FIFTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
Second Regular Session 
) 
"11 
JUL -7 
A11 :55 
RECEIVI::IJ !.:~_ 
Introduced by SENATOR FERDINAND R. MARCOS, JR. 
SENATE 
S.B. NO. 2886 
EXPLANATORY NOTE 
This bill seeks to provide a comprehensive protection, rehabilitation and 
reintegration of children involved in and affected by armed conflict, and those 
who have been displaced by reason of armed conflict. 
This measure prohibits the voluntary and compulsory recruitment and 
involvement of persons below 18 years of age in armed conflict. 
It likewise prohibits and penalizes the commission of grave child rights 
violation in armed conflict situation including killing of children, subjecting them to 
torture and other inhuman and degrading treatment or punishment, rape or 
abduction of children, other acts constituting gender-based violence against 
children, use of children as hostages or human shield, denial of humanitarian 
access and/or assistance to children, recruitment and involvement of children in 
armed conflict, and attack of schools, hospitals, places of worship, evacuation 
centers and settlements and other public places where children can usually be 
found. 
This bill likewise provides a comprehensive treatment of children including 
the establishing measures to prevent children from coming into situations of 
armed conflict, their rescue and demobilization, their rehabilitation and 
reintegration. 
Under this measure, government forces, as well as other non state armed 
groups shall be liable for the violation of any provisions of this proposed law. 
Children deserve utmost protection from all forms of danger. All efforts 
must, therefore, be exerted to ensure that they are sheltered and protected at all 
times. 
Approval of this bill is earnestly requested. 
FERDINAN 
R. M1Rcos, JR. 


FIFTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
Second Regular Session 
) 
Senat,e 
Senate Bill No. 2 B B 6 
Introduced by Senator FERDINAND R. MARCOS, JR. 
AN ACT 
'11 
JUL -7 All :55 
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 1 
GENERAL PROVISIONS 
SECTION 1. Short Title -
This Act shall be known as the 'Special 
Protection of Children in Situations of Armed Conflict Act of 2011.' 
SECTION 2. Declaration of State Policy - It shall be the policy of the 
State to provide special protection to Children in Situation of Armed Conflict 
(CSAC) 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 (CIAC) and all other core human rights treaties, 
particularly, the International Covenant on Civil and Political Rights and 
the Convention Against Torture and Other Cruel, Inhumane and 
Degrading Treatment; 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; the Convention on the Prohibition of the Use, Stockpiling, 
Production and 
Transfer of Anti-Personnel Mines and 
on their 
Destruction, and take into account the Paris Principles on the Principles 
and Guidelines on Children Associated with Armed Forces or Armed 
Groups, the United Nations Guiding Principles on Internal Displacement, 
the United Nations Security Council Resolutions related to CAAC and 
other pertinent international instruments in the implementation of its treaty 
obligations and of this Act; 
b. 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; 


c. Take all feasible measures to prevent the recruitment and use of CIAC 
and shall take all necessary measures to ensure the effective 
implementation and enforcement of the provisions of this Act; 
d. 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 psycho-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; 
e. Continue to recognize its primary role in providing effective protection and 
relief to all CSAC; 
f. 
Continue to fulfill its responsibilities to end impunity and to prosecute 
those responsible especially for grave child rights violations in armed 
conflict; and 
g. Ensure the right to participation of children in all its policies, actions, 
decisions concerning CAAC. 
SECTION 3. Scope of Application - This Act shall apply to all children 
involved in, affected by or displaced by armed conflict. 
The application of this Act shall not affect the legal status of any party to 
an armed conflict. 
SECTION 4. Interpretation of this Act - Nothing in this Act shall be 
construed as precluding prOVisions in existing Philippine laws, international 
human rights laws and related instruments, and international humanitarian law 
that are more conducive to the realization of the rights of children. 
SECTION 5 Definition of Terms - As used in this Act 
(a) "Abduction of children" refers to the seizure, apprehension, taking in 
custody, detention or capture of one or more children either temporarily or 
permanently by force, threat of force or coercion, or deception for the purpose 
of any form of exploitation of such children in the situation of armed conflict. 
(b) "Armed conflict" refers to armed confrontations occurring between 
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 armed confrontation or armed violence that put children's lives at 
risk and their rights violated. 
(c) "Armed group" refers to an armed non-state actor or non state entities 
engaged in armed conflict against the state or engaged in armed violence; 
(d) "Attacks on schools, hospitals, places of worship, evacuation centers 
and public places where children are usually found" refers 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 a "no man's land". 


