NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Third Regular Session
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SENATE
SB No. ^96
24 DEC 10 P4 o2
nl!^Kred and Sul^mitt:ed jointly by the Committees on Women, Children, Family 
Relations and Gender Equality; and Finance with Senator Hontiveros as author thereof
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AN ACT
PROVIDING FOR THE MAGNA CARTA OF CHILDREN
assen^bied-eC/ Ser>3te and the House of Representatives in the Philippines
CHAPTER I 
General Provisions
Section 1. Short Title. - This Act shall be known as "The Magna Carta of Children".
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State that:
a< Ihe -^ta? reco9nizes children as bearers of human rights, and values the 
digmty of every child and guarantees respect for the human rights of the child. 
The State shall exert every effort to protect, respect, and fulfill the rights of 
every child as a unique and valuable human being with an individual 
personality, distinct needs, interests and privacy;
b. The State recognizes that the child is entitled to special safeguards and care
because of their significant vulnerability, evolving capacity, and psychological 
maturity;
c. The State tKognizes the vital role of children in nation-building and shall 
promote and protect their physical, moral, spiritual, mental, and social well- 
Deing. it shall inculcate patriotism and nationalism, and encourage their 
responsible involvement in public and civic affairs;
d. The State shall ensure that the institutions, services, and facilities responsible 
for the care or protection of children shall conform to the standards established 
by competent authorities;
e. As a State Party to the Convention on the Rights of the Child, the State shall 
undertake all appropriate legislative, administrative, and other measures for 
the implementation of the civil and political rights of the child.


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In matters of economic, social, and cultural rights, the State shall undertake 
such measures to the maximum extent of available resources and, where 
needed, within the framework of international cooperation. The State shall also 
effect'vely protect every child against and provide remedies for both direct and 
indirect impacts of environmental degradation;
f. The State shall respect the responsibilities, rights, and duties of parents, the 
members of the extended family or community, as provided by local customs 
legal guardians or other persons legally responsible for the child;
g. Consistent with Sec. 13, Articie II of the Philippine Constitution, the State
nmS-cth the ultal ?le of the youth in nation-building, and promotes and 
p otects their physical, moral, spiritual, intellectual, and social well-being. In
the pursuit of this policy, the State shall abolish ail traditional and cultural
PIaCutli<?S and structures that perpetuate discrimination, abuse and exploitation 
of children;
h. As the State recognizes that during emergency situations, particularly in 
situations of forced displacement, children are placed at heightened risk of 
violence abuse, exploitation, and neglect, it shall protect the fundamental 
rights of children before, during, and after disasters and other emergency
threatened!/VherG children's survival and normal development are gravely
i. 
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 physical and 
mental capacity, gender, cultural, ethnic, and religious backgrounds; and
j. 
Protect, rehabilitate, and reintegrate children gravely threatened or endangered 
by circumstances which affect their survival and normal development over 
which they have no control.
Sec. 3. Guiding Principles of the Rights of the Child. - As a State Party to the 
Convention on the Rights of the Child, the State shall at all times seek to ensure the 
realization of the Convention by respecting and protecting children's rights and 
avo'dmg acts or omissions that would result in a breach of the Convention, and 
fulfilling children s rights by taking steps for its full implementation.
The State shall adopt a child rights-based approach to child care and protection
a Child Shal1 be viewed as a ri9hts holder and not merely a beneficiary of 
adults benevolence or others'charity.
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Further, the State is guided by the following principles:


a.
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C.
d.
Nu0M'd,!5rim,?at,0n; The State shal1 resPect and ensure the rights of every 
child without discrimination of any kind, irrespective of the child's or their
parents or legal guardian's ethnicity or social origin, sexual orientation, gender. 
Identity, gender expression, color, sex, language, religion, beliefs, political 
v'ews or expressed opinions, activities, nationality, membership in Indigenous 
cultural Communities or Indigenous Peoples (ICC/IPs), asylum-seeking refugee 
or migrant status, property, disability, birth, and other status.
The State shall take all appropriate measures to ensure that the child is 
protected against all forms of discrimination or punishment on the basis of the 
status, activities, expressed opinions or beliefs of the child's parents, parent- 
substitutes, or family members;
fLh!e4fSIJrViu and deve,0Pment- The child has the inherent right to life, and 
une state shall ensure to the maximum extent possible the survival and holistic 
development of the child, including the child's physical, mental, spiritual, moral, 
psychological, social, and cultural development;
Inclusion and participation. Children are capable of forming their own views 
and have the right to express these views freely in all matters affecting them.
The State shall work towards fostering a culture of inclusion and 
representation; and
Best interest of the child. In all actions concerning the child, whether 
underteken by public or private social welfare institutions, courts of law, 
administrative authorities, or legislative bodies, the best interests of the child 
shall be a primary consideration. This includes the totality of the circumstances 
and conditions most agreeable to the survival, protection, and feelings of 
security of the child, and most encouraging to the child's physical, 
psychological, and emotional development. It also means the least detrimental 
available alternative for safeguarding the growth and development of the child.
CHAPTER II 
Definition of Terms
Sec. 4. Definitions - For purposes of this Act, the following terms shall mean:
a. AIDS refers to Acquired Immune Deficiency Syndrome, a medical condition 
caused by the Human Immunodeficiency Virus (HIV) which makes an 
individual susceptible to opportunistic infections;
b. Child refers to a person below eighteen (18) years of age, or those 
eighteen (18) and over but are unable to fully take care of themselves or 
protect themselves from abuse, neglect, cruelty, exploitation or 
discrimination because of a physical or mental disability or condition.
However, existing or subsequent laws expanding this definition to beyond 
eighteen shall be accepted;


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C‘ 
,Sk re?rS t0 9 child wh°'s vulnerable to at risk of Committing
criminal offenses because of personal, family, and social circumstances;
d eiohtPPn n d 0f S?eCial Protection (CNSP) refers to a child below 
arp^!n!hi 1f8lyifarS 0f 9967 0r those ei9t>teen (18) years old and over but
O rnnH .! Care °f themselves because of physical or mental disability 
or condition, who are vulnerable to, or are victims of abuse, neglect
c^rcum^irnrU 
discrimination, violence, and other sPmila^
circumstances, including but not limited to:
(1) Abuse which refers to the maltreatment, whether habitual or not of 
a child, which includes any of the following:
i. Psychological and physical abuse, neglect, cruelty, sexual abuse,
and emotional maltreatment, including bullying, whether offline or 
online;
\\. Any act by deeds or words which debases, degrades, or demeans 
the intrinsic worth and dignity of a child as a human being;
iii. Unreasonable deprivation of the child's basic needs for survival 
such as food, shelter, healthcare and adequate clothing; or
iv. Failure to immediately give medical treatment to an injured child 
resulting in serious impairment of his growth and development, or in 
their permanent incapacity or death;
(2) Acts of gender-based violence, which refer to physical or sexual 
violence other than rape, and psycho-social harm that is committed 
against a person as a result of power inequities that are based on 
gender roles, which include, among others, battering, sexual slavery 
and abuse of children, female genital, mutilation, prostitution, forced 
marriage, forced pregnancy, or forced sterilization;
(3) Child labor, which refers to any work or economic activity performed 
by a child that subjects him/her to any form of exploitation or is
harmful to their health and safety or physical, mental, or psychosocial 
development;
(4) Child prostitution and other sexual abuse, which refers to a situation 
where children, whether male or female or those with diverse sexual 
orientation and gender identity expression, who for money, profit, or 
any other consideration or due to the coercion or influence of any
adult, syndicate, or group, indulge in sexual intercourse or lascivious 
conduct;


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{5) Disability or any long-term physical, mental, intellectual, or sensory 
impairments, which, in interaction with various barriers, may hinder a 
chiid's full and effective participation in society on an equal basis;
(6) Discrimination, which refers to unfair or unjust treatment that 
distinguishes, excludes, restricts, or shows preferences based on any 
ground such as sex, gender, age, sexuai orientation, gender identity 
and expression, economic status, disability, ethnicity, and HIV status, 
whether actual or perceived, and which has the purpose or effect of 
nullifying or impairing the recognition, enjoyment, or exercise by all 
persons similarly situated, of all their rights and freedoms;
(7) Online Sexual Abuse and Exploitation (OSAEC) and the production, 
distribution, possession, and access of Child Sexual Abuse or 
Exploitation Materials (CSAEM) as defined and penalized under R.A. 
No. 11930, or the "Anti-OSAEC and Anti-CSAEM Act";
(8) Rape as defined in the Revised Penal Code, in Section 2 of R.A. No. 
8353, or "The Anti-Rape Law of 1997", and Section 5(z) of R.A. No. 
11188, or the "Special Protection of Children in Situations of Armed 
Conflict Act";
(9) Situations of Armed Conflict, which include all children involved in 
armed conflict, children affected by armed conflict, and internally 
displaced children;
(10) 
Trafficking-in-Persons, which refers to the recruitment, 
obtaining, hiring, providing, offering, transportation, transfer, 
maintaining, harboring, or receipt of persons, with or without the 
victim's consent or knowledge, within or across national borders, by 
means of threat, or use of force, or other forms of coercion, 
abduction, fraud, deception, abuse of power or of position, taking 
advantage of the vulnerability of the person, or, the giving or 
receiving of payments or benefits to achieve the consent of a person 
having control over another person for the purpose of exploitation, 
which includes at a minimum, the exploitation or the prostitution of 
others, the engagement of others for the production or distribution, 
or both, of materials that depict child sexual abuse or exploitation, or 
other forms of sexual exploitation, forced labor or services, slavery, 
servitude, or the removal or sale of organs; and
(11) 
Other Circumstances which threaten or endanger a child's 
survival and normal development, including, but are not limited to, 
the following:
(a) Being in a community where there is armed conflict or being 
affected by armed conflict-related activities;
(b) Working under conditions hazardous to life and safety, which 
unduly interfere with their normal development;


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e.
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(c) Living in or fending for themselves in the streets of urban or 
rural areas without the care of parents or a guardian, being 
bereaved of parents at a tender age, or being deprived basic 
services needed for a good quality of iife;
(d) Living under conditions of extreme poverty, or in an area, 
which is underdeveloped and/or lacks or has inadequate access 
to basic services needed for a good quality of life;
(e) Being a victim of naturai, ciimate, and human-induced hazards; 
or
(f) Circumstances anaiogous to those above stated, which 
endanger the life, safety, or normai development of children;
(12) 
A child-in conflict with the iaw, which refers to a child who is 
alleged as, accused of, or adjudged as, having committed an offense 
under Philippine laws;
(13) 
A child living in an alternative child care, which refers to living 
iri chiid-caring or child-placing agency, and may include foster care, 
kinship care, family-like care, and residential care; and
(14) 
A child living with HIV, which includes being infected with HIV 
and/or being subjected to stigma or discrimination due to their 
connection to HIV-positive individuals.
