Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City”

Fifteenth Congress
First Regular Session

COMMITTEE REPORT NO. 844,

‘Submitted by the Committee on the Welfare of Children on __.

Re: House Bill No.___ 4480
Recommending its approval in substitution of House Bill Nos. 1198 and 1712

Sponsors: Representatives Aurora Enerio-Cerilles, Marcelino R. Teodoro and
Maria Isabelle “Beng” G. Climaco

eee

Mr Speaker:

The Committee on the ‘Welfare of Children to which was referred House Bill No.
1 £98 introduced by Rep. Marcelino R. Teodoro entitled:

"AN ACT .
PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN
INVOLVED IN, AFFECTED BY OR DISPLACED BY ARMED
CONFLICT, PROVIDING PENALTIES FOR ITS VIOLATION, AND
FOR OTHER PURPOSES”

and House Bill No, 1712 introduced by Rep. Maria Isabelle “Beng” G. Climaco, entitled:

vAN ACT
PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN
INVOLVED IN, AFFECTED BY OR DISPLACED BY ARMED
. CONFLICT, PROVIDING PENALTIES FOR IFS VIOLATION, AND
- FOR OTHER PURPOSES” :

has considered the same and recomnends that the attached House Bill No. 4480
entitled : ne

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



be approved in substitution of House Bill Nos. 1198 and 1712 with Reps. Teodoro, Climaco,
__._ Lacson-Noel, Mercado-Revilla, Eriguel, Enerio-Cerilles, Cruz-Gonzales and Bataoil as

authors thereof,
4 Respectfully submitted,
AUROI (0-CERILLES
Committee on the Welfare of Children
“SHE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


Republic of the Philippines

Gongress-of the Philippines.
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

£480

Hoase Bill No.,

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

Introduced by Representatives Marcelino R. Tecdoro, i
Climaco, Josephine R. Lacson-Noe!, Lani Mercado-Revilla, Eufranio "Franny" C.
Friguel, Aurora Enerio-Cerilles, Cinchona Cruz-Gonzales and Leopoldo N. Bawoii

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

1 CHAPTER 1

2 GENERAL PROVISIONS

4 SECTION 1. Short Title - This Act shali be known as the “Special Protection
3 of Children in Situations of Armed Conflict Act of 26112

6 SEC. 2. Declaration of State Policy - (t shall be the policy of the State to
7 provide special protection to children in situations of armed conflict from all forms of
& abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial to
9 thei development, taking into consideration their gender cultural, ethnic, and
10 religious background. Fot this purpose the State shall:
u a. Fully implement the protection guaranteed under the Convention on the Rights
12 of the Child, its Optional Protocol om the involvement of Children in Armed
13 Conffict and all other core human rights treaties, particularly, the
4 international Covenant on Civil ond Political Rights dnd the Convention
15 Against Torture and Other Cruel, Takumane and Degrading Treatmens; other
16 pertinent international instruments such a5 but not limited to the JO
7 Convention No. 182 concerning the probitition and immediate action for the
18 elimination of the worst forms of child labor: the Geneva Conventions uf 1949

and the additional protoco!s satified by the Philippines; the Convention on the

oe


1

———2— —Fersonmet Mines and orrtheir Destruction,
b

Ow Dm

Prohibition of the Use, Stockpiling, Production and Transfer of Anti-

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

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

Consider as paramount the best interests of children and treat all children
involved in, affected by or displaced by armed conflict as victims;

Take all feasible measures to prevent the recruitment and use of children in
armed conilict and shal] take all necessary measures to ensure the effective
implementation and enforcement of the provisions of this Act;

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

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

Continue to fulfill its responsibilities to end impunity and to prosecutz those
responsible especially for grave child rights violations in armed conifict; and
Ensure the right 1o participation of children affected by armed conflict in all
its policies, actions, decisions concerning their rescue, rehabilitation and

reintegration.
SEC. 3. Scope of Application — This Act shall apply ‘o all children involved

in, affected by or displaced by armed conflict.

‘The application of this Act shall not affect the Jexal status of any party to an

armed conflict.


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SEC. 4. Interpretation of this Act - ‘Nothing in this Act shall be construed as

_procading provisions in-existiig Philippine ta

related instruments, and intemational humanitarian laws that are more conducive to

the realization of the rights of chitdren.

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

(a) Abduction of children refers to the seizure, apprehension, taking in custody,
eiengpn or capture of one ot more children either temporal orpermanently by ,
force, threat of force or coercion, or deception for the purpose of arly form of
exploitation af such children in the sitaation of armed conflict.

(b) Armed conflict refers 10 armed confrontations occurring between governmental
armed forces and one or more armed groups, or between such groups arising in
the Philippine territory. These shall inchude activities which may lead to armed
confrontation of armed violence that put children’s lives at risk and their rights
violated.

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

(@ Attacks on schools, hospitals, places of worship, evacuation centers and public
places where children are usually found refer to the occupation, shelling, targeting
-for propaganda of schools, hospitals or places of worship; causing damage to such
plaves, or harm of injury to their personnel; or causing the total or partial physical
destruction ‘of sich facilites; or disruption of educational activities. and health
services, It also refers to attacks of such places which iave been temporarily
ahandoned by the community 2s a result of armed conflict, unless these places
have been declared as a “no man’s land”.

