Ropublc ofthe Biippnes
House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL No. 3137

Introduced by Representatives Ferdinand Martin G. Romualdez, Yedda
Marie K. Romualdez, Andrew Julian K. Romualdez and Jude A. Acidre

AN ACT
PROVIDING FOR THE MAGNA CARTA OF CHILDREN

EXPLANATORY NOTE

The Constitution provides that “the State shall defend the right of children to
assistance, including proper care and nutrition and special protection from all forms
of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development.” It is in view of this obligation that the instant Magna Carta of
Children seeks to fulfill.

The Magna Carta of Children (MCC) is a comprehensive children's human
rights law that seeks to advocate for all children in the Philippines and all Filipino
children, through the recognition, protection, fulfillment, and promotion of their
rights, especially those belonging to the marginalized sectors of society. It is the
singular, most comprehensive, and cohesive legal framework for children’s right to
protection and development.

The MCC establishes the Philippine government’s commitment to the United
Nations Convention on the Rights of the Child (UNCRC) after its ratification on
Aug. 21, 1990, to take all appropriate measures to respect and ensure the rights of
children. It embodies the four basic principles of the UNCRC, children’s right to


non-discrimination, the best interest of children, their right to life and development,
and their right to participation in all matters that affect them.

The UNCRC defines a child as a person under 18 years of age. It
acknowledges the primary role of parents and the family in the care and protection
of children, as well as the obligation of the State to help them carry out these duties.
It contains different types of rights and is not ranked in order of importance but they
interact with one another to form one integrated set of rights. The MCC shall adopt
a child’s rights approach and shall group these articles under the following themes:
RIGHT TO LIFE AND SURVIVAL, RIGHT TO DEVELOPMENT, RIGHT
TO BE PROTECTED, and RIGHT TO PARTICIPATE.

The MCC codifies existing legislation and harmonizes it with the provisions
of UNCRC to protect the rights of children. This shall serve as a guide to the policies
of the government to protect and fulfill the rights of children with the same general
human rights as adults and rights that recognize their special needs. This shall also
strengthen the child-serving institutions of the government and enable all levels of
the Philippine government to act in the best interests of all Filipino children.

The MCC mandates all government offices, including government-owned and
controlled corporations and local government units to adopt a comprehensive and
integrated strategy through the development and implementation of laws, policies,
regulatory instruments, administrative guidelines, and other appropriate measures to
implement the provisions of the MCW and other related laws and policies and
uphold the rights of Filipino children and create an environment that would steer
their growth and welfare in all aspects of life.

In view of the foregoing, the passage of this bill jqearnestly sought.

FERDINAND MAI G. IMUALD) DA MARIE K. ROMUALDEZ

ANDREW JULIAN K. ROMUALDEZ JUDE A. ACIDRE


Republic ofthe Philippines
House of Representatives
Quszon City, Metso Mlaile

Twentieth Congress
First Regular Session

HOUSE BILL NO. 3137

Introduced by Representatives Ferdinand Martin G. Romualdez, Yedda
Marie K, Romualdez, Andrew Julian K. Romualdez and Jude A. Acidre

AN ACT
PROVIDING FOR THE MAGNA CARTA OF CHILDREN

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as “The Magna Carta of
Children”.

SEC. 2. Declaration of Policy. — \t is the policy of the State to:


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. Recognize children as bearers of human rights, value the dignity of every

child, and guarantee respect for the human rights of the child;

. Exert every effort to protect, respect, and fulfill the rights of children as unique

and valuable human beings with individual personalities, distinct needs,

interests, and privacy;

. Recognize that children require special protection and care due to their unique

and particular vulnerabilities, developing capacities, and evolving

psychological maturity;

. Acknowledge the crucial role of children in nation-building by actively

promoting and protecting their physical, moral, spiritual, intellectual, and
social well-being, fostering patriotism and nationalism and encouraging

responsible engagement in public and civic affairs;

. Ensure that institutions, services, and facilities responsible for the care or

protection of children adhere to the standards set by competent authorities;

: Undertake and implement all appropriate legislative, administrative, and other

measures to uphold the civil and political rights of children;

. Protect children from environmental risks and climate change, and provide

remedies for related impacts, or challenges, or climate stressors;


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Ensure the realization of the United Nations Convention on the Rights of the
Child (UNCRC) by respecting, protecting, and fulfilling children’s rights and
by taking proactive measures to prevent any actions or omissions that could

violate the Convention;

. Respect the responsibilities, rights, and duties of parents, parent-substitutes,

extended family, or community, as defined by local customs;

|. Actively discourage harmful traditional and cultural practices that foster

discrimination, abuse, and exploitation of children;

. Safeguard the fundamental rights of children before, during, and after

disasters and emergencies that threaten their survival and development;

|. Provide special protection to children in situations of armed conflict from all

forms of abuse, violence, neglect, discrimination, and other conditions
prejudicial to their development, taking into consideration physical and

mental capacity, gender, culture, ethnicity, and religion;

. Encourage the relevant agencies and organizations to formulate guidelines or

standards for the conduct of a mandatory Work with Children Check for
employees or personnel directly working or engaging with children to confirm

their eligibility and suitability for working with children;


n. Protect, rehabilitate, and reintegrate children severely threatened by
circumstances beyond their control that impact their survival and

development; and

. Fully implement and comply with all international treaties and conventions

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on children's rights to which the Philippines is a signatory or State Party.
These include the Universal Declaration of Human Rights, the International
Labour Organization (ILO) Convention No. 182 on the Elimination of the
Worst Forms of Child Labor, the UN Convention Against Transnational
Organized Crime and its Protocols, the ASEAN Convention against
Trafficking in Persons, Especially Women and Children, and other relevant

human rights instruments.

SEC. 3. Guiding Principles of the Rights of the Child. — The State shall respect,
protect, and fulfill children’s rights by taking proactive measures to prevent any acts
or omissions that may violate the UNCRC as well as adopting a child-rights based
approach to childcare and protection. To this end, the State shall be guided by the

following principles:

a. Non-discrimination. — The State shall ensure and uphold the rights of all
children within its jurisdiction without discrimination of any kind, regardless
of the child’s or parent's, or parent-substitute’s race, gender, sexuality or
sexual orientation, color, sex, language, religion, political views or opinion,
nationality, ethnicity or social origin, membership in indigenous cultural
communities/indigenous peoples (ICCs/Ps), asylum-seeking, refugee or
migrant status, property, disability, birth, family situation, or any other status.


The State shall take all appropriate measures to protect children from all forms
of discrimination or punishment based on the status, activities, expressed

opinions, or beliefs of their parents, parent-substitutes, or family members;

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. Life, survival, and development. — The State shall acknowledge every child’s
inherent right to life and ensure, to the fullest extent possible, their survival
and holistic development, encompassing physical, mental, spiritual, moral,

psychological, social, environmental, and cultural growth and development;

c. Participation. — The State shall uphold the right of children to freely express
views on matters affecting them, giving due weight to these views based on
the child’s evolving capacities. To this end, the State shall ensure that children
must have the opportunity to be heard in judicial, legislative, and
administrative proceedings, cither directly or through a representative, in a

manner consistent with existing laws; and

d. Best interests of the child, — In all actions concerning children — whether
undertaken by public or private institutions, courts of law, legislative bodies,
or administrative authorities — the best interests of the child shall be a

primary consideration.

CHAPTER II
DEFINITION OF TERMS

SEC. 4. Definition of Terms. — As uscd in this Act:


a. Acquired Immune Deficiency Syndrome (AIDS) refers to a health
condition resulting from infection with the Human Immunodeficiency
Virus (HIV), which weakens the immune system, making an individual

susceptible to opportunistic infections;

b. Best interests of the child refers to the totality of the circumstances and
conditions that are most conducive to the survival, protection, and feelings
of security of the child and most encouraging to the child’s physical,
psychological, and emotional development. It also refers to the least
detrimental alternative available for safeguarding the growth and

development of the child;

©. Child refers to a person below eighteen (18) years of age, or persons
eighteen (18) years or older who are unable to fully care for or protect
themselves from abuse, neglect, cruelty, exploitation, or discrimination due
to a physical or mental disability or condition. Existing laws that extend
this definition to persons over the age of eighteen (18) shall also be

recognized;

d. Child-friendly healthcare approach refers to a rights-based approach
grounded on child-specific developmental needs and evolving capacities,
ensuring children’s participation at every level of decision-making, in

accordance with their age and degree of maturity;


e. Child-friendly spaces refer to spaces where communities create nurturing
environments for children to engage in free and structured play, recreation,
leisure and learning activities. The child-friendly space may provide health,
nutrition, and psychosocial support, and other services or activities which

will restore their normal functioning;

f. Child in conflict with the law (CICL) refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under Philippine

laws;

g. Child-inappropriate content refers to any material that: (a) is illegal, or (b)
though not illegal, may nevertheless be harmful, detrimental to, or
otherwise endanger, the well-being of children. The term includes content
that: (i) exposes children to scams, identity theft, pornography, explicit
content, hate speech, harassment, discrimination, cybercrimes, or similar
activities; (ii) encourages children to cause harm or violence upon
themselves or to others; or (iii) enables children to acquire goods or
services, of to enter into any transaction, which they would otherwise be
unable to do in person without the consent of their parents, parent-

substitutes or legal guardians;

. Child labor refers to work or economic activities performed by children

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that subject them to any form of abuse or exploitation; or conditions that
deprive them of their childhood, potential, and dignity. It encompasses
work and activities that are harmful or dangerous to a child’s health, safety,

orphysical, mental, or psychosocial development. It also includes activities


that interferes with children’s education by depriving them of the
opportunity to attend school, forcing them to leave school prematurely, or
requiring them to combine schooling with excessively long and heavy

work;

i. Child protection refers to measures, structures, and activities designed to

prevent and respond to abuse, neglect, exploitation, and violence affecting
children. It includes the promotion of their development and psychosocial

well-being;

Child sexual abuse or exploitation material or child sexual abuse
material (CSAEM/CSAM) refers to any representation, whether offline, or
by, through or with the use of information and communications technology
(ICT), by means of visual, video, audio, written, or any combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other
means, ofa child engaged or involved in real or simulated sexual activities,
or depicting acts of sexual abuse or exploitation ofa child as a sexual object.
It shall also include materials that focus on the genitalia or other private
body parts of a child;

. Children at risk of statelessness refer to children who are not stateless but
have difficulty in proving that they meet the legal requirements set by law
for the acquisition of nationality, or those whose nationality status are

doubtful, undetermined, or unknown;


L. Children in need of special protection refer to Filipino children, within or
outside the Philippines, who are: abandoned, neglected, abused, or
exploited; with disabilities; victims of sexual abuse, exploitation, or other
forms of sexual violence; victims of trafficking; runaways; involved in
worst forms of child labor; at risk or in conflict with the law; affected by or
involved in illicit drug use, possession, or sale; affected by the war on
drugs; found in street situations or in armed conflict arcas; members of
ICCs/IPs; internally displaced; refugees, stateless, or applying for refugee
or stateless status, or at risk of statelessness; offsprings of person deprived
of liberty; living with HIV/AIDS or other sexually transmitted infections;
victims of natural or human-made disasters; or experiencing any analogous

condition that is harmful to their development;

m. Children in street situations (CISS) refer to: (a) children who rely on the
streets for livelihood, whether they live or work there alone, with peers, or
alongside family members; and (b) a broader group of children who have
developed strong connections to public spaces, where the street is integral

to their daily lives and identities;

n. Children seeking asylum/asylum-seeking children or children applying
{for stateless status refer to children who have submitted an application for

refugee or stateless status, by themselves or with the help of a

representative;

©. Children with disabilities refer to children who have long-term physical,

mental, intellectual, or sensory impairments, which, in interaction with


various barriers may hinder full and effective participation in society on an

equal basis with others;