Children as Zones of Peace is a concept that highiights the protection of 
children from the effects of conflict, violence, and exploitation. It shali extend 
beyond territorial or geographical boundaries and shail focus on the person 
of the chiid whose rights shali be promoted and protected at aii times, 
especiaily in situations of armed conflict or violence;
Child sexual abuse or exploitation material or child sexual abuse 
material refers to any representation, whether offline, or by, through or 
with the use of information and communications technology (ICT), by means 
of visual, video, audio, written, artificial intelligence (AI) or any combination 
thereof, by electronic, mechanicai, digitai, optical, magnetic or any other 
means, of a child engaged or involved in reai or simulated sexual activities, 
or depicting acts of sexuai abuse, or exploitation of a child as a sexual object.
It shall also include materials that focus on the genitalia or other private 
body parts of a chiid;
Comprehensive Newborn Screening System refers to a newborn 
screening system that inciudes, but is not iimited to, education of relevant 
stakeholders, collection and biochemical screening of blood samples taken 
from newborns including blood typing, auditory test tracking, and 
confirmatory testing to ensure the accuracy of screening resuits; ciinical 
evaluation and biochemical/medical confirmation of test results; drugs and 
medical/surgical management and dietary supplementation to address the


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heritable conditions; and evaluation activities to access long term outcome, 
patient, compliance and quality assurance;
h. Convention refers to the United Nations Convention on the Rights of the 
Child;
i. 
Emergency refers to unforeseen or sudden occurrence, especially as it 
pertains to danger, demanding immediate action;
j. 
Environmental Degradation refers to the deterioration of the 
environment through depletion of resources such as air, water, and soil, and 
the destruction of ecosystems and the extinction of wildlife. It is any change 
or disturbance to the environment perceived to be deleterious or 
undesirable;
k. Evolving Capacities of Children refers to the notion that children in 
different environments and cultures with different life experiences will 
acquire competencies at different ages, with the process varying according 
to circumstances. Children do not acquire competencies merely as a 
consequence of age, but rather through experience, culture, and levels of 
parental support and expectation;
l. 
Foundling refers to a deserted or abandoned child or infant with unknown 
facte of birth and parentage. This shall include those who have been duly 
registered as a foundling during their infant childhood but have reached the 
age of majority without benefitting from adoption procedures;
m. HIV refers to the Human Immunodeficiency Virus. This virus, of the type 
called retrovirus, infects cells of the human immune system, and destroys or 
impairs the cells function. Infection with HIV results in the progressive 
deterioration of the immune system;
n. Internally Displaced Children refers to children who have been forced or 
obliged to flee or to leave their homes or places of habitual residence, in 
particular, as a result of armed conflict, or to avoid the effects of armed 
conflict, situations of generalized and/or organized violence, violations of 
human rights, implementation of development projects, clan wars, or natural 
or human-induced or human-made disasters and hazards, and who have not 
crossed an international border;
0. Internet Service Provider refers to a public telecommunication entity 
(PTE) or a value-added service (VAS) provider duly authorized by or 
registered with the National Telecommunications Commission (NTC) that 
provides users or other entities with data connection allowing access to the 
internet through physical transport infrastructure, and such access is 
necessary for internet users to access content and services on the internet, 
and for content providers to publish or distribute materials online;


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p. Legal guardian shall be the father and the mother who jointly exercise 
legal guardianship over the person and property of their unemancipated 
common child without the necessity of a court appointment. In the absence
Of the father or mother, those who have been appointed by the court as the 
legai guardian;
q. Parent-substitute refers to a person other than the biological parent who
has custody over a child and is primarily responsible for their care, and 
physicai, moral and mental development, such as foster care parents leqal 
guardians and care providers; 
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r. Participative Network Platform Provider refers to any person or entity 
including a social media intermediary that facilitates social communication 
and information exchanges which is based on online technologies such as 
the web, instant messaging, or mobile technologies that enable users to 
contribute to developing, rating, collaborating, and distributing internet 
content, and developing and customizing internet applications or to conduct 
social networking. It may also refer to a person or entity that provides a 
platform or site for blogging, video-sharing, picture-sharing, file-sharing 
sites, online gaming, or instant messaging, among others;
s. Physical and Humiliating Punishment refers to the use of physical 
force intended to cause pain or discomfort to a child. It also refers to other 
forms of punishment that debase, degrade, or demean the intrinsic worth 
and dignity of the child, or cause a child to feel belittled, humiliated, 
denigrated, scapegoated, threatened, scared, or ridiculed;
t. Positive Parenting refers to a non-violent and solution-focused 
parenting approach. It teaches and guides children while respecting their 
rights to healthy development, protecting them from violence, and 
encouraging their participation in learning. This parenting mechanism is 
achieved by providing a warm and caring environment, building the child's 
competence and confidence, assisting the child in understanding and 
abiding by the rules, fostering healthy relationships and teaching the child 
life-long skills and respect for human rights. It is based on effective 
teaching and parenting, and on the principles of child's rights and 
development;
u. Reasonable Accommodation refers to the means necessary and 
appropriate modification and adjustments not imposing a disproportionate 
and undue burden, where needed in a particular case, to ensure that persons 
with disabilities enjoy or exercise on an equal basis with others all human 
rights and fundamental freedoms;
V. Social media refers to forms of media utilizing new information and 
communication technologies. This includes digital platforms, online 
applications, and social networking sites, among others;


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w. Surrogate parent refers to any adult member of the family or extended 
ftmi y or a caregiver who chose to act as a substitute parent to a child not 
legally under their parental authority or care;
X. Traditional media refers to forms of communication used before the
advent of the internet including newspapers, radio, television and billboards 
among others;
y. Violence refers to any act against children that causes harm, injury, abuse,
n!9l'9ent treatment' maltreatment, and/or exploitation, whether 
accepted as tradition or discipline, including hindering child development;
Violence against children refers to physical maltreatment, emotional
trmc'c.f XU1 aAUSe' ne9lect or ne9|igent treatment, or commercial and other 
rorms of exploitation, resulting in actual or potential harm to the child's 
health, survival, development or dignity in the context of a relationship or 
responsibility, trust or power. Violence against children can happen in settings 
including home, school, the community, workplace, public spaces and 
cyberspace; and
z.
III.
IV.
Worst forms of child labor shall refer to any of the following:
i. All forms of slavery as defined under the Republic Act 9028
or the Anti-Trafficking in Persons Act of 2003, or practices 
similar to slavery such as sale and trafficking of children, 
debt bondage and serfdom, and forced or compulsory labor, 
including recruitment of children for use in armed conflict’ 
or 
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ii. The use, procuring, offering or exposing of a child for 
prostitution, for the production of pornography or for 
pornographic performances;
The use, procuring or offering of a child for illegal activities, 
including the production and trafficking of dangerous drugs 
and volatile substances prohibited under existing laws; or 
Work, which by its nature or circumstances in which it is 
carried out, is hazardous or likely to be harmful to the 
health, safety or integrity of children.
CHAPTER III
Duties Related to the Human Rights of Children
Sec. 5. The State as the Primary Duty-Bearer. - The State is the primary duty- 
bearer of child rights. It shall: 
y
a. Respect the rights of the child and refrain from interfering with the child's 
rights;
b. Protect the rights of the child and prevent violations and abuses; and
c. Fulfill the rights of the child and take positive actions to realize children's rights.


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This includes that the State shall endeavor to take the necessary steos in 
accordance with the law and with the provisions of the present Magna Carta, to adopt
of thise?awatlVe 0r 0ther measures as may be necessary to give effect to the provisions
1-n t-hP 
in th'tkMa9na Carta shal1 affect any provisions that are more conducive
in Im/ nth °f ^he/,9hts and well_being of the child contained in other laws or 
n any other policies in force. Any custom, tradition, cultural or religious practice that
shal|COtoS^te ri,:f tfe ri?htS/ dUtieS and obli9ations contained in this Magna Carta 
shall, to the extent of such inconsistency be discouraged.
The duties of the State shall extend to all state aoencies offices anri 
TubMto'lheTnn l-eVelS !I'd 90vemment-°wned aid -controlled' corporations,
Ss and en“cemaend Pertinent 'aWS “ defln6 SPedfiC dUtieS °f state
S*rC;: 6'iRo!e of th® Parents and Parent-Substitutes. - The parents or, where 
applicable the parent-subst'tutes, legal guardians or other persons legally responsible 
for the child shall provide, in a manner consistent with the evolving capacities of the 
Child, appropriate direction and guidance in the exercise by the child of their rights
rearinrth PrhTd0te and emPl°y P0SitiVe and non’violent Parent'ng techniques in
fhp rhiln^r^H . JVat®1SeCt0r- ~ The private sector shal1 resPect the rights of 
the child and act with due diligence to avoid infringing on those rights. The private
business sector shall assess and identify its impact on child rights, conduct its core
usiness in a manner that respects, protects, and advances those rights and address 
any adverse impacts.
The private sector shall be guided by a framework provided by the State to ensure 
rp? 
respect children's rights through effective-child-sensitive legislation,
Hrcement and POliCies and remedial' rnonitoring, coorLation 
MnHpbr?af 
measures. This includes requiring businesses to
undertake child rights due diligence procedures to identify, prevent, mitigate and 
account for their impact on the environment and children's rights.
