Republic of the Philipines GaPRESED
House of Representatives AS ON
i fs Ay
Quezon City ¥receweD

SIXTEENTH CONGRESS 01 JUL 2013

First Regular Session

House Bill No. 823

Introduced by REP. MARCELINO “MARCY” R. TEODORO.

EXPLANATORY NOTE

The Philippines has a long history of armed conflicts. Glaring consequences include
displacement of communities; gross violation of human rights; and loss of lives, livelihood,
residential abodes, and opportunities. Citizens suffer from utter disrespect of human and civil
rights and access to basic needs and services like water, food, sanitation, medical and
education were cut off.

The most vulnerable in terms of the effects of internal displacement are the elderly and
children. Children were often recruited by armed groups to act as messenger, spy, lookout,
and courier or as child warriors.

Being a State Party in the Convention on the Rights of the Child, the Philippines must
fulfill its obligations under the agreement. This includes having an operational law that is
responsive in protecting children involved in, children affected by, or children displaced by
armed conflicts.

RA 7610, Article X Section 22 to 26 and its corresponding Implementing Rules and
Regulations provides for the protection of children in situations in armed conflict. However,
there were gaps and ambiguities in the protection measures of the said law.

To address this situation and strengthen the protection of all Filipino children involved
in, affected by or displaced by armed conflict, passage of this timely measure must be
seriously pursued.

‘Among the objectives of the bill are to: 1) ensure that children are considered as Zones
of Peace who are entitled to special protection during armed conflict; 2) prevent the
recruitment and use of children in armed conflict; 3) provide relief. protection and
rehabilitation to all children in situations of armed conflict; and 4) end impunity and prosecute
those responsible especially for grave child rights violations in armed conflict

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

y ea ee
MARCELINO “MARCY” R. TEODORO

Representative, 1st District
Marikina City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

nouse Bn No. 823

INTRODUCED BY: REP. MARCELINO “MARCY” R. TEODORO

AN ACT
PROVIDING FOR THE SPECIAL PROTECTION
OF CHILDREN IN SITUATIONS OF ARMED CONFLICT
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

CHAPTERI
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Special Protection of
Children in Situations of Armed Conflict Act of 2013.”

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

(a) Fully implement the protection guaranteed under the Convention on the Rights of
the Child, its Optional Protocol on the Involvement of Children in Armed Conflict
and all other core human rights treaties, particularly the International Covenant on
Civil and Political Rights and the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment; other pertinent international
instruments such as, but not limited to, the ILO Convention No. 182 concerning
the prohibition and immediate action for the elimination of the worst forms of
child labor; the Geneva Conventions of 1949 and the additional protocols ratified
by the Philippines; and the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mine and on Their Destruction;

(b) Take into account the Paris Principles on the Principles and Guidelines on
Children Associated with Armed Forces or Armed Groups, the United Nations
Guiding Principles on Internal Displacement, the United Nations Security Council
Resolutions related to children affected by armed conflict and other pertinent
international instruments in the implementation of its treaty obligations and of this
Act:

(©) Respect the human rights of children at all times. It shall be recognized that
children are entitled to dignity and respect as human beings in need of protection
from degradation, humiliation, maltreatment, exploitation and assault;


(d) Consider as paramount the best interest of children and treat all children involved
in, affected by or displaced by armed conflicts as victims;

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

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

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

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

(® Ensure the right to participation of children affected by armed conflict in all its
policies, actions, decisions concerning their rescue, rehabilitation and
reintegration

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

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

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

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

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

(b) Armed conflict refers to armed confrontations occurring between
governmental armed forces and one or more armed groups, or between such groups
arising in the Philippine territory. These shall include activities which may lead to armed
confrontation or armed violence that put children's lives at risk and their rights violated.

(©) Armed group refers to an armed non-state actor or non-state entity engaged in
armed conflict against the State or engaged in armed violence.

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



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

( Child refers to a person below eighteen (18) years of age or one over but is
unable to fully take care of one's self or protect one's self from abuse, neglect, cruelty,
exploitation or discrimination because of physical or mental disability or condition

(g) Children in Situations of Armed Conflict (CSAC) refers to all Children
Involved in Armed Conflict (CIAC), Children Affected by Armed Conflict (CAAC) and
Internally Displaced Children (IDC).

