FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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'11 
MAY -9 I) 2 :09 
SENATE 
S.No. 2806 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
Explanatory Note 
Section 2 (2) of Article XV of the 1987 Constitution states that: 
"The State shall defend the rzght of children to ... special protection from 
all forms of neglect, abuse, cruelty, exploitation and other conditions 
prejudicial to their development. " 
Having ratified the Convention on the Rights of the Child (CRC) on September 20,1990 
and its Optional Protocol pertaining to the involvement of children in armed conflict on 
May 28, 2002, the Philippines is obliged under international law to comply effectively 
through legislative, administrative, judicial and other parallel measures upholding the 
rights and well-being of children in various parts of the country who are directly involved 
in armed conflict, whether anned or unarmed. 
Accordingly, the United Nations Committee on the Rights of the Child, in its concluding 
observations on the 3rd and 4th Philippine reports in implementing the CRC recommends 
that the Philippines should ensure that children involved in armed conflict (CIAC) are not 
treated as children in conflict with the law (CICL). As children are also victims of the 
situation, the Committee also calls for strengthening existing measures aimed at the 
demobilization of children recruited into armed groups, their physical and psychological 
recovery and social reintegration. 
Although the Philippines has various laws that provide for certain protection of children 
affected by armed conflict, these laws do not provide for a comprehensive approach in 
their treatment of children from the time the latter come or become affected by situations 
of conflict and up to the time they ought to be rehabilitated and reintegrated. 
Consequently, Republic Act No. (RA) 7610 otherwise known as the Special Protection of 
Children against Child Abuse, ExplOitation and Discrimination Act, appears to be 
inadequate as there are gaps in protecting children in situations of armed conflict, 
particularly CIAC. In RA 7610, children involved in armed conflict are seen more as a 
violator of the law than a victim thus the law allows for the prosecution of these children. 
Thus, this proposed measure seeks to provide for a comprehensive protection, 
rehabilitation and reintegration of the following children in need of special protection: 
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Those involved in armed conflict 
• 
Those affected by armed conflict 
• 
Those who have been displaced by reason of armed conflict 
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It also seeks to establish child sensitive measures and treatment for children involved in 
armed conflict when they are rescued and demobilized. 
The bill further prohibits and penalizes the commission of grave child rights violation in 
armed conflict situation including killing of children, subjecting them to torture and other 
inhuman and other degrading treatment or punishment, rape or abduction of children, 
other acts constituting gender-based violence against children, use of children as hostages 
or human shield, denial of humanitarian access and/or assistance to children, recruitment 
and involvement of children in armed conflict, and attack of schools, hospitals places of 
worship, evacuation centers and settlements and other public places where children can 
usually be found. It makes liable not only the government forces but also other non-state 
anned groups for the violation of any provisions of this proposed measure. 
The immediate approval of this proposed legislative measure, which has been drafted 
upon the initiative of the Council for the Welfare of the Children (CWC), together with 
its partner agencies and organizations in the Sub-committee on Children affected by 
Armed Conflict and Displacement (SC CAACD), is earnestly sought. 
1\+-\~\--
ANTONIO "SONNY" F. TRlljLANES IV 
Senator 
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, 
• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.No. 2806 
) 
) 
) 
'11 
MAY -9 P2 :09 
RECEJ\'ED BY:-@--
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
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: 
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CHAPTERl 
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GENERAL PROVISIONS 
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SECTION 1. Short Title. - This Act shall be known as the 'Special Protection of 
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Children in Situations of Armed Conjl ict Act of 2011,' 
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SEC. 2. Declaration of State Policy. - It shall be the policy of the State to 
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provide special protection to Children in Situation of Armed Conflict (CSAC) from all 
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forms of abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial 
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to their development, taking into consideration their gender, cultural, ethnic, 
and 
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religious background. For this purpose the State shall: 
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(a) Fully implement the protection guaranteed under the Convention on the Rights of the 
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Child, its Optional Protocol on the involvement of Children in Armed Conflict 
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(CIAC) and all other core human rights treaties, particularly, the International 
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Covenant on Civil and Political Rights and the Convention Against Torture and Other 
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Cruel, Inhumane and Degrading Treatment; other pertinent international instruments 
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such as but not limited to the ILO Convention No. 182 concerning the prohibition and 
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immediate action for the elimination of the worst forms of child labor; the Geneva 
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Conventions of 1949 and the Additional Protocols ratified by the Philippines; the 
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Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of 
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Anti-Personnel Mines and on their Destruction, and take into account the Paris 
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Principles on the Principles and Guidelines on Children Associated with Armed 
Forces or Armed Groups, the United Nations Guiding Principles on Internal 
Displacement, the United Nations Security Council Resolutions related to CAAC and 
other pertinent international instruments in the implementation of its treaty 
obligations and of this Act; 
(b) Respect the human rights of children at all times. It shall be recognized that children 
are entitled to dignity and respect as human beings in need of protection from 
degradation, humiliation, maltreatment, exploitation and assault; 
(c) Consider children as Zones of Peace who are entitled to special protection during 
armed conflict. The State shall consider as paramount the best interests of children 
and treat all children involved in, affected by or displaced by armed conflict as 
victims; 
(d) Take all feasible measures to prevent the recruitment and use of CIAC and shall take 
all necessary measures to ensure the effective implementation and enforcement of the 
provisions of this Act; 
(e) Take aU the necessary measures to address the root causes of armed conflict that 
result in involving, affecting or displacing children, which include poverty, lack or 
absence of quality basic psycho-social services, belief in the ideologies of an armed 
group, secessionist advocacy, affiliation of family members in armed groups, pursuit 
of alternative justice for atrocities, abuses and injustices experienced, and persistence 
of armed conflicts; 
(1) Continue to recognize its primary role in providing effective protection and relief to 
all CSAC; 
(g) Continue to fulfill its responsibilities to end impunity and to prosecute those 
responsible especially for grave child rights violations in armed conflict; and 
(h) Ensure the right to participation of children in all its policies, actions, decisions 
concerning CAAC. 
