I 
THIRTEENTH CONGRESS OF THE REPTJBLIC ) 
OF THE PHILIPPINES 
1 
*Qd JUN 30 PI :20 
First Regular Session 
) 
Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 13 provides: 
Section 13. The State recognizes the vital role of the youth in nation- 
building and shall promote and protect their physical, moral, spiritual, intellectual 
and social well-being. It shall inculcate in the youth patriotism and nationalism and 
encourage their involvement in public affairs and civic affairs. 
The people abhor child abuse, for it creates a climate of fear that affects ,society. 
The effects of child abuse are long term and may even last a lifetime for the victims. 
More often than not, victims remain under physical and psychological threats, especially if the 
perpetrators are not brought to justice. 
In keeping with the mandate of the Constitution and the precepts of the United Nations 
Conventions of the Child, this bill seeks to protect the rights and welfare of children by 
establishing a victim’s bill of rights for children. 
LUISA ccLOI’’ 4 EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
S. No. 
"04 JUN 30 P 4 :20 
Introduced by Senator LUISA "LOI" P. EERCITO ESTRADA 
AN ACT 
PROTECTING TFIE RIGHTS OF CHILDREN WHO ARE VICTIMS OF CRTME AND 
ESTABLISHING A VICTIM'S BILL OF RIGHTS FOR CHILDREN. 
Be it enacted by the Senate and House of Representatives of the Phif@pines in Congress 
assembled: 
SECTION 1. Short Title - This title may be cited as the ' Bill of Rights for Children Act'. 
SECTION 2. The Rules of Court, Rule 130, Sections 20 is hereby amended to 
read as follows: 
Section 20. Witnesses; their quali$cations - Except as provided in the next 
succeeding section, all persons who can perceive, and perceiving can make known 
their perception to others, may be witnesses. 
Religious or political belief, interest in the outcome of the case, or 
conviction of a crime unless otherwise provided by law shall not be a ground for 
disqualification. 
A CHILD IS PRESUMED TO BE COMPETENT. IF THE CHILD'S 
COMPETENCY IS QUESTIONED, THE COURT SHALL DETERMINE 
WHETHER THE CHILD IS MENTALLY CAPAEILE OF UNDERSTANDING 
THE NATURE OF THE QUESTIONS PUT TO THE CHILD, WIiETHER THE 
CHILD IS ABLE TO FORMULATE INTELLIGENT ANSWERS AND 
COMMUNICATE IMPRESSIONS AND RECOLLECTIONS REGARDING 
THE INCIDENT ABOUT WHICH THE CHILD IS TO TESTIFY, AND 
WHETHER THE CHILD CAN UNDERSTAND THE RESPONSIBILITY TO 
TELL THE TRUTH. 


SECTION 3 .  Testimony - A court may, upon its own motion, or motion of any party, 
order that testimony of a child be taken in a room other than the courtroom and be televised by 
closed circuit equipment in the courtroom to be viewed by the court. Only the judge, parties, 
counsel, persons necessary to operate the equipment, and any person whose presence, in the 
opinion of the court, would contribute to the welfare and well-being of the child, may be present 
in the room with the child during the child's testimony. 
In addition, the court may require a party be sequestered in an adjacent room or behind a 
screen or mirror that permits the party to see and hear the child during the child's testimony, but 
does not allow the child to see or hear the party. However, if a party is so sequestered, the court 
shall take measures to insure that the party and counsel can confer during testimony, and that 
there be an opportunity for cross examination. 
SECTION 4. Recorded depositions- The court-- 
(A) may, upon motion of a party, order that the testimony of a child be taken by recorded 
deposition for use at trial; And 
(B) may order such depositions to be conducted in the same manner as trial testimony 
SECTION 5 .  Statements of sexuaZ abuse- The court may upon motion of a party admit 
into evidence the recorded statements of a child describing sexual conduct performed with or on 
the child if the court determines that the recorded statements substantially comport with the 
requirements of admission under the rules of evidence. 
SECTION 6. Anatomical dolls - The court may permit the use of anatomical dolls, 
puppets, and other appropriate children's dolls or toys which the court in its discretion, determines 
may aid the testimony of a child in describing sexual conduct performed with or on the child. 
SECTION 7. Limits on ipztewiews- The court shall take all reasonable steps to limit the 
number of interviews of a child witness by prosecutors, defense counsel, child psychologists, and 
other expert witnesses, and all others, who, in the opinion of the court shall have the right to 
interview the child, in conjunction with proceedings before the court. 
SECTION 8. Privacy/a&ress protection- The identity of the child victim or any 


