TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
^ I iiti
of tiff —■
25 JUL 14 P3 :44
SENATE 
S.B. No.
RKEiVf D BY
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROVIDING FOR THE MAGNA CARTA FOR 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.
In view of the foregoing, the passage of this bill is earnestly sought.
tISA HONTIVEROS
Senator


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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
SB No. 561
XC- t. Hi! ..
of I'u* T
25 JUL 14 P3 :44
iL
RECEIVED B''
INTRODUCED BY SENATOR RISA HONTIVEROS
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 I 
General Provisions
Sec. 1. Short Title. - This Act shall be known as "The Magna Carta of 
Children".
that:
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State
a. 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;
b. The State recognizes that the child is entitled to special safeguards and care 
because of their significant vulnerability, evolving capacity, and psychological 
maturity;
c. The State recognizes the vital role of children in nation-building and shall 
promote and protect their physical, moral, spiritual, mental, and social well­
being. It shall inculcate patriotism and nationalism, and encourage their 
responsible involvement in public and civic affairs;
d. 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;


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e. 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.
In matters of economic, social, and cultural rights, the State shall undertake 
such measures to the maximum extent of available resources and, where 
needed, within the framework of international cooperation. The State shall also 
effectively protect every child against and provide remedies for both direct and 
indirect impacts of environmental degradation;
f. The State shall respect the responsibilities, rights, and duties of parents, the 
members of the extended family or community, as provided by local customs, 
legal guardians or other persons legally responsible for the child;
g. Consistent with Sec. 13, Article II of the Philippine Constitution, the State 
recognizes the vital role of the youth in nation-building, and promotes and 
protects their physical, moral, spiritual, intellectual, and social well-being. In 
the pursuit of this policy, the State shall abolish ail traditional and cultural 
practices and structures that perpetuate discrimination, abuse and exploitation 
of children;
h. As the State recognizes that during emergency situations, particularly in 
situations of forced displacement, children are placed at heightened risk of 
violence, abuse, exploitation, and neglect, it shall protect the fundamental 
rights of children before, during, and after disasters and other emergency 
situations where children's survival and normal development are gravely 
threatened;
i. 
Provide special protection to children in situations of armed conflict from all 
forms of abuse, violence, neglect, cruelty, discrimination, and other conditions 
prejudicial to their development, taking into consideration their physical and 
mental capacity, gender, cultural, ethnic, and religious backgrounds; and
j. 
Protect, rehabilitate, and reintegrate children gravely threatened or endangered 
by circumstances which affect their survival and normal development over 
which they have no control.
Sec. 3. Guiding Principles of the Rights of the Child. - As a State Party 
to the Convention on the Rights of the Child, the State shall at all times seek to ensure 
the realization of the Convention by respecting and protecting children's rights and 
avoiding acts or omissions that would result in a breach of the Convention, and 
fulfilling children's rights by taking steps for its full implementation.
The State shall adopt a child rights-based approach to child care and protection 
whereas a child shall be viewed as a rights holder and not merely a beneficiary of 
adults' benevolence or others' charity.
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 
child without discrimination of any kind, irrespective of the child's or their 
parent's or legal guardian's ethnicity or social origin, sexual orientation, gender, 
identity, gender expression, color, sex, language, religion, beliefs, political 
views or expressed opinions, activities, nationality, membership in Indigenous 
Cultural Communities or Indigenous Peoples (ICC/IPs), asylum-seeking refugee 
or migrant status, property, disability, birth, and other status.
The State shall take all appropriate measures to ensure that the child is 
protected against all forms of discrimination or punishment on the basis of the 
status, activities, expressed opinions or beliefs of the child's parents, parent- 
substitutes, or family members;
b. Life, survival, and development. The child has the inherent right to life, and 
the State shall ensure to the maximum extent possible the survival and holistic 
development of the child, including the child's physical, mental, spiritual, moral, 
psychological, social, and cultural development;
c. Inclusion and participation. Children are capable of forming their own views 
and have the right to express these views freely in all matters affecting them. 
The State shall work towards fostering a culture of inclusion and 
representation; and
d. Best interest of the child. In all actions concerning the child, whether 
undertaken by public or private social welfare institutions, courts of law, 
administrative authorities, or legislative bodies, the best interests of the child 
shall be a primary consideration. This includes the totality of the circumstances 
and conditions most agreeable to the survival, protection, and feelings of 
security of the child, and most encouraging to the child's physical, 
psychological, and emotional development. It also means the least detrimental 
available alternative for safeguarding the growth and development of the child.
CHAPTER II 
Definition of Terms
Sec. 4. Definitions - For purposes of this Act, the following terms shall mean:
a. AIDS refers to Acquired Immune Deficiency Syndrome, a medical condition 
caused by the Human Immunodeficiency Virus (HIV) which makes an 
individual susceptible to opportunistic infections;
b. Child refers to a person below eighteen (18) years of age, or those eighteen 
(18) and over but are unable to fully take care of themselves or protect 
themselves from abuse, neglect, cruelty, exploitation or discrimination 
because of a physical or mental disability or condition. However, existing or 
subsequent laws expanding this definition to beyond eighteen shall be 
accepted;


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Child-at-Risk refers to a child who is vulnerable to and at risk of committing 
criminal offenses because of personal, family, and social circumstances;
Child in Need of Special Protection (CNSP) refers to a child below 
eighteen (18) years of age, or those eighteen (18) years oid and over but 
are unable to take care of themselves because of physical or mental disability 
or condition, who are vulnerable to, or are victims of abuse, neglect, 
exploitation, cruelty, discrimination, violence, and other similar 
circumstances, including but not limited to:
{!) Abuse, which refers to the maltreatment, whether habitual or not, of 
a child, which includes any of the following:
i. Psychological and physical abuse, neglect, cruelty, sexual abuse, 
and emotional maltreatment, including bullying, whether offline or 
online;
ii. Any act by deeds or words which debases, degrades, or demeans 
the intrinsic worth and dignity of a child as a human being;
iii. Unreasonable deprivation of the child's basic needs for survival, 
such as food, shelter, healthcare and adequate clothing; or
iv. Failure to immediately give medical treatment to an injured child, 
resulting in serious impairment of his growth and development, or in 
their
permanent incapacity or death;
(2) Acts of gender-based violence, which refer to physical or sexual 
violence other than rape, and psycho-social harm that is committed 
against a person as a result of power inequities that are based on 
gender roles, which include, among others, battering, sexual slavery 
and abuse of children, female genital, mutilation, prostitution, forced 
marriage, forced pregnancy, or forced sterilization;
(3) Child labor, which refers to any work or economic activity performed 
by a child that subjects him/her to any form of exploitation or is 
harmful to their health and safety or physical, mental, or psychosocial 
development;
(4) Child prostitution and other sexual abuse, which refers to a situation 
where children, whether male or female or those with diverse sexual 
orientation and gender identity expression, who for money, profit, or 
any other consideration or due to the coercion or influence of any 
adult, syndicate, or group, indulge in sexual intercourse or lascivious 
conduct;


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(5) Disability or any long-term physical, mental, intellectual, or sensory 
impairments, which, in interaction with various barriers, may hinder a 
child's full and effective participation in society on an equal basis;
(6) Discrimination, which refers to unfair or unjust treatment that 
distinguishes, excludes, restricts, or shows preferences based on any 
ground such as sex, gender, age, sexual orientation, gender identity 
and expression, economic status, disability, ethnicity, and HIV status, 
whether actual or perceived, and which has the purpose or effect of 
nullifying or impairing the recognition, enjoyment, or exercise by all 
persons similarly situated, of all their rights and freedoms;
(7) Online Sexual Abuse and Exploitation (OSAEC) and the production, 
distribution, possession, and access of Child Sexual Abuse or 
Exploitation Materials (CSAEM) as defined and penalized under R.A. 
