SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
NUV 27 P 3 :07 
SENATE 
Senate Bill No. 
1 957 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article II, Section 13 provides: 
"Section 13. The State recognizes the vital role of the, youth in 
nationbuilding and shall promote and protect their physical, moral, 
spiritual, intellectual and social well-being. It shall inculcate in the 
youth patriotism and nationalism and encourage their involvement 
in public affairs and civic affairs." 
The people abhor child abuse, for it creates a climate of fear that affects 
society, 
The effects of child abuse are long term and may even last a lifetime for 
the victims. More often than not, victims remain under physical and psychological 
threats, especially if the perpetrators are not brought to justice. 
In keeping with the mandate of the Constitution and the precepts of the 
United Nations Conventions of the Child, this bill seeks to protect the rights and 
welfare of children by establishing a victim's bill of rights for children, 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No .. 
) 
) 
) 
1957 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
'13 
NOV 27 P 3 :07 
IUX'EIVEU ny; : ( 
PROTECTING THE RIGHTS OF CHILDREN WHO ARE VICTIMS OF CRIME 
AND ESTABLISHING A VICTIM'S BILL OF RIGHTS FOR CHILDREN 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title - This title may be cited as the "Bill of Rights for 
Children Victims Act." 
SEC. 2. The Rules of Court, Rule 130, Section 20 is hereby amended to 
read as follows: 
"Section 20. Witnesses; .their qualifications - Except as 
provided in the next succeeding section, all persons who can 
perceive, and perceiving can make known their perception to 
others, may be witnesses. 
Religious or political belief, interest in the outcome of the 
case, or conviction of a crime unless otherwise provided by law 
shall not be a ground for disqualification. 
A CHILD IS PRESUMED TO BE COMPETENT. IF THE 
CHILD'S COMPETENCY IS QUESTIONED, THE COURT SHALL 
DETERMINE WHETHER THE CHILD IS MENTALLY CAPABLE 
OF UNDERSTANDING THE NATURE OF THE QUESTIONS PUT 
TO THE 
CHILD, 
WHETHER 
THE 
CHILD 
IS 
ABLE 
TO 
FORMULATE INTELLIGENT ANSWERS AND COMMUNICATE 
IMPRESSIONS 
AND 
RECOLLECTIONS 
REGARDING 
THE 
INCIDENT ABOUT WHICH THE CHILD IS TO TESTIFY, AND 
WHETHER 
THE 
CHILD 
CAN 
UNDERSTAND 
THE 
RESPONSIBILITY TO TELL THE TRUTH." 
SEC. 3. Testimony - A court may, upon its own motion, or motion of any 
party, order that testimony of a child be taken in a room other than the courtroom 
and be televised by closed circuit equipment in the courtroom to be viewed by 
the court. Only the judge, parties, counsel, persons necessary to operate the 
equipment, and any person whose presence, in the opinion of the court, would 


contribute to the welfare and well-being of the child, may be present in the room 
with the child during the child's testimony. 
In addition, the court may require a party be sequestered in an adjacent 
room or behind a screen or mirror that permits the party to see and hear the child 
during the child's testimony, but does not allow the child to see or hear the party. 
However, if a party is so sequestered, the court shall take measures to insure 
that the party and counsel can confer during testimony, and that there be an 
opportunity for cross examination. 
SEC. 4. Recorded depositions- The court--
a) may, upon motion of a pqrty, order that the testimony of a child be taken 
by recorded deposition for use at trial; and 
b) may order such depositions to be conducted in the same manner as trial 
testimony. 
SEC. 5. Statements of sexual abuse- The court may upon motion of a 
party admit into evidence the recorded statements of a child describing sexual 
conduct performed with or on the child if the court determines that the recorded 
statements substantially comport with the requirements of admission under the 
rules of evidence. 
SEC. 6. Anatomical dolls - The court may permit the use of qnqtomicql 
dolls, puppets, and other appropriate children's dolls or toys which the court in its 
discretion, determines mqy aid the testimony of a child in describing sexuql 
conduct performed with or on the child. 
SEC. 7. Limits on interviews- The court shall take all reasonable steps to 
limit the number of interviews of q child witness by prosecutors, defense counsel, 
child psychologists, and other expert witnesses, and all others, who, in the 
opinion of the court shall have the right to interview the child, in conjunction with 
proceedings before the court. 
SEC. 8. Privacy/address protection- The identity of the child victim or 
any information reasonably likely to disclose the identity of the child shall not be 
released to the public by any public employee except as authorized by the court. 
To protect the child's welfare, name and identifying biological information 
including any report, paper, picture, photograph court file, or other document that 
identifies the victim, shall not appear on the information or indictment or any 
other public record, and instead a noncdescriptive designation shall appear on 
such public records. These provisions do 110t apply to the release of such 
information to the accused or accused's counsel. 
Except as provided in this rule, reports of child abuse or neglect and the 
name and address of any child, family, or informant or any other identifying 
information contained in such reports shall be confidential and shall not be public 
information. In a prosecution for a criminal offense where the alleged victim of the 
offense is a minor under 18 years of age, the court may exclude from the 
proceedings while the victim is testifying, all persons, who, in the opinion of the 
court, do not have a direct interest in the case. The court should ensure that 