(e) "Child protection" refers to the measures, structures and activities that 
ensure the prevention and response to abuse, neglect, exploitation and 
violence affecting children. It shall include the promotion of their development 
and psychosocial well-being; 
(f) "Child" refers to persons below eighteen (18) years of age or those over but 
are unable to fully take care of themselves or protect themselves 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, compulsorily recruited or who voluntarily joined in 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 but not limited to scouting, spying, sabotaging, acting as decoys, 
assisting in check-points, being couriers, messengers, porters, cooks and 
being used for sexual purposes. 
(i) "Children Affected by Armed Conflict (CAAC)" refers to all children 
population experiencing or have experienced armed conflict. 
(j) "Demobilization of children" refers to the process of formal and controlled 
disarmament of children and their release from an armed force or armed 
group. It shall likewise refer to the informal ways in which children leave the 
governmental armed forces or armed group. It entails a disassociation from 
the armed force or armed group and the beginning of transition to mainstream 
society. 
Demobilization of children can take place during the situation 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. 
(k) "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. This includes bombs and warheads, guided and ballistic 
missiles, artillery, mortar, small arms ammunition, mines, torpedoes, depth 
charges, demolition stores, pyrotechnics, cluster munitions and dispensers, 
cartridges and propelled actuated devices, electric explosive devices and 
similar items that are explosive in nature. Unexploded Ordnance refers to 
explosive ordnance, which has been primed, fuzzed, armed or otherwise 
prepared for use or used. It could have been fired, dropped, launched, 
projected yet remains unexploded either through malfunction or design or for 
any other cause. 
(1) "Food blockade" refers to armed conflict tactic of forcibly cutting off entry of 
food supplies in a particular area where children can be found. 
(m)"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. 


(n) "Grave child rights violation" refers to the crimes committed against 
children that constitute flagrant violations of their human rights and have 
severe consequences in their lives. These crimes include those enumerated 
in Section 8 of this Act, such as but not limited to, killing or maiming of 
children, recruitment or use of CIAC, rape and other forms of sexual violence 
against children, abduction of children, attacks against schools or hospitals, 
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 
said community away from crucial zones. This strategy could be used to 
control the activities of the people in said areas. 
(p) "Hospitals or health facilities" refers to any structure recognized and 
known by the community as a facility where the sick and wounded are 
provided with medical and or health care services. 
(q) "Humanitarian access" refers to the right of vulnerable populations to 
receive international protection and assistance from an impartial humanitarian 
relief operation to complement efforts of national authorities. Such action is 
subject to the consent of the State or parties concerned and does not 
prescribe coercive measures in the event of refusal, however unwarranted. 
(r) "Humanitarian assistance" refers to aid that seeks to save lives and 
alleviate suffering of a crisis-affected population. Humanitarian assistance 
must be provided in accordance with the basic humanitarian principles of 
humanity, impartiality, independence and neutrality. Assistance may be 
divided into three categories: direct assistance, indirect assistance and 
infrastructure support, which have diminishing degrees of contact with the 
affected population. 
(s) "Internally Displaced Children (I DC) " refers to children or group of children, 
whether separated or together with their families, who have been forced or 
obliged to flee or to leave their homes or places of habitual residence, in 
particular, as a result of or in order to avoid the effect of armed conflict and 
situations of generalized violence. 
(t) "Improvised Explosive Device (lED)" refers to a device that is homemade 
or fabricated, constructed and deployed in ways other than conventional 
military action; containing or having contents from indigenous materials or 
SUbstances that are destructive, lethal, noxious, pyrotechnic or incendiary 
chemicals, 
and 
designed 
to 
destroy, 
kill, 
incapacitate, 
harass 
or 
distract. IEDs are diverse in design, such as but not limited to, packages or 
landmine or road-side bombs, and contain many types of initiators, 
detonators, penetrators, and explosive loads. These include shrapnel-
generating objects such as, but not limited to nails, ball-bearings, small-
pieces of iron or steel bars, and alike that may be used individually or in 
combination. These are triggered by various methods such as by remote 
control or command-detonation. 
(u) "Killing of children" refers to acts of all kinds in the context of armed conflict 
that result in the death of one or more children. Among others, they include 
the death of children as a result of direct targeting and indirect actions, such 
as cross-fire, use of land mines, cluster munitions, ERW, all forms and types 
of lED; 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 and other special laws, as amended. 