(h) Children Involved in Armed Conflict (CIAC) refers to children who are either
forcibly, compulsorily recruited or who voluntarily joined in any governmental armed
forces or any armed group in any capacity to participate directly in armed hostilities as
combatants or as fighters, or take support roles such as, but not limited to, scouting,
spying, sabotaging, acting as decoys, assisting in checkpoints, being couriers,
messengers, porters, cooks and being used for sexual purposes.

(i) Children Affected by Armed Conflict (CAAC) refers to all children population
experiencing or have experienced armed conflict

(@) Demobilization of children refers to the process of formal and controlled
disarmament of children and their release from an armed force or armed group. It shall
likewise refer to the informal ways in which children leave the governmental armed
forces or armed group. It entails a disassociation from the armed force or armed group
and the beginning of transition to mainstream society. Demobilization of children can
take place during the situation of armed conflict; it is not dependent on the temporary or
permanent cessation of hostilities; it is not dependent on children having weapons to
forfeit.

(k) Explosive Remnants of War (ERW) refers to unexploded ordnance and
abandoned explosive ordnance. Explosive Ordnance refers to munitions that contain
explosives, nuclear fission or fusion material, biological and chemical agents. These
include bombs and warheads, guided and ballistic missiles, artillery, mortar, small arms
ammunition, mines, torpedoes, depth charges, demolition stores, pyrotechnics, cluster
munitions and dispensers, cartridges and propelled actuated devices, electric explosive
devices and similar items that are explosive in nature. Unexploded Ordnance refers to
explosive ordnance, which have been primed, fuzzed, armed or otherwise prepared for
use or used. They could have been fired, dropped, launched, projected yet remain
unexploded either through malfunction or design or for any other cause.

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

(m) Governmental armed forces refer to Armed Forces of the Philippines (AFP)
including the paramilitary forces, the Philippine National Police (PNP) and other law
enforcement agencies.

(n) Grave child rights violations refer to the crimes committed against children
that constitute flagrant violations of their human rights and have severe consequences in
their lives. These crimes include those enumerated in Section 8 of this Act such as, but
not limited to, killing or maiming of children, recruitment or use of CIAC, rape and other
forms of sexual violence against children, abduction of children, attacks against schools
or hospitals, or denial of humanitarian access to children.


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

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

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

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

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

(D) Improvised Explosive Device (IED) refers to a device that is homemade or
fabricated, constructed and deployed in ways other than conventional military action;
containing or having contents from indigenous materials or substances that are
destructive, lethal, noxious, pyrotechnic or incendiary chemicals, and designed to
destroy, kill, incapacitate, harass or distract. IEDs are diverse in design such as, but not
imited to, packages or landmine or roadside bombs, and contain many types of initiators,
detonators, penetrators and explosive loads. These include shrapnel-generating objects
such as, but not limited to, nails, ball-bearings, small pieces of iron or steel bars and alike
that may be used individually or in combination. These are triggered by various methods
such as by remote control or command-detonation

(u) Killing of Children refers to acts of all kinds in the context of armed conflict
that result in the death of one or more children. Among others, this includes the death of
children as a result of direct targeting and indirect actions, such as cross-fire, use of
landmines, cluster munitions, ERW, all forms and types of IED; or house demolitions,
search and arrest campaigns, suicide attacks and torture; they also include murder,
homicide and such other similar crimes as defined in the Revised Penal Code, as
amended, and other special laws.

(v) Maiming of children refers to acts of all kinds in the context of armed conflict
that result in serious or permanent or disabling injury, scarring or defacing, or mutilation
of one or more children. It shall cover intentional maiming of children where they are
directly targeted, and causal maiming of children where they are directly targeted, and
causal maiming of children which result from indirect actions, such as cross-fire, use of
landmines, cluster munitions, ERW, all forms and types of IED; or in the context of
house demolitions, search and arrest campaigns, suicide attacks and torture

(w) Other acts of gender-based violence refer to physical or sexual violence other
than rape, and psychosocial harm that is committed against a person as a result of power


inequities that are based on gender roles. These include, among others, sexual slavery,
prostitution, forced marriage, forced pregnancy or forced sterilization.

