THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
M“ 
Introduced by Senator. Flavier 
EXPLANATORY NOTE 
On 20 November 1989, the United Nations General Assembly 
unanimously adopted the CONVENTION ON THE RIGHTS PF THE CHILD. The 
“CONVENTION” (for brevity) in sum brings together in one (1) comprehensive 
code on the legal benefits and stipulation$ concerning children of the world. It 
enshrines three (3) main areas of cnildren’s rights, namely: 
survival, 
development and protection and further stresses that these rights apply to all 
children regardless of race, color, sex, language, religion, political or other 
opinion, national, ethnic or social origin, property, disability, birth or other status. 
As signatory thereto, the Philippines through the Senate and in accordance with 
Article 47 of the ‘Convention’ and in compliance with Section 21 , Article VI1 of the 
1987 Constitution, unanimously concerned in the ratification of the Convention 
and finally adopted the same on 26 July 1990. 
By virtues of such ratification (Senate Resolution No. log), the precepts of 
the ‘Convention’ are deemed part of the law of the land. 
The ratification of the ‘Convention’ is not merely a manifestation of our 
determination to cooperate with the family of nations as member thereof, but 
more so an assertion of the Philippines, unwavering commitment to the 
protection of children’s welfare not only ad humanitarian exercise but as a matter 
of serious obligation. 
As such, Congress is committed to undertake all efforts to uplift the 
conditions of the Filipino children through the protection and promotion of their 
rights and welfare. 
There are at present several laws and ordinances upholding, protecting, 
and/or promoting, the rights and welfare of the Filipino child. The two recent and 
thus noteworthy laws are RA 7610, otherwise known as the “Special Protection 
of Children Against Child Abuse, Exploitation and Discrimination Act and RA 
7658, An Act Amending in Section 12, RA 7610 (on Child Employment). 
This notwithstanding, violations and malicious disregard of children’s 
rights and welfare are to date increasing. Evil men remain undeterred in their 
commission of evil against children. 
Clearly, what we have done is inadequate to fully protect our children. For 
one, notwithstanding the constitutionally recognized role of the State as 
‘PARENS PATRIAE’ or ‘guardian of the rights of the people,’ there is the 
conspicuous absence of a government agency independent and powerful 
enough to function exclusively as a true and aqqressive ‘watchdog’ that might be 
called ‘Champion of Children’s Rights.’ 


RA 7610 is comprehensive enough in defining and providing penalties for 
the different acts and/or omissions of child abuse, exploitation and discrimination. 
But the law does not mandate the creation of a body that shall exclusively be in 
charge of pursuing and ensuring the successful prosecution of perpetrators. 
Existing public and private agencies have proven to be effective in 
reporting and monitoring child abuses, exploitation and discrimination. But they 
have not been as effective in the prosecution and ultimately the successful final 
conviction of violators of children’s rights. 
For more often than not, the 
complainants, due to financial reasons, among others, abandon and/or lose 
interest in pursuing the case. 
Hence, the criminals go scot-free, remaining 
unrestrained to commit their crimes all over again. 
What we need therefore is a body uhich shall be powerful and aggressive 
enough to initiate investigation and pursue the prosecution, on its own, of any all 
incidences of child abuse, exploitation and discrimination. The body must be 
independent, with special juridical capacity to legally initiate a complaint and/or 
intervene in any and/or all cases, criminal or otherwise, child abuse, exploitation, 
and discrimination, particularly but not limited to cases where the parent, 
guardian, teacher or person having care or custody of the child fails or is unable 
to FULLY represent and protect the child’s rights. 
We need, therefore, a 
guardian exclusively of children’s rights. We ought, to create the Office of 
“TAN 0 D B ATA” 
We owe to the children the best we can give. Obviously we have not done 
so. They need a Tanodbata of their own. And they need it now. 
Approval of this bill is earnestly sought. 
Septor 


11 
1 I *. 
* i 7  
I i .”a) 1“;2 
:[]$I 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHlLlPPlNE 
) 
First Regular Session 
1 
S E N A T E  
8) 
S. NO. 
6.d 
Introduced by Senator Flavier 
AN ACT 
CREATING THE OFFICE OF TANODBATA AND PROVIDING FUNDS 
THEREFOR 
Be it enacted by the Senate and :he House of Representatives of the 
Philippines in Congress assembled: 
SECTION I. 
Title. -This Act shall be known as “Tanodbata Act.” 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the 
State as ‘PARENS PATRIAE’ of the Filipino people, particularly of the Filipino 
children, to provide not only special protection to children from all forms of abuse, 
neglect, cruelty, exploitation and discrimination, and other conditions prejudicial 
to their development but also to ensure the prosecution and conviction of 
perpetrators of child abuse, exploitation and discrimination. The State shall 
intervene and initiate criminal complaints on behalf of the child when the parent, 
guardian, teacher or person having care or custody of the child fails or is unable 
to initiate and/or pursue the prosecution for child abuse, exploitation. 
SEC. 3. Definition of Terms. - (a) “Children” refers to persons below 
eighteen (18) years of age which shall include the conceived but unborn child or 
those over eighteen (18) years but who are unable to fully take care of 
thetnselves or protect themselves from abuse, neglect, cruelty, exploitation or 
discrimination because of a physical or me,’ital disability or condition. 
(b) 
“Office” means the office of Tanod Bata. 
(c) 
“Child Abuse” refers to any act or omission as defined and 
penalized by Republic Act No. 7610, otherwise known as the 


