SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
) 
) 
) 
S.B. No. 
2609 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
Tj FEB -2 P5 :34 
REz'EI\'Etl BY: __ t~ 
PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN 
SITUATIONS OF ARMED CONFLICT AND PROVIDING PENALTIES FOR 
VIOLATIONS THEREOF 
EXPLANATORY NOTE 
The Philippines has a long history of armed conflict. In these armed conflicts, 
Children are never spared from harm and distress. Government records report that there 
is an estimate of 30,000 to 50,000 children who are affected by armed conflicts 1. These 
children suffer from both physical and psychological trauma. 
This proposed measure seeks to provide a comprehensive strategy for the 
treatment of children in armed conflict; including their rescue and demobilization, 
rehabilitation and reintegration. 
Children should be provided utmost protection from all forms of danger that they 
deserve. ThUs, it is imperatiVe tnat the State exerts all its efforts to ensUre tfjat efmarM 
are sheltered and protected at all times, 
In view of the foregoing, passage of this bill is earnestly sought. 
1 Situation of the Filipino Children, Subaybay Bata Macro Monitoring System, Council for the Welfare of Children, 
2012 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
'15 
FEB -2 P5 :34 
SENATE 
S.B. No: 2609 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN 
SITUATIONS OF ARMED CONFLICT AND PROVIDING PENALTIES FOR 
VIOLATIONS THEREOF 
Be it enacted by the Senate and House of Representatives of the Congress assembled: 
1 
CHAPTER I 
2 
GENERAL PROVISIONS 
3 
SECTION 1. Short Title. -
This Act shall be known as the "Special Protection 
4 
of Children in Situations of Armed Conflict Act of 2015". 
5 
6 
SEC. 2. 
Declaration of State Policy. -
It shall be the policy of the State to 
7 
provide special protection to children in situations of armed conflict from all forms of 
8 
abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial to their 
9 
development, taking into consideration their gender, cultural, ethnic and religious 
10 
background. For this purpose, the State shall: 
11 
(a) 
Fully implement the protection guaranteed under the Convention on the 
12 
Rights of the Child, its Optional Protocol on the Involvement of Children in Armed 
13 
Conflict and all other core human rights treaties, particularly, the International Covenant 
14 
on Civil and Political Rights and the Convention Against Torture and Other Cruel, 
15 
Inhuman or Degrading Treatment or Punishment; other pertinent international 
16 
instruments such as, but not limited to, the ILO Convention No. 182 concerning the 
17 
prohibition and immediate action for the elimination of the worst forms of child labor; the 
18 
Geneva Conventions of 1949 and the additional protocols ratified by the Philippines; 
19 
and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer 
20 
of Anti-Personnel Mines and on Their Destruction; 
21 
(b) 
Take into account the Paris Principles on the Principles and Guidelines on 
22 
Children Associated with Armed Forces or Armed Groups, the United Nations Guiding 
1 


1 
Principles on Internal Displacement. the United Nations Security Council Resolutions 
2 
related to children affected by armed conflict and other pertinent international 
3 
instruments in the implementation of its treaty obligations and of this Act; 
4 
(c) 
Respect the human rights of children at all times. It shall be recognized 
5 
that children are entitled to dignity and respect as human beings in need of protection 
6 
from degradation, humiliation, maltreatment, exploitation and assault; 
7 
(d) 
Consider as paramount the best interests of children and treat all children 
8 
involved in, affected by or displaced by armed conflict as victims; 
9 
(e) 
Take all feasible measures to prevent the recruitment and use of children 
10 
in armed conflict and shall take all necessary measures to ensure the effective 
11 
implementation and enforcement of the provisions of this Act; 
12 
(f) 
Take all the necessary measures to address the root causes of armed 
13 
conflict that result in involving, affecting or displacing children, which include poverty, 
14 
lack or absence of quality basic psychosocial services, belief in the ideologies of an 
15 
armed group, secessionist advocacy, affiliation of family members in armed groups, 
16 
pursuit of alternative justice for atrocities, abuses and injustices experienced, and 
17 
persistence of armed conflicts; 
18 
(g) Continue to recognize its primary role in providing effective protection and 
19 
relief to all children in situations of armed conflict; 
20 
(h) 
Continue to fulfill its responsibilities to end impunity and to prosecute 
21 
those responsible especially for grave child rights violations in armed conflict; and 
22 
(i) 
Ensure the right to participation of children affected by armed conflict in all 
23 
its policies, actions, decisions concerning their rescue, rehabilitation and reintegration. 
24 
25 
SEC. 3. 
Scope of Application. - This Act shall apply to all children involved 
26 
in, affected by or displaced by armed conflict. 
27 
The application of this Act shall not affect the legal status of any party to an 
28 
armed conflict. 
29 
30 
SEC. 4. 
Interpretation of this Act. - Nothing in this Act shall be construed as 
31 
precluding provisions in existing Philippine laws, international human rights laws and 
32 
related instruments, and international humanitarian laws that are more conducive to the 
33 
realization of the rights of children. 
34 
35 
SEC. 5. 
Definition of Terms. - As used in this Act: 
36 
(a) 
Abduction of children refers to the seizure, apprehension, taking in 
37 
custody, detention or capture of one or more children either temporarily or permanently 
2 