(©) Child protection refers :o the measures, structures and’ activities that easure the

"prevention and response to abuse, neglect, exploitation and viclenee affecting
children. {t shall include the promotion of their development and psychosocial
well-being;

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

(@) Children In Situations of Armed Conflict (CSAC) refers to all Children Involved
In Armed Conilict (CIAC), Children Affected By Armed Conflict (CAAC), and

3 ° ‘*



Internally Displaced Children (IDC).

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th) Children Invoived in Armed Conjtict (CIAC) refers to children who are either
forcibly, compulsorily recruited or who voluntary joined in any governmental
armed forces or any armed group in any capacity to participate directly in armed
hostilities as combatants or as fighters, or take support roles such as but not
limited to scouting, spying, sabotaging, acting as decoys, assisting in check-
points, being couriers, messengers, porters, cooks and being used for sexual
Purposes.

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

i) Demobitization of children refers to the process of formal and controfled

disarmament of children and their release from an armed force or armed group. It
shall fikewise refer to the informal ways in which children leave the governmental
armed forces or armed group. It entails a disassociation from the armed force or
armed group and the beginning of transition to mainstream society.
Demobilization of children can take place during the situation of armed confli

is not dependent on the temporary or permanent cessation of hostilities; it is not
dependent op children having weapons to forfeit.

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

(I) Food blockade refers to an armed conflict tactic of forcibly cutting off entry of

food supplies in a particular area where children can be, found.
{m) Governmental urmed forces refer to the Armed Forces of the Philippines (AFP)
including the paramilitary forces, the Philippine National Police (PNP), and other

law enforcement agencies.


1 (@) Grave child rights violations. refer to the crimes committed against children that

constitute Dagrant vielations of their human-rights-and have severe-coasequences-—————————

in their fives. These crimes include those enumerated in Section 8 of this Act,
4 such as but not limited to, killing or maiming of children, recruitment or use of
CIAC, rape and other forms of sexual violence against children, abduction of

3

6 children, attacks against schools or hospitals, or denial of humanitarian access to

7 children.

8 (0) Hamleting refers to an armed conflict stratcgy that isolates a community of

9 importance to the enemy which is inhabited by children including relocating
10 community away from crucial zones. This strategy could be used to control the
i activities of the people in said areas.

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

15 (q) Humanitarian access refers to the right of vulnerable popalations to receive
16 intemational protection and’ assistance from an impartial bumanitarian relief
17 operation to complement efforts of national authorities. Such action is subject to
ny the consent of the State or parties concerned and does not prescribe coercive
19 measures in the event of refusal, however unwarranted.
30 @ Humanitarian assistance refers to aid that seeks to save lives and alleviate
21 suffering of a crisis-affected population. Humanitarian assistance must be
22 provided in accordance with the basic humanitarian principles of humanity,
23 impartiality, independence and neutrality. Assistance may be divided into three
24 categories: direct assistance, indirect assistance and infrastructure support, which
25 have diminishing degrees of contact with the affected population.
26 (5) Internally Displaced Children (IDC) xefers to children or group of children,
7 whether separated or together with their families, who have been forced or obliged
28 to flee or to leave their homes or places of habitual residence, in particular, as a
29 result of or in order to avoid the effect of armed conflict and situations of
30 generalized violence.
31 () Improvised Explosive Device (IED) refers to a device that is homemade or
32 fabricated, constructed and deployed in ways other than conventional military

ers) aetion; Containing of having contents from indigenous Hiaterials OF Suibstinces that a

34 are destructive, lethal, noxious, pyrotechnic or incendiary chemicals, and designed
5


1 to destroy, kiil, incapscitate, harass or distract. [EDs are diverse in design, such as

~—___2.___buit not limited to, packages or landmine. or-road-side-bormbs,and-contain many——————__

types of initiators, detonators, penetrators, and explosive loads. These include

3

4 shrapnel-generating objects such as, but not limited to nails, ball-bearings, small-
5 pieces of iron or steel bars, and alike that may be used individually or in
6 combination. These are triggered by various methods such as by remote contro!
7 or command-detonation.

8 (0) Killing of children refers to acts of all kinds in the context of armed conflict that
a result in the death of one or more children. Among others, they include the death
10 of children as a result of direct targeting and indirect actions, such as cross-fire,
H use of landmines, cluster munitions, ERW, all forms and types of IED; or house

12 * demolitions, search and arrest campaigns, suicide attacks and torture; they also
1B include murder, homicide and such other similar crimes as defined in the Revised
14 Penal Code and other special laws, as amended,

15 (v) Maiming of children refers to acts of all kinds in the context of armed conflict that
16 result in serious or permanent or disabling injury, scarring or defacing, or
\7 mutilation to one or more children. It shall cover infentional maiming of children
8 where they are directly targeted, and causal maiming of children which result

19 from indirect actions, such as cross-fire, use of landmires, cluster munitions,
20 ERW, ail forms and types of IED; or in the context of house demolitions, search
a and arrest campaigns, suicide attacks and torture.
22 (w)Other acts of gender-based violence refer to physical or sexual violence other
23 than rape, and psychosocial harm that is committed against a person as a result of
24 power inequities that are based on gender roles. These include, among others,
25 sexual slavery, prostitution, forced marriage, forced pregnancy, or forced
26 sterilization.
* 27° (x) Rape refers to the crime of rape as defined under Article 266-A of the Revised
28 Penal Code, as amended by Republic Act No. 8353 or the Anti-Rape Law. .
29 (y) Recruitment refers to compulsory, forced or voluntary conscription or enlistment
30 of children into the governmental armed force or forced or voluntary membership
3 imto the armed group.