. Comprehensive newborn screening system refers to a newborn screening
system that includes education of relevant stakeholders; collection and
biochemical screening of blood samples taken from newborns; tracking and
confirmatory testing to ensure the accuracy of screening results; clinical
evaluation and biochemical/medical confirmation of test results; drugs and
medicaV/surgical management and dietary supplementation to address the
heritable conditions; and evaluation activities to access long term outcome,

patient compliance and quality assurance;

|. Evolving capacities of a child refers to the principle that children in
different environments and cultures with varying life experiences, acquire
competencies at different ages, with the process varying according to
circumstances. Competence is not merely a function of age, but shaped by
experience, cultural context, and the level of parental support and

expectation;

. Human Immunodeficiency Virus (HIV) refers to a retrovirus that infects
and impairs cells of the human immune system, compromising their

function and leading to a weakened response;

. Internally displaced children refer to children who have been forced or
obliged to flee their homes or places of habitual residence, due to armed

conflict, situations of generalized or organized violence, violations of


human rights, implementation of development projects, clan wars, ot
natural or human-induced or human-made disasters and hazards, or other

circumstances without crossing intemational borders;

Non-refoulement refers to a fundamental principle of international human
rights and refugee law, which prohibits any State from expelling or
returning ("refouler") refugees to a country where their life or freedom
would be at risk. This applies specifically when the threat arises due to the
individual's race, religion, nationality, membership in a particular social
group, or political opinion, Non-refoulement is also recognized as

customary international law, making it binding on all States;

. Online sexual abuse or exploitation of children (OSAEQ) refers to the use
of ICT as a means to abuse and/or exploit children sexually, which includes
cases in which offline child abuse and/or exploitation is combined with an
online component. This can also include, but is not limited to, the
production, dissemination, and possession of CSAEM; online grooming of
children for sexual purposes; sexual extortion of children, sharing image-
based sexual abuse; commercial sexual exploitation of children;
exploitation of children through online prostitution; and live-streaming of
sexual abuse, with or without the consent of the victim: Provided, That
OSAEC may be used interchangeably with online child sexual exploitation

or abuse (OCSEA);

. Parent-substitute refers to a person other than the biological parent who

has custody over a child and is primarily responsible for the child’s care,


w.

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and physical, moral, and intellectual development, such as foster care
parents, legal guardians, and care providers: Provided, That surrogate
parents shall secure a certification from the proper office of the Department
of Social Welfare and Development (DSWD) confirming them as a parent-
substitute;

Participative network platform providers refer to any person or entity,
including a social media intermediary, that facilitates social communication
and information exchanges which are based on online technologies such as
web, instant messaging, or mobile technologies, that enable users to
contribute to developing, rating, collaborating and distributing internet
content and developing and customizing internet applications or to conduct
social networking. It may also refer to a person or an entity that provides a
platform or site for blogging, video-sharing, picture-sharing, file-sharing

sites, online gaming or instant messaging, among others;

. Physical and humiliating punishment refers to the use of physical force

intended to cause pain or discomfort to a child. Italso refers to other forms
of punishment that debase, degrade, or demean the intrinsic worth and
dignity of the child, or cause a child to feel belittled, humiliated, denigrated,

scapegoated, threatened, scared, or ridiculed;

. Positive parenting refers to a non-violent and solution-focused parenting

approach that teaches and guides children while respecting their rights to
healthy development, protecting them from violence, and encouraging their

participation in learning. This parenting mechanism is achieved by


aa,

providing a warm and caring environment, building the child’s competence
and confidence, assisting the child in understanding and abiding by rules,
fostering healthy relationships, and teaching the child life-long skills and
respect for human rights. It is based on the principles of child’s rights and

development and effective teaching and parenting;

. Reasonable accommodation refers to necessary and appropriate

modifications and adjustments, provided they do not impose a
disproportionate or undue burden. These accommodations are made when
needed in specific cases to ensure that children with disabilities can enjoy and
exercise all human rights and fundamental freedom on an equal basis with

others;

Refugee child refers to a child who, due to a well-founded fear of persecution
based on race, religion, nationality, membership in a particular social group,
or political opinion, is outside their country of nationality and is unable or,
due to such fear, unwilling to avail themselves of the protection of that
country; or who, being stateless and outside their country of habitual

residence, is unable or, due to such fear, unwilling to return;

bb.Restorative justice refers to a principle that emphasizes resolving conflicts

through the active involvement of the victim, the offender, and the
community. Its objectives include obtaining reparation for the victim,
achieving reconciliation between the offender, the offended, and the

community; and ensuring the offender’s reintegration into society. Restorative


justice also aims to enhance public safety by involving all parties in preventive

strategies;

cc. Stateless child refers to a child who is not recognized as a national by any

State under the operation of its laws;

dd.Traditional media refers to established forms of communication, such as

newspapers, radio, television, and billboards among others;

ec. Unaccompanied child refers to a minor who has been separated from both
parents and other relatives and is not being cared for by an adult who, by law

or custom, bears responsibility for their care;

ff. Violence against children refers to any act that inflicts physical, emotional,
or sexual harm, injury, abuse, neglect, maltreatment, or exploitation on
children, including commercial exploitation and acts perceived as discipline
or tradition. This includes actions that hinder a child’s development and result
in actual or potential harm to their health, survival, development, or dignity
within a relationship of responsibility, trust, or power. Violence against
children can occur in various settings, such as the home, school, community,
workplace, public spaces, and cyberspace, and may also arise from or be

exacerbated by forced displacement and statelessness;

gg.Work with Children Check (WWCC) refers to a screening process for
institutions, whether government, private, commercial or non-profit, that

engage directly with children. This process involves a thorough review of


applicants’ and employees’ relevant personal and professional histories to
ensure the protection of children from all forms of harm. By implementing
this check, agencies and organizations can help create safer environments and

uphold the rights of children; and

hh.Worst forms of child labor refer to any of the following:

(1) All forms of slavery, as defined under the Republic Act (RA) No.
9208, as amended, otherwise known as the “Anti-Trafficking in
Persons Act of 2003”, or practices similar to slavery, such as sale and
trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including the recruitment of children for use in

armed conflict; or

(2) The use, procuring, offering, or exposing of a child for prostitution,
for the production of pornography or for pornographic performances;

or

(3) The use, procuring or offering of a child for illegal or illicit activities,
including the production and trafficking of dangerous drugs and

volatile substances prohibited under existing laws; or

(4) Work which, by its nature or the circumstances in which it is carried
out, is hazardous or likely to be harmful to the health, safety or morals
of children.


CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF CHILDREN

SEC. 5. The State as the Primary Duty-Bearer. — The State serves as the primary
duty-bearer of child rights, with the responsibility to respect, protect, and fulfill these
rights. This includes refraining from any form of discrimination or interference with
children’s rights, preventing violence and abuse, and taking proactive measures to
realize these rights. To this end, the State must establish a comprehensive child
protection system, ensuring that effective, age-sensitive, and gender-transformative

mechanisms are in place.

The State shall take necessary steps to implement the provisions of this Act
by adopting child-sensitive policies, guidelines, rules and regulations. This includes
ensuring that businesses respect children’s rights through appropriate regulation,
enforcement, monitoring, coordination, collaboration, and awareness-raising
initiatives. The State shall also require businesses to conduct child rights due
diligence to identify, prevent, mitigate, and address their impact on children’s rights,

including their right to a healthy environment.

The provisions of this Act shall not affect other laws, policies, or measures
that promote the realization of children’s rights and well-being. Customs, traditions,
cultural practices, or religious beliefs inconsistent with the rights and obligations

outlined in this Act shall be discouraged to the extent of that inconsistency.

The duties of the State shall extend to all agencies, branches, subdivisions,

and instrumentalities at all levels of government, including government-owned or


controlled corporations, in accordance with the 1987 Philippine Constitution and

applicable laws defining the specific responsibilities of concerned state entities.

SEC. 6. Role of Parents and Parent-Substitutes. — In the exercise of rights under
this Act, a child shall remain under the authority of his or her parents or legal
guardians. Nothing in this Act shall be construed as a waiver, diminution, or
abrogation of the rights and prerogatives of parents or legal guardians, nor shall it

relieve them of their corresponding duties and responsibilities toward their children.

Parents, parent-substitutes, or other persons legally responsible for the child
shall provide appropriate direction and guidance that align with the evolving
capacities of the child in exercising their rights. They shall promote and employ

positive and nonviolent parenting techniques in raising their children,

SEC. 7. Role of the Private Sector. — The private sector shall respect children’s
rights and act with due diligence to prevent any infringement upon those rights. They
shall assess and identify the impact of their operations on children’s rights and
conduct their business in a manner that respects, protects, and promotes those rights.
They shall support the enforcement of applicable labor laws to ensure that all
employed children enjoy a safe and just working environment; are protected from
abuse, exploitation, and all forms of violence in the workplace; receive fair
compensation, benefits, and entitlements; and are able to participate in matters

relating to their employment.

SEC. 8. Role of the Media and Participative Network Platforms. — Both traditional

media and participative network platforms, whether public or private, shall


disseminate information and materials that promote the social, cultural, spiritual,
moral, physical, and mental well-being of children. They shall also engage in
international cooperation for the production, exchange, and dissemination of such
content. They shall take due regard to the linguistic needs of children belonging to
minority groups, or ICCs/IPs, and those with disabilities. They shall develop
appropriate guidelines to protect children from inappropriate content, information,
or material that may harm their well-being while also respecting the dignity and
privacy of children, providing them with a platform for free participation. The best
interests of the child shall be prioritized when posting, publishing, or airing any
material or data about the child. Furthermore, media and network platforms shall
raise public awareness about children’s rights, promote positive shifts from harmful
attitudes and practices, and inspire action to address and prevent violations of these
rights, They are encouraged to feature positive stories of children's individual and

collective actions that contribute to community and societal change.

SEC. 9. Role of Civil Society Organizations (CSOs). — CSOs play crucial roles in
promoting and safeguarding children’s rights, and the State shall respect their
independence. The CSOs shall ensure safe and inclusive spaces for children's
participation; actively listen to and consult with children on programs and initiatives
that directly or indirectly impact them; and promote collaboration, convergence, and
synergy among CSOs, fostering multi-sectoral and interdisciplinary cooperation to
effectively address the diverse challenges faced by children.

CHAPTER IV
THE RIGHT TO LIFE AND SURVIVAL


SEC. 10. General Principles. — The State shall recognize that every child, regardless
of status or background, has the inherent right to life. This encompasses the
fundamental necessities for a healthy and fulfilling existence: the right to proper
nutrition, adequate clothing, safe shelter, medical attention, and all other essential
resources. The State shall ensure, to the maximum extent possible, the survival and
development of the child. Respecting the right to life includes safeguarding against
deprivation of life, and the death penalty shall not be imposed for crimes committed

by children.

TITLE I
NATIONALITY AND IDENTITY

SEC. 11. Right to Nationality and Registration after Birth. — Every child has the
right to a name and nationality, as well as the right to be promptly registered
immediately after birth. Children also have the right to know and be cared for by
their parents and families. In cases of delayed registration, the State shall uphold and
fulfill children’s right to be registered in accordance with their best interests,
ensuring that registration occurs without unnecessary delay: Provided, That the State
shall facilitate the free, accessible, and timely birth registration for all children,

especially in geographically isolated and disadvantaged areas.

SEC. 12. Right to Identity, — Every child has the right to identity, encompassing
name, nationality, and family relations, including other aspects or dimensions of
identity which may lead to discrimination and exclusion, such as sex, gender
identity, ethnicity, cultural identity, religion, disability, and social status. To this end,
the State shall:


e

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=

°

. Recognize the right of children to self-identification, according to sex,

gender, religion, ethnicity, cultural identity, and disability;

Respect the right of children to preserve their identity, nationality, name, and

family relations as recognized by law, free from unlawful interference;

;. Ensure that the best interests of the child is the paramount consideration in

any modifications to the child’s identity. The State shall maintain
comprehensive records of such modifications and ensure availability and

accessibility in perpetuity;

Facilitate the speedy restoration of a child’s identity in cases of incomplete
or falsified identity, particularly in contexts such as adoption, child marriage,
child trafficking, children in situations of armed conflict and in street

situations, and similar contexts;

. Provide appropriate assistance and protection to children illegally deprived

of elements of their identity, aiming for a prompt re-establishment of their

identity; and

Take measures to address legal discrimination against children born to

unmarried parents.