No. 11930, or the "Anti-OSAEC and Anti-CSAEM Act";
(8) Rape as defined in the Revised Penal Code, in Section 2 of R.A. No. 
8353, or 'The Anti-Rape Law of 1997", and Section 5(z) of R.A. No. 
11188, or the "Special Protection of Children in Situations of Armed 
Conflict Act";
{9) Situations of Armed Conflict, which include all children involved in 
armed conflict, children affected by armed conflict, and internally 
displaced children;
(10) 
Trafficking-in-Persons, which refers to the recruitment, 
obtaining, hiring, providing, offering, transportation, transfer, 
maintaining, harboring, or receipt of persons, with or without the 
victim's consent or knowledge, within or across national borders, by 
means of threat, or use of force, or other forms of coercion, 
abduction, fraud, deception, abuse of power or of position, taking 
advantage of the vulnerability of the person, or, the giving or 
receiving of payments or benefits to achieve the consent of a person 
having control over another person for the purpose of exploitation, 
which includes at a minimum, the exploitation or the prostitution of 
others, the engagement of others for the production or distribution, 
or both, of materials that depict child sexual abuse or exploitation, or 
other forms of sexual exploitation, forced labor or services, slavery, 
servitude, or the removal or sale of organs; and
(11) 
Other Circumstances which threaten or endanger a child's 
survival and normal development, including, but are not limited to, 
the following:
(a) Being in a community where there is armed conflict or being 
affected by armed conflict-related activities;
(b) Working under conditions hazardous to life and safety, which 
unduly interfere with their normal development;


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(c) Living in or fending for themselves in the streets of urban or 
rurai areas without the care of parents or a guardian, being 
bereaved of parents at a tender age, or being deprived basic 
services needed for a good quality of life;
(d) Living under conditions of extreme poverty, or in an area, 
which is underdeveloped and/or lacks or has inadequate access 
to basic services needed for a good quality of life;
(e) Being a victim of natural, climate, and human-induced hazards; 
or
(f) Circumstances analogous to those above stated, which 
endanger the life, safety, or normal development of children;
(12) 
A child-in conflict with the law, which refers to a child who is 
alleged as, accused of, or adjudged as, having committed an offense 
under Philippine laws;
(13) 
A child living in an alternative child care, which refers to living 
in child-caring or child-placing agency, and may include foster care, 
kinship care, family-like care, and residential care; and
(14) 
A child living with HIV, which includes being infected with HIV 
and/or being subjected to stigma or discrimination due to their 
connection to HIV-positive individuals.
e. Children as Zones of Peace is a concept that highlights the protection of 
children from the effects of conflict, violence, and exploitation. It shall extend 
beyond territorial or geographical boundaries and shall focus on the person 
of the child whose rights shall be promoted and protected at all times, 
especially in situations of armed conflict or violence;
f. 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 information and communications technology (ICT), by means 
of visual, video, audio, written, artificial intelligence (AI) 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;
g. 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 including blood typing, auditory test 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;


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h. Convention refers to the United Nations Convention on the Rights of the 
Chiid;
i. 
Emergency refers to unforeseen or sudden occurrence, especially as it 
pertains to danger, demanding immediate action;
j. 
Environmental Degradation refers to the deterioration of the 
environment through depletion of resources such as air, water, and soil, and 
the destruction of ecosystems and the extinction of wildlife. It is any change 
or disturbance to the environment perceived to be deleterious or 
undesirable;
k. Evolving Capacities of Children refers to the notion that children in 
different environments and cultures with different life experiences will 
acquire competencies at different ages, with the process varying according 
to circumstances. Children do not acquire competencies merely as a 
consequence of age, but rather through experience, culture, and levels of 
parental support and expectation;
l. 
