HUUSE OF
Republic of the Philippines. RECEIVED

Pi

ENTATIVES

Congress of the Philippin
DF REPRESENTATIVES
Quezon City

O2AUG 2016
GM

SEVENTEENTH CONGRESS
First Regu

House Bill No, _ 2945

ATION UNIT
SAND ANLEX SERVI

Introduced by; Representative Manuel Jose M. Dalipe

“Protecting children from the rav
and a question of international peace and security.” Protection of children from armed
conflict is an important aspect of any comprehensive stratevy to resolve conflict and should
be a priority not only at the international community but also by every State, especially
when it is experiencing armed conflict

s of war is a moral imperative, # legal responsibility

The Philippines has a long history of armed confliets. Filipino children are the most affected
sector with the consequences of these conflicts impacting severely on their lives, Their
rights are flagrantly violated and disregarded, Many of them continue to become victims
of killing, maiming, rap
hospitals where they and their families tend to take shelter or where their needs are being,
attended have been attacked in utter disregard of respect for civilian people and objects
During conflict, children experience the loss of access to food, water, sanitation, health
education and other basic services. As well, many of them experience being deni

and other forms of sexual violence and abduction, Schools and

humanitarian assistance

Children and their families have also become internally displaced as a result of armed
conflict. The lack of disaggregated data on displaced children in the Philippines has made
their number difficult to ascertain, Nevertheless, the figures for displaced persons are quite
alarming. The Internal Displacement Monitoring Center, reported that since 2000, some
Two Million people have been displaced across the country due to armed conflicts. The
conflict in Mindanao has increased the number displacement at an estimated 500,000
people in 2009 alone.

Armed conflicts also make children vulnerable to different kinds of exploitation, This
includes children being recruited and use in armed conflicts either as fighters, spies,
messengers, cooks, and couriers, among others. Some are even being used for sexual
purposes.

In the 2007 Report of the UN Secretary General on Children and Armed Conflict to the
General Assembly, the Philippines was included in the list of State Parties that used or
recruited children in armed conflict, In 2009 the Report cited the incidence of children
being involved in armed conflict on the sides of Non-State armed groups and State armed

groups.



Among the reasons of children’s involvement in armed conflicts in the Philippines are
poverty, lack or even absence of basic social services, belief in the ideologies of an armed
group, secessionist advocacy, affiliation of family members in armed groups, pursuit of
alternative justice for atrocities, abuses and injustices experience, and persistence of armed
conflicts

It is essential for the Philippines as State Party to fulfill its obligations to the Convention
on the Rights of the Child and is Optional Protocol on the involvement of children in armed
conflict, This includes having a law that is more responsive in protecting children involved
in, children affected by or children displaced by armed conflicts

RA 7610, Article X Section 22 and its corresponding Implementing Rules and Regulations
provides for the protection of children in situations of armed conflict, RA 7610 cites
children as “Zones of Peace” and stipulates, for children not to be “object of attack” and to
be “entitled special respect”. The law also prohibits recruitment of children in the Armed
Forces of the Philippines or its civilian units or other armed groups, Nor should children be
allowed to participate in hostilities as fighters, couriers or guides, among

others.

However, there were gaps in protection measures of the law that have been reiterated in the
October 2009 Concluding Observations of the Committee on the Rights of Child to the
Philippine Report, The Committee recommended for the Philippines “to take the necessary
legislative measures to address the ambiguity of Republic Act 7610, article 10, See, 22 (b)
prohibiting the recruitment of children to ensure that the perpetrators of such violations are
punished”, The Committee further recommended the Philippines ensure that children in
armed conflict are not treated as children in conflict with the law

In addition RA 7610 is limited in providing a comprehensive approach for prevention
rescue, rehabilitation and reintegration as the primary framework in addressing children
involved in, affected by or displaced by armed conflict, The signing in 2000 of the Inter=
Agency Memorandum of Agreement in handling and treatment of children involved in
armed conflict provided for non-judicial rehabilitation and reintegration of children rather
than their prosecution, However, the MOA has binding effects limited only to the
government agencies that have signed the document.

In order to strengthen and increase the protection of all Filipino children involved in
affected by or displaced by armed conflict, it necessitated the passage into law of this
Proposed Bill providing for a comprehensive approach in their treatment and handling

The undersigned recognized the time and effort extended by the office of former Deputy
Speaker Maria Isabelle Climaco of the First District of Zamboanga City as the principal
author of this proposed bill filed in the 15" Congress. The undersigned and former Rep
Climaco recognize the explicit priority that should be given to children in peace building,
as itis they who hold the future of the country.