(v) "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 results from indirect actions, such as cross-fire, use of 
landmines, cluster munitions, ERW, all forms and types of lED; or in the 
context of house demolitions, search and arrest campaigns, suicide attacks 
and torture. 
(w)"Other acts of gender based violence" refers to physical, sexual violence 
other than rape, and psychosocial harm that is committed against a person as 
a result of power inequities that are based on gender roles. These include, 
among 
others, 
sexual 
slavery, 
prostitution, forced 
marriage, 
forced 
pregnancy, or forced sterilization. 
(x) "Rape" refers to the crime of rape as defined under Article 266-A of the 
Revised Penal Code, as amended by Republic Act No. 8353 or the Anti-Rape 
Law. 
(y) "Recruitment" refers to compulsory, forced and voluntary conscription or 
enlistment of children into the governmental armed force and forced or 
voluntary membership into the armed group. 
(z) "School" refers to any structure that is recognized and known by the 
community as a learning space and marked by visible boundaries. 
(aa) 
"Zone of Peace" refers to a site with sacred, religious, historic, 
educational, cultural, geographical or environmental importance 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 non-violence, free from 
weapons, acts of violence, injustice and environmental degradation. 
CHAPTER 2 
RIGHTS OF CHILDREN IN ARMED CONFLICT 
SECTION 6. Rights of Children In Situations of Armed Conflict 
(CSAC). 
Children in Situations of Armed Conflict (CSAC) shall have the following 
rights: 
(a) the right of special respect and protection against any form of abuse, neglect, 
exploitation and violation, especially in the context of armed conflict; 
(b) the right of all children 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 applicable laws, consistent with the State obligation under 
international law, within the framework of restorative justice, social 
rehabilitation and promotion of their protection; 
(c) the right to be considered as object of special respect and to be protected 
from any form of direct or indiscriminate attacks and acts of violence 
especially protection from the grave child rights violations as enumerated in 
Section 8 of this Act; 


(d) the right to be protected from recruitment into the governmental armed forces 
or armed groups and from participation in armed conflict. This shall include 
the right to be protected from torture or any cruel, inhuman or degrading 
practices that compel compliance or punish non-compliance with recruitment 
or participation in armed conflict; 
(e) the right to be immediately provided and have safe access to essential, 
adequate and culturally appropriate food and nutrition; basic shelter and 
housing; culturally appropriate clothing; water, sanitation, and hygiene; basic 
health services including essential drugs, medicines and vaccines, health 
professional evaluation and appropriate intervention; education, including 
religious and moral education; Early Childhood Care and Development 
(ECCD) programs, psychosocial support and social services. All services 
provided for children must be child and gender sensitive or responsive; 
(f) 
the right to enjoy their freedom of thought, conscience, religion or belief, 
opinion and expression; to associate freely and participate equally in 
legitimate community affairs; to communicate in a language they understand 
even in situations of armed conflict and whether or not they have been 
internally displaced or are living in evacuation centers or settlements; 
(g) 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 reason; 
(h) the right of all children 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; 
(i) 
the right not to be interned in or confined in camp, especially IDC and their 
families; 
(j) 
the right of IDC, unaccompanied minors, expectant mothers, children with 
disabilities, the wounded and the sick children to protection and assistance 
required by their condition, and to treatment which takes into account their 
special needs, such as but not limited to their health needs, reproductive 
health care as well as appropriate counseling, prevention of contagious and 
infectious diseases, including HIV/AIDS, and access to psychosocial 
services; 
(k) the right of children to be with their families, especially with their mothers, 
during evacuations and in evacuation centers; 
(I) 
the right to liberty of movement and freedom to choose their residence 
especially the IDC and their families who shall have the right to move freely in 
and out of evacuation centers or other settlements, subject to existing rules 
and regulations in those centers or settlements; 
(m) the right especially of IDC and their families to: leave the country; seek safety 
in another part of the country; seek other service providers; seek asylum in 
another country; and be protected against forcible return to resettlement in 
any place where their life, safety, liberty or health would be at risk; 
(n) the right of all children to be reunited with their families in case of separation 
due to armed conflict; 