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SEC. 3. Scope of Application - This Act shall apply to all children involved in, 
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affected by or displaced by armed conflict. 
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The application of this Act shall not affect the legal status of any party to an 
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armed conflict. 
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SEC. 4. Interpretation of this Act. - Nothing in this Act shall be construed as 
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precluding provisions in existing Philippine laws, international human rights laws and 
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related instruments, and international humanitarian law that are more conducive to the 
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realization of the rights of children. 
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SEC. 5. Definition of Terms. - As used in this Act 
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(a) "Abduction of children" refers to the seizure, apprehension, taking in custody, 
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detention or capture of one or more children either temporarily or permanently by 
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force, threat of force or coercion, or deception for the purpose of any form of 
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exploitation of such children in the situation of armed conflict. 
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(b) "Armed conflict" refers to armed confrontations occurring between governmental 
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armed forces and one or more armed groups, or between such groups arising in the 
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Philippine territory. 
These shall include activities which may lead to armed 
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confrontation or armed violence that put children's lives at risk and their rights 
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violated. 
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(c) "Armed group" refers to an armed non-state actor or non state entities engaged in 
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armed conflict against the state or engaged in armed violence; 
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(d) "Attacks on schools, hospitals, places of worship, evacuation centers and public 
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places where children are usually found" refers to the occupation, shelling, 
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targeting for propaganda of schools, hospitals or places of worship; causing damage 
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to such places, or harm or injury to their personnel; or causing the total or partial 
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physical destruction of such facilities; or disruption of educational activities and 
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health services. It also refers to attacks of such places, which have been temporarily 
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abandoned by the community as a result of armed conflict, unless these places have 
been declared a "no man's land". 
(e) "Child protection" refers to the measures, structures and activities that ensure the 
prevention and response to abuse, neglect, exploitation and violence affecting 
children. It shall include the promotion of their development and psychosocial well-
being; 
(f) "Child" refers to persons below eighteen (18) years of age or those over but are 
unable to fully take care of themselves or protect themselves from abuse, neglect, 
cruelty, exploitation or discrimination because of physical or mental disability or 
condition. 
(g) "Children In Situations of Armed Conflict (CSAC)" refers to all Children Involved 
In Armed Conflict (CIAC), Children Affected By Armed Conflict (CAAC), and 
Internally Displaced Children (IDC). 
(h) "Children Involved in Armed Conflict (CIAC)" refers to children who are either 
forcibly, compulsorily recruited or who voluntarily joined in any governmental armed 
forces or any armed group in any capacity to participate directly in armed hostilities 
as combatants or as fighters, or take support roles such as but not limited to scouting, 
spying, sabotaging, acting as decoys, assisting in check-points, being couners, 
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. 
U) "Explosive Remnants of War (ERW)" refers to unexploded ordnance and 
abandoned explosive ordnance. Explosive Ordnance refers to munitions that contain 
explosives, nuclear fission or fusion material, biological and chemical agents. This 
includes bombs and warheads, guided and ballistic missiles, artillery, mortar, small 
anns ammunition, mines, torpedoes, depth charges, demolition stores, pyrotechnics, 
cluster munitions and dispensers, cartridges and propelled actuated devices, electric 
explosive devices and similar items that are explosive in nature. 
Unexploded 
Ordnance refers to explosive ordnance, which has been primed, fuzzed, armed or 
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otherwise prepared for use or used. It could have been fired, dropped, launched, 
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projected yet remains unexploded either through malfunction or design or for any 
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other cause. 
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(k) "Food blockade" refers to armed conflict tactic of forcibly cutting off entry of food 
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supplies in a particular area where children can be found. 
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(1) "Governmental armed forces" refers to the Armed Forces of the Philippines (AFP) 
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including the paramilitary forces, the Philippine National Police (PNP), and other law 
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enforcement agencies. 
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(m)"Grave child rights violation" refers to the crimes committed against children that 
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constitute flagrant violations of their human rights and have severe consequences in 
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their lives. These crimes include those enumerated in Section 8 of this Act, such as 
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but not limited to, killing or maiming of children, recruitment or use of CIAC, rape 
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and other forms of sexual violence against children, abduction of children, attacks 
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against schools or hospitals, denial of humanitarian access to children. 
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(n) "Hamleting" refers to an armed conflict strategy that isolates a community of 
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importance to the enemy which is inhabited by children including relocating said 
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community away from crucial zones. This strategy could be used to control the 
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activities of the people in said areas. 
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(0) "Hospitals or health facilities" refers to any structure recognized and known by the 
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community as a facility where the sick and wounded are provided with medical and 
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or health care services. 
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(p) "Humanitarian access" refers to the right of vulnerable populations to receIVe 
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international protection and assistance from an impartial humanitarian relief operation 
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to complement efforts of national authorities. Such action is subject to the consent of 
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the State or parties concerned and does not prescribe coercive measures in the event 
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of refusal, however unwarranted. 
