Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City,

SIXTEENTH CONGRESS
First Regular Session

1332 .

House Bill No.__

INTRODUCED BY HONORABLE RUBY M. SAHALI

EXPLANATORY NOTE.

‘As an acknowledgment to the authors of this House Bill in the 15* Congress of the Philippines, the
undersigned, being a stakeholder and in behalf of the people of Tawi-Tawi, respectfully re-files this House
Bill knowing that this will truly give protection to children who are in situations of armed conflicts and
victims of violence.

“Protecting children from the ravages of war is a moral imperative, a legal responsibility and a question of
international peace and security.” Protection of children from armed conflict is an important aspect of any
comprehensive strategy to resolve conflict and should be a priority not only at the international community’
but also in every State, especially when it is experiencing armed conflict.

The Philippines has a long history of armed conflicts in its northern and southern regions. In these situations,
itis the Filipino children that is most affected. These conflicts es a consequence have severe impact on their
lives. The rights of the children are flagrantly violated and disregarded depriving them of a safe and nurturing
environment. Many of them continue to become victims of Killing, maiming, rape, and other forms of sexual
violence and abduction. Schools and hospitals which are suppose to serve as neutral grounds in times of
armed conflict and where families take shelter have been attacked in utter disregard of respect for civilian
people and objects. During these conflicts, children experience the loss of access to food, water, sanitation,
health, education, and other basic services. Many of these children are being denied humanitarian assistance.

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

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

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

* The Six Grave Violations Against Children during Armed Conflict: The Legal Foundation, Office of the Special
Representative of the Secretary General for Children in Armed Conflict citing Graca Machel, The Impact of Armed
Conflict on Children attached to: UN Note of the Secretary-General, A/S1/306 (1996), para. 317.

? See ibid

> /62/609-S/2007/757

*n/63/785-S/2009/158



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

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

RA 7610, Article X Section 22 to 26 and its corresponding Implementing Rules and Regulations provides for
the protection of children in situations of armed conflict. RA 7610 cites children as “Zones of Peace” and
stipulates, for children not to be the “object of attack” and to be “entitled special respect”. The law also
prohibits recruitment of children in Armed Forces of the Philippines or its civilian units or other armed
groups. Nor should children be allowed to participate in hostilities as fighters, couriers or guides, among
others.

However, there were gaps in protection measures of the law that have been reiterated in the October 2009
Concluding Observations of the committee on the Rights of the Child to the Philippine Report. The
Committee recommended for the Philippines “to take the necessary legislative measures to address the
ambiguity of Republic Act 7610, Article 10, See. 22 (b) prohibiting the recruitment of children to ensure that
the perpetrators of such violations are punished”. The Committee further recommended the Philippines to

ensure that children in armed conflict are not treated as children in conflict with the law.”

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

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

This Proposed House Bill recognizes the explicit priority that should be given to children in peace building, as
it is they who hold the future of the country.

HON. RUBY M. SAHALI
Lone District, Tawi-Tawi

* philRights, 2005
© CRC/C/PHL/CO/3-4 para 71


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1332

INTRODUCED BY HONORABLE RUBY M. SAHALI
AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF ARMED
CONFLICT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

CHAPTER
GENERAL PROVISIONS
SECTION I. Short Title. ~ This Act shall be known as the “Special Protection of Children in Situations of
‘Armed Conftiet Act of 2011”.
SEC. 2. Declaration of State Policy. — {t shall be the policy of the State to provide special protection to children
in situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination and other conditions,

prejudicial to their development, taking into consideration their gender, cultural, ethnic and religious background, For
this purpose, the State shall

(a) Fully implement the protection guaranteed uni

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

I and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or

International Covenant on
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;