1 
by force, threat of force or coercion, or deception for the purpose of any form of 
2 
exploitation of such children in the situation of armed conflict. 
3 
(b) 
Armed conflict refers to armed confrontations occurring between 
4 
governmental armed forces and one or more armed groups, or between such groups 
5 
arising in the Philippine territory. These shall include activities which may lead to armed 
6 
confrontation or armed violence that put children's lives at risk and their rights violated. 
7 
(c) 
Armed group refers to an armed non-state actor or non-state entity 
8 
engaged in armed conflict against the State or engaged in armed violence. 
9 
(d) 
Attacks on schools, hospitals, places of worship, evacuation centers and 
10 
public places where children are usually found refer to the occupation, shelling, 
11 
targeting for propaganda of schools, hospitals or places of worship; causing damage to 
12 
such places, or harm or injury to their personnel; or causing the total or partial physical 
13 
destruction of such facilities; or disruption of educational activities and health services. It 
14 
also refers to attacks of such places which have been temporarily abandoned by the 
15 
community as a result of armed conflict, unless these places have been declared as a 
16 
"no man's land". 
17 
(e) 
Child protection refers to the measures, structures and activities that 
18 
ensure the prevention and response to abuse, neglect, exploitation and violence 
19 
affecting children. It shall include the promotion of their development and psychosocial 
20 
well-being. 
21 
(f) 
Child refers to a person below eighteen (18) years of age or one over but 
22 
is unable to fully take care of one's self or protect one's self from abuse, neglect, 
23 
cruelty, exploitation or discrimination because of physical or mental disability or 
24 
condition. 
25 
(g) 
Children in Situations of Armed Conflict (CSAC) refers to all Children 
26 
Involved in Armed Conflict (CIAC), Children Affected by Armed Conflict (CAAC) and 
27 
Internally Displaced Children (IDC). 
28 
(h) Children Involved in Armed Conflict (CIAC) refers to children who are either 
29 
forcibly, compulsorily recruited or who voluntarily joined in any governmental armed 
30 
forces or any armed group in any capacity to participate directly in armed hostilities as 
31 
combatants or as fighters, or take support roles such as, but not limited to, scouting, 
32 
spying, sabotaging, acting as decoys, assisting in checkpOints, being couriers, 
33 
messengers, porters, cooks and being used for sexual purposes. 
34 
(i) 
Children Affected by Armed Conflict (CAAC) refers to all children 
35 
population experiencing or have experienced armed conflict. 
36 
0) 
Demobilization of children refers to the process of formal and controlled 
37 
disarmament of Children and their release from an armed force or armed group. It shall 
38 
likewise refer to the informal ways in which children leave the governmental armed 
3 


1 
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32 
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forces or armed group. It entails a disassociation from the armed force or armed group 
and the beginning of transition to mainstream society. Demobilization of children can 
take place during the situation of armed conflict; it is not dependent on the temporary or 
permanent cessation of hostilities; it is not dependent on children having weapons to 
forfeit. 
(k) 
Explosive Remnants of War (ERW) refers to unexploded ordnance and 
abandoned explosive ordnance. Explosive Ordnance refers to munitions that contain 
explosives, nuclear fission or fusion material, biological and chemical agents. These 
include bombs and warheads, guided and ballistic missiles, artillery, mortar, small arms 
ammunition, mines, torpedoes, depth charges, demolition stores, pyrotechnics, cluster 
munitions and dispensers, cartridges and propelled actuated devices, electric explosive 
devices and similar items that are explosive in nature. Unexploded Ordnance refers to 
explosive ordnance, which have been primed, fuzzed, armed or otherwise prepared for 
use or used. They could have been fired, dropped, launched, projected yet remain 
unexploded either through malfunction or design or for any other cause. 
(I) Food blockade refers to an armed conflict tactic of forcibly cutting off entry of 
food supplies in a particular area where children can be found. 
(m) 
Governmental armed forces refer to the Armed Forces of the Philippines 
(AFP) including the paramilitary forces, the Philippine National Police (PNP) and other 
law enforcement agencies. 
(n) 
Grave child rights violations refer to the crimes committed against children 
that constitute flagrant violations of their human rights and have severe consequences 
in their lives. These crimes include those enumerated in Section 8 of this Act such as, 
but not limited to, killing or maiming of children, recruitment or use of CIAC, rape and 
other forms of sexual violence against children, abduction of children, attacks against 
schools or hospitals, or denial of humanitarian access to children. 
(0) 
Hamleting refers to an armed conflict strategy that isolates a community of 
importance to the enemy which is inhabited by children including relocating community 
away from crucial zones. This strategy could be used to control the activities of the 
people in said areas. 
(p) 
Hospitals or health facilities refer to any structure recognized and known 
by the community as a facility where the sick and wounded are provided with medical 
and/or health care services. 
34 
(q) 
Humanitarian access refers to the right of vulnerable populations to 
35 
receive international protection and assistance from an impartial humanitarian relief 
36 
operation to complement efforts of national authorities. Such action is subject to the 
37 
consent of the State or parties concerned and does not prescribe coercive measures in 
38 
the event of refusal, however unwarranted. 
4 


1 
(r) 
Humanitarian assistance refers to aid that seeks to save lives and 
2 
alleviate suffering of a crisis-affected population. Humanitarian assistance must be 
3 
provided in accordance with the basic humanitarian principles of humanity, impartiality, 
4 
independence and neutrality. Assistance may be divided into three (3) categories: direct 
5 
assistance, indirect assistance and infrastructure support, which have diminishing 
6 
degrees of contact with the affected population. 
7 
(s) 
Internally Displaced Children (IDC) refers to children or group of children, 
8 
whether separated or together with their families, who have been forced or obliged to 
9 
flee or to leave their homes or places of habitual residence, in particular, as a result of 
10 
or in order to avoid the effect of armed conflict and situations of generalized violence. 
11 
(t) 
Improvised Explosive Device (lED) refers to a device that is homemade or 
12 
fabricated, constructed and deployed in ways other than conventional military action; 
13 
containing or having contents from indigenous materials or substances that are 
14 
destructive, lethal, noxious, pyrotechnic or incendiary chemicals, and deSigned to 
15 
destroy, kill, incapacitate, harass or distract. IEDs are diverse in design such as, but not 
16 
limited to, packages or landmine or roadside bombs, and contain many types of 
17 
initiators, detonators, penetrators and explosive loads. These include shrapnel-
18 
generating objects such as, but not limited to, nails, ball-bearings, small pieces of iron or 
19 
steel bars and alike that may be used individually or in combination. These are triggered 
20 
by various methods such as by remote control or command-detonation. 
21 
(u) 
Killing of children refers to acts of all kinds in the context of armed conflict 
22 
that result in the death of one or more children. Among others, they include the death of 
23 
children as a result of direct targeting and indirect actions, such as cross-fire, use of 
24 
landmines, cluster munitions, ERW, all forms and types of lED; or house demolitions, 
25 
search and arrest campaigns, suicide attacks and torture; they also include murder, 
26 
homicide and such other similar crimes as defined in the Revised Penal Code, as 
27 
amended, and other special laws. 
28 
(v) 
Maiming of children refers to acts of all kinds in the context of armed 
29 
conflict that result in serious or permanent or disabling injury, scarring or defacing, or 
30 
mutilation to one or more children. It shall cover intentional maiming of children where 
31 
they Hre directly targeted, and causal maiming of children which result from indirect 
32 
actions, such as cross-fire, use of landmines, cluster munitions, ERW, all forms and 
33 
types of lED; or in the context of house demolitions, search and arrest campaigns, 
34 
suicide attacks and torture. 
35 
(w) 
Other acts of gender-based violence refer to physical or sexual violence 
36 
other than rape, and psychosocial harm that is committed against a person as a result 
37 
of power inequities that are based on gender roles. These include, among others, 
38 
sexual slavery, prostitution, forced marriage, forced pregnancy or forced sterilization. 
5 


