Republic of the Philippines
HOUSE OF REPRESENTATIV:
Quezon City

BY:
SEVENTEENTH (17") CONGRESS.
First Regular Session

900
epi Noles!

REGISTRATION UNIT
GILLS AND INDEX SERVICE

HOUS

Introduced by REP, JOSE CHRISTOPHER Y, BELMONTE

EXPLANATORY NOTE

The bill was refiled during the 16th Congress and was substituted by House Bill No
4557 which was attached to Committee Report No, 281 of the Committee on Welfare of
Children.

House Bill No. 4557 entitled “An Act Providing for the Special Protection of Children
in Situations of Armed Conflict and Providing Penalties for Violations Thereof.” is a
substitute bill for three (3) separate proposed measures, namely: (a) House Bill No. 823 by
Rep. Marcelino Teodoro, (b) House Bill No. 1332 by Rep. Ruby Sahali, and (c) House Bill
No, 3005 by Rep. Gus Tambunting, It was drafted by the Committee on Welfare of Children
after deliberations, and reported out in Committee Report No, 281. A bill of the same subject
was originally filed in the 15th Congress by then Deputy Speaker Maria Isabelle Climaco

The 1987 Philippine Constitution in its Section 3 of Article XV mandates the
government thus:

“Section 3, The State shall defend:

(2) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development,”

Filipino children continue to be exposed to the various armed conflicts in our country
Almost 30,000 to 50,000 have already been displaced The bill entitled, was originally filed
in the 15th Congress by then Deputy Speaker Maria Isabelle Climaco..! There are also cases
of children being forced to serve as child soldiers, to the prejudice of their health, education
and growth... This bill envisions the full protection of these children from any form of abuse
that will hinder their development, taking into consideration gender, cultural, ethnic and
religious upbringing.

This bill includes well-defined terminologies that are part of the proposed measure:
the declaration of children as zones of peace; the list of unlawful and prohibited acts
including penalties and manner of prosecution; and the prevention, rehabilitation and
reintegration as well as the rescue and demobilization of the children in situations of armed

1 htep://www.mnb.com.ph/protect-the-children/


conflict,

As the future of bur country, we must ensure the protection of their well-being, and
the creation of an environment that will foster their moral, intellectual, physical, and
psychological development; and mold them into patriotic, responsible and productive citizens
of our country.

In view of the foregoing, the passage of this bill is earnestly sought.

Apel


Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City, Metro Manila

TEENTH (17") CONGR
First Regular Session

1280

HOUSE BILL NO.

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT.
(CIAL PROTECTION OF CHL
AND PROVIDING PENALTIES F

PROVIDING FOR THE
OF ARMED CONFLI
THEREOF

N SITUATIONS,
‘OR VIOLATIONS

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

“HAPTER 1

Gi RAL PROVISIONS

SECTION 1. Short Title. - This Act
in Situations of Armed Conflict Act.

all be known as Special Protection of Children

SEC. 2. Declaration of State Policy, - It shall be the policy of the State to provide
special protection to children in situations of armed conflict from all forms of abuse,
violence, neglect, cruelty, discrimination and other conditions prejudicial to their
development, taking into consideration their gender, cultural, ethnic and religious
background. For this purpose, the State shall

(a) Fully implement the protection guaranteed under the Convention on the Rights of the
Child, its Optional Protocol on the involvement of children in armed conflict and all
other core human rights treaties, particularly, the /nternational Covenant on Civil and
Political Rights and the Convention Against Torture and Other Cruel, Inhwnan or
Degrading Treatment or Punishment; other pertinent international instruments such
as the International Labor Organization Convention No, 182 concerning the
prohibition and immediate action for the elimination of the worst forms of child labor;
the Geneva Conventions of 1949 and the additional protocols ratified by the
Philippines; and the. Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on their Destruction;



(b) take into account the United Nations Guiding Principles on Internal Displacement,
the United Nations Security Council Resolutions related to children affected by armed
conflict, and other pertinent international instruments in the implementation of its
treaty obligations and of this Act:

(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 contlict as victims;

(e) take all feasible measures to prevent the recruitment and use of children in armed
conflict and shall take all necessary measures to ensure the effective implementation
and enforcement of the provisions of this Act;

(£) take all the necessary measures to address the root causes of armed conflict that result
in involving, affecting or displacing children, which include poverty, lack or absence
of quality basic psychosocial services, belief in the ideologies of an armed group,
secessionist advocacy, affiliation of family members in armed groups, pursuit of
alternative justice for atrocities, abuses and injustices experienced, and persistence of
armed conflicts;

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

(h) continue to fulfill its responsibilities to end impunity and to prosecute those
responsible especially for grave child rights violations in armed conflict; and

(i) ensure the right to ‘participation of children affected by armed conflict in all its
policies, actions, decisions concerning their rescue, rehabilitation and reintegration.
SEC. 3. Scope of Application. - This Act shall apply to all children involved in,

affected by or displaced by armed conflict.