(0) the right to obtain necessary document/s to enjoy their legal rights. 
The 
State shall have the duty to expedite 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; 
(p) the right of access to justice including free legal aid when filing cases against 
the perpetrators; 
(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 3 
UNLAWFUL AND PROHIBITED ACTS 
SECTION 7. Unlawful or Prohibited Acts-
(a.) 
It shall be unlawful for any person, to commit the following acts of 
grave Child Rights Violations: 
1. Killing of children; 
2. Torture committed against children. For the purposes of this Act, torture 
shall include those enumerated in Section 4 of Republic Act 9745 or the 
Anti-Torture Act; 
3. Intentional or causal maiming of children; 
4. Rape of children; 
5. Cruel, inhuman and degrading treatment or punishment committed 
against children. For the purposes of this Act, cruel, inhuman and 
degrading treatment or punishment shall include those enumerated in 
Section 5 of Republic Act 9745 or the Anti-Torture Act; 
6. Abduction of children; 
7. Taking children as hostages or using them as human shield; 
8. Recruitment, conscription, or enlistment of children into governmental 
armed forces and other armed groups; 
9. Other acts of gender-based violence against children; 
10. Refusal or denial of humanitarian access and/or assistance to children; 
11. Use or involvement of CIAC in any capacity as defined in Section 5(h) 
of this Act; 
12. Attack on schools, hospitals, places of worship, evacuation centers and 
settlements and other public places where children can usually be 
found. 
(b.) 
Likewise, it shall be unlawful for any 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 
5. False Branding of children or labeling children as children involved in 
armed conflict 


(c.)lt shall also be unlawful for parents, ascendants, guardians, step 
parents or collateral relatives within the third degree of consanguinity 
or affinity or any person having control or moral ascendancy to the 
child to allow, willfully encourage, compel, coerce, or influence their 
child or children to be part of an armed group or a governmental armed 
force. 
CHAPTER 4 
PENALTIES AND PRESCRIPTION OF CRIME 
SECTION 8. 
Penalties - The following penalties and sanctions are 
hereby imposed for the offenses enumerated in this Act: 
(a) Any person found guilty of committing any of the acts enumerated in 
subparagraphs 1,2,3 and 4 of paragraph (a) Section 8 of this Act shall suffer 
the penalty of life imprisonment and a fine of not less than Two million pesos 
(P2, 000,000.00) but not more than Five Million Pesos P5, 000,000.00) 
(b) Any person found guilty of committing any of the acts enumerated in 
subparagraphs 5,6,7,8,9,10,11 and 12 of paragraph (a) Section 8 of this Act 
shall be punished with an imprisonment of not less than fourteen (14) years 
but 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 where the crimes committed resulted in the killing, torture, maiming, 
or rape of children in subparagraphs 1,2,3 and 4 of paragraph (a) Section 8, 
the penalty imposed shall be that of Section 9(a) of this Act; 
(c)Any person found guilty of committing any of the acts enumerated in 
subparagraphs 1,2,3,4 and 5 paragraph (b) Section 8 of this Act shall be 
punished with an imprisonment of not less than six (6) years but not more 
than twelve (12) years and a fine of not less than Five Hundred Thousand 
Pesos (P500,000.00) but not more than One Million Pesos (P1 ,000,000.00). 
(d) Parents, ascendants, guardians, step parents or collateral relatives within the 
third degree of consanguinity or affinity or any person having control or moral 
ascendancy to the child to allow, willfully encourage, compel, coerce, or 
influence their child or children to be part of an armed group shall be 
punished with not less than six years but not more than twelve years. 
Provided, However That, parents, ascendants, guardians, step parents or 
collateral relatives within the third degree of consanguinity or affinity or any 
person having control or moral ascendancy to the child found guilty hereof 
may be allowed to serve the minimum period of imprisonment based on the 
sound discretion of the courts guided by the principles of parens patriae. 
SECTION 9. 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 provisions 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 years but not more than twelve years and perpetual absolute 
disqualification. 
Any such officer who shall prevent, prohibit, refuse or discontinue the 
implementation of this Act or its rules and regulations, or in any other way violate 
them by reason of inexcusable negligence or ignorance, shall be punished with 
an imprisonment of not less than one month but not more than six months and 
temporary special disqualification. 