1 
(x) 
Rape refers to the crime of rape as defined under Article 266-A of the 
2 
Revised Penal Code, as amended by Republic Act No. 8353 or the 
Anti-Rape Law. 
3 
(y) 
Recruitment refers to compulsory, forced or voluntary conscription or 
4 
enlistment of children into the governmental armed force or forced or voluntary 
5 
membership into the armed group. 
6 
(z) 
School refers to any structure that is recognized and known by the 
7 
community as a learning space and marked by visible boundaries. 
8 
(aa) 
Zone of Peace refers to a site with sacred, religious, historic, educational, 
9 
cultural, geographical or environmental importance which is protected and preserved by 
10 
its own community and officially recognized by a governmental authority. It is not merely 
11 
a "Demilitarized Zone", but a sanctuary that operates within ethical prinCiples of 
12 
nonviolence, free from weapons, acts of violence, injustice and environmental 
13 
degradation. 
14 
15 
16 
CHAPTER II 
RIGHTS OF CHILDREN IN ARMED CONFLICT 
17 
18 
SEC. 6. 
Children as Zones of Peace. - Children are hereby declared as 
19 
zones of peace,. The treatment of children as zones of peace shall extend beyond 
,. 
20 
territorial or geographical boundaries and focus on the person of the child whose rights 
21 
shall be promoted and protected at all times, especially in situations of armed conflict or 
22 
violence. The State and all sectors concerned shall have the responsibility to resolve 
23 
armed conflict in order to promote the goal of children as zones of peace. As such, the 
24 
community, governmental authority and, if appropriate, religious leadership shall 
25 
preserve the peaceful integrity of children and shall exemplify mutual respect and 
26 
nonviolent behavior in the presence of children, and share their resources for furthering 
27 
peace and cooperation. 
28 
29 
SEC. 7. 
Rights of Children in Situations of Armed Conflict. -
Children in 
30 
Situations of Armed Conflict (CSAC) shall have the following rights: 
31 
(a) 
The right of special respect and protection against any form of abuse, 
32 
neglect, exploitation and violation, especially in the context of armed conflict; 
33 
(b) 
The right of all children involved in, affected by or displaced by armed 
34 
conflict to be treated as victims. They shall be treated in accordance with this Act and 
35 
other applicable laws, consistent with the State obligation under international law, within 
36 
the framework of restorative justice, social rehabilitation and promotion of their 
37 
protection; 
6 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
(c) 
The right to be considered as object of special respect and to be protected 
from any form of direct or indiscriminate attacks and acts of violence especially 
protection from the grave child rights violations as enumerated in Section 8 of this Act; 
(d) 
The right to be protected from recruitment into governmental armed forces 
or armed groups and from participation in armed conflict. This shall include the right to 
be protected from torture or any cruel, inhuman or degrading practices that compel 
compliance or punish noncompliance with recruitment or participation in armed conflict; 
(e) 
The right to be immediately provided and have safe access to essential, 
adequate and culturally appropriate food and nutrition; basic shelter and housing; 
culturally appropriate clothing; water, sanitation and hygiene; basic health services 
including essential drugs, medicines and vaccines, health professional evaluation and 
appropriate intervention; education, including religious and moral education; Early 
Childhood Care and Development (ECCD) programs, psychosocial support and social 
services. All services provided for children must be child and gender sensitive or 
responsive; 
(f) 
The right to enjoy their freedom of thought, conscience, religion or belief, 
17 
opinion and expression; to associate freely and participate equally in legitimate 
18 
community affairs; to communicate in a language they understand even in situations of 
19 
armed conflict and whether or not they have been internally displaced or are living in 
20 
evacuation centers or settlements; 
21 
(g) 
The right of the wounded and sick children to be cared for and provided 
22 
with aid or assistance or medical services, whether because of their age or for any other 
23 
reason; 
24 
(h) 
The right of all children to be treated humanely in all circumstances, 
25 
without any adverse distinction founded on race, color, religion or faith, gender, birth or 
26 
wealth, or any other similar criteria; 
27 
(i) 
The right not to be interned in or confined in camp, especially IDC and 
28 
their families; 
29 
(j) 
The right of IDC, unaccompanied minors, expectant mothers, children with 
30 
disabilities, the wounded and the sick children to protection and assistance required by 
31 
their condition, and to treatment which takes into account their special needs such as, 
32 
but not limited to, their health needs, reproductive health care as well as appropriate 
33 
counseling, prevention of contagious and infectious diseases, including HIV/AIDS and 
34 
access to psychosocial services; 
35 
(k) 
The right of children to be with their families, especially with their mothers, 
36 
during evacuations and in evacuation centers; 
37 
(I) 
The right to liberty of movement and freedom to choose their residence 
38 
especially the IDC and their families who shall have the right to move freely in and out 
7 