It shall promote child labor law enforcement in the Philippines, ensure safe and lust 
work envronments and fair compensation and opportunities for ail employed children 
ncluding children with disabilities and diverse genders. It shall protect them from 
abuse, exploitation, and gender-based violence, and provide opportunities for their 
voices to be heard in accordance with their evoiving capacities.
fh.4!? ?•' RO,e °5th! Media‘ ■Traditional and social media, whether pubiic or private, 
shall dissemmate information and material for the social, cultural, spiritual, moral well-
being physical, and mental health benefit and development of the child and shall
pUfndra^mternat,0nal cooperation in the production, exchange, and dissemination 
0 information and material. It shall take due regard to the linguistic needs of the child
10


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disabnrtles 
tV 9 P' °r Wh°'s 3 member of ICCs/IPs, or those with
11 d. PP apPr0Prlate guidelines for the protection of the child from
rf nL, f H atena lnjur'ous t0 thelr well-being. It shall, likewise, respect the
freelv exnrws thPirnVaCy' a^ Pr°vide safe and inclusive platforms for children to 
freely express their views. The best interests of the child shall be of primarv
maSnoTdTtLtaut?hVchkndn int0 aCC0Unt bef0re P0Sting' PUbliShing' airing any
aHliSh?HlctheHr0le °.f media t0 raise public awareness about children's rights, help shift
issues and Drevpanttlrh WthahI1ar™|Cdi'dren' and inSpire action t0 address child rights 
issues and prevent child rights violations.
nipw.n' RO,eJ>f.CiV1il Society Organizations (CSOs). - Civil society organizations
sha^l resect Sr pr0motinA9 afnd safeguarding children's right^ and the State
the Stal^^fnlf^ inn ^hPen(?enTh' aS practicable' CSOs maV work together with 
rhLmn JnHf g th's(role- Thls lncludes Organizations formed by and composed of 
children and young adults. It is important for CSOs to work collaboratively and in
rnnn!r9rCe*.anCLSynergy Wlth each other' including multisectoral and interdisciplinary 
by children110 effeCtlvely address the who|e range of concerns and challenges faced
Jhlf .l(i^awise(+the r°le of CSOs t0 secure and advocate for safe and inclusive spaces for
IClPatl^n, a.nd ensure that children are consulted in the planning, 
implementation, and evaluation of their programs.
f®C-10-,Role ,of th® Education Sector. - The education sector shall ensure that
thf clro tT.n Sh,a be lnclusive and conform to the minimum standards set by 
me State. It shall be directed to the development of the child's personality, talents
mental and physical abilities to their fullest potential, the development of respect for
?ni?1ani r!?htiand fundamental freedoms, respect for the child's parents, their own 
cultural Identity, language and values of the country in which the child is living, or may
°r'9'IJatehfro[^' and f°r cultures different from their own, preparation of the child for
b f lfe In a society' in the spirit of understanding, peace, tolerance, 
quality of sexes, and friendship among all peoples, ethnic, national and religious
RlrflTPpSrlTllPHT0nI0f l.ndi.9fnous or'9'nf and respect for the natural environment. 
H.., /igdd by the Princ|P|e of parens patriae the school authorities are considered 
the legal protectors of children under their jurisdiction, and school discipline shall be
^'rr^rnner C0nsistent with the child,s human di9nity and in conformity
Sec. 11. Suppletory Effect. - This chapter shall be deemed integrated into and be
rinhf!eftpryh w other P^°^isions of this Act, particularly those that guarantee specific 
ghts to children and define specific roles and require specific conduct of state organs.


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CHAPTER IV
THE RIGHT TO LIFE AND SURVIVAL 
TITLE I
General Principles
i^Tespirtive6^^tLiCrh|ldri.oaS ‘w6 inJler,fnt ri9ht t0 llfe' su,vival' and development 
ofSe^s that nm Sr I1 
thev live'11115 ri9ht includes the f“l™lment
rrde»ronofiife-Thed-~
haretheVfSom hWhS ri9ht t0 be re9iStered immed|3tely after birth and shall
know and te rS S rn name' a nationality' and-aa far as possible, the right to
birth redstratiShIrrbr th®lr„parents and fami|y- should circumstances cause late 
Dirtn registration, the State shall respect and fulfill the child's right to be registered in
anTfbeSt:“ and Shal1 enSUre the prompt -Sn ofthe
gualSrXti“se7“ “ Sha" be eStab'iShed l0Ca"y t0
Whenever applicable, every child has the right to the speedy restoration of their
tSk nTchiirr?6^^17 In matterS relatin9 t0 adoption, child brides, child 
afficking, child in street situations, and other similar circumstances.
I135 th,e rJ^nt0 the highest attainable standard of healthcare and 
Inrif I th! Jreat[nent of lllness and rehabilitation of health regardless of age 
rana 
relatlonsh|Psf gender, sexual orientation, identity, expression. The child's
qhaN hP t0 COn.se"t t0.mPdlcal procedures in accordance with their evolving capacities 
shall be respected and shall be in accordance with the law.
nnnAi5‘>EVer7 chilc! has the ri9ht to an adequate standard of living and equal
Z-arTndenSir0hn thG ea;.liest1 sta9e of life for the child's physical, mental, spiritual, 
moral, and psycho-social development.
Sec. 16. Every child has the right to the highest quality of education.
Sec. 17. Every child shall have the right to rest and leisure, to engage in play and
SSr an“rr0Priate t0 the a9e 0f the Child'and t0 Partidpate freely in
enviro1nmenterY Child Shal1 haVG the ri9ht t0 3 Clean, healthy and sustainable
35 Sec. 19. The State shall:
a.
Ensure that the institutions, services, and facilities responsible for the care or 
protection of children shall conform to the standards established by competent
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mpmhprf ch^N shhal1 Provide intervention and support. Parents and family 
members shall be the primary and preferred carers for their children. 
Institutionalization shall only be used as a last resort and if it is in the best 
mterests of the child. The State shall provide aid to parents to better support 
heir childrens upbringing and well-being through non-violent and positive 
approaches and family strengthening programs;
b’ 
fr0m abuse and violence in state institutions and in all settings,
and by State actors including in schools, care centers, youth or residential
fc^c^5' P0 ICe CUSt0dy and justice institutions, armed groups and State military
C' 
ri9ht 0f the Child t0 preserve their identity, nationality, name, and
fam|y relations as recognized by law without unlawful interference. The State 
hall ensure the implementation of these rights according to national law;
d. Provide appropriate assistance and protection where a child is illegally deprived
0r al1 0,: the e,ements oi7 their identity to ensure the speedy re­
establishment of their identity; 
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e. Ensure that the child shall not be separated from their parents against their 
will, except when competent authorities determine, subject to judicial review 
in accordance with applicable law and procedure, that such separation is 
necessary for the best interests of the child; and
f. Take steps in addressing discrimination under the law against a child born to 
parents who are not married to each other.
TITLE II
Health and Health Care
Sec. 2°. The State shall provide an integrated, chiid-friendly, culturally-sensitive 
healthcare approach to the development of the full range of child health activities 
consi^dering their family and social environment with due regard to the cultural and 
traditional healthcare practices of the ICCs and IPs.
21m t ch*ld“fr;iend|y healthcare approach is a rights-based approach based on 
hiW-specific developmental needs and evolving capacities, ensuring children's 
participation at every level of decision-making, in accordance with their age and 
degree of maturity. 
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See. 22. The State shall endeavor a child-friendly healthcare approach in its health 
services delivery by providing the necessary conditions to ensure that mothers and 
infants receive guality medical and healthcare services.
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Sec. 23. The State shall ensure the following:
a. Access to safe, nutritious, and sufficient food;
b. End all forms of malnutrition, stunting in the first 1,000 days of the child, and 
wasting in children under five years of age;
c. Address the nutritional needs of adolescent girls, pregnant and lactating
women; 
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d’ rhiMUCe ma^errIa, mortality rate/ end preventable deaths of newborns and 
children under five years of age, and reduce neonatal mortality;
e' 
aCCf5 
sexual and reproductive healthcare services including family
planning, information and comprehensive sexuality education, and the 
integration of reproductive health;
t. Universal health coverage including quality essential health care services and 
access to safe, effective, quality, and affordable essential medicines and 
vaccines for all, particularly access to routine immunization and to eradicate 
vaccine preventable diseases;
g. Uphold the right of children to a clean, healthy, and sustainable environment;
h. Universal and equitable access to safe and affordable drinking water for all;
1. Adequate and equitable sanitation and hygiene for all;
j. 
Improvement of water and sanitation management with the inclusion of local 
communities;
k. Protection and promotion of children's mental health and well-being pursuant 
to Republic Act 11036 the Mental Health Act;
l. 
Adoption of programs, plans and policies preventing and reducing non-
communicable diseases and its risk factors particularly tobacco, alcohol and 
Illicit drug use;
m. Integration of road safety education in the curriculum as a public health issue-
and 
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n. Creation of a Task Force Safe Kids on Roads in every province, city, and 
municipality, whenever practicable.
S®f:: 24m Thie State shall take all necessary measures to ensure the full enjoyment by 
ch' dren with disabilities of all rights defined herein on an equal basis with other 
children. Children with disabilities shall also have the right to be given measures of 
protection in keeping with their physical and moral needs, and under conditions which
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ensure their dignity promote their self-reliance and active participation in the 
community such as the right to reasonable and safe accommodation.
fcenC'TheStlt^^ShaN pr0tect sol° parents' child and adolescent mothers/pa rents, 
especially their children, against discrimination and provide for their inclusion in the
^1mVrS?Pmerl.t their comPetence through policies and practices, particularly in 
employment, ^nances, government benefits, and housing, always taking into 
consideration the best interests of the child.
ffeL2t' Ihe Sta,te shal1 Promote exclusive breastfeeding during the first six months 
oml7n'Qn?d c°mP!ementarj'feeding in the next eighteen months in both normal and
torX9r^ m hr»=cS0nH: Sha enact polldes and Practices that promote and remove 
bJeastfeedm9 and lactation in all public and private spaces and institutions 
Where lactating women are found.
Sec. 27. The State shall promulgate a comprehensive newborn screening to identify
tliIOSS£.at lncreased risk for certain genetic and congenital disorders for which early 
Identification treatment may prevent disability and death.
Sec. 28. The State shall enact a child's rights-based approach in the policies and 
programs for the prevention, care, and treatment of HIV and AIDS, ensure
fi?nfiuStlultiyun0n’diSCrirnination and non_stignriatization, and the best interests of 
the child shall be the primary consideration. This includes making access to preventive 
measures, treatment and care readily and easily accessible.
Sec. 29. The State shall integrate measures to address environmental health 
concerns relevant to children into their national plans, policies and strategies relating 
to both health and the environment. Legislative, regulatory and institutional 
frameworks including regulations dealing with the business sector, should effectively 
protect children's environmental health where they live, study, play and work.
Sec. 30. Children should be included in decision-making processes about proposed 
treatment affecting them as well as the effects and outcomes of such treatment. This 
shoulrl be done in a manner consistent with the child's evolving capacities; in case of 
children with disabilities, the information should be translated in formats appropriate 
an accessible to them. When a child can demonstrate their capacity to express an 
informed view on their treatment, this view shall be given due weight.
Sec. 31. Children shall be provided by physicians and health-care facilities clear and 
accessible information on their rights concerning their participation in pediatric 
research and clinical trials. Measures enabling children to contribute their views and 
experiences to the planning and programming of health services affecting them shall 
be put in place. Their views shall be sought on all aspects of health provision, including 
what services are needed, how and where they are best provided, discriminatory 
barriers to accessing services, quality and attitudes of health professionals, and how
to promote their capacities to take increasing levels of responsibility for their own 
health and development.