(1
Forees or Armed Groups, the United Nations Guiding Pri
Council Resolutions related to children affected by armed conflict and other pertinent international instruments in the

fake into account the Paris Principles on the Principles and Guidelines on Children Associated with Armed

placement, the United Nations Security

implementation ofits treaty obligations and of this Act:
(6) 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;
(4) Consider as paramount the best interests of children and treat all children involved in, affected by or displaced
by armed conflict as victims;
(@) Take all feasible measures to prevent the recruitment and use of children in armed conflict and shall take all
necessary measures to ensure the effective implementation and enforcement of the provisions of this Act;
(®) Take all the nevessary measures to address the root causes of armed conflict that result in involving, affecting

lack or absence of quality basic psychosocial services, belief in the

‘or displacing children, which include poverty



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 conflic

(g) Continue to recognize its primary role in providing effective protection and relief to all children in situations
of armed conflict;

(@) Continue to fulfill its responsibilities to end impunity and to prosecute those responsible especially for grave
and

(Ensure the right to participation of children affected by armed conflict in all its policies, actions. decisions

child rights violations in armed conti

concerning their rescue, rehabilitation and reintegration.

EC. 3. Scope of Application. ~ This Act shall apply to all children involved in, affected by or displaced by armed
conflict.

‘The application ofthis Act shall not affect the legal status of any party to an armed contlic.

SEC. 4. Interpretation of this Act. — Nothing in this Act shall be construed as precluding provisions in existing
Philippine laws, intemational human rights laws and related instruments, and international humanitarian laws that are

3s of childrea,

‘more conducive to the realization of the ri
SEC. 5. Definition of Terms. — Asused in this Act:

(@) Abduction of children refers to the scizure, 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.

(©) Armed conflict refers to armed confrontations occurring between governmental armed forces and one or more

pine territory. These shall include activities which may lead

armed groups, or between such groups arising in the Phil

to armed confrontation or armed violence that put children’s lives 2t risk and their rights violated.
(©) Armed group refers to 2n armed non-state actor or non-state entity engaged in armed conflict against the State
or engaged in armed violenee.
(@) 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 thei the total or partial physical destruction of

personnel; oF causi

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 2s a result of armed conflict, unless these places have been declared
as “no man’s land”.

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

(©) Child refers to a person below eighteen (18) years of age or one over but is unable to fully take care of one’s

self or 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 (CAAC) and Internally Displaced Children (IDC).
(h) Children Involved in Armed Conflict (CIAC) refers to children who are either forcibly. comput

ited
‘or who voluntarily joined in any governmental armed forces or any armed group in any capacity to participate directly in
armed hostilities es combatants or as fighters, or take support roles such as, but not limited to, scouting, spying.
sabotaging, acting es decoys, assisting in checkpoints, being couriers, messengers, porters, cooks and being used for

sexual purposes.


(®) Children Affected by Armed Conflict (CAC) refers to ll children population experiencing or have
‘experienced armed contlic
()_ Demobilization of children refers to the process of formal and controlled disarmament of children and their

refer to the informal ways in which children leave the

release from an armed force or armed group. It shall likewis
governmental armed forces or armed group. It entails 2 disassociation from the armed force or armed group and the

beginning of transition to mainstream
conflict; it is not dependent on the temporary or permanent cessation of hostilities it is not dependent on children having

yy. Demobilization of children can take place during the situation of armed

‘weapons fo forfe
(&) Explosive Remnants of War (ERW) refers to unexploded ordnance and abandoned explosive ordnance,

Explosive Ordnance refers to munitions that contain explosives, nuclear fission or fusion material, biological and
chemical agents. These include bombs and warheads, guided and ballistic missiles, antllery, 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
se or used. They could have been fired, dropped, launched, projected yet remain unexploded either through malfunction
or design or for any other cause.

(1). 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,

(a) Grave child rights violations refer to the crimes committed against children that constitute flagrant violations

lives. These crimes include those enumerated in Section 8 of,

of their human rights and have severe consequences in th
ing or maiming of children, recruitment or use of CIAC, rape and other forms of

this Act such as, but not limited to,
sexual violence against children, abduction of children, aitacks against schools or hospitals, or denial of humanitarian
access to children.