The application of this Act shall not affect the legal status of any party to an armed.
conflict.

SEC. 4, Interpretation of this Act. ~ Nothing in this Act shall be construed as
precluding provisions in existing Philippine laws, international human rights laws and related
instruments, and international humanitarian laws that are more conducive to the realization of
the rights of children,

SEC. 5. Definition of Terms. As used in this Act:

(a) Abduction of children refers to the seizure, apprehension, taking in custody, detention
or capture of one or more children either temporarily or permanent by force, threat of
force or coercion, or deception for the purpose of any form of exploitation of such
children in the situation of armed conflict;

(b) Acts of gender-based violence refer to physical or sexual violence other than rape, and
psychosocial harm that is committed against a person as a result of power inequities
that are based on gender roles. These include, among others, false branding or
labeling of children involved in armed conflict, false reporting of a child in custody,
delayed reporting, sexual slavery, prostitution, forced marriage. forced pregnancy or
forced sterilization;

(c) Armed conflict refers to armed confrontations occurring between governmental armed
forces and one or more armed groups, or between such groups arising in the
Philippine territory. These shall include activities which may lead to or in preparation



of armed confrontation or armed violence that put children’s lives at risk and their
rights violated;

(d) Armed group refers to an armed non-state actor or non-state entity engaged in armed
violence against the. state and/or its governmental armed forces or against other non-
state armed groups, actors or non-state entities;

(e) Attacks on schools, hospitals, places of worship, evacuation centers and public places
where children are usually found refer to the occupation, shelling, targeting for
propaganda of schools, hospitals or places of worship; causing damage to such places,
or harm or injury to their personnel; or causing the total or partial physical destruction
of such facilities; or disruption of educational activities and health services, It also
refers to attacks of such places which have been temporarily abandoned by the
community as a result of armed conflict, unless these places have been declared as a
“no man’s land”;

(Child refers to:

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

(2) a person (18) years of age or older but who is unable to fully take care of one’s self;
or protect ones’s self from abuse, neglect, cruelty, exploitation or discrimination; and
unable to act with discernment because of physical or mental disability or condition;

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

(h) Children affected by armed conflict refers to all children population experiencing, or
who have experienced armed conflict;

(i) Children involved in armed conflict reters to children who are either forcibly,
compulsorily recruited or who voluntarily joined any governmental armed forces or
any armed group in any capacity to participate directly in armed hostilities as
combatants or as fighters, or take support roles such as scouting, spying, sabotaging,
acting as decoys, assisting in checkpoints, acting as couriers, messengers, porters,
cooks, and being sexually abused;

() Children in situations of armed conflict refers to all children involved in armed
conflict, children affected by armed conflict and internally displaced children;

(k) Food blockade refers to an armed conflict tactic of forcibly cutting off entry of food
supplies in a particular area where children can be found;

(l) Government armed forces tefers to the Armed Forces of the Philippines (APP)
including the paramilitary forces, the Philippine National Police (PNP) and other law
enforcement agencies:

(m) Grave child rights violations refer to the crimes committed against children that
constitute flagrant violations of their human rights and have severe consequences on
their lives. These crimes include those enumerated in Section 9 of this Act such as
killing or maiming of children, recruitment or use of CIAC, rape and other forms of
sexual violence against children, abduction of children, attacks against schools or
hospitals, or denial of humanitarian access to children;

(n) Hamleting refers to an armed conflict strategy used one party involved in armed
conflict that isolates a community of importance to the other party which is inhabited
by children, including relocating a community away from crucial zones and could be
used to control the activities of the people in said areas;

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



(p) Humanitarian access refers to the right of vulnerable populations to receive
international protection and assistance from an impartial humanitarian relief operation
to complement efforts of national authorities, Such action is subject to the consent of
the State or parties concerned and does not prescribe coercive measures in the event
of refusal, however unwarranted;