Foundling refers to a deserted or abandoned child or infant with unknown 
facts of birth and parentage. This shall include those who have been duly 
registered as a foundling during their infant childhood but have reached the 
age of majority without benefitting from adoption procedures;
m. HIV refers to the Human Immunodeficiency Virus. This virus, of the type 
called retrovirus, 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;
n. Internally Displaced Children refers to children who have been forced or 
obliged to flee or to leave their homes or places of habitual residence, in 
particular, as a result of armed conflict, or to avoid the effects of armed 
conflict, situations of generalized and/or organized violence, violations of 
human rights, implementation of development projects, clan wars, or natural 
or human-induced or human-made disasters and hazards, and who have not 
crossed an international border;
0. Internet Service Provider refers to a public telecommunication entity 
(PTE) or a value-added service (VAS) provider duly authorized by or 
registered with the National Telecommunications Commission (NTC) that 
provides users or other entities with data connection allowing access to the 
internet through physical transport infrastructure, and such access is 
necessary for internet users to access content and sen/ices on the internet, 
and for content providers to publish or distribute materials online;
p. 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


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of the father or mother, those who have been appointed by the court as the 
legal guardian;
q. Parent-substitute refers to a person other than the biological parent who 
has custody over a child and is primarily responsible for their care, and 
physical, moral and mental development, such as foster care parents, legal 
guardians and care providers;
r. Participative Network Platform Provider refers to any person or entity, 
including a social media intermediary that facilitates social communication 
and information exchanges which is based on online technologies such as 
the web, instant messaging, or mobile technologies that enable users to 
contribute to developing, rating, collaborating, and distributing internet 
content, and developing and customizing internet applications or to conduct 
social networking. It may also refer to a person or entity that provides a 
platform or site for blogging, video-sharing, picture-sharing, file-sharing 
sites, online gaming, or instant messaging, among others;
s. Physical and Humiliating Punishment refers to the use of physical force 
intended to cause pain or discomfort to a child. It also refers to other forms 
of punishment that debase, degrade, or demean the intrinsic worth and 
dignity of the child, or cause a child to feel belittled, humiliated, denigrated, 
scapegoated, threatened, scared, or ridiculed;
t. Positive Parenting refers to a non-violent and solution-focused parenting 
approach. It teaches and guides children while respecting their rights to 
healthy development, protecting them from violence, and encouraging their 
participation in learning. This parenting mechanism is achieved by providing 
a warm and caring environment, building the child's competence and 
confidence, assisting the child in understanding and abiding by the rules, 
fostering healthy relationships and teaching the child life-long skills and 
respect for human rights. It is based on effective teaching and parenting, 
and on the principles of child's rights and development;
u. Reasonable Accommodation refers to the means necessary and 
appropriate modification and adjustments not imposing a disproportionate 
and undue burden, where needed in a particular case, to ensure that persons 
with disabilities enjoy or exercise on an equal basis with others all human 
rights and fundamental freedoms;
V. 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;
w. 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 their parental authority or care;


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X. Traditional media refers to forms of communication used before the 
advent of the internet including newspapers, radio, television and billboards 
among others;
y. 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;
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. Violence against children can happen in settings 
including home, school, the community, workplace, public spaces and 
cyberspace; and
z. Worst forms of child labor shall refer to any of the following:
i. All forms of slavery as defined under the Republic Act 9028 or the Anti- 
Trafficking in Persons Act of 2003, or practices similar to slavery such 
as sale and trafficking of children, debt bondage and serfdom, and 
forced or compulsory labor, including recruitment of children for use in 
armed conflict; or
ii. The use, procuring, offering or exposing of a child for prostitution, for 
the production of pornography or for pornographic performances;
iii. The use, procuring or offering of a child for illegal activities, including 
the production and trafficking of dangerous drugs and volatile 
substances prohibited under existing laws; or
iv. Work, which by its nature or circumstances in which it is carried out, is 
hazardous or likely to be harmful to the health, safety or integrity of 
children.
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; and
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 law.
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


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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 and Parent-Substitutes. - The parents or, 
where applicable, the 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. They shall promote and employ positive and non-violent parenting 
techniques in rearing their children.
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 shall 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.
The private sector shall be guided by a framework provided by the State to ensure 
that businesses respect children's rights through effective-child-sensitive legislation, 
regulation, enforcement and policies and remedial, monitoring, coordination, 
collaboration and awareness-raising measures. This includes requiring businesses to 
undertake child rights due diligence procedures to identify, prevent, mitigate, and 
account for their impact on the environment and children's rights.
It shall promote child labor law enforcement in the Philippines, ensure safe and just 
work environments and fair compensation and opportunities for all employed children 
including children with disabilities and diverse genders. It shall protect them from 
abuse, exploitation, and gender-based violence, and provide opportunities for their 
voices to be heard in accordance with their evolving capacities.
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 child from information and material injurious to their well-being. It shall, likewise, 
respect the child's dignity and privacy, and provide safe and inclusive platforms for 
children to freely express their views. 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.
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It is also the role of media to raise public awareness about children's rights, help shift 
attitudes and practices that harm children, and inspire action to address child rights 
issues and prevent child rights violations.
Sec. 9. Role of Civil Society Organizations (CSOs). - 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, CSOs may work 
together with the State in fulfilling this role. This includes organizations formed by and 
composed of children and young adults. It is important for CSOs to work 
collaboratively and in convergence and synergy with each other, including 
multisectoral and interdisciplinary cooperation to effectively address the whole range 
of concerns and challenges faced by children.
It is likewise the role of CSOs to secure and advocate for safe and inclusive spaces for 
children participation, and ensure that children are consulted in the planning, 
implementation, and evaluation of their programs.
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. It shall be directed to the development of the child's personality, talents, 
mental and physical abilities to their fullest potential, the development of respect for 
human rights and fundamental freedoms, respect for the child's parents, their own 
cultural 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, guided by the principle of parenspatriae\he. school authorities are considered 
the legal protectors of children under their jurisdiction, and 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.
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. This right includes the fulfillment 
of their needs that are most basic to existence, such as an adequate standard of living, 
shelter, nutrition, and access to medical services. Respecting the right to life shall
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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, 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. Accessible and free birth registration systems shall be 
established locally to guarantee the realization of these rights.
Whenever applicable, every child has the right to the speedy restoration of their 
incomplete and falsified identity in matters relating to adoption, child brides, child 
trafficking, child in street situations, and other similar circumstances.
Sec. 14. Every child has the right to the highest attainable standard of 
healthcare and facilities for the treatment of iliness and rehabilitation of heaith 
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.
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 psycho-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:
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 weli-being through non-violent and positive 
approaches and family strengthening programs;
b. Protect children from abuse and violence in State institutions and in all settings, 
and by State actors including in schools, care centers, youth or residential
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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 
famiiy relations as recognized by iaw without unlawfui interference. The State 
shail 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 to ensure the speedy re­
establishment of their identity;
e. Ensure that the child shall not be separated from their parents against their 
will, except when competent authorities determine, subject to judicial review, 
in accordance with applicabie iaw and procedure, that such separation is 
necessary for the best interests of the child; and
f. Take steps in addressing discrimination under the iaw against a child born to 
parents who are not married to each other,
TITLE II
Health and Health Care
Sec. 20. The State shali provide an integrated, child-friendly, culturally- 
sensitive healthcare approach to the development of the full range of child health 
activities considering their family and social environment with due regard to the 
culturai and traditional healthcare practices of the ICCs and IPs.