In view of the foregoing reasons, approval of this bill is eayestly soyel

MANUEL JOSE
Representative, 2"! Distr

LIPE
mboanga City



Republic of the Philippines
Congress of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
2345

House Bill No.
Introduced by: Representative Manuel Jose M, Dalipe

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

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

CHAPTER |
GENERAL PROVISIONS

SECTION 1, Short Title, ~ This Act shall be known as Special Protection of
Childyen in Situations of Armed Conflict Act

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

(a) fully implement the protection guaranteed under the Convention on the Rights

of the Child, its Optional Protocol on the involvement of children in armed conflict and

all other core human rights treaties, particularly, the /nvernational Covenant on Civil
and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or
Degradling Treatment or Punishment; other pertinent international instruments such as
the /nternational Labor Organization Convention No. 182 concerning the prohibition

and immediate action for the elimination of the worst forms of child labor; the Geneva

Conventions of 1949 and the additional protocols ratified by the Philippines; and the



Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction,

(b) take into account the United Nations Guiding Principles on Internal
Displacement, the United Nations Security Council Resolutions related to children
affected by armed conflict, and other pertinent international instruments in the

implementation of its treaty obligations and of this Act;

(c) respect the human rights of children at all times. It shall be recognized that
children are entitled to dignity and respect as human beings in need of protection from
degradation, humiliation, maltreatment, exploitation and assault;

(d) consider as paramount the best interests of children, and treat all children
involved in, affected by or displaced by armed conflict as victims;

(e) take all feasible measures to prevent the recruitment and use of children in
armed conflict and shall take all necessary measures to ensure the effective
implementation and enforcement of the provisions of this Act

(/) take all the necessary measures to address the root causes of armed conflict
that result in involving, affecting or displacing children, which include poverty, lack or
absence of quality basic psychosocial services, belief in the ideologies of an armed
group, secessionist advocacy, affiliation of family members in armed groups, pursuit
of alternative justice for atrocities, abuses and injustices experienced, and persistence
of armed conflicts,

(g) continue to recognize its primary role in providing

effective protection and
relief to all children in situations of armed conflict,

(h) continue to fulfill its responsibilities to end impunity and to prosecute those
responsible especially for grave child rights violations in armed conflict; and

(i) ensure the right to participation of children affected by armed conflict in all

its policies, actions,

ions concerning their rescue, rehabilitation and reintegration
SEC. 3. Scope of Application. ~ This Act shall apply to all children involved in,
affected by or displaced by armed conflict

Th

application of this Act shall not affect the legal status of any party to an armed
conflict
SEC. 4. Interpretation of this Act, ~ Nothing in this Act shall be construed as

precluding provisions in existing Philippine laws, international human

laws and

hts

related instruments, and international humanitarian laws that are more conducive to the

ildren.

realization of the rights of ¢



s

Definition of Terms. As used in this Act

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

(b) Acts of gender-based violence refer to physical or sexual violence other than

rape, and psychosocial harm that is committed against a person as a result of power

inequities that are based on gender roles. These include, among others, false brandi

or labeling of children involved in armed conflict, false reporting of a child in custody

delayed reporting, sexual slavery, prostitution, forced marriage, forced pregnancy ot
forced sterilization;

(c) Armed conflict refers. 10 armed confrontations occurring between
governmental armed forces and one or more armed groups, or between such groups
arising in the Philippine territory. ‘These shall include activities which may lead to ot
in preparation of armed confrontation or armed violence that put children’s lives at risk
and their rights violated:

(d) Armed group refers to_an armed non-state actor or non-state entity engaged
in armed violence against the state and/or its governmental armed forces or against
other non-state armed groups, actors or non-state entities,

(e) Attacks on schools, hospitals, places of worship, evacuation centers and
public places where children are usnally found rete to the occupation, shelling,
targeting for propaganda of schools, hospitals or places of worship; causing damage to
such places, or harm or injury to their personnel; or causing the total or partial physical
destruction of such facilities; or disruption of educational activities and health services.
It also refers to attacks of such places which have been temporarily abandoned by the
community as a result of armed conflict, unless these places have been declared as a
“no man’s land”.

() Child refers to:

(1) a person below eighteen (18) years of

(

IBC; OF

) a person (18) years of age or older but who is unable to fully take care of
one’s self, or protect one’s self from abuse, neglect, cruelty, exploitation or
discrimination; and unable to act with discernment because of physical or mental

disability or condition,



(g) Child protection refers to measures, structures and activities that ensure the
prevention and response to abuse, neglect, exploitation and violence affecting children

It shall include the promotion of their development and psychoso%

fal well-being:

(h) Children affected by armed conflict refers to all children population

experiencing or who have experienced armed conflict;