() Humanitarian assistance refers to any aid that seeks to save lives and alleviate
suffering of a crisis-affected population, Humanitarian assistance must be provided in
accordance with the basic humanitarian principles of humanity, impartiality,
independence and neutrality. Assistance may be divided into three (3) categories:
direct assistance, indirect assistance and infrastructure support, which have
diminishing degrees of contact with the affected population;

(r) Internally displaced children refer to children or group of children, whether separated
or together with their families, who have been forced or obliged to flee or to leave
their homes or places of habitual residence, in particular, as a result of or in order to
avoid the effect of armed conflict and situations of generalized violence;

(5) 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. These includes the death of children as a result
of direct targeting and indirect actions, such as cross-fire, use of landmines, cluster
munitions, biological weapons of destruction, all forms and types of explosives; ot
house demolitions, search and arrest campaigns, suicide attacks and torture; they also
include murder, homicide and such other similar crimes as defined in the Revised
Penal Code, as amended, and other special laws;

() Maiming of children teters 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,

uch as cross-fire, use of landmines, clusters munitions, biological weapons of
destruction, all forms and types of explosives; or in the context of house demolitions,
search and arrest campaigns, suicide attacks and torture;

(w 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

(v) Recruitment refers to compulsory, forced or voluntary conscription or enlistment of
children into the governmental armed force or forced or voluntary membership into
the armed group:

(w) Release of children refers to the process of formal and controlled disarmament and
demobilization of children and their release {rom an armed force or armed group as
well as informal ways in which children leave by escaping, being captured or by other
means. It entails a disassociation from the armed force or armed group and the
beginning of transition from military to civilian life. Release can take place during
situation of armed conflict; it is not dependent on children having weapons to forfeit;

(x) School refers to any, structure, with or without marked visible boundaries, which is
recognized and known by the community as a learning space; and,

(9) Zone of peace refers to a site with sacred, religious, historic, educational, cultural,
geographical or environmental importance which is protected and preserved by its
own community and officially recognized by a governmental authority. It is not
merely a “Demilitarized Zone”, but a sanctuary that operates within ethical principles
of nonviolence, free from weapons, acts of violence, injustice and environmental
degradation.



CHAPTER IL
RIGHTS OF CHILDREN IN ARMED CONFLICT

SEC. 6. Children as Zones of Peace. - Children are hereby declared as zones of
peace. As such, they shall be treated in accordance with the policies stipulated under Article
X, Section 22 of Republic Act No. 7610 or the Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act, Treatment of children as zones of peace shall
extend beyond territorial or geographical boundaries and shall focus on the person of the
child whose rights shall be promoted and protected at all times, especially in situations of
armed conflict or violence, The State and all sectors concerned shall have the responsibility
to resolve armed conflict in order to promote the goal of children as zones of peace. As such,
the community, governmental authority and, if appropriate, religious leadership shall
preserve the peaceful integrity of children, exemplify mutual respect and nonviolent behavior
in the presence of children, and share their resources to further peace and cooperation

SEC. 7. Rights of Children in Situations of Armed Conflict. « Children in situations of
armed confliet shall have the following rights:

(a) the right of special respect and protection against any form of abuse, neglect,
exploitation and violation, especially in the context of armed conflict;

(b) the right to be treated as victims. They shall be treated in accordance with this Act and

other applicable laws, consistent with the State obligation under international law,

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

the right to be considered as object of special respect and to be protected from any

form of direct or indiscriminate attacks and acts of violence especially protection

from the grave child rights violations as enumerated in Section 9 of this Ac

(d) the right to be protected from recruitment into governmental armed forces or armed
groups and from participation in armed conflict including the right to be protected
from torture or any cruel, inhuman or degrading practices that compel compliance or
punish noncompliance with recruitment or participation in armed conflict;

(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 programs, psychosocial and moral education; early
childhood care and development programs, psychosocial support and social services.
All services provided for them must be child and gender sensitive or responsive;

(1) the right to enjoy their freedom of thought, conscience, religion or belief, opinion and
expressions; to associate freely and participate equally in legitimate community
affairs; 10 communicate in a language they understand even in situations of armed
conflict and whether or not they have been internally displaced or are living in
evacuation centers or settlements;

(g) the right to be treated humanely in all circumstances, without any adverse distinetion
founded on race, coior, religion or faith, gender, birth or wealth, or any other similar
criteria;

(h) the right not to be interned in or confined in camp;

