FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1245 
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INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
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There are at present several laws and ordinances upholding, protecting, 
and! or promoting, the rights and welfare of the Filipino children. 
The two 
noteworthy laws are RA 7610, otherwise known as the "Special Protection of 
Children Against child Abuse, Exploitation and Discrimination Act and RA 7658, 
An Act Amending in Section 12, RA 7610 (on Child Employment). 
This notWithstanding, violations and malicious disregard of children's 
rights and welfare are to date increasing. Evil men remain undeterred in their 
commission of evil against children. 
RA 7610 is comprehensive enough in defining and providing penalties for 
the different acts and!or omissions of child abuse, exploitation and discrimination. 
But the law does not mandate the creation of a body that shall exclusively be in 
charge of pursuing and ensuring the successful prosecution of perpetrators. 
Existing public and private agencies have proven to be effective in 
reporting and monitoring child abuses, exploitation and discrimination. But they 
have not been as effective in the prosecution and ultimately the successful final 
conviction of violators of children's right. For more often than not, the 
complainants, due to financial reasons, among others, abandon and!or lose 
interest in pursuing the case. 
Hence, the criminals go scot-free, remaining 
unrestrained to commit their crimes all over again. 
What we need therefore is a body which shall be powerful and aggressive 
enough to initiate investigation and pursue the prosecution, on its own, of any all 
incidences of child abuse, exploitation and discrimination. The body must be 
intervene in any and!or all cases, criminal or otherwise, child abuse, exploitation, 
and discrimination, particularly but not limited to cases where the parent, 
guardian, teacher or person having care or custody of the child fails or is unable 
to FULLY represent and protect the child's rights. 
We need, therefore, a 
guardian exclusively of children's rights. 
We ought, to create the office of 
"TANODBATA" 
Approval of this bill is earnestly sought, 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
' 
SENATE 
'c
i 
Senate Bill No, 1245 
.; ,,' 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
CREATING THE OFFICE OF TANODBATA AND PROVIDING 
FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Title. - This Act shall be known as Tanodbata Act." 
SEC. 2. Declaration of Policy,- It is hereby declared the policy of the 
State as 'PARENS PATRIAE' of the Filipino people, particularly of the Filipino 
children, to provide not only special protection to children from all forms of abuse, 
neglect, cruelty, exploitation and discrimination, and other conditions prejudicial 
to 
their development but also to ensure the prosecution and conviction of 
perpetrators of child abuse, exploitation and discrimination, The State shall 
intervene and initiate criminal complaints on behalf of the child when parent, 
guardian, teacher or person having care or custody of the child fails or is unable 
to initiate and/or pursue the prosecution for child abuse, exploitation. 
SEC. 3. Definition of Terms.-
(a) "Children" refers to' persons below eighteen (18) years of age which 
shall include the conceived but unborn child or those over eighteen (18) years 
but who are unable to fully take care of themselves or protect themselves from 
abuse, neglect, cruelty, exploitation or discrimination because of a physical or 
mental disability or condition. 
(b) 
"Office" means the office ofTanod Bata. 
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(c) 
"Child Abuse" refers to any act or omission as defined and 
penalized by republic Act No. 7610, otherwise known as the "Special Protection 
of children Against Child Abuse, Exploitation and Discrimination Act, " and/or 
crimes against children, including the conceived but unborn child as provided for 
by the Revised penal Code and other pertinent laws. 
SEC. 4. The Office of the Tanodbata. - There is hereby created the 
independent Office of the Tanodbata, composed of the Chief Tanodbata and 
three (3) Deputy Tanodbata. 
SEC. 5. Appointment of the Chief and Deputy Tanodbata.- The Chief 
Tanodbata and the Deputies shall appointed by the President. The Chief 
Tanodbata shall have rank and receive the salary of an associate justice of the 
Court of Appeals while, the deputies shall have the rank and receive the salary of 
a judge of the Regional Trial Court (RTC). 
