Fifteenth Congress of the Republic 
of the Philippines 
Second Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2932 
'11 
AUG -9 flll:2 0 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
The Council for the Welfare of Children (CWC) is mandated, among its functions to 
formulate and advocates for policies on children. In doing such, is the pursuing the passage of 
this measure on Children in Situations of Armed Conflict (CSAC). The proposed bill shall 
provide for more protection and welfare for such children, including those who are involved in, 
displaced by and/or affected by armed conflict. 
At present we have different laws that provide for certain protection of children affected 
by armed conflict. However, these laws do not provide for a comprehensive approach in their 
treatment from the time they come or become affected by situations of conflict and up to the time 
they ought to be rehabilitated and reintegrated. Moreover, in Republic Act No. 7610, children 
involved in armed conflict are seen more as violator of the law than a victim thus the law allows 
for the prosecution of these children. 
The Secretary-General on Children in Armed Conflict in her Report on the Philippines 
has recommended to the Philippines, for the amendment ofRA 7160 to exclude the prosecution 
of children involved in armed conflict. She also emphasized the importance of reflecting in a law 
the existing Memorandum of Agreement executed by different goverument and non-goverument 
agencies on the treatment and handling of these children. Her recommendations were further 
reiterated by the Committee on the Rights of the Child in its 2008 Concluding Observations on 
the First Report by the Philippines on its compliance of Optional Protocol on the Convention on 
the Rights of the Child. 
The bill is in response to the recommendations of the United Nations Committee on the 
Rights of the Child in its concluding observations on the 3rd and 4th Philippine reports in 
implementing the Convention on the Rights of the Child (CRC). This committee recommends 
that the Philippines should ensure the Children involved in Armed Conflict (CIAC) are not 
treated as in conflict with the law (CICL). It also calls to strengthen existing measures aimed at 
the demobilization of children recruited into armed groups, their physical and psychological 
recovery and social reintegration as they are also victims. Measure to address the situation of 
displacement of children and to ensure their access to social and health services, education and to 
development form part of the provisions of the bill. These measures are in the context of the 
Optional Protocol to the CRC on the Involvement of Children in Armed Conflict and the 
International Humanitarian Law. 
For the- above mentioned reasons, approval of this bill is earnestly sought. 


Fifteenth Congress of the Republic 
of the Philippines 
Second Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2932 
'11 
AUG -9 
,~1I :20 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN 
SITUATIONS OF ARMED CONFLICT AND PROVIDING PENALTIES FOR 
VIOLATIONS THEREOF 
Be it enacted by the Senate and House a/Representatives a/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 20 11 ". 
SEC.TION 2. Declaration of State Policy - It shall be the policy of the State to provide 
special protection to children in situations of armed conflict from all forms of abuse, violence, 
neglect, cruelty, discrimination and other conditions prejudicial to their development, taking into 
consideration their gender, cultural, ethnic, and religious background. For this purpose the State 
shall: 
a. Fully implement the protection guaranteed under the Convention on the Rights of the 
Child, its Optional Protocol on the involvement of Children in Armed Conflict and all 
other core human rights treaties, particularly, the International Covenant on Civil and 
Political Rights and the Convention Against Torture and Other Cruel, 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; 
b. 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 
children affected by armed conflict and other pertinent international instruments in the 
implementation of its treaty obligations and of this Act; 
c. Respect the human rights of children at all times. It shall be recognized that children are 
entitled to dignity and respect as human beings in need of protection from degradation, 
humiliation, maltreatment, exploitation and assault; 
d. Consider as paramount the best interests of children and treat all children involved in, 
affected by or displaced by armed conflict as victims; 
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e. Take all feasible measures to prevent the recruitment and use of children in armed 
conflict and shall take all necessary measures to ensure the effective implementation and 
enforcement of the provisions of this Act; 
f. Take all the necessary measures to address the root causes of armed conflict that result in 
involving, affecting or displacing children, which include poverty, lack or absence of 
quality basic 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; 
g. Continue to recognize its primary role in providing effective protection and relief to all 
children in sitnations of armed conflict; 
h. Continue to fulfill its responsibilities to end impunity and to prosecute those responsible 
especially for grave child rights violations in armed conflict; and 
1. Ensure the right to participation of children affected by armed conflict in all its policies, 
actions, decisions concerning their rescue, rehabilitation and reintegration. 