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CHAPTER V
RIGHT TO PROTECTION 
TITLE I
General Principles
Se^ 32: Ev(ery child shal| have their best interests as a primary consideration in all 
matters involving or affecting them, especially when they need special protection, as 
well as in all measures of prevention.
Sec. as. No child shall be subjected to any form of violence, abuse, and exploitation 
including the use of physical and humiliating punishment. The State shall:
a. Protect children in need of special protection and shall provide intervention and 
support when they become victims of hardship and distress;
b. Take all appropriate legislative, administrative, social and educational measures 
to protect the child from all forms of violence against children, including physical 
and humiliating punishment, online and offline sexual abuse, while in the care 
of parent/s, legal guardian/s or any other person who has the care of the child;
c. Take such protective measures and should, as appropriate, include effective 
procedures for the establishment of child protection systems. All cities and 
districts shall establish a body responsible for delivering protective measures 
consistent with the National Protocol on the Case Management of Cases of Child 
Abuse, Neglect, Exploitation, and Discrimination, which includes procedures to 
provide necessary support for the child and for those who have the care of the 
child, as well as for other forms of prevention and for identification, reporting, 
referral, investigation, treatment and follow-up of instances of child abuse, 
neglect and exploitation or abandonment (or violence) described heretofore 
and, as appropriate for judicial involvement;
d. Protect the child against all other forms of exploitation prejudicial to any aspects 
of the child’s well-being;
e. Take all appropriate measures to promote physical and psychological recovery 
and social reintegration of a child victim of: any form of neglect, exploitation, 
abuse, cruelty or discrimination; torture or any other form of cruel, inhuman or 
degrading treatment or punishment; environmental harm and climate change; 
or armed conflicts. Such recovery and reintegration shall take place in an
environment which fosters the well-being, self-respect and dignity of the child; 
and
f.
Grant children in conflict with the law procedural rights and to facilitate the 
exercise of these rights by ensuring that children are, themselves or through 
other persons or bodies, adequately informed, represented, and allowed to 
meaningfully participate in proceedings affecting them before any judicial or 
administrative authority.
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Sec. 34. The State shall establish community-based child protection centers.
a. It shall develop and support community-based chiid protection centers. 
These centers shail spearhead and oversee local child protection efforts 
and shall be integrated into the Local Council for the Protection of 
Children and the Local Social Welfare and Development Office;
b. It shall allocate funding from the national government to LGUs for 
establishing and maintaining child protection infrastructure. This funding 
should support facility development, personnel training, and resource 
procurement;
c. It shall create standardized guidelines for local child protection programs 
in accordance with the DSWD's "Revised Guidelines Governing the 
Registration and Licensing of Social Welfare and Development Agencies 
and Accreditation of SWD Programs and Services";
d. It shall implement regular capacity-building and training for child 
protection personnel to cover the latest practices, iegal frameworks and 
intervention strategies;
e. It shail enhance coordination among national government agencies, 
NGOs, and community-based groups through local inter-agency task 
forces or committees; and
It shall establish comprehensive monitoring and evaluation mechanisms 
to assess the impact of child protection programs. Identify challenges, 
and facilitate their continuous improvement.
f
Sec. 35. The State, through Local Government Units at the Provincial and City level, 
shall establish Child Advocacy Centers (CACs) to provide a formal, comprehensive, 
integrated, and multi-disciplinary response to the investigation and disposition of cases 
involving crimes where children are victims, with a view of reducing the number of 
times children are questioned and examined in courts or through legal processes, and 
coordinating therapeutic interventions and services for child victims. The CAC shall 
provide, at minimum:
a. a multi-disciplinary team to provide a portfolio of services to child victims. 
Including legal case support, mental health and psycho-social support' 
protection and custody where relevant;
b. a victim advocate that will serve as the primary contact and liaison between 
the child-victim survivor and government agencies, the prosecutor's office, and 
the courts;
c. forensic interviews in a child-centered, trauma-informed setting with the child 
and non-offending family members.
The establishment of the CACs may be funded through grants and donations from 
foreign and local sources, and may also be sourced from the Gender and Development 
(GAD) budget if the child victim is a girl.
When the offense involves online sexual abuse and exploitation of children (OSAEC) 
and distribution of child sexual abuse and exploitation materials (CSAEM), the 
establishment of the CACs shall be In coordination with the National Coordinating 
Center Against OSAEC and CSAEM.
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TITLE II 
Child Labor
Sec. 36. The State shall recognize the right of the child to be protected from economic 
exploitation and from performing any work that is likely to be hazardous, or to interfere 
with the child's education, or to be harmful to the child's health or physical, mental, 
spiritual, moral or social development. To this end, and consistent with R.A. 7658^ 
among others it shall provide special protection to children from all forms of abuse,' 
neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to 
their development including child labor and its worst forms; provide sanctions for their 
commission and carry out a program for prevention and deterrence of and crisis 
intervention in situations of child abuse, exploitation and discrimination.
It shall also upscale the implementation of the Philippine Program Against Child Labor, 
spearheaded by the National Council Against Child Labor by intensifying the social and 
behavioral change campaign against child labor at the national and local levels, 
strengthening and harmonizing structures and mechanisms for the implementation of 
relevant laws, policies, programs and projects, and the generation of data and 
information on child labor; and expanding access to and improving the delivery of 
services to child laborers and their families.
It shall also implement a community-based approach in the prevention and response 
intervention of child labor.
Sec. 37. Local child protection policies should include a localized child protection 
policy case management flowchart to streamline processes and ensure prompt 
responses to child labor and other concerns.
Sec. 38. Children legally allowed to work, and those who are shall be afforded with 
protection to ensure that their rights and welfare are not violated. Children engaged 
in child labor must be provided assistance to remove them from this situation and be 
reintegrated into their families and communities.
They must likewise be provided with the opportunity to voice out their perspectives 
within child-sensitive settings, in order to understand their views surrounding their 
circumstances and in determining their best interests.
Sec. 39. Children should be included in the search for a solution, which respects the 
economic and socio-structural constraints as well as the cultural context under which 
these children work. They should be heard when policies, programs, and interventions 
are being developed to eliminate the root causes of child labor, in particular with 
respect to education.
Sec. 40. Children in the labor force have the right to meaningfully participate in the 
drafting of labor laws and policies concerning them to ensure that their best interests 
and unique disposition are considered.
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TITLE III
Children and Drugs
Sec. 41. The State shall:
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a. Take all appropriate measures, including legislative, administrative, social and 
educational measures, to protect children from the illicit use of narcotic drugs 
and psychotropic substances including other addictive substances such as 
tobacco, vape, and alcohol products as defined in the reievant international 
treaties, and to prevent the use of children in the illicit production and 
trafficking of such substances;
b. Take a public health approach in any intervention on iliicit drugs;
c. Protect children actually or alleged as being involved in drug use and 
distribution from being included in the Drug Watch List and subjected to all 
forms of torture, cruel and degrading treatment and punishment, coercion, 
rorced admission/confession, arbitrary detention or used as "assets" in 
intelligence or operations;
d. Devdop age-appropriate, child-sensitive and responsive intervention, 
rehabilitation, and reintegration programs for children who are drug users or 
dependents;
e. Develop a program to meet the needs of children left behind or orphaned 
because of the anti-illegal drug campaign; and
f. 
Mandate LGUs to form Child Protection Technical Working groups in Anti-Drug 
Abuse Councils (ADACs) to coordinate and cooperate with Local Councils for 
the Protection of Children (LCPCs), which shali oversee the implementation of 
anti-drug abuse programs.
TITLE IV
Sexual Abuse and Exploitation of Children
Sec. 42. The State shall undertake to protect the child from all forms of sexual 
abuse and sexual exploitation, whether physical or online. For these purposes, in
particular, take all appropriate national, bilateral, and multilateral measures to 
prevent:
a. The inducement or coercion of a chiid to engage in any unlawful sexual 
activity;
b. The expioitative use of chiidren in prostitution or other uniawfui sexuai 
practices;
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c. The exploitative use of children in the development and production of child
sexual abuse or exploitation material, or child sexual abuse performances- 
and 
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d. All other forms of online sexual abuse and exploitation of children.
Sec. 43. The State shall take all appropriate national, bilateral and multilateral 
measures to prevent the abduction of, the sale of, or traffic in children for any 
purpose or in any form.
M cfieffoinnvolving online sexual abuse or exploitation of children under Republic Act 
No. where there is an extraterritorial element, the requirement of personal 
knowledge is deemed complied with when the Philippine law enforcement agent has 
psessed and vetted information officially submitted or referred to it by the foreign 
law enforcement entity who confirms the credibility and veracity of the same.
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TITLE V
Children Affected by Armed Conflict
15 Sec. 44. The State shall:
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a.
b.
c.
d.
Recognize children as zones of peace pursuant to Republic Act 11188 or the 
Special Protection of Children in Situations of Armed Conflict Act, and RA 7160 
or the Special Protection of Children Against Abuse, Exploitation, and 
Discrimination Act;
Undertake to respect and to ensure respect for rules of international
humanitarian law applicable to them in armed conflicts which are relevant to 
the child;
Take all necessary measures to ensure that persons who have not reached 
the age of eighteen (18) years do not take a direct part in hostilities;
Ensure that persons who have not reached the age of eighteen (18) years 
are not compulsorily nor voluntarily recruited into the armed forces or any 
armed group;
Protect the civilian population in armed conflicts in accordance with its 
obligations under international humanitarian law, and shall take all feasible 
measures to ensure the protection and care of children who are affected by 
an armed conflict;
Lodge safeguards to ensure the security and safety of children in times of 
conflict, and to provide means of adequate psycho-social support during and 
post-conflict, as well;
g. Prioritize the rescue of the child involved in armed conflict, and their return, 
rehabilitation and reintegration to their family and community; and
h. Ensure that schools, day care facilities, child caring facilities, and educational 
institutions shall not be used for any purpose in relation to armed conflict.
Sec. 45. Armed forces and armed groups should not, under any circumstances, recruit 
or use in hostilities persons under the age of eighteen (18) years. The State shall take
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all feasible measures to prevent such recruitment and use, including the adoption of 
legal measures necessary to prohibit and criminalize such practices. The application 
of the present section shall not affect the legal status of any party to an armed conflict.