(i) Children involved in armed conflict refers to children who are either forcibly
compulsorily recruited or who voluntarily joined any governmental armed forces or any
armed group in any capacity to participate directly in armed hostilities as combatants

or as fighters, or take support roles such as scouting, spying, sabotaging, acting as

decoys, assisting in checkpoints, acting as couriers, messengers, porters, cooks, and
being sexually abused;

() Children in situations of armed conflict refers to all children involved in
armed conflict, children affected by armed conflict and internally displaced children;

(k) 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;

(I). Governmemal armed forces. refers to the Armed Forces of the Philippines
(AFP) including the paramilitary forces, the Philippine National Police (PNP) and other
law enforcement agencies;

(m) Grave child rights violations refer to the crimes committed against children
that constitute flagrant violations of their human rights and have severe consequences
on their lives, These crimes include those enumerated in Section 9 of this Act such as
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;

(n) Hamleting refers to an armed conflict strategy used one party involved in
armed conflict that isolates a community of importance to the other party which is

inhabited by children, including relocating a community away from crucial zones and

could be used to control the activities of the people in said areas.
(0) 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 ot
health care services;
(p) Humanitarian access refers to the right of vulnerable populations to receive

international protection and assistance fom an impartial humanitarian relief operation

to complement efforts of national authorities. Such action is subject to the consent of

6



the State or parties concerned and does not prescribe coercive measures in the event of

refusal, however unwarranted;

(q) Humanitarian assistance refers to any aid that seeks to save lives and alleviate

suffering of a crisis-affected population, Humanitarian assistance must be provided in

accordance with the b

sic humanitarian principles of humanity, impartiality,
independence and neutrality, Assistance may be divided into three (3) categories: direct

indirect assistance and inft

assistance, structure support, which have diminishing
degrees of contact with the affected population,

(®) Internally displaced children refer to children or group of children, whether
separated or together with their families, who have been forced or obliged to flee or to

leave their homes or places of habitual residence, in particular, as a result of or in order

to avoid the effect of armed conflict and situations of generalized violence

(3) Killing of children refers to acts of all kinds in the context of armed conflict
that result in the death of one or more children, They include the death of children as a
result of direct targeting and indirect actions, such as cross-fire, use of landmines,
cluster munitions, biological weapons of destruction, all forms and types of explosives;
or house demolitions, search and arrest campaigns, suicide attacks and torture, they also
include murder, homicide and such other similar crimes as defined in the Revised Penal
Code, as amended, and other special laws,

() Maiming of children refers to acts of all kinds in the context of armed conflict
that result in serious or permanent or disabling injury, scarring or defacing, or
mutilation to one or more children. It shall cover intentional maiming of children where
they are directly targeted, and causal maiming of children which result from indirect

actions, such as cross-fire, use of landmines, cluster munitions, biol

ical weapons of

destruction, all forms and types of explosives; or in the context of house demolitions,

search and arrest campa icide attacks and torture:

(u) Rape refers to the crime of rape as defined under Article 266-A of the Revised

Penal Code, as amended by Republic Act No. 8353 or the Anti-Rape Law;
(v) Recruitment refers to compulsory, forced or voluntary conscription ot
enlistment of children into the governmental armed force or forced or voluntary
membership into the armed group;
(w) Release of children refers to the process of formal and controlled
disarmament and demobilization of children and their release from an armed force or

armed group as well as informal ways in which children leave by escaping, being



captured or by other means. It entails a disassociation from the armed force or armed
group and the beginning of transition from military to civilian life. Release can take

place during a 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;

(x) School refers to any structure, with or without marked visible boundaries,
which is recognized and known by the community as a learning space; and,

(y) Zone of peace refers to a site with sacred, religious, historic, educational,

cultural, geographical or environmental importance which is protected and preserved
by its own community and officially recognized by a governmental authority. It is not
merely a “Demilitarized Zone”, but a sanctuary that operates within ethical principles
of nonviolence, free from weapons, acts of violence, injustice and environmental
degradation
CHAPTER II
RIGHTS OF CHILDREN IN ARMED CONFLICT

SEC. 6, Children as Zones of Peace. ~ Children are hereby declared as zones of
peace. As such, they shall be treated in accordance with the policies. stipulated under
Article X, Section 22 of Republic Act No. 7610 or the Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act, Treatment of children as
zones of peace 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. The State and all sectors
concerned shall have the responsibility to resolve armed conflict in order to promote

the goal of children as zones of pea

As such, the community, governmental authority
and, if appropriate, religious leadership shall preserve the peaceful integrity of children,
exemplify mutual respect and nonviolent behavior in the presence of children, and share
their resources to further peace and cooperation

SEC. 7. Rights of Children in Situations of Armed Conflict. ~ Children in

situations of armed conflict shall have the following

(a) the right of special respect and protection against any form of abuse, neglect,
exploitation and violation, especially in the context of armed conflict

(b) the right to be treated as victims. They shall be treated in accordance with this

Act and other applicable laws, consistent with the State obligation under international



law, within the framework of restorative justice, social rehabilitation and promotion of
their protection:

(c) the right to be considered as object of special respect and to be protected from
any form of direct or indiscriminate attacks and acts of violence especially protection
from the grave child rights violations as enumerated in Section 9 of this Act.