SEC. 6. Qualifications. - The Chief Tanodbata and his Deputies shall be 
natural-born citizens of the Philippines, and at the same time of their 
appointment, at least thirty-five (35) years old, of recognized probity and 
independence, members of the Philippine bar and have proven ability and 
experience analyze problems law, administration, and public policy. They must 
have for five (5) years or more been a judge or engaged in the practice of law in 
the Philippines and shall not have been actively involved in partisan politics. 
SEC. 7. Disqualification- The Chief of Tanodbata and his Deputies shall 
not, during their tenure in office, engage in the practice of any profession or in 
the management of any business, or be financially interested directly or indirectly 
in any contact with or in any franchise or privilege granted by the Government or 
any subdivision, agency, or instrumentality thereof including government-owned 
or controlled corporations. 
SEC. 8. Term of Office.- The Chief Tanodbata and his Deputies shall 
serve for a term of seven (7) years without reappointment. 
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If the Office of the Chief Tanodbata becomes vacant for any cause, the 
Senior Deputy Tanodbata shall serve as Acting Chief Tanodbata until a Chief 
Tanodbata shall have been appointed for full term. 
SEC.9. Organization of Office.- the Office shall have one (1) Executive 
Director and an Administrative Officer, a Finance, Management and Planning 
Office, a Legal Office and an Investigation and Prosecution Office. 
The Executive! Director shall have the rank of a judge of the Metropolitan 
Trial Court and shall receive the same salary. Each of the aforesaid offices shall 
be headed by a Director which shall have the rank and receive the salary of 
Clerk of Court of the Regional Trial Courts. 
The Investigation and Prosecution Office shall, aside from the Director, 
have three (3) special prosecutors and three(3) investigators or one (1) special 
prosecutor and one (1) investigator for Luzon, Visayas and Mindanao. The 
Special Prosecutors shall have the rank and receive compensation equivalent to 
that of an Assistance City prosecutor (Assistant fiscal); while the investigators 
shall have the rank and receive the salary of a Regional Trial Court Assistant 
Sheriff. 
The Legal office shall aside from the Director have three (3) Legal Officers 
or one (1) each for Luzon, Visayas and Mindanao. They shall also have the rank 
and receive salary equivalent to an Assistant City Prosecutor Assistant Fiscal). 
The Administrative Office shall consist of the General Services Division 
and Personnel Division. 
The finance, Management and Planning Office shall consist of the Budget 
Division, Accounting Division ahd Management Planning Division. 
All of these officials shall be appointed by the President upon 
recommendation of the Chief Tanodbata. The Chief Tanodbata may also select, 
appoint, and compensate in accordance with law and within the amount available 
by appropriation, such other assistants and employees as may be necessary to 
discharge the responsibilities of the office under this law. 
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When the Chief Tanodbata is disabled or absent and so notifies his office, 
the Senior Deputy Tanodbata shall have authority to act on his stead. 
The Chief Tanodbata may delegate to other members of his staff any of 
his authority or duties under this law except his power of decision in all cases 
and duty of formally making recommendations to administrative agencies or 
reports to the President or to Congress. 
SEC.10. Powers, Functions and Duties.- The office shall have the 
following powers, functions and duties. 
1. Investigate, on complaint by any person or its own, and initiate court 
action, criminal or otherwise, or in any manner proceed against any 
person corporation or firm for any and all commissions of child abuse. 