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TITLE VI
Children Affected by Displacement 
Sec. 46. The State shall ensure that:
a. In instances where displacement becomes inevitable, authorities, pursuant to 
their respective mandates and functions, prioritize the provision of adequate 
accommodation in conditions that ensure safety, nutrition, water and 
sanitation, as well as health and hygiene for children affected by displacement 
to the highest extent possible;
b. Children affected by displacement, especially those who are unaccompanied, 
shall be entitled to protection and assistance tailored to their needs, with due 
consideration given to their unique circumstances;
c. Children affected by displacement, regardless of whether they are located 
within or outside evacuation centers, shall have secure access to humanitarian 
support, including mother-and-child-sensitive and disability-inclusive facilities 
such as sanitary breastfeeding stations, temporary educational facilities, and 
places of worship, among others;
d. Measures shall be taken to protect children affected by displacement from all 
forms of violence, exploitation, trafficking, forced labor, slavery and 
contemporary forms of slavery, including sale into marriage, and other 
violations against children's rights;
e. Immediate efforts shall be made to reunite children separated from their 
families due to displacement, with appropriate measures taken to expedite the 
process;
f. Education for children affected by displacement shall be both free and 
compulsory for early and basic education. Special efforts shall be made to 
facilitate the full and equal participation of all children. Including those with 
disabilities, in educational programs, while respecting their cultural Identity, 
language, and religion. Educational and training facilities shall be made 
available to them whether or not they are living in evacuation facilities, 
encampments, or other settlements, as soon as circumstances permit; and
g. Children affected by displacement have the right to actively engage in the 
planning and management of their displacement situations, as well as decisions 
regarding return, local integration, or resettlement elsewhere. Their voices and 
perspectives shall be incorporated into decision-making processes concerning 
their well-being and future.
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TITLE VII
Children in Conflict with the Law 
Sec. 47. The State shall ensure that;
a. No child shall be subjected to torture or other cruel, inhuman or degrading 
treatment or punishment. Neither capital punishment nor iife imprisonment 
without possibility of release shall be imposed for offenses committed by 
persons below eighteen (18) years of age;
b. No child shall be deprived of their liberty unlawfully or arbitrarily. The arrest 
detent'on or imprisonment of a child shall be in conformity with the law and
Shall be used only as a measure of last resort and for the shortest appropriate 
period of time; 
H
G. Every child deprived of liberty shall be treated with humanity and respect for 
the inherent dignity of the human person, and in a manner which takes into 
account the needs of persons of their age. In particular, every child deprived 
of liberty shall be separated from adults unless it is considered in the child's 
best interest not to do so, and shall have the right to maintain contact with
their famiiy through correspondence and visits, except under extraordinary 
circumstances; 
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d. Eveiy child deprived of their liberty shall have the right to prompt access to 
ega and other appropriate assistance, as well as the right to challenge the 
legality of the deprivation of their liberty before a court or other competent
independent and impartial authority, and to a prompt decision on any such 
action; 
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e. Recognize the right of every child alleged as, accused of, or recognized as 
having infringed the penal law to be treated in a manner consistent with the 
promotion of the child's sense of dignity and worth. This reinforces the child's 
respect for the human rights and fundamental freedoms of others, and which 
takes into account the child's age, and the desire to promote reintegration 
based on the assumption of the child's constructive role in society;
f. In consideration to the relevant provisions of international instruments, the 
State shall, in particular, ensure that:
1.
No child shall be alleged as, be accused of, or recognized as having 
infringed the penal law by reason of acts or omissions that were not 
prohibited by national or international law at the time they were 
committed;
2. Every child alleged as or accused of having infringed the penal law has, 
at least the following guarantees: 
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i. To be presumed innocent until proven guilty according to law;
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IV.
V.
VI.
vii.
To be informed promptly and directly of the charges against 
them, and, if appropriate, through their parents or legal 
guardians, and to have legal or other appropriate assistance in 
the preparation and presentation of their defense;
To have the matter determined without delay by a competent. 
Independent and impartial authority or judicial body in a fair 
hearing according to law, in the presence of legal or other 
appropriate assistance and, unless it is considered not to be in 
the best interest of the child, in particular, taking into account 
their age or situation, their parents or legal guardians;
Not to be compelled to give testimony or to confess guilt; to 
examine or have examined adverse witnesses and to obtain the 
participation and examination of witnesses on their behalf 
under conditions of equality;
If considered to have infringed the penal law, to have this 
decision and any measures imposed in consequence thereof 
reviewed by a higher competent, independent and impartial 
authority or judicial body according to law;
To have the free assistance of a translator if the child cannot 
understand or speak the language used in judicial and 
administrative proceedings; and
To have their privacy fully respected at all stages of the 
proceedings.
g-
Provide a variety of dispositions, such as care, guidance and supervision orders; 
counsenng; probation; foster care; education and vocational training programs 
and other alternatives to institutional care to ensure that children are dealt with 
in a manner appropriate to their well-being and proportionate both to their 
circumstances and the offense; and
h’ En1lU,i.tthIat a restorative justice approach is adopted when Children in Conflict 
Wlu u r LaW ^CICL? enter the criminal justice system. It shall prioritize the 
rehabilitation and reintegration of CICLs, focusing on repairing harm, fostering 
accountability, and involving the affected community in the process. Its 
implementation shall be guided by principles that uphold the child's dignity,
rights, and best interest, promoting their development Into responsible 
members of society.
TITLE VIII
Children of Indigenous Cultural Communities and Indigenous Peoples
Sec. 48. Every child belonging to ICCs/IPs or of indigenous origin shall have the right, 
in community with other members of their group, to enjoy their own culture, to profess
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9 r^nrPraC!iiC*e T" religion' or to USQ their °wn language. The right established is 
2 conceived to be both individual and collective. 
tibLdonsnea is
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Every child belonging to ICCS/IPs shall have the right to cultural integrity. They shall 
rraH-f-fU rec(?gnitl0n of their culture, profess and practice their religion customs
B b,E; S “."‘iSZ."”'
-■ £ sr SErnSsrESsr ar.3 tnsjt
Ksha^rextend to thPtmefhr0teCt'0n' and privile9es enj°Ved by the rest of the citizenry.
develooS rtohR Sre oppol;tunities' basic se^ices, educational and othX 
deveiopment, nghts and pnvrieges avaiiabie to every chiid member of society.
n^‘,r!I);I|1^,BStaterfShaJl talle a"appropriate measures to eiiminate barmfui sociai and
the cwid a?r^?n 
?9 th,e,wpl|-bein9- disnity, normal growth and development of
Tr Wehof the cMd9 and 
h0S! CUSt°mS and practices Prejudicial to the health
°h ' „ of tde cblld' and (h) those customs and practices discriminatory to the child on 
the grounds of sex or other status.
d^einnmnJrh= ?ate .shal' support al1 government programs intended for the
neceSa^Tor the real:ln9.of Ip children. It shall establish mechanisms as may be 
necessary for the protection of the rights of indigenous children, and ensure that 
they Will also reach their full potentials accorded to every child in sociSy
TITLE IX
Children In Street Situations
23 Sec. 52. The State shall:
a. Ensure that children in street situations (CISS) are safe to move in the streets 
without fear of repressive efforts to prevent begging, loitering, vagrancy 
running away or survival behavior such as criminalization of status offenses' 
street sweeps or "roundups" "rescue" or "reach out", and targeted violence,' 
harassment, and extortion. It shall ensure that the Protocol to Reach Out to 
Children in Street Situations is followed;
b. Ensure that CISS have access to public areas, spaces and facilities that cater to 
he diverse needs and capacities of children in street situation, including areas 
or economic activities of children and their families, learning, recreation, social 
interaction, and essential services; and
c. Ensure that safeguarding policies are adopted and implemented for the 
prevention and response to exploitation, abuse, harm, and violence that 
permeates the lives of children in street situations.
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Sec. 53. The State shall:
a. Adopt holistic and long-term strategies and make the necessary budget 
allocations for children in street situations;
b. Assess laws and policies that can be improved to reflect the recommendations 
of the present general comment;
c. Develop strategies to address multiple causes, ranging from structural 
inequalities to family violence;
d. Introduce or review an act on child protection or children based on a child rights 
approach and that specifically addresses children in street situations;
e. Enhance systems to provide a continuum of care across all relevant contexts, 
including prevention, early intervention, street outreach, helplines, drop-in 
centers, child development centers, temporary residential care, family 
reunification, foster care, independent living or other short- or long-term care 
options;
f. Invest in good quality initial and in-service basic training on child rights, child 
protection and the local context of children in street situations for all 
professionals who may come into direct or indirect contact with children in 
street situations, in such areas as policymaking, law enforcement, justice, 
education, health, social work and psychology;
g. Support local-level, partnership-based, specialized interventions on the basis of 
a child rights approach, small and flexible, with adequate budgets, often led by 
civil society organizations with local expertise;
h. Ensure access of children in street situations who have been victims or are 
survivors of human rights violations have the right to effective legal and other 
remedies, including legal representation;
i. 
Develop systematic, rights-respecting, participatory mechanisms to collect data 
and share disaggregated information about children in street situations; and
j. 
Guarantee the participation of children in setting the aims and agendas of 
research and in gathering information, analyzing and disseminating research to 
inform policy making, and designing specialized interventions.
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TITLE X
Emergencies and Calamities
Sec. 54. The State shall secure a response and inclusive evacuation plan that will
continuously cater to the development of the children in such a state of emergency 
and after. 
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SeC| Ki5' The State shal1 ensure the emergency plans and protocols are also made 
available in child-friendly versions for children to make informed views and decisions 
concerning their safety, and to make them accessible in different communication 
formats for children with disabilities.
Sec. 56. The State shall ensure the safety and welfare of the child, and guarantee 
their protection against abuse and all forms of trafficking.
Sec. 57. The State shall ensure that child-friendly spaces are set up when children
and their families are in temporary living arrangements due to emergencies and 
calamities.
Sec. 58. The State shall ensure that the child's right to be heard and to express their 
views freely concerning their best interest shall not be compromised and continue to
be given due weight even in emergency situations - either natural or human-induced 
disasters.
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TITLE XI
CHILDREN SEEKING REFUGEE STATUS
Sec. 59. The State shall take appropriate measures to ensure that a child who is 
seeking refugee status or who is recognized as a refugee in accordance with applicable 
international or domestic law and procedures shall, whether unaccompanied or 
accompanied by their parents or by any other person, receive appropriate protection 
and humanitarian assistance in the enjoyment of applicable rights set forth in the 
Convention on the Rights of the Child and in other international human rights or 
humanitarian instruments to which the State is party to.
Sec. 60. The State shall ensure that the child asylum-seeker shall be protected from 
all forms of violence including human trafficking and other forms of abuse and 
exploitation.
Sec. 61. The State shall guarantee that the asylum process shall remain child-friendly 
and child-sensitive by ensuring the non-detention of the child applicant, among others.