Sec. 21. A child-friendly healthcare approach is a rights-based approach based 
on chiid-specific developmental needs and evolving capacities, ensuring children's 
participation at every ievei 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 quality medicai and healthcare services.
Sec. 23. The State shali ensure the foliowing:
a. Access to safe, nutritious, and sufficient food;
b. End ail forms of malnutrition, stunting in the first 1,000 days of the child, and 
wasting in children under five years of age;
c. Address the nutritional needs of adolescent girls, pregnant and lactating 
women;
d. Reduce maternal mortality rate, end preventabie deaths of newborns and 
children under five years of age, and reduce neonatai mortaiity;
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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. Uphold the right of children to a clean, healthy, and sustainable environment;
h. Universal and equitable access to safe and affordable drinking water for all;
i. Adequate and equitable sanitation and hygiene for all;
j. Improvement of water and sanitation management with the inclusion of local 
communities;
k. Protection and promotion of children's mental health and well-being pursuant 
to Republic Act 11036 the Mental Health Act;
l. Adoption of programs, plans and policies preventing and reducing non- 
communicable diseases and its risk factors particularly tobacco, alcohol and 
illicit drug use;
m. Integration of road safety education in the curriculum as a public health issue; 
and
n. Creation of a Task Force Safe Kids on Roads in every province, city, and 
municipality, whenever practicable.
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 disabiiities shail aiso 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 seif-reliance and active 
participation in the community such as the right to reasonable and safe 
accommodation.
Sec. 25. The State shall protect solo parents, child and adolescent 
mothers/pa rents, especially their children, against discrimination and provide for their 
inclusion in the deveiopment of their competence through policies and practices, 
particuiariy in empioyment, finances, government benefits, and housing, always taking 
into consideration the best interests of the child.
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Sec. 26. The State shall promote exclusive breastfeeding during the first six 
months of life, and complementary feeding in the next eighteen months in both normal 
and emergency situations. It shall enact policies and practices that promote and 
remove barriers to breastfeeding and lactation in all public and private spaces and 
institutions where lactating women are found.
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 
confidentiaiity, non-discrimination and non-stigmatization, and the best interests of 
the child shall be the primary consideration. This includes making access to preventive 
measures, treatment and care readily and easily accessible.
Sec. 29. The State shall integrate measures to address environmental health 
concerns relevant to children into their national plans, policies and strategies relating 
to both health and the environment. Legislative, regulatory and institutional 
frameworks including regulations deaiing with the business sector, should effectively 
protect children's environmental health where they live, study, play and work.
Sec. 30. 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 child's evolving 
capacities; in case of children 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 shail be given due 
weight.
Sec. 31. Children shall be provided by physicians and health-care facilities ciear 
and accessible information on their rights concerning their participation in pediatric 
research and clinical 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.
CHAPTER V
RIGHT TO PROTECTION 
TITLE I
General Principles
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Sec. 33. 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. 34. No child shall be subjected to any form of violence, abuse, and 
exploitation including the use of physical and humiliating punishment. The State shall:
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 physical 
and humiliating punishment, online and offline 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. All cities and 
districts shall establish a body responsible for delivering protective measures 
consistent with the National Protocol on the Case Management of Cases of Child 
Abuse, Neglect, Exploitation, and Discrimination, which includes procedures 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 abuse, 
neglect and exploitation or abandonment (or violence) 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; 
and
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 
meaningfully participate in proceedings affecting them before any judicial or 
administrative authority.
Sec. 35. The State shall establish community-based child protection centers.
a. It shall develop and support community-based child protection centers. These 
centers shall spearhead and oversee local child protection efforts and shall be
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b.
c.
integrated into the Local Council for the Protection of Children and the Local 
Social Welfare and Development Office;
It shali allocate funding from the national government to LCDs for establishing 
and maintaining child protection infrastructure. This funding should support 
facility development, personnel training, and resource procurement;
It shall create standardized guidelines for local child protection programs in 
accordance with the DSWD's "Revised Guidelines Governing the Registration 
and Licensing of Social Welfare and Development Agencies and Accreditation 
of SWD Programs and Services";
d. It shall implement regular capacity-building and training for child protection 
personnel to cover the latest practices, legal frameworks, and intervention 
strategies;
e. It shall enhance coordination among national government agencies, NGOs, and 
community-based groups through local inter-agency task forces or committees; 
and
It shall establish comprehensive monitoring and evaluation mechanisms to 
assess the impact of child protection programs, identify challenges, and 
facilitate their continuous improvement
f,
Sec. 36. The State, through Local Government Units at the Provincial and City 
level, shall establish Child Advocacy Centers (CACs) to provide a formal, 
comprehensive, integrated, and multi-disciplinary response to the investigation and 
disposition of cases involving crimes where children are victims, with a view of 
reducing the number of times children are questioned and examined in courts or 
through legal processes, and coordinating therapeutic interventions and services for 
child victims. The CAC shall provide, at minimum:
a. a multi-disciplinary team to provide a portfoiio of services to child victims, 
including legal case support, mental health and psycho-social support, 
protection and custody where relevant;
a victim advocate that will serve as the primary contact and liaison between 
the child-victim survivor and government agencies, the prosecutor's office, and 
the courts;
forensic interviews in a child-centered, trauma-informed setting with the child 
and non-offending family members.
b.
c.
The establishment of the CACs may be funded through grants and donations from 
foreign and local sources, and may also be sourced from the Gender and Development 
(GAD) budget if the child victim is a girl.
When the offense involves online sexual abuse and exploitation of children (OSAEC) 
and distribution of child sexual abuse and exploitation materials (CSAEM), the 
establishment of the CACs shall be in coordination with the National Coordinating 
Center Against OSAEC and CSAEM.
TITLE II 
Child Labor
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Sec. 37. 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, and consistent with R.A. 
7658, among others it shall provide special protection to children from ail forms of 
abuse, neglect, cruelty, exploitation and discrimination, and other conditions 
prejudicial to their development including child labor and its worst forms; provide 
sanctions for their commission and carry out a program for prevention and deterrence 
of and crisis intervention in situations of child abuse, exploitation and discrimination.