“Special Protection of Children Against Child Abuse, Exploitation 
and Discrimination Act,” andlor crimes against children, including 
the conceived but unborn child as provided for by the Revised 
penal Code and other pertinent laws. 
SEC. 4. The Office of the Tanodbata. - There is hereby created the 
independent Office of the Tanodbata, composed of the Chief Tanodbata and 
three (3) Deputy Tanodbata. 
SEC. 5. Appointment of the Chief and Deputy Tanodbata. - The Chief 
Tanodbata and the Deputies shall be appointed by the President. The Chief 
Tanodbata shall have the rank and receive the salary of an associate justice of 
the Court of Appeals while, the deputies shall have the rank and receive the 
salary of a judge of the Regional Trial Court RTC). 
SEC. 6. Qualifications. - The Chief Tanodbata and his Deputies shall be 
natural-born citizens of the Philippines, and at the same time of their 
appointment, at least thirty-five (35) years old, of recognized probity and 
independence, members of the Philippine Bar and have proven ability and 
experience to analyze problems of law, administration, and public policy. They 
must have for five (5) years or more been a judge or engaged in the practice of 
law in the Philippines and shall not have been actively involved in partisan 
politics. 
SEC. 7. Disqualification. - The Chief Tanodbata and his Deputies shall 
not, during their tenure in office, engage in the practice of any profession or in the 
management of any business, or be financially interested directly or indirectly in 
qny contract with or in any franchise or privilege granted by the Government or 
any subdivision, agency, or instrumentality thereof including government-owned 
or controlled corporations. 
SEC. 8. Term of Office. - The Chief Tanodbata and his Deputies shall 
serve for a term of seven (7) years without reappointment. 


If the Office of the Chief Tanodbata becomes vacant for any cause, the 
Senior Deputy Tanodbata shall serve as Acting Chief Tanodbata until a Chief 
Tanodbata shall have been appointed for full term. 
SEC. 9. Organization of Office, - The Office shall have one (I) 
Executive 
Director and an Administrative Officer, a Finance, Management and Planning 
Office, a Legal Office and an Investigation and Prosecution Office. 
The Executive /director shall have the rank of a judge of the Metropolitan 
Trial Court and shall receive the same salary. Each of the aforesaid offices shall 
be headed by a Director which shall have the rank and receive the salary of a 
Clerk of Court of the Regional Trial Courts. 
The Investigation and Prosecution Office shall, aside from the Director, 
have three (3) special prosecutors and three (3) investigators or one (1) special 
prosecutor and one (1) investigator for Luzon, Visayas and Minadanao. The 
SpeciaJ Prosecutors shall have the rank and receive compensation equivalent to 
that of an Assistance City Prosecutor (Assistant Fiscal); while the investigators 
shall have the rank and receive the salary of a Regional Trial Court Assistant 
Sheriff. 
The Legal Office shall aside from the Director have three (3) Legal 
Officers or one (I) 
each for Luzon, Visayas and Mindanao. They shall also have 
the rank and receive salary equivalent to an Assistant City Prosecutor (Assistant 
Fiscal). 
The Administrative Office shall consist of the General Services Division 
and Personnel Division. 
The Finance, Management and Planning Office shall consist of the Budget 
Division, Accounting Division and Management Planning Division. 
All of these officials shall be appointed by the President upon 
recommendation of the Chief Tanodbata. The Chief Tanodbata may also select, 
appoint, and compensate in accordance with law and within the amount available 


by appropriation, such other assistants and employees as may be necessary to 
discharge the responsibilities of the Office under this law. 
When the Chief Tanodbata is disabled or absent and so notifies his office, 
the Senior Deputy Tanodbata shall have authority to act on his stead. 
The Chief Tanodbata may delegate to other members of his staff any of 
his authority or duties under this law except his power of decision in all cases and 
duty of formally making recommendations to administrative agencies or reports 
to the President or to Congress. 
SEC. I O .  Powers, Functions and Duties. - The Office shall have the 
following powers, functions and duties. 
1. 
Investigate, on complaint by any person or on its own, and initiate 
court action, criminal or otherwise, or in any manner proceed 
against any person, corporation or firm for any and all commissions 
of child abuse; 
2. 
Prescribe the methods by which complaints are to be made, 
received, and acted upon; determine the scope and manner of 
investigations to be made, and the form, frequency and distribution 
of its conclusions and recommendations; 
3. 
.Issue subpoena to compel any person to appear, give sworn 
statemenvtestimony, or produce documentary or other evidence 
which the Office deems relevant to a matter under his inquiry. 
Utilize the personnel of its office and/or with the approval of the 
Secretary of justice, designate or deputize any fiscallstate 
prosecutor or lawyer of the Justice Department to act as special 
investigator or prosecutor to assist the Office in the investigation 
and prosecution of child abuse case; 
Appear in any court as special prosecutor in any criminal action 
and/or complainant in any case involving the commission of child 
4. 
5. 