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 commit any other act not covered in Section 8, 
which shall result in prejudicing the rights of CIAC, CAAC or IDC protected under 
this Act shall be punished with an imprisonment of not less than six months but 
not more than six years. 
SECTION 10. 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, especially where the 
offender is a public officer. 
The liabilities imposed in this Act shall not prejudice the application of 
other existing criminal, civil and administrative liabilities that may additionally be 
imposed upon the person. 
SECTION 11. 
Non-prescription. - 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 5 
PRINCIPLES OF CRIMINAL LIABILITY AND 
APPLICATION OF PENALTIES 
SECTION 12. 
Individual Criminal Responsibilities -
Any person 
committing such as crime shall be criminally liable for a crime defined and 
penalized in this Act, whether as an individual, jointly with another or through 
another person, regardless of whether that other person is criminally responsible. 
SECTION 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. 
SECTION 14. Responsibility of Superiors - In addition to other grounds 
of criminal responsibility for crimes defined and penalized under this Act, a 
superior shall be criminally responsible for such crimes committed by 
subordinates where: 
(a) That superior either knew or, owing to the circumstances at the time, should 
have known that the subordinates were committing or about to commit such 
crimes; 
(b) That superior failed to take all necessary and reasonable measures within 
his/her power to prevent or repress their commission or to submit the matter 
to the competent authorities for investigation and prosecution. 
SECTION 15. Orders from a Superior - The fact that a crime defined 
and penalized under this Act has been committed by a person pursuant to an 
order of a superior, shall not relieve that person of criminal responsibility unless 
all of the following elements occur: 


(a) The person was under a legal obligation to obey orders of the superior in 
question; 
(b) The person did not know that the order was unlawful; and 
(c) The order was not manifestly unlawful. 
For the purposes of this section, orders to commit grave child rights violations 
enumerated in Section 8 are manifestly unlawful and shall be punished by this 
Act and other applicable existing laws. 
SECTION 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 6 
INVESTIGATION, PROSECUTION AND COURT 
SECTION 17. 
Coult, 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 Philippine National Police (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 Convention on the Rights of the Child and its 
Optional Protocol on involvement of CIAC and related international instruments, 
International Humanitarian Law and International Criminal Law. 
SECTION 18. Requirement and Procedures on Age Verification and 
Presumption of Minority - The child involved in, affected or displaced by armed 
conflict shall enjoy the presumption of minority and shall enjoy all the rights of a 
child recognized in this Act and other applicable laws unless proven to be 
eighteen (18) years or older. 
The age of a child may be determined from the child's birth certificate, 
baptismal certificate or any other pertinent documents. In the absence of these 
documents, age may be based on information from the child, testimonies of other 
persons, the physical appearance of the child and other relevant evidence. In 
case of doubt as to the age of the child, it shall be resolved in favor of minority. 
Any person contesting the age of the child prior to the filing of the 
information in any appropriate court may file a case in a summary proceeding for 
the determination of age before the Family Court, which shall decide the case 
within twenty four (24) hours from receipt of the appropriate pleadings of all 
interested parties. 