SECTION 3. Scope of Application - This Act shall apply to all children involved in, 
affected by or displaced by armed conflict. 
The application of this Act shall not affect the legal status of any party to an armed 
conflict. 
SECTION 4. Interpretation of this Act - Nothing in this Act shall be construed as 
precluding provisions in existing Philippine laws, international human rights laws and related 
instruments, and international humanitarian laws that are more conducive to the realization of the 
rights of children. 
SECTION 5. Definition of Terms - As used in this Act: 
a. Abduction of children - refers to the seizure, apprehension, taking in custody, 
detention or capture of one or more children either temporarily or permanently by 
force, threat of force or coercion, or deception for the purpose of any form of 
exploitation of such children in the situation of armed conflict. 
b. Armed conflict - refers to armed confrontations occurring between 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 entity engaged in armed 
conflict against the state or engaged in armed violence. 
d. Attacks on schools, hospitals, places of worship, evacuation centers and public places 
where children are usually found - refer to the occupation, shelling, targeting for 
propaganda of schools, hospitals or places of worship; causing damage to such places, 
or harm or injury to their personnel; or causing the total or partial physical destruction 
of such facilities; or disruption of educational activities and health services. It also 
refers to attacks of such places which have been temporarily abandoned by the 
community as a result of armed conflict, unless these places have been declared as a 
"no man's land". 
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) 
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 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, compulsorily recruited or who voluntarily joined in any governmental anned 
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 checkpoints, being couriers, 
messengers, porters, cooks and being used for sexual purposes. 
1. 
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. These include 
bombs and warheads, guided and ballistic missiles, artillery, mortar, small arms 
ammunition, mines, torpedoes, depth charges, demolition stores, pyrotechnics, cluster 
munitions and dispensers, cartridges and propelled actuated devices, electric 
explosive devices and similar items that are explosive in nature. Unexploded 
Ordnance refers to explosive ordnance, which have been primed, fuzzed, armed or 
otherwise prepared for use or used. They could have been fired, dropped, launched, 
projected yet remain unexploded either through malfunction or design or for any 
other cause. 
I. 
Food blockade - refers to an armed conflict tactic of forcibly cutting off entry of food 
supplies in a particular area where children can be found. 
m. Governmental armed forces - refer to the Armed Forces of the Philippines (AFP) 
including the paramilitary forces, the Philippine National Police (PNP), and other law 
enforcement agencies. 
n. Grave child rights violations - refer 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 
3 


• 
and other forms of sexual violence against children, abduction of children, attacks 
against schools or hospitals, or denial of humanitarian access to children. 
o. Hamleting - refers to an anned conflict strategy that isolates a community of 
importance to the enemy which is inhabited by children including relocating 
community away from crucial zones. This strategy could be used to control the 
activities of the people in said areas. 
p. Hospitals or health facilities - refer to any structure recognized and known by the 
community as a facility where the sick and wounded are provided with medical and 
or health care services. 
q. Humanitarian access - refers to the right of vulnerable populations to receive 
international protection and assistance from an impartial humanitarian relief operation 
to complement efforts of national authorities. Such action is subject to the consent of 
the State or parties concerned and does not prescribe coercive measures in the event 
of refusal, however unwarranted. 
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 (IDC) refers to children or group of children, whether 
separated or together with their families, who have been forced or obliged to flee or to 
leave their homes or places of habitual residence, in particular, as a result of or in 
order to avoid the effect of armed conflict and situations of generalized violence. 
t. 