6. 
7. 
8. 
9. 
I O .  
11. 
12. 
abuse when in its judgment its intervention is necessary or when 
requested by the Court; 
Direct any government agency to render assistance and furnish 
information necessary to children’s rights and welfare, in order to 
enhance the condition of Filipino children and improve its own 
functions; 
Prepare and present to the President and Congress an annual 
report on its accomplishments, disposition of cases, other relevant 
funds, problems and obstacles encountered, financial and other 
administrative 
information * as 
well 
as 
its 
insights 
and 
recommendations, when clearly in the public interest, subject to law 
and regulations relating to protection of witness, the rights of the 
victim, the collateral rights of the accused and hidher defense, 
sound prosecution practice and proper administration of justice; 
Ensure that legislation relating to the protection of children’s 
interest is observed; 
Propose measures which can strengthen children’s safety under 
the law; 
Propose measures which can strengthen children’s safety under 
the law; 
Ensure that sufficient information is given to the public and private 
sectors concerning children’s rights and measures required for 
children; and 
Promulgate such rules and procedures and exercise such other 
functions or duties as may be provided by law. 
1 
SEC. I I. Matters Appropriate for Investigation and Prosecution. - 
The Office shall have the authority to conduct preliminary investigation; to file 
information therefore and to direct and control the prosecution, even on its own, 
of facts and/or omission of child abuse as defined and penalized by RA 7610 


andlor crimes against children including the conceived and unborn as provided 
for by the Revised Penal Code and other pertinent laws. 
SEC. 12. Action on complaints. - The Office of the Tanodbata may 
receive complaints from any source concerning child abuse. At no expense to 
the complainant, the Office shall immediately conduct a suitable investigation into 
the matters complained of. If after completion of the investigation the Office finds 
a prima facie case of child abuse, it shall file the complaint with the proper court 
or government agency, whether or not the private complainant thereof who 
initially brought the matter to the attention of the Office is willing to pursue the 
complaintkase. The Office may on its own still pursue the prosecution of the 
case for child abuse even if the parent, guardian or any other person, having 
care and custody of the child has entered into an out-of-court settlement of the 
case. 
The Chief Tanodbata, his Deputies, investigators and prosecutors, 
whether regular members of his staff or designated by the Office as provided for 
in Section I O ,  shall have the authority to administer oaths, to issue subpoena 
duces tecum, to summon and compel witness to appear and testify under oath 
before them and/or bring documents and other things under their control and to 
secure the attendance or presence of any absent or recalcitrant witness through 
application before the courts having jurisdiction of the place where the witness or 
evidence may be found. 
SEC. 13. Duty to Render Assistance to the Office of the Tanodbata. - 
Any public official or employee when called upon or required by the Office, is 
duty bound to render assistance to the office, otherwise he shall be subject to 
ad m in is t ra t i ve d is ci p I i n a ry act ion . 
SEC. 14. Obstruction. - Any person who shall willfully obstruct or hinder 
the proper exercise of the office’s functions or who shall, after due hearing, be 
punished with a fine not exceeding FIFTEEN THOUSAND PESOS (P15, 
OOO.OO), without prejudice to any criminal or other administrative liability. 


. 
SEC. 15. Franking Privileges. - All official mail matters and telegrams of 
the office addressed for delivery within the Philippines shall be received, 
transmitted and delivered free of charge. 
SEC. 16. Appropriation. - The amount of FIFTEEN MILLION PESOS 
(P.15, 000.000.00) is hereby authorized to be appropriated equally from the 
savings of the Department of justice, Department of social Welfare and 
Development and from the Office of the President as the initial amount to 
implement the provision of this Act. 
Thereafter a regular appropriation shall be included in the annual General 
Appropriations Act for the support and maintenance of the office. 
SEC. 17. Separability Clause. - Any part or provisions of this Act which 
may be held invalid or unconstitutional sh4l not affect its remaining parts or 
provisions. 
SEC. 18. Repealing Clause. - All laws or parts thereof inconsistent with 
any provision of this Act are hereby repealed or modified accordingly. 
SEC. 19. Effectivity. - This Act shall take effect upon completion of its 
publication in at least two (2) newspapers qf general circulation. 
Approved,