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(q) "Humanitarian assistance" refers to aid that seeks to save lives and alleviate 
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suffering of a crisis-affected popUlation. Humanitarian assistance must be provided in 
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accordance with the basic humanitarian principles of humanity, impartiality, 
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independence and neutrality, Assistance may be divided into three categories: direct 
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assistance, indirect assistance and infrastructure support, which have diminishing 
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degrees of contact with the affected population, 
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(r) "Internally Displaced Children (IDC) " refers to children or group of children, 
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whether separated or together with their families, who have been forced or obliged to 
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flee or to leave their homes or places of habitual residence, in particular, as a result of 
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or in order to avoid the effect of armed conflict and situations of generalized violence, 
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(s) "Improvised Explosive Device (lED)" refers to a device that is homemade or 
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fabricated, constructed and deployed in ways other than conventional military action; 
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containing or having contents from indigenous materials or substances that are 
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destructive, lethal, noxious, pyrotechnic or incendiary chemicals, and designed to 
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destroy, kill, incapacitate, harass or distract. IEDs are diverse in design, such as but 
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not limited to, packages or landmine or road-side bombs, and contain many types of 
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initiators, detonators, penetrators, and explosive loads, These include shrapnel-
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generating objects such as, but not limited to nails, ball-bearings, small-pieces of iron 
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or steel bars, and alike that may be used individually or in combination, These are 
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triggered by various methods such as by remote control or command-detonation, 
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(t) "Killing of children" refers to acts of all kinds in the context of armed conflict that 
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result in the death of one or more children, Among others, they include the death of 
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children as a result of direct targeting and indirect actions, such as cross-fire, use of 
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landmines, cluster munitions, ERW, all forms and types of IED; or house 
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demolitions, search and arrest campaigns, suicide attacks and torture; they also 
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include murder homicide and such other similar crimes as defined in the Revised 
, 
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Penal Code and other special laws, as amended, 
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(u) "Maiming of children" refers to acts of all kinds in the context of armed conflict that 
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result in serious or permanent or disabling injury, scarring or defacing, or mutilation 
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to one or more children, It shall cover intentional maiming of children where they 
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are directly targeted, and causal maiming of children which results from indirect 
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actions, such as cross-fire, use of landmines, cluster munitions, ERW, all forms and 
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types of rED; or in the context of house demolitions, search and arrest campaigns, 
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suicide attacks and torture. 
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(v) "Other acts of gender based violence" refers to physical, sexual violence other than 
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rape, and psychosocial harm that is committed against a person as a result of power 
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inequities that are based on gender roles. These include, among others, sexual slavery, 
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prostitution, forced marriage, forced pregnancy, or forced sterilization. 
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(w) "Rape" refers to the crime of rape as defined under Article 266-A of the Revised 
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Penal Code, as amended by Republic Act No. 8353 or the Anti-Rape Law. 
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(x) "Recruitment" refers to compulsory, forced and voluntary conscription or enlistment 
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of children into the governmental armed force and forced or voluntary membership 
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into the armed group. 
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(y) "Release of children" refers to the process of formal and controlled disarmament of 
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children and their release from an armed force or armed group. It shall likewise refer 
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to the informal ways in which children leave the governmental armed forces or armed 
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group. It entails a disassociation from the armed force or armed group and the 
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beginning of transition to mainstream society. Release of children can take place 
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during the situation of anned conflict; it is not dependent on the temporary or 
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permanent cessation of hostilities; it is not dependent on children having weapons to 
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forfeit. 
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(z) "School" refers to any structure that is recognized and known by the community as a 
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learning space and marked by visible boundaries. 
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(aa) 
"Zone of Peace" refers to a site with sacred, religious, historic, educational, 
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cultural, geographical or environmental importance protected and preserved by its 
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own community and officially recognized by a governmental authority. It is not 
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merely a "Demilitarized Zone", but a sanctuary that operates within ethical principles 
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of non-violence, free from weapons, acts of violence, injustice and environmental 
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degradation. 
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CHAPTER 2 
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RIGHTS OF CHILDREN IN ARMED CONFLICT 
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SEC. 6. Children as Zones of Peace. - Children are hereby declared as Zones of 
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Peace. The treatment of children as Zones of Peace shall extend beyond territorial or 
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geographical boundaries and focus on the person of the child whose rights shall be 
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promoted and protected at all times, especially in situations of armed conflict or violence. 
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The State and all sectors concerned shall have the responsibility to resolve armed conflict 
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in order to promote the goal of children as zones of peace. As such, the community, 
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governmental authority and, if appropriate, religious leadership shall preserve the 
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peaceful integrity of children and shall exempliJY mutual respect and non-violent 
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behavior in the presence of children, and share their resources for furthering peace and 
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cooperation. 
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(a) 
(b) 
(c) 
(d) 
SEC. 7. Rights of Children In Situations of Armed Conflict (CSAC).-
Children in Situations of Armed Conflict (CSAC) shall have the following rights: 
the right of special respect and protection against any form of abuse, neglect, 
exploitation and violation, especially in the context of armed conflict; 
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; 
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; 
the right to be protected from recruitment into the governmental armed forces or 
anned groups and from participation in armed conflict. This shall include the right 
to be protected from torture or any cruel, inhuman or degrading practices that compel 
compliance or punish non-compliance with recruitment or participation in armed 
conflict; 
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(e) 
(1) 
(g) 
(h) 
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(1) 
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; 
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; 
the right of all children to be treated humanely in all circrunstances, without any 
adverse distinction founded on race, color, religion or faith, gender, birth or wealth, 
or any other similar criteria; 
the right not to be interned in. or confined in camp, especially IDC and their families; 
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; 
the right of children to be with their families, especially with their mothers, during 
evacuations and in evacuation centers; 
the right to liberty of movement and freedom to choose their residence especially the 
IDC and their families who shall have the right to move freely in and out of 
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evacuation centers or other settlements, subject to existing rules and regulations in 
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those centers or settlements; 
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(m) the right especially of IDC and their families to: leave the country; seek safety in 
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another part of the country; seek other service providers; seek asylum in another 
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country; and be protected against forcible return to resettlement in any place where 
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their life, safety, liberty or health would be at risk; 
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(n) the right of all children to be reunited with their families in case of separation due to 
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armed conflict; 
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(0) the right to obtain necessary documentls to enjoy their legal rights. The State shall 
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have the duty to expedite services in the issuance of new documents or the 
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replacement of documents lost in the course of displacement, without imposing 
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unreasonable conditions, and without discrimination against female child and male 
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child, who shall have equal rights to obtain and to be issued the same in their own 
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names; 
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(p) the right of access to justice including free legal aid when filing cases against the 
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perpetrators; 
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(q) the right for the property and possessions of children and their families to be 
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protected in all circumstances. 