Sec. 62. The State shall provide, as it considers appropriate, cooperation in any efforts 
by the United Nations and other competent intergovernmental organizations or non­
governmental organizations cooperating with the United Nations to protect and assist 
such a child and to trace the parents or other members of the family of any refugee 
child in order to obtain information necessary for reunification with their family. In 
cases where no parents or other members of the family can be found, the child shall 
be accorded the same protection as any other child permanently or temporarily 
deprived of his or her family environment for any reason, as set forth in the 
Convention.
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TITLE XII 
Identity
Sec. 63. Every child has a right to an identity including a name, nationality and family 
relations.
Sec. 64. The State has an obligation that the best interest of the child shall be the 
paramount consideration in any modification to the child's identity.
The State shal1 ensure that ful1 records are kept of any modification to the 
child s identity and that they are accessible in perpetuity.
Sec. 66. The State has a responsibility in the speedy restoration of the child's 
incomplete and falsified identity in matters relating to adoption, child marriages, child 
soldiers, child trafficking, child in street situations, and in other situations.
Sec. 67. The State shall ensure that the best interests of the child and their right to 
identity have been met in cases of inter-country adoption.
Sec. 68. The State shall take positive steps in addressing discrimination under the 
law against a child born to parents who are not married to each other.
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CHAPTER VI
THE RIGHT TO DEVELOPMENT 
TITLE I
General Principles
Sec. 69. Every child has the right to quality and inclusive education on the basis of 
equal opportunity and content that reflects the inherent right and dignity of the child. 
It shall be child-centered, child-friendly, disability-inclusive, and empowering. 
Recognizing that children are active participants in their development, it shall comprise 
a wide range of life experiences and learning experiences to develop their 
personalities, talents, and abilities to live a full and satisfying life within the social order 
that goes past formal schooling.
27 Sec. 70. The State shall:
a. Empower the child by developing their skills, learning and other capacities, 
human dignity, self-esteem, self-confidence, and resilience;
b. Establish, maintain, and support a complete, adequate, and integrated system 
of education relevant to the needs of the people and society;
c. Establish and maintain a system of free early childhood care and development, 
and elementary and high school levels. Without limiting the natural right of
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parents to rear their children, elementary and high school education are 
compulsory for all children of school age;
d. Establish and maintain a system of scholarship grants, student loan programs, 
subsidies, and other incentives which shall be available to deserving students 
in both public and private schools, especially to the underprivileged;
e. Take measures to encourage regular attendance at schools and the reduction 
of drop-out rates and ensure that school discipline is administered in a manner 
consistent with the child's human dignity and in conformity with the 
Convention;
f. 
Build a safe, healthy, and resilient learning infrastructure and environment, and 
provide for mental health support to learners;
g. Promote and encourage international cooperation with a view to contributing 
the elimination of ignorance and illiteracy, and facilitating access to scientific 
and technical knowledge and modern teaching methods;
h. Encourage non-formal, informal, and indigenous learning systems, as well as 
self-learning, independent, and out-of-school study programs and provide the 
child life skills to strengthen the child's capacity to enjoy the full range of human 
rights;
i. 
Promote a culture infused by appropriate human rights values through a 
balanced approach that reconciles diverse values through dialogue and respect 
for differences in values to overcome the boundaries of religion, nationality and 
culture, differences in abilities, and neurodiversity;
j. 
Respect and promote the right of the child to participate fully in cultural and 
artistic life, and shall encourage the provision of appropriate and equal 
opportunities for cultural, artistic, recreational, and leisure activities; and
k.
Ensure that a child who is subjected to school or parental discipline shall be 
treated with humanity and with respect for the inherent dignity of the child and 
in conformity with the Convention and this Magna Carta.
Sec. 71. Education of the child shall be directed to the development of respect for 
human rights and fundamental freedoms and for the principles enshrined in the 
Charter of the United Nations, the Department of Education shall include human rights 
education in its curriculum at all grade levels.
Sec. 72. The curriculum shall cover the UN Convention on the Rights of the Child and 
its Optional Protocols, as well as other international human rights instruments that the 
Philippines may have or have not yet ratified.
Sec. 73. Human rights education shall also be integrated in the alternative learning 
system for children.
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I Sec. 74. Teachers and child development workers shall be provided with pre-service 
and continuous in-service Teacher Education Programs to develop knowledge and 
3 skills to teach human rights education.
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75m ?juclatl0n authorities shall take all appropriate measures to ensure that 
children who become pregnant before completing their education shall have an 
opportunity to continue with their education on the basis of their individual ability.
CHAPTER VII
THE RIGHT TO PARTICIPATE 
TITLE I
General Principles
Sec. 7e. Evei7 child is a rights-holder and has a right to meaningfully participate 
according to their evolving capacities, to express their views, to have them heard and 
given due weight in accordance with their age and maturity. Child participation should 
be meaningful and ethical, transparent, informative, child-friendly, relevant, safe and
trai'ning6 t0 r'S*<S, anC^ a<^u*ts engaging with children are supported by appropriate
Sec. 77. The State shall provide children a supportive and enabling environment to 
carry out their own initiatives to fully participate at national and local levels in the 
conceptualization, design, implementation, coordination, monitoring, and review of 
policies and programs that affect them.
Sec. 78. The State shall recognize the right of the child to freely and safely participate 
in all matters_concerning their best interest by ensuring the availability of platforms
and capacity-building mechanisms, and the establishment of a safe and enabling 
environment.
Sec. 79. Children with disabilities shall be provided with reasonable accommodation.
ey shall be equipped with, and enabled to use, any mode of communication, 
including sign language, Braille, Easy Read, or other alternative and augmentative 
modes of communication necessary to facilitate the expression of their views.
Sec. 80. Efforts must also be made to recognize the right to expression of views for 
minority, indigenous and migrant children and other children who do not speak the 
majority language.
Sec. 81. Non-verbal forms of communication including play, body language, facial 
expressions, and drawing and painting, through which very young children
demonstrate understanding, choices and preferences, should be recognized and 
respected.
Sec. 82. Children s participation in safe and wholesome recreational and cultural 
activities shall be ensured by providing the means and infrastructure necessary for all
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children, regardless of ethnicity, age, gender, physical and mental states, social class,
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and geographical location.
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Sec. 83. Institutional support and capacity development must be provided to service 
providers/professionals working with children on how to ensure the implementation of 
cmld participation principles and strategies consistent with the National Framework on 
Child and Youth Participation as well as the Guidebook on Child Participation.
Sec. 84. Children shall be given the opportunity to be heard directly, or through a 
representative or an appropriate body, in a judicial or administrative proceeding. A 
Child-appropriate and accessible environment shall be provided wherein procedures 
are employed to protect the best interests of the child. Children also have the right to 
rernain silent and no adverse inference should be drawn when they elect not to make 
statements. Children should be completely aware of the processes involved and the 
stages they will have to go through.
For children in conflict with the law, the State shall consider the developmental age of 
the child and the desirability of the child's reintegration in the assumption of a 
constructive role in society in accordance with the principles of balanced and 
restorative justice.
Sec. 85. In cases affecting family relations or where the child is an interested party, 
the child shall be given the opportunity to express their views. These views shall be 
considered in the decision-making process of the court.
The right to be heard, in this case, applies both to proceedings which are initiated by 
the child, such as complaints against ill-treatment and appeals against school
exclusion, as well as to those initiated by others such as parental separation or 
adoption.
Sec. 86. The Rules on Examination of a Child Witness shall be applied to 
accommodate the right to be heard of the child victim or witness. Procedural rules 
under RA 9344 or Juvenile Justice Welfare Act, as amended, shall also be strictly 
adhered to in dealing with a child in conflict with the law, taking into account their 
distinct circumstances, while assuring all parties of a fair hearing with each party's 
constitutional and statutory rights recognized and respected. Appropriate disposition 
measures shall be implemented by law enforcers, social services and the court.
Sec., 87. The child shall be heard with regard to all matters affecting them such as 
education, health, environment, living conditions, or protection.
Sec. 88. Safe spaces shall be created in 
needs, wishes, or concerns, particularly as 
best interests and how such interests can 
surrounding the child shall be likewise taken 
primary involvement in any decision or plan 
given the opportunity to communicate their 
relevant information tailored in a language
order to allow the child to express their 
regards to what should be deemed their 
be protected. The special circumstances 
into account and that he or she shali have 
concerning their future. The chiid shali be 
experiences and shall be provided with ail 
understood by them.
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Sec. 89. No resections shall be placed that curtail the children's freedom of 
expression, except in the interest of national security, public safety, or public health, 
as may be provided by law. The restriction should not undermine or jeopardize the 
essence of the right; they should not be arbitrary or unreasonable; and they should 
be proportionate and kept under review.
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Sec. 90. Children shall be protected from harm, such as bullying, arising from the
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expression of their views.
Sec. 91. Government agencies, LGUs, civil society organizations and the private sector 
must provide sufficient time, skills and child-friendly information for children to provide 
their inputs and recommendations.
Sec. 92. Government agencies, LGUs, civil society organizations and the private sector 
must ensure that children with disabilities, children from ICCs/IPs, and other children 
in vulnerable sectors are consulted.
TITLE II
Family and Alternative Care
Sec. 93. Evidence-based positive parenting programs for young children and 
adolescents shall be provided to strengthen parent-child relationships, promote 
positive parenting practices and sustain nurturing relationships between parents or 
caregivers and their children and thereby preventing and reducing the risk of violence 
against children and child maltreatment at home and in the community.
Sec. 94. Positive parenting programs and interventions shall be designed to promote 
young people s mental health and their active participation must be elicited to promote 
a child-friendly environment to support and sustain parent/parent-substitute/s 
relationships at home and in temporary child-care facilities and foster homes. This
shall be guided by the National Parenting Framework that will be developed by the 
DSWD.
Sec. 95. The DSWD, LGUs and other government agencies and civil society 
organizations, guided by the National Parenting Framework, shall promote and 
support age appropriate interventions and active consultations with children in the 
design and implementation of positive parenting interventions and practices towards 
building positive parent-child relationships and in the promotion of alternatives to 
violent discipline to contribute to the prevention and management of disruptive child 
behaviors, and the reduction of parental stress and depression in all home settings 
and residential care facilities, and the facilitation of family reunification and 
reintegration. Local Social Welfare and Development offices shall be guided by 
evidence-based parenting programs.
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Sec. 96. Children in residential facilities and children with disabilities shall be included 
in the formulation of policies and monitoring and evaluation of programs, services and 
activities to ensure that these are responsive to their needs.