1 
of evacuation centers or other settlements, subject to existing rules and regulations in 
2 
those centers or settlements; 
3 
(m) 
The right especially of IDC and their families to: leave the country; seek 
4 
safety in another part of the country; seek other service providers; seek asylum in 
5 
another country; and be protected against forcible return to resettlement in any place 
6 
where their life, safety, liberty or health would be at risk; 
7 
(n) 
The right of all children to be reunited with their families in case of 
8 
separation due to armed conflict; 
9 
(0) 
The right to obtain necessary documentls to enjoy their legal rights. The 
10 
State shall have the duty to expedite services in the issuance of new documents or the 
11 
replacement of documents lost in the course of displacement, without imposing 
12 
unreasonable conditions and without discrimination against female child and male child, 
13 
who shall have equal rights to obtain and to be issued the same in their own names; 
14 
(p) 
The right of access to justice including free legal aid when filing cases 
15 
against the perpetrators; and 
16 
(q) 
The right for the property and possessions of children and their families to 
17 
be protected in all circumstances. 
18 
The rights enumerated in this section shall not hinder the application of other 
19 
rights recognized and guaranteed in the Constitution and other existing laws in keeping 
20 
with the best interests of the child. 
21 
22 
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25 
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27 
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30 
31 
32 
33 
34 
35 
36 
37 
CHAPTER '" 
UNLAWFUL AND PROHIBITED ACTS 
SEC. 8. 
Unlawful or Prohibited Acts. -
(a) 
It shall be unlawful for any 
person to commit the following acts of grave child rights violations: 
1. 
Killing of children; 
2. 
Torture committed against children. For purposes of this Act, torture shall 
include those enumerated in Section 4 of Republic Act No. 9745 or the Anti-Torture Act; 
3. 
Intentional or causal maiming of children; 
4. 
Rape of children; 
5. 
Cruel, inhuman and degrading treatment or punishment committed against 
children. 
For purposes of this Act, cruel, inhuman and degrading treatment or 
punishment shall include those enumerated in Section 5 of Republic Act No. 9745 or 
the Anti-Torture Act; 
6. 
Abduction of children; 
7. 
Taking children as hostages or using them as human shield; 
8 


1 
8. 
Recruitment, conscription or enlistment of children into governmental 
2 
armed forces and other armed groups; 
3 
9. 
Other acts of gender-based violence against children; 
4 
10. 
Refusal or denial of humanitarian access and/or assistance to children; 
5 
11. 
Use or involvement of CIAC in any capacity as defined in Section 5(h) of 
6 
this Act; and 
7 
12. 
Attack on schools, hospitals, places of worship, evacuation centers and 
8 
settlements and other public places where children can usually be found. 
9 
(b) 
Likewise, it shall be unlawful for any person to commit the following acts: 
10 
(1) 
Hamleting; 
11 
(2) 
Food blockade; 
12 
(3) 
Intentional delayed reporting of a child in custody; 
13 
(4) 
False reporting of a child in custody; and 
14 
(5) 
False branding of children or labeling children as children involved in 
15 
16 
17 
18 
19 
20 
21 
22 
armed conflict. 
(c) 
It shall also be unlawful for parents, ascendants, guardians, step parents 
or collateral relatives within the third (3rd) degree of consanguinity or affinity, or any 
person having control or moral ascendancy to the child, to allow, willfully encourage, 
compel, coerce or influence their child or children to be part of an armed group or a 
governmental armed force. 
23 
CHAPTER IV 
24 
PENALTIES AND PRESCRIPTION OF CRIME 
25 
SEC. 9. 
Penalties. -
The following penalties and sanctions are hereby 
26 
imposed for the offenses enumerated in this Act: 
27 
(a) 
Any person found guilty of committing any of the acts enumerated in 
28 
subparagraphs 1, 2, 3 and 4 of Paragraph (a), Section 8 of this Act shall suffer the 
29 
penalty of life imprisonment and a fine of not less than Two million pesos 
30 
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00); 
31 
(b) 
Any person found guilty of committing any of the acts enumerated in 
32 
subparagraphs 5, 6, 7, 8, 9,10,11 and 12 of Paragraph (a), Section 8 of this Act shall be 
33 
punished with an imprisonment of not less than fourteen (14) years but not more than 
34 
twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not 
35 
more than Two million pesos (P2,000,000.00): 
Provided, That where the crimes 
36 
committed resulted in the killing, torture, maiming or rape of children in subparagraphs 
37 
1, 2, 3 and 4 of Paragraph (a), Section 8, the penalty imposed shall be that of Section 
38 
9(a) of this Act; 
9 


