HUUSL TF RWPRLSENT ATIVES
RECEIVED

17-AUG 201
a

Republic of the Philippines Dare:
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS -
First Regular Session 7 Pea!

HOUSE BILL NO. 30

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

Children are considered as a vulnerable sector in our society. While still in their
developmental years, it is crucial that the children are reared in a positive environment as
this is elemental in molding their person and character. Hence, their meekness and
innocence need to be protected in order to ensure that they will grow up to be morally
upright and will become responsible citizens of our nation.

However, our country’s history of violent struggles has inevitably exposed our
children. In turn, child soldiers have been reportedly engaging in these armed conflicts but
more unfortunately, children become unwillingly caught in perilous situation thereby
affecting their youth. Thus there is a need to provide special protection to these children in
situations of armed conflict from all forms of abuse, violence, neglect, discrimination and
other conditions prejudicial to the development of these children. Nonetheless, this
protection should take into consideration the gender, cultural, ethnic and religious
backgrounds of these children.

The core of the proposed measure is to ensure that the human rights of children
shall be respected at all times, and that paramount consideration shall be the best interest
of the child in case or armed conflicts and displacement. Also, children are also entitled to
dignity and respect as human beings in need of protection from degradation, humiliation,
maltreatment, exploitation and assault.

The salient features of this bill include well-defined terminologies within the purview
of the measure, the declaration of the rights of children in armed conflict particularly the
declaration of children as zones for peace, enumeration or unlawful and prohibited acts
including corresponding yet commensurate penalties and manner of prosecution, and more
importantly the prevention, rehabilitation and reintegration as well as the rescue and
demobilization of the children in situations of armed conflict.

Consistent with the principle or parens patriae, the je of this bill is most

earnestly sought for the protection of our children.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3050

HOUSE BILL NO.

Introduced by HON. GUS S. TAMBUNTING

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

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Special Protection of
Children in Situations of Armed Conflict Act of 2011”.

SECTION 2. Declaration of Senate Policy. — It shall be policy of the Senate 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 International Covenant on Civil and
Political Rights and Convention Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment; other pertinent international instruments such as, but not limited
to, the ILO Convention No. 182 concerning the prohibition and immediate action for the
elimination of the worst forms of child labor; the Geneva Conventions of 1949 and the
additional protocols ratified by the Philippines, 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 Paris Principles on the Principles and Guidelines on Children
Association with Armed Forces or Armed Groups, 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 as victims;

(e) Take all feasible measures to prevent the requirements 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;

(f) 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 fulfil 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, decisions concerning their rescue, rehabilitation and reintegration.

SECTION 3. Scope of Application. — This Act shall apply to all children involved in,
affected by or displaced by armed conflict. The application of this Act shall not affect the
legal status of any party to an armed conflict.

SECTION 4. Interpretation of this Act. - Nothing in this Act shall be construed as
precluding provisions in existing Philippine laws, international human rights laws and related
instruments, and international humanitarian laws that are more conducive to the realization
of the rights of children.

SECTION 5. Definition of Terms. — As used in this Act:

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

(b) Armed Conflict refers to armed confrontations occurring between government
armed forces and one or more armed groups, or between such groups arising in the
Philippine territory. These shall include activities which may lead to armed confrontation or
armed violence that put children’s lives at risk and their rights violated.


(c) Armed Group refers to an armed non-state actor or non-state entity engaged in
armed conflict against the State or engaged in armed violence.

(d) Attacks on schools, hospitals, places of worship, evacuation centers and public
places where children are usually found refer 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”.

(e) Child Protection refers to the measures, structures and activities that ensure the
prevention and response to abuse, neglect, exploitation and violence affecting children. It
shall include the promotion of their development and psychosocial well-being.

(f) Child refer to a person below eighteen (18) years of age or one over but is unable
to fully take care of one’s self protect one’s self from abuse, neglect, cruelty, exploitation
or discrimination because of physical or mental disability or condition.