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


1 (0a) Zone of Peace refers to a site with sacred, religious, historic, educational,
__3-_eujturel_geegraphicel—or-environmental importanee—whieh—is—protected—and———~

3 preserved by its own community and officially recognized by a governmental

4 authority. It is not merely 2 "Demilitarized Zone”, but a sangtuary that operates

within ethical principles of non-violence. free from weapons, acts of violence,

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injustice and environmental degradation.

oa

CHAPTER 2
7 RIGHTS OF CHILDREN IN ARMED CONFLICT
8 SEC. 6, Children as Zones of Peace - Children are hereby declared as zones
9 of peace. The treatment of children as zones of peace shail extend beyond territorial
© or geographical boundaries and focus on the person of the child whose rights shall be
11 promoted and protected at all times, especially in situations of armed conflict or
12 violence. The State and all sectors concemed shall have thé responsibility to cesolve
13 armed conflict in order to promote the goal of children as zones of peace. As such,
14 the community, governmental authority and. if appropriate, religious leadership shall
15. preserve the peacefull integrity of childrea and shall exemplify mutual respect and
16 non-violent behavior in the presence of children, and share their resources for

17 furthering peace and cooperation.
18 SEC. 7. Rights of Children In Situations of Armed Conflict - Children in

AC) shall have the foliowing rights:

19 Situations of Armed Conflict (
20 (a) the right of special respect and protection against any form of abuse, neglect.

21 exploitation and violation, especially in the context of armed conflict;

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

27 (¢) the right to be considered as object of speciat respect and to be protected from

28 any fonn of direct or indiscriminate attacks and acts of violence especially
29 protection from the grave child rights violations ax enumerated in Section 8 of
30 this Act;

___31._. 44) the right to be protected ftom recruitment into the governmental-armned-forces-or——

32 armed groups and from participation in armed conflict. ‘his shall include the

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20 th)

3.06

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right to be protected from torture oF any cruel, inhuman or degrading practices

that compel_-compliance —os_panish—noa-compliance with_recruiument—or ———_——__——

participation in armed conflict;

the right to be immediately provided and have safe access to essential, adequate
and culturally appropriate food und nutrition; basic shelter and housing; culturally
appropriate clothing; water, sanitation, and hygiene; basic health services
including, essential drugs, medicines and vaccines, heslth professional evaluation

and appropriate intervention; education, including religious and moral education

Early Childhood Care and Development (ECCD) programs, psychosocial support,

and social services, All services provided for children must be child and gender

sensitive or responsive;

the right to enjoy their freedom of thought, conscience, religion or belie’, opinion
and expression; to associate freely and participate cqually in legitimate
community affairs; to coromunicate in a language they understend even in

situations of armed conflict and whether or not they have been intemally

displaced or are living in evacuation centers or setlements;
the right of the wounded and sick children to be cared for and providec with aid

or assistance or medical services. whether because of their age or for any other

reason;
the right of all children to be treated bumanely in all circumstances, without any

adverse distinction founded on race color, religion of fuith, gender, birth or

wealth, of any other similar criteria,
the right not to be interned in or confined in camp, especially IDC and their

families;
the right of IDC, unaccompanied minors, expectant mothers, children with

disabilities, the wounded and the sick children to protection and assistance

required by their condition, and to treatment which takes into account their special

needs, such as but not limited two their healt needs, rzproductive health care as

well as appropriate counseling, prevention of contagious und infectious diseases.
jacluding HIV/AIDS, and sccess to psychosocial services;
the right of children to be with their families, especially with their mothers, during
evacuations and in evacuation centers; :
the Fight to liberty of movement and freedom to chddse theif tesidence especially
the {DC and their families who shall have the right to move freely in and out of

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2 these centers or settlements:

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evacuation centers or other settlements, subject to existing rules and regulations in

{m) the right especially of IDC and their families to: leave the country; seek safety ia

@)

(0)

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(q

another part of the country; seek other service providers; seek asylum in another
country; and be protected against forcible return to resettlement in any place
where their life, safety, liberty or health would be at risks
the sight of all children to be reunited with their families im case of separation due
to armed conflict;
the right to obtain necessary documenvs to enjoy their legal rights. The State
shall have the duty to expedite services in the issuance of new documents or the
replacement of documents lost in the course of displacement, without imposing
unreasonable conditions, and without discrimination against female child and
male child, who shall have equal rights to obtain and to be issued the same in their
own names;
the right of access to justice including free legal aid when filing cases against the
perpetrators, and
the right for the property and possessions of children and their families to be
protected in all circumstances.