TITLE IL
ADEQUATE STANDARD OF LIVING

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SEC. 13. Right to Adequate Standard of Living. — Every child has the right to an
adequate standard of living, and equal opportunities from the earliest stage of life to
support their physical, mental, spiritual, moral, and social development. To this end,

the State shall:

a. Acknowledge that parents are primarily responsible for the upbringing and

nurturing of children, always considering the best interests of the child;

b. Support the natural and primary rights and duties of parents in raising
children, thereby fostering moral character and civic responsibility. All
family members should strive to create a wholesome and harmonious home
environment, recognizing that the atmosphere and conditions significantly

influence a child's development;

Ensure that institutions, services, and facilities responsible for the care and

°

protection of children adhere to standards set by competent authorities and

provide necessary support and intervention;

e

Provide assistance to parents and parent-substitutes to enhance the ability to
nurture their children’s well-being through family strengthening programs
and the promotion of positive parenting practices that are free from violence

and humiliation; and

Ensure that no child is separated from their parents against their will, except

9

when competent authorities determine, subject to judicial review and in

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accordance with applicable laws and procedures, that such separation is

necessary for the best interests of the child.

TITLE Il
CLEAN, HEALTHY, AND SUSTAINABLE ENVIRONMENT

SEC. 14. Right to a Clean, Healthy, and Sustainable Environment. - Every child
has the right to live in a clean, healthy, and sustainable environment. The fulfillment
of this right is grounded on the principle of intergenerational equity, ensuring long-
term sustainability and the protection of the rights of both present and future
generations. To this end, the State shall:

a. Protect the climate system for the benefit of children, based on the principles
of equity and in accordance with shared but differentiated responsibilities

and capabilities;

b. Implement and enforce laws and regulations that set minimum standards for
air quality, water quality, and waste management to protect children’s health

and well-being;
¢. Integrate environmental education into school curricula, empowering

children to understand environmental issues and encouraging their

participation in sustainability initiatives;

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|. Facilitate opportunities for children to engage in community environmental
projects, such as tree planting, clean-up drives, and conservation efforts,

fostering a sense of responsibility and stewardship;

. Conduct regular assessments of environmental conditions in communities,
ensuring that impacts to children’s health are considered in environmental

planning and decision-making;

. Guarantee access to safe, clean, and accessible spaces, parks, and

recreational areas for children, promoting physical and mental well-being;

Implement measures to identify and mitigate environmental hazards,
including pollution, toxic substances, and climate-related risks, that

disproportionately affect children;

. Create mechanisms for children’s voices to be heard in environmental

policymaking, ensuring their perspectives and concerns are considered;

Encourage families and communities to adopt sustainable practices, such as
recycling, conservation, and responsible consumption, to foster a culture of

environmental responsibility;

. Guarantee that all children have access to clean drinking water and adequate

sanitation facilities, essential for their health and development;

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k. Establish a framework for monitoring and reporting on the realization of

children’s environmental rights, ensuring accountability and transparency;

. Conduct child rights impact assessments at critical stages of the decision-
making process, as well as in the follow-up of implemented measures. These
assessments shall include the participation of children, with findings
published in child-friendly language and in the languages used by the

children;

m. Encourage the media and all platforms to disseminate accurate
information and materials regarding the environment, ensuring that children
are equipped to understand how climate-related decisions affect their rights;

and

n. Adopt cross-sectoral measures to address the drivers of violence against

children linked to environmental degradation.

TITLE IV
HEALTH AND NUTRITION

SEC. 15. Right to Health and Nutrition. — Every child has the right to the highest
attainable standard of healthcare and access to facilities for the treatment of illness
and rehabilitation of health, irrespective of age, nationality or lack thereof, social
status, relationships, gender, or sexuality. To this end, the State shall:

a. Ensure that no child is deprived of access to healthcare and services;

24


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Adopt an integrated, child-friendly healthcare approach to encompass the
full range of child health activities, taking into consideration the child's

family, physical, and social environment;

. Deliver health services through an integrated, child-friendly healthcare

approach, ensuring that mothers, infants, and children receive essential
medical care in both routine and emergency settings under favorable

conditions;

Guarantee access to safe, nutritious, and sufficient food to support healthy

growth and development;

Eliminate all forms of malnutrition, including stunting during the first one
thousand (1,000) days of life and wasting in children under five (5) years of

age;

Address the nutritional needs of adolescent girls, pregnant, and lactating
women, promote exclusive breastfeeding for the first six (6) months of life,
remove barriers to breastfeeding and lactation in all settings, and prohibit the
distribution of donations, gifts, articles, utensils, or any items that may
promote the use of breastmilk substitutes or bottles for infants in

emergencies;

Reduce maternal mortality rate, eliminate preventable deaths of newborns

and children under five (5) years of age, and reduce neonatal mortality;

25


r

Implement universal and comprehensive newborn screening to identify
infants at risk for specific genetic and congenital disorders, facilitating early

intervention and support services for families;

. Ensure universal access of all children to gender-sensitive and inclusive

sexual and reproductive healthcare and services, including family planning,
comprehensive sexuality education, and the integration of reproductive

health services;

j. Establish a universal health coverage to ensure access to quality essential
health care services and safe, effective, quality, and affordable medicines and
vaceines forall, with a focus on routine immunization and the eradication of

vaccine-preventable diseases;

am

Ensure that policies and programs concerning the prevention, care, and
treatment of HIV and AIDS adopt a child’s rights-based approach,
guaranteeing confidentiality, non-discrimination, and non-stigmatization,

while ensuring easy access to treatment and care;

|. Ensure that all segments of society shall have universal and equitable access

to safe and affordable drinking water;

m. Ensure adequate and equitable access to sanitation and hygiene

facilities;

26


5

2

:

2

Adopt and implement plans, programs, and policies aimed at preventing and

reducing non-communicable diseases and their risk factors;

Integrate road safety education into the curriculum as a public health priority;

Mandate the incorporation of children’s rights to a clean, healthy and
sustainable environment, grounded on the principle of intergenerational
equity to ensure the long-term fulfillment of rights for present and future

generations;

Establish mental health programs that include public awareness raising and
education on mental health rights especially among children, provide
training for mental health care providers, and create child-friendly and

inclusive referral systems for mental health concerns;

Integrate environmental health concerns relevant to children into national

health and environmental plans, policies, and strategies;

Inform and supportall segments of society, particularly parents and children,
in acquiring knowledge of child health, nutrition, benefits of breastfeeding,

hygiene, environmental sanitation, and preventive healthcare; and

. Establish environmental health standards in accordance with the best

available scientific evidence and all relevant international guidelines.

27


SEC. 16. Right to Confidential Medical Counseling and Advice. — In order to
safeguard the safety and well-being of children, the State shall ensure that children
have access to confidential medical counseling and advice. Medical professionals
are obligated to provide age-appropriate counseling and advice, taking into account
the child's level of understanding. Children shall have the following rights:

a. The right to discuss their health concerns with medical professionals in a

private and confidential setting;

The right to be informed about the scope and limits of confidentiality,

s

particularly when their safety is at risk;

The right to access medical counseling and advice without barriers, including

e

any age restrictions or parental consent requirements under specified

circumstances;

a

. The right to equal access to confidential medical services;

°

. The right to seek guidance and support on various health issues, including

physical, mental, and emotional health, with assurance of confidentiality;

and

The right to actively participate in discussions regarding their health,

p

ensuring that their voices and concerns are acknowledged and respected.

28


CHAPTER V
THE RIGHT TO PROTECTION

SEC. 17. General Principles. — No child shall be subjected to any form of violence,
abuse, or exploitation, including physical and humiliating punishment. The State
shall implement all appropriate legislative, administrative, social, and educational
measures to protect children from all forms of violence and exploitation while under

the care of parents, parent-substitutes, or any individual responsible for the child.

The best interests of the child shall be the primary consideration in all matters
involving or affecting children, particularly when they require special protection.
This principle shall govern all preventive and protective measures to safeguard the
welfare of children. To this end, the State shall:

a. Protect and provide intervention and support to children, especially children
in need of special protection, when they face hardship or distress;

b. Establish effective procedures for child protection systems in all local
government units (LGUs) to provide necessary support for children and
parents, parent-substitutes, and persons responsible for the child. This
includes prevention, identification, reporting, referral, investigation,
treatment, and follow-up of instances of child maltreatment, as well as

judicial involvement where appropriate;

29


. Protect all children, especially children in need of special protection, against
all forms of exploitation that are prejudicial to any aspects of their well-
being;

d. Acknowledge that children are ICT users and are vulnerable to associated
risks. The State shall take measures to protect children from perpetrators of
violence in digital spaces. It shall also promote the physical and
psychological recovery and social reintegration of children who are victims
of neglect, exploitation, abuse, cruelty, discrimination, torture, or any other
form of cruel, inhumane, or physical or humiliating punishment,
environmental harm and climate change, or armed conflicts. This recovery
and reintegration shall take place in an environment that fosters the child’s

well-being, self-respect, and dignity;

. Grant procedural rights to children in conflict with the law, ensuring they are

9

adequately informed, provided with legal representation, and allowed to
Participate in proceedings that affect them before any judicial or
administrative authority;

mn

Encourage public and private institutions to require personnel to submit
security clearances from appropriate authorities, such as the barangays,
police, the National Bureau of Investigation, or the National Coordination
Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM) to confirm
they are not listed in the OSAEC-CSAEM Offenders Registry; and

30


g. Recognize that victims of violations of this Act shall be considered victims

of human rights violations.

TITLE I
PROTECTION FROM CHILD LABOR AND ITS WORST FORMS

SEC. 18. Protection against Child Labor and its Worst Forms. — The State shall
provide special protection to children from all forms of abuse, neglect, cruelty,
exploitation, discrimination, and other conditions prejudicial to their development,

including child labor and its worst forms. To this end, the State shall:
a. Recognize children’s right to protection from economic exploitation and
from performing any work that is likely to be hazardous or harmful to their

health, or physical, mental, spiritual, moral, or social development;

b. Implement and enforce sanctions for violations related to child labor and its

worst forms;

c. Prohibit the employment of children as models in advertisements that
directly or indirectly promote alcoholic beverages, intoxicating drinks,
tobacco and its by-products, gambling, violence, pornography, orany similar

content;

d. Establish programs for the prevention and deterrence of child abuse,
exploitation, and discrimination, including crisis intervention strategies and

services to rescue and rehabilitate children;

31


e. Strengthen the implementation of the Philippine Program Against Child
Labor, led by the National Council Against Child Labor, through intensified
social and behavioral change campaigns at the national and local levels,
enhanced enforcement of relevant laws, policies, and programs, improved
data collection on child labor, and expanded access to services for child

laborers and their families;

m

Intervene on behalf of the children when parents, parent-substitutes, or
individuals responsible for their care or custody fail to protect them from
abuse, exploitation, or discrimination, or when such acts are perpetrated by

these individuals;

Promote awareness within the community regarding the hazards of child

La

labor and its worst forms;

a

Provide children who are legally permitted to work with opportunities to

express their perspectives in child-sensitive environments, ensuring

understanding of work conditions and prioritizing their best interests;

. Offer assistance to children engaged in child labor to provide exit from these

situations and reintegrate into their families and communities, including

access to education, vocational training and psychosocial support; and

j. Ensure that children have the right to be heard and participate in the

formulation of laws, policies, programs, and interventions, guaranteeing that

32


their best interests and unique needs are considered while addressing the root
causes of child labor.