2. Prescribe the methods by which complaints are to be made, received 
and acted upon; determine the scope and manner of investigations to 
be made, and the form, frequency and distribution of its conclusions 
and recommendations; 
3. Issue subpoena to compel any person to appear, give sworn 
statemenUtestimony, or produce documentary or other evidence which 
the office deems relevant to a matter under his inquiry; 
4. Utilize the personnel of its office and/or with the approval of the 
Secretary of justice, designate or deputize any fiscal/state prosecutor 
or lawyer of the Justice Department to act as special investigator or 
prosecutor to assist' the Office in the investigation and prosecution of 
child abuse case; 
5. Appear in any court as special prosecutor in any criminal action and/or 
complaint in any case involving the commission of child abuse when in 
its judgment its intervention is necessary or when requested by the 
Court; 
6. Direct any government agency to render assistance and furnish 
information necessary to children's right and welfare, in order to 
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enhance the condition of the Filipino children and improve its own 
functions; 
7. Prepare and present to the President and Congress an annual report 
on its accomplishments, disposition of cases, other relevant funds, 
problems 
and 
obstacles 
encountered, 
financial 
and 
other 
administrative 
information 
as 
well 
as 
its 
insights 
and 
recommendations, when clearly in the public interest, subject to law 
and regulations relating to protection of witness, the right of the victim, 
the collateral rights of the accused and hislher defense, sound 
prosecution practice and proper administration of justice; 
8. Ensure that legislation relating to the protection of children's interest is 
observed; 
9. Propose measures which can strengthen children's safety under the 
law; 
10. Ensure that sufficient information is given t the public and private 
sectors concerning, children's rights and measures required for 
children; and 
11. Promulgate such rules and procedures and exercise such other 
functions or duties as may be provided by law. 
SEC.11 Matters Appropriate for Investigation and Prosecution.- The 
Office shall have the authority to conduct preliminary investigation; to file 
information therefore and to direct and control the prosecution, even on its own, 
of facts andl or omission of child abuse as defined and penalized by RA 7610 
and lor crimes against children including the conceived and unborn as provided 
for by the Revised Penal Code and other pertinent laws. 
SEC.12. Action on Complaints.- The Office of the Tanodbata may 
receive complaints form any source concerning child abuse. At no expense to 
the complainant, the Office shall immediately conduct a suitable investigation into 
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" 
' 
the matters complained of. If after completion of the investigation the Office finds 
a prima facie case of child abuse, it shall file the complaint with the proper court 
or government agency, whether or not the private complaint thereof who initially 
brought the matter to the attention of the Office is willing to pursue the 
complaint/case, The Office may on its own still pursue the prosecution of the 
case for child abuse even if'the parent, guardian or any other person, having 
care and custody of the child has entered into an out-of-court settlement of the 
case. 
The Chief Tanodbata, his Deputies, investigators and prosecutors, 
whether regular members of his staff or designated by the Office as provided for 
in Section 10, shall have the authority to administer oaths, to issue subpoena 
duces tecum, to summon and compel witness to appear and testify under oath 
before them and/or bring documents and other things under their control and to 
secure the attendance or presence of any absent or recalcitrant witness through 
application before the courts having jurisdiction of the place where the witness or 
evidence may be found. 
SEC.13. Duty to Render Assistance to the Office of the Tanodbata.-
Any public official or employee when called upon or required by the Office, is 
duty bound to render assistar:lce to the office, otherwise he shall be subject to 
administrative disciplinary action. 
SEC.14. Obstruction.- Any person who shall willfully obstruct or hinder 
the proper exercise of the office functions or who shall, after due hearing, be 
punished with a fine not exceeding FIFTEEN THOUSAND PESOS (P15,000.00), 
without prejudice to any crimin,al or other administrative liability. 
SEC. 15. Franking Privileges.- All official mail matters and telegrams of 
the office addressed for delivery within the Philippines shall be received, 
transmitted and delivered free,of charge. 
SEC,16. Appropriation.- The amount of FIFTEEN MILLION PESOS 
(P15,000,000.00) is hereby authorized to be appropriated equally from the 
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savings of the Department of justice, Department of social welfare and 
Development and from the office of the President as the initial amount to 
implement the provision of thrs Act. 
Thereafter a regular appropriation shall be included in the annual General 
Appropriations Act for the support and maintenance of the office. 
SEC. 17. SeparabilityClause.- Any part or proVisions of this Act which 
may be held invalid or unconstitutional shall not affect its remaining parts or 
provisions. 
SEC. 18. Repealing Clause.- All laws or parts thereof inconsistent with 
any provision of this Act are hereby repealed or modified accordingly. 
SEC. 19. 
Effectivity.- this Act shall take effect upon completion of its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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