free early childhood care and development, 
and elementary and high school levels. Without limiting the natural right of 
parents to rear their children, elementary and high school education are 
compuisory for all children of school age.
d. Establish and maintain a system of scholarship grants, student loan programs, 
subsidies, and other incentives which shall be available to deserving students 
in both public and private schools, especially to the underprivileged.
e. Take measures to encourage regular attendance at schools and the reduction 
of drop-out rates and ensure that school discipline is administered in a manner 
consistent with the child's human dignity and in conformity with the 
Convention.
f. Promote and encourage international cooperation with a view to contributing 
the elimination of ignorance and illiteracy and facilitating access to scientific 
and technical knowledge and modern teaching methods.
g. Encourage non-formal, informal, and indigenous learning systems, as well as 
self-learning, independent, and out-of-school study programs and provide the 
child life skills to strengthen the child's capacity to enjoy the full range of human 
rights.
h. Promote a culture infused by appropriate human rights values through a 
balanced approach that reconciles diverse values through dialogue and respect 
for differences in values to overcome the boundaries of religion, nationality and 
culture.
i. 
Respect and promote the right of the child to participate fully in cultural and 
artistic life and shall encourage the provision of appropriate and equal 
opportunities for cultural, artistic, recreational, and leisure activities.
j. 
Ensure that a child who is subjected to schools or parental discipline shall be 
treated with humanity and with respect for the inherent dignity of the child and 
in conformity with the UN CRC and this Magna Carta.
Section 65. Education of the child shall be directed to the development of 
respect for human rights and fundamental freedoms and for the principles enshrined 
in the Charter of the United Nations, the Department of Education shall include human 
rights education in its curriculum at all grade levels.
Section 66. The curriculum shall cover the UN Convention on the Rights of 
the Child and its Optional Protocols, as well as other international human rights 
instruments that the Philippines may have or have not yet ratified.
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Section 67. Human rights education shall also be integrated in the alternative 
learning system for children.
Section 68. Teachers and child development workers shall be provided with 
pre-service and continuous in-service Teacher Education Programs to develop 
knowledge and skills to teach human rights education.
Section 69. Education authorities shall take all appropriate measures to ensure 
that children who become pregnant before completing their education shall have an 
opportunity to continue with their education on the basis of their individual ability.
CHAPTER VII
THE RIGHT TO PARTICIPATE 
TITLE I
General Principles
Section 70. Every child is a right holder and has a right to participate according 
to their evolving capacities, to express their views, to have them heard and given due 
weight in accordance with their age and maturity.
Section 71. The State shall provide children a supportive and enabling 
environment to carry out their own initiatives to fully participate at national and local 
levels in the conceptualization, design, implementation, coordination, monitoring, and 
review of policies and programs that affect them.
Section 72. The State shall recognize the right of the child to freely and safely 
participate in all matters_concerning their best interest by ensuring the availability of 
platforms and capacity-building mechanisms, and the establishment of a safe and 
enabling environment.
Section 73. Children with disabilities shall be provided with reasonable 
accommodation. They shall be equipped with, and enabled to use, any mode of 
communication, including sign language, Braille, Easy Read, or other alternative and 
augmentative modes of communication necessary to facilitate the expression of their 
views.
Section 74. Efforts must also be made to recognize the right to expression of 
views for minority, indigenous and migrant children and other children who do not 
speak the majority language.
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Section 75. Non-verbal forms of communication including play, body 
language, facial expressions, and drawing and painting, through which very young 
children demonstrate understanding, choices and preferences, should be recognized 
and respected.
Section 76. Children's participation in safe and wholesome recreational and 
cultural activities shall be ensured by providing the means and infrastructure necessary 
for all children, regardless of ethnicity, age, gender, physical and mental states, social 
class, and geographical location.
Section 77. Institutional support and capacity development must be provided 
to service providers/professionals working with children on how to ensure 
implementation of child participation principles and strategies consistent with the 
National Framework on Child and Youth Participation as well as the Guidebook on 
Child Participation.