Improvised Explosive Device (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 anned conflict that 
result in the death of one or more children. Among others, they include the death of 
children as a result of direct targeting and indirect actions, such as cross-fire, use of 
landmines, cluster munitions, ERW, all forms and types of IED; or house 
demolitions, search and arrest campaigns, suicide attacks and torture; they also 
include murder, homicide and such other similar crimes as defined in the Revised 
Penal Code and other special laws, as amended. 
v. Maimmg of children - refers to acts of all kinds in the context of armed conflict that 
result in serious or permanent or disabling injury, scarring or defacing, or mutilation 
to one or more children. It shall cover intentional maiming of children where they are 
directly targeted, and causal maiming of children which result from indirect actions, 
such as cross-fire, use of landmines, cluster munitions, ERW, all forms and types of 
rED; or in the context of house demolitions, search and arrest campaigns, suicide 
attacks and torture. 
4 


w. Other acts of gender-based violence - refer to physical or sexual violence other than 
rape, and psychosocial harm that is committed against a person as a result of power 
inequities that are based on gender roles. These include, among others, sexual slavery, 
prostitution, forced marriage, forced pregnancy, or forced sterilization. 
x. Rape - refers to the crime ofrape as defined under Article 266-A of the Revised Penal 
Code, as amended by Republic Act No. 8353 or the Anti-Rape Law. 
y. Recruitment - refers to compulsory, forced or voluntary conscription or enlistment of 
children into the governmental armed force or forced or voluntary membership into 
the anned 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 which is protected and preserved by its 
own community and officially recognized by a governmental authority. It is not 
merely a "Demilitarized Zone", but a sanctuary that operates within ethical principles 
of non-violence, free from weapons, acts of violence, injustice and environmental 
degradation. 
CHAPTER 2 
RIGHTS OF CHILDREN IN ARMED CONFLICT 
SECTION 6. Children as Zones of Peace - Children are hereby declared as zones of 
peace. The treatment of children as zones of peace shall extend beyond territorial or geographical 
boundaries and focus on the person of the child whose rights shall be promoted and protected at 
all times, especially in situations of armed conflict or violence. The State and all sectors 
concerned shall have the responsibility to resolve armed conflict in order to promote the goal of 
children as zones of peace. As such, the community, governmental authority and, if appropriate, 
religious leadership shall preserve the peaceful integrity of children and shall exemplifY mutual 
respect and non-violent behavior in the presence of children, and share their resources for 
furthering peace and cooperation. 
SECTION 7. Rights of Children In Situations of Armed Conflict - Children in 
Situations of Armed Conflict (CSAC) shall have the following rights: 
a. The right of special respect and protection against any form of abuse, neglect, 
exploitation and violation, especially in the context of armed conflict; 
b. The right of all children 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; 
5 


d. The right to be protected from recruitment into the govermnental 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 el'\ioy 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 I 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 ofIDC and their families to: leave the country; seek safety in another 
part of the country; seek other service providers; seek asylum in another countly; 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; 
o. The right to obtain necessary documentls 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; 
6 


· 
-
p_ The right of access to justice including free legal aid when filing cases against the 
perpetrators; and 
q. The right for the property and possessions of children and their 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 PROHffiITED ACTS 
SECTION 8. Unlawful or Prohibited Acts-
a. It shall be unlawful for any person, to commit the following acts of grave child rights 
violations: 
1. Killing of children; 
2. Torture committed against children. For the purposes of this Act, torture shall 
include those enumerated in Section 4 of RepubJic 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 No. 9745 
or the Anti-Torture Act; 
6. Abduction of children; 
7. Taking children as hostages or using them as human shield; 
8. Recruitment, conscription, or enlistment of children into governmental armed 
forces and other anned groups; 
9. Other acts of gender-based violence against children; 
10. Refusal or denial of humanitarian access andlor assistance to children; 
11. Use or involvement of CIAC in any capacity as defined in Section 5(h) of this 
Act; and 
12. Attack on schools, hospitals, places of worship, evacuation centers and 
settlements and other public places where children can usually be found. 
b. Likewise, it shall be unlawful for any person to commit the following acts: 
1. Hamleting; 
2. Food blockade; 
3. Intentional delayed reporting of a child in custody; 
4. False reporting of a child in custody; and 
5. False branding of children or labeling children as children involved in armed 
conflict 
c. It 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 govenunental armed 
force. 