(0) Hamleting refers to an armed conflict strategy that isolates a community of importance to the enemy which is
inhabited by children including relocating community away from crucial zones. This strategy could be used to control the
activities ofthe people in said areas.

(p) Hospitals or health facilities refer to any structure recognized and known by the community as a facility
here the sick and wounded are provided with medical and/or health care services.

(@) 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.

(0) Humanitarian assistance refers to aid that secks 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,
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.

(©) Imernally Displaced Children (IDC) refers to children or group of children, whether separated or together

impartiality, independence and neutrality

With their families, who have been forced or obliged to flee or to leave their homes or places of habitual residence, in
particular. as @ result of or in order to avoid the effect of armed conflict and situations of generalized violence.

(®) Improvised Explosive Device (IED) refers to 2 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, detonstors, penetrators and explosive loads. These include shrapnel-
zenerating objects such a5, 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.

(W) 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 eross-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 amended, and other special laws.

(9) 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 10 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,

use of landmines, cluster munitions, ERW, all forms and types of IED; or in the context of house

such as cross
‘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
hharm 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,
le 266-A of the Revised Penal Code, as amended by

(0) Rape refers to the erime of rape as defined under Ai
Republic Act No. 8353 or the Anti-Rape Law.

() 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.

(2) School refers to any structure that is recognized end known by the community as a learning space and marked
by visible boundaries,
sacred, religious, historic, educational, cultural, geographical or

(aa) Zone of Peace refers to a site
‘environmental importance which is protected and preserved by its own community und officially recognized by a

‘governmental authority. It is not merely @ “Demilitarized Zone”. but a sanctuary that operates within ethical principles of

justice and environmental degradation.

nonviolence, free from weapons, acts of violence,

CHAPTER It

RIGHTS OF CHILDREN 1N ARMED CONFLICT

SEC.6.

as zones of peace shall extend beyond territorial or geographical boundaries and focus on the person of the child whose

Children as Zones of Peace. ~ Children are hereby declared as zones of peace. The treatment of children

rights shall be promoted and protected at all tuations 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 and shall exemplify mutual respect and nonviolent behavior in the presence of children, and

share their resourees for furthering peace and cooper
SEC. 7. Rights of Children in Situations of Armed Conflict. ~ Children in Situations of Armed Conflict (

SAC)
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:


(®) The right of all children involved in, affected by or displaced by armed conflict to be treated as victims. They

shall be treated in accordance with this Act and other appliceble laws, consistent with the State obligation under

international law. within the framework of restorative justice, social rehabilitation and promotion of their protection;

(©) The right to be considered as object of special respect and to be protected from any form of direct or

indiscriminate atacks and acts of violence especially protection from the grave child rights violations as enumerated in
Sestion 8 of this Act;

(@) The right to be protected from recruitment into govemmental armed forces or armed groups and from
participation in armed conflict. This shall include the right to be protected from torre or any cruel, inkuman or
degrading practices that compel compliance or punish noncompliance with recrultment or participation in armed conflicts

(©) The right to be immediately provided and have safe access to essential, adequate and culturally appropriate

food and nutrition; basie 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 (ECD) programs,
psychosocial support and social services. All services provided for children must be child and gender sensitive or
responsive:

(D) The right to enjoy their freedom of thought. conscience, religion or belief, opinion and expression; to

irs: to communicate in 2 ta

associate freely and participate equally in legitimate comm: age 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:

(e) The right of the wounded and sick children to be cared for and provided with aid or assistance or medical
services, whether because of their age or for any other reaso:
(h) The right of all children to be treated humanely in all circumstances, without any adverse distinction founded

3. gender, birth or wealth, or any other similar.

ily IDC and their families:

on race. color, religion or f

(@ The right not to be interned in or confined in camp, especi

() 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 aecount their

special needs such as, but not limited to, their health needs, reproductive health care as well as appropriate counseli

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:

(‘The right to liberty of movement and freedom to choose:

residence especially the IDC and their families

‘who shall have the right to move freely in and out of evaci ‘or other settlements, subject 10 existing rules and

regulations in those centers or settlements:

(en) The tight especially of IDC and their families to: leave the country: seek safety in another part of the country:

be protected against forcible retum to resettlement in

seck other service providers; seck asylum in another country:

any place where their life safety, liberty or health would be at ri

ilies in case’

swith the

(a) The right of all children to be reuni
(0) The right to obtain necessary document/s to enjoy their legal rights. The State shall have the duty to expedite

pparation due to armed conflict:

serviees 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;

() The tight of access to justice including free legal aid when fling cases against the perpetrators: and

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


‘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 Ul
UNLAWFUL AND PROHIBITED ACTS

SEC. 8. Unlawful or Prohibited Acts. ~ (a) It shall be unlawful for any person to commit the following acts of
grave child rights violations:

(1) Killing of chitdren;

(2) Torture committed against children. For purposes of this Act, torture shall include those enumerated in
‘Section 4 of Republic Act No. 9745 or the Anti-Torture Act:

(3) Intentional or causal maiming of children;

(4) Rape of childrens

(5) Cruel, inhuman and degrading treatment or punishment committed against children, For purposes of this Act,
‘rvel, inhuman and degrading treatment or punishment shall include those enumerated in Section $ of Republic Act No,
9745 oF the Anti-Torture Act:

(©) 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;

(40) Refusal or denial of humanitarian access and/or assistance to children:
any capacity as defined in Section S(h) of this Act; and

(11) Use or involvement of CIA

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

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

(Q) Hamleting:

(2) Food blockade: (3) Intentional delayed reporting ofa child in custody;

(4) False reporting of a child in custody; and

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

(©) It shall also be unlawful for parents, ascendants, guardians, step parents or collateral relatives within the thied

(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 foree.

CHAPTER IV
PENALTIES AND PRESCRIPTION OF CRIME

SEC.9. Penalties. ~The following penalties and sanctions are hereby imposed for the offenses enumerated in
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 shal 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 (PS.000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in subparagraphs 5, 6, 7, 8,9, 10, Il and
12 of Paragraphs (a), Section 8 of this Act shal be punished with 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): 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 (2), Section 8, the penalty imposed shall be that of Section
9{a) ofthis Act:

(©) Any person found guilty of comr

jitting 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 then 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

(@) Parents, ascendants, guardians, step parents or collateral relatives within the third (3%) degree of
consanguinity of affinity or any person having control or moral escendaney 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 third (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 cours guided by the principles of parens patriae.

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.
iscontinue the implementation of this Act or its rules and

Any such officer who shall prevent, prohibit, refuse oF

regulations, or in any other way violate them by reason of inexcusable negligence or ignorance, shall be punished with an
imprisonment of not Jess than one (1) month but not more than six (6) months and temporary special disqualification
from public offfee.

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

1¢ 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
ing the rights of CIAC, CAC or IDC protested under this Act, shall be punished with an imprisonment of not

in pre}
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 forteiture of proceeds,

property and assets derived. directly or indirectly. from the erimes 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 liabi
‘administcative liabilities that may additionally be imposed upon the person.

SEC. 12, Nonprescription. — The crimes defined and penalized under this Act, theit prosecution and the

ies imposed in this Act shall not prejudice the application of other existing criminal, civil and

‘of sentences imposed on their account shalt not be subject to any prescription.

CHAPTER V

PRINCIPLES OF CRIMINAL LIABILITY AND
‘APPLICATION OF PENALTIES

SEC. 13. Individual Criminal Responsibilities. — Any person committing such crime shall be criminally liable for

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.


SEC. 14, Irrelevance of Official Capacity. ~ This Act shall apply equally to all persons without any distinction
based on official capacity. In no case shall the official capacity exempt a person from criminal responsibility or
‘constitute & ground for reduction of sentence.