Section 78. Children shall be given the opportunity to be heard directly, or 
through a representative or an appropriate body, in a judicial or administrative 
proceeding. A child-appropriate and accessible environment shall be provided wherein 
procedures are employed to protect the best interests of the child. Children also have 
the right to remain silent and no adverse inference should be drawn when they elect 
not to make statements. Children should be completely aware of the processes 
involved and the stages they will have to go through.
For children in conflict with the law, the State shall consider the developmental age of 
the child and the desirability of the child's reintegration in the assumption of a 
constructive role in society in accordance with the principles of balanced and 
restorative justice.
Section 79. In cases affecting family relations or where the child is an 
interested party, the child shall be given opportunity to express their views. These 
views shall be considered in the decision-making process of the court.
The right to be heard, in this case, applies both to proceedings which are initiated by 
the child, such as complaints against ill-treatment and appeals against school 
exclusion, as well as to those initiated by others such as parental separation or 
adoption.
Section 80. The Rules on Examination of a Child Witness shall be applied to 
accommodate the right to be heard of the child victim or witness. Procedural rules 
under RA 9344 or Juvenile Justice Welfare Act, as amended, shall also be strictly 
adhered in dealing with a child in conflict with the law, taking into account their distinct
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circumstances, while assuring all parties of a fair hearing with each party's 
constitutional and statutory rights recognized and respected. Appropriate disposition 
measures shall be implemented by law enforcers, social services and the court.
Section 81. The child shall be heard with regard to all matters affecting them 
such as education, health, environment, living conditions, or protection.
Section 82. Safe spaces shall be created in order to allow the child to express 
their needs, wishes, or concerns, particularly as regards to what should be deemed 
their best interests and how such interests can be protected. The special 
circumstances surrounding the child shall be likewise taken into account and that he 
or she shall have primary involvement in any decision or plan concerning their future. 
The child shall be given the opportunity to communicate their experiences and shall 
be provided with all relevant information tailored in a language understood by him or 
her.
Section 83. No restrictions shall be placed that curtail the children's freedom 
of expression, except in the interest of national security, public safety, or public health, 
as may be provided by law. The restriction should not undermine or jeopardize the 
essence of the right; they should not be arbitrary or unreasonable; and they should 
be proportionate and kept under review.
Section 84. Children shall be protected from harm, such as bullying, arising 
from the expression of their views.
Section 85. Government agencies, LGUs, civil society organizations and the 
private sector must provide sufficient time, skills and child-friendly information for 
children to provide their inputs and recommendations.
Section 86. Government agencies, LGUs, civil society organizations and the 
private sector must ensure that children with disabilities, children from ICCs/IPs, and 
other children in vulnerable sectors are consulted.
TITLE II
Family and Alternative Care
Section 87. Evidence-based positive parenting programs for young children 
and adolescents shall be provided to strengthen parent-child relationships, promote 
positive parenting practices and sustain nurturing relationships between parents or 
caregivers and their children and thereby preventing and reducing the risk of violence 
against children and child maltreatment at home and in the community.
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Section 88. Positive parenting programs and interventions shall be designed 
to promote young people's mental health and their active participation must be elicited 
to promote a child-friendly environment to support and sustain parent/parent- 
substitute/surrogate parent-child relationships at home and in temporary child-care 
facilities and foster homes. This shall be guided by the National Parenting Framework 
that will be developed by the DSWD.
Section 89. The DSWD, LGUs and other government agencies and civil society 
organizations, guided by the National Parenting Framework, shall promote and 
support age appropriate interventions and active consultations with children in the 
design and implementation of positive parenting interventions and practices towards 
building positive parent-child relationships and in the promotion of alternatives to 
violent discipline to contribute to the prevention and management of disruptive child 
behaviors, and the reduction of parental stress and depression in all home settings 
and residential care facilities and the facilitation of Family Reunification and 
Reintegration.
Section 90. Children in residential facilities shall be included in the formulation 
of policies and monitoring and evaluation of programs, services and activities to ensure 
that these are responsive to their needs.