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The rights enumerated in this Section shall not hinder the application of other 
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rights recognized and guaranteed in the Constitution and other existing laws in keeping 
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with the best interests of the child. 
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CHAPTER 3 
24 
UNLAWFUL AND PROHIBITED ACTS 
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SEC. 8. Unlawful or Prohibited Acts. -
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(a.)It shall be unlawful for any person, to commit the following acts of grave 
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Child Rights Violations: 
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1. Killing of children; 
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2. Torture committed against children. For the purposes of this Act, torture shall 
include those enumerated in Section 4 of Republic Act 9745 or the Anti-
Torture Act; 
3. Intentional or causal maiming of children; 
4. Rape of children; 
5. Cruel, inhuman and degrading treatment or punishment committed against 
children. For the purposes of this Act, cruel, inhuman and degrading treatment 
or punishment shall include those enumerated in Section 5 of Republic Act 
9745 or the Anti-Torture Act; 
6. Abduction of children; 
7. Taking children as hostages or using them as human shield; 
8. Recruitment, conscription, or enlistment of children into governmental armed 
forces and other armed groups; 
9. Other acts of gender-based violence against children; 
10. Refusal or denial of humanitarian access andlor assistance to children; 
11. Use or involvement of CIAC in any capacity as defined in Section 5(h) of this 
Act; 
12. Attack on schools, hospitals, places of worship, evacuation centers and 
settlements and other public places where children can usually be found. 
(b.)Likewise, it shall be unlawful for any person to commit the following acts: 
1. Hamleting 
2. Food Blockade 
3. Intentional Delayed Reporting of a child in custody 
4. False Reporting of a child in custody 
5. False Branding of children or labeling children as children involved in armed 
conflict 
(c.) It shall also be unlawful for parents, ascendants, guardians, step parents or 
collateral relatives within the third degree of consanguinity or affinity or any 
person having control or moral ascendancy to the child to allow, willfully 
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encourage, compel, coerce, or influence their child or children to be part of an 
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anned group or a governmental anned force. 
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CHAPTER 4 
5 
PENALTIES AND PRESCRIPTION OF CRIME 
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SEC. 9. Penalties. - The following penalties and sanctions are hereby imposed 
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for the offenses enumerated in this Act: 
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(a) Any person found guilty of committing any of the acts enumerated in subparagraphs 
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1,2,3 and 4 of paragraph (a) Section 8 of this Act shall suffer the penalty of life 
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imprisonment and a fine of not less than Two million pesos (P2, 000,000.00) but not 
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more than Five Million Pesos P5, 000,000.00) 
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(b)Any person found guilty of committing any of the acts enumerated in subparagraphs 
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5,6,7,8,9,10,11 and 12 of paragraph (a) Section 8 of this Act shall be punished with 
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an imprisonment of not less than fourteen (14) years but not more than twenty (20) 
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years and a flne of not less than One Million Pesos (Pl,OOO.OOO.OO) but not more than 
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Two Million Pesos (P2,000,000.00); Provided where the crimes committed resulted 
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in the killing, torture, maiming, or rape of children in subparagraphs 1,2,3 and 4 of 
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paragraph (a) Section 8, the penalty imposed shall be that of Section 9(a) of this Act; 
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(c )Any person found guilty of committing any of the acts enumerated in subparagraphs 
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1,2,3,4 and 5 paragraph (b) Section 8 of this Act shall be punished with an 
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imprisonment of not less than six (6) years but not more than twelve (12) years and a 
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fine of not less than Five Hundred Thousand Pesos (p500,000.00) but not more than 
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One Million Pesos (PI,OOO,OOO.OO). 
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(d) Parents, ascendants, guardians, step parents or collateral relatives within the third 
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degree of consanguinity or affinity or any person having control or moral ascendancy 
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to the child to allow, willfully encourage, compel, coerce, or influence their child or 
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children to be part of an anned group shall be punished with not less than six years 
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but not more than twelve years. PrOVided, However That, parents, ascendants, 
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guardians, step parents or collateral relatives within the third degree of consanguinity 
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or affinity or any person having control or moral ascendancy to the child found guilty 
hereof may be allowed to serve the minimum period of imprisonment based on the 
sound discretion of the courts guided by the principles of parens patriae. 
SEC. 10. Non-implementation or Violation of any otlter Provisions of tltis Act 
or tlte Rules and Regulations in General. - Any public officer, who shall knowingly and 
maliciously prevent, prohibit, refuse or discontinue the implementation of any provisions 
of this Act or any rules and regulations promulgated in accordance thereof, or in any 
other way violate them, if such officer has the duty to implement shall be punished by 
imprisonment of not less than six years but not more than twelve years and perpetual 
absolute disqualification. 
Any such officer who shall prevent, prohibit, refuse or discontinue the 
implementation of this Act or its rules and regulations, or in any other way violate them 
by reason of inexcusable negligence or ignorance, shall be punished with an 
imprisonment of not less than one month but not more than six months and temporary 
special disqualification. 
The public officer liable under this Section shall, in addition to the imprisonment, 
be held administratively liable under existing applicable laws. 