(i) the right of the wounded and the sick, those with disabilities, unaccompanied minors
including expectant mothers, to care, protection and assistance required by their

tc



condition, and to treatment which takes into account their special needs such as their
health needs, reproductive health care as well as appropriate counseling, prevention of
contagious and infectious diseases, including Human Immunodeficiency Virus
Acquired Immunodeficiency Syndrome (HIV/AIDS) and access to psychosocial
services;

(i) the right to be with their families, especially with their mothers, during evacuations

and in evacuation centers;

the right to liberty of movement and freedom to choose their residence especially in

the case of internally displaced children and their families who shall have the right to

move freely in and out of evacuation centers or other settlements, subject to existing
rules and regulations in those centers or settlements;

(1) the right especially of internally displaced children and their families to: leave the
country; seek safety in another part of the country; seek other service providers; seek
asylum in another country; and be protected against forcible return to resettlement in
any place where their life, safety, liberty or health would be at risk;

(m)the right to be reunited with their families in case of separation duc to armed contfic!

(n) the right to obtain necessary documents to enjoy their legal rights. The State shall
have the duty to expedite services in the issuance of new documents or the
replacement of documents lost in the course of displacement, without imposing
unreasonable conditions and without discrimination against female child and male
child, who shall have equal rights to obtain and to be issued the same in their own
names:

(0) the right of access to justice including free legal aid when filing cases against the
perpetrators; and,

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

(q) The rights enumerated in this section shall not hinder the application of other rights
recognized and guaranteed in the Constitution and other existing laws in keeping with
the best interests of the child.

«k)

CHAPTER HI
PREVENTION

SEC. 8. Prevention, - The State shall take all feasible measures to prevent the
recruitment, re-recruitment, use or displacement of children involved in armed conflict. It
shall take all necessary measures to ensure the effective implementation and enforcement of
the provisions of this Act. Towards this end, the State shall:

(a) prioritize children’s, issues in the peace program of the government and include
children’s concerns, specifically the effects of armed conflicts, in peace negotiations:

(b) include peace, human rights and protective behavior skills as fundamental subject 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 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
organizations at the community level. These organizations shall be involved in



consultation and ‘decision-making processes and. in. the development and
implementation of programs, projects and activities established for them;

() establish livelihood programs which shall be made available to communities in
identified priority areas in order to alleviate the living conditions of the people:

(g) make available basic health services in health facilities in identified priority areas
Culturally-sensitive nutrition program and activities including supplementary feeding
shall also be made available. Efforts to support traditional health practices in
indigenous peoples’ area shall also be initiated:

(h) establish basic facilities and infrastructure needed;

(i) ensure that child protection mechanisms are present and functional; and,

(j) establish a comprehensive, effective and efficient system for monitoring and reporting
and response for violations as provided in Section 9 of this Act.

CHAPTER IV
PROHIBITED ACTS, PENALTIES
AND PRESCRIPTION OF CRIME

SEC. 9. Prohibited Acts and Penalties.

(a) It shall be unlawful for any person to commit the following acts of grave child rights
violations.
(A) killing of children;
(2) Torture committed against children. For purposes of this Act, torture shall include
those enumerated in Section 4 of Republic Act No, 9745 or the Anti-Torture Act
(3) intentional maiming of children; and.
(4) rape of children

Any person found guilty of committing any of the acts enumerated in subparagraphs
nd 4 Paragraph (a) of this Section shall suffer the penalty of life imprisonment and a
fine of not less than two million pesos (P2,000,000.00) but not more than five million pesos
(P5,000,000.00).

(b) The following acts of grave child rights violations are also hereby prohibited

(1) cruel, inhuman and degrading treatment or punishment committed against children
For purposes of this Act, cruel, inhuman and degrading treatment or punishment shall
include those acts enumerated in Section 5 of the Anti-Torture Act

(2) abduction of children;

(3) causal maiming of children;

(4) taking children as hostages or using them as human shield;

(5) recruitment, conscription or enlistment of children into governmental armed forces
and other armed groups:

(6) acts of gender-based violence against children:

(7) refusal or denial of humanitarian access and/or assistance to children;

(8) use or involvement of children involved in armed conflict in any capacity as defined
in Section 5(i) of this Act; and,

(9) attack on schools, hospitals, places of worship, evacuation centers and settlements and
other public places where children can usually be found



affected by armed conflict,-or internally displaced children, shall suffer the penalty of an
imprisonment of not less than six (6) months but not more than six (6) years.