1 
(c) 
Any person found guilty of committing any of the acts enumerated in 
2 
subparagraphs 1, 2, 3, 4 and 5 of Paragraph (b), Section 8 of this Act shall be punished 
3 
with an imprisonment of not less than six (6) years but not more than twelve (12) years 
4 
and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more 
5 
than One million pesos (P1 ,000,000.00); and 
6 
(d) 
Parents, ascendants, guardians, step parents or collateral relatives within 
7 
the third (3rd) degree of consanguinity or affinity or any person having control or moral 
8 
ascendancy to the child to allow, willfully encourage, compel, coerce or influence their 
9 
child or children to be part of an armed group shall be punished with an imprisonment of 
10 
not less than six (6) years but not more than twelve (12) years: Provided, however, 
11 
That parents, ascendants, guardians, step parents or collateral relatives within the third 
12 
(3rd) degree of consanguinity or affinity or any person having control or moral 
13 
ascendancy to the child found guilty hereof may be allowed to serve the minimum 
14 
period of imprisonment based on the sound discretion of the courts guided by the 
15 
principles of parens patriae. 
16 
17 
SEC. 10. 
Non-implementation or Violation of Any Other Provisions of this Act 
18 
or the Rules and Regulations in General. -
Any public officer who shall knowingly and 
19 
maliciously prevent, prohibit, refuse or discontinue the implementation of any provision 
20 
of this Act or any rules and regulations promulgated in accordance thereof, or in any 
21 
other way violate them if such officer has the duty to implement, shall be punished by 
22 
imprisonment of not less than six (6) years but not more than twelve (12) years and 
23 
perpetual absolute disqualification from public office. 
24 
Any such officer who shall prevent, prohibit, refuse or discontinue the 
25 
implementation of this Act or its rules and regulations, or in any other way violate them 
26 
by reason of inexcusable negligence or ignorance, shall be punished with an 
27 
imprisonment of not less than one (1) month but not more than six (6) months and 
28 
temporary special disqualification from public office. 
29 
The public officer liable under this section shall, in addition to the imprisonment, 
30 
be held administratively liable under existing applicable laws. 
31 
Any person who shall commit any other act not covered in Section 8, which shall 
32 
result in prejudicing the rights of CIAC, CAAC or IDC protected under this Act, shall be 
33 
punished with an imprisonment of not less than six (6) months but not more than six (6) 
34 
years. 
35 
36 
37 
38 
SEC. 11. 
Forfeiture of Proceeds, Property and Assets. -
The court shall 
order the forfeiture of proceeds, property and assets derived, directly or indirectly, from 
the crimes defined and penalized in this Act, without prejudice to the rights of the bona 
10 


1 
fide third (3rd) party. The court shall impose the corresponding accessory penalties 
2 
under the Revised Penal Code, as amended, especially where the offender is a public 
3 
officer. 
4 
The liabilities imposed in this Act shall not prejudice the application of other 
5 
existing criminal, civil and administrative liabilities that may additionally be imposed 
6 
upon the person. 
7 
8 
SEC. 12. 
Nonprescription. - The crimes defined and penalized under this 
9 
Act, their prosecution and the execution of sentences imposed on their account shall not 
10 
be subject to any prescription. 
11 
12 
13 
14 
15 
16 
SEC. 13. 
CHAPTER V 
PRINCIPLES OF CRIMINAL LIABILITY AND 
APPLICATION OF PENALTIES 
Individual Criminal Responsibilities. - Any person committing such 
17 
crime shall be criminally liable for a crime defined and penalized in this Act, whether as 
18 
an individual, jointly with another or through another person, regardless of whether that 
19 
other person is criminally responsible. 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
SEC. 14. 
Irrelevance of Official Capacity. - This Act shall apply equally to all 
persons without any distinction based on official capacity. In no case shall the official 
capacity exempt a person from criminal responsibility or constitute a ground for 
reduction of sentence. 
SEC. 15. 
Responsibility of Superiors. 
-
In addition to other grounds of 
criminal responsibility for crimes defined and penalized under this Act, a superior shall 
be criminally responsible for such crimes committed by subordinates where: 
(a) 
That superior either knew or, owing to the circumstances at the time, 
should have known that the subordinates were committing or about to commit such 
31 
crimes; or 
32 
(b) 
That superior failed to take all necessary, legitimate and reasonable 
33 
measures to prevent or repress their commission or to submit the matter to the 
34 
competent authorities for investigation and prosecution. 
35 
36 
SEC. 16. 
Orders from a Superior. 
-
The fact that a crime defined and 
37 
penalized under this Act has been committed by a person pursuant to an order of a 
11 


1 
superior shall not relieve that person of criminal responsibility unless all of the following 
2 
elements occur: 
3 
(a) 
The person was under a legal obligation to obey orders of the superior in 
4 
question; 
5 
(b) 
The person did not know that the order was unlawful; and 
6 
(c) 
The order was not manifestly unlawful. 
7 
For purposes of this section, orders to commit grave child rights violations 
8 
enumerated in Section 8 are manifestly unlawful and shall be punished under this Act 
9 
and other applicable existing laws. 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
SEC. 17. 
Unknown Superior. -
Where the crimes defined and penalized 
under this Act have been committed by a person pursuant to an order or command of 
unknown superior, any person who in fact directed the others, spoke for them, signed 
receipts and other documents issued in their name, or who has performed similar acts 
on behalf of the armed groups, shall be deemed the superior. 
SEC. 18. 
CHAPTER VI 
INVESTIGATION, PROSECUTION AND COURT 
Court, Prosecutors and Investigators. - The Family Courts shall 
21 
have original and exclusive jurisdiction over the crimes punishable under this Act. 
22 
The Commission on Human Rights (CHR), the Department of Justice (DOJ) and 
23 
its attached agencies, the PNP or other concerned law enforcement agencies shall 
24 
designate prosecutors or investigators, as the case may be, for cases involving crimes 
25 
punishable under this Act. 
26 
The State shall ensure that judges, prosecutors and investigators, especially 
27 
those designated for purposes of this Act, receive effective training in human rights 
28 
particularly on the Convention on the Rights of the Child and its Optional Protocol on the 
29 
involvement of CIAC and related international instruments, International Humanitarian 
30 
Law and International Criminal Law. 
31 
32 
SEC. 19. 
Requirement and Procedures on Age Verification and Presumption 
33 
of Minority. -
The child involved in, affected by or displaced by armed conflict shall 
34 
enjoy the presumption of minority and shall enjoy all the rights of a child recognized in 
35 
this Act and other applicable laws unless proven to be eighteen (18) years or older. 
36 
The age of a child may be determined from the child's birth certificate, baptismal 
37 
certificate or any other pertinent documents. In the absence of these documents, age 
38 
may be based on information from the child, testimonies of other persons, the physical 
12 