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CHAPTER 4 
PENALTIES AND PRESCRIPTION OF CRIME 
SECTION 9. Penalties - The following penalties and sanctions are hereby imposed for 
the offenses enumerated in this Act: 
a. 
Any person found guilty of committing any of the acts enumerated in subparagraphs 
1,2,3 and 4 of paragraph ( a) Section 8 of this Act shall suffer the penalty of life 
imprisonment and a fine of not less than Two Million Pesos (P2, 000,000.00) but not 
more than Five Million Pesos (p5, 000,000.00) 
b. Any person found guilty of committing any of the acts enumerated in subparagraphs 
5,6,7,8,9,10,11 and 12 of paragraph (a) Section 8 of this Act shall be punished with an 
imprisonment of not less than fourteen (14) years but not more than twenty (20) years 
and a fine of not less than One Million Pesos (Pl,OOO.OOO.OO) but not more than Two 
Million Pesos (P2,000,000.00); Provided, That where the crimes committed resulted in 
the killing, torture, maiming, or rape of children in subparagraphs 1,2,3 and 4 of 
paragraph (a) Section 8, the penalty imposed shall be that of Section 9(a) of this Act; 
c. Any person found guilty of committing any of the acts enumerated in subparagraphs 
1,2,3,4 and 5 paragraph (b) Section 8 of this Act shaH 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 
(Pl,OOO,OOO.OO). 
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 (6) years but not more 
than twelve (12) 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 imprisoument based on the sound discretion of 
the courts guided by the principles of parens patriae. 
SECTION 10. Non-implementation or Violation of any other Provisions of this Act 
or the Rules and Regulations in General - Any public officer, who shall 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. 
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 (l) month 
but not more than six (6) 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 (6) months but not more than six (6) years. 
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SECTION 11. Forfeiture of Proceeds, Property and Assets - The court shall order the 
forfeiture of proceeds, property and assets derived, directly or indirectly, from the 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 12. 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. 
CHAPTERS 
PRINCIPLES OF CRIMINAL LIABILITY AND 
APPLICATION OF PENALTIES 
SECTION 13. 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 14. Irrelevance of Official Capacity - This Act shall apply equally to all 
persons without any distinction based on official capacity. In no case shall the official capacity 
exempt a person from criminal responsibility or constitute a ground for reduction of sentence. 
SECTION 15. Responsibility of Superiors - In 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; or 
b. That superior failed to take all necessary, legitimate, and reasonable measures to prevent 
or repress their commission or to submit the matter to the competent authorities for 
investigation and prosecution. 
SECTION 16. Orders from a Superior - The fact that a crime defined and penalized 
under this Act has been committed by a person pursuant to an order of a superior, shall not 
relieve that person of criminal responsibility unless all of the following elements occur: 
a. The person was under a legal obligation to obey orders of the superior in question; 
b. The person did not know that the order was unlawful; and 
c. The order was not manifestly unlawful. 
For 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 17. Unknown Superior - Where the crimes defined and penalized under this 
Act have been committed by a person pursuant to an order or command of 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. 
9 


CHAPTER 6 
INVESTIGATION, PROSECUTION AND COURT 
SECTION 18. Court, Prosecutors and Investigators - The Family Courts shall have 
original and exclusive jurisdiction over the crimes punishable under this Act. 
The Commission on Human Rights (CRR), 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 19. 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 ofthe child in armed conflict. 
SECTION 20. 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; 
h. 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; 
10 


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 21. 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 22. Immunity from Suit for Persons Providing Assistance - Any person 
who shall take custody of CIAC to ensure their safety or provide them any form of assistance 
shall be exempt from any civil, criminal and administrative liability provided that the person 
shall report it to the Local Social Welfare and Development Office (LSWDO), Philippine 
National Police (PNP) or to the barangay office within forty eight (48) hours. 