SEC. 11. Forfeiture of Proceeds, Property and Assets. - The court shall order the
forfeiture of proceeds, property and assets derived, directly or indirectly, from the crimes
defined and penalized in this Act, without prejudice to the rights of the bona fide third party
The court shall impose the corresponding accessory penalties under the Revised Penal Code,
as amended, especially where the offender is a public officer

The liabilities imposed in this Act shall not prejudice the application of other existing
criminal, civil and administrative liabilities that may additionally be imposed upon the
person

SEC. 12. Nonprescription, - The crimes defined and penalized under this Act, their
prosecution and the execution of sentences imposed on their account shall not be subject to
any prescription,

CHAPTER V
PRINCIPLES OF CRIMINAL LIABILITY AND
APPLICATION OF PENALTIES

SEC. 13. Irrelevance of Official Capacity. - This Act shall apply equally to all
persons without any distinction based on official capacity. In no case shall the official
capacity exempt a person from criminal responsibility or constitute a ground for reduction of
sentence.

BC. 14. Responsibility of Superiors. - In addition to the grounds of criminal
responsibility for crimes defined and penalized under this Act, a superior shall be criminally
responsible for such crimes committed by subordinates where:

(a) the superior either knew or, owing to the circumstances at the time, should
have known that the subordinates were committing or were about to commit
such crimes; or,

(b) The superior failed to take all necessary, legitimate and reasonable measures
to prevent or repress their commission or to submit the matter to the
competent authorities for investigation and prosecution,

SEC, 15. Orders from a Superior. - The fact that a crime defined and penalized under
this Act has been committed by a person pursuant to an order of a superior shall not relieve
that person of criminal responsibility unless all of the following elements occur:

(a) The person was under 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 purposes of this section, orders to commit grave child rights violations
enumerated in Sec. 9 are manifestly unlawful and shall be punished under this Act and other
applicable existing laws


Any person found guilty of committing any of the acts enumerated in subparagraphs
1, 2, 3, 4, 5, 6, 7, 8, 9, of Paragraph (b), of this Section shall suffer the penalty of an
imprisonment of not less than fourteen (14) years but not more than twenty (20) years and a
fine of not less than one million pesos (P1,000,000.00) but not more than two million pesos
(2,000,000.00), :

(c) Where the crimes committed under paragraph (b) of this Section resulted in the
Killing, torture, maiming or rape of children as enumerated in subparagraphs 1, 2, 3 and 4 of
Paragraph (a), Section 9, the penalty imposed shall be that of Seetion 9 (a) of this Act

(d) 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 banding of children or labeling children as children involved in armed
conflict

Any person found guilty of committing any of the acts enumerated in subparagraphs
1, 2,3, 4 and 5 of Paragraph (d), of this Section shall suffer the penalty of an imprisonment of
not less than five hundred thousand pesos (P500,000.00) but not more than one million pesos
(P1,000,000,00),

(c) Parental accountability of children in situations of armed conflict are subject to the
existing provisions of Presidential Decree No, 603 or the Child Welfare Code, the Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act, Republic
Act No. 9208 or the Anti Trafficking In Persons Act, Republic Act No. 9231 on the
elimination of worst forms of child labor, and Republic Act No. 10364 or the Expanded Anti
Trafficking In Persons Act

EC. 10. Non-implementation or Violation of Any Other Provisions of this Act or the
Rules And Regulations in General. - Any public officer who shall knowingly and maliciously
prevent, prohibit, refuse or discontinue the implementation of any provision of this Act or
any rules and regulations promulgated in accordance thereof, or in any other way violate
them if such officer has the duty to implement, shall be punished by imprisonment of not less
than six (6) years but not more than twelve (12) years and perpetual absolute disqualification
from public office.

Any such officer who shall prevent, prohibit, refuse or discontinue the
implementation of this Act or its rules and regulations, or in any other way violate them by
reason of inexcusable negligence or ignorance, shall suffer the penalty of an imprisonment of
not less than one (1) month but not more than six (6) months and temporary special
disqualification from public office.

The public officer liable under this section shall, in addition to the imprisonment, be
held administratively liable under existing applicable laws.

Any person who shail deliberately commit any other act not covered in Section 9,
which shall result in prejudicing the rights of children involved in armed conflict, children


SEC. 16. Unknown Superior. - Where the crimes defined and penalized under this
‘Act have been committed by & person pursuant to an order or command of unknown superior,
any person who in fact directed the others, spoke of them, signed receipts and other
documents issued in their name, or who has performed similar acts on behalf of the armed
groups, shall be deemed the superior.

