Rules and Regulations Implementing Republic Act No. 11188 (The Special Protection of Children in Situations of Armed Conflict Act)

June 04, 2019

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 11188, OTHERWISE KNOWN AS "THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF ARMED CONFLICT ACT"

Pursuant to Section 33 of Republic Act No. 11188, "An Act Providing for the Special Protection of Children in Situations of Armed Conflict and Providing Penalties for Violations Thereof," the Council for the Welfare of Children (CWC) together with the member agencies of the Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC) and in consultation with other government agencies, civil society organizations involved in caring for children in situations of armed conflict, and the children themselves, hereby promulgate the implementing rules and regulations of the said law, as follows:

RULE 1. Title. — These Rules shall be known and cited as the "The Rules and Regulations Implementing the Special Protection of Children in Situations of Armed Conflict Act."

RULE 2. Purpose. — These Rules and Regulations are hereby promulgated to prescribe the guidelines and procedures for the implementation of Republic Act No. 11188 (the "Act") in order to ensure that children in situations of armed conflict have effective access to justice as well as services and programs for their rescue, rehabilitation and reintegration. These Rules and Regulations shall serve as the minimum guidelines and standards for government officials and personnel of national government agencies and local government units and other service providers.

RULE 3. Declaration of State Policy. — It shall be the policy of the State to provide special protection to children in situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial to their development, taking into consideration their gender, cultural, ethnic and religious background. For this purpose, the State shall:

1. Fully implement the protection guaranteed under the United Nations Convention on the Rights of the Child (UNCRC), its Optional Protocol on the involvement of children in armed conflict and all other core human rights treaties, particularly, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; other pertinent international instruments such as the International Labor Organization Convention No. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor; the Geneva Conventions of 1949 and the additional protocols ratified by the Philippines; the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) General Recommendation No. 30 and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction;

2. Take into account the United Nations Guiding Principles on Internal Displacement, the United Nations Security Council Resolutions related to children affected by armed conflict, United Nations Security Council Resolution (UNSCR) No. 1820 on Women, Peace and Security, and other pertinent international instruments in the implementation of its treaty obligations and of this Act;

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

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

5. Take all feasible measures to prevent the recruitment and use of children in armed conflict and shall take all necessary measures to ensure the effective implementation and enforcement of the provisions of this Act;

6. Take all the necessary measures to address the root causes of armed conflict including, but not limited to, poor governance, issues of injustice and widespread poverty and economic inequity that result in involving, affecting or displacing children;

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

8. Continue to fulfill its responsibilities to end impurity and to prosecute those responsible especially for grave child rights violations in armed conflict; and

9. Ensure the right to participation of children affected by armed conflict in all its policies, actions, and decisions concerning their rescue, rehabilitation and reintegration.

RULE 4. Scope of Application. — These Rules and Regulations, as is the Act, shall apply to all children involved in, affected by, or displaced by armed conflict. These include, but not limited to, those in the Bangsamoro Autonomous Region of Muslim Mindanao (BARMM).

The application of the Act and these Rules and Regulations shall not affect the legal status of any party to the armed conflict.

RULE 5. Interpretation of this Act. — Nothing in the Act or in these Rules and Regulations shall be construed as precluding provisions in existing Philippine laws, international human rights laws and related instruments, and international humanitarian laws that are more conducive to the realization of the rights of children.

RULE 6. Definition of Terms. — As used in the Act and these Rules:

a) "Abduction of children"refers to the seizure, apprehension, taking in custody, detention or capture of one or more children either temporarily or permanently, by force, threat of force or coercion or deception for the purpose of any form of exploitation of such children in situations of armed conflict;

b) "Acts of gender-based violence" refer to physical or sexual violence other than rape, and psychosocial harm that is committed against a person as a result of power inequities that are based on gender roles. These include, among others, battering, sexual slavery and abuse of children, female genital mutilation (FGM), prostitution, child, early, and forced marriage (CEFM), forced pregnancy or forced sterilization;

c) "Armed conflict"refers to armed confrontations occurring between government forces and one or more armed groups, or between such groups arising in the Philippine territory. These shall include activities which may lead to, or are undertaken in preparation of armed confrontation or armed violence that put children's lives at risk and their rights violated;

d) "Armed group"refers to an armed non-state actor or non-state entity engaged in armed violence against the State or its government forces or against other non-state armed groups, actors or non-state entities;

e) "Attacks on schools, hospitals, places of worship, child development centers, evacuation centers, places of indigenous cultural importance, 1madaris, illegible text and other public places such as recreation parks, playgrounds, multi-purpose halls 2 and malls" refer to either the occupation, shelling or targeting for propaganda of schools, hospitals, or places of worship; causing damage to such places, or harm or injury to their personnel; or causing the total or partial physical destruction of such facilities; or disruption of educational activities, and health services.

 These also refer to attacks of such places which have been temporarily abandoned by the community as a result of armed conflict.