(g) Children in Situations of Armed Conflict (CSAC) refers to all Children Involved in
Armed Conflict (CIAC), Children Affected by Armed Conflict (CAC) and Internally Displaced
Children (IDC).

(h) Children Involved in Armed Conflict (CIAC) refers to children who are either
forcibly, compulsorily recruited or who voluntary joined in any governmental armed forces
or any armed group in any capacity to participate directly in armed hospitalities as
combatants or as fighters, or take support roles such as. But not limited to, scouting, spying,
sabotaging, acting as decoys, assisting in checkpoints, being couriers, messengers, porters,
cooks and being used for sexual purposes.

(i) Children Affected by Armed Conflict (CAAC) refers to all children population
experiencing or have experienced armed conflict.

(j) Demobilization of children refers to the process of formal and controlled
disarmament of children and their release from an armed force or armed group. It shall
likewise refer to the informal ways in which children leave the governmental armed forces
or armed group. It entails a disassociation from the armed force or armed group and the
beginning of transition to mainstream society. Demobilization of children can take place
during the situation or 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 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 refers to the crimes committed against children that
constitute flagrant violations of their human rights and have severe consequences in their
lives. These crimes include those enumerated in Section 8 of this Act such as, but not limited
to, killing or maiming of children, recruitment or use of CIAC, rape and other forms of sexual
violence against children, abduction of children, attacks 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.

(q) Humanitarian access refers to the right of vulnerable populations to receive
international protection and assistance from an impartial humanitarian relief operation to
complement efforts of national authorities. Such action is subject to the consent of the State
or parties concerned and does not prescribe coercive measures in the event of refusal,
however unwarranted.

(") Humanitarian assistance refers to aid that seeks to save lives and alleviate
suffering of a crisis-affected population. Humanitarian assistance must be provided in
accordance with the basic humanitarian principles of humanity, impartiality, independence
and neutrality. Assistance may be divided into three (3) categories: direct assistance and
infrastructure support, which have diminishing degrees of contact with the affected
population.

(s) Internally Displaced Children (IDC) refers to children or group of children,
whether separated or together with their families, who have been forced or obliged to flee
or to leave their homes or places of habitual residence, in particular, as a result of or in
order to avoid the effect of armed conflict and situations of generalized violence.

(t) Improvised Explosive Device (IED) refers to a device that is homemade or
fabricated, constructed and deployed in ways other than conventional military action;
containing or having contents from indigenous materials or substances that are destructive,


lethal, noxious, pyrotechnic or incendiary chemicals, and designed to destroy, kill,
incapacitate, harass or distract. IEDs are diverse in design such as, but not limited to,
packages or landmine or roadside bombs, and contain many types of initiators, detonators,
penetrators and explosive loads. These include shrapnel-generating objects such as, but
not limited to, nails, ball-bearings, small pieces of iron or steel bars and alike that may be
used individually or in combination. These are triggered by various methods such as by
remote control or command-detonation.

(u) Killing of children refers to acts of all kinds in the context of armed conflict that
result in the death of one or more children. Among others, they include the death of children
as a result of direct targeting and indirect actions, such as cross-fire, use of landmines,
cluster munitions, ERW, all forms and types of IED; 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 emended, and other special laws.

(v) Maiming of children refers to acts of all kinds in the context or armed conflict
that result in serious or permanent or disability injury, scarring or defacing, or mutilation to
one or more children. It shall cover intentional maiming of children where they are directly
targeted, and casual maiming of children which result from indirect actions, such as cross-
fire, use of landmines, cluster munitions, ERW, all forms and types of IED; or in the context
of house demolitions, search and arrest campaigns, suicide attacks and torture.

(w) Other 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, sexual slavery,
prostitution, forced marriage, forced pregnancy or forced sterilization.

(x) Rape refers to the crime of rape as defined under Article 266-A of the Revised
Penal Code, as amended by Republic Act No. 8353 or the Anti-Rape Law.

(y) Recruitment refers to compulsory, forced or voluntary conscription or enlistment
of children into the government armed force or forced or voluntary membership into the
armed group.