If a case has been filed against the child 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 shall be suspended. 
In all proceedings, law enforcement officers, prosecutors, judges and 
other government officials concerned shall exert all efforts at determining the age 
of the child in armed conflict. 
SECTION 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. 
In so doing, the Court shall have regard of all relevant factors, including age, 
gender and health, and the nature of the crime, in particular, but not limited to, 
where the crime involves sexual or gender based violence or violence against 
children; 
(b) The Court shall protect the privacy of child victims and witnesses and observe 
confidentiality consistent with existing rules on examination of child victims 
and witnesses; 
(c) Where the personal 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; 
(d) Where the disclosure of evidence or information may be prejudicial to the 
security of the child witness or the family, the prosecution may withhold such 
evidence or information and instead submit a summary thereof consistent 
with the rights of the accused to a fair and impartial trial. 
SECTION 20. Reparation to Victims - In addition to existing provisions 
in Philippine law and procedural rules for reparations to victims, the following 
measures shall be undertaken: 
(a) The Court shall follow the principles relating to the reparations to, or in 
respect of, child victims, including restitution, compensation and rehabilitation 
taking into consideration the scope and extent of any damage, loss or injury 
suffered by child victims; 
(b) The Court shall make an order directly against a convicted person specifying 
appropriate reparations to child victims, including restitution, compensation 
and rehabilitation; and 
(c) Before making an order under this section, the court may invite and shall take 
account of representations from or on behalf of the convicted person, child 
victims or other interested persons. 
Nothing in this section shall be interpreted to prejudice the rights of child 
victims under national or international law. 


SECTION 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 shall report 
it to the Local Social Welfare and Development Office (LSWDO), Philippine 
National Police (PNP) or to the Barangay office within forty eight (48) hours. 
CHAPTER 7 
PREVENTION, REHABILITATION AND REINTEGRATION, 
RESCUE, DEMOBILIZATION 
SECTION 22. Prevention - The State shall take all feasible measures to 
prevent the recruitment, re-recruitment, use or displacement of CIAC. It shall 
take all necessary measures to ensure the effective implementation and 
enforcement of the provisions of this Act. Towards this end the State shall: 
(a) prioritize children's issues in the peace program of the Government and 
include children's concerns, specifically the effects of armed conflicts, in 
peace negotiations; 
(b) include peace, human rights, and protective behavior skills as fundamental 
subjects in the education system; 
(c) provide educational assistance, whether formal or alternative learning system, 
that is child and culturally sensitive; 
(d) develop and implement training programs and campaign towards promoting a 
culture of peace and respect for human rights in collaboration with civil 
society organizations; 
(e) provide 
capacity 
building 
for 
Local 
Governance 
and 
Community 
Development, and ensure the partiCipation of various organizations, 
especially of children's and people's organization at the community level. 
These organizations shall be involved in consultation and decision-making 
processes and in the development and implementation of programs, projects 
and activities established for them; 
(f) establish livelihood programs which shall be made available to communities 
in identified priority areas in order to alleviate the living conditions of the 
people; 
(g) make available basic health services in health facilities in identified priority 
areas. Culturally sensitive nutrition program and activities including but not 
limited to 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 
U) establish a comprehensive, effective and efficient system for monitoring and 
reporting and response for violations as provided in Section 8 of this Act. 