 'Causing damage, harm, injury, or destruction' refers to acts that are not in accordance with IHL;

f) "Best interest of the child" refers to the totality of circumstances and conditions that are most beneficial for the survival, protection and feelings of security of the child, and most likely to promote the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child as defined by Republic Act No. 9344 otherwise known as the "Juvenile Justice and Welfare Act," as amended;

g) "Camps"refer to structures or spaces occupied by government forces and armed groups;

h) "Child"refers to:

1. A person below eighteen (18) years of age; or

2. A person eighteen (18) years of age or older but who is unable to fully take care of one's self; or protect one's self from abuse, neglect, cruelty, exploitation or discrimination; and unable to act with discernment because of physical or mental disability or condition.

i) "Child protection" refers to measures, structures and activities that ensure the prevention and response to abuse, neglect, exploitation and violence affecting children. It shall include the promotion of their growth, development and psychosocial well-being;

j) "Children affected by armed conflict (CAAC)" refer to all children population experiencing or who have experienced armed conflict;

k) "Children involved in armed conflict (CIAC)" refer to children who are either forcibly, compulsorily recruited, or who voluntarily joined a government force or any armed group in any capacity. These children may participate directly in armed hostilities as combatants or fighters; or indirectly through support roles such as scouts, spies, saboteurs, decoys, checkpoint assistants, couriers, messengers, porters, cooks, or as sexual objects;

l) "Children in situations of armed conflict (CSAC)" refer to all children involved in armed conflict, including children affected by armed conflict and internally displaced children;

m) "Cruel, inhuman and degrading treatment" refer to acts of mental, and physical suffering, anguish, humiliation, fear, and debasement short of torture including medical experimentation without free consent;

n) "Denial of Humanitarian Access" refers to the intentional barring by physical force or administrative barriers of humanitarian aid, supplies, services, and personnel into, through, and out of an area affected by armed conflict;

o) "Distinction" is a principle of international humanitarian law governing one prerequisite requirement for the legal use of force according to which parties to an armed conflict must at all times distinguish between the civilian population and those directly participating in hostilities, regardless of whether they are children or adults. It encompasses the duty to avoid or minimize harm to persons and objects protected against direct attack;

p) "Extrajudicial killings"refer to all acts and omissions of State actors that constitute violation of the general recognition of the right to life embodied in the Universal Declaration of Human Rights, the United Nations Covenant on Civil and Political Rights, the UNCRC and similar other human rights treaties to which the Philippines is a State party. These also refer to killings committed without the due process of law, that is without legal safeguards or judicial proceedings;

q) "False branding of children or labeling children as children involved in armed conflict" refers to the voluntary and intentional act of referring to, calling, defining, reporting or any other form of communication that incorrectly defines children as children involved in armed conflict, when the status or condition of such children are such that they are not involved in armed conflict as defined in this Act;

r) "False reporting of a child in custody" refers to the voluntary and intentional act of any person of providing false, incorrect or mistaken information in relation to a child in custody in relation to situations of armed conflict;

s) "Food blockade" refers to an armed conflict tactic of forcibly cutting off entry of food supplies in a particular area where children can be found. Cutting off includes blocking off or limiting access;

t) "Government forces" refer to the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), paramilitary, and other law enforcement agencies;

u) "Grave child rights violations" refer to the crimes committed against children that constitute flagrant violations of their human rights and have severe consequences on their lives. These crimes include those enumerated in Section 9 of this Act such as killing or maiming of children, recruitment or use of CIAC, rape and other forms of sexual violence against children, abduction of children, attacks against schools or hospitals, or denial of humanitarian access to children;

v) "Hamleting" refers to an armed conflict strategy used by one party involved in armed conflict that isolates a community of importance to the other party which is inhabited by children, including relocating a community away from crucial zones and could be used to control the activities of the people in said areas;

w) "Hospitals or health facilities" refer to any structure including diagnostic clinics or multispecialty clinics recognized and known by the community as a facility recognized and known where the sick and wounded are provided with medical or health care services;

x) "Humanitarian access" refers to the right of vulnerable populations to receive international protection and assistance from an impartial humanitarian relief operation to complement efforts of national authorities. Such action is subject to the consent of the State or parties concerned and does not prescribe coercive measures in the event of refusal, however unwarranted. Consent must not be refused on arbitrary grounds. It is the rapid, unimpeded, timely, safe, and sustained passage of humanitarian relief for civilians in need and caught in armed conflict. It is a fundamental prerequisite for humanitarian action and protection of victims of armed conflict. Humanitarian access must follow the principles of humanity, impartiality, neutrality and operational independence. Protection and assistance may also come from non-international sources;

y) "Humanitarian assistance" refers to any aid that seeks to save lives and alleviate suffering of a crisis-affected population, whether the crisis is natural or human-induced. Humanitarian assistance must be provided in accordance with the basic humanitarian principles of humanity, integrity, impartiality, independence and neutrality. Assistance may be divided into three categories: direct assistance, indirect assistance, and infrastructure support, which have diminishing degrees of contact with the affected population;

z) "Intentional delayed reporting" refers to the deliberate deferment of informing the Department of Social Welfare and Development (DSWD). Its local counterpart, the Local Councils for the Protection of Children (LCPC), or the Council for the Welfare of Children (CWC) about the physical custody of a CIAC for a period more than twenty-four (24)-hours;