(d) the right to be protected from recruitment into governmental armed forces or

armed groups and from participation in armed conflict including 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 programs, psychosocial support and social services
All services provided for them must be child and gender sensitive or responsive;

(f) the

ight to enjoy their freedom of thought, conscience, religion or belief,

opinion and expression; to associate freely and participate equally in legitimate
community affairs, to communicate in a language they understand even in situations of
armed conflict and whether or not they have been internally displaced or are living in

evacuation centers or settlements,

2) the right to be treated humanely in all circumstances, without any adverse
distinction founded on race, color, religion or faith, gender, birth or wealth, or any other

similar criteria;

(h) the right not to be interned in or confined in camp;
(i) the right of the wounded and the sick, those with disabilities, unaccompanied
minors including expectant mothers, to care, protection and assistance required by theit

condition, and to treatment which takes into account their special needs such as their

health needs, reproductive health care as well as appropriate counseling, prevention of

9



contagious and infectious diseases, including Human Immunodeficiency Virus
Acquired Immunodeficiency Syndrome (HIV/AIDS) and access to psychosocial
services,

(i) the right to be with their families, especially with their mothers, during
evacuations and in evacuation centers;

(k) the right to liberty of movement and freedom to choose their residence
especially in the case of internally displaced children and their families who shall have
the right to move freely in and out of evacuation centers or other settlements, subject to
existing rules and regulations in those centers or settlements,

(I) the right especially of internally displaced children and their families to: leave
the country; seek safety in another part of the country; seek other service providers;
seek asylum in another country; and be protected against forcible return to resettlement
in any place where their life, safety, liberty or health would be at risk:

(m) the right to be reunited with their families in case of separation due to armed

conflict

(n) the right to obtain necessary document/s to enjoy their legal rights. The State
shall have the duty to expedite services in the issuance of new documents or the
replacement of documents lost in the course of displacement, without imposing
unreasonable conditions and without discrimination against female child and male
child, who shall have equal rights to obtain and to be issued the same in their own

names;

(0) the right of access to justice including free legal aid when filin

1 cases against
the perpetrators; and

(p) the right for protection of their family's properties and possessions in all

circumstances

@ The r

ghts enumerated in this section shall not hinder the application of
other rights recognized and guaranteed in the Constitution and other existing laws in
keeping with the best interests of the child
CHAPTER III
PREVENTION
SEC. 8. Prevention. ~ The State shall take all feasible measures to prevent the
recruitment, re-recruitment, use or displacement of children involved in armed conflict

It shall take all necessary measures to ensure the effective implementation and

enforcement of the provisions of this Act, Towards this end, the State shall



(a) prioritize children’s issues in the peace program of the government and

include children’s concerns,

specifically the effects of armed conflicts, in peace
negotiations,

(b) include peace, human rights and protective behavior skills as fundamental

subjects in the education system;
(c) provide educational assistance, whether formal or alternative learning system,
that is child and culturally sensitive:

(d) develop and implement trainir

programs and campaign towards promoting

& culture of peace and respect for human rights in collaboration with civil society
organizations;

(c) provide capacity building for Local Governance and Community

Development, and ensure the participation of various organizations, especially of
children’s and people’s organizations at the community level. These organizations shall
be involved in consultation and decision-making processes and in the development and
implementation of programs, projects and activities established for them;

(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 supplementary
feeding shall also be made available. Efforts to support traditional health practices in
indigenous peoples’ area shall also be initiated;

(h) establish basic facilities and infrastructure needed:

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

(j) establish a comprehensive, effective and efficient system for monitoring and

reporting and response for violations as provided in Section 9 of this Act

CHAPTER IV
PROHIBITED ACT
AND PRESCRIPTION OF CRIME

, PENALTIES

SEC. 9, Prohibited Acts and Penalties.
(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 maiming of children; and,

(4) rape of children

Any person found umerated_ in

wilty of committing any of the acts

subparagraphs 1, 2, 3 and 4 of Paragraph (a) of this Section shall suffer the penalty of

life imprisonment and a fine of not less than two million pesos (P2,000,000.00) but not
more than five million pesos (P5,000,000.00).