‘The rights enumerated in this Section shall aot hinder the application of other

rights recognized and guaranteed in the Constitution and other existing laws in

keeping with the best interests of the child.

7 77 40 Rape of children;

CHAPTER 3
UNLAWFUL AND PROHIBITED ACTS

SEC. 8. Unlawful or Prohibited Acts -
(a)lt shail be unlawful for any person, 10 cornmit the following acts of grave
* child rights violations:

1. Killing of children;

2, Torture committed against children. For the purposes of this Act, torture
shall include those enumerated in Section 4 of Republic Act 9745 or the
Anti-Torture Act, :

3, Intentional or causal maiming of children;


1

2———————chittrenFor-the purposes: of ‘this Act;-erwel—iniraman~and-degrading—————-

we

5, Cruel, inhuman and degrading treatment or punishment committed against

treatment or punishment shall include those enumerated in Section 5 of
Republic Act No. 9745 or the Anti-Torture Act,
6. Abduction of children;
7. Taking children as hostages or using them as human shield;
8. Recruitment, conscription, or enlistment of children into governmental
armed forces and other armeii groups,
9. Other acts of gender-based violence against children,
10, Refusal or denial of humanitarian access and/or assistance to children;
11. Use or involvement of CIAC in any capacity as defined in Section 5(h) of
this Act; and.
12. Attack on schools, hospitals, places of worship, evacuation centers and
settlements and other public places where children can usually be found.
(b) Likewise, it shall be ualawfol for any person to commit the following acts: *
1. Hamleting;
2. Food blockade;
3. Intentional delayed reporting of a child in custody;
4, False reporting of a child in custody; and
5. False branding of children or labeling children as children involved in
armed conflict
(c.)It shall also be unlawful for parents, ascendants, guardians, step parents or
collateral relatives within the third degree of consanguinity or affinity or
any person having control or moral ascendancy {0 the child to allow,
willfully encourage, compel, coerce, or influence their child or children to
be part of an armed group or a governmental armed force.
CHAPTER 4
PENALTIES AND PRESCRIPTION OF CRIME
SEC. 9. Penalties - The following penalties and sanctions are hereby
imposed for the offenses enumerated in this Act:

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

10


(b) Any person found guilty of commiting any of the acts enumerated in
sub] ph {a} Secties 8 of this Act shall —__—. a
be punished with an imprisonment of not less than fourteen (14) years but not

and a fine of not less than One Million Pesos

on Pesus (P2,000,000.00); Provided,

more than twenty (20) years
(P1,000.000.00) put not more than Two. Mi
‘That where the crimes committed resulted in the killing, torture, maiming, oF rape
of children in subparagraphs 1,2,3 ard 4 of paragruph (e) Section 8, the ‘penalty

imposed sha!} be that of Section Qa) of this Act;

(jAny person found guilty of commiting any of the acts enumerated in
subparagraphs 1.2.3.4 ard 5 paragraph (6) Section § of this Act shall be punished
‘with an imprisonment of not less chan six (6) years but not more than twelve (12)
ears and a fine of pot less than Five Hundred Thousand Pesos (P500,0G0.00) but
not more than One Million Pesos (P1,900,000.00).

(@) Parents, ascendant, guardians, step parents or collateral relatives within the third
degree of consanguinity or affinity or any person having control or moral
ascendancy to the child to allow, willzully eacourage, compel, cocrce, or influence
their child or children to be part of an anined group shall be punished with not less
than six (6) years but aot more than twelve (12) years: Provided, however, That
parents, ascendants, guardians, step parents oF collateral relatives within the third
degree of consanguinity or affinity or any person having control or moral
ascendancy to the child found guilty hereof may be allowed 1 serve the minimum
period of impriscnment based on the sound discretion of the courts guided by the
principles of parens patriae.

SEC. 10. Non-implementation or Violation of any other Provisions of this

‘Act or the Rules and Regulations in General - Any public officer. who shall

knowingly and maliciously prevent, prohibit, refuse or discontinue the

implementation of any provision of this Act or any rules and regulations promulgated

imaccordance thereof, or in any other way violate them, if such officer has the duty 10

implement shall be punished by imprisonment ‘of not less than six (6) years bur not

more than twelve (12) years and perpetual absolute disquali fication.
Any such officer who shall ‘prevent, probit, refuse. or discontinue she
implernentation of this Act or its rules and regulations, or in any other way violate

them by reason of inexcusable negligence or ignorance, shall be punished with an

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imprisonment of not fess than one (1) month but not more than six (6) months and

re

Bw

a a

temporary special disqualification. — .

The public officer liable under this Section shall, in addition to the
imprisonment, be held adniinistratively tiable under existing applicable laws.

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

SEC. 11. Forfeiture of Proceeds, Property and Assets - ‘The cout shall order
the forfeiture of proceeds, property and assets derived, directly or indirectly, from the
crimes defined and penalized in this Act. without prejudice to the rights of the bona
‘fide thied pasty. The court shalt impose the corresponding, accessory penalties under
the Revised Penal Code, especially where the offender is a public officer.