SECTION 23. Rescue, Rehabilitation and Reintegration - The State 
shall institute policies, programs and services for rescue, rehabilitation and 
reintegration of children involved in, affected by or displaced by 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 but not be limited to psychosocial support, 
health and nutrition, education, livelihood for families and other basic services, 
and legal services as may be necessary. 
Any program interventions shall be designed with due respect to the 
culture of each child, family and community. The child shall, at all times, be 
provided with legal assistance and physical security upon rescue. 
The State shall take into account the following in the rescue, rehabilitation 
and reintegration of children: 
(a) Rescue: The State shall provide for adequate measures and mechanisms to 
facilitate the recovery, either voluntary or involuntary, of children from armed 
groups or governrnental armed forces. It shall provide legal and physical 
security to children involved in armed conflict including services such as 
family tracing and system of referral or response on various psychosocial 
services needed by the victims; 
(b) Rehabilitation: The State shall facilitate the normal development of children 
victims in their post-involvement phase. 
It shall provide services including 
therapeutic counseling, security and protection, educational assistance and 
livelihood opportunities to their parents, relatives or guardians or to the 
victims when they become of age; 
(c) Reintegration: The State shall bring children back to their families or 
communities whenever possible. This shall involve services including 
provision of alternative parental care. Trainings aimed to enhance community 
readiness in the reintegration of these children shall also be undertaken. 
Whenever possible, interventions for children shall be done with respect to 
their opinion. Interventions for indigenous peoples (IP) children shall be 
conducted in recognition of the traditional structures and institutions of their 
communities. 
SECTION 24. 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 the purposes of this Act, demobilization activities shall be initiated 
independent of any negotiated peace agreements. 
The State, through its concerned agencies, in coordination with other 
stakeholders shall have the following duties: 
(a) Develop a child-specific demobilization program. This demobilization program 
should not make as a requirement the surrender of arms by CIAC who have 
assumed non-combatant roles; 
(b) Monitor and document the status of CIAC who undergo either formal or 
informal demobilization process; 


(c) With due regard to the right to privacy of CIAC, their security and safety, and 
considering the confidentiality of records, share data and information by both 
government and non-government 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; 
(d) Mobilize and strengthen networks for referrals; 
(e) Provide free legal assistance to demobilized CIAC ensuring that the legal 
needs of the former CIAC will be addressed, such as, the prohibition or 
stoppage of filing charges or dismissal of cases against CIAC as criminal or 
political offenders irrespective of their association with any armed group or 
force; 
(f) Ensure the formal demobilization of 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, in 
accordance with peace and order or security policy as may be provided by 
the appropriate government agency. Provided, That in any demobilization 
action, the best interest of the child shall prevail. 
SECTION 25. Rescued or Surrendered Children Involved in Armed 
Conflict (CIAC) - Where the CIAC have been rescued or surrendered they shall 
at all times be treated in a child-friendly and sensitive manner. The State at all 
times shall consider the safety and security of the CIAC. The following 
procedures shall apply without prejudice to the application of other existing laws 
that will uphold the best interests of the child: 
(a) The identity of rescued CIAC shall be protected. Any identifying information 
regarding them shall remain confidential; 
(b) Rescued CIAC shall not be used for any political propaganda nor be 
unnecessarily exposed to media in violation of child rights to privacy, security 
and confidentiality of their cases; 
(c) Upon the rescue or surrender of CIAC, the government agencies, in 
particular, the Armed Forces of the Philippines (AFP), the Philippine National 
Police (PNP), Department of National Defense (DND), Local Government 
Units (LGUs), other concerned government agencies and/or Non-Government 
Organizations (NGOs) in possession of CIAC Shall report immediately within 
twenty four (24) hours the incident to the Local Social Welfare and 
Development Office (LSWDO) and Council for the Welfare of Children 
(CWC); 
(d) The Local Social Welfare and Development Office (LSWDO) shall coordinate 
with the agency and/or NGO in possession of CIAC for the turn-over of 
custody of CIAC to DSWD; 
(e) The turnover to LSWDO shall take place within 24 hours or in cases where 
turnover is not possible within the prescribed 24 hour period due to valid 
reasons and without the fault of the person having the custody of the child, 
the turnover shall be done within the next seventy two (72) hours; 
(f) The LSWDO shall facilitate the family tracing and coordinate with parents, 
relatives or guardian 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; 
u) The CIAC shall be reintegrated into the community. In cases where 
reintegration to original community of origin is not feasible for reasons of the 
CIAC's security, a foster community or institution shall be identified. 
CHAPTERS 
INVOLVEMENT OF 
GOVERNMENT AND NON-GOVERNMENT ORGANIZATIONS 
SECTION 26. Involvement of Government Organizations (GOs) and 
Nongovernment Organizations (NGOs) - To effectively address the issue of 
CSAC, the Council for the Welfare of Children together with its member agencies 
shall be assisted by the following government organizations (GOs) for the proper 
implementation of this Act: 
(a) Armed Forces of the Philippines (AFP) 
(b) Commission on Human Rights (CHR) 
(c) Department of National Defense (DND) 
(d) Local Government Units (LGUs) 
(e) National Commission on Indigenous Peoples (NCIP) 
(f) National Commission on Muslim Filipinos (NCMF) 
(g) National Disaster Risk and Reduction Management Council (NDRRMC) 
(h) Office of the Presidential Adviser on the Peace Process (OPAPP) 
(i) Philippine Commission on Women 
(j) Philippine National Police (PNP) 
Child-focused non-government organizations (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 NGOs including but not 
limited to those identified herein, shall provide their respective counterpart 
support including but not limited to technical, logistical and financial assistance 
relative to the implementation of programs, projects and activities for CSAC, in 
accordance with their mandate and in accordance with existing accounting and 
auditing rules and regulations. 
All programs should be participatory and should ensure the involvement of 
children, their communities, NGOs, faith-based organizations or groups, and 
other concerned groups. 