Section 91. The Department of Education and the Early Childhood Care and 
Development Council,, in partnership with the Local School Board, LGUs, and the 
Barangay Council for the Protection of Children, guided by DepEd's Child Protection 
Policy shall promote and sustain age-appropriate interventions and active 
consultations with children in designing and implementing positive parenting 
interventions and practices towards building positive teacher-parent-child 
relationships and in promoting alternatives to violent discipline to contribute to the 
prevention and management of disruptive child behaviors, the increase of school 
performance and achievement, the prevention of school drop-outs and the reduction 
of parent-teacher stress and depression in the context of blended education setting.
TITLE III
Education and School
Section 92. Children, whether in schools or out of school and regardless of 
ethnic or social origin, color, sex, language, religion, political or other opinions, 
national, property, disability, birth, or status, shall be given the space to freely express 
their views on matters affecting the fulfillment of their right to education. These views 
shall be given due weight in the decision-making processes.
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Section 93. The children may be consulted or provide their inputs individually 
or through their selected representatives in the student governing bodies.
Section 94. The Department of Education shall:
a. Ensure that each school will have a student governing body, the Supreme Pupil 
Government for elementary, and the Supreme Student Government for junior 
high school and senior high school. The elections for the student governing 
body shall embody the ideals, principles and practice of participatory democracy 
and citizenship.
b. Provide a platform for children to provide inputs to the development of the 
school curriculum and the school's structure of the day and activities and shall 
provide support to all schools in gathering inputs from children.
c. Provide a platform for children to review, evaluate, and suggest 
improvements to school policies and programs as well as the school's physical 
environment,
d. Provide support to all schools in gathering inputs of children.
Section 95. No restrictions shall be placed in schools that will curtail the 
children's freedom of association and freedom of peaceful assembly, except in the 
interest of national security, public safety, or public health, as may be provided by 
law.
Section 96. Children who are expressing their views regarding the school 
curriculum, school policies, and other school matters shall be protected from all forms 
of violence against children under the Department of Education's Child Protection 
Policy.
Section 97. The children's expression of views may include, but not limited to, 
spoken, written and sign language and such non-verbal expression as images and 
objects of art. Children's means of expression may include, but not limited to, 
newspapers, pamphlets, posters, banners, digital and audiovisual media, as well as 
dress and personal style.
Section 98. All educational institutions shall have child-friendly and accessible 
complaint mechanisms and shall provide clear information on how children can make 
complaints through these mechanisms.
TITLE IV
Play, Recreation, Sports and Cultural Activities
Section 99. The Department of the Interior and Local Governance and the 
LGUs shall provide a platform for children in the development planning cycle. Children
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shall be given the space to freely express their views on matters affecting the 
fulfillment of their right to play, recreation, sports, and cultural activities. These views 
shall be given due weight in the decision-making processes.
Section 100. LGUs and government agencies such as, but not limited to, the 
Department of the Interior and Local Government, Department of Education, 
Department of Environment and Natural Resources, Department of Public Works and 
Highways, Department of Transportation and Communications, Department of 
Tourism, Department of Trade and Industry - shall require the private sector to 
conduct consultations with children on the planning, implementation, and evaluation 
of urban and rural development proposals/projects; the development and 
maintenance of educational environments, such as public libraries; and the 
development and maintenance of public parks including freedom parks, playgrounds, 
and sports facilities and equipment, and other similar facilities.
Section 101. Children shall be consulted about the accessibility and 
appropriateness of urban and rural development proposals/projects as well as their 
impact on children's access to nature, exposure to unsafe and hazardous 
environments, and conservation of their cuiture.
Section 102. Children shall enjoy their freedom of expression, freedom of 
association, and freedom of peaceful assembly in voicing out their dissent against 
urban and rural development proposals/projects that they deem to curtail the 
enjoyment of their right to play, recreation, sports, and cultural activities.
TITLE V 
Media
Section 103. Children shall be given the space to freely express their views 
on matters affecting the fulfillment of their rights in traditional and social media. These 
views shall be given due weight in the decision-making processes.
Section 104. Children shall have access to information and material from a 
diversity of national and international sources, especially those aimed at the promotion 
of their social, spiritual, and moral well-being and physical and mental health.
Section 105. Children should have access to information conveyed in a 
culturally-sensitive manner and in a language that they understand, including sign 
language and Braille.
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Section 106. Children shall be consulted by traditional media companies in 
the development of programs, programming, or publications subject to the principles 
of child participation.