It shall also upscale the implementation of the Philippine Program Against Child Labor, 
spearheaded by the National Council Against Child Labor by intensifying the social and 
behavioral change campaign against child labor at the national and local levels, 
strengthening and harmonizing structures and mechanisms for the implementation of 
relevant laws, policies, programs and projects, and the generation of data and 
information on child labor; and expanding access to and improving the delivery of 
services to child laborers and their families.
It shall also implement a community-based approach in the prevention and response 
intervention of child labor.
Sec. 38. Local child protection policies should include a localized child 
protection policy case management flowchart to streamline processes and ensure 
prompt responses to child labor and other concerns.
Sec. 39. Children legally allowed to work, and those who are shall be afforded 
with protection to ensure that their rights and welfare are not violated. Children 
engaged in child labor must be provided assistance to remove them from this situation 
and be reintegrated into their families and communities.
They must likewise be provided with the opportunity to voice out their perspectives 
within child-sensitive settings, in order to understand their views surrounding their 
circumstances and in determining their best interests.
Sec. 40. 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 with respect to education.
Sec. 41. Children in the labor force have the right to meaningfully participate 
in the drafting of labor laws and policies concerning them to ensure that their best 
interests and unique disposition are considered.
TITLE III
Children and Drugs
Sec. 42. The State shall:
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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 including other addictive substances such as 
tobacco, vape, and alcohol products 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; and
f. Mandate LCDs 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 Abuse and Exploitation of Children
Sec. 43. The State shall undertake to protect the child from all forms of sexual 
abuse and sexual exploitation, whether physical or online. For these purposes, in 
particular, take all appropriate national, bilateral, and multilateral measures to 
prevent:
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 performances; 
and
d. All other forms of online sexual abuse and exploitation of children.
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Sec. 44. 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.
In cases invoiving oniine sexuai abuse or expioitation of children under Republic Act 
No. 11930, where there is an extraterritoriai element, the requirement of personal 
knowledge is deemed complied with when the Philippine law enforcement agent has 
assessed and vetted information officially submitted or referred to it by the foreign 
law enforcement entity who confirms the credibility and veracity of the same.
TITLE V
Children Affected by Armed Conflict 
Sec. 45. The State shali:
a. Recognize chiidren as zones of peace pursuant to Republic Act 11188 or the 
Speciai Protection of Children in Situations of Armed Conflict Act, and RA 7160 
or the Special Protection of Children Against Abuse, Exploitation, and 
Discrimination Act;
b. Undertake to respect and to ensure respect for ruies of international 
humanitarian iaw appiicabie to them in armed conflicts which are relevant to 
the child;
c. Take all necessary measures to ensure that persons who have not reached 
the age of eighteen (18) years do not take a direct part in hostilities;
d. Ensure that persons who have not reached the age of eighteen (18) years 
are not compulsorily nor voluntarily recruited into the armed forces or any 
armed group;
e. Protect the civilian population in armed conflicts in accordance with its 
obligations under international humanitarian iaw, and shali take ali feasible 
measures to ensure the protection and care of children who are affected by 
an armed conflict;
f. Lodge safeguards to ensure the security and safety of chiidren in times of 
conflict, and to provide means of adequate psycho-social support during and 
post-conflict, as well;
g. Prioritize the rescue of the chiid involved in armed conflict, and their return, 
rehabilitation and reintegration to their family and community; and
h. Ensure that schoois, day care facilities, child caring facilities, and educationai 
institutions shall not be used for any purpose in relation to armed conflict.
Sec. 46. Armed forces and armed groups should not, under any circumstances, 
recruit or use in hostiiities persons under the age of eighteen (18) years. The State 
shali take ail feasible measures to prevent such recruitment and use, including the
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adoption of legal measures necessary to prohibit and criminalize such practices. The 
application of the present section shall not affect the legal status of any party to an 
armed conflict.
TITLE VI
Children Affected by Displacement 
Sec. 47. The State shall ensure that:
a. In instances where displacement becomes inevitable, authorities, pursuant to 
their respective mandates and functions, prioritize the provision of adequate 
accommodation in conditions that ensure safety, nutrition, water and 
sanitation, as well as health and hygiene for children affected by displacement 
to the highest extent possible;
b. Children affected by displacement, especially those who are unaccompanied, 
shall be entitled to protection and assistance tailored to their needs, with due 
consideration given to their unique circumstances;
c. Children affected by displacement, regardless of whether they are located 
within or outside evacuation centers, shall have secure access to humanitarian 
support, including mother-and-child-sensitive and disability-inclusive facilities 
such as sanitary breastfeeding stations, temporary educational facilities, and 
places of worship, among others;
d. Measures shall be taken to protect children affected by displacement from all 
forms of violence, exploitation, trafficking, forced labor, slavery and 
contemporary forms of slavery, including sale into marriage, and other 
violations against children's rights;
e. Immediate efforts shall be made to reunite children separated from their 
families due to displacement, with appropriate measures taken to expedite the 
process;
f. Education for children affected by displacement shall be both free and 
compulsory for early and basic education. Special efforts shall be made to 
facilitate the full and equal participation of all children, including those with 
disabilities, in educational programs, while respecting their cultural identity, 
language, and religion. Educational and training facilities shall be made 
available to them whether or not they are living in evacuation facilities, 
encampments, or other settlements, as soon as circumstances permit; and
g. Children affected by displacement have the right to actively engage in the 
planning and management of their displacement situations, as well as decisions 
regarding return, local integration, or resettlement elsewhere. Their voices and 
perspectives shall be incorporated into decision-making processes concerning 
their well-being and future.