(b) The following acts of grave child rights violations are also hereby prohibited

(1) cruel, inhuman and degrading treatment or punishment committed against
children, For purposes of this Act, cruel, inhuman and degrading treatment ot
punishment shall include those acts enumerated in Section 5 of the Anvi-Forture Act,
(2) abduction of children;
(3) causal maiming of children:

(4) taking children as hostages or using them as human shield

(5) recruitment, conscription or enlistment of children into governmental

armed forces and other armed groups;

(6) acts of gender-based violence

(7) refiusal or denial of humanitarian access and/or assistance to children:

(8) use or involvement of children involved in armed conflict in any capacity
as defined in Section 5(j) of this Act; and,

(9) attack on schools, hospitals, places of worship, evacuation centers and
settlements and other public places where children can usually be found

Any person found guilty of committing any of the acts enumerated in

subparagraphs 1, 2, 3, 4, 5, 6,7,

and 9, of Paragraph (b), of this Section shall suffer
the penalty of an imprisonment of not less than fourteen (14) years but not more than
twenty (20) years and a fine of not less than one million pesos (P1,000,000,00) but not
more than two million pesos (P2,000,000.00)

(c) Where the crimes committed under paragraph (b) of this Section resulted in

the killing, torture, maiming or rape of children as enumerated in subparagraphs 1,

and 4 of Paragraph (a), Section 9, the penalty imposed shall be that of Section 9 (a) of

this Act

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

12



hamleting:
food blockade;

intentional delayed reporting of a child in custody

(4). false reporting of a child in custody; and,

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

Any person found guilty of committing any of the acts enumerated in

sraphs 1, 2, 3,

subpara

\d 5 of Paragraph (d), of this Section shall suffer the penalty

of an imprisonment of not less than six (6) years but not more than twelve (12) years
and a fine of not less than five hundred thousand pesos (P500,000.00) but not more than
one million pesos (P1,000,000,00).,

(e) Parental accountability of children in situations of armed conflict are subject
to the existing provisions of Presidential Decree No, 603 or the Chile Welfare Code,
the Special Protection of Children. Against. Child Abuse, Exploitation and
Discrimination Act, Republic Act No, 9208 or the Anti Trafficking In Persons Act,
Republic Act No, 9231 on the elimination of worst forms of child labor, and Republic
Act No, 10364 or the Expanded Anti Trafficking In Persons Act

SEC. 10, Non-implememation or Violation of Any Other Provisions of this Act or
the Rules and Regulations in General. ~ Any public officer who shall knowingly and
maliciously prevent, prohibit, refuse or discontinue the implementation of any

provision of this Act or any rules and regulations promulgated in accordance thereof,

or in any other way violate them if such officer has the duty to implement, shall be
punished by imprisonment of not less than six (6) years but not more than twelve (12)
years and perpetual absolute disqualification trom public office.

Any such officer who shall prevent, prohibit, refuse or discontinue the

implementation of this Act or its rules and regulations, or in any other way violate them
by reason of inexcusable negligence or ignorance, shall suffer the penalty of an
imprisonment of not less than one (1) month but not more than six (6) months and
temporary special disqualification from public office

The public officer liable under this section shall, in addition to the imprisonment,

held administratively liable under existing applicable laws,
Any person who shall deliberately commit any other act not covered in Section 9,
which shall result in prejudicing the rights of children involved in armed conflict,

children affected by armed conflict, or internally displaced children, shall suffer the



penalty of an imprisonment of not less than six (6) months but not more than six (6)
years,

SEC. 11, Forfeiture of Proceeds, Property and Assets, ~ The court shall order
the forfeiture of proceeds, property and assets derived, directly or indirectly, from the

crimes defined and penalized in this Act, without prejudice to the rights of the bona

fide thied party. The court shall impose the corresponding accessory penalties under the
Revised Penal Code, as amended, especially where the offender is a public officer

The liabilities imposed in this Act shall not prejudice the application of other
existing criminal, civil and administrative liabilities that may additionally be imposed
upon the person

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

CHAPTER V
PRINCIPLES OF CRIMINAL LIABILITY AND
APPLICATION OF PENALTIES

SEC. 13, 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. 14. Responsibility of Superiors. ~ In addition to the 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

to the circumstances at the time, should

(a) the superior either knew or, owing
have known that the subordinates were committing or were about to commit such
crimes; or

(b) the superior failed to take all necessary, legitimate and reasonable measures

to prevent or repress their commission or to submit the matter to the competent
authorities for investigation and prosecution

SEC. 15, Orders from a Superior, ~The fact that a crime defined and penalized
under this Act has been committed by a person pursuant to an order of a superior shall

not relieve that person of criminal responsibility unless all of the following elements

occur



(a) the person was under a legal obligation to obey orders of the superior in
question,

(b) the person did not know that the order was unlawful; and.