TITLE I
PROTECTION FROM HARMFUL DRUGS AND SUBSTANCES

SEC. 19. General Principles. - The State shall take comprehensive measures to
protect children from the harmful effects of narcotic drugs and psychotropic
substances, in line with relevant domestic and international laws and treaties. To this
end, the State shall:

a. Implement appropriate legislative, administrative, social, educational, and
other measures, to protect children from the illicit use of narcotic drugs and
psychotropic substances. This includes safeguarding children indirectly
affected by drug policies and interventions, as well as preventing their

involvement in the illicit production, sale, and trafficking of such substances;

s

Adopt a public health approach in all interventions related to illicit drugs,

prioritizing prevention, treatment, and rehabilitation over punitive measures;

. Safeguard children who are involved or alleged to be involved in drug use,

e

possession, sale, and distribution from being placed on Drug Watch Lists and
protect them from torture, cruel and degrading treatment, coercion, forced
admissions or confessions, arbitrary detention, or exploitation as "assets" in

intelligence operations;


a

e

r

Develop age-appropriate and child-sensitive intervention, rehabilitation, and
reintegration programs for children who use drugs or are dependent on
substances, ensuring that these programs respect the child’s dignity and

evolving capacities;

Establish support programs for children left behind or orphaned as a result
of anti-illegal drug campaigns, and provide adequate care, education, and

psychosocial support;

Design, implement, and monitor rights-based community interventions to
prevent and address the impacts of direct and indirect exposure of children
to substance abuse, ensuring that interventions are tailored to the child’s

needs;

Mandate LGUs, through the Local Councils for the Protection of Children
(LCPCs), to create and implement anti-drug abuse programs tailored
specifically for children, taking into account their developmental stages and

evolving capacities; and

Establish special education drug centers for street children in each provincial
office, These centers shall sponsor drug prevention programs, activities, and
information campaigns aimed at educating street children about the harmful
effects of drug abuse. These programs shall also be adopted in all public and

private orphanages and other existing special centers for street children.

34


TITLE Il
PROTECTION FROM SEXUAL ABUSE AND EXPLOITATION OF
CHILDREN

SEC. 20. General Principles. - The State shall provide special protection to children
from all forms of abuse, neglect, cruelty, exploitation, discrimination, and other

conditions prejudicial their development. To this end, the State shall:

a. Enforce stringent sanctions against individuals or entities for acts of abuse,

neglect, cruelty, exploitation and discrimination against children;

s

. Implement comprehensive programs for the prevention, deterrence, and
crisis intervention concerning child abuse, exploitation, and discrimination,

including education and community awareness initiatives;

. Intervene on behalf of the child when the parent, parent-substitute, teacher,

e

or any person responsible for the child’s care fails to protect the child from
abuse, exploitation, or discrimination, or from inappropriate media or

platform contents, or when such acts are perpetrated by those individuals;

. Protect and rehabilitate children who are gravely threatened or endangered

a

by circumstances beyond their control, especially those that jeopardize their

survival, normal development, and overall well-being;

Promote the welfare of children by enhancing opportunities for a fulfilling,

9

safe, and nurturing environment conducive to a healthy and happy life; and

35


£. Enact and implement necessary national, bilateral, and multilateral measures
aimed at preventing the abduction, sale, or trafficking of children for any

purpose or in any form, ensuring compliance with international standards.

SEC. 21. Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual
Abuse or Exploitation Materials, - The State shall provide comprehensive

protection to children from all forms of sexual violence, abuse, and exploitation,

especially those facilitated through ICT. To this end, the State shall:

a. Impose severe sanctions for acts of OSAEC, including the production,

distribution, or possession of CSAEM;

b. Implement programs aimed at prevention, deterrence, and intervention in
OSAEC cases or exposure of children to other child-inappropriate contents,
ensuring that all individuals in these roles are eligible and suitable for

supporting vulnerable children;

°

. Protect children from all forms of sexual abuse, exploitation, or inappropriate
contents, regardless of whether these acts are committed with or without the
use of ICT. This includes preventing children from being coerced, induced,
or involved in online or offline performances, CSAEM, or any other
activities related to child sexual abuse or exploitation through whatever

means;

36


d. Ensure that relevant domestic laws, such as: RA11930, otherwise known as
the “Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and
Anti-Child Sexual Abuse or Exploitation Materials (CSAEM Act)”; and RA
7610, as amended, otherwise known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act", are fully implemented

and aligned with international obligations; and

. Uphold international laws and treaties concerning children’s rights to which

°

the Philippines is a signatory or a State party, including, the UNCRC and its
Optional Protocols, the ILO Convention No, 182 on the Elimination of the
Worst Forms of Child Labor, the UN Convention Against Transnational

Organized Crimes and its Protocols.

TITLE IV
PROHIBITION OF CHILD MARRIAGE

SEC. 22. Prohibition of Child Marriage. — The State shall prohibit the facilitation,
solemnization or endorsement of child marriage, as well as the cohabitation of an

adult with a child. All child marriages shall be deemed void ab initio.

The State affirms that marriage shall be entered into only with the free and
full consent of both parties who are legally capable. Effective measures, including
legislation, shall be put in place to establish a minimum age of marriage at eighteen
(18) years old, and to mandate the official registration of all marriages in a

government-organized registry.

37


Child marriage is hereby recognized as a form of child abuse as it debases,
degrades, and undermines the intrinsic worth and dignity of children. Violators shall
be held accountable under the law, with severe sanctions imposed on those

facilitating or perpetuating such practice.

TITLE V
ANTI-TRAFFICKING OF CHILDREN

SEC. 23. Anti-trafficking of Children. — The State shall prioritize the protection of
children from all forms of trafficking, exploitation, and abuse, reaffirming its
commitment to uphold the dignity of children and their individual rights. To this
end, the State shall:

a. Implement comprehensive measures and develop programs to prevent and
eliminate trafficking in persons, particularly children, while addressing the

root causes of involuntary migration and servitude;

b. Enact strict laws aimed at eliminating the trafficking of children, with focus

on prevention, identification, and prosecution of offenders;
©. Provide trafficked children with full access to recovery, rehabilitation, and

reintegration programs, ensuring that these programs are culturally

responsive, gender-sensitive, age-appropriate, and disability-inclusive;

38


d. Support the creation of safe spaces and shelters for trafficked children,
offering psychological, medical, legal, and social services to aid in their

recovery and eventual reintegration into society;

e. Promote awareness campaigns to educate the public, particularly at the
community level, on the dangers of child trafficking and the measures

available to combat it; and

f. Ensure compliance with relevant international instruments and conventions

to which the Philippines is a State Party.

TITLE VI
DISASTER AND EMERGENCY PREPAREDNESS AND PROTECTION

SEC. 24. General Principles. - The State shall protect the fundamental rights of
children before, during, and after disasters and other emergencies that threaten or
endanger their survival and normal development. Guided by principles of survival,
development, child participation, and in alignment with the UNCRC and the
Children’s Charter for Disaster Risk Reduction, the State shall establish a
comprehensive and strategic program of action to support children, as well as
pregnant or lactating mothers affected by disasters and emergencies. This program
shall ensure their immediate recovery and protection from violence, discrimination,
neglect, abuse, exploitation, and any other acts prejudicial to their interest, survival,

development, and well-being.
The State shall also:

39


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s

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9

m

Secure an inclusive response and evacuation plan that addresses the

developmental needs of all children during and after emergencies;

Ensure that emergency plans and protocols are provided in child-friendly
formats and are accessible to children with disabilities, enabling them to

make informed views and decisions concerning their safety;

Establish child-friendly spaces in temporary living arrangements for children

and their families affected by emergencies;

Uphold children’s rights to be heard and to express their views on matters
affecting their best interests, even during emergencies, whether natural or

human-induced;

Implement a comprehensive program to provide necessary support for
children affected by disasters, focusing on their recovery and protection from

various forms of harm;

Develop and enforce an emergency program for children at all levels of
governance, addressing their needs before (preparedness), during

(immediate response), and after (recovery and rehabilitation) an emergency;

Adopt and implement child protection policies, including those addressing
sexual exploitation and abuse, and establish codes of conduct for

humanitarian actors;


h. Incorporate accessible and inclusive feedback and accountability

mechanisms for children;

i. Consult children on their situations and gather feedback at key stages of

humanitarian responses;

j. Ensure that evacuation and emergency structures comply with existing laws;

and

k. Establish a preparedness, response, and evacuation plan that will
continuously support the well-being and development of children before,

during, and after any emergency.

TITLE VIL
CHILDREN AFFECTED BY ARMED CONFLICT

SEC. 25. General Principles. - The State shall always uphold the human rights of
children, prioritize their best interests, and recognize as victims all children involved

in, affected by, or displaced due to armed conflict. To this end, the State shall:
a. Recognize children as zones of peace pursuant to RAI1188, otherwise

knownas the “Special Protection of Children in Situations of Armed Conflict
Act” and RA7610, as amended;

41


9

a

. Commit to respecting and ensuring adherence to international humanit

. Affirm that children are entitled to dignity and respect as human beings

deserving protection from degradation, humiliation, maltreatment,

exploitation, and assault;

law applicable to children in armed conflicts;

. Implement all necessary measures to prevent the recruitment or engagement

of children into armed forces or groups and their use in armed conflict;

. Ensure the effective implementation and enforcement of RA11188;

Protect the civilian population, particularly children, during armed conflicts,
in accordance with international humanitarian law, and take all feasible
measures to safeguard and care for children affected by or displaced by an

armed conflict;

. Establish safeguards to ensure the security and safety of children in conflict

situations, providing adequate psycho-social support during and after such

events;

. Ensure that child caring facilities and educational institutions are not used

for any purposes related to armed conflict;

. Pursue long-term and sustainable solutions, in consultation with children, for

those who have been forcibly displaced due to armed conflict;

42


6

SEC.
peace.
RAIL

|. Fulfill responsibilities to end impunity and prosecute those responsible for

grave violations of child rights in armed conflict;

Guarantee the participation of children affected by armed conflict in all
policies, actions, and decisions concerning their rescue, rehabilitation, and

reintegration;

|. Prohibit the development or retention of unexploded ordinance and ensure

the cleanup of areas contaminated by biological, chemical, and nuclear

weapons, in line with international commitments;

. Ensure that schools are not targeted by armed groups during emergencies

caused by severe weather in regions already affected by armed conflict; and

. Invest in conflict prevention and peacebuilding efforts that mitigate

environmental harm to children resulting from armed conflict, incorporating

children’s perspectives in these processes.
26. Children as Zones of Peace. - Children are hereby declared as zones of
As such, they shall be treated in accordance with the policies stipulated under

188.

The designation of children as zones of peace extends beyond territorial or

geographical boundaries, focusing on the individual rights of each child, which must

43


be promoted and always protected, particularly in situations of armed conflict or

violence.

The State, together with all relevant sectors, share the responsibility to resolve
armed conflicts to uphold the principle of recognizing children as zones of peace.
Community elements, governmental authorities, and, when appropriate, religious
leaders, must work to preserve the peaceful integrity of children, exemplifying
mutual respect and nonviolent behavior in their presence, and collaborating to foster

peace and cooperation

SEC. 27. Rights of Children Affected by Armed Conflict. — Children affected by
armed conflict shall have the following rights:

The right to life, survival, and development;

P

s

The right to be protected from any form of abuse, neglect, exploitation, and

violation, particularly in the context of armed conflict;

°

. The right to be treated as victims, in accordance with this Act and other
applicable laws, consistent with State obligations under international law,

within the framework of restorative justice and social rehabilitation;

ad

The right to be protected from direct or indiscriminate attacks and acts of

violence, particularly from grave violations of children’s rights;

The right to be protected from recruitment into government forces or armed

°

groupsand from participation in armed conflict, including safeguards against


torture or any cruel, inhuman, or degrading practices related to recruitment

or participation in armed conflict;

m

The rightto be free from maiming, torture, abduction, rape, and extrajudi

killings;

g. The right to immediate and safe access to essential, adequate, and culturally
appropriate food, nutrition, shelter, clothing, water, sanitation, hygiene, basic
health services (including essential drugs, medicines, and vaccines),
reproductive health services, education (including religious and moral
education), early childhood care and development programs, psychosocial
support, and social services. All services must be child-specific, gender-

sensitive, and responsive;

r

The right to freedom of thought, conscience, religion, opinion and
expression; to associate freely and participate equally in community affairs;
and to communicate in a language they understand, even in situations of
armed conflict, whether they are internally displaced or living in evacuation

centers or settlements;

i, The right to humane treatment in all circumstances, without discrimination

based on race, color, religion, sexual orientation, gender identity, and

expression, birth, wealth, or other criteria;

j. The right to not to be interned or confined in camps;

45


k. The right to care, protection, and assistance for the injured, wounded, sick,
disabled, separated, or unaccompanied children, as well as expectant or

lactating mothers, addressing their specific needs;

|. The right to remain with their families, especially with their mothers, during

evacuations and while in evacuation centers;

m. The right to reunification with their families in cases of separation due

to armed conflict;
n. The right to privacy and confidentiality in all proceedings;

o. The right to liberty of movement and freedom to choose their residence
including the right of internally displaced children and their families to move

freely in and out of evacuation centers, subject to existing regulations;

p. The right to have access to justice, including free legal aid when filing cases

against perpetrators;

q. The right to protection of their family’s properties and possessions under all

circumstances; and

r. The right to consultation and participation in matters affecting them.
Whenever feasible, the views of children, families, and communities should
be considered in all stages of assessment, planning, implementation, and

evaluation related to preventing the association of children with government


forces and armed groups, and developing policies and programs for their

rescue, rehabilitation, and reintegration.