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TITLE VII
Children in Conflict with the Law 
Sec. 48. The State shall ensure that:
a. No child shall be subjected to torture or other cruel, inhuman or degrading 
treatment or punishment. Neither capital punishment nor life imprisonment 
without possibility of release shall be imposed for offenses committed by 
persons below eighteen (18) years of age;
b. No child shall be deprived of their liberty unlawfully or arbitrarily. The arrest, 
detention or imprisonment of a child shall be in conformity with the law and 
shall be used only as a measure of last resort and for the shortest appropriate 
period of time;
c. Every child deprived of liberty shall be treated with humanity and respect for 
the inherent dignity of the human person, and in a manner which takes into 
account the needs of persons of their age. In particular, every child deprived 
of liberty shall be separated from adults unless it is considered in the child's 
best interest not to do so, and shall have the right to maintain contact with 
their family through correspondence and visits, except under extraordinary 
circumstances;
d. Every child deprived of their liberty shall have the right to prompt access to 
legal and other appropriate assistance, as well as the right to challenge the 
legality of the deprivation of their liberty before a court or other competent, 
independent and impartial authority, and to a prompt decision on any such 
action;
e. Recognize the right of every child alleged as, accused of, or recognized as 
having infringed the penal law to be treated in a manner consistent with the 
promotion of the child's sense of dignity and worth. This reinforces the child's 
respect for the human rights and fundamental freedoms of others, and which 
takes into account the child's age, and the desire to promote reintegration 
based on the assumption of the child's constructive role in society;
f. In consideration to the relevant provisions of international instruments, the 
State shall, in particular, ensure that:
1. No child shall be alleged as, be accused of, or recognized as having 
infringed the penal law by reason of acts or omissions that were not 
prohibited by national or international law at the time they were 
committed;
2. Every child alleged as or accused of having infringed the penal law has, 
at least the following guarantees:
i. 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 
them, and, if appropriate, through their parents or legal 
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 legai 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 a translator if the child cannot 
understand or speak the language used in judicial and 
administrative proceedings; and
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; 
counseling; 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 offense; and
h. Ensure that a restorative justice approach is adopted when Children in Conflict 
with the Law (CICL) enter the criminal justice system. It shall prioritize the 
rehabilitation and reintegration of CICLs, focusing on repairing harm, fostering 
accountability, and involving the affected community in the process. Its 
implementation shall be guided by principles that uphold the child's dignity, 
rights, and best interest, promoting their development into responsible 
members of society.
TITLE VIII
Children of Indigenous Cultural Communities and Indigenous Peoples
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Sec. 49. 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.
Every child belonging to ICCS/IPs shall have the right to cultural integrity. They shall 
enjoy full recognition of their culture, profess and practice their religion, customs, 
traditions, and institutions, or use their language. The right established is conceived 
to be both individual and collective.
Sec. 50. Every child belonging to ICCs/IPs shall have the right to equal 
protection with due recognition of their distinct characteristics and identity, and they 
shall be accorded the rights, the protection, and privileges enjoyed by the rest of the 
citizenry. It shall extend to them the same opportunities, basic services, educational 
and other development, rights and privileges available to every child member of 
society.
Sec. 51. 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.
Sec. 52. The State shall support all government programs intended for the 
development and rearing of IP children. It shall establish mechanisms as may be 
necessary for the protection of the rights of indigenous children, and ensure that 
they will also reach their fuil potentials accorded to every child in society.
TITLE IX
Children In Street Situations
Sec. 53. The State shall:
a.
Ensure that children in street situations (CISS) are safe to move in the streets 
without fear of repressive efforts to prevent begging, loitering, vagrancy, 
running away or survival behavior such as criminalization of status offenses, 
street sweeps or "roundups" "rescue" or "reach out", and targeted violence, 
harassment, and extortion. It shall ensure that the Protocol to Reach Out to 
Children in Street Situations is followed;
Ensure that CISS have access to public areas, spaces and facilities that cater to 
the diverse needs and capacities of children in street situation, including areas 
for economic activities of children and their families, learning, recreation, social 
interaction, and essential services; and
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c. Ensure that safeguarding policies are adopted and implemented for the 
prevention and response to exploitation, abuse, harm, and violence that 
permeates the lives of children in street situations.
Sec. 54. The State shall:
b. Adopt holistic and long-term strategies and make the necessary budget 
allocations for children in street situations;
c. Assess laws and policies that can be improved to reflect the recommendations 
of the present general comment;
d. Develop strategies to address multiple causes, ranging from structural 
inequalities to family violence;
e. Introduce or review an act on child protection or children based on a child rights 
approach and that specificaliy addresses chiidren in street situations;
f. Enhance systems to provide a continuum of care across all relevant contexts, 
including prevention, early intervention, street outreach, helplines, drop-in 
centers, child development centers, temporary residential care, family 
reunification, foster care, independent living or other short- or long-term care 
options;
g. Invest in good quality initial and in-service basic training on child rights, child 
protection and the local context of children in street situations for all 
professionals who may come into direct or indirect contact with children in 
street situations, in such areas as policymaking, law enforcement, justice, 
education, health, social work and psychology;
h. Support local-level, partnership-based, specialized interventions on the basis of 
a child rights approach, small and flexible, with adequate budgets, often led by 
civil society organizations with local expertise;
i. 
Ensure access of children in street situations who have been victims or are 
survivors of human rights violations have the right to effective legal and other 
remedies, including legal representation;
j. 
Develop systematic, rights-respecting, participatory mechanisms to collect data 
and share disaggregated information about children in street situations; and
k. Guarantee the participation of children in setting the aims and agendas of 
research and in gathering information, analyzing and disseminating research to 
inform policy making, and designing specialized interventions.
TITLE X
Emergencies and Calamities
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Sec. 55. The State shall secure a response and inclusive evacuation plan that 
will continuously cater to the development of the children in such a state of emergency 
and after.
Sec. 56. The State shail ensure the emergency pians and protocois are also
made available in child-friendly versions for children to make informed views
and decisions concerning their safety, and to make them accessible in different
communication formats for children with disabilities.
Sec. 57. The State shail ensure the safety and welfare of the child, and 
guarantee their protection against abuse and ail forms of trafficking.
Sec. 58. The State shali ensure that chiid-friendly spaces are set up when 
chiidren and their famiiies are in temporary living arrangements due to emergencies 
and calamities.
Sec. 59. The State shall ensure that the child's right to be heard and to express 
their 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. 60. The State shall take appropriate measures to ensure that a child who 
is seeking refugee status or who is recognized as a refugee in accordance with 
applicable international or domestic law and procedures shall, whether 
unaccompanied or accompanied by their 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. 61. The State shall ensure that the child asylum-seeker shall be protected 
from all forms of violence including human trafficking and other forms of abuse and 
exploitation.
Sec. 62. The State shall guarantee that the asylum process shall remain child- 
friendly and child-sensitive by ensuring the non-detention of the child applicant, 
among others.