aa) "Internally displaced children" refer to children or group of children, whether separated or together with their families, who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular, as a result of or in order to avoid the effect of armed conflict and situations of generalized violence;

bb) "Killing of children" refers to acts of all kinds in the context of armed conflict that result in the death of one or more children. They include the death of children as a result of direct targeting and indirect actions, such as cross fire, use of landmines and improvised explosive devices (IED), cluster munitions, biological weapons of destruction, all other forms and types of explosives; or house demolitions, search and arrest campaigns, suicide attacks and torture; they also include murder, homicide and such other similar crimes as defined in the Revised Penal Code, as amended and other special laws. In the prosecution of this crime, consideration shall be given to the principles of proportionality, precaution, and distinction in attacks, as well as to the question whether the children in question were directly participating in hostilities;

cc) "Maiming of children" refers to acts of all kinds of in the context of armed conflict that result in serious or permanent or disabling injury, scarring or defacing, or mutilation of children. It shall cover intentional maiming of children where they are directly targeted, and causal maiming of children which result from indirect actions, such as cross fire, use of landmines, IED, cluster munitions, biological weapons of destruction, all forms and types of explosives; or in the context of house demolitions, search and arrest campaigns, suicide attacks and torture. In the prosecution of this crime, consideration shall be given to the principles of proportionality, precaution, and distinction in attacks, as well as to the question whether the children in question were directly participating in hostilities;

dd) "Parents"refer to any of the following:

1. Biological parents of the child;

2. Adoptive parents of the child;

3. Individuals who have custody of the child; or

4. A duly licensed foster parent, pursuant to Republic Act No. 10165, otherwise known as the "Foster Care Act of 2012."

 'Individuals who have custody of the child' refer to those who are serving as custodians of the children and are providing them care and shelter.

 This is without prejudice to provisions on potential authority as governed by the Family Code of the Philippines;

ee) "Precaution" refers to a principle under international humanitarian law which entails that in the conduct of military operations, all feasible precautions shall be taken to spare the civilian population, civilians and civilian objects. This applies especially to children;

ff) "Proportionality" refers to a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must make sure that the harm caused to civilians or civilian property is not excessive in relation to the concrete and direct military advantage expected by an attack on a legitimate military objective;

gg) "Rape" refers to a sexual assault that violates a person's right to personal security and bodily integrity with the essential lack of consent and shall include those enumerated in Section 2 of Republic Act No. 8353, otherwise known as "The Anti-Rape Law of 1997";

hh) "Recruitment" refers to compulsory, forced or voluntary conscription or enlistment of children into the governmental armed force or forced or voluntary membership into the armed group. These includes compulsory basic military training for the purpose of enlistment of students in order to motivate, train, organize, and utilize for national defense operations. Optional basic military training for students is permissible;

ii) "Release of children" refers to the process of formal and controlled disarmament and demobilization of children and their release from a government force or armed group as well as informal ways in which children leave by escaping, being captured or by other means. It entails a disassociation from the government force or armed group and the beginning of transition from military to civilian life. Release can take place during a situation of armed conflict, it is not dependent on the temporary or permanent cessation of hostilities; and it is not dependent on children having weapons to forfeit;

jj) "Sexual Violence" refers to any sexual act or attempt to do a sexual act by inducement, coercion, intimidation, or physical force. It includes any of the following: (a) the inducement or coercion of a child to engage in any unlawful or psychologically harmful sexual activity; (b) the use of children in commercial sexual exploitation; (c) the use of children in audio or visual images of child sexual abuse; (d) child prostitution, sexual slavery, sexual exploitation in travel and tourism, trafficking (within and between countries) and sale of children for sexual purposes and forced marriage. Sexual violence may or may not accompanied by physical force or restraint and includes those which are psychologically intrusive, exploitive and traumatic including acts directed against a person's sexuality regardless of the relationship to the victim;

kk) "School" refers to any structure or space, with or without marked visible boundaries, which is either recognized by the government or known by the community as a learning space for children. It includes all learning spaces and structures whether formal or informal, including madaris andillegible text.

 This definition applies only for purposes of this Act and in furtherance of its declared policy provide special protection to children in situations of armed conflict. As such, the above definition should be understood as follows:

 'School recognized by the government' shall refer to an educational institution, private and public, undertaking basic education operating under the Department of Education, with a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually located in a building or a group of buildings, in a particular physical or cyber site, in consonance with the definition of a "school" under Republic Act No. 9155 otherwise known as the "Governance of Basic Education Act of 2001" and other related laws and rules. It shall also refer to a "learning center" or a physical space to house learning resources and facilities of a learning program such as the alternative learning system under the DepEd for out-of-school youth engaged in face-to-face learning activities and other learning opportunities for community development and improvement of the children's quality of life, as defined under Republic Act No. 9155 and other related laws and rules.