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

SEC. }2. Non-prescription. - The crimes defined and penalized under this
‘Act. their prosecution, and the execution of sentences imposed on their account, shall

not be subject to any prescription.
CHAPTERS

PRINCIPLES OF CRIMINAL LIABILITY AN!
APPLICATION OF PENALTIES

SEC. 13. | Individual Criminal Responsibilities - Any person gommitting
such as crime shall be criminally jiable for a crime defined and penalized in this Act,
whether as an individual, jointly with another or through another person, regardless of
whether that other person is criminally responsioie: :

SEC. 14. Irrelevance of Official Capacity - This Act shall apply equally to
al} persons without any distinetion Based on official capacity. In ne case shall the
official capacity exempt a person from criminal responsibility or constitute & ground
for reduction of sentence.

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

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1 (a) That superior either knew or, owing to the circumstances at the time, should have

rr a knowir har the subordinates were committing or about to commit-such-erimes;-er———————-.
3 (b) Tht superior failed to take all necessary, legitimate, and reasonable measures to
prevent or repress their commission or to submil the matter to the competent

authorities for investigation and prosecution.
SEC. 16. Orders from a Superior - The fact that a crime defined and

superior, shail not relieve that person of crimiaal responsibility untess all of the
following elements occur:

(a) The person was under a legal obligation to obey orders of the superior in question;
il (b) The person did not know that the order was unlawful; and

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5
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7 penalized under this Act has been cémmited by a person pursuant to an order of a
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12 (c) The order was not manifestly unlawful.

3 For the purposes of this section, orders to commit grave child rights violations
14 enumerated in Section 8 are manifestly unlawful and shall be punished by this Act
15 and other applicable existing Jaws.

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

(CHAPTER 6
INVESTIGATION, PROSECUTION AND COURT

2 SEC. 18, Court, Prosecutors and Investigators - The Family Courts shall
22 have original and exclusive jurisdiction over the crimes punishable under this Act.
B The Commission on Human Rights (CHR), the Department of Justice (DOD)

24 and its attached agencies, the Philippine National Police (PNP) or other concerned
25 law enforcement agencies shall designate prosecutors or investigators, as the case may
26 be, for cases involving crimes punishable under this Act.

27 The State shall ensure that judges, prosecutors and investigators, especially
28 those designated for purposes of this Act, receive effective training in buman rights
29 particularly on Convention on the Rights of the Child and its Optional Protocal on
30 involvement of CIAC “and retated imemational instruments, international

31 Humanitarian Law and International Criminal Law.


1 SEC. 19. Requirement and Procedures on Age Verification and
————~2-—Presumption-of Minority ——Ehe-chitd-involved-in--affected-or-displaced: by armed————
conflict shall enjoy the presumption of minority and shall enjoy all the rights of a
child recognized in this Act and other applicable laws unless proven to be eighteen

(18) years or alder.
The age of a child may be determined from the child's birth certificate,

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

n ‘Any person contesting the age of the child prior to the filing of the information
t2 in any appropriate court may file a case.in a summary proceeding for the
43 determination of age before the Family Court, which shall decide the case within
14 twenty four (24) hours from receipt of the appropriate pleadings of all interested

wey anna

13 parties.
16 If a case bas been filed against the child and is pending in the appropriate

17. court, the person shall file a motion to determine the age of the child in the same court
18 where the case is pending. Pending hearing on the said motion, proceedings on the
19 main case shall be suspended.

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

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

26 (a) The Court shall take appropriate measures to protect the safety, physical and

"om psychological well-being, dignity and privacy of child victims and witnesses. In
28 so doing, the Court shall have regard of all relevant factors, including age, gender
29 and health, and the nature of the crime, in particular, but not limited to, where the
30 crime involves sexual or gender based violence or violence against children;

31 (b) The Court shall protect the privacy of child vietims and witnesses and observe
32 confidentiality consistent with existing rules on examination of child victims and

33 witnesses;


1 (©) Where the personal interests of the child victims are affected, the court shall

Consider The RID Victin'S Views and concern hr wevortance with established ———--
rales of procedure and evidence;

(a) Where the disclosure of evidence or information may be prejudicial to the security
of the child witness or the family, the prosecution may withhold such evidence or
information and instead submit 2 summary thereof consistent with the rights of the

Rw

accused to a fair and impartial tial
SEC, 21. Reparation to Victims — tn addition to existing provisions in
Philippine !aw and procedural rules for reparations to victims, the following measures
10 shall be undertaken:
11, (@) The court shall follow the principles relating to the reparations to, or in respect of,

Ce wa

42 child victims, including restitution, compensation and rehabilitation taking into
3 consideration the scope and extent of any damage, loss or injury suffered by child
4 victims;

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

18 (c) Before making an order under this section, the court may invite and shall take
ct) gecount of representations from ar on behalf of the convicted person, child victims
20 or other interested persons.

2 Nothing in this section shall be interpreted to prejudice the rights of child

22 victims under national or international iaw.
SEC. 22. Immunity from Suit for Persons Providing Assistance — Any
24 person who shall take custody of CIAC to ensure their safety or provide them any
25 form of assistance shall be exempt from any civil, criminal and administrative liability
26 provided that the person shall report it to the Local Social Welfare and Development
27 Office (LSWDO), Philippine National Police (PNP) or to the barangay office within
28 forty eight (48) hours.