(2) School refers to any structure that is recognized and known by the community as
a learning space and marked by visible boundaries.

(aa) Zone of Peace refers to a site with sacred, religious, historic, educational,
cultural, geographical or environmental importance which is protected and preserved by its
own community and officially recognized by a government 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

SECTION 6. Children as Zones of Peace. — Children are hereby declared as zones of
peace. The treatment of children as zones of peace shall extend beyond territorial or


geographical boundaries and focus on the person of the child whose rights shall be
promoted at all times, especially in situations or 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 zone of peace. As such, the community, government
authority and, if appropriate, religious leadership shall preserve the peaceful integrity of
children and shall exemplify mutual respect and nonviolent behavior in the presence of
children, and share their resources for furthering peace and cooperation.

SECTION 7.Rights of children in Situations of Armed Conflict. — Children in Situations
of Armed Conflict (CSAC) shall have the following rights:

(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 of all children involve in, affected by or displaced by armed conflict to
be treated as victims. They shall be treated in accordance with this Act and other applicable
laws, consistent with the State obligation under international law, within the framework of
restorative justice, social rehabilitation and promotion of their protection;

(c) The right to be considered as object of special respect and to be protected from
any form of direct or indiscriminate attacks and acts of violence especially protection from
the grave child rights violations as enumerated in Section 8 of this Act;

(d) The right to be protected from 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 practice 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, opinion
and expression; to associate freely and participate equally in legitimate community affairs;
to communicate in a language they understand even in situation of armed conflict and
whether or not they have been internally displaced or are living in evacuation centers or
settlements;

(g) The right of all the wounded and risk children to be cared for rand provided with
aid or assistance or medical services, whether because of their age for any other reason;

(h) The right of all children to be treated humanely in all circumstances, without any
adverse distinction founded on race, color, religion of faith, gender, birth or wealth, or any
other similar criteria;


(i) The right not to be interned in or confined in camp, especially IDC and their
families;

(j) The right of IDC, unaccompanied minors, expectant mothers, children with
disabilities, the wounded and the sick children to protection and assistance required by their
condition, and to treatment which takes into account their special needs such as, but not
limited to, their health needs, reproductive health care as well as appropriate counseling,
prevention of contagious and infectious diseases, including HIV/AIDS and access to
psychosocial services;

(k) The right of children to be with their families, especially with their mothers, during
evacuations and in evacuation centers;

(1) The right to liberty of movement and freedom to choose their residence especially
the IDC and their families who shall have the right to move freely in and out of evacuation
centers or other settlements, subject to existing rules and regulations in those centers or
settlements;

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

(n) The right of all children to be reunited with their families in case of separation
due to armed conflict;

(0) The right to obtain necessary document/s to enjoy their legal rights. The State
shall have the duty to expedite service 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;

(p) The right of access to justice including free legal aid when filing cases against
the perpetrators; and

(q) The right for the property and possessions of children and their rights families to
be protected in all circumstances.

The rights enumerated in this section shall not hinder the application for other rights
recognized and guaranteed in the Constitution and other existing laws in keeping with the
best interest of the child.

CHAPTER IIT
UNLAWFUL AND PROHIBITED ACTS

SECTION 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 Republic Act No. 9745 or the Anti-torture Act;

(3) International 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) Recruitment, conscription or enlistment of children into governmental armed
forces and other armed groups;

(9) Other acts of gender-based violence against children;
(10) Refusal or denial of humanitarian access and/or assistance to children;

(11) Use or involvement of CIAC in any capacity as defined in Section 5(h) of this
Act; and

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

(b) Likewise, it shall be unlawful for any persons to commit the following acts:
(1) Hamleting;

(2) Food Blockade;

(3) International delayed reporting of a child in custody;

(4) False reporting of a child custody; and

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

(c) It shall also be unlawful for parents, ascendants, guardians, steps parents or
collateral relatives within the third (3“) degree of consanguinity or affinity, or any person
having control or moral ascendancy to the child to allow, willfully encourage, compel, coerce


or influence their child or children to be part of an armed group or a governmental armed
force.