 'School known by the community as a learning space for children' shall refer to any structure or space, with or without marked visible boundaries, known by the community as a learning space for children. Such school does not offer basic education under a permit of recognition to offer basic education from the DepEd;

ll) "Torture" as defined by Republic Act 9851 or the "Philippine Act on Crimes against International Humanitarian Law, Genocide, and Other Crimes against Humanity" means the intentional infliction of severe pain or suffering, whether physical, mental, or psychological, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

mm) "Worst forms of child labor" as defined by Republic Act No. 9231, on the Elimination of the Worst Kinds of Child Labor, shall refer to any of the acts defined by said law including all forms of slavery, as defined under the "Anti-Trafficking in Persons Act of 2003," or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict.

nn) "Zone of peace" refers to a site with sacred, religious, historic, educational, cultural, geographical or environmental importance, which is protected and preserved by its own community. It is not merely a "Demilitarized Zone," but a sanctuary that operates within ethical principles of nonviolence free from weapons, acts of violence, injustice and environmental degradation. The recognition of the Zone of Peace expresses commitments on the part of its community, governmental authority and, if appropriate, religious leadership to preserve the peaceful integrity of the designated site. Its custodians, members, participants and visitors exemplify mutual respect and nonviolent behaviors while on the site and share their resources for furthering peace and cooperation.

RULE 7. Children as Zones of Peace. — Children are hereby declared as Zones of Peace. The treatment of children as Zones of Peace shall extend beyond territorial or geographical boundaries and shall focus on the person of the child whose rights shall be promoted and protected at all times, especially in situations of armed conflict or violence. The State and all sectors concerned shall have the responsibility to resolve armed conflict in order to promote the goal of children as Zones of Peace. As such, the community, governmental authority and, if appropriate, religious leadership shall preserve the peaceful integrity of children, exemplify mutual respect and nonviolent behavior in the presence of children, and share their resources to further peace and cooperation.

As Zones of Peace, children shall be treated in accordance with the policies stipulated under Article X, Section 22 of Republic Act No. 7610, otherwise known as the "Special Protection of Children against Child Abuse, Exploitation and Discrimination Act," to wit:

1. Children shall not be object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

2. Children shall not be recruited to become members of the Armed Forces of the Philippines, its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers or spies;

3. Delivery of basic social services such as education, primary health, nutrition, shelter and emergency relief services shall be kept unhampered;

4. The safety and protection of those who provide services including those involved in fact-finding missions from both government and nongovernment institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work and may seek assistance from or coordinate with the Armed Forces of the Philippines or Philippine National Police;

5. Public Infrastructure such as schools, child development centers, hospitals, evacuation centers, infirmaries, barangay health stations and rural health units shall not be utilized for military and police purposes such as command posts, barracks, detachments, and supply depots; and,

6. All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.

All Local Government Units (LGUs), in coordination with the Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC) shall come up with an initial list of areas and structures that are considered as Zones of Peace. This list shall be posted in conspicuous areas in the LGU and the same shall be annually updated or more often, if necessary.

RULE 8. Rights of Children in Situations of Armed Conflict. — Children in situations of armed conflict shall have the following rights:

a) The right to life, survival, and development;

b) The right of special respect and protection against any form of abuse, neglect, exploitation and violation, especially in the context of armed conflict;

c) The right to be treated as victims. They shall be treated in accordance with this Act and other applicable laws, consistent with the State obligations under international law, within the framework of restorative justice, social rehabilitation and promotion of their protection;

d) The right to be accorded with special respect and to be protected from any form of direct or indiscriminate attacks and acts of violence, especially protection from the grave child rights violations as enumerated in Section 9 of this Act;

e) The right to be protected from recruitment into government forces or armed groups and from participation in armed conflict including the right to be protected from torture or any cruel, inhuman or degrading practices that compel compliance or punish noncompliance with recruitment or participation in armed conflict;

f) The right to be protected from maiming, torture, abduction, rape and killing, especially extrajudicial killing;

g) The right to be immediately provided and have safe access to essential, adequate, age- and culturally-appropriate food and nutrition; basic shelter and housing; culturally appropriate clothing; water; sanitation and hygiene; basic health services, including essential drugs, medicines and vaccines, minimum initial service package for reproductive health, health and nutritional status assessment, medical examination, and appropriate intervention; education, including alternative systems of education, including religious and moral education; early childhood care and development programs, mental health, psychosocial support and social services. All services provided for them must be child-specific and gender sensitive and responsive;

h) The right to enjoy their freedom of thought, conscience, religion or belief, opinion and expression; to associate freely and participate equally in legitimate community affairs; to communicate in a language they understand even in situations of armed conflict and whether or not they have been internally displaced or are living in evacuation centers or settlements;

i) The right to be treated humanely in all circumstances, without any adverse distinction founded on birth, race, color, religion, or faith, social status, sexual orientation, gender identity and expression (SOGIE), wealth, or any other similar criteria;

j) The right not to be interned or confined in a camp;

k) The right of the injured, the wounded and the sick, those with disabilities, those who are separated and unaccompanied, expectant and lactating mothers, including adolescent girls, to care, protection and assistance required by their condition and treatment which takes into account their special needs such as their health and nutrition needs, reproductive health care, appropriate counselling, prevention of infectious diseases and mental health psychosocial support services;

l) The right to be with their families, especially with their mothers, during evacuations and in evacuation centers. This includes displaced children residing with host families;

m) The right to be reunited with their families in case of separation due to armed conflict, if possible and in the best interests of the child;

n) The right to privacy and confidentiality in all proceedings. This shall include those rights found in the Rules on the Examination of Child Witnesses;

o) The right to non-discrimination;

p) The right to liberty of movement and freedom to choose their residence in particular, internally displaced children and their families have the right to move freely in and out of evacuation centers or other settlements, subject to existing rules and regulations in those centers or other settlements and to other government regulations and directives;

q) The right especially of internally displaced children and their families to: leave the country; seek safety in another part of the country; seek other service providers; seek asylum in another country; and be protected against forcible return to resettlement in any place where their life, safety, liberty or health would be at risk;

r) The right to obtain necessary documents to enjoy their legal rights. The State shall have the duty to expedite services in the issuance of new documents or the replacement of documents lost in the course of displacement, without imposing unreasonable conditions and without discrimination against female child and male child, who shall have equal rights to obtain and to be issued the same in their own names;

s) The right of access to justice including free legal aid when filing cases against the perpetrators and preparing the proper defenses when they are the accused;

t) The right to the protection of their family's properties and possessions in all circumstances; and

u) The right to be consulted and to participate in all matters affecting them. Whenever feasible, views of children, as well as families and the communities to which these children return, should be sought in all stages of assessment, planning, implementation and evaluation activities aimed at preventing the association of children with government forces or armed groups; as well as in the development and design of policies, programs and services for the rescue, rehabilitation, and reintegration of children involved in armed conflict.

The rights enumerated in this Rule shall not hinder the application of other rights recognized and guaranteed in the Constitution and other existing laws in keeping with the best interests of the child.

RULE 9. Prevention. — The State shall take all feasible measures to prevent the recruitment, re-recruitment, use, displacement of, or grave child rights violations against children involved in armed conflict. It shall take all necessary measures to ensure the effective implementation and enforcement of the provisions of this Act. It shall ensure that children, families, and communities should be consulted in the design and implementation of prevention activities. Towards this end, the State shall:

a) Prioritize children's issues in the peace program of the government and include children's concerns, specifically the effects of armed conflicts, in peace negotiations;

b) Pursue in both formal and non-formal settings the mainstreaming of peace education and human rights programs and curriculum, and the promotion of the culture of peace and non-violence;

c) Provide educational assistance, whether formal or alternative learning system, that is child, gender, and culturally sensitive. Girls should have an equal right to education irrespective of their status as mothers or wives. The equal right to education prohibits discrimination as defined in Republic Act No. 9710 otherwise known as "The Magna Carta of Women";

d) Develop and implement gender-sensitive training programs and advocacy campaigns towards promoting a culture of peace and respect for human rights, especially children's rights and international humanitarian law in collaboration with civil society organizations, people's organizations, and relevant government agencies;

e) Provide continuous capacity building on Local Governance and Community Development especially among direct service providers and ensure the active participation of the Local Councils for the Protection of Children, and various organizations especially of children's and people's organizations at the community level. These organizations shall be involved in consultations and decision-making processes and in the development and implementation of programs, projects and activities established for them;

f) Establish livelihood programs which shall be made available to communities in all affected areas in order to alleviate the living conditions of the people;

g) Make available basic health and nutrition services in health facilities in all affected areas. Culturally-sensitive nutrition programs and activities including dietary supplementation shall also be made available. Efforts to support traditional health practices in indigenous peoples' area shall also be initiated;

h) Establish functional and gender-sensitive basic facilities and infrastructure needed especially in geographically isolated and disadvantaged areas;

i) Ensure that child protection mechanisms such as but not limited to, the Barangay Violence Against Women and their Children (VAWC) Desks and Local Councils for the Protection of Children (LCPC), are present and functional;

j) Establish a comprehensive, effective and efficient system for monitoring, reporting, and response for violations of Section 9 of the Act on grave child rights violations; and

k) Provide parent education, awareness raising, and other parental support programs geared toward the prevention of children becoming involved in armed conflict.

RULE 10. Prohibited Acts and Corresponding Penalties. — Section 9 of the Act provides for the prohibited acts and corresponding penalties, to wit:

RULE 10 (a). Grave Child Rights Violations and Its Corresponding Penalties. — It shall be unlawful for any person to commit the following acts of grave child rights violations:

1) Killing of children;

2) Torture committed against children. For purposes of this Act, torture shall include those enumerated in Section 4 of Republic Act No. 9745, otherwise known as the "Anti-Torture Act of 2009";

3) Intentional maiming of children; and

4) Rape of children and other forms of sexual violence.

Any person found guilty of committing any of the acts enumerated in Rule 10 (a) shall suffer the penalty of life imprisonment and a fine of not less than Two Million Pesos (P2,000,000.00) but not more than Five Million Pesos (P5,000,000.00).

RULE 10 (b). Other Grave Child Rights Violations and Its Corresponding Penalties. — The following acts of grave child rights violations are also hereby prohibited:

1) Cruel, inhuman and degrading treatment or punishment committed against children. For purposes of the Act, cruel, inhuman and degrading treatment or punishment shall include those acts enumerated in Section 5 of Republic Act No. 9745 or the "Anti-Torture Act of 2009";

2) Abduction of children;

3) Causal maiming of children;

4) Taking children as hostages or using them as human shield;

5) Recruitment, conscription or enlistment of children into government forces and other armed groups;

6) Acts of gender-based violence against children;

7) Refusal or denial of humanitarian access or assistance to children;

8) Use or involvement of children involved in armed conflict in any capacity as defined in Section 5 (j) 3 of the Act;

9) Attacks on schools, hospitals, places of worship, child development centers, evacuation centers, places of indigenous cultural importance, madaris, illegible text and other public places such as recreation parks, playgrounds, multi-purpose halls 4 and malls.

Any person found guilty of committing any of the acts enumerated in Rule 10 (b) shall suffer the penalty of imprisonment of not less than fourteen (14) years but not more than twenty (20) years and a fine of not less than One Million Pesos (P1,000,000.00) but not more than Two Million Pesos (P2,000,000.00).

Where the crimes committed under Rule 10 (b) result in the killing, torture, maiming or rape of children as enumerated in Rule 10 (a), the penalty imposed shall be that of Rule 10 (a).

RULE 10 (c). Other Punishable Acts. — It shall be unlawful for any person to commit the following acts:

1) Hamleting;

2) Food blockade;

3) Intentional delayed reporting of a child in custody;

4) False reporting of a child in custody;

5) False branding of children or labeling children as children involved in armed conflict;

6) Arrest, arbitrary detention or unlawful prosecution of children allegedly associated with armed groups or government forces.

Any person found guilty of committing any of the acts in Rule 10 (c) shall suffer the penalty of imprisonment of not less than six (6) years but not more than twelve (12) years and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more than One Million Pesos (P1,000,000.00).

RULE 10 (d). Parental Accountability. — Parental accountability in situations of armed conflict are subject to the existing provisions of Presidential Decree No. 603, otherwise known as "The Child and Youth Welfare Code"; Republic Act No. 7610, otherwise known as "Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act of 1992"; Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003"; Republic Act No. 9231 which amends Republic Act No. 7610 providing for the Elimination of the Worst Kinds of Child Labor; Republic Act No. 9851, otherwise known as the "Philippine Act on Crimes against International Humanitarian Law, Genocide, and Other Crime against Humanity"; and Republic Act No. 10364, otherwise known as the "Expanded Anti-Trafficking in Persons Act of 2012"; Provided, that any of the following are present:

1) The involvement of the child was due to parental action or inaction;

2) The parent directed or ratified the involvement of the child;

3) The child acted as the parent's agent or servant; or

4) The child was entrusted a dangerous weapon or instrument.

RULE 11. Non-Implementation or Violation of Any Other Provision of this Act or the Rules and Regulations in General. — Section 10 of the Act provides the following violations and corresponding penalties for the non-implementation or violation of the Act, to wit:

RULE 11 (a). Maliciously Prevent, Prohibit, Refuse or Discontinue the Implementation of the Act. — Any public officer who shall knowingly and maliciously prevent, prohibit, refuse or discontinue the implementation of any provision of the Act or any of the Rules and Regulations found herein, or in any other way violate them if such officer has the duty to implement the Act, shall be punished by imprisonment of not less than six years (6) but not more than twelve (12) years and perpetual absolute disqualification from public office.

RULE 11 (b). Prevent, Prohibit, Refuse or Discontinue the Implementation of this Act by Other Means. —

Any public officer who shall prevent, prohibit, refuse or discontinue the implementation of the Act or any of the Rules and Regulations found herein, or in any way violate them by reason of inexcusable ignorance, shall suffer the penalty of imprisonment of not less than one (1) month but not more than six (6) months and temporary special disqualification from public office.

The public officer liable under Rule 11 (a) and Rule 11 (b), in addition to imprisonment and disqualification from office, shall also be held administratively liable under existing applicable laws.

RULE 11 (c). Any Other Acts that Prejudice the Rights of Children. —

Any person who shall deliberately commit any other act not covered in Section 9 of the Act and Rule 10 of these Rules and Regulations, which shall result in prejudicing the rights of children in situations of armed conflict shall suffer the imprisonment of not less than six (6) months but not more than six (6) years.

RULE 12. Forfeiture of Proceeds, Property and Assets. — The court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly, from the crimes defined and penalized in the Act, without prejudice to the rights of the bona fide third party. The court shall impose the corresponding accessory penalties under the Revised Penal Code, as amended, especially where the offender is a public officer.

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

RULE 13. Nonprescription. — The crimes defined and penalized under the Act, their prosecution and the execution of sentences imposed on their account shall not be subject to any prescription.

RULE 14. Irrelevance of Official Capacity. — The Act and the corresponding Rules and Regulations shall apply equally to all persons without any distinction based on official capacity. In no case shall the official capacity exempt a person from criminal responsibility or constitute a ground for reduction of sentence.

RULE 15. Responsibility of Superiors. — In addition to the grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible for such crimes committed by subordinates where:

a) The superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or were about to commit such crimes; or

b) The superior failed to take all necessary, legitimate and reasonable measures to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

RULE 16. Orders from a Superior. — The fact that a crime defined and penalized under this Act has been committed by a person pursuant to an order of a superior shall not relieve that person of criminal responsibility unless all of the following elements occur:

1. The person was under a legal obligation to obey orders of the superior in question;

2. The person did not know that the order was unlawful; and

3. The person acted under duress or coercion.

For purposes of this section, orders to commit grave child rights violations enumerated in Section 9 of the Act as well as Rule 10 of these Rules and Regulations are manifestly unlawful and shall be punished under this Act and other applicable existing laws.