The rights enumerated in this section shall not impede the application of other rights
recognized and guaranteed in the 1987 Philippine Constitution and existing laws, in
keeping with the best interests of the child.

TITLE VIL
CHILDREN AFFECTED BY INTERNAL DISPLACEMENT

SEC. 28. General Principles. - The State shall prioritize providing adequate
accommodation that ensures safety, nutrition, water, sanitation, health, and hygiene
for children affected by displacement. It shall implement measures to protect these
children from all forms of violence, exploitation, trafficking, forced labor, slavery,
and other violations of children's rights, including child marriage. The State shall
also make immediate efforts to reunite children separated from their families due to

displacement and take appropriate measures to expedite the process.
SEC. 29. Rights of Children Affected by Displacement. — Children affected by
displacement, particularly unaccompanied minors or those separated from their

families or orphaned, are entitled to the following rights:

a. The right to protection and assistance tailored to individual needs,

considering their unique circumstances;

47


b. The right to secure access to humanitarian support, including mother-and-
child-sensitive and disability-inclusive facilities, such as breastfeeding
stations, temporary educational facilities, and places of worship, among

others, whether located within or outside evacuation centers;

2

The right to free and compulsory early and basic education. Special efforts
shall be made to facilitate the full and equal participation of all children,
including those with disabilities, in educational programs, while respecting
their cultural identity, language, and religion, Educational and training
facilities shall be accessible and available to them, regardless of their living

situation, as soon as circumstances permit;

d. The right to return in safety and with dignity, to their homes or places of

habitual residence, or resettle voluntarily in another part of the country;

°

. The right to actively engage in the planning and management of their

displacement situations, as well as informed decisions regarding return, local
integration, or resettlement elsewhere. Their voices and perspectives shall be

incorporated into decision-making processes concerning their well-being

and future;

m

The right to seek safety in another part of the country, leave the country, or
seek asylum in another country, and be protected against forcible return to

any place where their life, safety, liberty, or health would be at risk; and

4B


g. The right to obtain necessary documents to exercise their legal rights. The
State shall expedite the issuance of new documents or the replacement of
those lost during displacement, without imposing unreasonable conditions
and without discrimination between female and male children, ensuring

equal rights to obtain and hold documents in their own names.

TITLE 1X
CHILDREN IN CONFLICT WITH THE LAW

SEC. 30. General Principles. - The State recognizes the right of children alleged
as, accused, adjudged, or recognized to have infringed the penal law to be treated in
a manner that promotes their dignity and worth, considering their age and the

importance of their reintegration. To this end, the State shall:

a. Adopt measures to address issues involving children without resorting to
judicial proceedings, ensuring that human rights and legal safeguards are fully

respected;

b. Ensure that no child is subjected to torture or other cruel, inhumane, or
degrading treatment or punishment. Capital punishment and life
imprisonment without the possibility of release shall not be imposed for

offenses committed by a child;
c. Guarantee that no child is unlawfully or arbitrarily deprived of liberty. Arrest,
detention, or imprisonment of a child shall conform with the law and be used

only as a last resort and for the shortest appropriate duration;

49


d. Treat children deprived of liberty with humanity and respect for their inherent
dignity taking into account their age-specific needs. They shall be separated
from adults unless it is in their best interest not to do so. They also have the
right to maintain family contact through correspondence and visits, except in

exceptional circumstances;

e. Provide children deprived of liberty with prompt access to legal and
appropriate assistance. They shall have the right to challenge the legality of
their deprivation of liberty before a competent, independent, and impartial

authority, receiving a timely decision on such matters;

f. Ensure that a restorative justice approach is adopted when CICLs enter the
criminal justice system. This approach shall prioritize the rehabilitation and
reintegration of CICLs, focusing on repairing harm, fostering accountability,
and involving the affected community, guided by principles that uphold the
dignity, rights, and best interests of the child;

g. Ensure that:
(1)No child shall be alleged, accused, or recognized as having infringed
the penal law by reason of acts or omissions that were not prohibited

by national or international law at the time they were committed;

(2) Every child alleged as or accused of having infringed the penal law has

at least the following guarantees:

50


@

Gi)

(in)

(iv)

(vy)

To be presumed innocent until proven guilty according to

law;

To be informed promptly and directly of the charges against
them, and, if appropriate, through their parents or legal
guardians, and to have legal or other appropriate assistance

in the preparation and presentation of their defense;

To have the matter determined without delay by a
competent, independent, and impartial authority or judicial
body in a fair hearing according to law, in the presence of
legal or other appropriate assistance and, unless it is
considered not to be in the best interest of the child, with
their parents or legal guardians present, particularly

considering their age or situation;

Not to be compelled to give testimony or to confess guilt,
and to examine or have examined adverse witnesses with
the opportunity and to obtain the participation and
examination of witnesses on their behalf under conditions

of equality;

If considered to have infringed the penal law, to have the

decision and any measures imposed in consequence thereof,

SL


reviewed by a higher competent, independent, and impartial
authority or judicial body according to law;

(vi) To have the free assistance of translator if the child cannot
understand or speak the language used in judicial and

administrative proceedings; and

(vii) To have their privacy fully respected at all stages of the
proceedings.

h. Provide a variety of disposition measures, such as care, guidance, supervision
orders, counselling, probation, foster care, education, and vocational training
programs and other alternatives to institutional care, ensuring that children are
dealt with in a manner appropriate to their well-being and proportionate to

their circumstances and the offense committed; and

i. Recognize other rights as provided by RA9344, as amended, otherwise known
as the “Juvenile Justice and Welfare Act of 2006”, and other existing laws.

TITLE X
CHILDREN OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES

SEC. 31. General Principles. - Every child belonging to ICCs/IPs or indigenous

origin shall have the right to cultural integrity, to enjoy their own culture, to profess

52


and practice their religion, and to use their language. These rights are recognized as
both individual and collective. To this end, the State shall:

a. Take all appropriate measures to eliminate harmful social and cultural
practices that affect the well-being, dignity, normal growth, and development
of the child, specifically customs and practices detrimental to the health or
life of the child; and discriminate against the child based on sex or other

status;

b. Mandate national government agencies (NGAs) and LGUs to establish
intergenerational dialogue programs aimed at preventing and addressing
negative attitudes, harmful norms, and behaviors that contribute to violence

against children;

°

Undertake measures to meaningfully engage with ICCs/IPs and their
families in addressing environmental harm, including that caused by climate
change, by integrating indigenous concepts and traditional knowledge into
mitigation and adaptation strategies; and

a

Prioritize and facilitate the birth registration of children belonging to
ICCS/Ps,

SEC. 32. Rights of Children of ICCs/IPs. — Every child belonging to ICCs/IPs or
of indigenous origin shall have the following rights:

a. The right to enjoy and practice their own culture, religion, and language;

33


. The right to a name, identity, and connection to their community and
heritage, including the preservation of their traditional knowledge and

cultural practic

. The right to protection from discrimination based on ethnicity, culture, or

any other status;
|. The right to have access to education that respects and incorporates
indigenous languages, cultures, and histories, including access to culturally

relevant educational materials and methods;

. The right to be involved in decision-making processes that affect their lives

and communities;

» The right to have access to health services that are culturally appropriate and

sensitive to their needs;
. The right to recognition of their connection to ancestral lands and resources;

. The right to participate in environmental conservation efforts that impact

their communities;

i. The right to have access to social services that address their unique needs,

including housing and welfare support; and

34


j. The right to maintain family ties and connections to their community.

TITLE XI
CHILDREN IN STREET SITUATIONS

SEC. 33. General Principles. — The State shall adopt a comprehensive, rights-based
approach to protect and support CISS, ensuring safety, dignity, and development. It
shall also aim to safeguard CISS from exploitation, abuse, and harm by addressing
the root causes of vulnerabilities, promoting access to public spaces and services,
and providing child-centered care. Through alignment with international standards,
and collaboration with local communities, the State shall empower CISS to thrive in
a supportive environment. To this end, the State shall:

a, Ensure that children can move safely in the streets without fear of punitive
measures against begging, loitering, vagrancy, running away, or other
survival behaviors. The State shall not criminalize status offenses or
implement punitive measures, such as street sweeps or “roundups”,
“rescues”, “reach out”, targeted violence, harassment, and extortion against

CISS;

s

. Guarantee that children have access to public areas, spaces, facilities, and
services that meet their diverse needs and capacities, including spaces for
economic activities, learning, recreation, social interaction, and essential

services;

55


2

om

2

e

Implement policies to prevent and respond to exploitation, abuse, harm, and
violence against CISS, ensuring that the response mechanisms are accessible

and designed to ensure children’s safety;

Adopt holistic and long-term strategies that address the root causes of
children living in streets, including structural inequalities and family
violence. The State shall ensure appropriate budget allocations for the

effective implementation of these strategies;

Amend laws and policies to align with the recommendations under UN

General Comment No. 21, ensuring a rights-based approach for CISS;

Enhance systems to provide a continuum of child-centered care for CISS,
including prevention, early intervention, street outreach, helplines, drop-in
centers, child development centers, temporary residential care, family

reunification, foster care, and independent living options;

. Invest in comprehensive initial and in-service basic training on child rights,

protection, and the local context of CISS for all professionals who may come
into direct or indirect contact with them. This includes professionals in fields
such as policymaking, law enforcement, justice, education, health, social

work, and psychology;
Support localized, partnership-based interventions grounded in a child rights
approach, ensuring these interventions are adequately funded and led by

CSOs with local expertise;

56


i, Provide access to effective legal remedies, including representation, for

CISS who have been victims or survivors of human rights violations;

j. Develop systematic and participatory mechanisms to collect and share
disaggregated data about CISS while ensuring respect for the rights and

privacy of the CISS involved; and

k. Ensure the participation of children in setting research agendas, gathering
information, analyzing data, and disseminating findings to enhance policy

and the design of targeted interventions.