addresses of the child victims and witnesses are not made public or available to 
the defense, absent a clear need as determined by the court. 
SEC. 
9. 
Use of Multi-disciplinary Assessment Teams-
The 
confidentiality requirements of Section 8 shall not impede the efforts of any court 
to utilize the services of multidisciplinary assessment teams in child victimization 
cases. 
SEC. 10. Extension of Child Statute of Limitations- There is no 
limitation of time within which a prosecution must be commenced for any sex 
offense involving a victim under 18 years of age, regardless of whether it involves 
force or serious physical injury or death. If at any time when any cause of action 
for recovery of compensation for damage or injury to the person of a child exists, 
a criminal action is pending which arises out of the same occurrence and in 
which the child is the victim, the time during which the criminal action is pending 
shall not be deemed or taken as any part of the time limited for the 
commencement of the civil action. As used in this subdivision, a criminal action is 
pending until its final adjudication in the trial court. 
SEC. 11. Guardian ad litem- The court shall appoint a guardian ad litem 
to protect the interests of the minor when it appears, at any stage of the 
proceedings, that the minor is without a parent or guardian, or that the minor's 
parent is a minor or incompetent, or that the parent or guardian is indifferent or 
hostile to the minor's interests, and in every proceeding alleging neglect or 
dependency. In any other case, the court may appoint a guardian ad litem to 
protect the interests of the minor when the court feels that such an appointment 
is desirable. The court may appoint the guardian ad litem on its own motion. 
SEC.12. Child attendant- A child less than 18 years of age, while 
testifying at or attending a judicial proceeding, shall have the right to be 
accompanied by a parent, a victim/witness counselor, or other adult designated 
by the court. The accompanying person may be placed side by side with the child 
at the discretion of the presiding judge or court officer. Such support person shall 
not provide the witness with an answer to any question or otherwise participate in 
such proceedings. The attendant shall act as a friend of the court, to advise the 
judge, whenever appropriate, of the child's ability to understand and cooperate 
with any court proceedings and to explain,. in language understood by the child, 
all proceedings in which the child will be involved; to assist the child and the 
child's family in coping with the emotional impact of the crime and subsequent 
criminal proceedings in which the child will be involved; and to advise the district 
attorney concerning the ability of a child witness to cooperate with the 
prosecution and potential effects of the proceedings on the child. 
SEC. 13. Speedy trial- In any action for a prosecution involving a 
dangerous crime against children, the prosecutor shall file a certificate stating 
that the case is of special public importance. The clerk shall immediately furnish 
a copy of the certificate to the presiding judge and, after receiving the copy, the 
chief judge shall immediately designate a judge to hear and determine the action. 
The judge designated shall, consistent with rules of criminal procedure, expedite 
the action and the action shall take precedence over prosecution of any other 
proceeding. 


The court shall ensure a speedy trial in order to minimize the length of time 
the child must endure the stress of his or her involvement in the proceeding. In 
cases in which a judge is deciding whether to grant a continuance, the judge 
shall take into consideration the age of the alleged victim. When possible the 
court shall consider the consolidation of matters in which children are victims or 
witnesses. 
SEC. 14. Child Abuse Reporling - Any physician, osteopathic physician, 
nurse, teacher, school personnel, social worker, coroner, medical examiner, child 
caring personnel, resident, intem, chiropractor, dentist, optometrist, health 
professional, peace officer, mental health professional, or other person who 
knows or has reasonable cause to believe that a child is an abused or neglected 
child, shall report or cause a report to be made to appropriate authorities. 
Reporters shall be immune from liability under this section. 
SEC.15. Child Care Worker Employee Background Check - Each 
agency of the govemment hiring individuals. in the educational, correctional, child 
abuse investigation, childcaring, child-placing, and other fields determined to 
have supervisory or disciplinary authority over children, shall require a report of 
the criminal history of specified employees. 
SEC. 16. Separability Clause - If any provision or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provis.ion not otherwise 
affected shall remain valid and subsisting. 
SEC. 17. Repealing Clause - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to or inconsistent with the provision of this Act is hereby repealed, 
modified or amended accordingly. 
SEC. 18. Effectivity Clause - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,