Sec. 63. The State shail 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 their 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 permanently 
or temporarily deprived of his or her family environment for any reason, as set forth 
in the Convention.
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TITLE XII 
Identity
Sec. 64. Every child has a right to an identity including a name, nationality and 
family relations.
Sec. 65. 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. 66. 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. 67. The State has a responsibility in the speedy restoration of the child's 
incomplete and falsified identity in matters relating to adoption, child marriages, child 
soldiers, child trafficking, child in street situations, and in other situations.
Sec. 68. 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. 69. 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
Sec. 70. Every child has the right to quality and inclusive 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, disability-inclusive, and 
empowering. Recognizing that children are active participants in their development, it 
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.
Sec. 71. The State shall:
a. Empower the child by developing their skills, learning and other capacities,
human dignity, self-esteem, self-confidence, and resilience;
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
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parents to rear their children, elementary and high school education are 
compulsory 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. 
Build a safe, healthy, and resilient learning infrastructure and environment, and 
provide for mental health support to learners;
g. 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;
h. 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;
i. 
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, differences in abilities, and neurodiversity;
j. 
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; and
k. Ensure that a child who is subjected to school or parental discipline shall be 
treated with humanity and with respect for the inherent dignity of the child and 
in conformity with the Convention and this Magna Carta.
Sec. 72. 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.
Sec. 73. 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.
Sec. 74. Human rights education shall also be integrated in the alternative 
learning system for children.
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Sec. 75. 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.
Sec. 76. 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
Sec. 77. Every child is a rights-holder and has a right to meaningfully 
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. Child 
participation should be meaningful and ethical, transparent, informative, child-friendly, 
relevant, safe and sensitive to risks, and adults engaging with children are supported 
by appropriate training.
Sec. 78. 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.
Sec. 79. 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.
Sec. 80. 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.
Sec. 81. 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.
Sec. 82. 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.
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Sec. 83. 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.
Sec. 84. Institutional support and capacity development must be provided to 
service providers/professionals working with children on how to ensure the 
implementation of child participation principies and strategies consistent with the 
Nationai Framework on Child and Youth Participation as well as the Guidebook on 
Child Participation.
Sec. 85. 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.
Sec. 86. In cases affecting family relations or where the child is an interested 
party, the child shall be given the 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.
Sec. 87. 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 to in dealing with a child in conflict with the law, taking into account their 
distinct 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.
Sec. 88. The child shall be heard with regard to all matters affecting them such 
as education, health, environment, living conditions, or protection.
Sec. 89. 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 speciai 
circumstances surrounding the child shall be likewise taken into account and that he
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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 \A/ith all relevant information tailored in a language understood by them.
Sec. 90. 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.
Sec. 91. Children shall be protected from harm, such as bullying, arising from 
the expression of their views.
Sec. 92. 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.
Sec. 93. 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
Sec. 94. 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.
Sec. 95. 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/s 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.
Sec. 96. 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. Local Social Welfare and Development offices shall be guided by 
evidence-based parenting programs.
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Sec. 97. Children in residential facilities and children with disabilities shali be 
included in the formulation of policies and monitoring and evaiuation of programs, 
services and activities to ensure that these are responsive to their needs.
Sec. 98. 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. This will promote alternatives to violent discipline that aims to contribute 
to the prevention and management of disruptive child behaviors, the increase in 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
Sec. 99. 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 and reasonable 
accommodation 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.
Sec. 100. The children may be consulted or provide their inputs individually or 
through their selected representatives in the student governing bodies.
Sec. 101. The Department of Education shall:
a. Ensure that each school will have a student governing body, the Supreme 
Learner Government or its equivalent for elementary, and the Supreme 
Secondary Learner Government or its equivalent 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; 
and
d. Provide support to all schools in gathering inputs of children.
Sec. 102. No restrictions shall be placed in schools that will curtail the 
children's freedom of association and freedom of peaceful assembly, except in the
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interest of national security, public safety, or public health, as may be provided by 
law.
Sec. 103. The views of children regarding the school curriculum, school 
policies, and other school matters shall be respected and given due weight. Children 
subjected to any form of violence as a result of expressing an opinion shall be 
protected under the Department of Education's Child Protection Policy.
Sec. 104. The children's expression of views may include, but not limited to, 
spoken, written and sign language and such non-verbal expressions 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.
Sec. 105. All educational institutions shall establish a Learner Rights and 
Protection Committee, a child-friendly and accessible complaint mechanism that shall, 
among others, develop and implement a school-based referral system.
TITLE IV
Play, Recreation, Sports, and Cultural Activities
Sec. 106. The Department of the Interior and Local Government and the LGUs 
shall provide a platform for children in the development planning cycle. Children 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 shail be given 
due weight in the decision-making processes.
Sec. 107. 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 mainstream a child rights approach 
and meaningful child participation in their planning, implementation, and evaluation 
of urban and rural development proposals/projects, and housing and deveiopment 
programs; 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.
Sec. 108. The State shall encourage and promote, as far as practicable the 
participation to the fullest extent possible of children with disabilities in mainstream 
activities at all levels. It shall also ensure that children with disabilities have an 
opportunity to organize, develop, and participate in disability-specific sporting and 
recreational activities.
Sec. 109. Children shall be consulted about the accessibility and 
appropriateness of urban and rural development proposals/projects, including housing
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and development programs as well as their impact on children's access to nature, 
exposure to unsafe and hazardous environments, and conservation of their culture.
Sec. 110. 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 without fear 
of reprisal.
TITLE V 
Media
Sec. 111. Children shall be given the safe 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.
Sec. 112. 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.
Sec. 113. Children should have access to information conveyed in a culturally- 
sensitive manner and in a language that they understand, including sign language and 
Braille.
Sec. 114. Children shall be consulted by traditional media companies in the 
development of programs, programming, or publications aimed at children, subject to 
the principles of child participation.
Sec. 115. Children shall be consulted by social media companies, internet 
service providers, and mobile game developers in the development of policies, subject 
to the principles of child participation.
Sec. 116. 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.
Sec. 117. Children shall be made aware of how and where to file complaints 
should their freedom of expression using traditional and social media is violated.
Sec. 118. Children shall have an absolute right to privacy and confidentiality. 