TITLE XI
CHILDREN SEEKING REFUGEE STATUS

SEC. 34. General Principles. — The State shall take appropriate measures to ensure
that children seeking asylum or refugee status, applying for stateless status, and those
recognized by the Philippine government as refugees or stateless persons- whether
accompanied or unaccompanied, or separated from parents or parent-substitutes-
receive adequate protection and humanitarian assistance. These children are entitled
to the full enjoyment of all rights on an equal basis with other children, as set forth
in the UNCRC, the 1951 Convention Relating to the Status of Stateless Persons and
its 1967 Protocol, the 1954 Convention Relating to the Status of Stateless Persons,
the 1961 Convention on the Reduction of Statelessness, and other relevant
international human rights instruments to which the State is a party. To this end, the

State shall:

37


a. Recognize that asylum-secking, refugee, and stateless children as well as
children applying for stateless status, deserve the same respect and dignity
as citizens, free from discrimination based on age, race, gender, language,
nationality or lack thereof, country of origin, ethnic or social origin, political
beliefs or opinions, religious views, circumstances of birth, disability or

other status;

s

Uphold the principle of best interests of the child by implementing a free,
fair, fficient, and non-adversarial Refugce and Stateless Status
Determination Procedure. This Procedure shall be governed by the principles
of non-refoulement, non-detention of children solely based on their refugee
or stateless status or application for such status, and non-penalization of

illegal entry or presence in the country, among others;

Promote and preserve family unity for asylum-seeking, refugee, and stateless

9

families, ensuring children’s protection in all procedures. It shall refer,
through the Department of Justice (DOJ) - Refugees and Stateless Persons
Protection Unit (DOJ- RSPPU), or the designated agency for refugee
protection and addressing statelessness, unaccompanied and separated
children who are refugees, asylum-seekers, or stateless, as well as
children applying for stateless status, to appropriate government
agencies, intergovernmental organizations, or non-government
organizations (NGOs) to secure care, protection, family reunification, and
access to legal services, including representation, counseling, and assistance

with applications for refugee or stateless status and naturalization petitions;

38


d. Protect unaccompanied and separated children recognized as refugees or
stateless persons, or as applicants for such statuses, by appointing a guardian
ad litem through judicial or administrative means when required by the best
interests of the child. The guardian shall assist the child throughoutall stages
of the Refugee and Stateless Status Determination Procedure, ensuring
proper representation, the child’s views are expressed, and that decisions
align with the child’s best interests. The State shall work closely with the
guardian to ensure that the rights of unaccompanied refugee or stateless

children, as well as those applying for such status, are protected.

The DOJ-RSPPU, or the concerned government agency responsible for
refugee protection and addressing statelessness, shall coordinate with the
DSWD or the Local Social Welfare and Development Offices for the referral
of unaccompanied or separated children to appropriate child-placing or
child-caring agencies for their care and custody, as maybe applicable. Said
agencies shall support the child in the process of applying for refugee or
stateless status, ensuring that the child’s rights and best interests are fully

safeguarded and prioritized;

Pursue long-term and sustainable solutions for and in collaboration with

9

asylum-seeking children, children seeking refugee status, children applying
for stateless status, and children recognized by the Philippine government as

refugees or stateless persons; and

59


f. Ensure the identification and protection of children at risk of statelessness
and take measures to prevent and reduce statelessness, in partnership with
the NGOs, academe, private sector, and other relevant stakeholders, in
accordance with the Philippines’ National Action Plan to End Statelessness

and relevant laws, policies, and rules and regulations.

TITLE XII
CHILDREN WITH DISABILITIES

SEC. 35. General Principles. — The State shall take all necessary measures to ensure
that children with disabilities fully enjoy all rights and freedoms defined in this Act.
They shall also have the right to reasonable accommodation and protection tailored
to their physical and moral needs, promoting dignity, self-reliance, and active child
participation in the community. To this end, the State shall:

a. Affirm that all children are equal under the law and are entitled to protection

and benefits without any discrimination;

b. Prohibit discrimination based on disability and guarantee equal legal

protection for children with disabilities against all forms of discrimination;

c. Ensure that reasonable accommodations are provided for children with

disabilities to facilitate their inclusion and participation in all aspects of life;

4. Guarantee children with disabilities the right to express their views freely on

all matters affecting them, giving due weight to their views in accordance

60


with their age and maturity, and provide necessary support to realize this

right;

Implement effective measures to raise awareness about children with

disabilities, combat stereotypes and prejudices, and promote respect for their

rights and dignity; and

Ensure children with disabilities have equal access to the physical

environment, transportation, ICTs, and public facilities and services in urban

and rural areas.

CHAPTER VI
THE RIGHT TO DEVELOPMENT

SEC. 36. General Principles. - The State shall ensure that children are provided
with the best possible conditions for their development. To this end, the State shall:

a. Assist families and communities in guiding children to learn about and

exercise their rights effectively as they grow;

b. Ensure access to early childhood development services and information, with
parents providing essential guidance. Children with special needs shall have
equal rights to development and education, empowering them to reach full

potential and participate meaningfully in society;

6


c. Provide opportunities for children to enhance specialized skills and develop
their physical, mental, and emotional abilities, paving the way for a brighter
future; and

d. Eliminate obstacles to children’s development, including the harmful effects
of climate change, discrimination, violence, any form of abuse, statelessness,

and other factors that threaten their well-being.

TITLE I
EDUCATION

SEC. 37. Right to Education. — Every child has the right to inclusive education
based on equal opportunity reflecting the inherent dignity of the child. Education
shall be child-centered, child-friendly, and empowering, encompassing a wide range
of learning and life experiences that foster the development of personalities, talents,
and abilities for a fulfilling life beyond formal schooling. To this end, the State shall:

a. Empower children by developing their skills, learning abilities, self-esteem,

and self-confidence;

b. Provide a child-friendly and safe platform for children to contribute to the

development of the school curriculum and structure;

c. Establish and maintain a comprehensive, adequate, and integrated education

system that meets the needs of children and society;

62


a

9

i

. Supply age-appropriate materials and activities that promote children’s

social, intellectual, communicative, and emotional development;

. Create mechanisms to support and encourage parental and parent-

substitutes’ participation in local early childhood care and development

governance.

Maintain a system of compulsory and free carly childhood care and basic

education, while respecting parents’ rights to raise their children;

Ensure a safe and conducive learning environment in child development
centers, schools, and community learning centers, with provision of essential
and adequate support services, such as health, nutrition, sanitation, mental
health, and reproductive health services, as well as access to functional

referral systems for after-school services.

Develop safe, healthy, and resilient infrastructure for effective learning,
including pedestrian and biking routes, public transportation to and from
schools, and locating schools away from environmental hazards. School
buildings must provide adequate heating, cooling, safe drinking water, and

sanitation facilities;

. Establish a system of scholarship, subsidies, and incentives for deserving

students in both public and private schools, particularly for underprivileged

children;

63


j. Implement measures to encourage regular school attendance and reduce

dropout rates;

k. Ensure that children subjected to disciplinary actions are treated with

humanity and respect, free from physical or humiliating punishment, in line

with the UNCRC and this Act;

1. Promote international cooperation to eliminate ignorance and illiteracy and
facilitate access to scientific and technical knowledge and modern teaching

methods;

m. __ Encourage non-formal, indigenous learning systems, self-learning, and
out-of-school study programs to enhance children’s capacity to enjoy their
full range of rights;

n, Foster a culture of human rights through a balanced approach that respects
diverse values and promotes dialogue to bridge differences in religion,

nationality, and culture;

©. Take appropriate measures to ensure that children who become pregnant
before completing their education are given the opportunity to continue their
studies based on individual abilities;

p. Integrate human rights education into the curriculum at all grade levels and

in alternative learning systems, covering the UNCRC and its Optional


Protocols, as well as other international human rights instruments ratified by

the Philippines;

q. Provide pre-service and continuous in-service training for teachers and child
development workers to enhance knowledge and skills in teaching human

rights education;

r. Orient the school community about disabilities and the rights of children

with disabilities; and

s. Ensure that all educational institutions have clear, accessible, and child-

friendly complaint and grievance mechanisms.

TITLE I
REST, PLAY, CULTURE, AND ARTS.

SEC. 38. Right to Rest, Play, Culture, and Arts. - Every child shall have the right
to rest and leisure; to engage in age-appropriate play and recreational activities; and

to participate freely in cultural life and the arts. To this end, the State shall:

a. Implement effective legislative, administrative, and other measures to ensure
that all children, without discrimination, can play and engage in recreational
activities in safe, clean, and healthy environments, including parks,

playgrounds, and natural spaces;

65


s

°

=

°

_

Respect and promote children’s rights to participate fully in cultural and
artistic life, encouraging equal opportunities for cultural, artistic,

recreational, and leisure activities;

. Include children in the development planning process by requiring public

and private sectors to consult them on urban and rural development projects,
housing and resettlement programs, educational environments, such as
public libraries, and the maintenance of public parks, playgrounds, sports

facilities, and similar spaces;

Consult children on the accessibility and suitability of various development
proposals as well as their impacts on children’s access to nature, clean air,

and safe environments, and the conservation of their culture;

Provide safe spaces for children to freely express their views on matters
affecting their right to play, recreation, sports, and cultural activities. These

views shall be given due weight in decision-making processes; and

Ensure that children enjoy their freedom of expression, association, and
peaceful assembly by voicing their support or dissent against development
proposals that impact their rights to play, recreation, sports, and cultural

activities.

66


TITLE
FAMILY AND ALTERNATIVE CARE

SEC. 39. General Principles. — The State recognizes that parents bear primary
responsibility for the upbringing and development of their children, with the best
interests of the child as their fundamental concern. To this end, the State shall:

a. Provide assistance to parents and parent-substitutes in fulfilling their child-
rearing responsibilities, and ensure the development of institutions, facilities,

and services for childcare;

s

Implement measures to ensure that children of working parents can access

eligible child-care services and facilities;

. Offer evidence-based positive parenting programs aimed at strengthening

°

parent-child relationships, promoting positive parenting practices free from
physical or humiliating punishment, sustaining nurturing relationships, and
preventing violence and maltreatment against children at home and in the

community;

a

|. Design positive parenting programs and interventions to enhance children's

mental health;

Foster a child-friendly and safe environment that supports parent-/ parent-

s

substitute-child relationships at home, in temporary child-care facilities, and

67


in foster homes, guided by the National Parenting Framework developed by
the DSWD;

m

Uphold the child’s right to identity and ensure that their best interests are
prioritized in all cases of adoption, alternative care, and custody. The State
shall also ensure that alternative care arrangements prevent and reduce

statelessness, subject to laws, rules, and regulations;

. Include children in residential and other facilities in the formulation,

cy

monitoring, and evaluation of policies and programs to ensure

responsiveness to their needs; and

a

Promote age-appropriate interventions and actively consult children when
designing and implementing positive parenting mechanisms and practices.
This includes building positive teacher-parent-child relationships and
advocating for alternatives to violent discipline, which can contribute to
preventing disruptive behaviors, improving school performance, reducing
drop-out rates, and alleviating stress and depression among parents and

teachers in blended education settings.

CHAPTER VII
THE RIGHT TO PARTICIPATION

SEC. 40. General Principles. — Children have the right to participate according to
their evolving capacities. They are entitled to be heard, express their views, and have

their opinions considered in accordance with their age and maturity. Child

68


participation must be meaningful, ethical, transparent, informative, voluntary,

respectful, inclusive, child-friendly, relevant, safe, and sensitive to risks. Adults

engaging with children must receive training on effective child participation. To this
end, the State shall:

co

s

°

a

°

Create a supportive environment that enables children to participate fully at
national and local levels in the design, implementation, monitoring, and

review of policics and programs affecting them;

Ensure that children can be heard in judicial, administrative, or other
proceedings affecting them. They shall have the right to remain silent, with
no negative implications for choosing not to speak. Children should be fully

informed about the processes and stages involved;

Provide opportunities for children to be heard on issues affecting them, such
as education, health, environment, living conditions, and protection, among

others;

Create a child-friendly and accessible environment where procedures protect

the best interests of the child;

. Ensure reasonable accommodation for children with disabilities, enabling

effective communication using modes such as sign language, braille, easy
read, or other alternative communication methods necessary to facilitate the

expression of their views;

69


m

we

r

tam

Recognize the rights of minority, indigenous, and migrant children, as well

as those who do not speak the majority language, to express their views;

Respect non-verbal forms of communication, including play, body language,
facial expressions, and creative expressions like drawing and painting, which

convey young children’s understanding and preferences;

Ensure safe participation in recreational and cultural activities by providing
the means and infrastructure necessary for all children, regardless of
ethnicity, age, gender, physical and mental states, social class, and

geographical location;

i, Provide institutional support and capacity development for professionals

working with children to ensure the implementation of child participation
principles aligned with the National Framework on Child Participation and
the Guidebook on Child Participation;

. Protect children across all platforms to allow them to fully exercise their right

to participate;

Ensure that NGAs, LGUs, NGOs, and CSOs, provide sufficient time, skills,
and child-friendly information for children to offer their inputs and

recommendations;

|. Consult children with disabilities, children from indigenous communities,

and those in vulnerable sectors;

70


5

Create safe spaces for children, in schools, out of schools, or elsewhere,
regardless of their background, to express their views freely on matters

affecting their best interests and rights;

Safeguard the privacy and protection of child witnesses by: (i) adhering to
the Rules on Examination of a Child Witness; (ii) prohibiting intimidating or
disrespectful questioning; (iii) ensuring that questioning is appropriate to
their age and mental capacity; (iv) providing support throughout the judicial,
administrative, or any other processes; (v) training personnel who interact

with child witnesses; and (vi) providing child-friendly rooms or safe spaces;

Recognize and enable genuine children’s participation in national and
international platforms by establishing appropriate governmental structures

and fostering bilateral and multilateral international cooperation; and

Maintain connections with international child-serving organizations
institutions, and counterpart agencies of foreign governments, through the
Philippine National Children’s Conference (PNCC) to facilitate Filipino
children’s participation in global functions and affairs.