CHAPTER 7
PREVENTION, REHABILITATION AND REINTEGRATION,
RESCUE, DEMOBILIZATI!

29
30 SEC. 23. Prevention - The State shall take ali feasible measures to prevent the

31 recruitment, re-recruitment, use or displacement of CIAC. It shall take ali necessary

32 measures to ensure the effective implementation and enforcement of the provisions of

15


1 this Act. Towards'this end the State shall:
2 ay prioritise chitdren’s-tssues tr the Pear program of the Governnrent-and-inctade————

children’s concems, specifically the effects of armed conflicts, in peace

aw

negotiations;
5 (b) include peace, human rights. and protective behavior skills as fundamental
6 subjects in the education system;
7 (©) provide educational assistance, whether formal or alternative learning system, that
8 is child and culturally sensitive;
9 @) develop and implement training programs and campaign towards promoting 3

10 culture of peace and respect for human rights in collaboration with civil society
iB] organizations;

12° ©) provide capacity building for Local Governance and Community Development,
13 and ensure the participation of various organizations, especially of children’s and
4 people’s organization at the community level. These organizations shall be
18 involved in consultation and decision-making processes and in the development
16 and implementation of programs, projects and activities established for them;

17 (f) establish livelihood programs which shalt be made available to communities in
18 identified priority areas in order to alleviate the living conditions of the people;

19 (g) make available basic health services in health facilities im identified priority areas.
20 Culturally sensitive outrition program and activities including but not limited 20
2 supplementary feeding shall also be made available. Efforts to support traditional

2 health practices in indigenous peoples area shail also be initiated;
23. (h) establish hasic facilities and infrastructure needed;
24 @ ensure that child protection mechanisms are present and functional; and
25 @) establish a comprehensive, effective and efficient system for monitoring and
26 reporting and response for violations as provided in Section 8 of this Act. .
27 SEC. 24. Rescue, Rehabilitation and Reintegration — The State shall institute
28 policies, programs and services for rescue, rehabilitation and reintegration of CSAC.
29 The programs shail aim at providing services for children while involving their
30 families, communities and other entities to facifitate the children’s reintegration
31 process.
32 These services shall include but not be timited to psychosocial support, health
33 and nutrition, education, livelihood for families and other basic services, and legal
34. services as may be necessary.

16


1

2 —eactrchie; farnity-a

ae)

ae

2

‘Any program inlervention stall be designed with due respect to the culture of

assistance and physical secarity upon rescue.
‘The State shall take into account the following in the rescue, rekabilitation and

reintegration of children:

(a) Rescue: The State shall provide for adequate racasures and mechanisms to

facilitate the recovery, either voluntary or involuntary, of children from armed
groups or goverrmental armed forces. ft shall provide legal end physical security
to CIAC including services such as family tracing end system of referral or
response on various psychosocial services needed by the vietims;

(b) Rehabilitation. The Swte shall facilitate tae normal development of children
victims in their post-involvement phase. It shall provide services including
therapeutic counseling, security and proveetion, educational assistance and

livelihood opportunities to their parents, relatives or guardians or lo the victims

when they become of age;

(©) Reintegration: The State shall bring children back to their families cr communities
whenever possible. This shall involve services including provision of alternative
parental care, Trainings aimed to enhance community readiness in the

reintegration of these children shall also be undertaken. Whenever possibie,

interventions for children shall be done with respect to their opinion. Interventions
for indigenous peoples (IP) children: shail be conducted in recognition of the
traditional stroctures and institutions of their communities.

SEC. 25. Demobilization of Children Involved in Armed Conflict {CHAQ)-

wure that children recruited or used in

‘The State shall take all feasible measures to

hostilities contrary to this Act are demobilized or otherwise released from service,

For the purposes of this Act, demebilizarion activities shali be initiaicd
independent of any negotiated peace agreements

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

(a) Develop « child-specifie demobilization program. This demobilization program
should not make as a requirement the ‘surrender of arms by CIAC who have
assumed non-combatant roles,

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

7

nd communityThe-ehild shall at alltimes, be-provided swith !egak ———————


1 (©) With due regard to the right to privacy of CIAC, their security and safety, and -
———~7— considering he confiaennnatty of records, sharedata and jnformatton—by-both ———--—— -
government and non-government organizations to assess the needs of demobilized

CIAC and to formulate ways to address these needs, and be informed of their

4
5 status and updates of demobilized CIAC;
6 (@) Mobilize and strengthen networks for referrals;
7 (@) Provide free legal assistance to demobilized CIAC ensuring that the legal needs of
8 the former LAC will be addressed, such as, the prahibition or stoppage of filing
9 charges or dismissal of cases against CIAC as criminal or political offenders
10 irrespective of their association with any armed group or force;
11 (® Ensue the formal demobilization of CLAC through various approaches such as
2 noyotiating through the Government Peace Negotiating Panel (GPNP). Other
13 criminal armed groups that utilize children ‘and are not involved in formal peace
4 negotiation with the goveriment shali however, be dealt, in accordance with the
15 peace and order or security policy as.may be provided by the appropriate
16 govemment agency! Provided, That in any demobilization action, the best interest
17 of the child shall be observed.
18 SEC, 26. Rescued or Surrendered Children Involved in Armed Conflict