(c) the order was not manifestly unlawful

For purposes of this section, orders to commit grave child rights violations

enumerated in Sec. 9 are manifestly unlawful and shall be punished under this Act and
other applicable existing laws
SEC. 16, Unknown Superior, ~ Where the crimes defined and penalized under

this Act have been committed by a person pursuant to an order or command of unknown
superior, any person who in fact directed the others, spoke for them, signed receipts and
other documents issued in their name, or who has performed similar acts on behalf of

the armed groups, shall be deemed the superior

CHAPTER VI
INVESTIGATION, PROSECUTION AND COURT

SEC. 17, Court, Prosecutors and Investigators. ~ The Family Courts shall have
original and exclusive jurisdiction over the crimes punishable under this Act

The Commission on Human Rights (CHR), the Department of Justice (DOJ) and
its attached agencies, the PNP or other concerned law enforcement agencies shall
designate prosecutors or investigators, as the case may be, for cases involving crimes
punishable under this Act

The State shall ensure that judges, prosecutors and investigators, especially those

designated for purposes of this Act, receive effective training in human rights
particularly on the Convention on the Rights of the Child and its Optional Protocol on
the Involvement of Children Involved in Armed Conflict and related international
instruments, /a(ernational Humanitarian Law and International Criminal Lew

SEC. 18. Requirement and Procedures on Age Verification and Presumption of
Minority. — The child involved in, affected by or displaced by armed conflict shall
enjoy the presumption of minority and shall enjoy all the rights of a child recognized

in this Act and other applicable laws unless proven to be at least

ighteen (18) years of

age or older

The age of a child may be determined from the child’s birth certificate, baptismal
certificate or any other pertinent document. In the absence of these documents, age

may be based on information from the child, testimonies of other persons, the physical

15



appearance of the child and other relevant evidence such as dental records. In case of
doubt as to the age of the child, it shall be resolved in favor of the child being deemed

a minor

Any person contesting the age of the child prior to the filing of the information in
any appropriate court may file a case in a summary proceeding for the determination of
age before the Family Court, which shall decide the case within twenty-four (24) hours
from receipt of the appropriate pleadings of all interested parties

Ifa case has been filed against the child and is pending in the appropriate court,

the person shall file a motion to determine the age of the child in the same court where

‘on the main case

the case is pending, Pending hearing on the said motion, proceedin

shall be suspended

In all proceedings, law enforcement officers, prosecutors, judges and other

overnment officials concerned shall exert all efforts to determine the age of the child
involved in armed conflict

SEC. 19, Protection of Victims and Witnesses. In addition to existing
provisions in Philippine law for the protection of victims and witnesses, the following
measures shall be undertaken
(a) the court shall take appropriate measures to protect the safety, physical and

psychological well-being, dignity and privacy of child victims and witnesses, Pursuant

thereto, the court shall give due regard to all relevant factors, including age, gender

and health, and the nature of the crime, particularly where the crime involves sexual or
gender-based violence or violence against children,

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

witnesses;

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

(d) where the disclosure of evidence or information may be prejudicial to the
security of the child, witness or the family, the prosecution may withhold such evidence

or information and instead submit a summary thereof consistent with the rights of the

accused to a fair and impartial trial

16



SEC. 20, Reparation to Victims. ~ In addition to existing provisions in Philippine

law and procedural rules for reparations to victims, the following measures shall be

undertaken

(a) the court shall follow the principles relating to the reparations to, or in respect
of, child victims, including restitution, compensation and rehabilitation, taking into
consideration the scope and extent of any damage, loss or injury suffered by child
victims,

(b) the court shall make an order directly against a convicted person specifying

appropriate reparations to child victims, including

restitution, compensation and
rehabilitation; and,

(c) before making an order under this section, the court may invite and shall take
account of representations trom or on behalf of the convicted person, child victims ot
other interested persons.

Nothing in this section shall be interpreted to prejudice the rights of child victims
under national or international law

SEC. 21, Immunity from Suit for Persons Providing Assistance. — Any person
who shall take custody of children involved. in armed conflict to ensure their safety or
provide them any form of assistance shall be exempt from any civil, criminal and

administrative liability: Provided, That the person taking custody shall report it to the

Local Social Welfare and Development Office (LSWDO), the PNP or to the barangay

office within forty-eight (48) hours from custody

CHAPTER VII

REHABILITATION AND REINTEGRATION
RESCUE AND RELEASE

SEC. 22. Resewe, Rehabilitation and Reintegration, ~ The State shall institute
policies, programs and services for the rescue, rehabilitation and reintegration of

children in situations of armed conflict. The programs shall aim at providing services

for children while involving their families, communities and other entities to facilitate
the children’s reintegration process.
These services shall include psychosocial support, health and nutrition, education,

livelihood for families, other basic services and legal services, as may be necessary.