SEC. 15. Responsibility of Superiors. — In addition to other grounds of criminal responsibilty for erimes 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 atthe time, should have known that the subordinates
‘were committing or about to commit such erimes; 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

SEC. 16. Orders from a Superior. ~ The fact thet @ crime defined and penalized under this Act has been
committed by a person pursuant to an order of a superior shall not relieve thst person of criminal responsibility unless all
‘of the following elements occur:

(@). The person was under a legal obligation to obey orders of the superior in question;

(©) The person did not know that the order was unlawfuls and

(©). The order was not manifestly unlawful.

For purposes 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.

Sec. 17. Unknown Superior. — Where the crimes defined and penalized under this Act have been committed by
‘4 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. 18. Court, Prosecutors and Investigators. ~The Family Cours shall have original and exclusive jurisdietion
‘over the erimes punishable under this Act.
‘The Commission on Human Rights (CHR), the Department of Justice (DOJ) and its attached agencies, the PNP or

‘ther concerned law enforcement agencies shall designate prosecutors or investigators, as the case may be, for cases

involving erimes 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 CIAC and related international instruments, International Humanitarian Law and
International Criminal Law
SEC. 19. Requirement and Procedures on Age Verification and Presumption of Minority. — The child involved
njoy all the rights of a

in, affected by or displaced by armed conflict shall enjoy the presumption of minority and shall
child recognized in this Act and other applicable laws unless proven to be eighteen (18) years or older.
lds birth certificate, baptismal certificate or any other pertinent

‘The age of a child may be determined from the
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 the age of the child, it
shall be resolved in favor of minority.


‘Any person contesting the age of the child pri the i

F to the

formation in any appropriate court may file a

‘ease in a summary proceeding for the determination of

before the Family Court, which shall decide the ease within

‘twenty-four (24) hours from receipt of the appropriate ple:

resied parties.

Ifa case has been filed against the child and is pending in the appropriate court, the person shall file a motion to

determine the age of the child in the same court where the case is pending. Pending hearing on

proceedings on the main case stall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other goverment officials concerned shall

exert all efforts at determining the age of the child in armed confi
SEC. 20. Protection of Vietims and Witnesses. — In addition to existing provisions in Philippine law for the
protection of victims and witnesses, the following measures shall be undertaken:

The court shall tke appropriate measures to proiext the safety, physical and psychological well-being, dignity

and privacy of child vietims and witnesses. In so doing, the court shall have regard of all relevant factors, including a

gender and health, and the nature of the crime, in particular, but not limited to, where the erime 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:

3© court shall consider the child victim’s views

(©) Where the personal interests of the child victim:

‘and concerns in accordance with established rules of proce nce; and
@ —_ Where the disclosure of evidence or inf prejudicial to the security of the child, witness
fr the family, the prosecution may withhold such evidence or information and instead submit 2 summary thereof

consistent with the rights of the accused to

2g provisions in Philippine law and procedural rules for

|. Reparation to Vietims. ~ In addition to

‘eparations to victims, the following measures shall be underiak¢

(a) The court shall follow che 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:
(©) The court shall make an order directly against 2 convicted person specifying appropriate reparations to child

Victims, including restitution, compensation and rehabilitation: end

resentations from

(©) Before making an order under this section, the court may invite and shall take account of re

‘or on behalf of the convicted person, cl

‘victims or other interested persons.

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

law.
‘Immunity from Suit for Persons Providing person who shall take eustody of CIAC to
ensure them any form of assist be exempt tom any civil, criminal and administrative

liability: Provided, That the person shall report it to the Welfare and Development Office (LSWDO), the

PREVENTION, REHABILITATION AND REIN
RESCUE AND DEMOBILL

SEC.23. Prevention. — The State shall take all feasible measures to prevent the recruitment, re-reeruitment, use of

fective implementation and enfoscement of the

displacement of CIAC. It shall take all necessary measures t

is Act. Towards this end, the State shall:

provisions


(@) Priovitize children’s issues in the peace program of the government and include children's concer,
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;
(@ Develop and implement tra
human rights in collaboration with civil society organizatio:

programs and campaign towards promoting a culture of peace and respect for

(©) Provide capacity building for Local Governance and Community Development, and ensure the participation
of various organizations, especiallyof 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:

(8) Establish livelihood programs which shali be made available to communities in identified priority areas in
‘order to alleviate the living conditions of the people;

(g) Make available basic health services in health facilities in identified priority areas, Culturally-sensitive

nutrition program and activities including, but not limited to, supplementary feeding shall also be made available. Efforts
to suppor traditional health practices in indigenous peoples’ area shall also be initiated;

(h) Establish basic facilities and infrastructure needed;

(}) Ensure that child protection mechanisms are present and functional; andj) Establish a comprehensive,

effective and efficient system for monitoring and reporting and response for violations as provided in Section 8 of t
Act.

1¢. 24. Resewe, 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

tate the children’s reintegration process.

involving their families, communities and other entities to f
These services shall include, but not be limited to, psychosocial suppor, health and nutrition, education, livelihood

ind other basic services, and legal services as may be necessary.

for fam
‘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:

(@) 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 CIAC including services such as family tracing and system of referral or response on various
psychosocial services needed by the victims;

(b) Rehabilitation: The State shall facilitate the normal development of children victims in their poste

involvement phase. It shall provide services including therapeutic counseling, security and protection, educational
‘assistance and livelihood opportunities to their parents, relatives or guardians or tothe 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
indigenous peoples (IP) children shall be conducted in

shall be done with respect to their opinion. Interventions
nal structures and institutions of their communities.

recognition of thet
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
agreements.

tiated independent of any negotiated peace

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

(@) Develop a child-specific demobilization program. This demobilization program should not make as a

requirement the surrender of arms by CIAC who have assumed noncombazant roles:

(©) Monitor and document the status of CIAC who undergo either formal or informal demobilization process:

(©) With due regard to the right to privacy of CIAG, 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 of
demobilized CIAC:

(@) Mobilize and strengt

networks for referrals;

(@) Provide free legel assistance to demobilized 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 irrespective of their association with any armed group or force;

(Ensure the formal demobilization of CIAC thro

various approaches such as negotiating through the
Government Peace Negotiating Panel (GPNP). Other crim
formal peace negotiation with the goverment shall, however, be dealt in accordance with the peace and order or security

med groups that utilize children and are not involved in

policy as may be provided by the appropriate government agency: Provided, That in any demobilization action, the best
interest of the child shall be observed.
SEC.26, Resewed or Surrendered Children Involved

irmed 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 best interests of the child:

(a) The identity of rescued CIAC shall be protected. A: siying information regarding them shall remain

confidential:
(b) Rescued CIAC shall not be used for any political prop

violation of child rights to privacy, security and confidentiality of

sida nor be unnecessarily exposed to media in
cases;
(©) Upon the rescue or surrender of CIAC, government agencies, in particular, the AFP, the PNP. the Department

(LGUs), other concemed government agencies or

of National Defense (DND), the local government
‘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:

(@) The LSWDO shall coordinate with the age
CIAC to the Department of Social Welfare and Development (DSWD);

(@) The turnover to the LSWDO shall take place withi
possible within the prescribed twenty-four (24)-hour period due to valid reasons and without the fault of the person
two (72) hours;

having custody of the child, the turnover shall be done wi
(® The LSWDO shalt
CIAC to inform them of the tumover;
(g) The Local Health Office (LHO), in coordination wi
physical condition of CIAG. In cases where medical needs are

facilitace the family racing and coordinate with parents, relatives or guardians of the

‘DO, shall check and assess the medical and

the LHO shall ensure that medical services or

pare
treatment are received by the CIAC;
(h) The LSWDO shall assess the needs of the CIAC and refer to concemed agencies to provide immediate

assistance or appropriate serviees;