Sec. 97. The Department of Education and the Early Childhood Care and Development 
Council, in partnership with the Local School Board, LCDs, and the Barangay Council 
for the Protection of Children, guided by DepEd's Child Protection Policy shall promote 
and sustain age-appropriate interventions and active consultations with children in 
designing and implementing positive parenting interventions and practices towards 
building positive teacher-parent-child relationships. This will promote alternatives to 
violent discipline that aims to contribute to the prevention and management of 
disruptive child behaviors, the increase in school performance and achievement, the 
prevention of school drop-outs and the reduction of pa rent-teacher stress and 
depression in the context of blended education setting.
TITLE III
Education and School
Sec. 98. Children, whether in schools or out of school, and regardless of ethnic or 
social origin, color, sex, language, religion, political or other opinions, national, 
property, disability, birth, or status, shall be given the space and reasonable 
accommodation to freely express their views on matters affecting the fulfillment of 
their right to education. These views shall be given due weight in the decision-making 
processes.
Sec. 99. The children may be consulted or provide their inputs individually or through 
their selected representatives in the student governing bodies.
24 Sec. 100. The Department of Education shall:
a.
b.
c.
d.
Ensure that each school will have a student governing body, the Supreme 
Learner Government or its equivalent for elementary, and the Supreme 
Secondary Learner Government or its equivalent for junior high school and 
senior high school. The elections for the student governing body shall embody 
the ideals, principles and practice of participatory democracy and citizenship;
Provide a platform for children to provide inputs to the development of the 
school curriculum and the school's structure of the day and activities and shall 
provide support to all schools in gathering inputs from children;
Provide a platform for children to review, evaluate, and suggest 
improvements to school policies and programs as well as the school's physical 
environment; and
Provide support to all schools in gathering inputs of children.
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Sec. 101. No restrictions shall be placed in schools that will curtail the children's 
freedom of association and freedom of peaceful assembly, except in the interest of 
national security, public safety, or public health, as may be provided by law.
Sec. 102. The views of children regarding the school curriculum, school policies, and 
other school matters shall be respected and given due weight. Children subjected to 
any form of violence as a result of expressing an opinion shall be protected under the 
Department of Education's Child Protection Policy.
Sec. 103. The children's expression of views may include, but not limited to, spoken, 
written and sign language and such non-verbal expressions as images and objects of 
art. Children s means of expression may include, but not limited to, newspapers,
pamphlets, posters, banners, digital and audiovisual media, as well as dress and 
personal style.
Sec. 104. All educational institutions shall establish a Learner Rights and Protection 
Committee, a child-friendly and accessible complaint mechanism that shall, among 
others, develop and implement a school-based referral system.
TITLE IV
Play, Recreation, Sports, and Cultural Activities
Sec. 105. The Department of the Interior and Local Government and the LCDs shall 
provide a platform for children in the development planning cycle. Children shall be 
given the space to freely express their views on matters affecting the fulfillment of 
their right to play, recreation, sports, and cultural activities. These views shall be given 
due weight in the decision-making processes.
Sec. 106. LCDs and government agencies such as, but not limited to, the Department 
of the Interior and Local Government, Department of Education, Department of 
Environment and Natural Resources, Department of Public Works and Highways, 
Department of Transportation and Communications, Department of Tourism, 
Department of Trade and Industry shall mainstream a child rights approach and 
meaningful child participation in their planning, implementation, and evaluation of 
urban and rural development proposals/projects, and housing and development 
programs; the development and maintenance of educational environments, such as 
public libraries; and the development and maintenance of public parks including
freedom parks, playgrounds, and sports facilities and equipment, and other similar 
facilities.
Sec. 107. The State shall encourage and promote, as far as practicable the 
participation to the fullest extent possible of children with disabilities in mainstream 
activities at all levels. It shall also ensure that children with disabilities have an 
opportunity to organize, develop, and participate in disability-specific sporting and 
recreational activities.
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Sec. 108. Children shall be consulted about the accessibility and appropriateness of 
urban and rural development proposals/projects, including housing and development 
programs as well as their impact on children's access to nature, exposure to unsafe 
and hazardous environments, and conservation of their culture.
See. 109. Children shall enjoy their freedom of expression, freedom of association, 
and freedom of peaceful assembly in voicing out their dissent against urban and rural 
development proposals/projects that they deem to curtail the enjoyment of their right 
to play, recreation, sports, and cultural activities without fear of reprisal.
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TITLE V 
Media
Sec. 110. Children shall be given the safe space to freely express their views on 
rnatters affecting the fulfillment of their rights in traditional and social media. These 
views shall be given due weight in the decision-making processes.
Sec. 111. Children shall have access to information and material from a diversity of 
national and international sources, especially those aimed at the promotion of their 
social, spiritual, and moral well-being and physical and mental health.
Sec. 112. Children should have access to information conveyed in a culturally-
sensitive manner and in a language that they understand, including sign language and 
Braille.
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Sec. 113. Children shall be consulted by traditional media companies in the 
development of programs, programming, or publications aimed at children, subject to 
the principles of child participation.
Sec. 114. Children shall be consulted by social media companies, internet service 
providers, and mobile game developers in the development of policies, subject to the 
principles of child participation.
Sec. 115. Children have the freedom to seek, receive and impart information and 
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form 
of art, or through any other media of the child's choice.
Sec. 116. Children shall be made aware of how and where to file complaints should 
their freedom of expression using traditional and social media is violated.
Sec. 117. Children shall have an absolute right to privacy and confidentiality. The 
highest ethical and professional standards in reporting and covering cases of children 
must be observed such that in all publicity concerning children, the best interests of 
the child shall be the primary concern.
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TITLE VI
Situations of Violence 
Sec. 118. The State shall ensure that:
a. All children regardless of gender, ethnicity, religion, educational background, 
disability, or nationality, most especially the marginalized and disadvantaged, 
are included in consultations and enabled to genuinely participate in drafting
laws and policies, implementation plans, and evaluation concerning violence 
against children;
b. Children should be fully informed of any policies, laws, or programs designed 
to protect them from any form of violence in all settings;
c. All efforts must be taken to ensure that children are not excluded from 
consultations concerning the creation of legislations and formulation of policies 
aimed towards their protection;
d. Support be given to child-led initiatives made to address and combat violence 
against children;
e. Child-led organizations must be included in the establishment and evaluation 
of anti-violence programs to ensure that children play a key role in the 
advancement of their own protection;
f.
All children are aware of and understand their right to be protected from all 
forms of violence;
Provide effective and child-friendly mechanisms that allow children in situations 
of violence to reach out and be heard, and enable them to report instances of 
violence committed against them including receiving feedback on the reports 
made by them;
Adopt cross-sectoral measures to address the drivers of violence against 
children linked to environmental degradation; and
Ensure that vulnerable children including children with disabilities shall be 
provided with reasonable accommodation and support for their protection and 
rehabilitation.
TITLE VII 
Child Participation
Sec. 119. The State shall ensure that meaningful children's participation, as set forth 
in the UNCRC General Comment 12 on the right of children to be heard, is recognized 
and enabled in national and international platforms by establishing appropriate
structures in the government and through bilateral and multilateral international 
cooperation.
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Sec. 120. The State shall establish and maintain iinkages with internationai chiid and 
child-serving organizations, institutions, and counterpart agencies of foreign
governments to ensure the participation of Fiiipino chiidren in international functions 
and affairs.
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TITLE VIII 
Governance
Sec. 121. The State shali:
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C.
Ensure that the views of chiidren on laws, policies, judiciai and administrative 
procedures, and other matters concerning their best interest and the 
implementation thereof, are given due weight by explaining in a child-friendiy 
manner how such views were considered and applied, and the resulting 
outcomes;
Prornote child-friendly local governance by encouraging local government units 
to prioritize children's concerns in planning, budgeting, legislation, and delivery 
of services;
Mandate local government units to identify priority areas to improve the 
situation of children based on a child-friendly local governance audit;
Mandate all national agencies and local government units to tag child-focused 
investment programs, budget proposals, appropriations, allotments, 
obligations, and disbursements to make funds allocated for children visible 
and useable in crafting national and local development plans and investment 
programs for children. This should also be made in child-friendly versions to 
inform and engage children on the budget processes of programs affecting their 
well-being;
Make available to the public through various media the child-sensitive and 
disability-inclusive version of investment programs, appropriations, allotments, 
obligations, and actual disbursements; and
Provide means of consultation regarding the needs of the children that must be 
taken in utmost consideration in appropriations.
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TITLE IX
Ombudsman for Children
Sec. 122. Consistent with its constitutional mandate and functions, the CHR is hereby 
designated as the Ombudsman for Children (Child Ombud). In general, as the Child 
Ombud, the CHR shall:
a. Advocate for the promotion and protection of children's rights;
b. Strengthen its Child Rights Education Program in coordination with the 
Department of Education;
c. Investigate violations including those committed by private institutions or by 
private individuals;
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d. Monitor the government's compliance with its treaty obligations particularly the 
UNCRC;
e. Recommend appropriate measures to Congress and the concerned 
departments of the government for its prompt and immediate action on matters 
affecting children; and
f. 
Establish effective reporting and feedback mechanisms.
Sec. 123. In order to protect and promote children's rights, the CHR as Ombud for 
Children shall have the following functions:
a. Endeavor to represent the rights and interests of children in view of the 
Philippine s commitments under the UNCRC through submission of independent 
reports to the Committee on Rights of the Child;
b. Monitor and assess the implementation of children's rights in the Philippines, 
particularly the domestic implementation of the UNCRC. It shall undertake to 
regularly prepare and submit an independent report to the State's report on 
the status of children's rights in the Philippines to the UN Committee on the 
Rights of the Child;
c. Monitor with the Philippine Commission on Children (PCCh) and other 
concerned agencies, compliance with the Act. In developing indicators and 
issuance of guidelines for its implementation by concerned agencies, CHR shall 
ensure that the human rights of children, specifically their right to survival, 
development, protection and participation are promoted and guaranteed. As 
such, the best interest of the child is the primordial consideration at all times;
d. Establish avenues, processes, guidelines and mechanisms that will facilitate 
access of children to legal remedies under the Act and other related laws, and 
enhance the protection and promotion of the rights of children, especially the 
vulnerable and marginalized;
e. Assist in the filing of cases against individuals, agencies, institutions, 
organizations or establishments that violate the provisions of this Act. For this 
purpose, the CHR shall:
1. Provide legal assistance such as preparation of necessary pleadings, 
referral letters, and counseling;
2. Enter into Memorandums of Agreement with Bar Associations, NGOs, 
law firms, civil society organizations and academic institutions providing 
legal aid to ensure adequate and competent legal representation for 
complainants;
3. Accredit lawyers who will accept pro bono cases under this Act; and
4. Create an efficient system of case referrals to appropriate government 
departments or agencies.