CHAPTER VI
INVESTIGATION, PROSECUTION AND COURT

. 17, Court Prosecutors and Investigators, ~ The Family Courts shall have
original exclusive jurisdiction over the crimes punishable under this Act

The commission on Human Rights (CHR), the Department of Justice (DOJ) and its
attached agencies, the PNP or other concerned law enforcement agencies shall designate
prosecutors or investigators, as the ease 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 raining in human rights particularly on
the Convention on the Rights of the Child and its Optional Protocol on the Involvement of
Children in Armed Conflict and related international instruments, International Humanitarian
Law and International Criminal Law,

SEC. 18. Requirement and Procedures on Age Verification and Presumption of
Minority, ~ The child involved in, affected by or displaced by armed conflict shall enjoy the
presumption of minority and shall enjoy all rights of a child recognized in this Act and other
applicable laws unless proven to be at least eighteen (18) years of age or older

‘The age of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent document. In the absence of these documents, age may be
based on information trom the child, testimonies of other persons, the physical appearance of
the child and other relevant evidence such as dental records. In case of doubt as to the age of
the child, it shall be resolved in favour of the child being deemed a minor.

Any person contesting the age of the child prior to the filing of the information in any
appropriate court may file a case in a summary proceeding for the determination of age
before the Family Court, which shall decide the case within twenty-four (24) hours from
receipt of the appropriate pleadings of all interested parties.

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

In all proceedings, law enforcement officers, prosecutors, judges and other
government officials concerned shall exert all efforts to determine the age of the child
involved in armed conflict


SEC. 19. Protection of Victims and Witnesses. — In addition to existing provisions in
the Philippines 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 wellbeing, dignity and privacy of child victims and witnesses
Pursuant thereto, the court shall give due regard to all relevant factors, including age,
gender and health, and the nature of the erime, particularly where the crime involves
sexual or gender based violence or violence against children;

(b) _ The court shall protect the privacy of child victims and witnesses and observe
confidentiality consistent with existing rules on examination of child victims and
witnesses;

(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 rule:
of procedure and evidence; and,

(d) Where the disclosure of evidence of 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

SEC. 20, Reparation to Victims, ~ In addition to existing provisions in Philippine law
and procedural rules for reparations to victims, the following measures shall be undertaken;

(a) The court shall follow the principles relating to the reparations to, or in respect
of, child victims, including restitution, compensation and rehabilitation, taking into
consideration the scope and extent of any damage, loss or injury suffered by child
victims;

(>) The court shall make and order directly against a convicted person specifying
appropriate reparations to child victims, including restitution, compensation and
rehabilitation; and,

(c) Before making and order under this section, the court may invite and shall
take account of representations from or on behalf of the convieted person, child
victims or other interested persons

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

SEC. 21. Immunity from Suit for Persons Providing Assistance. ~ Any person who
shall take custody of children involved in armed conflict to ensure their safety or provide
them any form of assistance shall be exempt from any civil, criminal and administrative
liability: Provided, That the person taking custody shall report it to the Local Social Welfare
and Development Office (LSWDO), the PNP or to the barangay office within forty - eight
(48) hours from custody,

CHAPTER VIL
REHABILITATION AND REINTEGRATION,
RESCUE AND RELEASE


SEC. 22. Rescue, Rehabilitation and Reintegration. ~ The State shall institute
policies, programs and services for the rescue, rehabilitation and reintegration of children in
situations of armed conflict. The programs shall aim at providing services for children while
involving their families, communities and other entities to facilitate the children’s
reintegration process.

These services shall include psychological support, health and nutrition, education,
livelihood for families, other basic services and legal services, as may be necessary

Any program intervention shall be designed with due respect to the culture of each
child, family and community, The child shall, at all times, be provided with legal assistance
and physical security upon rescue.

The State shall take into account the protocol in the rescue, rehabilitation and
reintegration of children specified below:

(a) Rescue: The State shall provide for adequate measures and
mechanisms to facilitate the recovery, either voluntary or involuntary, of
children from armed groups or governmental armed forces. It shall provide
legal and physical security to children involved in armed conflict including
services such as family tracing and 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 the post — involvement phase. It shall provide services
including therapeutic counselling, security and protection, educational
assistance and livelihood pportunities to their parents, relatives or guardians
or to the vietims when they become of age;

(©) Reintegration: The State shall bring children back to their families or
communities whenever possible. This shall involve services including the
provision of alternative parental care, trainings aimed to enhance community
readiness in the reintegration of these children shall also be undertaken,
Whenever possible, interventions for children shall be done with respect to
their opinion, Interventions for indigenous peoples (IP) children shall be
conducted into recognition of the traditional structures and institutions of their
communities.