(@ ‘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 reinlegration to 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 AND
‘NONGOVERNMENT ORGANIZATIONS

SEC. 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 Forees of the Philippines (AFP);

(©) Commission on Human Rights (CHR);

(©) Department of National Defense (DND):

5 (LGUs):

n on Indigenous Peoples (NCIP);

(®) National Commission on Muslim Filipinos (NCMF);
(g) Natlonal Disaster Risk Reduction and Management Council (NDRRMC);

(@ Local government u
(@) National Commi

(h) Office of the Presidential Adviser on the Peace Process (OPAPP);
(Philippine Commission on Women (PCW); and
) Philippine National Police (PNP).

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

For proper implementation of this Act, all GOs and NGO:
shall provide their respecti
assistance relative o the implementation of programs, projects and st

cluding, but not limited to, those identified herein
© counterpart support including, but not limited to, technical, logistical and financial
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 concemed groups.

CHAPTER IX
MONITORING AND REPOR

SEC. 28. Monitoring and Reporting System. - The State, through the CWC, in coordination with other concerned
is Act and shall submit to the President

‘government organizations, shall ensure the implementation of
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 personne! to complement its present secretariat to perform its functions relative to
this Act.

CHAPTER X
‘TRANSITORY PROVISIONS

SEC. 29. Children Involved in Armed Conflict. ~ Upor

shall immediately be dismissed and the child shall be referred to the LSWDO. Such office, upon thorough assessment of

ctivity of this Act, criminal cases against CIAC


the child, shall determine whether to release the child to the custody of the parents, or refer the child to prevention,
‘ehabilitation and reintegration programs as provided under this Act. Those with suspended sentences and undergoing
exnise be released: Provided, Thet the Family Court shall, in

rehabilitation at the youth rehabilitation center shall

consultation with concemed agencies, determine and order the appropriate prevention, rehabilitation and reintegration
programs the person shall undergo as provided under this Act

Sec. 30. Inventory of Custody of CSAC. ~ The AFP, the PNP, the Bureau of Jail Management and Penology
(BIMP), the DSWD, the NCIP, the NCMF and the concerned LGUs are hereby directed to submit to the CWC, within
ninety (90) days from the effectivity ofthis Act, an inventory of all CSAC under their custody.

SEC.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 cons:

jon with concerned agencies, whether or not there is @ need
grat

Those with suspended sentences and undergoing rei
released: Provided, That the Family Court shall, in consultation with concemed agencies, determine and order the

for the person to undergo appropriate rehabilitation and r

programs provided under this Act.

jon at the youth rehabilitation center shall likewise be

“appropriate rehabilitation and reintegration programs the person shall undergo as provided under this Act.

SEC. 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
tion of this Act. They shall be entitled to appropriate dispositions provided under this Act, and their
y released if they are so qualified under this Act or

the retroactive apy
sentences shall be adjusted accordingly. They shall be

‘other applicable law.

FINAL PRC

SEC. 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 government agencies enumerated in Section 27 of this Act shall be
consulted insofar as the drafting oftheir responsibilities are concerned.

NGOs involved in caring for CSAC shall likewise be consulted i

the drafting of the implementing rules and
regulations ofthis Act.

SEC. 34. Appropriations. ~ The amount necessery 10 cover the initial implementation of this Act shall be
ions of the concerned implementing departments/agencies. Thereafter. the

charged against the current year’s appropri
amount necessary for its continued implementation shall be included in the budgets of the concerned
<departments/agencies in the annual General Appropriations A

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

18S 22 10 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

decrees, execit msistent with or contrary to the provisions of
this Act ate deemed amended, modified or repealed accordingly.

SEC. 36. Separability Clause. — If any part or 2:

orders, administrative orders, rules and. regulations

this Act is declared invalid or unconstitutional, the
other parts hereof not affected thereby shall remain vali
37. _Effectiviny Clause. ~ This Act shall take

ct fifteen (15) days upon completion of its publication in

at least two (2) national newspapers of general circulation.

Approved.