Any person who shall commit any other act not covered in Section 8, which shall 
result in prejudicing the rights of CIAC, CAAC or IDC protected under this Act shall be 
punished with an imprisonment of not less than six months but not more than six years. 
SEC. 11. Foifeiture of Proceeds, Property alld Assets. - The court shall order 
the forfeiture of proceeds, property and assets derived, directly or indirectly, from the 
crimes defined and penalized in this Act, without prejudice to the rights of the bona fide 
third party. The court shall impose the corresponding accessory penalties under the 
Revised Penal Code, especially where the offender is a public officer. 
13 


1 
The liabilities imposed in this Act shall not prejudice the application of other 
2 
existing criminal, civil and administrative liabilities that may additionally be imposed 
3 
upon the person. 
4 
SEC. 12. Non-prescription. - The crimes defined and penalized under this Act, 
5 
their prosecution, and the execution of sentences imposed on their account, shall not be 
6 
subj ect to any prescription. 
7 
8 
CHAPTERS 
9 
PRINCIPLES OF CRIMINAL LIABILITY AND 
10 
APPLICATION OF PENALTIES 
11 
12 
SEC. 13. Individual Criminal Responsibilities. - Any person committing such 
13 
as crime shall be criminally liable for a crime defined and penalized in this Act, whether 
14 
as an individual, jointly with another or through another person, regardless of whether 
15 
that other person is criminally responsible. 
16 
17 
SEC. 14. Irrelevance of Official Capacity. - This Act shall apply equally to all 
18 
persons without any distinction based on official capacity. In no case shall the official 
19 
capacity exempt a person from criminal responsibility or constitute a ground for 
20 
reduction of sentence. 
21 
22 
SEC. 15. Responsibility of Superiors. - In addition to other grounds of criminal 
23 
responsibility for crimes defined and penalized under this Act, a superior shaH be 
24 
criminally responsible for such crimes committed by subordinates where: 
25 
(a) That superior either knew or, owing to the circumstances at the time, should have 
26 
known that the subordinates were committing or about to commit such crimes; 
27 
(b) That superior failed to take all necessary and reasonable measures within his/her 
28 
power to prevent or repress their commission or to submit the matter to the competent 
29 
authorities for investigation and prosecution. 
30 
31 
SEC. 16. Orders from a Superior. - The fact that a crime defined and penalized 
32 
under this Act has been committed by a person pursuant to an order of a superior, shall 
14 


• 
I 
not relieve that person of criminal responsibility unless all of the following elements 
2 
occur: 
3 
( a) The person was under a legal obligation to obey orders of the superior in question; 
4 
(b) The person did not know that the order was unlawful; and 
5 
(c) The order was not manifestly unlawful. 
6 
For the purposes of this section, orders to commit grave child rights violations 
7 
enumerated in Section 8 are manifestly unlawful and shall be punished by this Act and 
8 
other applicable existing laws. 
9 
10 
SEC. 17. Unknown Superior. - Where the crimes defined and penalized under 
II 
this Act have been committed by a person pursuant to an order or command of unknown 
12 
superior, any person who in fact directed the others, spoke for them, signed receipts and 
13 
other documents issued in their name, or who has performed similar acts, on behalf of the 
14 
armed groups shall be deemed the superior. 
15 
CHAPTER 6 
16 
INVESTIGATION, PROSECUTION AND COURT 
17 
18 
SEC. 18. Court, Prosecutors and Investigators. - The Family Courts shall have 
19 
original and exclusive jurisdiction over the crimes punishable under this Act. 
20 
The Commission on Human Rights (CRR), the Department of Justice (DOJ) and 
21 
its attached agencies, the Philippine National Police (PNP) or other concerned law 
22 
enforcement agencies shall designate prosecutors or investigators, as the case may be, for 
23 
cases involving crimes punishable under this Act. 
24 
The State shall ensure that judges, prosecutors and investigators, especially those 
25 
designated for purposes of this Act, receive effective training in human rights particularly 
26 
on Convention on the Rights of the Child and its Optional Protocol on involvement of 
27 
CIAC and related international instruments, International Humanitarian Law and 
28 
International Criminal Law. 
29 
15 


I 
SEC. 19. Requirement and Procedures on Age Verification and Presumption 
2 
of Minority. - The child involved in, affected or displaced by armed conflict shall enj oy 
3 
the presumption of minority and shall enjoy all the rights of a child recognized in this Act 
4 
and other applicable laws unless proven to be eighteen (18) years or older. 
5 
The age of a child may be determined from the child's birth certificate, baptismal 
6 
certificate or any other pertinent docmnents. In the absence of these documents, age may 
7 
be based on information from the child, testimonies of other persons, the physical 
8 
appearance of the child and other relevant evidence. In case of doubt as to the age of the 
9 
child, it shall be resolved in favor of minority. 
10 
Any person contesting the age of the child prior to the filing of the information in 
11 
any appropriate court may file a case in a smnmary proceeding for the determination of 
12 
age before the Family Court, which shall decide the case within twenty four (24) hours 
13 
from receipt of the appropriate pleadings of all interested parties. 
14 
If a case has been filed against the child and is pending in the appropriate court, 
15 
the person shall file a motion to determine the age of the child in the same court where 
16 
the case is pending. Pending hearing on the said motion, proceedings on the main case 
17 
shall be suspended. 
18 
In all proceedings, law enforcement officers, prosecutors, judges and other 
19 
government officials concerned shall exert all efforts at determining the age of the child 
20 
in armed conflict. 
21 
22 
SEC. 20. 