SEC. 23, Release of Children Involved in Armed Conflict (CIAC). - The State shall
take all feasible measures. to ensure that children recruited or used in armed conflict are
demobilized, dissociated or otherwise released from the armed force or armed group.

For the purposes of this Act, release activities shall be initiated independent of any
negotiated peace agreements.

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

(a) Develop a child ~ specific release program. This release program
should not make as a requirement the surrender of arms by CIAC who have
assumed non — combatant roles;


(b) Monitor and document the status of CIAC who undergo either a formal
or informal release 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 released CIAC and to formulate ways to address these needs, and
be informed of their status and updates of release CIAC:

(d)_ Mobilize and strengthen networks for referrals;

(c) Provide free legal assistance to released CIAC ensuring that the legal
needs of the former CIAC will be addressed, such as the prohibition ot
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; and,

(8) | Ensure the formal release of CIAC through various approaches s
negotiating through the Government Peach Negotiating Panel (GPNP).

uch as

Other criminal armed groups that utilize children and are not involved in formal peace
negotiation with the government shall, however, be dealt with in accordance with the peace
and order or security policy as may be provided by the appropriate government agency:
Provided, That in any release action, the best interest of the child shall be observed

SEC. 24. Resewed, Taken into Custody, or Surrendered Children Involved In Armed
Conflict (CIAC), ~ Where the CIAC have been rescued, taken into custody, or surrendered,
they shall at 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 childs

(a) The identity of rescued CIAC shall be protected, Any identifying
information regarding them shall remain confidential;
(b) Rescued CIAC shall not be used for any political propaganda nor be
unnecessarily exposed to media in violation of child rights to privacy, security
and confidentiality of their cases;
(©) Upon the rescue or surrender of CIAC, government agencies, in
particular, the AFP, the PNP, the Department of National Defense (DND), the
local government units (LGUs), other concerned government agencies or non
government organizations in possession of the CIAC shall report
immediately within twenty ~ four (24) hours the incident to the LSWDO and
the Council for the Welfare of Children (CWC);
(d) The LSWDO shall coordinate with the agency of non ~ government
organization in possession of CIAC for the tumover of custody of the children
to the Department of Social Welfare and Development (DSWD);
(ce) The turnover to the LSWDO shall take place within twenty — four (24)
hours or in cases where turnover is not possible within the prescribed twenty
four (24) hour period due to valid reasons and without the fault of the person,
having custody of the child, the turn over shall be done within the next seventy
— two (72) hours;
(f) The LSWDO shall facilitate the family tracing and coordinate with
parents, relatives or guardians of the CIAC to inform them of the turnover;



(g) The Local Health Office (LHO), In coordination with the LSWDO,
shall check and assess the medical and physical condition of CIAC. In cases
where medical needs are apparent, the LHO shall ensure that medical services
or treatment are received by the CIAC:
(h) The LSWDO shall assesss the needs of the CIAC and refer to the
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,

(i) The CIAC shall be reintegrated into the community. In cases where
reintey ginal community of origin is not feasible for reasons of
CIAC’s security, a foster community or institution shall be identified.

CHAPTER VIII
INVOLVEMENT OF GOVERNMENT AND NON ~ GOVERNMENT
ORGANIZATIONS

mr |

Involvement of Government Organizations (GOs) and Non ~ Government
Organizations (NGOs). ~ To effectively undertake the protection of the welfare of children in
situations of armed conflict, the CWC, together with its member agencies, shall be assisted
by the following government organizations (GOs) for the proper implementation of this Act

(a) AFP;

(b) Bureau of Jail Management and Penology (BJMP);

(c) CHR;

(d) Department of Interior and Local Government (DILG);
(e) Department of Health (DOH);

(f) DO,

(g) Department of
(h) DSWD;

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

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

(1). National Disaster Risk Reduction and Management Council (NDRRMC);
(m) Office of the Presidential Adviser on the Peach Process (OPAPP);

(n) Philippines Commission on Women (PCW); and,

(0) PNP

National Defense (DND):

In caring for the children in situations of armed conflict, child ~ focused NGOs, shall
take active part in and continually strive to strengthen their programs and capabilities to
deliver protection to these children.