Victims of violations of the Magna Carta of Children shall be considered victims of 
human rights violations, and shall be entitled to other forms of assistance available in 
the CHR;
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f. Submit to Congress, while furnishing a copy to the Philippine Commission on 
Children annually an assessment report on the implementation of the Magna 
Carta. It shall also submit its recommendations, which shall include the filing of 
any possible administrative or criminal action. Acting on the CHR's 
recommendations, the Office of the President, the Civil Service Commission, or 
other concerned agencies may issue any of the following:
i. Administrative and/or Executive Orders
ii. Memorandum Circulars
iii. Proclamations 
Resolutions, and 
Other advisories or issuances;
iv.
V.
g. Advise and propose to the Government the adoption or amendment of laws,
programs, policies or measures that promote the rights and interests of 
children;
h. Ensure child participation in all its programs and undertakings where 
appropriate. It shall establish programs that will increase the knowledge of 
children of their rights. It shall, likewise, promulgate rules that will facilitate 
regular consultations with children on issues concerning the realization of 
children's rights;
i. 
Undertake, promote or publish research and conduct advocacy activity on 
matters relating to the rights and welfare of children; and
j. Work in collaboration and coordination with stakeholders in dealing with 
issues concerning children.
Sec. 124. The CHR En Banc shall designate one (1) focal Commissioner, who, 
together with the Child Rights Center (CHR-CRC), shall be primarily responsible for 
spearheading and overseeing the discharge of the functions of the CHR as Child 
Ornbud. In particular, they shall spearhead and oversee the formulation of protocols, 
guidelines, policies and the implementation of programs and activities related to the 
promotion and protection of the rights of children.
Sec. 125. The Regional Offices of the Commission shall discharge the functions of 
the Ornbud for Children within their respective jurisdictions in collaboration with the 
Local Council for the Protection of Children (LCPC), and Local School Boards. They 
shall implement programs, undertake investigations of complaints of discrimination 
and violations of rights under the Magna Carta.
Sec. 126. Within one (1) year from the adoption of the Rules and Regulations, the 
CHR with the assistance of the DBM shall rationalize the structure and its staffing 
pattern particularly of the CHR-CRC and the Regional Offices to effectively and 
efficiently execute its functions.
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TITLE X
PHILIPPINE COMMISSION FOR CHILDREN
Sec. 127. There is hereby created a Philippine Commission for Children (PCCh), which 
is an independent and autonomous body that has the status akin to a national 
government agency (NGA). It shall be attached to the Office of the President.
The creation of the Commission abolishes the Council for the Welfare of Children 
(CWC). The appropriations, personnel, programs, and activities of the CWC, including 
its membership to existing committees, councils, and other inter-agency bodies, shall 
be transferred to the Commission.
Sec. 128. The Commission shall be composed of a Board of Commissioners headed 
by the Chairperson. The Chairperson and the members of the Board of Commissioners 
shall be appointed by the President for a term of three (3) years, subject to one (1)
reappointment. The Board of Commissioners shall be composed of the following 
members:
a.
b.
c.
d.
One (1) Commissioner-at-Large;
Four (4) Commissioners on Child Protection, Child Health and Nutrition, Child 
Development, and Child Participation;
Executive Director of the Commission; and 
Four (4) Child Representatives.
The Chairperson of the Commission shall have the rank and privileges of a Department 
Secretary. The appointive Commissioners shall have the rank and privileges of a 
Department Undersecretary. They shall be entitled to compensation and other 
emoluments and shall be subject to the same disqualification.
The Child Representatives shall be selected through a transparent and participatory 
selection process ensuring that the chosen representative reflects the diverse voices 
and experiences of Filipino children across the country. The Child Representative shall 
be an active member of a legitimate children's organization and shall be appointed by 
the President for a term of three (3) years, and subject to one (1) reappointment.
Sec. 129. To achieve the objectives of the Commission, it shall have the following 
powers and functions:
a. Provide leadership in the formulation of policies and the setting of priorities and 
direction of all child promotion and development programs and activities;
b. Act as the leading advocate for child rights and wellbeing, promoting their 
integration into all relevant government policies, plans, and programs;
c. Formulate integrated national plans, policies, programs, and projects including 
services relative to the development of general welfare and protection of the 
best interests of the child;
d. Coordinate the implementation and enforcement of policies, plans, and 
programs relative to the promotion and protection of children's rights and 
welfare;
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g-
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e. Set up a system of networking and coordination with and among all existing 
government agencies and non-government organizations (NGOs) for the 
effective implementation of plans and strategies for children;
f. Serve as an oversight body over committees, councils, and other structures and 
recommend areas of convergence for improved and efficient coordination, 
information-sharing, and monitoring of the safety and well-being of a child; 
Review, monitor, and evaluate all local and international policies, plans, and 
programs on the rights of the child, by establishing a monitoring and evaluation 
system that shall serve as the primary monitoring, evaluation, and reporting 
tool of the Commission;
Ensure the establishment of a 24/7 monitoring, reporting, and response system 
that would cater to all children's concerns;
Provide technical assistance and capacity building at all levels for the effective 
implementation of policies, plans, and programs of the Commission, especially 
those that involve the setting up or strengthening of mechanisms for, by, and 
with children;
Maintain strong partnerships with the LGUs and local communities to facilitate 
closer collaboration, tailored interventions, and responsive action to the specific 
needs of children at the grassroots level;
Mobilize resource assistance and call upon and utilize NGAs, LGUs, and other 
public and private instrumentalities, for such assistance as it may require in the 
performance of its functions;
l. 
Ensure convergence of efforts in addressing children's issues and concerns 
among council and committees through improved and efficient coordination in 
planning, data-sharing, and aligning monitoring and oversight practices;
m. Submit an annual comprehensive report on its activities and accomplishments 
to the President and to Congress;
Prepare and submit country reports to the CRC Committee, ASEAN bodies and 
other treaty bodies;
Accept grants, contributions, donations, endowments, bequests, or gifts in 
cash, or in kind from local and foreign sources in support of the development 
and implementation of child rights and welfare programs and plans: Provided, 
That in case of donations from foreign governments, acceptance thereof shall 
be subject to prior clearance and approval of the President of the Philippines 
upon recommendation of the Secretary of Foreign Affairs; Provided, further. 
That such donations shall not be used to fund personal services expenditures 
and other operating expenses of the Commission; and 
Perform such other functions as may be necessary to effectively carry out the 
provisions of this Act.
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Sec. 130. The Commission shall be supported by a Secretariat that will serve as its 
executive arm to be headed by an Executive Director, who shall take charge of the 
day-to-day operations of the Commission and shall serve as a member of the Board 
of Commissioners. The Executive Director shall take charge of the administration, 
direction, and supervision of the Secretariat and ensure the implementation of the 
Commission's resolutions and decisions.
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There shall be two (2) Deputy Executive Directors, who shall assist and advise the 
Executive Director on child-related concerns and on the overall direction and 
supervision of the day-to-day operations of the Secretariat. They may take charge of 
any special projects and programs assigned by the Executive Director.
The Executive Director and Deputy Executive Directors shall be appointed by the 
President and shall respectively have the rank, privileges, and emoluments of a Career 
Executive Service Officer I and Career Executive Service Officer II and shall receive 
other allowances and benefits as may be provided by law.
The Commission shall determine its organizational structure and create new bureaus 
as It rnay deem necessary and shall appoint its officers and employees in accordance 
with the civil service law, rules, and regulations.
Sec. 131. The Convergence of Councils and Committees on Children (4Cs) shall be 
created as a system of collaboration and coordination among all Councils and 
Committees to specifically address concerns on children. It shall ensure effective and 
harmonious work relationships among all structures on children and address their 
issues at the national, regional, and local levels.
Sec. 132. The Commission shall take the necessary measures to ensure the 
implementation of its National Plan of Action for Children and all other related 
frameworks in all the geographic regions of the country through the establishment of 
Regional Offices on Children under the Commission Secretariat.
Further, pursuant to Republic Act No. 4881, there shall be a Local Council for the 
Protection of Children (LCPC) at all levels, which shall spearhead the development and 
implementation of the Local Development Plan for Children, Local Investment Plan for 
Children, and the Local Code for Children. The LCPC shall submit to their respective 
Regional Office on Children an annual Local State of Children's Report for consolidation 
and submission to the Commission Secretariat.
In recognition of the crucial role of LCPCs in promoting child well-being at the local 
level, their annual budget allocation shall be increased from the current one percent
(1%) to at least two percent (2%) of the total annual budget appropriations of their 
respective LGUs.
The Commission on Audit (COA) shall, together with the Commission, conduct an 
annual audit on the use of the aliotted budget to determine its judicious use and the 
efficiency and effectiveness of interventions in addressing child-related issues towards 
the realization of the objectives of the country's commitments, plans, and policies on 
children.
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CHAPTER VIII 
FINAL PROVISIONS
See. 133. Monitoring and Reporting System. - The State, through the PCCh, 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.
A^p[°^ria^ons- ~ The amount necessary to cover the initial implementation 
^this Act shall be charged against the current year's appropriations of the concerned 
implementing departments/agencies. Thereafter, the amount necessary for its 
continued irnplementation shall be included in the budgets of the concerned 
departments/agencies in the annual General Appropriations Act.
Sec. 135. Impiementing Ruies and Reguiations. - The PCCh, together with its 
member agencies, in consultation with non-government organizations with advocacy 
on the upholding of the Rights of the Child, shall promulgate the implementing rules 
and regulations of this Act within ninety (90) days from its approval.
Sec. 136. Congressionai Oversight Committee on the Magna Carta of Chiidren-Jhere 
IS hereby created an oversight committee on the MCC which shall be composed of the 
chairpersons of the Committee on Children in the Senate and in the House of 
epresentatives, PCCh, CHR, DSWD, DepEd, and one CSO representative which shall 
be determined by the aforementioned government agencies.
Sec. 137. Suppietory Appiication. - For purposes of this Act, the Revised Penal Code 
as amended Presidential Decree No. 603, Republic Act No. 7610, Republic Act No! 
8972 Republic Act No. 9208, Republic Act No. 9231, Republic Act No. 9851, Republic
10364, RePublic Act No- 
Republic Act No. 11188, Republic Act No.
11166, Republic Act No. 11596, Republic Act No. 11930 and other applicable laws shall 
have suppietory application.
Sec. 138. Separabiiity Ciause. - If any part or provision of this Act is declared invalid 
or unconstitutional, the other parts hereof not affected thereby shall remain valid.
Sec. 139. Repeating Ciause. - 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.
Se(c-140- Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in a newspaper of general circulation.
33 Approved.
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