3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
appearance of the child and other relevant evidence. In case of doubt as to the age of 
the child, it shall be resolved in favor of minority. 
Any person contesting the age of the child prior to the filing of the information in 
any appropriate court may file a case in a summary proceeding for the determination of 
age before the Family Court, which shall decide the case within twenty-four (24) hours 
from receipt of the appropriate pleadings of all interested parties. 
If a case has been filed against the child and is pending in the appropriate court, 
the person shall file a motion to determine the age of the child in the same court where 
the case is pending. Pending hearing on the said motion, proceedings on the main 
case shall be suspended. 
In all proceedings, law enforcement officers, prosecutors, judges and other 
government officials concerned shall exert all efforts at determining the age of the child 
in armed conflict. 
SEC. 20. 
Protection of Victims and Witnesses. 
-
In addition to existing 
16 
provisions in Philippine law for the protection of victims and witnesses, the following 
17 
measures shall be undertaken: 
18 
(a) 
The court shall take appropriate measures to protect the safety, physical 
19 
and psychological well-being, dignity and privacy of child victims and witnesses. In so 
20 
doing, the court shall have regard of all relevant factors, including age, gender and 
21 
health, and the nature of the crime, in particular, but not limited to, where the crime 
22 
involves sexual or gender-based violence or violence against children; 
23 
(b) 
The court shall protect the privacy of child victims and witnesses and 
24 
observe confidentiality consistent with existing rules on examination of child victims and 
25 
witnesses; 
26 
(c) 
Where the personal interests of the child victims are affected, the court 
27 
shall consider the child victim's views and concerns in accordance with established 
28 
rules of procedure and evidence; and 
29 
(d) 
Where the disclosure of evidence or information may be prejudicial to the 
30 
security of the child, witness or the family, the prosecution may withhold such evidence 
31 
or information and instead submit a summary thereof consistent with the rights of the 
32 
accused to a fair and impartial trial. 
33 
34 
SEC. 21. 
Reparation to Victims. -
In addition to existing provisions in 
35 
Philippine law and procedural rules for reparations to victims, the following measures 
36 
shall be undertaken: 
37 
(a) 
The court shall follow the principles relating to the reparations to, or in 
38 
respect of, child victims, including restitution, compensation and rehabilitation, taking 
13 


1 
into consideration the scope and extent of any damage, loss or injury suffered by child 
2 
victims; 
3 
(b) 
The court shall make an order directly against a convicted person 
4 
specifying appropriate reparations to child victims, including restitution, compensation 
5 
and rehabilitation; and 
6 
(c) 
Before making an order under this section, the court may invite and shall 
7 
take account of representations from or on behalf of the convicted person, child victims 
8 
or other interested persons. 
9 
Nothing in this section shall be interpreted to prejudice the rights of child victims 
10 
under national or international law. 
11 
12 
SEC. 22. 
Immunity from Suit for Persons Providing Assistance. 
-
Any 
13 
person who shall take custody of CIAC to ensure their safety or provide them any form 
14 
of assistance shall be exempt from any civil, criminal and administrative liability: 
15 
Provided, That the person shall report it to the Local Social Welfare and Development 
16 
Office (LSWDO), the PNP or to the barangay office within forty-eight (48) hours. 
17 
18 
CHAPTER VII 
PREVENTION, REHABILITATION AND REINTEGRATION, 
RESCUE AND DEMOBILIZATION 
19 
20 
21 
22 
SEC. 23. 
Prevention. - The State shall take all feasible measures to prevent 
23 
the recruitment, re-recruitment, use or displacement of CIAC. It shall take all necessary 
24 
measures to ensure the effective implementation and enforcement of the provisions of 
25 
this Act. Towards this end, the State shall: 
26 
(a) 
Prioritize children's issues in the peace program of the government and 
27 
include children's concerns, specifically the effects of armed conflicts, in peace 
28 
negotiations; 
29 
(b) 
Include peace, human rights and protective behavior skills as fundamental 
30 
subjects in the education system; 
31 
(c) 
Provide educational assistance, whether formal or alternative learning 
32 
system, that is child and culturally sensitive; 
33 
(d) 
Develop and implement training programs and campaign towards 
34 
promoting a culture of peace and respect for human rights in collaboration with civil 
35 
society organizations; 
36 
(e) 
Provide capacity building for Local Governance and Community 
37 
Development, and ensure the participation of various organizations, especially of 
38 
children's and people's organizations at the community level. These organizations shall 
14 


1 
2 
3 
4 
5 
6 
7 
8 
9 
be involved in consultation and decision-making processes and in the development and 
implementation of programs, projects and activities established for them; 
(f) 
Establish livelihood programs which shall be made available to 
communities in identified priority areas in order to alleviate the living conditions of the 
people; 
(g) 
Make available basic health services in health facilities in identified priority 
areas. Culturally-sensitive nutrition program and activities including, but not limited to, 
supplementary feeding shall also be made available. Efforts to support traditional health 
practices in indigenous peoples' area shall also be initiated; 
10 
(h) 
Establish basic facilities and infrastructure needed; 
11 
(i) 
Ensure that child protection mechanisms are present and functional; and 
12 
0) 
Establish a comprehensive, effective and efficient system for monitoring 
13 
and reporting and response for violations as provided in Section 8 of this Act. 
14 
15 
SEC. 24. 
Rescue, Rehabilitation and Reintegration. - The State shall institute 
16 
policies, programs and services for rescue, rehabilitation and reintegration of CSAC. 
17 
The programs shall aim at providing services for children while involving their families, 
18 
communities and other entities to facilitate the children's reintegration process. 
19 
These services shall include, but not be limited to, psychosocial support, health 
20 
and nutrition, education, livelihood for families and other basic services, and legal 
21 
services as may be necessary. 
22 
Any program intervention shall be designed with due respect to the culture of 
23 
each child, family and community. The child shall, at all times, be provided with legal 
24 
assistance and physical security upon rescue. 
25 
The State shall take into account the following in the rescue, rehabilitation and 
26 
reintegration of children: 
27 
(a) 
Rescue: The State shall provide for adequate measures and mechanisms 
28 
to facilitate the recovery, either voluntary or involuntary, of children from armed groups 
29 
or governmental armed forces. It shall provide legal and physical security to CIAC 
30 
including services such as family tracing and system of referral or response on various 
31 
psychosocial services needed by the victims; 
32 
(b) 
Rehabilitation: 
The State shall facilitate the normal development of 
33 
children victims in their post-involvement phase. It shall provide services including 
34 
therapeutic counseling, security and protection, educational assistance and livelihood 
35 
opportunities to their parents, relatives or guardians or to the victims when they become 
36 
of age; 
37 
(c) 
Reintegration: 
The State shall bring children back to their families or 
38 
communities whenever possible. This shall involve services including the provision of 
15 