CHAPTER 7 
PREVENTION, REHABILITATION AND REINTEGRATION, 
RESCUE, DEMOBILIZATION 
SECTION 23. 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 Goverument 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 
11 


• 
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 
j. Establish a comprehensive, effective and efficient system for monitoring and reporting 
and response for violations as provided in Section 8 of this Act. 
SECTION 24. Rescue, Rehabilitation and Reintegration - The State shall institute 
policies, programs and services for rescue, rehabilitation and reintegration of CSAC. The 
programs shall aim at providing services for children while involving their families, communities 
and other entities to facilitate the children's reintegration process. 
These services shall include but not be limited to psychosocial support, health and 
nutrition, education, livelihood for families and other basic services, and legal services as may be 
necessary. 
Any program intervention shall be designed with due respect to the culture of each child, 
family and community. The child shall, at all times, be provided with legal assistance and 
physical security upon rescue. 
The State shall take into account the following III 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 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 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 (JP) children 
shall be conducted in recognition of the traditional structures and institutions of their 
communities. 
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• 
• 
SECTION 25. Demobilization of Children Involved in Armed Conflict (CIAC)- The 
State shall take all feasible measures to ensure that children recruited or used in hostilities 
contrary to this Act are demobilized or otherwise released from service. 
For 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 the 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 be observed. 
SECTION 
26. Rescued or Surrendered Children Involved in Armed Conflict 
(CIAC) - Where the CIAC have been rescued or surrendered they shall at all times be treated in 
a Child-friendly and sensitive manner. The State at all times shall consider the safety and security 
of the CIAC. The following procedures shall apply without prejudice to the application of other 
existing laws that will uphold the 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 govermnent 
agencies 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); 
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d The Local Social Welfare and Development Office (LSWDO) shall coordinate with the 
agency or NGO in possession of CIAC for the turn-over of custody of CIAC to DSWD; 
e. The turnover to LS WDO 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; and 
J. 
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 
27. 
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 govermnent organizations (GOs) for the proper implementation of this Act: 
a. Armed Forces of the Philippines (AFP) 
b. Commission on Human Rights (CRR) 
c. Department of National Defense (DND) 
d. Local Govermnent 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 (OP APP) 
1. 
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. 
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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 28. Monitoring and Reporting System - The State, through the CWC in 
coordination with other concerned government organizations shall ensure the implementation of 
the provisions of this Act and shall submit to the President and to Congress of the Philippines, 
the annual report thereof. 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 29. Children Involved in Armed Conflict - Upon the effectivity of this Act, 
criminal cases against ClAC shall immediately be dismissed and the child shall be referred to the 
LSWDO. Such office, upon thorough assessment of the child, shall determine whether to release 
the child to the custody of the parents, or refer the child to prevention, rehabilitation, 
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 30. 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 31. Children Who Reach the Age of Eighteen (18) Years Pending Court 
Proceedings or in Suspended Sentences - In cases when a child reaches the age of eighteen 
(18) years with pending case, the Family Court shall dismiss the case against the person and 
determine in consultation with concerned agencies whether or not there is a need for the person 
to undergo appropriate rehabilitation and reintegration programs provided 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 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 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. 
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v 
CHAPTER 11 
FINAL PROVISIONS 
SECTION 33. 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 34. Appropriations -The amount necessary to cover the initial 
implementation of this Act shall be charged against the current year's appropriations of the 
concerned implementing department/agencies. Thereafter, the amount necessary for its continued 
implementation shall be included in the budgets of the concerned departments/agencies in the 
annual General Appropriations Act. 
SECTION 35. Repealing Clause - Article X Sections 22 to 26 of Republic Act No. 
7610, otherwise known as Special Protection of Children Against Abuse, Exploitation and 
Discrimination Act, 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 36. 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 37. Effectivity Clause - This Act shall take effect fifteen (15) days upon 
completion of its publication in at least two (2) national newspapers of general circulation. 
Approved, 
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