SEC. 41. Prohibition on the Curtailment of Freedom of Expression. — No
restrictions shall be placed on children’s freedom of expression, except in the
interests of national security, public safety, or public health, as provided by law. Any

restrictions imposed should not undermine or jeopardize the essence of this right.

1


TITLE I
MEDIA AND PARTICIPATIVE NETWORK PLATFORMS

SEC. 42. Right to Safe Space and Freedom of Expression. - Children shall have
safe spaces to express freely their views on matters affecting their rights in traditional
and participative networking platforms. They shall have the freedom to seek,
receive, and impart information and ideas of all kinds, regardless of frontiers,
whether orally, in writing, in print, through art, or any other media of their choice.
Their views shall be given due weight in decision-making processes. Parents and
parent- substitutes shall be encouraged to guide their children in using these
platforms in ways that are age-appropriate, ensuring that their emotional and mental

well-being, maturity, and overall development are taken into consideration.

Children shall be informed about complaint mechanisms available if freedom
of expression is violated across all platforms. Parents or parent-substitutes should
also educate children about how to protect their online rights and navigate platforms

safely.

SEC. 43. Access to Safe and Child-Appropriate Information. - Children shall have
access to safe and child-appropriate information and materials from a variety of
national and international sources, particularly those promoting their social,
spiritual, moral, physical, and mental well-being. Parents or parent-substitutes shall
be responsible for ensuring that the content accessed by children aligns with their

developmental stage and maturity level.

R


SEC. 44. Access to Culturally Sensitive and Inclusive Information. - Children shall
have access to culturally sensitive and inclusive information, conveyed in a language
they understand, including sign language and braille. Parents or parent-substitutes
should guide children in selecting and engaging with content that is suitable for their

age, mental state, and maturity, encouraging responsible digital behavior.

SEC. 45. Child Participation in Media and Network Platform. - Traditional media
companies and participative network platforms shall consult with children in
developing policies, programs, or publications that adhere to the principles of child
participation. Parents or parent-substitutes shall be actively involved in the decision-
making processes regarding their children’s engagement with such platforms,
ensuring that children’s rights are respected while considering their developmental

needs.

SEC. 46. Right to Privacy. - Children have an absolute right to privacy and their
best interests takes precedence in all forms of publicity. Reporting on matters
involving children must uphold the highest ethical and professional standards.
Parents or parent-substitutes must actively monitor and safeguard their children’s
privacy in both online and offline spaces, ensuring that the child’s consent and best
interests are always respected. Media professionals and individuals handling
sensitive information about children, particularly in public or journalistic contexts,
shall be required to act with the utmost responsibility in managing children's data

and privacy.

B


TITLE I
CHILD PARTICIPATION IN GOVERNANCE

SEC. 47. General Principles. — The State shall ensure that children’s voices are

respected and integrated in governance, supporting the development of more

inclusive, child-friendly policies and initiatives. Children should also be seen as

partners in governance, working alongside adults to shape policies and programs that

impact their lives, fostering mutual respect and collaboration. To this end, the State

shall:

»

s

°

a

Ensure that children's views on laws, policies, judicial, and administrative
procedures, and other matters concerning their best interests are given due
weight, explaining in child-friendly terms how these views were considered

and the outcomes achieved;

Provide children with the information, skills, and platforms to engage in
governance for effective participation. This includes training and education

to empower them to understand and contribute to policy discussions;

Ensure that children have a genuine role in governance processes, where
their views are actively sought, respected, and considered in decision-

making;
Mandate all NGAs and LGUs to tag child-focused investment programs,

budget proposals, and appropriations to make funds allocated for children

transparent and usable in crafting national and local development plans. This

"4


information should be presented in child-friendly formats to engage children
in budget processes affecting their well-being;

e. Establish mechanisms to ensure that children’s inputs are considered, and
that feedback is provided on how their contributions have influenced

decisions; and

f. Publicly provide child-sensitive and disability-inclusive versions of
investment programs, appropriations, allotments, obligations, and actual

disbursements through various media.

SEC. 48. Establishment of an Institutional Mechanism for Child Participation in
Governance. - All LGUs at the municipal, city, and provincial levels shall establish
mechanisms to ensure children’s participation in planning, budgeting, monitoring,
evaluation, and child-led advocacy. This body shall provide inputs and
recommendations to promote a child-centered approach in developing LGU plans,
programs, and activities. The structure, composition, duties, functions, and benefits

shall be defined in the implementing rules and regulations (IRR) of this Act.
SEC. 49. Funding. — Operational funds necessary to the discharge of functions and

conduct of activities of the institutional mechanism shall be included in the LGU

projects, activities, and programs funded by the general fund.

15


CHAPTER VIII
OMBUDSMAN FOR CHILDREN

SEC. 50. Ombudsman for Children (Child Ombud). — The Commission on Human
Rights (CHR) is designated as the Child Ombud consistent with its constitutional

mandate.

The CHR en banc shall appoint one (1) focal Commissioner, who, together
with the Child Rights Center, shall oversee the CHR’s role as the Child Ombud. This
includes the formulation of protocols, guidelines, and policies, as well as the

implementation of programs aimed at promoting and protecting children’s rights.
SEC. 51. Duties and Functions of the Child Ombud. - The Child Ombud shall:

a. Advocate for and ensure the promotion and protection of the human rights

of children;

b. Strengthen its Child Rights Education Program, in alignment with the
Department of Education’s Rights-Based Education Framework, and

establish initiatives to increase children’s knowledge of their rights;
c. Monitor and assess the implementation of children’s rights in the Philippines

and the government’s compliance with the UNCRC and other relevant

treaties;

16


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°

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=

r

. Recommend appropriate policies, programs, or measures to Congress and

relevant government agencies for prompt action on matters affecting
children;

. Establish processes and mechanisms to facilitate the investigation of child

rights violations and ensure children’s access to legal remedies under this

Act and related laws;

Assist. in filing cases against individuals, agencies, institutions,

organizations, or entities that violate the human rights of children;

Ensure remedies are provided for violations against child human rights

defenders;

Ensure that children, including child human rights defenders, are informed
about how to access and seek assistance from the Child Ombud. This
information should be provided in child-friendly language and available in

various accessible formats;

i. Conduct awareness-raising activities on human rights for children, including

those not in school, as well as for their parents and families;

j. Collaborate with the Philippine Commission on Children (PCCh) in

establishing and operationalizing a monitoring, reporting, and response

mechanism for children across the country; and

7


k. Perform functions that are necessary and proper to carry out the purposes of
this Act.

CHAPTER IX
THE PHILIPPINE COMMISSION ON CHILDREN

SEC. 52. Reorganization of the Council for the Welfare of Children. — The CWC
is hereby reorganized into the Philippine Commission on Children (PCCh), which
shall be the central authority on all matters principally relating to the concerns,
rights, and welfare of children. It shall be attached to the DSWD.

The CWC appropriations, personnel, programs, and activities, including
membership in existing committees, councils, and other inter-agency bodies, shall
be transferred to the PCCh. The PCCh shall be organized within one hundred twenty
(120) days from the effectivity of this Act.

SEC. 53. Composition of the PCCh. ~The PCCh shall be composed of a Board of
Commissioners, headed by a Chairperson who shall provide leadership in the
realization of its vision and mission.

The DSWD Secretary shall be the Ex-Officio Chairperson of the PCCh.

The Board of Commissioners shall be composed of the following:

a. Heads of the following government offices:

B


(i) Department of Agriculture;
(ii) Department of Budget and Management (DBM);
(iii) Department of Health (DOH);
(iv) Department of the Interior and Local Government (DILG);
(v)Department of Justice (DOJ);
(vi) Department of Labor and Employment (DOLE);
(vii) National Economic and Development Authority (NEDA);
(viii) National Nutrition Council;
(ix) National Youth Commission (NYC); and
(x) Department of Education (DepEd).

b. Four (4) private individuals recognized as child advocates representing the
four (4) core rights of children, namely, Child Protection, Child Health and
Nutrition, Child Development, and Child Participation;

c. One (1) child representative; and
d. The Executive Director of the PCCh.
The four (4) private individuals shall be selected by the Board of

Commissioners through a transparent process, and subsequently appointed through

a Board Resolution. They shall serve a term of three (3) years subject to one (1)

reappointment.

The Child Representative must be at least fifteen (15) years old and not more

than eighteen (18) years old at the time of selection and appointment as an active

19


member of a legitimate children’s organization. The child representative shall be
selected througha transparent and participatory selection process through the PNCC,
and thereafter be appointed through a Resolution by the Board of Commissioners.
The child representative shall serve a term of three (3) years without reappointment.

SEC. 54. National Children’s Advisory Group (NCAG). ~ There is hereby created
a NCAG under the PCCh, which shall be headed by the Executive Director as
Chairperson. The NCAG shall deliberate on the concerns and recommendations of
the sectoral councils, committees, subcommittees, and other relevant structures of
the PCCh and submit recommendations to the PCCh on the needed policy
guidelines, programs, and projects for the well-being of children. It shall be

composed of the following members:

a. DepEd;
b. DOH;
;. Department of Information and Communications Technology;
DILG;
DOJ;
DOLE;
. DSWD;
. Department of Science and Technology;
i. NEDA;
CHR;

eae

FoR om

aad

. National Commission on Indigenous Peoples;
1. National Commission on Muslim Filipinos;

m. Commission on Population and Development;

80


n. National Authority for Child Care;

©. Early Childhood Care and Development Council;

p. National Council on Disability Affairs;

q. Juvenile Justice and Welfare Council;

r. NYC;

s. Philippine Sports Commission;

t. National Anti-Poverty Commission - Child Basic Sector Child

Representative; and
u, Child Representative each from Luzon, Visayas, and Mindanao.

The Child Representatives from Luzon, Visayas, and Mindanao shall be
selected through transparent and participatory selection process through the PNCC

and shall serve a term of three (3) years without reappointment.

The members of the NCAG may designate their permanent and alternate
representatives, who shall have a rank not lower than a Director or its equivalent, to
attend meetings of the NCAG. The NCAG may invite other government agencies or
instrumentalities to participate in its proceedings, as it may deem necessary.