1 
alternative parental care. Trainings aimed to enhance community readiness in the 
2 
reintegration of these children shall also be undertaken. Whenever possible, 
3 
interventions for children shall be done with respect to their opinion. Interventions for 
4 
indigenous peoples (IP) children shall be conducted in recognition of the traditional 
5 
structures and institutions of their communities. 
6 
7 
SEC. 25. 
Demobilization of Children Involved in Armed Conflict (CIA C). -
8 
The State shall take all feasible measures to ensure that children recruited or used in 
9 
hostilities contrary to this Act are demobilized or otherwise released from service. 
10 
For purposes of this Act, demobilization activities shall be initiated independent of 
11 
any negotiated peace agreements. 
12 
The State, through its concerned agencies, in coordination with other 
13 
stakeholders shall have the following duties: 
14 
(a) 
Develop a child-specific demobilization program. This demobilization 
15 
program should not make as a requirement the surrender of arms by CIAC who have 
16 
assumed noncombatant roles; 
17 
(b) 
Monitor and document the status of CIAC who undergo either formal or 
18 
informal demobilization process; 
19 
(c) 
With due regard to the right to privacy of CIAC, their security and safety, 
20 
and considering the confidentiality of records, share data and information by both 
21 
government and nongovernment organizations to assess the needs of demobilized 
22 
CIAC and to formulate ways to address these needs, and be informed of their status 
23 
and updates of demobilized CIAC; 
24 
(d) 
Mobilize and strengthen networks for referrals; 
25 
(e) 
Provide free legal assistance to demobilized CIAC ensuring that the legal 
26 
needs of the former CIAC will be addressed, such as the prohibition or stoppage of filing 
27 
charges or dismissal of cases against CIAC as criminal or political offenders irrespective 
28 
of their association with any armed group or force; 
29 
(f) 
Ensure the formal demobilization of CIAC through various approaches 
30 
such as negotiating through the Government Peace Negotiating Panel (GPNP). Other 
31 
criminal armed groups that utilize children and are not involved in formal peace 
32 
negotiation with the government shall, however, be dealt in accordance with the peace 
33 
and order or security policy as may be provided by the appropriate government agency: 
34 
Provided, That in any demobilization action, the best interest of the child shall be 
35 
observed. 
36 
37 
SEC. 26. 
Rescued or Surrendered Children Involved in Armed Conflict 
38 
(CIAC). - Where the CIAC have been rescued or surrendered, they shall at all times be 
16 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
treated in a child-friendly and sensitive manner. The State, at all times, shall consider 
the safety and security of the CIAC. The following procedures shall apply without 
prejudice to the application of other existing laws that will uphold the best interests of 
the child: 
(a) 
The identity of rescued CIAC shall be protected. Any identifying 
information regarding them shall remain confidential; 
(b) 
Rescued CIAC shall not be used for any political propaganda nor be 
unnecessarily exposed to media in violation of child rights to privacy, security and 
confidentiality of their cases; 
(c) 
Upon the rescue or surrender of CIAC, government agencies, in particular, 
the AFP, the PNP, the Department of National Defense (DND), the local government 
units (LGUs), other concerned government agencies or nongovernment organizations 
(NGOs) in possession of CIAC shall report immediately within twenty-four (24) hours the 
incident to the LSWDO and the Council for the Welfare of Children (CWC); 
(d) 
The LSWDO shall coordinate with the agency or NGO in possession of 
CIAC for the turnover of custody of CIAC to the Department of Social Welfare and 
Development (DSWD); 
(e) 
The turnover to the LSWDO shall take place within twenty-four (24) hours 
or in cases where turnover is not possible within the prescribed twenty-four (24)-hour 
period due to valid reasons and without the fault of the person having custody of the 
child, the turnover shall be done within the next seventy-two (72) hours; 
(f) 
The LSWDO shall facilitate the family tracing and coordinate with parents, 
relatives or guardians of the CIAC to inform them of the turnover; 
(g) 
The Local Health Office (LHO), in coordination with the LSWDO, shall 
check and assess the medical and physical condition of CIAC. In cases where medical 
needs are apparent, the LHO shall ensure that medical services or treatment are 
received by the CIAC; 
(h) 
The LSWDO shall assess the needs of the CIAC and refer to concerned 
agencies to provide immediate assistance or appropriate services; 
(i) 
The LSWDO, in coordination with other agencies, shall enter the CIAC 
31 
into the child-specific demobilization programs; and 
32 
(j) 
The CIAC shall be reintegrated into the community. 
In cases where 
33 
reintegration to original community of origin is not feasible for reasons of the CIAC's 
34 
security, a foster community or institution shall be identified. 
35 
36 
37 
38 
CHAPTER VIII 
INVOLVEMENT OF GOVERNMENT AND 
17 