For proper implementation of this Act, all GOs and NGOs including those identified
herein shall provide their respective counterpart support including technical, logistical and
financial assistance relative to the implementation of programs, projects and activities for
children in situation of arnied conflict, in accordance with their mandate and in accordance
ing accounting and auditing rules and regulations,

All programs should be participatory and should ensure the involvement of children,
their communities, NGOs, faith based organizations or groups, and other concerned groups.


CHAPTER IX
MONITORING AND REPORTING

SEC, 26. Monitoring and Reporting System. - The State, through the CWC, in
coordination with other" concerned government organizations, shall ensure the
implementation of the provisions of this Act and shall submit to the President and to
Congress of the Philippines the annual report thereof, The CWC shall establish and maintain
a database for the monitoring and reporting of children in situations of armed conflict
concerns integrated in its monitoring system.

The CWC may hire additional personnel to complement its present secretariat to

perform its functions relative to this Act

CHAPTER X
TRANSITORY PROVISIONS

SEC. 27. Dismissal of Criminal Cases, Upon the effectivity of this Act, criminal
cases against children involved in armed conflict shall immediately be dismissed and the
child shall be referred to the LSWDO. Such office, upon thorough assessment of the child,
shall determine whether to release the child to the custody of the parents, or refer the child to
prevention, rehabilitations and reintegration programs as provided under this Act. Those with
suspended sentences and undergoing rehabilitation at a youth rehabilitation center shall
likewise be released; Provided, That the Family Court shall, in consultation with concerned
agencies, determine and order the appropriate prevention, rehabilitation and reintegration
programs the person shall undergo as provided under this Act

SEC, 28, Inventory of Custody of Children in Situations of Armed Conflict, - The
AFP, the PNP, the BJMP, the DSWD, the NCIP, the NCMP and the concerned LGUs are
hereby directed to submit to the CWC, within ninety (90) days from the effectivity of this
Act, an inventory of all children in situations of armed conflict under this custody.

SEC. 29. Children. Who Reach Age of Eighteen (18) Years Pending Court
Proceedings or in Suspended Sentences, ~ In cases when a child with a pending case reaches
the are of eighteen (18) years, the Family Court shall dismiss the case against the person and
determine, in consultation with concerned agencies, whether of not there is a need for the
person to undergo appropriate rehabilitation and reintegration programs provided under this,
Act.

Those with suspended sentences and undergoing rehabilitation at a youth
rehabilitation center shall likewise be release: Provided, That the Family Court shall, in
consultation with concerned agencies, determine and order the appropriate rehabilitation and
reintegration programs the person shall undergo as provided under this Act.

SEC, 30. Children Who Have Been Convicted and are Servicing Sentence. - Persons
who have been convicted and are serving sentence at the time of the effectivity of this Act
and who were below the age of eighteen (18) years at the time of the commission of the
offense for which they were convicted, and are serving sentence, shall likewise benefit from
the retroactive application of this Act. They shall be entitled to appropriate dispositions
provided under this Act, and their sentences shall be adjusted accordingly. They shall be
immediately release if they are so qualified under this Act or other applicable law.



CHAPTER XI
FINAL PROVISIONS

SEC. 31. Appropriations. ~ The amount necessary to cover the initial
implementation of this Act shall be charged against the current year’s appropriations of the
concemed implementing departmentagencies. Thereafter, the amount necessary for its
continued implementation shall be included in the budgets of the concemed
departments/agencies in the annual General Appropriations Act.

SEC. 32. Implementing Rules and Regulations, The CWC, together with this
member agencies and the OPAPP, in consultations with civil society organizations, shall
promulgate the implementing rules and regulations of this Act within ninety (90) days trom
its approval. All government agencies enumerated in Section 26 of this Act shall be consulted
insofar as the drafting of their responsibilities are concerned.

Non ~ government organizations involved in caring for children in situations of
armed conflict shall likewise be consulted in the drafting of the /mplementing Rules and
Regulations of this Act.

the Revised Penal Code
ion.

SEC. 33. Suppletory Application. - For purposes of this Act
as amended, and other applicable laws shall have suppletory appl

SEC. 34. Separability Clause. ~ If any part or provision of this Act is declared
invalid or unconstitutional, the other parts hereof not affected thereby shall remain valid.

SEC, 35, Repealing Clause, ~ Article X, Sections 22 to 26 of Republic Act No
7610, all laws, acts presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed amended,
modified or repealed accordingly.

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

Approved,