SEC. 55. Powers and Functions of the PCCh. — To achieve the objectives of this
Act, the PCCh shall have the following powers and functions:

a. Provide leadership in the formulation of policies and the setting of

priorities and direction of all child promotion and development programs

and activities;

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-

°

a

°

m

a

r

Act as the leading advocate for child rights and well-being;

Advocate for the integration of child rights and welfare into all relevant

government policies, plans, and programs;

. Develop integrated plans, policies, programs, projects, and services that

promote the general welfare and protect the best interests of children;

Establish guidelines or standards for conducting amandatory WWCC for
employees or personnel directly working or engaging with children to

verify their eligibility and suitability;

Oversee the implementation and enforcement of policies, plans, and

programs that promote and protect children’s rights and welfare;

Create a system of networking and coordination among NGAs, LGUs,
NGOs, CSOs, and other stakeholders to ensure effective implementation
of plans and strategies for children;

Serve as an oversight body over committees, councils, bodies, and other
structures, recommending areas for improved and efficient coordination,

information-sharing, and monitoring of child safety and well-being;

i, Conduct research and studies on children, in collaboration with relevant

government agencies, bureaus, offices, or departments;

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j. Review, monitor, and evaluate all domestic or local and international
policies, plans, and programs on children’s right, establishing a primary

system for monitoring, evaluation, and reporting;

k. Establish a 24/7 monitoring, reporting, and response system for

children’s concerns;

1. Advocate for, pilot test, and recommend to the appropriate agencies the
nationwide implementation of new and innovative programs and services

for children’s welfare and protection;

m. Provide technical assistance and capacity-building at all levels to
supportthe effective implementation of its policies, plans, and programs,

especially those involving mechanisms for children;

n. Maintain strong partnerships with LGUs and communities to enable
responsive action, close collaboration, and tailored interventions,

addressing the specific needs of children at the grassroots level;

o. Advocate for the allocation of resources to ensure the efficient and
effective utilization of interventions with the greatest impact on children's

well-being;

p. Mobilize resource assistance and call upon NGAs, LGUs, and public and

private entities to support its functions;

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q. Ensure convergence of efforts in addressing children’s issues and
concerns among councils and committees through improved and efficient
coordination in planning, data-sharing, and aligning monitoring and

oversight practices;

Enter into contracts to facilitate the implementation of undertakings for
children;

Submit an annual comprehensive report on its activities and

accomplishments to the President and the relevant congressional

committees;

. Develop child-friendly mechanisms, processes, and platforms, especially
during disasters and emergencies, to ensure the dissemination of relevant,
inclusive, and culturally sensitive information on government policies

and services for children;

Seek reports and feedback from children on the implementation of

5

programs and the delivery of services;

<

Engage children in the design, planning, budgeting, and monitoring of

government plans, programs, and services;

w.Accept grants, contributions, donations, endowments, bequests, or gifts
in cash, or in kind from local and foreign sources to support the

development and implementation of child rights and welfare programs


and plans: Provided, That in case of donations from foreign governments,
acceptance thereof shall be subject to prior clearance and approval of the
President of the Philippines upon recommendation of the concerned
agency: Provided, further, That such donations shall not be used to fund
personal expenditures and other operating expenses of the PCCh;

x. Establish and formalize the indicators for the Child-Friendly Local
Governance Audit, in collaboration with the DILG; and

y. Perform additional functions necessary to effectively carry out the

provisions of this Act.

SEC. 56. Organizational Structure and Staffing Pattern of PCCh. — The PCCh
shall determine its organizational structure and staffing pattern in accordance with
the revised compensation and position classification system subject to the evaluation
and approval of the Department of Budget and Management and in compliance with

the civil service laws, rules and regulations, and other pertinent laws.

SEC. 57. Sectoral Committees or Sub-Committees on Children. — Sectoral
committees and sub-Committees on children shall be established to address various
facets of child welfare and concerns, operating in accordance with the principles
outlined in the UNCRC allowing for in-depth attention to the rights enshrined in the
UNCRC. These sectoral and sub-committees shall be structured to cover different
domains relevant to child well-being and have the capacity and flexibility to create
additional committees or sub-committees to address emerging or specialized issues

concerning children.

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SEC. 58. Regional Committees on Children (RCCs). ~ To ensure the effective
implementation of national plans, policies, and programs for child rights across the
Philippines, this Act establishes the RCCs in all geographic regions of the country.
The RCCs shall replicate the composition of the Board of Commissioners
recognizing the diverse needs of children in different regions. RCCs will address
regional specificities while ensuring that national initiatives reach children at both
regional and local levels. The RCCs shall perform the following duties and

functions:

. Facilitate the formulation, adoption, implementation, monitoring, and

p

evaluation of regional plans and policies for children consistent with the
goals and targets at the national level;

s

Advocate for plans, policies, and programs for children, and provide
technical assistance to LCPCs;

Ensure the preparation and updating of the Annual Regional Situation

9

Analysis on Children and the Regional State of Children Report and

advocate for the use of such for planning and programming purposes;

a

. Develop a strategic plan translated into Annual Work Plans outlining

the targets and priorities at the regional level;

. Undertake and submit an annual comprehensive report on its activities

2

and accomplishments to PCCh;

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m

Ensure that local plans and investment programs for children align with

regional priorities;

g. Prepare and submit status reports and special reports on incidents,
emergencies, and other emerging issues affecting children requiring

action at the regional and national levels;

r

Establish and maintain functional linkages with various stakeholders
including NGOs, private sector, academe, faith-based organizations,
and CSOs to support the achievement of the regional goals and targets

for children;

i. Monitor the functionality of LCPCs and coordinate the conferment of
the Seal of Child-friendly Local Governance by the Board of

Commissioners;

j. Coordinate and lead the annual celebration of the National Children’s

Month at the regional and local levels; and
k. Mobilize resources to support the activities of the Committee.
SEC. 59, RCC Secretariat. — To ensure the effective functioning of the RCCs, a

dedicated Secretariat shall be established within each region. This Secretariat will
operate under the oversight of the PCCh and serve as the RCC's executive arm,

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managing its day-to-day operations. The duties and functions of the RCC
Secretariat shall be specified in the IRR of this Act.

SEC. 60. Convergence of Councils and Committees on Children (4Cs). - The 4Cs
shall be created as a system of collaboration and coordination among all councils
and committees specifically addressing concerns on children. It shall ensure
effective and harmonious work relationships among all structures on children and

address their issues at the national, regional, and local levels.

The 4Cs shall be composed of the Chairpersons of the councils and
committees established based on existing laws and issuances. All other councils and
committees that shall hereafter be created with direct implications on children shall
be part of the 4Cs. The PCCh shall issue a Resolution to formalize membership in
the 4Cs.

The 4Cs shall be convened by the Executive Director of the PCCh. It shall
convene quarterly to be attended by the Chairpersons or alternate Chairpersons of
the member councils and committees, to submit policy recommendations for
adoption by the PCCh. All resolutions adopted by the 4Cs shall be officially
forwarded to the PCCh.

The PCCh shall oversee the implementation of the resolutions among the

members of the 4Cs,


SEC. 61. Strengthening of Local Interagency Structures. - The PCCh shall
establish and maintain a strong regional presence and collaborative working
relationship with the RCCs.

In accordance with RA 4881, entitled “An Act Creating a Council for the
Protection of Children in Every City and Municipality of the Philippines and for
Other Purposes”, there shall be LCPCs at all levels, which shall be responsible for
planning and spearheading programs for children at the local level. It shall spearhead
the development and implementation of the Local Development Plan for Children,
Local Investment Plan for Children, and the Local Code for Children. The LCPC
shall submit to their respective RCCs an annual Local State of Children’s Report for
consolidation and submission to the PCCh Secretariat. The PCCh shall call upon all
LCPCs to draw and implement plans for the promotion of the well-being of the child

at the local level.

In recognition of the crucial role of LCPCs in promoting child well-being at
the local level, their annual budget allocation shall be increased from one percent
(1%) to at least two percent (2%) of the total annual budget appropriations of their
respective LGUs. The Commission on Audit shall, together with the PCCh, conduct
an annual audit on the use of the allotted budget to determine the judicious use,
efficiency, and effectiveness of interventions in addressing child-related issues
towards the realization of the objectives of the country's commitments, plans, and
policies on children, Further, the PCCh shall, in coordination with the DILG and
other relevant agencies, work to ensure the establishment and strengthening of the

LCPC.

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SEC. 62. Transitory Provisions. — Upon approval of this Act, the officers and staff
of the CWC Secretariat shall continue to perform their duties and responsibilities in
a holdover capacity and receive their corresponding salaries and benefits. Adherence
to the provisions of RA 6656, entitled, “An Act to Protect the Security of Tenure of
Civil Service Officers and Employees in the Implementation of Government

Reorganization”, shall be ensured.

Incumbent employees who are not reappointed or whose positions are not
included in the approved new staffing pattern of the PCCh shalll be deemed separated
from the service, They shall receive retirement benefits to which they may be entitled
under existing laws, rules, and regulations. Otherwise, they shall be paid the
equivalent of one and one-fourth (1%) month’s basic salary for every year of service
or the nearest equivalent fraction thereof, whichever is more favorable to them,
based on the highest salary received, in addition to the retirement benefits or

pensions under the applicable retirement law.

The new position structure and staffing pattern of the PCCh shall be
recommended by the Executive Director for approval by the Secretary of the DBM,
with due concurrence of the Civil Service Commission within one hundred sixty

(160) days from the approval of this Act.

Authorized positions created thereunder shall be filled with regular
appointments, The authority of the Executive Director of the PCCh shall be extended
to appointments and other personnel actions in accordance with Sections 29 and 30,
Chapter 6, Book IV of Executive Order No. 292 or the “Administrative Code of
1987”.


SEC. 63. Establishment of the Philippine National Children’s Conference. -The
PNCC shall be a biennial event organized and facilitated by the PCCh, designed to
provide a platform for promoting the rights of children to participate in all matters
affecting their lives. It shall also serve as a mechanism for consultation on how
children can be actively engaged by government agencies and NGOs in addressing
children’s issues. The PNCC shall be held after the Local and Regional Children’s

Conference.

The PNCC shall also function as the national selection process for identifying
child delegates to represent the country in the ASEAN Children’s Forum, ensuring

that the voices of Filipino children are heard at a regional level.

SEC. 64. Tax and Duty Exemptions. — All grants, bequest, endowments, donations
and contributions made to PCCh to be used actually, directly and exclusively for and
in accordance with the purposes and functions of PCCh shall be exempt from
donor's tax and the same shall be considered as allowable deduction from the gross
income of the donor, in accordance with the provisions of the RA 8424, as amended,

otherwise known as the “National Internal Revenue Code of 1997”.

PCCh shall be exempt from customs duties in accordance with RA 10863,

otherwise known as the “Customs Modernization and Tariff Act.”

OL


CHAPTER X
FINAL PROVISIONS

SEC. 65. Annual Report. - The PCCh and other concerned government agencies
shall, on or before June 30 of each calendar year, submit an annual report to
Congress, giving a detailed account of its proceedings and accomplishments during
the year and making recommendations for modifications or improvements to

enhance the effectiveness of this Act.

SEC. 66. Appropriations. — The amount necessary for the initial implementation of
this act shall be charged against the current year's appropriations of the department
and agencies concerned. Thereafter, such amount shall be included in the annual

General Appropriations Act.

SEC. 67. Implementing Rules and Regulations, — The PCCh shall, in consultation
with the concerned NGAs, LGUs, NGOs, and CSOs, formulate and issue the IRR
within ninety (90) days after the approval of this Act.

SEC. 68. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee composed of five (5) members from the Senate
of the Philippines and five (5) members from the House of Representatives. The
members of the Senate shall be composed of the Chairperson of the Senate
Committee on Women, Children, Family Relations and Gender Equality and the
remaining four (4) members shall be appointed by the Senate President. The
members of the House of Representatives shall be composed of the Chairpersons of
the Committees on Welfare of Children, Women and Gender Equality, and

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Population and Family Relations and the remaining two (2) members shall be

appointed by the Speaker of the House of Representatives.

The oversight committee shall monitor and ensure the effective
implementation of this Act, recommend the necessary remedial legislation or
administrative measures, and perform such other duties and functions as may be
necessary to attain the objectives of this Act.

SEC. 69. Suppletory Application. — For purposes of this Act, Act No. 3815, as
amended; Presidential Decree No. 603, as amended; RA 7610, as amended; RA
9208, as amended; RA 11930, and all other applicable laws shall have suppletory

application.

SEC. 70. Separability Clause. — If any part or provision of this Act is declared

unconstitutional, the remaining parts or provisions not affected shall remain in full

force and effect.

SEC. 71. Repealing Clause. ~ All laws, decrees, orders, and rules and regulations
inconsistent with the provisions of this Act are deemed amended, modified, or

repealed accordingly.

SEC. 72. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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