CHAPTER IV
PENALTIES AND PRESCRIPTION OF CRIME

SECTION 9. Penalties. - The following penalties and sanctions are hereby imposed
for the offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in
subparagraphs 1, 2, 3 and 4 of Paragraph (a), Section 8 of this Act shall suffer the penalty
of life imprisonment and a fine of not less than Two Million Pesos (P2,000,000.00) but not
more than Five Million Pesos (P5,000.000.00);

(b) Any person found guilty of committing any of the acts enumerated in
subparagraphs 5, 6, 7, 8, 9, 10, 11, and 12 of paragraph (a), Section 8 of this Act shall be
punished with an imprisonment of not less than fourteen (14) years but 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): Provided, That where the crimes committed resulted
in the killing, torture, maiming or rape of children in subparagraphs 1, 2, 3 and 4 of
Paragraph (a), Section 8, the penalty imposed shall be that of Section 9(a) of this Act;

(c) Any person found guilty of committing any of the acts enumerated in
subparagraphs 1, 2, 3, 4 and 5 of paragraph (b), Section 8 of this Act shall be punished
with an imprisonment of not less than six (6) years but not more than twelve (12) years
and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more than
One Million Pesos (P1,000,000.00); and

(d) Parents, ascendants, guardians, step parents or collateral relatives within the
third (3) degree of consanguinity or affinity or any person having control or moral
ascendancy to the child to allow, willfully encourage, compel, coerce or influence their child
or children to be part of an armed group shall be punished with an imprisonment of not less
than six (6) years but not more than twelve (12) years: Provided, however, That parents,
ascendants, guardians, step parents or collateral relatives within the (3") degree of
Consanguinity or affinity or any person having control or moral ascendancy to the child
found guilty hereof may be allowed to serve the minimum period of imprisonment based on
the sound discretion of the courts guided by the principles of parents patriae.

SECTION 10. Non-implementation or Violation of Any Other Provisions of this Act or
the Rules and Regulations in General. — Any public officer who shall knowing 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 from 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 be punished with 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 additional to the imprisonment,
be held administratively liable under existing applicable laws.

Any person who shall commit any other act not covered in Section 8, which shall
result in prejudicing the rights of CIAC, CAAC or IDC protected under this Act, shall be
Punished with an imprisonment of not less than six (6) months bit not more than six (6)
years.

SECTION 11. Forfeiture of Proceeds, Property and Assets. — The court shall order the
forfeiture of proceeds, property and assets derived, directly or indirectly, from the defined
and penalized in this Act, without prejudice to the rights of the bona fide third (3) 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.

SECTION 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

SECTION 13. Individual Criminal Responsibilities. - Any person committing such
crime shall be criminally liable for a crime defined and penalized in this Act, whether as an
individual, jointly with another or through another person, regardless of whether that other
person is criminally responsible.

SECTION 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.

SECTION 15. Responsibility of Superiors. - In additional to other grounds of criminal
responsibility for crimes defined and penalized under this Act, a superior shall be criminally
responsible for such crimes committed by subordinates where:

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

(b) That 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.


SECTION 16. 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 purpose of this section, orders to commit grave child rights violations enumerated
in Section 8 are manifestly unlawful and shall be punished under this Act and other
applicable existing laws.

SECTION 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 known
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

SECTION 18. 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 designated
prosecutors or investigators, as the case may be, for 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 of the Child and its Optional Protocol on the
involvement of CIAC and related international instruments, international Humanitarian Law
and international Criminal Law.

SECTION 19. Requirement and Procedures on Age Verification and Presumption of
Minority. - The Child involved in, affected by or accepted by armed conflict shall enjoy the
presumption of minority and shall enjoy all the rights of a child recognized in this Act and
other applicable laws unless proven to be eighteen (18) years or order.

The age of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may
be based on information from the child, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to 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 in the same court and is pending in the
appropriate court, the person shall file a motion, to determine the age of child in the same
court where the case is pending. Pending hearing on the said motion, proceeding on the
main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other
government officials concerned shall exert efforts at determining the age of the child in
armed conflict.