Any program intervention shall be designed with due respect to the culture of each
child, family and community, The child shall, at all times, be provided with legal
assistance and physical security upon rescue.

The State shall take into account the protocol in the rescue, rehabilitation and
reintegration of children specified below

(a) Rescue: The State shall provide for adequate measures and mechanisms to
facilitate the recovery, either voluntary or involuntary, of children from armed groups
or governmental armed forces. It shall provide legal and physical security to children
involved in armed conflict including services such as family tracing and system of
referral or response on various psychosocial services needed by the victims;

(b) Rehabilitation: ‘The State shall facilitate the normal development of children
victims in their post-involvement phase. It shall provide services including therapeutic
counseling, security and protection, educational assistance and livelihood opportunities
to their parents, relatives or guardians or to the victims when they become of age:

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

SEC. 23. Release of Children Involved in Armed Conflict (CIAC). ‘The State
shall take all feasible measures to ensure that children recruited or used in armed

conflict are demobilized, dissociated or otherwise released from the armed force or

armed group.

For purposes of this Act, release a

vities shall be initiated independent of any
negotiated peace agreements,

The State, through its concerned agencies, in coordination with other stakeholders
shall have the following duties.

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

(b) monitor and document the status of CIAC who undergo either a formal or

informal release process;



(c) with due regard to the right to privacy of CIAC, their security and safety, and

onsidering the confidentiality of records, share data and information by both

government and nongovernment organizations to assess the needs of released CIAC
and to formulate ways to address these needs, and be informed of their status and
updates of released CIAC:

(d) mobilize and strengthen networks for referrals:

e) provide fre al needs of
p

legal assistance to released CAC ensuring that the leg

the former CIAC will be addressed, such as the prohibition or stoppage of filing charges

or dismissal of cases against CIAC as criminal or political offenders irrespective of
their association with any armed group or force; and
(0) ensure the formal release of CIAC through various approaches such as

/h the Government Peace Negotiating Panel (GPNP).

negotiating throug

Other criminal armed groups that utilize children and are not involved in formal
peace negotiation with the government shall, however, be dealt with in accordance with
the peace and order or security policy as may be provided by the appropriate
government agency: Provided, That in any release action, the best interest of the child
shall be observed

SEC. 24, Rescued, Taken into Custody, or Surrendered Children Involved in
Armed Conflict (CIAC). ~ Where the CIAC have been rescued, taken into custody, of
surrendered, they shall at all times be treated in a child-friendly and sensitive manner
The State, at all times, shall consider the safety and security of the CIAC. The following
procedures shall apply without prejudice to the application of other existing laws that
will uphold the best interests of the child

(a) The identity of rescued CIAC shall be protected. Any identifying information

regarding them shall remain confidential

(b) Rescued CIAC shall not be used for any political propaganda nor be
unnecessarily exposed to media in violation of child rights to privacy, security and
confidentiality of their cases;

(c) Upon the rescue or surrender of CIAC, government agencies, in particular,

the AFP, the PNP, the Department of National Defen

¢ (DND), the local government
units (LGUs), other concerned government agencies or non-government organizations
in possession of the CIAC shall report immediately within twenty-four (24) hours the

incident to the LSWDO and the Council for the Welfare of Children (CWC);

19



(d) The LSWDO shall coordinate with the agency or nongovernment or

nization

in possession of CIAC for the turnover of custody of the children 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 pei

son having custody of the

child, the turnover shall be done within the next seventy-two (72) hours:
({) The LSWDO shall facilitate the family tracing and coordinate with parents,

relatives or guardians of the CLAC to inform them of the turnover

2) The Local Health Office (LHO), in coordination with the LSWDO, shall
check and assess the medical and physical condition of CIAC, In cases where medical
needs are apparent, the LHO shall ensure that medical services or treatment are received
by the CIAC,

(h) The LSWDO shall assess the needs of the CIAC and refer to concemed
agencies to provide immediate assistance or appropriate services,

(i) The LSWDO, in coordination with other agencies, shall enter the CIAC into
the child-specifie demobilization programs, and,

(j) The CIAC shall be reintegrated into the community, In cases where
reintegration to original community of origin is not feasible for reasons of CIAC's
security, a foster community or institution shall be identified
CHAPTER VIII

INVOLVEMENT OF GOVERNMENT AND
NONGOVERNMENT ORGANIZATIONS.