information reasonably likely to disclose the identity of the child shall not be released to the public 
by any public employee except as authorized by the court. To protect the child's welfare, name 
and identifying biological information including any report, paper, picture, photograph court file, 
or other document that identifies the victim, shall not appear on the information or indictment or 
any other public record, and instead a non-descriptive designation shall appear on such public 
records. These provisions do not apply to the release of such information to the accused or 
accused's counsel. 
Except as provided in this rule, reports of child abuse or neglect and the name and address 
of any child, family, or informant or any other identifying information contained in such reports 
shall be confidential and shall not be public information. In a prosecution for a criminal offense 
where the alleged victim of the offense is a minor under 18 years of age, the court may exclude 
fkom the proceedings while the victim is testifying, all persons, who, in the opinion of the court, 
do not have a direct interest in the case. The court should ensure that addresses of the child 
victims and witnesses are not made public or available to the defense, absent a clear need as 
determined by the court. 
SECTION 9. Use of multi-disciplinary assessment teams- The confidentiality 
requirements of section 8 shall not impede the efforts of any court to utilize the services of 
multidisciplinary assessment teams in child victimization cases. 
SECTION 10. Extension of child statute of limitations- There is no limitation of time 
within which a prosecution must be commenced for any sex offense involving a victim under 18 
years of age, regardless of whether it involves force or serious physical injury or death. If at any 
time when any cause of action for recovery of compensation for damage or injury to the person of 
a child exists, a criminal action is pending which arises out of the same occurrence and in which 
the child is the victim, the time during which the criminal action is pending shall not be deemed or 
taken as any part of the time limited for the commencement of the civil action. As used in this 
subdivision, a criminal action is pending until its final adjudication in the trial court. 
SECTION 11. Guardian ad litem- The court shall appoint a guardian ad litem to protect 
the interests of the minor when it appears, at any stage of the proceedings, that the minor is 


without a parent or guardian, or that the minor's parent is a minor or incompetent, or that the 
parent or guardian is indifferent or hostile to the minor's interests, and in every proceeding 
alleging neglect or dependency. In any other case, the couit may appoint a guardian ad litem to 
protect the interests of the minor when the court feels that such an appointment is desirable. The 
court may appoint the guardian ad litem on its own motion. 
SECTION 12. Child attenht- A child less than 18 years of age, while testieing at or 
attending a judicial proceeding, shall have the right to be accompanied by a parent, a 
victidwitness counselor, or other adult designated by the court. The accompanying person may 
be placed side by side with the child at the discretion of the presiding judge or court officer. Such 
support person shall not provide the witness with an answer to any question or otherwise 
participate in such proceedings. The attendant shall act as a friend of the court, to advise the 
judge, whenever appropriate, of the child's ability to understand and cooperate with any court 
proceedings and to explain, in language understood by the child, all proceedings in which the child 
will be involved; to assist the child and the child's family in coping with the emotional impact of 
the crime and subsequent criminal proceedings in which the child will be involved; and to advise 
the district attorney concerning the ability of a child witness to cooperate with the prosecution 
and potential effects of the proceedings on the child. 
SECTION 13. Spee4 trial- In any action for a prosecution involving a dangerous crime 
against children, the prosecutor shall file a certificate stating that the case is of special public 
importance. The clerk shall immediately hrnish a copy of the certificate to the presiding judge 
and, after receiving the copy, the chief judge shall immediately designate a judge to hear and 
determine the action. The judge designated shall, consistent with rules of criminal procedure, 
expedite the action and the action shall take precedence over prosecution of any other proceeding. 
The court shall ensure a speedy trial in order to minimize the length of time the child must endure 
the stress of his or her involvement in the proceeding. In cases in which a judge is deciding 
whether to grant a continuance, the judge shall take into consideration the age of the alleged 
victim. When possible the court shall consider the consolidation of matters in which children are 
victims or witnesses. 


SECTION 14. Child Abuse Reporting - Any physician, osteopathic physician, nurse, 
teacher, school personnel, social worker, coroner, medical examiner, child caring personnel, 
resident, intern, chiropractor, dentist, optometrist, health professional, peace officer, mental health 
professional, or other person who knows or has reasonable cause to believe that a child is an 
abused or neglected child, shall report or cause a report to be made to appropriate authorities. 
Reporters shall be immune from liability under this section. 
SECTION 15. Child care worker employee backgrmnd check - Each agency of the 
government hiring individuals in the educational, correctional, child abuse investigation, child- 
caring, child-placing, and other fields determined to have supervisory or disciplinary authority 
over children, shall require a report of the criminal history of specified employees. 
SECTION 16. Separability Clause - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 17. Repealing Clause - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with 
the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 18. Eflectivity Clause - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.