(x) Rape refers to the crime of rape as defined under Article 266-A of the Revised
Penal Code, as amended by Republic Act No. 8353 or the Anti-Rape Law.

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

(2) School refers to any structure that is recognized and known by the community
a a learning space marked by visible boundaries

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

CHAPTER IL
RIGHTS OF CHILDREN IN ARMED CONFLICT

SEC. 6. Children as Zones of Peace. ~ Children are hereby declared as zones of
peace. The treatment of children as zones of peace shall extend beyond territorial or
geographical boundaries and focus on the person of the child whose rights shall be
promoted and protected at all times, especially in situations of armed conflict or violence.
The State and all sectors concerned shall have the responsibility to resolve armed conflict
in order to promote the goal of children as zones of peace. As such, the community,
governmental authority and, if appropriate, religious leadership shall preserve the
peaceful integrity of children and shall exemplify mutual respect and nonviolent behavior
in the presence of children, and share their resources for furthering peace and
cooperation.

SEC. 7. Rights of Children in Situations of Armed Conflict. — Children in
Situations of Armed Conflict (CSAC) shall have the following rights:

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

(b) The right of all children involved in, affected by or displaced by armed
conflict to be treated as victims. They shall be treated in accordance with this Act and
other applicable laws, consistent with the State obligation under international law, within
the framework of restorative justice, social rehabilitation and promotion of their
protection;

(c) The right to be considered as object of special respect and to be protected from
any form of direct or indiscriminate attacks and acts of violence especially protection
from the grave child rights violations as enumerated in Section 8 of this Act;

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


(e) The right to be immediately provided and have safe access to essential,
adequate and culturally appropriate food and nutrition; basic shelter and housing:
culturally appropriate clothing; water sanitation and hygiene; basic health services
including essential drugs, medicines and vaccines, health professional evaluation and
appropriate intervention; education, including religious and moral education; Early
Childhood Care and Development (ECCD) programs, psychosocial support and social
services. All services provided for children must be child and gender sensitive or
responsive;

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

(g) The right of the wounded and sick children to be cared for and provided with
aid or assistance or medical services, whether because of their age or for any other
reason;

(h) The right of all children to be treated humanely in all circumstances, without
any adverse distinction found on race, color, religion or faith, gender, birth or wealth, or
any other similar criteria;

(i) The right not to be interned in or confined in camp, especially IDC and their
families;

(j) The right of IDC, unaccompanied minors, expectant mothers, children with
disabilities, the wounded and the sick children to protection and assistance required by
their condition, and to treatment which takes into account their special needs such as, but
not limited to, their health needs, reproductive health care as well as appropriate
counseling, prevention of contagious and infectious diseases, including HIV/AIDS and
access to psychosocial services;

(k) The right of children to be with their families, especially with their mothers,
during evacuations and in evacuation centers;

(1) The right to liberty of movement and freedom to choose their residence
especially the IDC and their families who shall have the right to move freely in and out of
evacuation centers or other settlements, subject to existing rules and regulations in those
centers or settlements;

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

(n) The right of all children to be reunited with their families in case of separation
due to armed conflict;

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

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


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

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

CHAPTER IIL
UNLAWFUL AND PROHIBITED ACTS

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

(1) Killing of children;

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

(3) Intentional or causal maiming of children;

(4) Rape of children;

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

(6) Abduction of children;

(7) Taking children as hostages or using them as human shield;

(8) Recruitment, conscription or enlistment of children into governmental armed
forces and other armed groups;

(9) Other acts of gender-based violence against children;

(10) Refusal or denial of humanitarian access and/or assistance to children;

(a) Use or involvement of CIAC in any capacity as defined in Section 5(h) of
this Act; and

(12) Attack on schools, hospitals, places of worship, evacuation centers and

settlements and other public places where children can usually be found
(b) Likewise, it shall be unlawful for any person to commit the following acts:
(1) Hamleting;
(2) Food blockade;
(3) Intentional delayed reporting of a child in custody;
(4) False reporting of a child in custody; and

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


(©) It shall also be unlawful for parents, ascendants, guardians, step parents or
collateral relatives within the third (3") degree of consanguinity or affinity, or any person
having control or moral ascendancy to the child, to allow, willfully encourage, compel,
coerce or influence their child or children to be part of an armed group or a governmental
armed force.