CHAPTER 9 
MONITORING AND REPORTING 
SECTION 27. 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. CWC 
shall establish and maintain a database for the monitoring and reporting of CSAC 
concerns integrated in its monitoring system. 
The CWC may hire additional personnel to complement its present 
Secretariat to perform its functions relative to this Act. 
CHAPTER 10 
TRANSITORY PROVISIONS 
SECTION 28. 
Children Involved in Armed Conflict -
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 patents, or refer the child to prevention, 
rehabilitation, reintegration programs as provided under this Act. Those with 
suspended sentences and undergoing rehabilitation at the youth rehabilitation 
center shall likewise be released, Provided, That the Family Court shall, in 
consultation with concerned agencies determine and order the appropriate 
prevention, rehabilitation, reintegration programs the person shall undergo as 
provided in this Act. 
SECTION 29. Inventory of Custody of CSAC - The AFP, the PNP, the 
BJMP, the DSWD, the NCIP, NCMF, and the concerned LGUs are hereby 
directed to submit to the CWC, within ninety (90) days from the effectivity of this 
Act, an inventory of all CSAC under their custody. 
SECTION 30. Children Who Reach the Age of Eighteen (18) Years 
Pending Court Proceedings or in Suspended Sentences - If a child reaches 
the age of eighteen (18) years pending court proceedings, the Family Court shall 
dismiss the case against the person and determine in consultation with 
concerned agencies for the need to undergo appropriate rehabilitation and 
reintegration programs provided in this Act. 
Those with suspended sentences and undergoing rehabilitation at the 
youth rehabilitation center shall likewise be released: Provided, That the Family 
Court shall, in conSUltation with concerned agencies determine and order the 
appropriate rehabilitation, reintegration programs the person shall undergo as 
provided in this Act. 
SECTION 31. 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 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 11 
FINAL PROVISIONS 
SECTION 32. Implementing Rules and Regulations -
The CWC 
together with its member agencies and OPAPP, with the involvement of CSOs, 
shall promulgate the implementing rules and regulations of this act within 90 days 
from the approval of this Act. All government agencies enumerated in Sec. 27 of 
this Act shall be consulted in so far as the drafting of their responsibilities are 
concerned. 
NGOs involved in caring for CSAC shall likewise be consulted in the 
drafting of the implementing rules and regulations of this act. 
SECTION 33. Appropriations -The amount of Ten Million is hereby 
appropriated to the CWC for the initial implementation of this Act. Said amount 
shall be funded from the gross income of the Philippines Amusement and 
Gaming Corporation (PAGCOR) and shall be directly remitted to a special 
account of the CWC. Thereafter, for the continued implementation of this Act, 
such sums shall be included in the annual General Appropriations Act (GM). 
SECTION 34. 
Repealing Clause - Article X Sections 22 to 26 of RA 
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. 
SECTION 35. Separability Clause - If any part or provision of this Act is 
declared invalid or unconstitutional, the other parts thereof not affected thereby 
shall remain valid. 
SECTION 36. Effectivity Clause - This Act shall take effect fifteen (15) 
days upon completion of its publication in at least two (2) national newspapers of 
general circulation 
Approved.