SECTION 20. Protection of Victims and Witnesses. - In additional to existing
provisions in the Philippine law for the protection of victims and witnesses, the following
measures shall be undertaken:

(a) The court shall take appropriate measures to protect the safety, physical and
psychological well-being, dignity and privacy of child victims and witnesses. In so doing, the
court shall have regard of all relevant factors, including age, gender and health, and the
nature of the crime, in particular, but not limited to, where the crime involves sexual or
gender-based violence or violence against children.

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

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

(d) Where the disclosure of evidence of information may be prejudicial to the security
of the child, witness or the family, the prosecution may withhold such evidence or
information and instead submit a summary thereof consistent with the rights of the accused
to a fair and impartial trial.

SECTION 21. Reparation to Victims. - In additional 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 relations to child victims, including restitution, compensation and rehabilitation;
and


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

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

SECTION 22. Immunity from Suit for Persons Providing Assistance. - Any person who
shall take custody of CIAC to ensure their safety or provide them any form of assistance
shall be exempt from any civil, criminal and administrative liability: Provided, That the
person shall report it to the Local Social Welfare and Development Office (LSWDO), the PNP
or to the barangay office within forty-eight (48) hours.

CHAPTER VII
PREVENTION, REHABILITATION AND REINTEGRATION,
RESCUE AND DEMOBILIZATION

SECTION 23. Prevention. - The State shall take all feasible measures to prevent the
recruitment, recruitment, use or displacement of CIAC. It shall take all necessary to ensure
the effective implementation and enforcement of the provisions of this Act. Towards this
end, the State shall:

(a) Prioritize children's issues in the peace program of the government and include
children's concerns, specifically the effects of armed conflicts, in peace negotiations;

(b) Include peace, human rights and protective behavior skills as fundamental
subjects in the education system;

(c) Provide educational assistance, whether formal or alternative learning system,
that is child and culturally sensitive;

(d) Develop and implement training programs and campaign towards promoting a
culture of peace and respect for human rights in collaboration with civil society
organizations;

(e) Provide capacity building for Local Governance and Community Development,
and ensure the participation of various organizations, especially of children's and people's
organizations at the community level. These organizations shall be involved in consultation
and decision-making process 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 service 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 people's area shall also 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 8 of this Act.

SECTION 24. Rescue, Rehabilitation and Reintegration. - The State shall institute
policies, programs and services for rescue, rehabilitation and reintegration of CSAC. The
programs shall aim at providing services for children while involving their families,
communities and other entities to facilitate the children's reintegration process.

These services shall include, but not be limited to, psychosocial support, health and
nutrition, education, livelihood for families and other basic services, and legal 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 following in the rescue, rehabilitation and
reintegration of children:

(a) Rescue: The State shall provide for adequate measures and mechanisms to
facilities the recovery, either voluntary or involuntary, of children from armed groups or
government armed forces. It shall provide legal and physical security to CIAC including
services such as family tracing and system of referral or response on various psychological
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 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.

SECTION 25. Demobilization of Children Involved in Armed Conflict (CIAC). - The
State shall take all feasible measures to ensure that children recruited or used in hostilities
contrary to this Act are demobilized or otherwise released from service.


For purposes of this Act, demobilization activities shall be initiated independent of
any negotiated peace agreements.

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

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

(b) Monitor and Document the status of CIAC who undergo either formal or informal
demobilization process;

(c) With due regard to the right to privacy of CIAC their security and safety, and
considering the confidentiality of records, share data and information by both government
and nongovernment organizations to assess the needs of demobilized CIAC and to formulate
ways to address these needs, and be informed of their status and updates as demobilized
CIAC;

(d) Mobilize and strengthen networks for referrals;

(e) Provide free legal assistance to demobilized CIAC ensuring that the legal needs
of the former CIAC will be addressed, such as the prohibition or stoppage of filling charges
or dismissal of cases against CIAC as criminal or political offenders irrespective of their
association with any armed group or force;

(f) Ensure the formal demobilization of CAIC through various approaches such as
negotiating through the Government Peace Negotiating Panel (GPNP). Other criminal armed
groups that utilize children and are not involved in formal peace negotiation with the
government shall, however, be dealt in accordance with the peace and order or security
policy as may be provided by the appropriate agency: Provided, That in any demobilization
action, the best interest of the child shall be observed.