CHAPTER IV
PENALTIES AND PRESCRIPTION OF CRIME

SEC. 9. Penalties. ~ The following penalties and sanctions are hereby imposed
for the offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in
subparagraphs 1, 2, 3, and 4 of Paragraph (a), Section 8 of this Act shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000,00) but not more than Five million pesos (P5,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in
subparagraphs 5, 6, 7, 8, 9, 10, 11 and 12 of Paragraph (a), Section 8 of this Act shall be
punished with an imprisonment of not less than fourteen (14) years but not more than
twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00): Provided, That where the crimes
committed resulted in the killing, torture, maiming or rape of children in subparagraphs 1,
2, 3, and 4 of Paragraph (a), Section 8, the penalty imposed shall be that of Section 9(a)
of this Act;

(©) Any person found guilty of committing any of the acts enumerated in
subparagraphs 1, 2, 3, 4 and 5 of Paragraph (b), Section 8 of this Act shall be punished
with an imprisonment of not less than six (6) years but not more than twelve (12) years
and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00); and

(4) Parents, ascendants, guardians, step parents or collateral relatives within the
third (3") degree of consanguinity or affinity, or any person having control or moral
ascendancy to the child to allow, willfully encourage, compel, coerce or influence their
child or children to be part of an armed group shall be punished with an imprisonment of
not less than six (6) years but not more than twelve (12) years: Provided, however, That
parents, ascendants, guardians, step parents or collateral relatives within the third (3")
degree of consanguinity or affinity, or any person having control or moral ascendancy to
the child found guilty hereof may be allowed to serve the minimum period of
imprisonment based on the sound discretion of the courts guided by the principles of
parents patriae.

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

Any such officer who shall prevent, prohibit, refuse or discontinue the
implementation of this Act or its rules and regulations, or in any other way violate them
by reason of inexcusable negligence or ignorance, shall be punished with an


imprisonment of not less than one (1) month but not more than six (6) months and
temporary special disqualification from public office.

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

Any person who shall commit any other act not covered in Section 8, which shall
result in prejudicing the rights of CIAC, CAAC or IDC protected under this Act, shall be
punished with an imprisonment of not less than six (6) months but not more than six (6)
years,

SEC. 11. Forfeiture of Proceeds, Property and Assets. — The court shall order
the forfeiture of proceeds, property and assets derived, directly or indirectly, from the
crimes defined and penalized in this Act, without prejudice to the rights of the bona fide
third (3") party. The court shall impose the corresponding accessory penalties under the
Revised Penal Code, as amended, especially where the offender is a public officer.

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

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

CHAPTER V
PRINCIPLES OF CRIMINAL LIABILITY AND APPLICATION OF PENALTIES

SEC. 13. Individual Criminal Responsibilities. — Any person committing such
crime shall be criminally liable for a crime defined and penalized in this Act, whether as
an individual, jointly with another or through another person, regardless of whether that
other person is criminally responsible.

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

SEC. 15. Responsibility of Superiors. — In addition to other grounds of criminal
responsibility for crimes defined and penalized under this Act, a superior shall be
criminally responsible for such crimes committed by subordinates where:

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

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

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

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


(b) The person did not know that the order was unlawful; and
(©) The order was not manifestly unlawfal.

For purposes of this section, orders to commit grave child rights violation
enumerated in Section 8 are manifestly unlawful and shall be punished under this Act and
other applicable existing laws

SEC, 17. Unknown Superior. ~ Where the crimes defined and penalized under
this Act have been committed by a person pursuant to an order or command of unknown
superior, any person who in fact directed the others, spoke for them, signed receipts and
other documents issued in their name, or who has performed similar acts on behalf of the
armed groups, shall be deemed the superior.

CHAPTER VI
INVESTIGATION, PROSECUTION AND COURT

SEC, 18. Court, Prosecutors and Investigators. —- The Family Courts shall have
original and exclusive jurisdiction over the crimes punishable under this Act.

The Commission on Human Rights (CHR) , the Department of Justice (DOJ) and
its attached agencies, the PNP or other concerned law enforcement agencies shall
designate prosecutors or investigators, as the case may be, for cases involving crimes
punishable under this Act.

The State shall ensure that judges, prosecutors and investigators, especially those
designated for purposes of this Act, receive effective training in human rights particularly
on the Convention on the Rights of the Child and its Optional Protocol on the
involvement of CIAC and related international instruments, International Humanitarian
Law and International Criminal Law.

SEC. 19. Requirement and Procedures on Age Verification and Presumption of
Minority, — The child involved in, affected by or displaced by armed conflict shall enjoy
the presumption of minority and shall enjoy all the rights of a child recognized in this Act
and other applicable laws unless proven to be eighteen (18) years or older

The age of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may
be based on information from the child, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to the age of the
child, it shall be resolved in favor of minority.

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

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

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


SEC. 20. Protection of Victims and Witnesses. — In addition to existing
provisions in Philippine law for the protection of victims and witnesses, the following
measures shall be undertaken:

(a) The court shall take appropriate measures to protect the safety, physical and
psychological well-being, dignity and privacy of child victims and witnesses. In so doing,
the court shall have regard of all relevant factors, including age, gender and health, and
the nature of the crime, in particular, but not limited to, where the crime involves sexual
or gender-based violence or violence against children;

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

(©) Where the personal interests of the child victims are affected, the court shall
consider the child victim's views and concerns in accordance with established rules of
procedure and evidence; and

(4) Where the disclosure of evidence or information may be prejudicial to the
security of the child, witness or the family, the prosecution may withhold such evidence
or information and instead submit a summary thereof consistent with the rights of the
accused to a fair and impartial trial

SEC. 21. Reparation to Victims. — In addition to existing provisions in Philippine
law and procedural rules for reparation to victims, the following measures shall be
undertaken;

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

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

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

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

SEC. 22. Immunity from Suit for Persons Providing Assistance. — Any person
who shall take custody of CIAC to ensure their safety or provide them any form of
assistance shall be exempt from any civil, criminal and administrative liability: Provided,
That the person shall report it to the Local Social Welfare and Development Office
(LSWDO), the PNP or to the barangay office within forty-eight (48) hours

CHAPTER VII

PREVENTION, REHABILITATION AND REINTEGRATION,
RESCUE AND DEMOBILIZATION

SEC. 23. Prevention. ~ The State shall take all feasible measures to prevent the
recruitment, re-recruitment, use or displacement of CIAC. It shall take all necessary


measures to ensure the effective implementation and enforcement of the provisions of
this Act. Towards this end, the State shall:

(a) Prioritize children's issues in the peace program of the government and include
children's concerns, specifically the effects of armed conflicts, in peace negotiations;

(b) Include peace, human rights and protective behavior skills as fundamental
subjects in the education system;

(c) Provide educational assistance, whether formal or alternative learning system,
that is child and culturally sensitive;

(d) Develop and implement training programs and campaign towards promoting a
culture of peace and respect for human rights in collaboration with civil society
organizations;

(&) Provide capacity building for Local Governance and Community
Development, and ensure the participation of various organizations, especially of
children’s and people's organizations at the community level. These organizations shall be
involved in consultation and decision-making processes and in the development and
implementation of programs, projects and activities established for them;

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

(g) Make available basic health services in health facilities in identified priority
areas. Culturally-sensitive nutrition program and activities including, but not limited to,
supplementary feeding, shall also be made available. Efforts to support traditional health
practices in indigenous peoples’ area shall also be initiated;

(h) Establish basic facilities and infrastructure needed;
(i) Ensure that child protection mechanisms are present and functional; and

() Establish a comprehensive, effective and efficient system for monitoring and
reporting and response for violations as provided in Section 8 of this Act.

SEC. 24. Rescue, Rehabilitation and Reintegration. — The State shall institute
policies, programs and services for rescue, rehabilitation and reintegration of CSAC. The
Programs shall aim at providing services for children while involving their families,
communities and other entities to facilitate the children's reintegration process.

These services shall include, but not limited to, psychosocial support, health and
nutrition, education, livelihood for families and other basic services, and legal services as
may be necessary.

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

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

(a) Rescue: The State shall provide for adequate measures and mechanisms to
facilitate the recovery, either voluntary or involuntary, of children from armed groups or
governmental armed forces. It shall provide legal and physical security to CIAC


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

(b) Rehabilitation: The State shall facilitate the normal development of children
victims in their post-involvement phase. It shall provide services including therapeutic
counseling, security and protection, educational assistance and livelihood opportunities to
their parents, relatives or guardians or to the victims when they become of age:

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

SEC. 25. Demobilization of Children Involved in Armed Conflict (CIAQ). — The
State shall take all feasible measures to ensure that children recruited or used in hostilities
contrary to this Act are demobilized or otherwise released from service.

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

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

(a) Develop a child-specific demobilization program. This demobilization
program should not make as a requirement the surrender of arms by CIAC who have
assumed noncombatant roles;

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

(©) With due regard to the right to privacy of CIAC, their security and safety, and
considering the confidentiality of records, share data and information by both government
and nongovernment organizations to assess the needs, and be informed of their status and
updates of demobilized CIAC;

(d) Mobilize and strengthen networks for referrals;

(©) Provide free legal assistance to demobilized CIAC ensuring that the legal
needs of the former CIAC will be addressed, such as the prohibition or stoppage of filing
charges or dismissal cases against CIAC as criminal or political offenders irrespective of
their association with any armed group or force;

(® Ensure the formal demobilization of CIAC through various approaches such as
through the Government Peace Negotiating Panel (GPNP). Other criminal armed groups
that utilize children and are not involved in formal peace negotiation with the government
shall, however, be dealt in accordance with the peace and order or security policy as may
be provided by the appropriate government agency: Provided, That in any demobilization
action, the best interest of the child shall be observed.

SEC. 26. Rescued or Surrendered Children Involved in Armed Conflict
(CIAQ. ~ Where the CIAC have been rescued or surrendered, they shall at all times be
treated in a child-friendly and sensitive manner. The State, at all times, shall consider the
safety and security of the CIAC. The following procedures shall apply without prejudice
to the application of other existing laws that will uphold the best interest of the child:


(a) The identity of rescued CIAC shall be protected. Any identifying information
regarding them shall remain confidential;

(b) Rescued CIAC shall not be used for any political propaganda nor be
unnecessarily exposed to media in violation of child rights to privacy, security and
confidentiality of their cases;

(c) Upon the rescue or surrender of CIAC, government agencies, in particular, the
AEP, the PNP, the Department of National Defense (DND), the local government units
(LGUs), other concerned government agencies or nongovernment organizations (NGOs)
in possession of CIAC shall report immediately within twenty-four (24) hours the
incident to the LSWDO and the Council for the Welfare of Children (CWC):

(d) The LSWDO shall coordinate with the agency or NGO in possession of CIAC
for the turnover of custody of CIAC to the Department of Social Welfare and
Development (DSWD),

(e) The turnover to the LSWDO shall take place within twenty-four (24) hours or,
in cases where turnover is not possible within the prescribed twenty-four (24) -hour
period due to valid reasons and without the fault of the person having custody of the
child, the turnover shall be done within the next seventy-two (72) hours;

(f) The LSWDO shall facilitate the family tracing and coordinate with parents,
relatives or guardians of the CIAC to inform them of the turnover;

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

(h) The LSWDO shall assess the needs of the CIAC and refer to concerned
agencies to provide immediate assistance or appropriate services;

(i) The LSWDO, in coordination with other agencies, shall enter the CIAC into
the child-specific demobilization programs; and

(j) The CIAC shall be reintegrated into the community. In cases where
reintegration to original community of origin is not feasible for reasons of the CIAC's
security, a foster community or institution shall be identified.

CHAPTER VIII

INVOLVEMENT OF GOVERNMENT
AND NONGOVERNMENT ORGANIZATIONS

SEC. 27. Involvement of Government Organizations. (GOs) and
Nongovernment Organizations (NGOs). ~ To effectively address the issue of CSAC, the
CWC, together with its member agencies, shall be assisted by the following government
(GOs) for the proper implementation of this Act

(a) Armed Forces of the Philippines (AFP);
(b) Commission on Human Rights (CHR);

(c) Department of National Defense (DND);

(d) Local government units (LGUs);

(e) National Commission on Indigenous Peoples (NCIP);

() National Commission on Muslim Filipinos (NCME),;

(g) National Disaster Risk Reduction and Management Council (NDRRMC),


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

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

For proper implementation of this Act, all GOs and NGOs including, but not
limited to, those identified herein shall provide their respective counterpart support
including, but not limited to, technical, logistical and financial assistance relative to the
implementation of programs, projects and activities for CSAC, in accordance with their
mandate and in accordance with existing accounting and auditing rules and regulations.

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

CHAPTER IX

MONITORING AND REPORTIN'

SEC. 28. Monitoring and Reporting System. — The State, through the CWC, in
coordination with other concerned government organizations, shall ensure the
implementation of the provisions of this Act and shall submit to the President and to the
Congress of the Philippines the annual report thereof. The CWC shall establish and
maintain a database for the monitoring and reporting of CSAC concerns integrated in its
monitoring system

The CWC nay hire additional personnel to complement its present secretariat to
perform its functions relative to this Act.

CHAPTER X
TRANSITORY PROVISIONS

SEC. 29. Children Involved in Armed Conflict. — Upon the effectivity of this Act,
criminal cases against CIAC shall immediately be dismissed and the child shall be
referred to the LSWDO. Such office, upon thorough assessment of the child, shall
determine whether to release the child to the custody of the parents, or refer the child to
prevention, rehabilitation and reintegration programs as provided under this Act. Those
with suspended sentences and undergoing rehabilitation at the youth rehabilitation center
shall likewise be released: Provided, That the Family Court shall, in consultation with
concerned agencies, determine and order the appropriate prevention, rehabilitation and
reintegration programs the person shall undergo as provided under this Act

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

SEC. 31. Children Who Reach the Age of Eighteen (18) Years Pending Court
Proceedings or in Suspended Sentences. — In cases when a child reaches the age of
eighteen (18) years with pending case, the Family Court shall dismiss the case against the
person and determine, in consultation with concerned agencies, whether or not there is a
need for the person to undergo appropriate rehabilitation and reintegration programs
provided under this Act.


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

SEC. 32. Children Who Have Been Convicted and are Serving Sentences. —
Persons who have been convicted and are serving sentence at the time of the effectivity
of this Act and who were below the age of eighteen (18) years at the time of the
commission of the offense for which they were convicted and are serving sentence shall
likewise benefit from the retroactive application of this Act. They shall be entitled to
appropriate dispositions provided under this Act, and their sentences shall be adjusted
accordingly. They shall be immediately released if they are so qualified under this Act or
other applicable law.

CHAPTER XI
FINAL PROVISIONS

SEC. 33. Implementing Rules and Regulations. ~ The CWC, together with its
member agencies and the OPAPP, with the involvement of the civil society
organizations, shall promulgate the implementing rules and regulations of this Act within
ninety (90) days from its approval. All government agencies enumerated in Section 27 of
this Act shall be consulted insofar as the drafting of their responsibilities are concerned

NGOs involved in caring for CSAC shall likewise be consulted in the drafting of
the implementing rules and regulations of this Act.

SEC. 34. Appropriations. — The amount necessary to cover the initial
implementation of this Act shall be charged against the current year's appropriations of
the concerned implementing departments/agencies. Thereafter, the funds necessary for its
continuous implementation shall be included in the budgets of the concerned
departments/agencies in the annual General Appropriations Act.

SEC. 35. Repealing Clause. — Article X, Sections 22 to 26 of Republic Act No.
7610, otherwise known as the “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act,” all laws, acts, presidential decrees, executive
orders, administrative orders, rules and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified or repealed accordingly

SEC. 36. Separability Clause. — If any part or provision of this Act is declared
invalid or unconstitutional, the other parts hereof not affected thereby shall remain valid.

SEC. 37. Effectivity Clause. — This Act shall take effect fifteen (15) days upon
completion of its publication in at least two (2) national newspapers of general
circulation

Approved,