Section 107. Children shall be consulted by social media companies in the 
development of policies subject to the principles of child participation.
Section 108. Children have the freedom to seek, receive and impart 
information and ideas of all kinds, regardless of frontiers, either orally, in writing or in 
print, in the form of art, or through any other media of the child's choice.
Section 109. Children shall be made aware of how to make complaints should 
their freedom of expression using traditional and social media is violated.
Section 110. Children shall have an absolute right to privacy. The highest 
ethical and professional
standards in reporting and covering cases of children must be observed such that in 
all publicity concerning children, the best interests of the child shall be the primary 
concern.
TITLE VI
Situation of Violence
Section 111. The State shall ensure that:
a. All children regardless of gender, ethnicity, religion, educational background, 
disability, or nationality, most especially the marginalized and disadvantaged, 
are included in consultations and enabled to genuinely participate in drafting 
laws and policies, implementation plans, and evaluation concerning violence 
against children.
b. Children should be fully informed of any policies, laws, or programs designed 
to protect them from any form of violence.
c. All efforts must be taken to ensure that children are not excluded from 
consultations concerning the creation of legislations and formulation of policies 
aimed towards their protection.
d. Support be given to child-led initiatives made to address and combat violence 
against children.
e. Child-led organizations must be included in the establishment and evaluation 
of anti-violence programs to ensure that children play a key role in the 
advancement of their own protection.
f. All children are aware of and understand their right to be protected from all 
forms of violence.
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g. Provide effective and child-friendly mechanisms that allow children in situations 
of violence to reach out and be heard and enable them to report instances of 
violence committed against them.
TITLE VII 
Child Participation
Section 112. The State shall ensure that genuine children's participation is 
recognized and enabled in national and international platforms by establishing 
appropriate structures in the government and through bilateral and multilateral 
international cooperation.
Section 113. The State shall establish and maintain linkages with international 
child and child-serving organizations, institutions, and counterpart agencies of foreign 
governments through the Philippine National Children's Conference (PNCC) to ensure 
the participation of Filipino children in international functions and affairs.
TITLE VIII
Federation of Local Children's Associations
Section 114. All LGUs at the municipal, city, and provincial levels shall 
recognize and institutionalize their Federation of Local Children's Associations (FLCAs) 
as the primary mechanism to ensure children's participation in the planning, 
budgeting, monitoring, evaluation, and child-led advocacy at the local level. The FCLA 
will also serve as a body that provides inputs and recommendations to ensure a child- 
centered lens in the development of plans, programs, and activities of the LGU as 
guided by the Council for the Welfare of Children's Guidelines on the Establishment of 
Local Children's Associations.
Section 115. The functions of the FCLA include the following:
a. Review and provide strategic inputs to the development plans and budgets of 
the LGU.
b. Develop their own sectorial and strategic plan to be integrated on the sectorial 
and development plans of LGUs based on consultations conducted by the LCA 
representatives.
c. Present challenges and recommendations related to children's issues and 
concerns to be considered in the plans of the LGU and responded to and acted 
upon by the relevant LGU councils and offices such as Local Development 
Council, Local Council for the Protection of Children, and Local Youth 
Development Council.
d. Review Comprehensive Development Plans and other local plans to check if 
their recommendations are properly integrated.
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e. Conduct children-led advocacies and children conferences together with LCPC
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and in partnership with children's civil society organizations and relevant LGU
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offices.
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f. Facilitate children-led consultations on the issues that affect children which
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should be considered in the plans, programs, and activities of the LGU.
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g. Conduct children-led monitoring of the status and progress of the plans and
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commitments of the LGU.
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h. Participate in the evaluation and assessment to ensure the effectiveness of LGU
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plans, programs, and activities to address children's concerns.
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Section 116. In the creation and composition of the FLCAs, the LGU shall
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ensure:
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a. Inclusion of children with age ranging from 10-17 years old.
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b. That FLCAs shall be created only upon the desire and determination of the
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children to assemble and create an association to be led by them. No child shall
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be compelled to establish, lead or become a member of an FLCA. LGUs and
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CSOs may encourage and assist in the establishment of FLCAs but shall, in no
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way, compel children to create such an organization in exchange of any
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consideration.