SECTION 26. Rescued or Surrendered Children Involved in Armed Conflict (CIAC). -
Where the CIAC have been rescued or surrendered, they shall at all times be treated in a
child-friendly and sensitive manner. The State, at all times, shall consider the safety and
security of the CIAC. The following procedures shall apply without prejudice to the
application of other existing laws that will uphold the 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 confidentially 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 twenty-hour (24) period due to valid reasons
and without the fault of the person having custody of the child, the turn over 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 into the
child-specific demobilization programs; and

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

CHAPTER VIII
INVOLVEMENT OF GOVERNMENT ANDNONGOVERNMENT ORGANIZATIONS

SECTION 27. Involvement of Government Organizations (GOs) and Nongovernment
Organizations (NGOs). - To effectively address the issue of CSAC, the CWC, together with
its member agencies, shall be assisted by the following government organizations (GOs) for
the proper implementation of this Act:

(a) Armed Forces of the Philippines (AFP);

(b) Commission on Human Rights (CHR);

(c) Department of National Defense (DND);

(d) Local Government Units (LGUs);

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

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

(g) National Disaster Risk Reduction and Management Council (NDRRMC);
(h) Office of the Presidential Adviser on the Peace Process (OPAPP);

(i) Philippine Commission on Woman (PCW); and

(j) Philippine National Police (PNP).


Child-focused NGOs, in caring CSAC, shall take active part in and strengthen their
programs on protecting these children.

For proper implementation of this Act, all GOs and NGOs including, but not limited
to, those identified herein shall provide their respective counterpart support including, but
not limited to, technical, logistical and financial assistance relative to the implementation of
Programs, projects and activities for CSAC, in accordance with their mandate and in
accordance with existing accounting and auditing rules and regulations.

All programs should be participatory and should ensure the involvement of children,
their communities, NGOs, faith-based organizations or groups, and other concerned groups.

CHAPTER IX
MONITORING AND REPORTING

SECTION 28. 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 CSAC concerns integrated in its monitoring
system.

The CWC may hire additional personnel to complement its present secretariat to
perform its functions relative to this Act.

CHAPTER X
TRANSITORY PROVISIONS

SECTION 29. Children Involved in Armed Conflict. - Upon the effectivity of this Act,
criminal cases against CIAC 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 the 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.

SECTION 30. Inventory of Custody of CSAC. - The AFP, the PNP, the Bureau of Jail
Management and Penology (BJMP), 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 CSAC under their custody.

SECTION 31. Children who Reach the Age of Eighteen (18) Years Pending Court
Proceedings or in Suspended Sentences. -In cases when a child reaches the age of eighteen
(18) years with pending case, 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 the youth
rehabilitation center shall likewise be released: Provided, That the Family Court shall, in
consultation with concerned agencies, determine and other the appropriate rehabilitation
and reintegration programs the person shall undergo as provided under this Act.

SECTION 32. 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 laws.

CHAPTER XI
FINAL PROVISIONS

SECTION 33. 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 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.

SECTION 34. Appropriations. - The amount necessary to cover the initial
implementation of this act shall be charged against the current year’s appropriations of the
concerned implementing departments/agencies. Thereafter, the amount necessary for its
continued implementation shall be included in the budgets of the concerned
departments/agencies in the annual General Appropriations Act.

SECTION 35. Repealing Clause. - Article X, Section 22 to 26 of Republic Act NO.
7610, otherwise known as the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act", all laws, acts, presidential degrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed accordingly.

SECTION 36. 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.

SECTION 37. Effectivity Clause. - This Act shall take effect fifteen (15) days upon
completion of its publication in at least two (2) national newspapers of general circulation.

Approved,