SEC, 25. Involvement of Government Organizations (GOs) and Nongovernment

Organizations (NGOs). ~ Yo effectively undertake the protection of the welfare of
children in situations of armed conflict, the CWC, together with its member agencies,
shall be assisted by the following government organizations (GOs) for the proper
implementation of this Act

(a) AFP;

(b) Bureau of Jail Management and Penology (BJMP)

(c) CHR;

(d) Department of Interior and Local Government (DILG):

(c) Department of Health (DOH);
(f) DOJ;



Department of National Defense (DND),
(h) DSWD.
(i) LGUs,

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

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

(1) National Disaster Risk Reduction and Management Council (NDRRMC),
(m)Office of the Presidential Adviser on the Peace Process (OPAPP),

(n) Philippine Commission on Women (PCW); and,

(o) PNP.

In caring for children in situations of armed conflict, child-focused NGOs, shall

take active part in and continually strive to strer

then their programs and capabilities
to deliver protection to these children,

For proper implementation of this Act, all GOs and NGOs including those
identified herein shall provide their respective counterpart support including technical
logistical and financial assistance relative to the implementation of programs, projects
and activities for children in situations of armed conflict, in accordance with their
mandate and in accordance with existing accounting and auditing rules and regulations

All programs should be participatory and should ensure the involvement of

children, th

cir communities, NGOs, faith-based organizations or groups, and other

concerned groups

CHAPTER IX
MONITORING AND REPORTING

SEC. 26, Monitoring and Reporting System, ~ The State, through the CWC, in
coordination with other concerned government organizations, shall ensure the
implementation of the provisions of this Act and shall submit to the President and to
Congress of the Philippines the annual report thereof. The CWC shall establish and
maintain a database for the monitoring and reporting of children in situations of armed
conflict concerns integrated in its monitoring system

The CWC may hire additional personnel to complement its present secretariat to

perform its functions relative to this Act.
CHAPTER X
TRANSITORY PROVISIONS



SEC. 27. Dismissal of Criminal Cases Upon the effectivity of this Act.
criminal cases against children involved in armed conflict shall immediately be
dismissed and the child shall be referred to the LSWDO. Such office, upon thorough
assessment of the child, shall determine whether to release the child to the custody of
the parents, or refer the child to prevention, rehabilitation and reintegration programs

as provided under this Act. Those with suspended sentences and undergoing

rehabilitation at a youth rehabilitation center shall likewise be released: Provided, That

the Family Court shall, in consultation with concerned agencies, determine and order

the appropriate prevention, rehabilitation and reintegration programs the person shall

undergo as provided under this Act

SEC. 28, Inventory of Custody of Children in Situations of Armed Conflict, ~ The
AFP, the PNP, the BIMP, the DSWD, the NCIP, the NCMF and the concerned LGUs
are hereby directed to submit to the CWC, within ninety (90) days from the effectivity
of this Act, an inventory of all children in situations of armed conflict under their
custody

SEC, 29. Children Who Reach the A

ge of Kighteen (18) Years Pending Court
Proceedings or in Suspended Sentences. ~ In cases when a child with a pending case
reaches the age of eighteen (18) years, the Family Court shall dismiss the case against
the person and determine, in consultation with concerned agencies, whether or not there
is a need for the person to undergo appropriate rehabilitation and reintegration programs
provided under this Act

Those with suspended sentences and undergoing rehabilitation at a youth
rehabilitation center shall likewise be released: Provided, That the Family Court shall,
in consultation with concerned agencies, determine and order the appropriate
rehabilitation and reintegration programs the person shall undergo as provided under
this Act

SEC. 30. Children Who Have Been Convicted and are Serving Sentence
Persons who have been convicted and are serving sentence at the time of the effectivity
of this Act and who were below the age of eighteen (18) years at the time of the

commission of the offense for which they were convicted, and are serving sentence,

shall likewise benefit from the retroactive application of this Act. They shall be entitled
to appropriate dispositions provided under this Act, and their sentences shall be

adjusted accordingly. They shall be immediately released if they are so qualified under

this Act or other applicable law



CHAPTER XI
FINAL PROVIS

ONS

SEC. 31, 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. 32, Jmplementing Rules and Regulations, ~ The CWC, together with its
member agencies and the OPAPP, in consultation with 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 26 of this Act shall
be consulted insofar as the drafting of their responsibilities are concerned

overnment organizations involved in caring for children in situations of

Non-g

armed conflict shall likewise be consulted in the drafti

g of the Implementing Rules
and Regulations of this Act

SEC. 33. Suppletory Application. ~ For purposes of this Act, the Revised Penal
Code, as amended, and other applicable laws shall have suppletory application

SEC. 34, Separability Clause. — If any part or provision of this Act is declared
invalid or unconstitutional, the other parts hereof not affected thereby shall remain
valid

SEC. 35. Repealing Clause. ~ Article X, Sections

to 26 of Republic Act No
7610, all laws, acts, presidential decrees, executive orders, administrative orders, rules

and r

,gulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly

SEC. 36. Hffectivity. ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved,