Republic of the Philippines

Congress of the Philippines

Metro Manila
Thirteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand
and five
Republic !ct "o #$%%
!" !CT &ST!B'(S)("* ! C+MPR&)&"S(,& J-,&"('& J-ST(C& !".
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled2
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Section 3 Short Title and Scope. - This !ct shall be 4nown as the 5Juvenile Justice and
/elfare !ct of 67785 (t shall cover the different stages involving children at ris4 and
children in conflict with the law fro9 prevention to rehabilitation and reintegration
S&C 6 Declaration of State Policy. - The following State policies shall be observed at all
ti9es2
:a; The State recogni<es the vital role of children and youth in nation building and shall
pro9ote and protect their physical, 9oral, spiritual, intellectual and social well-being (t
shall inculcate in the youth patriotis9 and nationalis9, and encourage their involve9ent
in public and civic affairs
:b; The State shall protect the best interests of the child through 9easures that will ensure
the observance of international standards of child protection, especially those to which
the Philippines is a party Proceedings before any authority shall be conducted in the best
interest of the child and in a 9anner which allows the child to participate and to e=press
hi9self>herself freely The participation of children in the progra9 and policy
for9ulation and i9ple9entation related to ?uvenile ?ustice and welfare shall be ensured
by the concerned govern9ent agency
:c; The State li4ewise recogni<es the right of children to assistance, including proper care
and nutrition, and special protection fro9 all for9s of neglect, abuse, cruelty and
e=ploitation, and other conditions pre?udicial to their develop9ent
:d; Pursuant to !rticle %7 of the -nited "ations Convention on the Rights of the Child,
the State recogni<es the right of every child alleged as, accused of, ad?udged, or
recogni<ed as having infringed the penal law to be treated in a 9anner consistent with the
pro9otion of the child@s sense of dignity and worth, ta4ing into account the child@s age
and desirability of pro9oting his>her reintegration /henever appropriate and desirable,
the State shall adopt 9easures for dealing with such children without resorting to ?udicial
proceedings, providing that hu9an rights and legal safeguards are fully respected (t shall
ensure that children are dealt with in a 9anner appropriate to their well-being by
providing for, a9ong others, a variety of disposition 9easures such as care, guidance and
supervision orders, counseling, probation, foster care, education and vocational training
progra9s and other alternatives to institutional care
:e; The ad9inistration of the ?uvenile ?ustice and welfare syste9 shall ta4e into
consideration the cultural and religious perspectives of the 0ilipino people, particularly
the indigenous peoples and the Musli9s, consistent with the protection of the rights of
children belonging to these co99unities
:f; The State shall apply the principles of restorative ?ustice in all its laws, policies and
progra9s applicable to children in conflict with the law
S&C $ Liberal Construction of this ct. - (n case of doubt, the interpretation of any of
the provisions of this !ct, including its i9ple9enting rules and regulations :(RRs;, shall
be construed liberally in favor of the child in conflict with the law
S&C % Definition of Terms. - The following ter9s as used in this !ct shall be defined as
follows2
:a; 5Bail5 refers to the security given for the release of the person in custody of the law,
furnished by hi9>her or a bonds9an, to guarantee his>her appearance before any court
Bail 9ay be given in the for9 of corporate security, property bond, cash deposit, or
recogni<ance
:b; 5Best (nterest of the Child5 refers to the totality of the circu9stances and conditions
which are 9ost congenial to the survival, protection and feelings of security of the child
and 9ost encouraging to the child@s physical, psychological and e9otional develop9ent
(t also 9eans the least detri9ental available alternative for safeguarding the growth and
develop9ent of the child
:e; 5Child5 refers to a person under the age of eighteen :3A; years
:d; 5Child at Ris45 refers to a child who is vulnerable to and at the ris4 of co99itting
cri9inal offenses because of personal, fa9ily and social circu9stances, such as, but not
li9ited to, the following2
:3; being abused by any person through se=ual, physical, psychological, 9ental,
econo9ic or any other 9eans and the parents or guardian refuse, are unwilling, or unable
to provide protection for the childB
:6; being e=ploited including se=ually or econo9icallyB
:$; being abandoned or neglected, and after diligent search and inCuiry, the parent or
guardian cannot be foundB
:%; co9ing fro9 a dysfunctional or bro4en fa9ily or without a parent or guardianB
:D; being out of schoolB
:8; being a streetchildB
:E; being a 9e9ber of a gangB
:A; living in a co99unity with a high level of cri9inality or drug abuseB and
:#; living in situations of ar9ed conflict
:e; 5Child in Conflict with the 'aw5 refers to a child who is alleged as, accused of, or
ad?udged as, having co99itted an offense under Philippine laws
:f; 5Co99unity-based Progra9s5 refers to the progra9s provided in a co99unity setting
developed for purposes of intervention and diversion, as well as rehabilitation of the child
in conflict with the law, for reintegration into his>her fa9ily and>or co99unity
:g; 5Court5 refers to a fa9ily court or, in places where there are no fa9ily courts, any
regional trial court
:h; 5.eprivation of 'iberty5 refers to any for9 of detention or i9prison9ent, or to the
place9ent of a child in conflict with the law in a public or private custodial setting, fro9
which the child in conflict with the law is not per9itted to leave at will by order of any
?udicial or ad9inistrative authority
:i; 5.iversion5 refers to an alternative, child-appropriate process of deter9ining the
responsibility and treat9ent of a child in conflict with the law on the basis of his>her
social, cultural, econo9ic, psychological or educational bac4ground without resorting to
for9al court proceedings
:?; 5.iversion Progra95 refers to the progra9 that the child in conflict with the law is
reCuired to undergo after he>she is found responsible for an offense without resorting to
for9al court proceedings
:4; 5(nitial Contact /ith-the Child5 refers to the apprehension or ta4ing into custody of a
child in conflict with the law by law enforce9ent officers or private citi<ens (t includes
the ti9e when the child alleged to be in conflict with the law receives a subpoena under
Section $:b; of Rule 336 of the Revised Rules of Cri9inal Procedure or su99ons under
Section 8:a; or Section #:b; of the sa9e Rule in cases that do not reCuire preli9inary
investigation or where there is no necessity to place the child alleged to be in conflict
with the law under i99ediate custody
:(; 5(ntervention5 refers to a series of activities which are designed to address issues that
caused the child to co99it an offense (t 9ay ta4e the for9 of an individuali<ed
treat9ent progra9 which 9ay include counseling, s4ills training, education, and other
activities that will enhance his>her psychological, e9otional and psycho-social well-
being
:9; 5Juvenile Justice and /elfare Syste95 refers to a syste9 dealing with children at ris4
and children in conflict with the law, which provides child-appropriate proceedings,
including progra9s and services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their nor9al growth and develop9ent
:n; 5'aw &nforce9ent +fficer5 refers to the person in authority or his>her agent as
defined in !rticle 3D6 of the Revised Penal Code, including a barangay tanod
:7; 5+ffense5 refers to any act or o9ission whether punishable under special laws or the
Revised Penal Code, as a9ended
:p; 5Recogni<ance5 refers to an underta4ing in lieu of a bond assu9ed by a parent or
custodian who shall be responsible for the appearance in court of the child in conflict
with the law, when reCuired
:C; 5Restorative Justice5 refers to a principle which reCuires a process of resolving
conflicts with the 9a=i9u9 involve9ent of the victi9, the offender and the co99unity
(t see4s to obtain reparation for the victi9B reconciliation of the offender, the offended
and the co99unityB and reassurance to the offender that he>she can be reintegrated into
society (t also enhances public safety by activating the offender, the victi9 and the
co99unity in prevention strategies
:r; 5Status +ffenses5 refers to offenses which discri9inate only against a child, while an
adult does not suffer any penalty for co99itting si9ilar acts These shall include curfew
violationsB truancy, parental disobedience and the li4e
:s; 51outh .etention )o9e5 refers to a 6%-hour child-caring institution 9anaged by
accredited local govern9ent units :'*-s; and licensed and>or accredited nongovern9ent
organi<ations :"*+s; providing short-ter9 residential care for children in conflict with
the law who are awaiting court disposition of their cases or transfer to other agencies or
?urisdiction
:t; 51outh Rehabilitation Center5 refers to a 6%-hour residential care facility 9anaged by
the .epart9ent of Social /elfare and .evelop9ent :.S/.;, '*-s, licensed and>or
accredited "*+s 9onitored by the .S/., which provides care, treat9ent and
rehabilitation services for children in conflict with the law Rehabilitation services are
provided under the guidance of a trained staff where residents are cared for under a
structured therapeutic environ9ent with the end view of reintegrating the9 into their
fa9ilies and co99unities as socially functioning individuals Physical 9obility of
residents of said centers 9ay be restricted pending court disposition of the charges
against the9
:u; 5,icti9less Cri9es5 refers to offenses where there is no private offended party
C)!PT&R 6
PR("C(P'&S (" T)& !.M("(STR!T(+" +0 J-,&"('& J-ST(C& !". /&'0!R&
S&C D Rights of the Child in Conflict !ith the La!. - &very child in conflict with the law
shall have the following rights, including but not li9ited to2
:a; the right not to be sub?ected to torture or other cruel, inhu9an or degrading treat9ent
or punish9entB
:b; the right not to be i9posed a sentence of capital punish9ent or life i9prison9ent,
without the possibility of releaseB
:c; the right not to be deprived, unlawfully or arbitrarily, of his>her libertyB detention or
i9prison9ent being a disposition of last resort, and which shall be for the shortest
appropriate period of ti9eB
:d; the right to be treated with hu9anity and respect, for the inherent dignity of the
person, and in a 9anner which ta4es into account the needs of a person of his>her age (n
particular, a child deprived of liberty shall be separated fro9 adult offenders at all ti9es
"o child shall be detained together with adult offenders )e>She shall be conveyed
separately to or fro9 court )e>She shall await hearing of his>her own case in a separate
holding area ! child in conflict with the law shall have the right to 9aintain contact with
his>her fa9ily through correspondence and visits, save in e=ceptional circu9stancesB
:e; the right to pro9pt access to legal and other appropriate assistance, as well as the right
to challenge the legality of the deprivation of his>her liberty before a court or other
co9petent, independent and i9partial authority, and to a pro9pt decision on such actionB
:f; the right to bail and recogni<ance, in appropriate casesB
:g; the right to testify as a witness in hid>her own behalf under the rule on e=a9ination of
a child witnessB
:h; the right to have his>her privacy respected fully at all stages of the proceedingsB
:i; the right to diversion if he>she is Cualified and voluntarily avails of the sa9eB
:?; the right to be i9posed a ?udg9ent in proportion to the gravity of the offense where
his>her best interest, the rights of the victi9 and the needs of society are all ta4en into
consideration by the court, under the principle of restorative ?usticeB
:4; the right to have restrictions on his>her personal liberty li9ited to the 9ini9u9, and
where discretion is given by law to the ?udge to deter9ine whether to i9pose fine or
i9prison9ent, the i9position of fine being preferred as the 9ore appropriate penaltyB
:(; in general, the right to auto9atic suspension of sentenceB
:9; the right to probation as an alternative to i9prison9ent, if Cualified under the
Probation 'awB
:n; the right to be free fro9 liability for per?ury, conceal9ent or 9isrepresentationB and
:o; other rights as provided for under e=isting laws, rules and regulations
The State further adopts the provisions of the -nited "ations Standard Mini9u9 Rules
for the !d9inistration of Juvenile Justice or 5Bei?ing Rules5, -nited "ations *uidelines
for the Prevention of Juvenile .elinCuency or the 5Riyadh *uidelines5, and the -nited
"ations Rules for the Protection of Juveniles .eprived of 'iberty
S&C 8 "inimum ge of Criminal Responsibility. - ! child fifteen :3D; years of age or
under at the ti9e of the co99ission of the offense shall be e=e9pt fro9 cri9inal liability
)owever, the child shall be sub?ected to an intervention progra9 pursuant to Section 67
of this !ct
! child above fifteen :3D; years but below eighteen :3A; years of age shall li4ewise be
e=e9pt fro9 cri9inal liability and be sub?ected to an intervention progra9, unless he>she
has acted with discern9ent, in which case, such child shall be sub?ected to the
appropriate proceedings in accordance with this !ct
The e=e9ption fro9 cri9inal liability herein established does not include e=e9ption
fro9 civil liability, which shall be enforced in accordance with e=isting laws
S&C E Determination ofge. - The child in conflict with the law shall en?oy the
presu9ption of 9inority )e>She shall en?oy all the rights of a child in conflict with the
law until he>she is proven to be eighteen :3A; years old or older The age of a child 9ay
be deter9ined fro9 the child@s birth certificate, baptis9al certificate or any other
pertinent docu9ents (n the absence of these docu9ents, age 9ay be based on
infor9ation fro9 the child hi9self>herself, testi9onies of other persons, the physical
appearance of the child and other relevant evidence (n case of doubt as to the age of the
child, it shall be resolved in his>her favor
!ny person contesting the age of the child in conflict with the law prior to the filing of
the infor9ation in any appropriate court 9ay file a case in a su99ary proceeding for the
deter9ination of age before the 0a9ily Court which shall decide the case within twenty-
four :6%; hours fro9 receipt of the appropriate pleadings of all interested parties
(f a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a 9otion to deter9ine the age of the child in the
sa9e court where the case is pending Pending hearing on the said 9otion, proceedings
on the 9ain case shall be suspended
(n all proceedings, law enforce9ent officers, prosecutors, ?udges and other govern9ent
officials concerned shall e=ert all efforts at deter9ining the age of the child in conflict
with the law
T(T'& ((
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S&C A #uvenile #ustice and $elfare Council %##$C&. - ! Juvenile Justice and /elfare
Council :JJ/C; is hereby created and attached to the .epart9ent of Justice and placed
under its ad9inistrative supervision The JJ/C shall be chaired by an undersecretary of
the .epart9ent of Social /elfare and .evelop9ent (t shall ensure the effective
i9ple9entation of this !ct and coordination a9ong the following agencies2
:a; Council for the /elfare of Children :C/C;B
:b; .epart9ent of &ducation :.ep&d;B
:c; .epart9ent of the (nterior and 'ocal *overn9ent :.('*;B
:d; Public !ttorney@s +ffice :P!+;B
:e; Bureau of Corrections :B-C+R;B
:f; Parole and Probation !d9inistration :PP!;
:g; "ational Bureau of (nvestigation :"B(;B
:h; Philippine "ational Police :P"P;B
:i; Bureau of Jail Manage9ent and Penology :BJMP;B
:i; Co99ission on )u9an Rights :C)R;B
:4; Technical &ducation and S4ills .evelop9ent !uthority :T&S.!;B
:l; "ational 1outh Co99ission :"1C;B and
:9; +ther institutions focused on ?uvenile ?ustice and intervention progra9s
The JJ/C shall be co9posed of representatives, whose ran4s shall not be lower than
director, to be designated by the concerned heads of the following depart9ents or
agencies2
:a; .epart9ent of Justice :.+J;B
:b; .epart9ent of Social /elfare and .evelop9ent :.S/.;B
:c; Council for the /elfare of Children :C/C;
:d; .epart9ent of &ducation :.ep&d;B
:e; .epart9ent of the (nterior and 'ocal *overn9ent :.('*;
:f; Co99ission on )u9an Rights :C)R;B
:g; "ational 1outh Co99ission :"1C;B and
:h; Two :6; representatives fro9 "*+s, one to be designated by the Secretary of Justice
and the other to be designated by the Secretary of Social /elfare and .evelop9ent
The JJ/C shall convene within fifteen :3D; days fro9 the effectivity of this !ct The
Secretary of Justice and the Secretary of Social /elfare and .evelop9ent shall deter9ine
the organi<ational structure and staffing pattern of the JJ/C
The JJ/C shall coordinate with the +ffice of the Court !d9inistrator and the Philippine
Judicial !cade9y to ensure the reali<ation of its 9andate and the proper discharge of its
duties and functions, as herein provided
S&C # Duties and 'unctions of the ##$C. - The JJ/C shall have the following duties
and functions2
:a; To oversee the i9ple9entation of this !ctB
:b; To advise the President on all 9atters and policies relating to ?uvenile ?ustice and
welfareB
:c; To assist the concerned agencies in the review and redrafting of e=isting
policies>regulations or in the for9ulation of new ones in line with the provisions of this
!ctB
:d; To periodically develop a co9prehensive $ to D-year national ?uvenile intervention
progra9, with the participation of govern9ent agencies concerned, "*+s and youth
organi<ationsB
:e; To coordinate the i9ple9entation of the ?uvenile intervention progra9s and activities
by national govern9ent agencies and other activities which 9ay have an i9portant
bearing on the success of the entire national ?uvenile intervention progra9 !ll progra9s
relating to ?uvenile ?ustice and welfare shall be adopted in consultation with the JJ/CB
:f; To for9ulate and reco99end policies and strategies in consultation with children for
the prevention of ?uvenile delinCuency and the ad9inistration of ?ustice, as well as for the
treat9ent and rehabilitation of the children in conflict with the lawB
:g; To collect relevant infor9ation and conduct continuing research and support
evaluations and studies on all 9atters relating to ?uvenile ?ustice and welfare, such as but
not li9ited to2
:3; the perfor9ance and results achieved by ?uvenile intervention progra9s and by
activities of the local govern9ent units and other govern9ent agenciesB
:6; the periodic trends, proble9s and causes of ?uvenile delinCuency and cri9esB and
:$; the particular needs of children in conflict with the law in custody
The data gathered shall be used by the JJ/C in the i9prove9ent of the ad9inistration of
?uvenile ?ustice and welfare syste9
The JJ/C shall set up a 9echanis9 to ensure that children are involved in research and
policy develop9ent
:h; Through duly designated persons and with the assistance of the agencies provided in
the preceding section, to conduct regular inspections in detention and rehabilitation
facilities and to underta4e spot inspections on their own initiative in order to chec4
co9pliance with the standards provided herein and to 9a4e the necessary
reco99endations to appropriate agenciesB
:i; To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the ad9inistration of the ?uvenile ?ustice and welfare syste9 and the ?uvenile
intervention progra9B
:?; To sub9it an annual report to the President on the i9ple9entation of this !ctB and
:4; To perfor9 such other functions as 9ay be necessary to i9ple9ent the provisions of
this !ct
S&C 37 Policies and Procedures on #uvenile #ustice and $elfare. - !ll govern9ent
agencies enu9erated in Section A shall, with the assistance of the JJ/C and within one
:3; year fro9 the effectivity of this !ct, draft policies and procedures consistent with the
standards set in the law These policies and procedures shall be 9odified accordingly in
consultation with the JJ/C upon the co9pletion of the national ?uvenile intervention
progra9 as provided under Section # :d;
S&C 33 Child Rights Center %CRC&. - The e=isting Child Rights Center of the
Co99ission on )u9an Rights shall ensure that the status, rights and interests of children
are upheld in accordance with the Constitution and international instru9ents on hu9an
rights The C)R shall strengthen the 9onitoring of govern9ent co9pliance of all treaty
obligations, including the ti9ely and regular sub9ission of reports before the treaty
bodies, as well as the i9ple9entation and disse9ination of reco99endations and
conclusions by govern9ent agencies as well as "*+s and civil society
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C)!PT&R 3
T)& R+'& +0 T)& .(00&R&"T S&CT+RS
S&C 36 The 'amily. - The fa9ily shall be responsible for the pri9ary nurturing and
rearing of children which is critical in delinCuency prevention !s far as practicable and
in accordance with the procedures of this !ct, a child in conflict with the law shall be
9aintained in his>her fa9ily
S&C 3$ The (ducational System. - &ducational institutions shall wor4 together with
fa9ilies, co99unity organi<ations and agencies in the prevention of ?uvenile delinCuency
and in the rehabilitation and reintegration of child in conflict with the law Schools shall
provide adeCuate, necessary and individuali<ed educational sche9es for children
9anifesting difficult behavior and children in conflict with the law (n cases where
children in conflict with the law are ta4en into custody or detained in rehabilitation
centers, they should be provided the opportunity to continue learning under an alternative
learning syste9 with basic literacy progra9 or non- for9al education accreditation
eCuivalency syste9
S&C 3% The Role of the "ass "edia. - The 9ass 9edia shall play an active role in the
pro9otion of child rights, and delinCuency prevention by relaying consistent 9essages
through a balanced approach Media practitioners shall, therefore, have the duty to
9aintain the highest critical and professional standards in reporting and covering cases of
children in conflict with the law (n all publicity concerning children, the best interest of
the child should be the pri9ordial and para9ount concern !ny undue, inappropriate and
sensationali<ed publicity of any case involving a child in conflict with the law is hereby
declared a violation of the child@s rights
S&C 3D (stablishment and Strengthening of Local Councils for the Protection of
Children. - 'ocal Councils for the Protection of Children :'CPC; shall be established in
all levels of local govern9ent, and where they have already been established, they shall
be strengthened within one :3; year fro9 the effectivity of this !ct Me9bership in the
'CPC shall be chosen fro9 a9ong the responsible 9e9bers of the co99unity, including
a representative fro9 the youth sector, as well as representatives fro9 govern9ent and
private agencies concerned with the welfare of children
The local council shall serve as the pri9ary agency to coordinate with and assist the '*-
concerned for the adoption of a co9prehensive plan on delinCuency prevention, and to
oversee its proper i9ple9entation
+ne percent :3G; of the internal revenue allot9ent of barangays, 9unicipalities and
cities shall be allocated for the strengthening and i9ple9entation of the progra9s of the
'CPC2 Provided, That the disburse9ent of the fund shall be 9ade by the '*-
concerned
S&C 38 ppointment of Local Social $elfare and Development )fficer. - !ll '*-s shall
appoint a duly licensed social wor4er as its local social welfare and develop9ent officer
tas4ed to assist children in conflict with the law
S&C 3E The Sangguniang *abataan. - The Sangguniang Habataan :SH; shall coordinate
with the 'CPC in the for9ulation and i9ple9entation of ?uvenile intervention and
diversion progra9s in the co99unity
C)!PT&R 6
C+MPR&)&"S(,& J-,&"('& ("T&R,&"T(+" PR+*R!M
S&C 3A Development of a Comprehensive #uvenile +ntervention Program. - !
Co9prehensive ?uvenile intervention progra9 covering at least a $-year period shall be
instituted in '*-s fro9 the barangay to the provincial level
The '*-s shall set aside an a9ount necessary to i9ple9ent their respective ?uvenile
intervention progra9s in their annual budget
The '*-s, in coordination with the 'CPC, shall call on all sectors concerned,
particularly the child-focused institutions, "*+s, people@s organi<ations, educational
institutions and govern9ent agencies involved in delinCuency prevention to participate in
the planning process and i9ple9entation of ?uvenile intervention progra9s Such
progra9s shall be i9ple9ented consistent with the national progra9 for9ulated and
designed by the JJ/C The i9ple9entation of the co9prehensive ?uvenile intervention
progra9 shall be reviewed and assessed annually by the '*-s in coordination with the
'CPC Results of the assess9ent shall be sub9itted by the provincial and city
govern9ents to the JJ/C not later than March $7 of every year
S&C 3# Community,based Programs on #uvenile #ustice and $elfare. - Co99unity-
based progra9s on ?uvenile ?ustice and welfare shall be instituted by the '*-s through
the 'CPC, school, youth organi<ations and other concerned agencies The '*-s shall
provide co99unity-based services which respond to the special needs, proble9s,
interests and concerns of children and which offer appropriate counseling and guidance to
the9 and their fa9ilies These progra9s shall consist of three levels2
:a; Pri9ary intervention includes general 9easures to pro9ote social ?ustice and eCual
opportunity, which tac4le perceived root causes of offendingB
:b; Secondary intervention includes 9easures to assist children at ris4B and
:c; Tertiary intervention includes 9easures to avoid unnecessary contact with the for9al
?ustice syste9 and other 9easures to prevent re-offending
T(T'& (,
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S&C 67 Children Belo! the ge of Criminal Responsibility. - (f it has been deter9ined
that the child ta4en into custody is fifteen :3D; years old or below, the authority which
will have an initial contact with the child has the duty to i99ediately release the child to
the custody of his>her parents or guardian, or in the absence thereof, the child@s nearest
relative Said authority shall give notice to the local social welfare and develop9ent
officer who will deter9ine the appropriate progra9s in consultation with the child and to
the person having custody over the child (f the parents, guardians or nearest relatives
cannot be located, or if they refuse to ta4e custody, the child 9ay be released to any of
the following2 a duly registered nongovern9ental or religious organi<ationB a barangay
official or a 9e9ber of the Barangay Council for the Protection of Children :BCPC;B a
local social welfare and develop9ent officerB or when and where appropriate, the .S/.
(f the child referred to herein has been found by the 'ocal Social /elfare and
.evelop9ent +ffice to be abandoned, neglected or abused by his parents, or in the event
that the parents will not co9ply with the prevention progra9, the proper petition for
involuntary co99it9ent shall be filed by the .S/. or the 'ocal Social /elfare and
.evelop9ent +ffice pursuant to Presidential .ecree "o 87$, otherwise ,4nown as 5The
Child and 1outh /elfare Code5
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J-,&"('& J-ST(C& !". /&'0!R& S1ST&M
C)!PT&R (
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S&C 63 Procedure for Ta-ing the Child into Custody. - 0ro9 the 9o9ent a child is
ta4en into custody, the law enforce9ent officer shall2
:a; &=plain to the child in si9ple language and in a dialect that he>she can understand
why he>she is being placed under custody and the offense that he>she allegedly
co99ittedB
:b; (nfor9 the child of the reason for such custody and advise the child of his>her
constitutional rights in a language or dialect understood by hi9>herB
:e; Properly identify hi9self>herself and present proper identification to the childB
:d; Refrain fro9 using vulgar or profane words and fro9 se=ually harassing or abusing,
or 9a4ing se=ual advances on the child in conflict with the lawB
:e; !void displaying or using any firear9, weapon, handcuffs or other instru9ents of
force or restraint, unless absolutely necessary and only after all other 9ethods of control
have been e=hausted and have failedB
:f; Refrain fro9 sub?ecting the child in conflict with the law to greater restraint than is
necessary for his>her apprehensionB
:g; !void violence or unnecessary forceB
:h; .eter9ine the age of the child pursuant to Section E of this !ctB
:i; (99ediately but not later than eight :A; hours after apprehension, turn over custody of
the child to the Social /elfare and .evelop9ent +ffice or other accredited "*+s, and
notify the child@s apprehension The social welfare and develop9ent officer shall e=plain
to the child and the child@s parents>guardians the conseCuences of the child@s act with a
view towards counseling and rehabilitation, diversion fro9 the cri9inal ?ustice syste9,
and reparation, if appropriateB
:?; Ta4e the child i99ediately to the proper 9edical and health officer for a thorough
physical and 9ental e=a9ination The e=a9ination results shall be 4ept confidential
unless otherwise ordered by the 0a9ily Court /henever the 9edical treat9ent is
reCuired, steps shall be i99ediately underta4en to provide the sa9eB
:4; &nsure that should detention of the child in conflict with the law be necessary, the
child shall be secured in Cuarters separate fro9 that of the opposite se= and adult
offendersB
:l; Record the following in the initial investigation2
3 /hether handcuffs or other instru9ents of restraint were used, and if so, the reason for
suchB
6 That the parents or guardian of a child, the .S/., and the P!7 have been infor9ed of
the apprehension and the details thereofB and
$ The e=haustion of 9easures to deter9ine the age of a child and the precise details of
the physical and 9edical e=a9ination or the failure to sub9it a child to such
e=a9inationB and
:9; &nsure that all state9ents signed by the child during investigation shall be witnessed
by the child@s parents or guardian, social wor4er, or legal counsel in attendance who shall
affi= his>her signature to the said state9ent
! child in conflict with the law shall only be searched by a law enforce9ent officer of the
sa9e gender and shall not be loc4ed up in a detention cell
S&C 66 Duties During +nitial +nvestigation. - The law enforce9ent officer shall, in
his>her investigation, deter9ine where the case involving the child in conflict with the
law should be referred
The ta4ing of the state9ent of the child shall be conducted in the presence of the
following2 :3; child@s counsel of choice or in the absence thereof, a lawyer fro9 the
Public !ttorney@s +fficeB :6; the child@s parents, guardian, or nearest relative, as the case
9ay beB and :$; the local social welfare and develop9ent officer (n the absence of the
child@s parents, guardian, or nearest relative, and the local social welfare and develop9ent
officer, the investigation shall be conducted in the presence of a representative of an
"*+, religious group, or 9e9ber of the BCPC
!fter the initial investigation, the local social wor4er conducting the sa9e 9ay do either
of the following2
:a; Proceed in accordance with Section 67 if the child is fifteen :3D; years or below or
above fifteen :3D; but below eighteen :3A; years old, who acted without discern9entB and
:b; (f the child is above fifteen :3D; years old but below eighteen :3A; and who acted with
discern9ent, proceed to diversion under the following chapter
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.(,&RS(+"
S&C 6$ System of Diversion. - Children in conflict with the law shall undergo diversion
progra9s without undergoing court proceedings sub?ect to the conditions herein
provided2
:a; /here the i9posable penalty for the cri9e co99ittee is not 9ore than si= :8; years
i9prison9ent, the law enforce9ent officer or Punong Barangay with the assistance of the
local social welfare and develop9ent officer or other 9e9bers of the 'CPC shall conduct
9ediation, fa9ily conferencing and conciliation and, where appropriate, adopt
indigenous 9odes of conflict resolution in accordance with the best interest of the child
with a view to acco9plishing the ob?ectives of restorative ?ustice and the for9ulation of a
diversion progra9 The child and his>her fa9ily shall be present in these activities
:b; (n victi9less cri9es where the i9posable penalty is not 9ore than si= :8; years
i9prison9ent, the local social welfare and develop9ent officer shall 9eet with the child
and his>her parents or guardians for the develop9ent of the appropriate diversion and
rehabilitation progra9, in coordination with the BCPCB
:c; /here the i9posable penalty for the cri9e co99itted e=ceeds si= :8; years
i9prison9ent, diversion 9easures 9ay be resorted to only by the court
S&C 6% Stages $here Diversion "ay be Conducted. - .iversion 9ay be conducted at
the Hatarungang Pa9barangay, the police investigation or the inCuest or preli9inary
investigation stage and at all 3evels and phases of the proceedings including ?udicial
level
S&C 6D Conferencing. "ediation and Conciliation. - ! child in conflict with law 9ay
undergo conferencing, 9ediation or conciliation outside the cri9inal ?ustice syste9 or
prior to his entry into said syste9 ! contract of diversion 9ay be entered into during
such conferencing, 9ediation or conciliation proceedings
S&C 68 Contract of Diversion. - (f during the conferencing, 9ediation or conciliation,
the child voluntarily ad9its the co99ission of the act, a diversion progra9 shall be
developed when appropriate and desirable as deter9ined under Section $7 Such
ad9ission shall not be used against the child in any subseCuent ?udicial, Cuasi-?udicial or
ad9inistrative proceedings The diversion progra9 shall be effective and binding if
accepted by the parties concerned The acceptance shall be in writing and signed by the
parties concerned and the appropriate authorities The local social welfare and
develop9ent officer shall supervise the i9ple9entation of the diversion progra9 The
diversion proceedings shall be co9pleted within forty-five :%D; days The period of
prescription of the offense shall be suspended until the co9pletion of the diversion
proceedings but not to e=ceed forty-five :%D; days
The child shall present hi9self>herself to the co9petent authorities that i9posed the
diversion progra9 at least once a 9onth for reporting and evaluation of the effectiveness
of the progra9
0ailure to co9ply with the ter9s and conditions of the contract of diversion, as certified
by the local social welfare and develop9ent officer, shall give the offended party the
option to institute the appropriate legal action
The period of prescription of the offense shall be suspended during the effectivity of the
diversion progra9, but not e=ceeding a period of two :6; years
S&C 6E Duty of the Punong Barangay $hen There is /o Diversion. - (f the offense does
not fall under Section 6$:a; and :b;, or if the child, his>her parents or guardian does not
consent to a diversion, the Punong Barangay handling the case shall, within three :$; days
fro9 deter9ination of the absence of ?urisdiction over the case or ter9ination of the
diversion proceedings, as the case 9ay be, forward the records of the case of the child to
the law enforce9ent officer, prosecutor or the appropriate court, as the case 9ay be
-pon the issuance of the corresponding docu9ent, certifying to the fact that no
agree9ent has been reached by the parties, the case shall be filed according to the regular
process
S&C 6A Duty of the La! (nforcement )fficer $hen There is /o Diversion. - (f the
offense does not fall under Section 6$:a; and :b;, or if the child, his>her parents or
guardian does not consent to a diversion, the /o9en and Children Protection .es4 of the
P"P, or other law enforce9ent officer handling the case of the child under custody, to the
prosecutor or ?udge concerned for the conduct of inCuest and>or preli9inary investigation
to deter9ine whether or not the child should re9ain under custody and correspondingly
charged in court The docu9ent trans9itting said records shall display the word
5C)('.5 in bold letters
S&C 6# 'actors in Determining Diversion Program. - (n deter9ining whether diversion
is appropriate and desirable, the following factors shall be ta4en into consideration2
:a; The nature and circu9stances of the offense chargedB
:b; The freCuency and the severity of the actB
:c; The circu9stances of the child :eg age, 9aturity, intelligence, etc;B
:d; The influence of the fa9ily and environ9ent on the growth of the childB
:e; The reparation of in?ury to the victi9B
:f; The weight of the evidence against the childB
:g; The safety of the co99unityB and
:h; The best interest of the child
S&C $7 'ormulation of the Diversion Program. - (n for9ulating a diversion progra9,
the individual characteristics and the peculiar circu9stances of the child in conflict with
the law shall be used to for9ulate an individuali<ed treat9ent
The following factors shall be considered in for9ulating a diversion progra9 for the
child2
:a; The child@s feelings of re9orse for the offense he>she co99ittedB
:b; The parents@ or legal guardians@ ability to guide and supervise the childB
:c; The victi9@s view about the propriety of the 9easures to be i9posedB and
:d; The availability of co99unity-based progra9s for rehabilitation and reintegration of
the child
S&C $3 *inds of Diversion Programs. - The diversion progra9 shall include adeCuate
socio-cultural and psychological responses and services for the child !t the different
stages where diversion 9ay be resorted to, the following diversion progra9s 9ay be
agreed upon, such as, but not li9ited to2
:a; !t the level of the Punong Barangay2
:3; Restitution of propertyB
:6; Reparation of the da9age causedB
:$; (nde9nification for conseCuential da9agesB
:%; /ritten or oral apologyB
:D; Care, guidance and supervision ordersB
:8; Counseling for the child in conflict with the law and the child@s fa9ilyB
:E;!ttendance in trainings, se9inars and lectures on2
:i; anger 9anage9ent s4illsB
:ii; proble9 solving and>or conflict resolution s4illsB
:iii; values for9ationB and
:iv; other s4ills which will aid the child in dealing with situations which can lead to
repetition of the offenseB
:A; Participation in available co99unity-based progra9s, including co99unity serviceB
or
:#; Participation in education, vocation and life s4ills progra9s
:b; !t the level of the law enforce9ent officer and the prosecutor2
:3; .iversion progra9s specified under paragraphs :a;:3; to :a;:#; hereinB and
:6; Confiscation and forfeiture of the proceeds or instru9ents of the cri9eB
:c; !t the level of the appropriate court2
:3; .iversion progra9s specified under paragraphs:a;and :b; aboveB
:6; /ritten or oral repri9and or citationB
:$; 0ine2
:%; Pay9ent of the cost of the proceedingsB or
:D; (nstitutional care and custody
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S&C $6 Duty of the Prosecutor0s )ffice. - There shall be a specially trained prosecutor to
conduct inCuest, preli9inary investigation and prosecution of cases involving a child in
conflict with the law (f there is an allegation of torture or ill-treat9ent of a child in
conflict with the law during arrest or detention, it shall be the duty of the prosecutor to
investigate the sa9e
S&C $$ Preliminary +nvestigation and 'iling of +nformation. - The prosecutor shall
conduct a preli9inary investigation in the following instances2 :a; when the child in
conflict with the law does not Cualify for diversion2 :b; when the child, his>her parents or
guardian does not agree to diversion as specified in Sections 6E and 6AB and :c; when
considering the assess9ent and reco99endation of the social wor4er, the prosecutor
deter9ines that diversion is not appropriate for the child in conflict with the law
-pon serving the subpoena and the affidavit of co9plaint, the prosecutor shall notify the
Public !ttorney@s +ffice of such service, as well as the personal infor9ation, and place of
detention of the child in conflict with the law
-pon deter9ination of probable cause by the prosecutor, the infor9ation against the child
shall be filed before the 0a9ily Court within forty-five :%D; days fro9 the start of the
preli9inary investigation
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C+-RT PR+C&&.("*S
S&C $% Bail. - 0or purposes of reco99ending the a9ount of bail, the privileged
9itigating circu9stance of 9inority shall be considered
S&C $D Release on Recogni1ance. - /here a child is detained, the court shall order2
:a; the release of the 9inor on recogni<ance to his>her parents and other suitable personB
:b; the release of the child in conflict with the law on bailB or
:c; the transfer of the 9inor to a youth detention ho9e>youth rehabilitation center
The court shall not order the detention of a child in a ?ail pending trial or hearing of
his>her case
S&C $8 Detention of the Child Pending Trial. - Children detained pending trial 9ay be
released on bail or recogni<ance as provided for under Sections $% and $D under this !ct
(n all other cases and whenever possible, detention pending trial 9ay be replaced by
alternative 9easures, such as close supervision, intensive care or place9ent with a fa9ily
or in an educational setting or ho9e (nstitutionali<ation or detention of the child pending
trial shall be used only as a 9easure of last resort and for the shortest possible period of
ti9e
/henever detention is necessary, a child will always be detained in youth detention
ho9es established by local govern9ents, pursuant to Section A of the 0a9ily Courts !ct,
in the city or 9unicipality where the child resides
(n the absence of a youth detention ho9e, the child in conflict with the law 9ay be
co99itted to the care of the .S/. or a local rehabilitation center recogni<ed by the
govern9ent in the province, city or 9unicipality within the ?urisdiction of the court The
center or agency concerned shall be responsible for the child@s appearance in court
whenever reCuired
S&C $E Diversion "easures. - /here the 9a=i9u9 penalty i9posed by law for the
offense with which the child in conflict with the law is charged is i9prison9ent of not
9ore than twelve :36; years, regardless of the fine or fine alone regardless of the a9ount,
and before arraign9ent of the child in conflict with the law, the court shall deter9ine
whether or not diversion is appropriate
S&C $A utomatic Suspension of Sentence. - +nce the child who is under eighteen :3A;
years of age at the ti9e of the co99ission of the offense is found guilty of the offense
charged, the court shall deter9ine and ascertain any civil liability which 9ay have
resulted fro9 the offense co99itted )owever, instead of pronouncing the ?udg9ent of
conviction, the court shall place the child in conflict with the law under suspended
sentence, without need of application2 Provided, ho!ever, That suspension of sentence
shall still be applied even if the ?uvenile is already eighteen years :3A; of age or 9ore at
the ti9e of the pronounce9ent of his>her guilt
-pon suspension of sentence and after considering the various chcu9stances of the child,
the court shall i9pose the appropriate disposition 9easures as provided in the Supre9e
Court Rule on Juveniles in Conflict with the 'aw
S&C $# Discharge of the Child in Conflict !ith the La!. - -pon the reco99endation of
the social wor4er who has custody of the child, the court shall dis9iss the case against
the child whose sentence has been suspended and against who9 disposition 9easures
have been issued, and shall order the final discharge of the child if it finds that the
ob?ective of the disposition 9easures have been fulfilled
The discharge of the child in conflict with the law shall not affect the civil liability
resulting fro9 the co99ission of the offense, which shall be enforced in accordance with
law
S&C %7 Return of the Child in Conflict !ith the La! to Court. - (f the court finds that
the ob?ective of the disposition 9easures i9posed upon the child in conflict with the law
have not been fulfilled, or if the child in conflict with the law has willfully failed to
co9ply with the conditions of his>her disposition or rehabilitation progra9, the child in
conflict with the law shall be brought before the court for e=ecution of ?udg9ent
(f said child in conflict with the law has reached eighteen :3A; years of age while under
suspended sentence, the court shall deter9ine whether to discharge the child in
accordance with this !ct, to order e=ecution of sentence, or to e=tend the suspended
sentence for a certain specified period or until the child reaches the 9a=i9u9 age of
twenty-one :63; years
S&C %3 Credit in Service of Sentence. - The child in conflict with the law shall be
credited in the services of his>her sentence with the full ti9e spent in actual co99it9ent
and detention under this !ct
S&C %6 Probation as an lternative to +mprisonment. - The court 9ay, after it shall have
convicted and sentenced a child in conflict with the law, and upon application at any
ti9e, place the child on probation in lieu of service of his>her sentence ta4ing into
account the best interest of the child 0or this purpose, Section % of Presidential .ecree
"o #8A, otherwise 4nown as the 5Probation 'aw of 3#E85, is hereby a9ended
accordingly
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C+"0(.&"T(!'(T1 +0 R&C+R.S !". PR+C&&.("*S
S&C %$ Confedentiality of Records and Proceedings. - !ll records and proceedings
involving children in conflict with the law fro9 initial contact until final disposition of
the case shall be considered privileged and confidential The public shall be e=cluded
during the proceedings and the records shall not be disclosed directly or indirectly to
anyone by any of the parties or the participants in the proceedings for any purpose
whatsoever, e=cept to deter9ine if the child in conflict with the law 9ay have his>hes
sentence suspended or if he>she 9ay be granted probation under the Probation 'aw, or to
enforce the civil liability i9posed in the cri9inal action
The co9ponent authorities shall underta4e all 9easures to protect this confidentiality of
proceedings, including non-disclosure of records to the 9edia, 9aintaining a separate
police blotter for cases involving children in conflict with the law and adopting a syste9
of coding to conceal 9aterial infor9ation which will lead to the child@s identity Records
of a child in conflict with the law shall not be used in subseCuent proceedings for cases
involving the sa9e offender as an adult, e=cept when beneficial for the offender and upon
his>her written consent
! person who has been in conflict with the law as a child shall not be held under any
provision of law, to be guilty of per?ury or of conceal9ent or 9isrepresentation by reason
of his>her failure to ac4nowledge the case or recite any fact related thereto in response to
any inCuiry 9ade to hi9>her for any purpose
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S&C %% )b2ective of Rehabilitation and Reintegration. - The ob?ective of rehabilitation
and reintegration of children in conflict with the law is to provide the9 with
interventions, approaches and strategies that will enable the9 to i9prove their social
functioning with the end goal of reintegration to their fa9ilies and as productive
9e9bers of their co99unities
S&C %D Court )rder Re3uired. - "o child shall be received in any rehabilitation or
training facility without a valid order issued by the court after a hearing for the purpose
The details of this order shall be i99ediately entered in a register e=clusively for
children in conflict with the law "o child shall be ad9itted in any facility where there is
no such register
S&C %8, Separate 'acilities from dults. - (n all rehabilitation or training facilities, it
shall be 9andatory that children shall be separated fro9 adults unless they are 9e9bers
of the sa9e fa9ily -nder no other circu9stance shall a child in conflict with the law be
placed in the sa9e confine9ent as adults
The rehabilitation, training or confine9ent area of children in conflict with the law shall
provide a ho9e environ9ent where children in conflict with the law can be provided with
Cuality counseling and treat9ent
S&C %E 'emale Children. - 0e9ale children in conflict with the law placed in an
institution shall be given special attention as to their personal needs and proble9s They
shall be handled by fe9ale doctors, correction officers and social wor4ers, and shall be
acco99odated separately fro9 9ale children in conflict with the law
S&C %A 4ender,Sensitivity Training. - "o personnel of rehabilitation and training
facilities shall handle children in conflict with the law without having undergone gender
sensitivity training
S&C %# (stablishment of 5outh Detention Homes. - The '*-s shall set aside an a9ount
to build youth detention ho9es as 9andated by the 0a9ily Courts !ct 1outh detention
ho9es 9ay also be established by private and "*+s licensed and accredited by the
.S/., in consultation with the JJ/C
S&C D7 Care and "aintenance of the Child in Conflict !ith the La!. - The e=penses for
the care and 9aintenance of a child in conflict with the law under institutional care shall
be borne by his>her parents or those persons liable to support hi9>her2 Provided, That in
case his>her parents or those persons liable to support hi9>her cannot pay all or part of
said e=penses, the 9unicipality where the offense was co99itted shall pay one-third
:3>$; of said e=penses or part thereofB the province to which the 9unicipality belongs
shall pay one-third :3>$; and the re9aining one-third :3>$; shall be borne by the national
govern9ent Chartered cities shall pay two-thirds :6>$; of said e=pensesB and in case a
chartered city cannot pay said e=penses, part of the internal revenue allot9ents applicable
to the unpaid portion shall be withheld and applied to the settle9ent of said obligations2
Provided, further, That in the event that the child in conflict with the law is not a resident
of the 9unicipality>city where the offense was co99itted, the court, upon its
deter9ination, 9ay reCuire the city>9unicipality where the child in conflict with the law
resides to shoulder the cost
!ll city and provincial govern9ents 9ust e=ert effort for the i99ediate establish9ent of
local detention ho9es for children in conflict with the law
S&C D3 Confinement of Convicted Children in gricultural Camps and other Training
'acilities. - ! child
in conflict with the law 9ay, after conviction and upon order of the court, be 9ade to
serve his>her sentence, in lieu of confine9ent in a regular penal institution, in an
agricultural ca9p and other training facilities that 9ay be established, 9aintained,
supervised and controlled by the B-C+R, in coordination with the .S/.
S&C D6 Rehabilitation of Children in Conflict !ith the La!. - Children in conflict with
the law, whose sentences are suspended 9ay, upon order of the court, undergo any or a
co9bination of disposition 9easures best suited to the rehabilitation and welfare of the
child as provided in the Supre9e Court Rule on Juveniles in Conflict with the 'aw
(f the co99unity-based rehabilitation is availed of by a child in conflict with the law,
he>she shall be released to parents, guardians, relatives or any other responsible person in
the co99unity -nder the supervision and guidance of the local social welfare and
develop9ent officer, and in coordination with his>her parents>guardian, the child in
conflict with the law shall participate in co99unity-based progra9s, which shall include,
but not li9ited to2
:3; Co9petency and life s4ills develop9entB
:6; Socio-cultural and recreational activitiesB
:$; Co99unity volunteer pro?ectsB
:%; 'eadership trainingB
:D; Social servicesB
:8; )o9elife servicesB
:E; )ealth servicesB
:A; Spiritual enrich9entB and
:#; Co99unity and fa9ily welfare services
(n accordance therewith, the fa9ily of the child in conflict with the law shall endeavor to
actively participate in the co99unity-based rehabilitation
Based on the progress of the youth in the co99unity, a final report will be forwarded by
the local social welfare and develop9ent officer to the court for final disposition of the
case
(f the co99unity-based progra9s are provided as diversion 9easures under Chapter ((,
Title ,, the progra9s enu9erated above shall be 9ade available to the child in conflict
with the law
S&C D$ 5outh Rehabilitation Center. - The youth rehabilitation center shall provide 6%-
hour group care, treat9ent and rehabilitation services under the guidance of a trained
staff where residents are cared for under a structured therapeutic environ9ent with the
end view of reintegrating the9 in their fa9ilies and co99unities as socially functioning
individuals ! Cuarterly report shall be sub9itted by the center to the proper court on the
progress of the children in conflict with the law Based on the progress of the youth in the
center, a final report will be forwarded to the court for final disposition of the case The
.S/. shall establish youth rehabilitation centers in each region of the country
S&C D% )b2ectives of Community Based Programs. - The ob?ectives of co99unity-
based progra9s are as follows2
:a; Prevent disruption in the education or 9eans of livelihood of the child in conflict with
the law in case he>she is studying, wor4ing or attending vocational learning institutionsB
:b; Prevent separation of the child in conflict with the law fro9 his>her parents>guardians
to 9aintain the support syste9 fostered by their relationship and to create greater
awareness of their 9utual and reciprocal responsibilitiesB
:c; 0acilitate the rehabilitation and 9ainstrea9ing of the child in conflict with the law
and encourage co99unity support and involve9entB and
:d; Mini9i<e the stig9a that attaches to the child in conflict with the law by preventing
?ail detention
S&C DD Criteria of Community,Based Programs. - &very '*- shall establish
co99unity-based progra9s that will focus on the rehabilitation and reintegration of the
child !ll progra9s shall 9eet the criteria to be established by the JJ/C which shall ta4e
into account the purpose of the progra9, the need for the consent of the child and his>her
parents or legal guardians, and the participation of the child-centered agencies whether
public or private
S&C D8 fter,Care Support Services for Children in Conflict !ith the La!. - Children in
conflict with the law whose cases have been dis9issed by the proper court because of
good behavior as per reco99endation of the .S/. social wor4er and>or any accredited
"*+ youth rehabilitation center shall be provided after-care services by the local social
welfare and develop9ent officer for a period of at least si= :8; 9onths The service
includes counseling and other co99unity-based services designed to facilitate social
reintegration, prevent re-offending and 9a4e the children productive 9e9bers of the
co99unity
T(T'& ,((
*&"&R!' PR+,(S(+"S
C)!PT&R 3
&I&MPT("* PR+,(S(+"S
S&C 67. Status )ffenees. - !ny conduct not considered an offense or not penali<ed if
co99itted by an adult shall not be considered an offense and shall not be punished if
co99itted by a child
S&C 68. )ffenses /ot pplicable to Children. - Persons below eighteen :3A; years of age
shall be e=e9pt fro9 prosecution for the cri9e of vagrancy and prostitution under
Section 676 of the Revised Penal Code, of 9endicancy under Presidential .ecree "o
3D8$, and sniffing of rugby under Presidential .ecree "o 383#, such prosecution being
inconsistent with the -nited "ations Convention on the Rights of the Child2 Provided,
That said persons shall undergo appropriate counseling and treat9ent progra9
S&C 69. (:emption from the pplication of Death Penalty. - The provisions of the
Revised Penal Code, as a9ended, Republic !ct "o #38D, otherwise 4nown as the
Co9prehensive .angerous .rugs !ct of 6776, and other special laws notwithstanding,
no death penalty shall be i9posed upon children in conflict with the law
C)!PT&R 6
PR+)(B(T&. !CTS
S&C ;<. Prohibition gainst Labeling and Shaming. - (n the conduct of the proceedings
beginning fro9 the initial contact with the child, the co9petent authorities 9ust refrain
fro9 branding or labeling children as young cri9inals, ?uvenile delinCuents, prostitutes or
attaching to the9 in any 9anner any other derogatory na9es 'i4ewise, no
discri9inatory re9ar4s and practices shall be allowed particularly with respect to the
child@s class or ethnic origin
S&C ;=. )ther Prohibited cts. - The following and any other si9ilar acts shall be
considered pre?udicial and detri9ental to the psychological, e9otional, social, spiritual,
9oral and physical health and well-being of the child in conflict with the law and
therefore, prohibited2
:a; &9ploy9ent of threats of whatever 4ind and natureB
:b; &9ploy9ent of abusive, coercive and punitive 9easures such as cursing, beating,
stripping, and solitary confine9entB
:c; &9ploy9ent of degrading, inhu9an end cruel for9s of punish9ent such as shaving
the heads, pouring irritating, corrosive or har9ful substances over the body of the child in
conflict with the law, or forcing hi9>her to wal4 around the co99unity wearing signs
which e9barrass, hu9iliate, and degrade his>her personality and dignityB and
:d; Co9pelling the child to perfor9 involuntary servitude in any and all for9s under any
and all instances
C)!PT&R $
P&"!' PR+,(S(+"
S&C ;>. ?iolation of the Provisions of this ct or Rules or Regulations in 4eneral. - !ny
person who violates any provision of this !ct or any rule or regulation pro9ulgated in
accordance thereof shall, upon conviction for each act or o9ission, be punished by a fine
of not less than Twenty thousand pesos :P67,77777; but not 9ore than 0ifty thousand
pesos :PD7,77777; or suffer i9prison9ent of not less than eight :A; years but not 9ore
than ten :37; years, or both such fine and i9prison9ent at the discretion of the court,
unless a higher penalty is provided for in the Revised Penal Code or special laws (f the
offender is a public officer or e9ployee, he>she shall, in addition to such fine and>or
i9prison9ent, be held ad9inistratively liable and shall suffer the penalty of perpetual
absolute disCualification
C)!PT&R %
!PPR+PR(!T(+" PR+,(S(+"
S&C 8$ ppropriations. - The a9ount necessary to carry out the initial i9ple9entation
of this !ct shall be charged to the +ffice of the President Thereafter, such su9s as 9ay
be necessary for the continued i9ple9entation of this !ct shall be included in the
succeeding *eneral !ppropriations !ct
!n initial a9ount of 0ifty 9illion pesos :PD7,777,77777; for the purpose of setting up
the JJ/C shall be ta4en fro9 the proceeds of the Philippine Charity Sweepsta4es +ffice
T(T'& ,(((
TR!"S(T+R1 PR+,(S(+"S
S&C 8% Children in Conflict !ith the La! 'ifteen %=6& 5ears )ld and Belo!. - -pon
effectivity of this !ct, cases of children fifteen :3D; years old and below at the ti9e of the
co99ission of the cri9e shall i99ediately be dis9issed and the child shall be referred to
the appropriate local social welfare and develop9ent officer Such officer, upon thorough
assess9ent of the child, shall deter9ine whether to release the child to the custody of
his>her parents, or refer the child to prevention progra9s as provided under this !ct
Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation
center shall li4ewise be released, unless it is contrary to the best interest of the child
S&C 8D Children Detained Pending Dial. - (f the child is detained pending trial, the
0a9ily Court shall also deter9ine whether or not continued detention is necessary and, if
not, deter9ine appropriate alternatives for detention
(f detention is necessary and he>she is detained with adults, the court shall i99ediately
order the transfer of the child to a youth detention ho9e
S&C 88 +nventory of @Loc-ed,up@ and Detained Children in Conflict !ith the La!. - The
P"P, the BJMP and the B-C+R are hereby directed to sub9it to the JJ/C, within ninety
:#7; days fro9 the effectivity of this !ct, an inventory of all children in conflict with the
law under their custody
S&C 8E Children $ho Reach the ge of (ighteen %=8& 5ears Pending Diversion and
Court Proceedings. - (f a child reaches the age of eighteen :3A; years pending diversion
and court proceedings, the appropriate diversion authority in consultation with the local
social welfare and develop9ent officer or the 0a9ily Court in consultation with the
Social Services and Counseling .ivision :SSC.; of the Supre9e Court, as the case 9ay
be, shall deter9ine the appropriate disposition (n case the appropriate court e=ecutes the
?udg9ent of conviction, and unless the child in conflict the law has already availed of
probation under Presidential .ecree "o 87$ or other si9ilar laws, the child 9ay apply
for probation if Cualified under the provisions of the Probation 'aw
S&C 8A Children $ho Have Been Convicted and are Serving Sentence. - Persons who
have been convicted and are serving sentence at the ti9e of the effectivity of this !ct, and
who were below the age of eighteen :3A; years at the ti9e the co99ission of the offense
for which they were convicted and are serving sentence, shall li4ewise benefit fro9 the
retroactive application of this !ct They shall be entitled to appropriate dispositions
provided under this !ct and their sentences shall be ad?usted accordingly They shall be
i99ediately released if they are so Cualified under this !ct or other applicable law
T(T'& (I
0("!' PR+,(S(+"S
S&C 8# Rule "a-ing Po!er. - The JJ/C shall issue the (RRs for the i9ple9entation of
the provisions of this act within ninety :#7; days fro9 the effectivity thereof
S&C E7 Separability Clause. - (f, for any reason, any section or provision of this !ct is
declared unconstitutional or invalid by the Supre9e Court, the other sections or
provisions hereof not dfected by such declaration shall re9ain in force and effect
S&C E3 Repealing Clause. - !ll e=isting laws, orders, decrees, rules and regulations or
parts thereof inconsistent with the provisions of this !ct are hereby repealed or 9odified
accordingly
S&C E6 (ffectivity. - This !ct shall ta4e effect after fifteen :3D; days fro9 its publication
in at least two :6; national newspapers of general circulation
Republic Act No. E837
Special Protection of Children Against !buse, &=ploitation and .iscri9ination !ct
:Pro9ulgated June 3E, 3##6;
"ote2 Please see Republic !ct #6$3 which a9ended certain provisions of R! E837
!RT(C'& ( Title, Policy, Principles and .efinitions of Ter9s
Section 1. Title - This !ct shall be 4nown as the 5Special Protection of Children !gainst
!buse, &=ploitation and .iscri9ination !ct5
Sec. 2. .eclaration of State Policy and Principles - (t is hereby declared to be the policy
of the State to provide special protection to children fro9 all for9s of abuse, neglect,
cruelty e=ploitation and discri9ination and other conditions, pre?udicial their
develop9entB provide sanctions for their co99ission and carry out a progra9 for
prevention and deterrence of and crisis intervention in situations of child abuse,
e=ploitation and discri9ination The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, e=ploitation and discri9ination or when such acts against
the child are co99itted by the said parent, guardian, teacher or person having care and
custody of the sa9e
(t shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circu9stances which affect or will affect their survival and nor9al
develop9ent and over which they have no control
The best interests of children shall be the para9ount consideration in all actions
concerning the9, whether underta4en by public or private social welfare institutions,
courts of law, ad9inistrative authorities, and legislative bodies, consistent with the
principle of 0irst Call for Children as enunciated in the -nited "ations Convention of the
Rights of the Child &very effort shall be e=erted to pro9ote the welfare of children and
enhance their opportunities for a useful and happy life
Sec. 3. .efinition of Ter9s -
:a; 5Children5 refers to person below eighteen :3A; years of age or those over but are
unable to fully ta4e care of the9selves or protect the9selves fro9 abuse, neglect, cruelty,
e=ploitation or discri9ination because of a physical or 9ental disability or conditionB
:b; 5Child abuse5 refers to the 9altreat9ent, whether habitual or not, of the child which
includes any of the following2
:3; Psychological and physical abuse, neglect, cruelty, se=ual abuse and e9otional
9altreat9entB
:6; !ny act by deeds or words which debases, degrades or de9eans the intrinsic worth
and dignity of a child as a hu9an beingB
:$; -nreasonable deprivation of his basic needs for survival, such as food and shelterB or
:%; 0ailure to i99ediately give 9edical treat9ent to an in?ured child resulting in serious
i9pair9ent of his growth and develop9ent or in his per9anent incapacity or death
:c; 5Circu9stances which gravely threaten or endanger the survival and nor9al
develop9ent of children5 include, but are not li9ited to, the following2
:3; Being in a co99unity where there is ar9ed conflict or being affected by ar9ed
conflict-related activitiesB
:6; /or4ing under conditions ha<ardous to life, safety and nor9al which unduly interfere
with their nor9al develop9entB
:$; 'iving in or fending for the9selves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good Cuality of lifeB
:%; Being a 9e9ber of an indigenous cultural co99unity and>or living under conditions
of e=tre9e poverty or in an area which is underdeveloped and>or lac4s or has inadeCuate
access to basic services needed for a good Cuality of lifeB
:D; Being a victi9 of a 9an-9ade or natural disaster or cala9ityB or
:8; Circu9stances analogous to those above-stated which endanger the life, safety or
nor9al develop9ent of children
:d; 5Co9prehensive progra9 against child abuse, e=ploitation and discri9ination5 refers
to the coordinated progra9 of services and facilities to protected children against2
:3; Child Prostitution and other se=ual abuseB
:6; Child traffic4ingB
:$; +bscene publications and indecent showsB
:%; +ther acts of abusesB and
:D; Circu9stances which threaten or endanger the survival and nor9al develop9ent of
children
ARTICLE II. Progra9 on Child !buse, &=ploitation and .iscri9ination
Sec. 4. 0or9ulation of the Progra9 - There shall be a co9prehensive progra9 to be
for9ulated, by the .epart9ent of Justice and the .epart9ent of Social /elfare and
.evelop9ent in coordination with other govern9ent agencies and private sector
concerned, within one :3; year fro9 the effectivity of this !ct, to protect children against
child prostitution and other se=ual abuseB child traffic4ing, obscene publications and
indecent showsB other acts of abuseB and circu9stances which endanger child survival
and nor9al develop9ent
ARTICLE III. Child Prostitution and +ther Se=ual !buse
Sec. 5. Child Prostitution and +ther Se=ual !buse - Children, whether 9ale or fe9ale,
who for 9oney, profit, or any other consideration or due to the coercion or influence of
any adult, syndicate or group, indulge in se=ual intercourse or lascivious conduct, are
dee9ed to be children e=ploited in prostitution and other se=ual abuse
The penalty of reclusion te9poral in its 9ediu9 period to reclusion perpetua shall be
i9posed upon the following2
:a; Those who engage in or pro9ote, facilitate or induce child prostitution which include,
but are not li9ited to, the following2
:3; !cting as a procurer of a child prostituteB
:6; (nducing a person to be a client of a child prostitute by 9eans of written or oral
advertise9ents or other si9ilar 9eansB
:$; Ta4ing advantage of influence or relationship to procure a child as prostituteB
:%; Threatening or using violence towards a child to engage hi9 as a prostituteB or
:D; *iving 9onetary consideration goods or other pecuniary benefit to a child with intent
to engage such child in prostitution
:b; Those who co99it the act of se=ual intercourse of lascivious conduct with a child
e=ploited in prostitution or sub?ect to other se=ual abuseB Provided, That when the victi9s
is under twelve :36; years of age, the perpetrators shall be prosecuted under !rticle $$D,
paragraph $, for rape and !rticle $$8 of !ct "o $A3D, as a9ended, the Revised Penal
Code, for rape or lascivious conduct, as the case 9ay be2 Provided, That the penalty for
lascivious conduct when the victi9 is under twelve :36; years of age shall be reclusion
te9poral in its 9ediu9 periodB and
:c; Those who derive profit or advantage therefro9, whether as 9anager or owner of the
establish9ent where the prostitution ta4es place, or of the sauna, disco, bar, resort, place
of entertain9ent or establish9ent serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establish9ent
Sec. 6. !tte9pt To Co99it Child Prostitution - There is an atte9pt to co99it child
prostitution under Section D, paragraph :a; hereof when any person who, not being a
relative of a child, is found alone with the said child inside the roo9 or cubicle of a
house, an inn, hotel, 9otel, pension house, apartelle or other si9ilar establish9ents,
vessel, vehicle or any other hidden or secluded area under circu9stances which would
lead a reasonable person to believe that the child is about to be e=ploited in prostitution
and other se=ual abuse
There is also an atte9pt to co99it child prostitution, under paragraph :b; of Section D
hereof when any person is receiving services fro9 a child in a sauna parlor or bath,
9assage clinic, health club and other si9ilar establish9ents ! penalty lower by two :6;
degrees than that prescribed for the consu99ated felony under Section D hereof shall be
i9posed upon the principals of the atte9pt to co99it the cri9e of child prostitution
under this !ct, or, in the proper case, under the Revised Penal Code
ARTICLE IV. Child Traffic4ing
Sec. . Child Traffic4ing - !ny person who shall engage in trading and dealing with
children including, but not li9ited to, the act of buying and selling of a child for 9oney,
or for any other consideration, or barter, shall suffer the penalty of reclusion te9poral to
reclusion perpetua The penalty shall be i9posed in its 9a=i9u9 period when the victi9
is under twelve :36; years of age
Sec. !. !tte9pt to Co99it Child Traffic4ing - There is an atte9pt to co99it child
traffic4ing under Section E of this !ct2
:a; /hen a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the .epart9ent of Social /elfare and .evelop9ent or
written per9it or ?ustification fro9 the child@s parents or legal guardianB
:b; /hen a pregnant 9other e=ecutes an affidavit of consent for adoption for a
consideration
:c; /hen a person, agency, establish9ent or child-caring institution recruits wo9en or
couples to bear children for the purpose of child traffic4ingB or
:d; /hen a doctor, hospital or clinic official or e9ployee, nurse, 9idwife, local civil
registrar or any other person si9ulates birth for the purpose of child traffic4ingB or
:e; /hen a person engages in the act of finding children a9ong low-inco9e fa9ilies,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can
be offered for the purpose of child traffic4ing
! penalty lower two :6; degrees than that prescribed for the consu99ated felony under
Section E hereof shall be i9posed upon the principals of the atte9pt to co99it child
traffic4ing under this !ct
!RT(C'& , +bscene Publications and (ndecent Shows
Sec. ". +bscene Publications and (ndecent Shows - !ny person who shall hire, e9ploy,
use, persuade, induce or coerce a child to perfor9 in obscene e=hibitions and indecent
shows, whether live or in video, or 9odel in obscene publications or pornographic
9aterials or to sell or distribute the said 9aterials shall suffer the penalty of prision
9ayor in its 9ediu9 period
(f the child used as a perfor9er, sub?ect or seller>distributor is below twelve :36; years of
age, the penalty shall be i9posed in its 9a=i9u9 period
!ny ascendant, guardian, or person entrusted in any capacity with the care of a child who
shall cause and>or allow such child to be e9ployed or to participate in an obscene play,
scene, act, 9ovie or show or in any other acts covered by this section shall suffer the
penalty of prision 9ayor in its 9ediu9 period
ARTICLE VI. +ther !cts of !buse
Sec. 1#. +ther !cts of "eglect, !buse, Cruelty or &=ploitation and +ther Conditions
Pre?udicial to the Child@s .evelop9ent -
:a; !ny person who shall co99it any other acts of child abuse, cruelty or e=ploitation or
be responsible for other conditions pre?udicial to the child@s develop9ent including those
covered by !rticle D# of Presidential .ecree "o 87$, as a9ended, but not covered by the
Revised Penal Code, as a9ended, shall suffer the penalty of prision 9ayor in its
9ini9u9 period
:b; !ny person who shall 4eep or have in his co9pany a 9inor, twelve :36; years or
under or who in ten :37; years or 9ore his ?unior in any public or private place, hotel,
9otel, beer ?oint, discotheCue, cabaret, pension house, sauna or 9assage parlor, beach
and>or other tourist resort or si9ilar places shall suffer the penalty of prision 9ayor in its
9a=i9u9 period and a fine of not less than 0ifty thousand pesos :PD7,77777;2 Provided,
That this provision shall not apply to any person who is related within the fourth degree
of consanguinity or affinity or any bond recogni<ed by law, local custo9 and tradition or
acts in the perfor9ance of a social, 9oral or legal duty
:c; !ny person who shall induce, deliver or offer a 9inor to any one prohibited by this
!ct to 4eep or have in his co9pany a 9inor as provided in the preceding paragraph shall
suffer the penalty of prision 9ayor in its 9ediu9 period and a fine of not less than 0orty
thousand pesos :P%7,77777;B Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the 9inor, the penalty to be i9posed shall be prision
9ayor in its 9a=i9u9 period, a fine of not less than 0ifty thousand pesos :PD7,77777;,
and the loss of parental authority over the 9inor
:d; !ny person, owner, 9anager or one entrusted with the operation of any public or
private place of acco99odation, whether for occupancy, food, drin4 or otherwise,
including residential places, who allows any person to ta4e along with hi9 to such place
or places any 9inor herein described shall be i9posed a penalty of prision 9ayor in its
9ediu9 period and a fine of not less than 0ifty thousand pesos :PD7,77777;, and the loss
of the license to operate such a place or establish9ent
:e; !ny person who shall use, coerce, force or inti9idate a street child or any other child
to2
:3; Beg or use begging as a 9eans of livingB
:6; !ct as conduit or 9iddle9en in drug traffic4ing or pushingB or
:$; Conduct any illegal activities, shall suffer the penalty of prision correccional in its
9ediu9 period to reclusion perpetua
0or purposes of this !ct, the penalty for the co99ission of acts punishable under !rticles
6%A, 6%#, 686, paragraph 6, and 68$, paragraph 3 of !ct "o $A3D, as a9ended, the
Revised Penal Code, for the cri9es of 9urder, ho9icide, other intentional 9utilation, and
serious physical in?uries, respectively, shall be reclusion perpetua when the victi9 is
under twelve :36; years of age The penalty for the co99ission of acts punishable under
!rticles $$E, $$#, $%7 and $%3 of !ct "o $A3D, as a9ended, the Revised Penal Code, for
the cri9es of Cualified seduction, acts of lasciviousness with the consent of the offended
party, corruption of 9inors, and white slave trade, respectively, shall be one :3; degree
higher than that i9posed by law when the victi9 is under twelve :36; years age
The victi9 of the acts co99itted under this section shall be entrusted to the care of the
.epart9ent of Social /elfare and .evelop9ent
ARTICLE VII. Sanctions for &stablish9ents or &nterprises
Sec. 11. Sanctions of &stablish9ents or &nterprises which Pro9ote, 0acilitate, or
Conduct !ctivities Constituting Child Prostitution and +ther Se=ual !buse, Child
Traffic4ing, +bscene Publications and (ndecent Shows, and +ther !cts of !buse - !ll
establish9ents and enterprises which pro9ote or facilitate child prostitution and other
se=ual abuse, child traffic4ing, obscene publications and indecent shows, and other acts
of abuse shall be i99ediately closed and their authority or license to operate cancelled,
without pre?udice to the owner or 9anager thereof being prosecuted under this !ct and>or
the Revised Penal Code, as a9ended, or special laws ! sign with the words 5off li9its5
shall be conspicuously displayed outside the establish9ents or enterprises by the
.epart9ent of Social /elfare and .evelop9ent for such period which shall not be less
than one :3; year, as the .epart9ent 9ay deter9ine The unauthori<ed re9oval of such
sign shall be punishable by prision correccional
!n establish9ent shall be dee9ed to pro9ote or facilitate child prostitution and other
se=ual abuse, child traffic4ing, obscene publications and indecent shows, and other acts
of abuse if the acts constituting the sa9e occur in the pre9ises of said establish9ent
under this !ct or in violation of the Revised Penal Code, as a9ended !n enterprise such
as a sauna, travel agency, or recruit9ent agency whichB pro9otes the afore9entioned acts
as part of a tour for foreign touristsB e=hibits children in a lewd or indecent showB
provides child 9asseurs for adults of the sa9e or opposite se= and said services include
any lascivious conduct with the custo9ersB or solicits children or activities constituting
the afore9entioned acts shall be dee9ed to have co99itted the acts penali<ed herein
ARTICLE VIII. /or4ing Children
Sec. 12. &9ploy9ent of Children - Children below fifteen :3D; years of age 9ay be
e9ployed e=cept2
:3; /hen a child wor4s directly under the sole responsibility of his parents or legal
guardian and where only 9e9bers of the e9ployer@s fa9ily are e9ployed2 Provided,
however, That his e9ploy9ent neither endangers his life, safety and health and 9orals,
nor i9pairs his nor9al develop9ent2 Provided, further, That the parent or legal guardian
shall provide the said 9inor child with the prescribed pri9ary and>or secondary
educationB or
:6; /hen a child@s e9ploy9ent or participation in public J entertain9ent or infor9ation
through cine9a, theater, radio or television is essential2 Provided, The e9ploy9ent
contract concluded by the child@s parent or guardian, with the e=press agree9ent of the
child concerned, if possible, and the approval of the .epart9ent of 'abor and
&9ploy9ent2 Provided, That the following reCuire9ents in all instances are strictly
co9plied with2
:a; The e9ployer shall ensure the protection, health, safety and 9orals of the childB
:b; the e9ployer shall institute 9easures to prevent the child@s e=ploitation or
discri9ination ta4ing into account the syste9 and level of re9uneration, and the duration
and arrange9ent of wor4ing ti9eB and
:c; The e9ployer shall for9ulate and i9ple9ent, sub?ect to the approval and supervision
of co9petent authorities, a continuing progra9 for training and s4ill acCuisition of the
child
(n the above e=ceptional cases where any such child 9ay be e9ployed, the e9ployer
shall first secure, before engaging such child, a wor4 per9it fro9 the .epart9ent of
'abor and &9ploy9ent which shall ensure observance of the above reCuire9ent
The .epart9ent of 'abor and &9ploy9ent shall pro9ulgate rules and regulations
necessary for the effective i9ple9entation of this Section
Sec. 13. "on-for9al &ducation for /or4ing Children - The .epart9ent of &ducation,
Culture and Sports shall pro9ulgate a course design under its non-for9al education
progra9 ai9ed at pro9oting the intellectual, 9oral and vocational efficiency of wor4ing
children who have not undergone or finished ele9entary or secondary education Such
course design shall integrate the learning process dee9ed 9ost effective under given
circu9stances
Sec. 14. Prohibition on the &9ploy9ent of Children in Certain !dvertise9ents - "o
person shall e9ploy child 9odels in all co99ercials or advertise9ents pro9oting
alcoholic beverages, into=icating drin4s, tobacco and its byproducts and violence
Sec. 15. .uty of &9ployer - &very e9ployer shall co9ply with the duties provided for in
!rticles 37A and 37# of Presidential .ecree "o 87$
Sec. 16. Penalties - !ny person who shall violate any provision of this !rticle shall suffer
the penalty of a fine of not less than +ne thousand pesos :P3,777; but not 9ore than Ten
thousand pesos :P37,777; or i9prison9ent of not less than three :$; 9onths but not 9ore
than three :$; years, or both at the discretion of the court2 Provided, That, in case of
repeated violations of the provisions of this !rticle, the offender@s license to operate shall
be revo4ed
ARTICLE I$. Children of (ndigenous Cultural Co99unities
Sec. 1. Survival, Protection and .evelop9ent - (n addition to the rights guaranteed to
children under this !ct and other e=isting laws, children of indigenous cultural
co99unities shall be entitled to protection, survival and develop9ent consistent with the
custo9s and traditions of their respective co99unities
Sec. 1!. Syste9 of and !ccess to &ducation - The .epart9ent of &ducation, Culture and
Sports shall develop and institute an alternative syste9 of education for children of
indigenous cultural co99unities which culture-specific and relevant to the needs of and
the e=isting situation in their co99unities The .epart9ent of &ducation, Culture and
Sports shall also accredit and support non-for9al but functional indigenous educational
progra9s conducted by non-govern9ent organi<ations in said co99unities
Sec. 1". )ealth and "utrition - The delivery of basic social services in health and
nutrition to children of indigenous cultural co99unities shall be given priority by all
govern9ent agencies concerned )ospitals and other health institution shall ensure that
children of indigenous cultural co99unities are given eCual attention (n the provision of
health and nutrition services to children of indigenous cultural co99unities, indigenous
health practices shall be respected and recogni<ed
Sec. 2#. .iscri9ination - Children of indigenous cultural co99unities shall not be
sub?ected to any and all for9s of discri9ination
!ny person who discri9inates against children of indigenous cultural co99unities shall
suffer a penalty of arresto 9ayor in its 9a=i9u9 period and a fine of not less than 0ive
thousand pesos :PD,77777; 9ore than Ten thousand pesos :P37,77777;
Sec. 21. Participation - (ndigenous cultural co99unities, through their duly-designated
or appointed representatives shall be involved in planning, decision-9a4ing
i9ple9entation, and evaluation of all govern9ent progra9s affecting children of
indigenous cultural co99unities (ndigenous institution shall also be recogni<ed and
respected
Bac4 to top
!RT(C'& I Children in Situations of !r9ed Conflict
Sec. 22. Children as Kones of Peace - Children are hereby declared as Kones of Peace (t
shall be the responsibility of the State and all other sectors concerned to resolve ar9ed
conflicts in order to pro9ote the goal of children as <ones of peace To attain this
ob?ective, the following policies shall be observed
:a; Children shall not be the ob?ect of attac4 and shall be entitled to special respect They
shall be protected fro9 any for9 of threat, assault, torture or other cruel, inhu9ane or
degrading treat9entB
:b; Children shall not be recruited to beco9e 9e9bers of the !r9ed 0orces of the
Philippines of its civilian units or other ar9ed groups, nor be allowed to ta4e part in the
fighting, or used as guides, couriers, or spiesB
:c; .elivery of basic social services such as education, pri9ary health and e9ergency
relief services shall be 4ept unha9peredB
:d; The safety and protection of those who provide services including those involved in
fact-finding 9issions fro9 both govern9ent and non-govern9ent institutions shall be
ensured They shall not be sub?ected to undue harass9ent in the perfor9ance of their
wor4B
:e; Public infrastructure such as schools, hospitals and rural health units shall not be
utili<ed for 9ilitary purposes such as co99and posts, barrac4s, detach9ents, and supply
depotsB and
:f; !ll appropriate steps shall be ta4en to facilitate the reunion of fa9ilies te9porarily
separated due to ar9ed conflict
Sec. 23. &vacuation of Children .uring !r9ed Conflict - Children shall be given priority
during evacuation as a result of ar9ed conflict &=isting co99unity organi<ations shall
be tapped to loo4 after the safety and well-being of children during evacuation
operations Measures shall be ta4en to ensure that children evacuated are acco9panied by
persons responsible for their safety and well-being
Sec. 24. 0a9ily 'ife and Te9porary Shelter - /henever possible, 9e9bers of the sa9e
fa9ily shall be housed in the sa9e pre9ises and given separate acco99odation fro9
other evacuees and provided with facilities to lead a nor9al fa9ily life (n places of
te9porary shelter, e=pectant and nursing 9others and children shall be given additional
food in proportion to their physiological needs /henever feasible, children shall be
given opportunities for physical e=ercise, sports and outdoor ga9es
Sec. 25. Rights of Children !rrested for Reasons Related to !r9ed Conflict - !ny child
who has been arrested for reasons related to ar9ed conflict, either as co9batant, courier,
guide or spy is entitled to the following rightsB
:a; Separate detention fro9 adults e=cept where fa9ilies are acco99odated as fa9ily
unitsB
:b; (99ediate free legal assistanceB
:c; (99ediate notice of such arrest to the parents or guardians of the childB and
:d; Release of the child on recogni<ance within twenty-four :6%; hours to the custody of
the .epart9ent of Social /elfare and .evelop9ent or any responsible 9e9ber of the
co99unity as deter9ined by the court
(f after hearing the evidence in the proper proceedings the court should find that the
aforesaid child co99itted the acts charged against hi9, the court shall deter9ine the
i9posable penalty, including any civil liability chargeable against hi9 )owever, instead
of pronouncing ?udg9ent of conviction, the court shall suspend all further proceedings
and shall co99it such child to the custody or care of the .epart9ent of Social /elfare
and .evelop9ent or to any training institution operated by the *overn9ent, or duly-
licensed agencies or any other responsible person, until he has had reached eighteen :3A;
years of age or, for a shorter period as the court 9ay dee9 proper, after considering the
reports and reco99endations of the .epart9ent of Social /elfare and .evelop9ent or
the agency or responsible individual under whose care he has been co99itted
The aforesaid child shall sub?ect to visitation and supervision by a representative of the
.epart9ent of Social /elfare and .evelop9ent or any duly-licensed agency or such
other officer as the court 9ay designate sub?ect to such conditions as it 9ay prescribe
The aforesaid child whose sentence is suspended can appeal fro9 the order of the court in
the sa9e 9anner as appeals in cri9inal cases
Sec. 26. Monitoring and Reporting of Children in Situations of !r9ed Conflict - The
chair9an of the barangay affected by the ar9ed conflict shall sub9it the na9es of
children residing in said barangay to the 9unicipal social welfare and develop9ent
officer within twenty-four :6%; hours fro9 the occurrence of the ar9ed conflict
Bac4 to top
ARTICLE $I. Re9edial Procedures
Sec. 2. /ho May 0ile a Co9plaint - Co9plaints on cases of unlawful acts co99itted
against the children as enu9erated herein 9ay be filed by the following2
:a; +ffended partyB
:b; Parents or guardiansB
:c; !scendant or collateral relative within the third degree of consanguinityB
:d; +fficer, social wor4er or representative of a licensed child-caring institutionB
:e; +fficer or social wor4er of the .epart9ent of Social /elfare and .evelop9entB
:f; Barangay chair9anB or
:g; !t least three :$; concerned responsible citi<ens where the violation occurred
Sec. 2!. Protective Custody of the Child - The offended party shall be i99ediately
placed under the protective custody of the .epart9ent of Social /elfare and
.evelop9ent pursuant to &=ecutive +rder "o D8, series of 3#A8 (n the regular
perfor9ance of this function, the officer of the .epart9ent of Social /elfare and
.evelop9ent shall be free fro9 any ad9inistrative, civil or cri9inal liability Custody
proceedings shall be in accordance with the provisions of Presidential .ecree "o 87$
Sec. 2". Confidentiality - !t the instance of the offended party, his na9e 9ay be
withheld fro9 the public until the court acCuires ?urisdiction over the case
(t shall be unlawful for any editor, publisher, and reporter or colu9nist in case of printed
9aterials, announcer or producer in case of television and radio broadcasting, producer
and director of the fil9 in case of the 9ovie industry, to cause undue and sensationali<ed
publicity of any case of violation of this !ct which results in the 9oral degradation and
suffering of the offended party
Sec. 3#. Special Court Proceedings - Cases involving violations of this !ct shall be heard
in the cha9bers of the ?udge of the Regional Trial Court duly designated as Juvenile and
.o9estic Court
!ny provision of e=isting law to the contrary notwithstanding and with the e=ception of
habeas corpus, election cases, and cases involving detention prisoners and persons
covered by Republic !ct "o %#7A, all courts shall give preference to the hearing or
disposition of cases involving violations of this !ct
ARTICLE $II. Co99on Penal Provisions
Sec. 31. Co99on Penal Provisions -
:a; The penalty provided under this !ct shall be i9posed in its 9a=i9u9 period if the
offender has been previously convicted under this !ctB
:b; /hen the offender is a corporation, partnership or association, the officer or e9ployee
thereof who is responsible for the violation of this !ct shall suffer the penalty i9posed in
its 9a=i9u9 periodB
:c; The penalty provided herein shall be i9posed in its 9a=i9u9 period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the
second degree of consanguinity or affinity, or a 9anager or owner of an establish9ent
which has no license to operate or its license has e=pired or has been revo4edB
:d; /hen the offender is a foreigner, he shall be deported i99ediately after service of
sentence and forever barred fro9 entry to the countryB
:e; The penalty provided for in this !ct shall be i9posed in its 9a=i9u9 period if the
offender is a public officer or e9ployee2 Provided, however, That if the penalty i9posed
is reclusion perpetua or reclusion te9poral, then the penalty of perpetual or te9porary
absolute disCualification shall also be i9posed2 Provided, finally, That if the penalty
i9posed is prision correccional or arresto 9ayor, the penalty of suspension shall also be
i9posedB and
:f; ! fine to be deter9ined by the court shall be i9posed and ad9inistered as a cash fund
by the .epart9ent of Social /elfare and .evelop9ent and disbursed for the
rehabilitation of each child victi9, or any i99ediate 9e9ber of his fa9ily if the latter is
the perpetrator of the offense
ARTICLE $III. 0inal Provisions
Sec. 32. Rules and Regulations - -nless otherwise provided in this !ct, the .epart9ent
of Justice, in coordination with the .epart9ent of Social /elfare and .evelop9ent, shall
pro9ulgate rules and regulations of the effective i9ple9entation of this !ct
Such rules and regulations shall ta4e effect upon their publication in two :6; national
newspapers of general circulation
Sec. 33. !ppropriations - The a9ount necessary to carry out the provisions of this !ct is
hereby authori<ed to be appropriated in the *eneral !ppropriations !ct of the year
following its enact9ent into law and thereafter
Sec. 34. Separability Clause - (f any provision of this !ct is declared invalid or
unconstitutional, the re9aining provisions not affected thereby shall continue in full force
and effect
Sec. 35. Repealing Clause - !ll laws, decrees, or rules inconsistent with the provisions of
this !cts are hereby repealed or 9odified accordingly
Sec. 36. &ffectivity Clause - This !ct shall ta4e effect upon co9pletion of its publication
in at least two :6; national newspapers of general circulation