19 (CLAG) - Where the CIAC have been rescued or surrendered they shall at all times be
29 weated in e child-friendly ond sensitive manner. ‘The State at all times shall consider
21 the safety and security of the CIAC. The following procedures shall apply without
22 prejudice to the application of other existing laves that will uphold the best interests of

23. the child:

34 ta) The identity of rescued CIAC shall be protected. Any identifying information
25 regarding them shal! remain confidential:

26 ¢b) Rescued CIAC shall not be used for any political propaganda nor be unnecessarily
2 exposed to media in violation of child rights to privacy, security and
28 confidentiality of their cases:

29° (¢) Upon the rescue or surrender of CIAC, the government agencies, in particular, the
30 Armed Forces of the Philippines (AFP;, the Philippine National Police (PNP),
3h Department of National Defense (DND), Local Government Units (LGUs), other
32 concerned government agencies or non-government organizations (NGOs) in

33 possession of CIAC shalt report immediately within twenty four (24) hours the

1


incident to the Local Sccial Welfare and Development Office (LSWDO) and

Council for the Welfare of Chitdren (CWEy; -

1
2
3
4
§

(4) The Local Social Welfare and Development Office (LSWDO) shall coordinate
with the ageney or NGO in possession of CLAC for the turn-over of custody of
CIAC to DSWD;

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

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

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

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

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

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

CHAPTER 8
INVOLVEMENT OF
GOVERNMENT AND NON-GOVERNMENT ORGANIZATIONS
SEC. 27. Involvement of Government Organizations (GOs) and

Nongoverament Organizations (NGOs) - To effectively address the issue of CSAC,

the Council for the Welfare of Children together with its.member agencies shall be

assisted by the following government organizations (GOs) for the proper
implementation of this Act:

(a) Armed Forces of the Philippines (AFP)

(>) Commission on Human Rights (CHR)

(© Department of National Defense (DND)

(d) Local Government Units (LGUs)


1

{e) National Commission on Indigenous Peoples (NCIP)

2 Nata Comsat Fos CNEDEY

aw

~

(g) National Disaster Risk and Reduction Management Council (NDRRMC)
{h) Office of the Presidential Adviser on the Peave Process (OPAPP)
(Philippine Commission on Women

@) Philippine National Police (PNP)
Child-focused non-government organizations (NGOs) in caring for CSAC

shall take active part in and strengthen their programs on protecting these children.

For proper implementation of this Act, all GOs and NGOs including but not
limited 10 those identified herein, shall provide their respective counterpart support
including but not limited to technical, logistical and financial assistance relative to the

* implementation of programs, projects and activities for CSAC, in accordance with

their mandate and in accordance with existing accounting and auditing rules and
regulations.

All programs should be participatory and should er gure the involvement of
children, their communities, NGOs, faith-based organizaticsys or groups, and other
concemed groups.

CHAPTER 9
MONITORING AND REPORTING

SEC. 28. Monitoring and Reporting System - Tle State, through the CWC
in coordination with other concemed government orgupizaions shall ensure the
implementation of the provisions of this Act and shall submit to the President and to
Congress of the Philippines, the annual report thereof. CWC shall establish and
maimain a database for the monitoring and reporting of CSAC concems integrated in
its monitoring system:

“The CWC may hire additional personnel to complement its present Secretariat
to perform its functions relative to this Act.

CHAPTER 10
TRANSITORY PROVISIONS

determine ea to release the child to the custody of the parents, or refer the child
10 prevention, rehabilitation, reintegration programs as provided under this Act. Those
20


1 with suspended sentences and undergoing rehabilitation at the youth rehabilitation
center stl Hikewisebe~reteased Provided —That the * Famnity Corts
consultation with concerned agencies determine and order the appropriate prevention,
ion, reintegration programs the person shail undergo as provided in this Act,
SEC. 30. Inventory of Custody of CSAC - The AFP, the PNP, the BMP, the

DSWD, the NCIP, NCME, and the concemed [.GUs are hereby directed to submit to
ity of this Act, an inventory of all

3
4 rehat

5

6

7 the CWC, within ninety (90) days from the effestivi
8 CSAC under their custody.

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

15 Those with suspended sentences and undergoing rehabilitation at the youth
16 rehabilitation center shati tikewise be released: Provided, That the Fam-ly Court shall,
17 in consultation with concemed agencies determine and order the appropriate
18 rehabilitation, reintegration programs the person shall undergo as provided in this Act.
19 SEC. 32. Children Who Have Been Convicted and are Serving Sentence. -
20 Persons who have been convicted and are serving, sentence at the time of the
21 effectivity of this Act, and who were below the nge of eighteen (18) years o° the time
the commission of the offense for which they were convicted and are serving
23 sentence, shall likewise benefit from the retroactive application of this Act. They shall
24 be entitled to appropriate dispositions provided under this Act and their sentences
25 shall be adjusted accordingly. They shall be immediately released if they are so

26 qualified under this Act or other applicabie law.