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c. That the FCLA shall be composed of child representatives from all LCAs
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registered and recognized in the LGU.
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d. That every child shall be entitled to membership in any FLCA without
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discrimination of any kind, regardless of the child's or his or her parent's or
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legal guardian's ethnicity, sex, language, religion, abilities or any other status.
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e. That children representatives should include, but are not limited to:
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1. Children in education
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2. Children who are members of ICCs/IPs
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3. Children with disabilities
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4. Children in need of special protection
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5. Children-at-risk
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6. Children in conflict with the law
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7. Out-of-school children
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8. Children of diverse SOGIESC
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9. Children in situations of armed conflict
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10. Children in street situations
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11. Working children
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12. Children from inter-faith groups
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f. That the selection and nomination of FLCA members shall take into
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such as securing consent from children and their guardians and confidentiality
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of their identities.
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Composition at the local level: A provincial/city/municipal LGU shall ensure
children representatives from each sector. Ideally, all municipalities/cities in the
province must have at least one representative.
Section 118. Selection and induction of the FLCA members shall commence 
not later than November to coincide with the celebration of Children's Month each 
year.
Section 119. The FLCA at the municipal/city level shall be under guidance of 
the Local Social Welfare and Development Office or if there are existing LCPC 
secretariat offices. There shall be an assigned focal person who will provide guidance 
to the creation, institutionalization, and implementation of FLCA activities.
Section 120. Operational funds necessary for the conduct of the activities of 
FLCA shall be funded as part of the LCPC funds.
Section 121. An enabling environment shall be provided to the FLCA. This 
primarily includes provision of capacity development activities, trainings, and 
operational support from the LGU. Regular capacity building activities shall be provided 
to cover building the capacities of FLCA on leadership, planning, monitoring, and 
development of child-led advocacies. Age-appropriate and gender-sensitive 
approaches shall be taken into consideration in the design of the capacity development 
activities.
Section 122. The LCPC to be led by the LSWDO Focal person shall initiate 
capacity-building activities for the FLCA upon composition of the group. The Regional 
Sub-Committee on the Welfare of Children (RSCWC) shall provide technical assistance 
to the LCPC in the capacity building of the FLCA. The capacity development plan for 
the FLCA shall be submitted by the LSWDO to the RSCWC.
Section 125. RC/SCWC shall lead in the monitoring of the implementation of 
LGUs on the institutionalization and progress of the strategic plan of the FLCA.
Section 126. FCLA members shall receive an honorarium for every meeting 
attended the amount of which shall be determined by the LGU.
Section 128. The State shall acknowledge the FLCA as the consultative body 
for children-related budgetary concerns.
TITLE XII 
Governance
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Section 129. The State shall:
a. Ensure that the views of children on laws, policies, judicial and administrative 
procedures, and other matters concerning their best interest and the 
implementation thereof, are given due weight by explaining in a child-friendly 
manner how such views were considered and applied, and the outcomes they 
led into.
b. Make budget proposals and appropriations available in child-friendly version to 
inform and engage children of the budget processes affecting his/her well­
being.
c. Make available to the public through various media the child-sensitive and 
disability-inclusive version of appropriations.
d. Provide means of consultation regarding the needs of the children that must be 
taken In utmost consideration in appropriations.
TITLE XIII
Ombudsman for Children
Section 130. Consistent with its constitutional mandate and functions, the 
CHR is hereby designated as the Ombudsman for Children (Child Ombud). In general, 
as the Child Ombud, the CHR shall:
a. Advocate for the promotion and protection of children's rights;
b. Strengthen its Child Rights Education Program;
c. Investigate violations including those committed by private institutions or by 
private individuals;
d. Monitor the government's compliance with its treaty obligations particularly the 
UNCRC; and
e. Recommend appropriate measures to Congress and the concerned 
departments of the government for its prompt and immediate action on matters 
affecting children.
Section 131. In order to protect and promote children's rights, the CHR as 
Ombud for Children shall have the following functions:
a. Endeavor to represent the rights and interests of children in view of the 
Philippine's commitments under the UNCRC through submission of independent 
reports to the Committee on Rights of the Child.
b. Monitor and assess the implementation of children's rights in the Philippines, 
particularly the domestic implementation of the UNCRC. It shall undertake to 
regularly prepare and submit an independent report to the State's report on 
the status of children's rights in the Philippines to the UN Committee on the 
Rights of the Child.
c. Monitor with the Philippine Commission on Children (PCCh) and other 
concerned agencies, compliance with the Act. In developing indicators and
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issuance of guidelines for its implementation by concerned agencies, CHR shall 
ensure that the human rights of children, specifically their right to survival, 
development, protection and participation are promoted and guaranteed. As 
such, the best interest of the child is the primordial consideration at all times.
d. Establish avenues, processes, guidelines and mechanisms that will facilitate 
access of children to legal remedies under the Act and other related laws, and 
enhance the protection and promotion of the rights of children, especially the 
vulnerable and marginalized children.
e. Assist in the filing of cases against individuals, agencies, institutions, 
organizations or establishments that violate the provisions of the Act. For this 
purpose, the CHR shall:
1. Provide legal assistance such as preparation of necessary pleadings, 
referral letters, and counseling;
2. Enter into Memoranda of Agreement with Bar Associations, NGOs, law 
firms, civil society organizations and academic institutions providing legal 
aid to ensure adequate and competent legal representation for 
complainants;
3. Accredit lawyers who will accept pro bono cases under the Act; and
4. Create an efficient system of case referrals to appropriate government 
departments or agencies.
Victims of violations of the Magna Carta of Children shall be considered victims of 
human rights violations, and shall be entitled to other forms of assistance available in 
the CHR.
f. Submit to Congress, while furnishing a copy to the Philippine Commission on 
Children annually an assessment report on the implementation of the Magna 
Carta. It shall also submit its recommendations, which shall include the filing of 
any possible administrative or criminal action. Acting on the CHR's 
recommendations, the Office of the President, the Civil Sen/ice Commission, or 
other concerned agencies may issue any of the following:
Administrative and/or Executive Orders 
Memorandum Circulars 
Proclamations 
iv. Resolutions, and 
V. Other advisories or issuances
g. Advise and propose to the Government the adoption or amendment of laws, 
programs, policies or measures that promote the rights and interests of 
children;
h. Ensure child participation in all its programs and undertakings where 
appropriate. It shall establish programs that will increase the knowledge of 
children of their rights. It shall, likewise, promulgate rules that will facilitate 
regular consultations with children on issues concerning the realization of 
children's rights;
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i. 
Undertake, promote or publish research and conduct advocacy activity on 
matters relating to the rights and welfare of children;
j. Work in collaboration and coordination with stakeholders in dealing with 
issues concerning children.
Section 132. The CHR En Banc shall designate one (1) focal Commissioner, 
who, together with the Chiid Rights Center (CHR-CRC), shall be primarily responsible 
for spearheading and overseeing the discharge of the functions of the CHR as Child 
Ombud. In particular, they shall spearhead and oversee the formulation of protocols, 
guidelines, policies and the implementation of programs and activities related to the 
promotion and protection of the rights of children.
Section 133. The Regional Offices of the Commission shall discharge the 
functions of the Ombud for Children within their respective jurisdictions in 
collaboration with the Local Council for the Protection of Children (LCPC), and Local 
School Boards. They shall implement programs, undertake investigations of 
complaints of discrimination and violations of rights under the Magna Carta.
Section 134. Within one (1) year from the adoption of the Rules and 
Regulations, the CHR with the assistance of the DBM shall rationalize the structure 
and its staffing pattern particularly of the CHR-CRC and the Regional Offices to 
effectively and efficiently execute its functions.
TITLE XIV
PHILIPPINE COMMISSION ON CHILDREN
Section 135. There is hereby created a Philippine Commission on Children 
(PCCh), which is an independent and autonomous body that has the status akin to a 
national government agency (NGA). It shall be attached to the Office of the President. 
The creation of the Commission abolishes the Council for the Welfare of Children 
(CWC). The appropriations, personnel, programs, and activities of the CWC, including 
its membership to existing committees, councils, and other inter-agency bodies, shall 
be transferred to the Commission.
Section 136. The Commission shall be composed of a Board of Commissioners 
headed by the Chairperson. The Chairperson and the members of the Board of 
Commissioners shall be appointed by the President for a term of three (3) years, 
subject to one (1) reappointment. The Board of Commissioners shall be composed of 
the following members:
a. One (1) Commissioner-at-Large;
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b. Four (4) Commissioners on Child Protection, Child Health and Nutrition, Child
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Development, and Child Participation;
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c. Executive Director of the Commission; and
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d. A Child Representative.
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The Chairperson of the Commission shall have the rank and privileges of a Department
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Secretary. The appointive Commissioners shall have the rank and privileges of a
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Department Undersecretary. They shall be entitled to compensation and other
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emoluments and shall be subject to the same disqualification.
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The Child Representative shall be selected through a transparent and participatory
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selection process through the Philippine National Children's Conference (PNCC),
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ensuring that the chosen representative reflects the diverse voices and experiences of
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Filipino children across the country. The Child Representative shall be an active
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member of a legitimate children's organization and shall be appointed by the President
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for a term of three (3) years, subject to one (1) reappointment.
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Section 138. To achieve the objectives of the Commission, it shall have the
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following powers and functions:
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a. Provide leadership in the formulation of policies and the setting of priorities and
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direction of all child promotion and development programs and activities;
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b. Act as the leading advocate for child rights and wellbeing, promoting their
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integration into all relevant government policies, plans, and programs;
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c. Formulate integrated national plans, policies, programs, and projects including
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services relative to the development of general welfare and protection of the
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best interests of the child;
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d. Coordinate the implementation and enforcement of policies, plans, and
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programs relative to the promotion and protection of children's rights and
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e. Set up a system of networking and coordination with and among all existing
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government agencies and non-government organizations (NGOs) for the
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f. Serve as an oversight body over committees, councils, and other structures and
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recommend areas of convergence for improved and efficient coordination,
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information-sharing, and monitoring of the safety and well-being of a child;
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g. Review, monitor, and evaluate all local and international policies, plans, and
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programs on the rights of the child, by establishing a monitoring and evaluation
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system that shall serve as the primary monitoring, evaluation, and reporting
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tool of the Commission;
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h. Ensure the establishment of a 24/7 monitoring, reporting, and response system
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that would cater to all children's concerns;
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i. Provide technical assistance and capacity building at all levels for the effective
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implementation of policies, plans, and programs of the Commission, especially
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those that involve the setting up or strengthening of mechanisms for, by, and 
with children;
Maintain strong partnerships with the LCDs and local communities to facilitate 
closer collaboration, tailored interventions, and responsive action to the specific 
needs of children at the grassroots level;
Mobilize resource assistance and call upon and utilize NGAs, LGUs, and other 
public and private instrumentalities, for such assistance as it may require in the 
performance of its functions;
Ensure convergence of efforts in addressing children's issues and concerns 
among council and committees through improved and efficient coordination in 
planning, data-sharing, and aligning monitoring and oversight practices; 
Submit an annual comprehensive report on its activities and accomplishments 
to the President and to Congress;
Accept grants, contributions, donations, endowments, bequests, or gifts in 
cash, or in kind from local and foreign sources in support of the development 
and implementation of child rights and welfare programs and plans: Provided, 
That in case of donations from foreign governments, acceptance thereof shall 
be subject to prior clearance and approval of the President of the Philippines 
upon recommendation of the Secretary of Foreign Affairs; Provided, further. 
That such donations shall not be used to fund personal services expenditures 
and other operating expenses of the Commission; and 
Perform such other functions as may be necessary to effectively carry out the 
provisions of this Act.
Section 139. The Commission shall be supported by a Secretariat that will 
serve as its executive arm to be headed by an Executive Director, who shall take 
charge of the day-to-day operations of the Commission and shall serve as a member 
of the Board of Commissioners. The Executive Director shall take charge of the 
administration, direction, and supervision of the Secretariat and ensure the 
implementation of the Commission's resolutions and decisions.