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
Situations of Violence
Sec. 119. The State shall ensure that:
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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 in all settings;
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;
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 including receiving feedback on the reports 
made by them;
h. Adopt cross-sectoral measures to address the drivers of violence against 
children linked to environmental degradation; and
i. 
Ensure that vulnerable children including children with disabilities shall be 
provided with reasonable accommodation and support for their protection and 
rehabilitation.
TITLE VII 
Child Participation
Sec. 120. The State shall ensure that meaningful children's participation, as 
set forth in the UNCRC General Comment 12 on the right of children to be heard, is 
recognized and enabled in national and international platforms by establishing 
appropriate structures in the government and through bilateral and multilateral 
international cooperation.
Sec. 121. The State shall establish and maintain linkages with international 
child and child-serving organizations, institutions, and counterpart agencies of foreign
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governments to ensure the participation of Fiiipino chiidren in international functions 
and affairs.
TITLE VIII 
Governance
Sec. 122. 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 resulting 
outcomes;
b. Promote child-friendly local governance by encouraging local government units 
to prioritize children's concerns in planning, budgeting, legislation, and delivery 
of services;
c. Mandate local government units to identify priority areas to improve the 
situation of children based on a child-friendly local governance audit;
d. Mandate all national agencies and local government units to tag child-focused 
investment programs, budget proposals, appropriations, allotments, 
obligations, and disbursements to make funds allocated for children visible 
and useable in crafting national and local development plans and investment 
programs for children. This should also be made in child-friendly versions to 
inform and engage children on the budget processes of programs affecting their 
well-being;
e. Make available to the public through various media the child-sensitive and 
disability-inclusive version of investment programs, appropriations, allotments, 
obligations, and actual disbursements; and
f. Provide means of consultation regarding the needs of the children that must be 
taken in utmost consideration in appropriations.
TITLE IX
Ombudsman for Children
Sec. 123. 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 in coordination with the 
Department of Education;
c. Investigate violations including those committed by private institutions or by 
private individuals;
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d. Monitor the government's compliance with its treaty obligations particularly the 
UNCRC;
e. Recommend appropriate measures to Congress and the concerned 
departments of the government for its prompt and immediate action on matters 
affecting children; and
f. Establish effective reporting and feedback mechanisms.
Sec. 124. 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 
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;
e. Assist in the filing of cases against individuals, agencies, institutions, 
organizations or establishments that violate the provisions of this Act. For this 
purpose, the CHR shall:
1. Provide legal assistance such as preparation of necessary pleadings, 
referral letters, and counseling;
Enter into Memorandums 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;
Accredit lawyers who will accept pro bono cases under this Act; and 
Create an efficient system of case referrals to appropriate government 
departments or agencies.
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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 Service 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;
i. 
Undertake, promote or publish research and conduct advocacy activity on 
matters relating to the rights and welfare of children; and
j. Work in collaboration and coordination with stakeholders in dealing with issues 
concerning children.
Sec. 125. The CHR En Banc shall designate one (1) focal Commissioner, who, 
together with the Child 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.
Sec. 126. 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.
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Sec. 127. 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 X
PHILIPPINE COMMISSION FOR CHILDREN
Sec. 128. There is hereby created a Philippine Commission for 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.
Sec. 129. 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;
b. Four (4) Commissioners on Child Protection, Child Health and Nutrition, Child 
Development, and Child Participation;
c. Executive Director of the Commission; and
d. Four (4) Child Representatives.
The Chairperson of the Commission shall have the rank and privileges of a Department 
Secretary. The appointive Commissioners shall have the rank and privileges of a 
Department Undersecretary. They shall be entitled to compensation and other 
emoluments and shall be subject to the same disqualification.
The Child Representatives shall be selected through a transparent and participatory 
selection process ensuring that the chosen representative reflects the diverse voices 
and experiences of Filipino children across the country. The Child Representative shall 
be an active member of a legitimate children's organization and shall be appointed by 
the President for a term of three (3) years, and subject to one (1) reappointment.
Sec. 130. To achieve the objectives of the Commission, it shall have the 
following powers and functions:
a. Provide leadership in the formulation of policies and the setting of priorities and 
direction of all child promotion and development programs and activities;
b. Act as the leading advocate for child rights and wellbeing, promoting their 
integration into all relevant government policies, plans, and programs;
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as its
Formulate integrated national plans, policies, programs, and projects including 
services relative to the development of general welfare and protection of the 
best interests of the child;
Coordinate the implementation and enforcement of policies, plans, and 
programs relative to the promotion and protection of children's rights and 
welfare;
Set up a system of networking and coordination with and among all existing 
government agencies and non-government organizations (NGOs) for the 
effective implementation of plans and strategies for children;
Serve as an oversight body over committees, councils, and other structures and 
recommend areas of convergence for improved and efficient coordination, 
information-sharing, and monitoring of the safety and well-being of a child; 
Review, monitor, and evaluate all local and international policies, plans, and 
programs on the rights of the child, by establishing a monitoring and evaluation 
system that shall serve as the primary monitoring, evaluation, and reporting 
tool of the Commission;
Ensure the establishment of a 24/7 monitoring, reporting, and response system 
that wouid cater to ail children's concerns;
Provide technical assistance and capacity building at all levels for the effective 
implementation of policies, pians, and programs of the Commission, especially 
those that involve the setting up or strengthening of mechanisms for, by, and 
with children;
Maintain strong partnerships with the LGUs 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;
Prepare and submit country reports to the CRC Committee, ASEAN bodies and 
other treaty bodies;
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.
Sec. 131. The Commission shall be supported by a Secretariat that will serve
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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.
Sec. 132. 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.
Sec. 133. 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 Local Council for the 
Protection of Children (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.
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CHAPTER VIII 
FINAL PROVISIONS
Sec. 134. 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.
Sec. 135. 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.
Sec. 136. Implementing Rules 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.
Sec. 137. Congressional Oversight Committee on the Magna Carta of Children 
- 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, DepEd, and one CSO representative 
which shall be determined by the aforementioned government agencies.
Sec. 138. Suppietory Application. - 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.
Sec. 139. Separability Cause. - If any part or provision of this Act is declared 
invalid or unconstitutional, the other parts hereof not affected thereby shall remain 
valid.
Sec. 140. Repealing 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.
Sec. 141. 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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