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

RULE 18. Court, Prosecutors and Investigators. — The Family Courts shall have original and exclusive jurisdiction over the crimes punishable under the Act if committed by a child even if by the time the case reaches the Court said child is already above the age of majority.

The Commission on Human Rights (CHR), the Department of Justice (DOJ) and its attached agencies, the Philippine National Police (PNP) or other concerned law enforcement agencies shall designate prosecutors or investigators, as the case may be for cases involving crimes punishable under the Act.

The State shall ensure that judges, prosecutors, social workers and investigators designated for purposes of the Act, including the Armed Forces of the Philippines (AFP), Council for the Welfare of Children (CWC), Department of Social Welfare and Development (DSWD), Department of the Interior and Local Government (DILG), Department of Education (DepEd), and other relevant agencies receive effective training in international humanitarian law, human rights, and children's rights, particularly on the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children Involved in Armed Conflict and related international instruments, International Humanitarian Law, International Criminal Law and National Guidelines and Protocols on the Handling and Treatment of CIAC. This can be done in coordination with the Philippine Judicial Academy or other relevant experts. The prosecutors assigned to Family Courts should be the ones assigned to these cases.

RULE 19. Acts Committed by Children Involved in Armed Conflict (CIAC). — Children are not criminally liable for crimes they committed as children involved in armed conflict and shall be treated as victims in accordance to Section 7 of the Act. Provided that, when the acts committed are grave child rights violations as found in the Act or are committed not as a child involved in armed conflict then the provisions of Republic Act No. 9344 or the "Juvenile Justice and Welfare Act," as amended, applies.

Criminal responsibility can only be considered for children involved in armed conflict (CIAC) who committed grave child rights violations under Sec. 9 of the Act. Children who were indirectly involved and children affected by armed conflict (CAAC) should not be held criminally liable under this Act.

RULE 20. Protection of Children Involved in Armed Conflict. — The State shall ensure that all children should be accorded special protection. No child shall be jailed or imprisoned. Should detention or residential care be necessary or should commitment in a rehabilitation facility for youth be for his or her best interest, it should be at last resort, for the shortest appropriate period of time, and conditions should be regularly reviewed. Due consideration should be given to their right to child-specific due process and minimum standards based on their age, needs, and specific vulnerabilities, and with respect to internationally recognized juvenile justice and fair trial standards that prioritize the best interest of the child. These children should be treated as victims and the purpose of any sentence or program should be to rehabilitate and reintegrate the child into society.

Mere membership in armed forces or armed groups does not make a child criminally liable. Children formerly associated with armed groups should not be interrogated, detained, or prosecuted solely for their association or membership.

In the event that the child is interviewed, the State shall ensure that he or she shall be accompanied at all times by his or her parent/guardian, counsel, and a social worker.

RULE 21. Requirement and Procedures on Age Verification and Presumption of Minority. —

RULE 21 (a). Presumption of Minority. — The child involved in, affected by or displaced by armed conflict shall enjoy the presumption of minority and shall enjoy all the rights of a child recognized in the Act and other applicable laws unless such child is proven to be at least eighteen (18) years of age or older.

RULE 21 (b). Verification of a Child's Age. — The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent document such as but not limited to, the child's school records, medical records, travel papers, etc. In the absence of these documents, age may be based on information from the child, testimonies of other persons, the physical appearance of the child and other relevant evidence such as dental records. In case of doubt as to the age of the child, it shall be resolved in favor of the child being deemed a minor.

RULE 21 (c). Contesting the Age of a Child. — Any person contesting the age of the child prior to the filing of the Information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court in the area or the next nearest Family Court. The Family Court shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.

RULE 21 (d). Determining the Age of a Child Involved in a Pending Case. — If a case has been filed against the child and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.

RULE 21 (e). Exert All Efforts to Determine Age. — In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts to determine the age of the child involved in armed conflict.

RULE 22. Protection of Victims and Witnesses. — In addition to existing provisions in Philippine law for the protection of victims and witnesses, the following measures shall be undertaken:

1. The court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of child victims and witnesses. Pursuant thereto, the court shall give due regard to all relevant factors, including age, gender, and health, and the nature of the crime, particularly where the crime involves sexual or gender-based violence or violence against children;

2. The court shall protect the privacy of child victims and witnesses and observe confidentiality consistent with existing rules on examination of child victims and witnesses;

3. Where the personal interests of the child victims are affected, the court shall consider the child victim's views and concerns in accordance with established rules of procedure and evidence;

4. Where the disclosure of evidence or information may be prejudicial to the security of the child, witness or the family, the prosecution may withhold such evidence or information and instead submit a summary thereof consistent with the rights of the accused to a fair and impartial trial;

5. The court shall appoint an interpreter, facilitator, and/or guardian ad litem, as the need arises especially when the child has a or some disabilities; and

6. The court shall assign social workers necessary to do the case study and private trauma-informed care and other interventions, if necessary, after assessment of such social worker. For trauma-informed care and other interventions referrals may be made to appropriate agencies or organizations.