There shall be two (2) Deputy Executive Directors, who shall assist and advise the 
Executive Director on child-related concerns and on the overall direction and 
supervision of the day-to-day operations of the Secretariat. They may take charge of 
any special projects and programs assigned by the Executive Director.
The Executive Director and Deputy Executive Directors shall be appointed by the 
President and shall respectively have the rank, privileges, and emoluments of a Career 
Executive Service Officer I and Career Executive Service Officer II and shall receive 
other allowances and benefits as may be provided by law.
The Commission shall determine its organizational structure and create new bureaus 
as it may deem necessary and shall appoint its officers and employees in accordance 
with the civil service law, rules, and regulations.
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Section 141._The Convergence of Councils and Committees on Children (4Cs) 
shall be created as a system of collaboration and coordination among all Councils and 
Committees to specifically address concerns on children. It shall ensure effective and 
harmonious work relationships among all structures on children and address their 
issues at the national, regional, and local levels.
Section 142. The Commission shall take the necessary measures to ensure 
the implementation of its National Plan of Action for Children and all other related 
frameworks in all the geographic regions of the country through the establishment of 
Regional Offices on Children under the Commission Secretariat.
Further, pursuant to Republic Act No. 4881, there shall be a LCPC at all levels, which 
shall spearhead the development and implementation of the Local Development Plan 
for Children, Local Investment Plan for Children, and the Local Code for Children. The 
LCPC shall submit to their respective Regional Office on Children an annual Local State 
of Children's Report for consolidation and submission to the Commission Secretariat. 
In recognition of the crucial role of LCPCs in promoting child well-being at the local 
level, their annual budget allocation shall be increased from the current one percent 
(1%) to at least two percent (2%) of the total annual budget appropriations of their 
respective LGUs.
The Commission on Audit (COA) shall, together with the Commission, conduct an 
annual audit on the use of the allotted budget to determine its judicious use and the 
efficiency and effectiveness of interventions in addressing child-related issues towards 
the realization of the objectives of the country's commitments, plans, and policies on 
children.
TITLE XV
Philippine National Children's Conference (PNCC)
Section 144. The Philippine National Children's Conference (PNCC) shall be a 
biennial event facilitated by the Philippine Commission on Children (PCCh), that shall 
serve as a platform to promote the right of children to participate in all matters 
affecting their lives. It is also a mechanism for consultation on how children can be 
actively engaged by the government and non-government agencies in addressing 
children's issues and have an appreciation of current and emerging issues affecting 
them. The Philippine National Children's Conference shall be held after the Local and 
Regional Children's Conference.
Section 145. The PNCC shall also serve as the in-country process for selecting 
children delegates to the ASEAN Children's Forum (ACF).
CHAPTER VIII 
FINAL PROVISIONS
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Section 146. Monitoring and Reporting System. - The State, through the 
PCCh, 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.
Section 147. 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 
concerned departments/agencies in the annual General Appropriations Act.
Section 148. Impiementing Ruies and Reguiations. - The PCCh, together with 
its member agencies, in consultation with non-government organizations with 
advocacy on the upholding of the Rights of the Child, shall promulgate the 
implementing rules and regulations of this Act within ninety (90) days from its 
approval.
Section 149. Congressionai Oversight Committee on the Magna Carta of 
Chiidren-There is hereby created an oversight committee on the MCC which shall be 
composed of the chairpersons of the Committee on Children in the Senate and in the 
House of Representatives, PCCh, CHR, DSWD, and one CSO representative which shall 
be determined by the aforementioned government agencies.
Section 150. Suppietory Appiication. - For purposes of this Act, the Revised 
Penal Code, as amended. Presidential Decree No. 603, Republic Act No. 7610, 
Republic Act No. 8972, Republic Act No. 9208, Republic Act No. 9231, Republic Act 
No. 9851, Republic Act No. 10364, Republic Act No. 11148, Republic Act No. 11188, 
Republic Act No. 11166, Republic Act No. 11596, Republic Act No. 11930 and other 
applicable laws shall have suppietory application.
Section 151. Separabiiity Cause. - If any part or provision of this Act is 
declared invalid or unconstitutional, the other parts hereof not affected thereby shall 
remain valid.
Section 152. Repeating Cause. - 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 153. Effectivity. -This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved.
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