Protection of Victims and Witnesses. - In addition to existing 
23 
provisions in Philippine law for the protection of victims and witnesses, the following 
24 
measures shall be undertaken: 
25 
(a) The Court shall take appropriate measures to protect the safety, physical and 
26 
psychological well-being, dignity and privacy of child victims and witnesses. In so 
27 
doing, the Court shall have regard of all relevant factors, including age, gender and 
28 
health, and the nature of the crime, in particular, but not limited to, where the crime 
29 
involves sexual or gender based violence or violence against children; 
16 


1 
(b) The Court shall protect the privacy of child victims and witnesses and observe 
2 
confidentiality consistent with existing rules on examination of child victims and 
3 
witnesses; 
4 
(c) Where the personal interests of the child victims are affected, the court shall consider 
5 
the child victim's views and concerns in accordance with established rules of 
6 
procedure and evidence; 
7 
(d) Where the disclosure of evidence or information may be prejudicial to the security of 
8 
the child witness or the family, the prosecution may withhold such evidence or 
9 
information and instead submit a summary thereof consistent with the rights of the 
10 
accused to a fair and impartial trial. 
11 
12 
SEC. 21. 
Reparation to Victims. - In addition to existing prOVlSlOns m 
13 
Philippine law and procedural rules for reparations to victims, the following measures 
14 
shall be undertaken: 
15 
(a) The Court shall follow the principles relating to the reparations to, or in respect of, 
16 
child victims, including restitution, compensation and rehabilitation taking into 
17 
consideration the scope and extent of any damage, loss or inj ury suffered by child 
18 
victims; 
19 
(b) The Court shall make an order directly against a convicted person specifYing 
20 
appropriate reparations to child victims, including restitution, compensation and 
21 
rehabilitation; and 
22 
(c) Before making an order under this section, the court may invite and shall take account 
23 
of representations from or on behalf of the convicted person, child victims or other 
24 
interested persons. 
25 
Nothing in this section shall be interpreted to prejudice the rights of child victims 
26 
under national or international law. 
27 
28 
SEC. 22. Immunity from Suit for Persons Providing Assistance. - Any person 
29 
who shall take custody of children involved in armed conflict to ensure their safety or 
17 


, 
1 
provide them any fonn of assistance shall be exempt from any civil, criminal and 
2 
administrative liability provided that the person shall report it to the Local Social Welfare 
3 
and Development Office (LSWDO), Philippine National Police (PNP) 
or to the 
4 
Barangay office within forty eight (48) hours. 
5 
6 
CHAPTER 7 
7 
PREVENTION, REHABILITATION AND REINTEGRATION, 
8 
RESCUE, RELEASE 
9 
10 
SEC. 23. PreventiolL - The State shall take all feasible measures to prevent the 
II 
recruitment, re-recruitment, use or displacement of CIAC. It shall take all necessary 
12 
measures to ensure the effective implementation and enforcement of the provisions of 
13 
this Act. Towards this end the State shall: 
14 
(a) prioritize children's issues in the peace program of the Government and include 
15 
children's concerns, specifically the effects of anned conflicts, in peace negotiations; 
16 
(b) include peace, human rights, and protective behavior skills as fundamental subjects in 
17 
the education system; 
18 
(c) provide educational assistance, whether formal or alternative learning system, that is 
19 
child and culturally sensitive; 
20 
(d) develop and implement training programs and campaign towards promoting a culture 
21 
of peace and respect for human rights in collaboration with civil society 
22 
organizations; 
23 
(e) provide capacity building for Local Governance and Community Development, and 
24 
ensure the participation of various organizations, especially of children's and people's 
25 
organization at the community level. These organizations shall be involved in 
26 
consultation and decision-making processes and in the development and 
27 
implementation of programs, projects and activities established for them; 
28 
(f) establish livelihood programs which shall be made available to communities in 
29 
identified priority areas in order to alleviate the living conditions of the people; 
30 
(g) make available basic health services in health facilities in identified priority areas. 
31 
Culturally sensitive nutrition program and activities including but not limited to 
18 


I 
supplementary feeding shall also be made available. Efforts to support traditional 
2 
health practices in indigenous peoples area shall also be initiated; 
3 
(h) establish basic facilities and infrastructure needed; 
4 
(i) ensure that child protection mechanisms are present and functional; and 
5 
(j) establish a comprehensive, effective and 
efficient system for monitoring and 
6 
reporting and response for violations as provided in Section 8 ofthis Act. 
7 
8 
SEC. 24. Rescue, Rehabilitation and Reintegration - The State shall institute 
9 
policies, programs and services for rescue, rehabilitation and reintegration of children 
10 
involved in, affected by or displaced by armed conflict. The programs shall aim at 
II 
providing services for children while involving their families, communities and other 
12 
entities to facilitate the children's reintegration process. 
13 
These services shall include but not be limited to psychosocial support, health and 
14 
nutrition, education, livelihood for families and other basic services, and legal services as 
15 
may be necessary. 
16 
Any program interventions shall be designed with due respect to the culture of 
17 
each child, family and community. The child shall, at all times, be provided with legal 
18 
assistance and physical security upon rescue. 
19 
The State shall take into account the following in the rescue, rehabilitation and 
20 
reintegration of children: 
21 
( a) Rescue: The State shall provide for adequate measures and mechanisms to facilitate 
22 
the recovery, either voluntary or involuntary, of children from armed groups or 
23 
governmental armed forces. It shall provide legal and physical security to children 
24 
involved in armed conflict including services such as family tracing and system of 
25 
referral or response on various psychosocial services needed by the victims; 
26 
(b) Rehabilitation: The State shall facilitate the nonnal development of children victims 
27 
in their post-involvement phase. 