1 
NONGOVERNMENT ORGANIZATIONS 
2 
SEC. 27. 
Involvement 
of 
Government 
Organizations 
(GOs) 
and 
3 
Nongovernment Organizations (NGOs). - To effectively address the issue of CSAC, the 
4 
CWC, together with its member agencies, shall be assisted by the following government 
5 
organizations (GOs) for the proper implementation of this Act: 
6 
(a) 
Armed Forces of the Philippines (AFP); 
7 
(b) 
Commission on Human Rights (CHR); 
8 
(c) 
Department of National Defense (DND); 
9 
(d) 
Local government units (LGUs); 
10 
(e) 
National Commission on Indigenous Peoples (NCIP); 
11 
(f) 
National Commission on Muslim Filipinos (NCMF); 
12 
(g) 
National Disaster Risk Reduction and Management Council (NDRRMC); 
13 
14 
15 
(h) 
(i) 
G) 
Office of the Presidential Adviser on the Peace Process (OPAPP); 
Philippine Commission on Women (PCW); and 
" 
Philippine National Police (PNP). 
16 
Child-focused NGOs, in caring for CSAC, shall take active part in and strengthen 
17 
their programs on protecting these children. 
18 
For proper implementation of this Act, all GOs and NGOs including, but not 
19 
limited to, those identified herein shall provide their respective counterpart support 
20 
including, but not limited to, technical, logistical and financial assistance relative to the 
21 
implementation of programs, projects and activities for CSAC, in accordance with their 
22 
mandate and in accordance with existing accounting and auditing rules and regulations. 
23 
All programs should be participatory and should ensure the involvement of 
24 
children, their communities, NGOs, faith-based organizations or groups, and other 
25 
concerned groups. 
26 
27 
28 
29 
30 
SEC. 28. 
CHAPTER IX 
MONITORING AND REPORTING 
Monitoring and Reporting System. - The State, through the CWC, 
31 
in coordination with other concerned government organizations, shall ensure the 
32 
implementation of the provisions of this Act and shall submit to the President and to 
33 
Congress of the Philippines the annual report thereof. The CWC shall establish and 
34 
maintain a database for the monitoring and reporting of CSAC concerns integrated in its 
35 
monitoring system. 
36 
The CWC may hire additional personnel to complement its present secretariat to 
37 
perform its functions relative to this Act. 
38 
18 


CHAPTER X 
TRANSITORY PROVISIONS 
1 
2 
3 
4 
SEC. 29. 
Children Involved in Armed Conflict. -
Upon the effectivity of this 
5 
Act, criminal cases against CIAC shall immediately be dismissed and the child shall be 
6 
referred to the LSWDO. Such office, upon thorough assessment of the child, shall 
7 
determine whether to release the child to the custody of the parents, or refer the child to 
8 
prevention, rehabilitation and reintegration programs as provided under this Act. Those 
9 
with suspended sentences and undergoing rehabilitation at the youth rehabilitation 
10 
center shall likewise be released: Provided, That the Family Court shall, in consultation 
11 
with concerned agencies, determine and order the appropriate prevention, rehabilitation 
12 
and reintegration programs' the person shall undergo as provided under this Act. 
13 
14 
SEC. 30. 
Inventory of Custody of CSAC. - The AFP, the PNP, the Bureau of 
15 
Jail Management and Penology (BJMP), the DSWD, the NCIP, the NCMF and the 
16 
concerned LGUs are hereby directed to submit to the CWC, within ninety (90) days from 
17 
the effectivity of this Act, an inventory of all CSAC under their custody. 
18 
19 
SEC. 31. 
Children Who Reach the Age of Eighteen (18) Years Pending Court 
20 
Proceedings or in Suspended Sentences. -
In cases when a child reaches the age of 
21 
eighteen (18) years with pending case, the Family Court shall dismiss the case against 
22 
the person and determine, in consultation with concerned agencies, whether or not 
23 
there is a need for the person to undergo appropriate rehabilitation and reintegration 
24 
programs provided under this Act. 
25 
Those with suspended sentences and undergoing rehabilitation at the youth 
26 
rehabilitation center shall likewise be released: Provided, That the Family Court shall, in 
27 
consultation with 
concerned 
agencies, determine and 
order the appropriate 
28 
rehabilitation and reintegration programs the person shall undergo as provided under 
29 
this Act. 
30 
31 
SEC. 32. 
Children Who Have Been Convicted and are Serving Sentence. -
32 
Persons who have been convicted and are serving sentence at the time of the effectivity 
33 
of this Act and who were below the age of eighteen (18) years at the time of the 
34 
commission of the offense for which they were convicted and are serving sentence shall 
35 
likewise benefit from the retroactive application of this Act. They shall be entitled to 
36 
appropriate dispositions provided under this Act, and their sentences shall be adjusted 
37 
accordingly. They shall be immediately released if they are so qualified under this Act or 
38 
other applicable law. 
19 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
SEC. 33. 
CHAPTER XI 
FINAL PROVISIONS 
Implementing Rules and Regulations. - The CWC, together with its 
member agencies and the OPAPP, with the involvement of the civil society 
organizations, shall promulgate the implementing rules and regulations of this Act within 
ninety (90) days from its approval. All government agencies enumerated in Section 27 
of this Act shall be consulted insofar as the drafting of their responsibilities are 
concerned. 
NGOs involved in caring for CSAC shall likewise be consulted in the drafting of 
the implementing rules and regulations of this Act. 
SEC. 34. 
Appropriations. 
-
The amount necessary to cover the initial 
15 
implementation of this Act shall be charged against the current year's appropriations of 
16 
the concerned implementing departments/agencies. Thereafter, the amount necessary 
17 
for its continued implementation shall be included in the budgets of the concerned 
18 
departments/agencies in the annual General Appropriations Act. 
19 
20 
SEC. 35. 
Repealing Clause. -
Article X, Sections 22 to 26 of Republic Act 
21 
No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, 
22 
Exploitation and Discrimination Act", all laws, acts, presidential decrees, executive 
23 
orders, administrative orders, rules and regulations inconsistent with or contrary to the 
24 
provisions of this Act are deemed amended, modified or repealed accordingly. 
25 
26 
SEC. 36. 
Separability Clause. - If any part or provision of this Act is declared 
27 
invalid or unconstitutional, the other parts hereof not affected thereby shall remain valid. 
28 
29 
SEC. 37. 
Effectivity Clause. 
- This Act shall take effect fifteen (15) days 
30 
upon completion of its publication in at least two (2) national newspapers of general 
31 
circulation. 
Approved, 
20