HOUSE ¥F REPRESENTATIVES
Republic of the Philippines

HOUSE OF REPRESENTATIVES RECEIVED
Quezon City pore: 30d 2

21 ty

SEVENTEENTH CONGRESS

First Regular Session BY:

(
PERISTRATION UNIT

HOUSE BILUNO. ** 13 | BILis axa WORX SERVICE

Introduced by REP. FELICIANO R. BELMONTE, JR.

EXPLANATORY NOTE

The Philippines has a long history of armed conflict, and in these conflicts,
children have always been the most vulnerable. They have been subjected to
humerous human rights violations, internal displacements and even worse,
recruited by armed groups to act as messengers, spies and even as soldiers for the
armed groups.

The Philippines, being a state party to the Convention on the Rights of the
Child and its Optional Protocol on the Involvement of Children in Armed Conflict,
is duty bound to fulfill its obligations under this Agreement. Article 4 of the
Convention states that governments have a responsibility to take all available
measures to make sure children’s rights are respected, protected and fulfilled. The
Philippines is obliged to take all necessary steps to ensure that the minimum
standards set by the Convention are being met, and help families protect the rights
of children and create an environment where they can grow and reach their
potential.

‘This bill aims to provide children in situations of armed conflict, those
involved, affected or internally displaced, with special protection from all forms of
abuse, violence, neglect, discrimination and other conditions prejudicial to their
development.

In view of the foregoing, the approval of this bill is highly requested.

FELICIANO R. BELMONTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

13

HOUSE BILL NO? |

Introduced by REP. FELICIANO R. BELMONTE, JR.

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

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

CHAPTERI
GENERAL PROVISIONS

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

SEC. 2. Declaration of State Policy. - It 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 International Covenant on
Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment; other pertinent international instruments such
as the International 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;

(©) 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;

(a) 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;

(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 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, decisions 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.

‘The 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 rights laws
and related instruments, and international humanitarian laws that are more
conducive to the realization of the rights of children.

SEC. 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) 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
branding or labeling of children involved in armed conflict, false reporting of a child
in custody, delayed reporting, sexual slavery, prostitution, forced marriage, forced
pregnancy or forced sterilization;

() Armed conflict refers to 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
or in preparation of armed confrontation or armed violence that put children’s lives
at risk and their rights violated;

(a) 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;

(©) 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”;

() Child refers to:

(1) a person below eighteen (18) years of age; or,

(2) 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 psychosocial 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;

(j) 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;

() Governmental 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) Hamileting 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
or health care services;

(p) 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;

(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 basic humanitarian principles of humanity, impartiality,
independence and neutrality. Assistance may be divided into three (3) categories:
direct assistance, indirect assistance and infrastructure support, which have
diminishing degrees of contact with the affected population;



(r) 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;

(6) 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, biological
weapons of destruction, all forms and types of explosives; or in the context of house
demolitions, search and arrest campaigns, suicide 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;

(0) Recruitment refers to compulsory, forced or voluntary conscription or
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 peace. 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 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 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;

(0) 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;

(c) 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;

6


carly 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 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
situations of armed conflict and whether or not they have been internally displaced
or are living in evacuation centers or settlements;

(g) 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
stance required by their condition, and to treatment which takes into account
their special needs such as their health needs, reproductive health care as well
appropriate counseling, prevention of 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 famili
evacuations and in evacuation centers;

, especially with their mothers, during

(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 filing cases
against the perpetrators;

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

(q) The rights 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 HI
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;

(©) 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;

() 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;

(Q 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 ACTS, PENALTIES
AND PRESCRIPTION OF CRIME

SEC. 9. Prohibited Acts and Penalties. -

(a) It shall be unlawful for any person to commit the following acts of grave
child rights violation

(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 guilty of committing any of the acts enumerated in
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 or punishment shall include those acts enumerated
in Section 5 of the Anti-Torture 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 against children;

(Z) refusal 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(i) 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, 7,8, and 9, of Paragraph (b), of this Section shalll 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).

(©) 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,
2,3 and 4 of Paragraph (a), Section 9, the penalty imposed shall be that of Section 9
(a) of this Act.

(a) Likewise, it shall be unlawful for any person to commit the following acts:
(1) hamleting;
(2) food blockade;
(3) intentional delayed reporting of a child in custody;
(4) false reporting of a child in custody; and,
(6) 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
subparagraphs 1, 2, 3, 4 and 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).

(ec) Parental accountability of children in situations of armed conflict are subject
to the existing provisions of Presidential Decree No. 603 or the Child 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-implementation 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 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 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, be 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 third 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:

(a) the superior either knew or, owing to the circumstances at the time, should
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,

(6) 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, International Humanitarian Law and International Criminal Law.

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

12


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

If a case has been filed against the child and is pending in the appropriate
court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings
on the main case shalll be suspended.

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

(©) 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

13


evidence or information and instead submit a summary thereof consistent with the
rights of the accused to a fair and impartial trial.

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

(©) 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.

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 REINTI
RESCUE AND RELEAS

RATION,

SEC. 22. Rescue, 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.

14


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

ystem 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;

(©) 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 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 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;

() 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 released CIAC

15


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 free legal assistance to released CIAC ensuring that the legal needs
of 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
spective of their association with any armed group or force; and

(f) ensure the formal release of CIAC 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 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, 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 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;

(©) Upon the rescue or surrender of CIAC, government agencies, in particular,
the AEP, the PNP, the Department of National Defense (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);

(d)The LSWDO shall coordinate with the agency or nongovernment
organization in possession of CIAC for the turnover of custody of the children to

the Department of Social Welfare and Development (DSWD);

(c) 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)-

16


hour period due to valid reasons and without the fault of the person having custody
of the child, the turnover shall be done within the next seventy-two (72) hours;

(8) 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

() 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). - To 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);

(e) Department of Health (DOH);

(f) DO};

(g) Department of National Defense (DND);

(h) DSWD;

(i) LGUs;

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

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

()) 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,

(c) PNP



In caring for children in situations of armed conflict, child-focused NGOs, shall
take active part in and continually strive to strengthen 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, their 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
AEP, the PNP, the BJMP, the DSWD, the NCIP, the NCME 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 Age of Eighteen (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 PROVISIONS

SEC. 31. Appropriations. - The amount necessary to cover the initial
implementation of this Act shall be charged against the current year's


In caring for children in situations of armed conflict, child-focused NGOs, shall
take active part in and continually strive to strengthen 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, their 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
AEP, the PNP, the 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 children in situations of armed conflict
under their custody.

SEC. 29. Children Who Reach the Age of Eighteen (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 PROVISIONS

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. Implementing 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.

Non-government organizations involved in caring for children in situations of
armed conflict shall likewise be consulted in the drafting 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 22 to 26 of Republic Act No.
7610, all laws, acts, presidential decrees, executive orders, administrative orders,
rules and regulations inconsistent with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.

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

Approved,

20