It shall provide services including therapeutic 
28 
counseling, security and protection, educational assistance and livelihood 
19 


1 
opportunities to their parents, relatives or guardians or to the victims when they 
2 
become of age; 
3 
(c) Reintegration: The State shall bring children back to their families or communities 
4 
whenever possible. This shall involve services including provision of alternative 
5 
parental care. Trainings aimed to enhance community readiness in the reintegration of 
6 
these children shall also be undertaken. Whenever possible, interventions for children 
7 
shall be done with respect to their opinion. Interventions for indigenous peoples (IP) 
8 
children shall be conducted in recognition of the traditional structures and institutions 
9 
of their communities. 
10 
11 
SEC. 25. Release of Children Involved in Armed Conflict (CIAC)- The State 
12 
shall take all feasible measures to ensure that children recruited or used in hostilities 
13 
contrary to this Act are released from service. 
14 
For the purposes of this Act, the release of children and other activities relative to 
15 
such, shall be initiated independent of any negotiated peace agreements. 
16 
The State, through its concerned agencies, in coordination with other stakeholders 
17 
shall have the following duties: 
18 
( a) Develop a child-specific release and reintegration program. This program should not 
19 
make as a requirement the surrender of arms by CIAC who have assmned non-
20 
combatant roles; 
21 
(b) Monitor and document the status of CIAC who undergo either formal or informal 
22 
demobilization process; 
23 
(c) With due regard to the right to privacy of CIAC, their security and safety, and 
24 
considering the confidentiality of records, share data and information by both 
25 
government and non-govermnent organizations to assess the needs of released CIAC 
26 
and to formulate ways to address these needs, and be informed of their status and 
27 
updates of demobilized CIAC; 
28 
(d) Mobilize and strengthen networks for referrals; 
20 


, 
" 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(e) Provide free legal assistance to demobilized CIAC ensuring that the legal needs of the 
fonner CIAC will be addressed, such as, the prohibition or stoppage of filing charges 
or dismissal of cases against CIAC as criminal or political offenders irrespective of 
their association with any anned group or force; 
(f) Ensure the formal release of CIAC through various approaches such as negotiating 
through the Government Peace Negotiating Panel (GPNP). Other criminal armed 
groups that utilize children and are not involved in formal peace negotiation with the 
government shall however, be dealt, in accordance with peace and order or security 
policy as may be provided by the appropriate government agency. Provided, That in 
any demobilization action, the best interest of the child shall prevail. 
SEC. 26. Rescued or Surrendered Children Involved in Armed Conflict (CJAC) 
- Where the CIAC have been rescued or surrendered they shall at all times be treated in a 
child-friendly and sensitive manner. The State at all times shall consider the safety and 
security of the CIAC. The following procedures shall apply without prejudice to the 
application of other existing laws that will uphold the best interests of the child: 
(a) The identity of rescued CIAC shall be protected. 
Any identifying information 
regarding them shall remain confidential; 
(b) Rescued CIAC shall not be used for any political propaganda nor be unnecessarily 
exposed to media in violation of child rights to privacy, security and confidentiality of 
their cases; 
(c) Upon the rescue or surrender of CIAC, the government agencies, in particular, the 
Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), 
Department of National Defense (DND), Local Govennnent Units (LGUs), other 
concerned government agencies and/or Non-Government Organizations (NGOs) in 
possession of CIAC shall report immediately within twenty four (24) hours the 
incident to the Local Social Welfare and Development Office (LSWDO) and Council 
for the Welfare of Children (CWC); 
21 


1 
(d) The Local Social Welfare and Development Office (LSWDO) shall coordinate with 
2 
the agency and/or NGO in possession of CIAC for the turn-over of custody of CIAC 
3 
to DSWD; 
4 
(e) The turnover to LSWDO shall take place within 24 hours or in cases where turnover 
5 
is not possible within the prescribed 24 hour period due to valid reasons and without 
6 
the fault of the person having the custody of the child, the turnover shall be done 
7 
within the next seventy two (72) hours; 
8 
(f) The LSWDO shall facilitate the family tracing and coordinate with parents, relatives 
9 
or guardian of the CIAC to inform them of the turnover; 
10 
(g) The Local Health Office (LHO) in coordination with the LSWDO shall check and 
11 
assess the medical and physical condition of CIAC In cases where medical needs are 
12 
apparent, the LHO shall ensure that medical services or treatment are received by the 
13 
CIAC; 
14 
(h) The LSWDO shall assess the needs of the CIAC and refer to concerned agencies to 
15 
provide immediate assistance or appropriate services; 
16 
(i) The LSWDO, in coordination with other agencies, shall enter the CIAC into the 
17 
child-specific demobilization programs; 
18 
(j) The CIAC shall be reintegrated into the community. In cases where reintegration to 
19 
original community of origin is not feasible for reasons of the CIAC's security, a 
20 
foster community or institution shall be identified. 
21 
22 
CHAPTER 8 
23 
INVOLVEMENT OF 
24 
GOVERNMENT AND NON-GOVERNMENT ORGANIZATIONS 
25 
26 
SEC. 27. 
Involvement of Government Organizations 
(GOs) 
and 
27 
Nongovernment Organizations (NGOs) - To effectively address the issue of CSAC, the 
28 
Council for the Welfare of Children together with its member agencies shall be assisted 
29 
by the following government organizations (GOs) for the proper implementation of this 
30 
Act: 
31 
(a) Armed Forces of the Philippines (AFP) 
22 


• 
• 
1 
(b) Commission on Human Rights (CHR) 
2 
(c) Department of National Defense (DND) 
3 
(d) Local Government Units (LGUs) 
4 
(e) National Commission on Indigenous Peoples (NCIP) 
5 
(f) National Commission on Muslim Filipinos (NCMF) 
6 
(g) National Disaster Risk and Reduction Management Council (NDRRMC) 
7 
(h) Office of the Presidential Adviser on the Peace Process (OP APP) 
8 
(i) Philippine Commission on Women 
9 
(j) Philippine National Police (PNP) 
10 
Child-focused non-government organizations (NGOs) in caring for CSAC shall 
II 
take active part in and strengthen their programs on protecting these children. 