CHAFTER 11
FINAL PROVISIONS
27
28 SEC. 33. Implementing Rules and Regulations - ‘the CWC together wit its

29 member agencies and OPAPP, with the involvement of CSOs, shall premulgate the
30 implementing rules and regulations of this act within 90 days from the approval of
31 this Act, All govemment agencies enumerated in Sec. 27 of this Act shall be

32 consulted in so far as the drafting of their responsibilities are concerned.



1

NGOs involved in caring for CSAC shall tikewise be consulted in the drafting

+. or the implementing rates amt regutations of thiszct; ——

aw

19

SEC. 34. Appropriations -The amount necessary to cover the initial
implementation of this Act shall be charged against the current year's appropriations
of the concemed implementing departmentegencies. Thereafter, the amount
pecessary for its continued implementation shail be included in the budgets of the
concemed departments/agencies in the annual General Appropriations Act

SEC. 35. Repeating Clause ~ Aniicle X Sections 22 to 26 of Republic Act
No-"7610;-otherwise’ known" as Special Protection of Children Against Abuse.—
Exploitation and Discrimination ‘Act, ali laws, acts, presidential decrees, executive
orders, administrative orders, rules and regulations inconsistent with or contrary (¢ the
provisions of this Act are decmed amended, modified or repealed accordingly.

SEC. 36. Separabiity Clause - if any pert or provision of this Act is declared
invalid or unconstitutional, the other parts thereof not affected thereby shail remain
valid.

SEC. 37. Effectivity Clause - This Act shall take effect fifteen (15) days
upon completion of its publication in at Feast two (2) national newspapers of generat
cireulation.

Approved.

22


~~ HOUSE OF REPRESENTATIVES —__—____

COMMITTEE AFFAIRS DEPARTMENT

FACT SHEET

House Bill No. 4480
(As Reported Out)

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

‘Introduced by: MARCELINO R, TEODORO, MARIA ISABELLE "BENG™ G. CLIMACO,
JOSEPHINE R. LACSON-NOEL, LANI MERCADO-REVILLA,
EUFRANIO "FRANNY™ C. ERIGUEL, AURORA ENERIO-CERILLES,
CINCHONA CRUZ-GONZALES AND LEOPOLDO N, BATAOIL

Committee Referral; COMMITTEE ON THE WELFARE OF CHILDREN
Committee Chairperson: HON, AURORA ENERIO-CERILLES

OBJECTIVES:

To provide protection of children in situations of armed conflict as guaranteed
under the Convention on the Rights of the Child, its Optional Protocol on the
Involvement of Children in Armed Conflict and all other core human rights
treaties

To ensure that children are considered as Zones of Peace entitled to special
protection during armed conflict

To prevent the recruitment and use of children in armed conflict

To provide relief, protection and rehabilitation to all children in situations of armed
conflict

+ To end impunity and to prosecute those responsible especially for grave child
rights violations in armed conflict

KEY PROVISIONS:

. Enumerates grave chiki rights violations as follows:
a) Killing of children; :
b) Torture committed against children;
¢) Intentional or causal maiming of children;
) Rape of children;


e) Cruel, inhuman and degrading treatment or purtishment committed
__ against children;

~~ “YY Abauenen of children,
g) Taking children as hostages or using them as human shield:
h) Other acts of gender-based violence against children:
i) Unjustified refusal or deniat of humanitarian access and/or assistance:
i) Recruitment, conscription, or enlistment of children into government
armed forces and other armed groups;
k) Use or involvement of children in armed conflict in any capacity; and
|) Attack of schools, hospitals, places of worship, and other public places
where children can usually be found

Enumerates other unlawful acts:
a) Hamleting;

b) Food Blackad
¢) Intentional Delayed Reporting of a child in custody;

d) False Reporting of a child in custody; and

e) False Branding of children or tabeling children as children involved in

armed conflict

Prohibits the parents, ascendants, guardians, step parents or collateral relatives
within the third degree of consanguinity or affinity or any person having control or
moral ascendancy to the child to allow, to willfully encourage, compel, coerce, or
influence their child or children to be part of an armed group;

Provides for penaities:

» Life imprisonment and a fine of not less than Two Million Pesos (P2,
000,000.00) but not more than Five Million Pesos P5, 000,000.00) for
grave acts a, b, ¢, and d:

> Imprisonment of not fess than fourteen (14) years but not more than
twenty (20) years and a fine of not less than One Million Pesos
(P1,000.000,00) but not more than Two Million Pesos (P2,000,000. 00) for
grave acts e, f,g,h, 1, j,k, and |;

> Imprisonment of aot tess than six (6) years but not more than twelve (12)

years and a fine of not less than Five Hundred Thousand Pesos

{P500,000.00) but not more than One Million Pesos (P1,000,000.00) for

other unlawful acts;

Imprisonment of six (6) years but not more than twelve (12) years for

parents, ascendants, guardians, step parents or collateral relatives within

the third degree of consanguinity or affinity of any person having control or
moral ascendancy to the child to allow, willfully encourage, compel,
coerce, or influence their child or children’ to be part of an armed group;

v

RELATED LAWS:

R.A. No. 7610 — Special Protection of Children Against Child Abuse, Exploitation
and Discrimination

R.A. No. 8353 - Anti-Rape Law

R.A. No. 9745 — Anti-Torture Act

Act No. 3815 - Revised Penal Code