12 
For proper implementation of this Act, all GOs and NGOs including but not 
13 
limited to those identified herein, shall provide their respective counterpart support 
14 
including but not limited to technical, logistical and financial assistance relative to the 
15 
implementation of programs, projects and activities for CSAC, in accordance with their 
16 
mandate and in accordance with existing accounting and auditing rules and regulations. 
17 
All programs should be participatory and should ensure the involvement of 
18 
children, their communities, NGOs, faith-based organizations or groups, and other 
19 
concerned groups. 
20 
CHAPTER 9 
21 
MONITORING AND REPORTING 
22 
23 
SEC. 28. Monitoring and Reporting System - The State, through the CWC in 
24 
coordination with other concerned government organizations shall ensure the 
25 
implementation of the provisions of this Act and shall submit to the President and to 
26 
Congress of the Philippines, the annual report thereof cwe shall establish and maintain 
27 
a database for the monitoring and reporting of CSAC concerns integrated in its 
28 
monitoring system. 
23 


, 
.' 
1 
The CWC may hire additional personnel to complement its present Secretariat to 
2 
perform its functions relative to this Act. 
3 
4 
CHAPTER 10 
5 
TRANSITORY PROVISIONS 
6 
7 
SEC. 29. Childrell Illvolved ill Armed COllflict - Upon the effectivity of this 
8 
Act, criminal cases against children involved in armed conflict shall immediately be 
9 
dismissed and the child shall be referred to the LSWDO. Such office, upon thorough 
10 
assessment of the child, shall detennine whether to release the child to the custody of the 
11 
parents, or refer the child to prevention, rehabilitation, reintegration programs as provided 
12 
under this Act. Those with suspended sentences and undergoing rehabilitation at the 
13 
youth rehabilitation center shall likewise be released, Provided, That the Family Court 
14 
shall, in consultation with concerned agencies determine and order the appropriate 
15 
prevention, rehabilitation, reintegration programs the person shall undergo as provided in 
16 
this Act. 
17 
18 
SEC. 30. IlIvelltory of Custody ofCSAC - The AFP, the PNP, the BJMP, the 
19 
DSWD, the NCIP, NCMF, and the concerned LGUs are hereby directed to submit to the 
20 
CWC, within ninety (90) days from the effectivity of this Act, an inventory of all CSAC 
21 
under their custody, 
22 
23 
SEC. 31. Childrell Who Reach the Age of Eighteen (18) Years Pelldillg Court 
24 
Proceedillgs 01' ill Suspellded Selltellces - If a child reaches the age of eighteen (18) 
25 
years pending court proceedings, the Family Court shall dismiss the case against the 
26 
person and determine in consultation with concerned agencies for the need to undergo 
27 
appropriate rehabilitation and reintegration programs provided in this Act. 
28 
Those with suspended sentences and undergoing rehabilitation at the youth 
29 
rehabilitation center shall likewise be released: Provided, That the Family Court shall, in 
24 


, 
." 
~ 
1 
consultation with concerned agencies determine and order the appropriate rehabilitation, 
2 
reintegration programs the person shall undergo as provided in this Act. 
3 
4 
SEC. 32. Children Who Have Been Convicted and are Serving Sentence. -
5 
Persons who have been convicted and are serving sentence at the time of the effectivity 
6 
of this Act, and who were below the age of eighteen (18) years at the time the 
7 
commission of the offense for which they were convicted and are serving sentence, shall 
8 
likewise benefit from the retroactive application of this Act. They shall be entitled to 
9 
appropriate dispositions provided under this Act and their sentences shall be adjusted 
10 
accordingly. They shall be immediately released if they are so qualified under this Act or 
11 
other applicable law. 
12 
CHAPTER 11 
13 
FINAL PROVISIONS 
14 
15 
SEC. 33. Implementing Rules and Regulations - The CWC together with its 
16 
member agencies and OPAPP, with the involvement of CSOs, shall promulgate the 
17 
implementing rules and regulations of this act within 90 days from the approval of this 
18 
Act. All govermnent agencies enumerated in Sec. 27 of this Act shall be consulted in so 
19 
far as the drafting of their responsibilities are concerned. 
20 
NGOs involved in caring for CSAC shall likewise be consulted in the drafting of 
21 
the implementing rules and regulations of this act. 
22 
23 
SEC. 34. Appropriations -The amount of Ten Million is hereby appropriated to 
24 
the CWC for the initial implementation of this Act. Said amount shall be funded from the 
25 
gross income of the Philippines Amusement and Gaming Corporation (PAGCOR) and 
26 
shall be directly remitted to a special account of the CWe. Thereafter, for the continued 
27 
implementation of this Act, such sums shall be included in the annual General 
28 
Appropriations Act (GAA). 
29 
25 


• 
.' 
1 
SEC. 35. Repealing Clause - Article X Sections 22 to 26 ofRA 7610, all laws, 
2 
acts, presidential decrees, executive orders, administrative orders, rules and regulations 
3 
inconsistent with or contrary to the provisions of this Act are deemed amended, modified 
4 
or repealed accordingly. 
5 
6 
SEC. 36. Separability Clause - If any part or provision of this Act is declared 
7 
invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid. 
8 
9 
SEC. 37. Effectivity Clause - This Act shall take effect fifteen (15) days upon 
10 
completion of its publication in the OffiCial Gazette or in at least two (2) national 
11 
newspapers of general circulation 
Approved, 
26