All feasible measures should be taken to protect the rights of child witnesses and victims who may be called upon to provide evidence of any sort against or on behalf of alleged perpetrators of crimes against them or others. In no circumstances should the provision of services or support be dependent on a child's full participation in justice mechanisms or any of the measures found in the Act or these Rules. Aside from the safeguards provided by the Supreme Court Rule on the Examination of Child Witnesses, all child witnesses shall be accompanied at all stages of the judicial processes by a trained support person responsible for conveying all relevant information to the child before, during, and after the proceedings.

RULE 23. Reparation to Victims. — In addition to existing provisions in Philippine law and procedural rules for reparations to victims, the following measures shall be undertaken:

1. The court shall follow the principles relating to the reparations to, or in respect of, child victims, including restitution, compensation and rehabilitation, taking into consideration the scope and extent of any damage, loss or injury suffered by child victims;

2. The court shall make an order directly against a convicted person specifying appropriate reparations to child victims, including restitutions, compensation and rehabilitation; and

3. Before making an order under this section, the court may invite and shall take account of representations from or on behalf of the convicted person, child victims or other interested persons.

The current guidelines of the Commission on Human Rights (CHR) and the Department of Justice (DOJ) should be referred to. Nothing in this Rule shall be interpreted to prejudice the rights of child victims under national or international law.

RULE 24. Immunity from Suit for Persons Providing Assistance. — Any person who shall take custody of children involved in armed conflict to ensure their safety or provide them any form of assistance shall be exempt from any civil, criminal and administrative liability: Provided, that the person taking custody shall report it to the Local Social Welfare and Development Office (LSWDO), the PNP or to the barangay office within forty-eight (48) hours from custody.

RULE 25. Rescue, Rehabilitation, and Reintegration. — The State shall institute policies, programs and services for the rescue, rehabilitation, and reintegration of children in situations of armed conflict.

This shall include the adoption of protection protocols for the service providers in the performance of their duties all throughout the rescue, rehabilitation, reintegration, and release of the CIAC.

Community-based interventions for the rehabilitation and re-integration of children should be established by Local Social Welfare and Development Offices and shall preferred over placement in facilities.

The programs, including the development of community-based mechanisms or interventions, which shall be provided by civilian local and national government agencies in partnership with non-government organizations, shall aim at providing services for children while involving their families, communities and other entities to facilitate the children's reintegration.

Services for children shall include psychosocial support, health (including mental health) and nutrition, education, livelihood for families and other basic or legal services, as may be necessary based on the careful assessment of the social worker considering the safety and protection of the child and his/her family.

Survivors of violence, especially gender-based violence such as rape and other forms of sexual violence shall have access to immediate life-saving interventions and shall be ensured of their safety, confidentiality, and respect and her/his right to informed consent with due respect to her/his religion and culture.

All children shall be provided with legal assistance and physical security upon rescue.

Any programs interventions shall be designed with due respect to culture of each child, family, and community. Regardless of the perceived association of the children to one of the sides of the conflict, they shall benefit from all available medical, psychosocial, legal, shelter and educational response mechanism services for the victims of armed conflict.

The State shall take into account the protocol in the rescue, rehabilitation and reintegration of children specified in Section 22 of the Act, as follows:

RULE 25 (a). Rescue. — The State shall provide for adequate measures and mechanisms to facilitate recovery, either voluntary or involuntary, of children from armed groups or government forces. It shall provide legal and physical security to children involved in armed conflict including services such as family tracing and system of referral or response on various psychosocial services needed by the victims.

RULE 25 (b). Rehabilitation. — The civilian national or local government agencies and civil society organizations shall facilitate the normal development of children victims in their post-involvement phase. An assessment shall be undertaken by the local social welfare and development officer to determine whether the child will be referred to residential care facilities or community-based mechanisms. It shall provide services including trauma-informed care, therapeutic counseling, security and protection, life skills training including values education, nationalism, patriotism and financial literacy, security and protection, educational assistance and livelihood opportunities to their parents, relatives or guardians or to the victims, if found necessary by the local social welfare and development officer.

RULE 25 (c). Reintegration. — The civilian national or local government agencies and civil society organizations shall bring children back to their families or communities whenever possible. This shall involve services including the provision of alternative parental care. Trainings aimed to enhance community readiness in the reintegration of these children shall also be undertaken. Processes to facilitate the reintegration, healing and reconciliation of CIAC with their communities shall also be undertaken. Whenever possible, interventions for children shall be done with respect to their opinion. Interventions for indigenous peoples (IPs) children shall be conducted in recognition of the traditional structures and institutions of their communities.

The local government units shall develop a barangay protocol in the handling of children in situations of armed conflict which shall encompasses rescue, rehabilitation, and integration.

RULE 26. Release of Children Involved in Armed Conflict. — The State shall take all feasible measures to ensure that children recruited or used in armed conflict are demobilized, dissociated or otherwise released from the government force or armed group.

RULE 26 (a). Duties of the State in Coordination with Other Stakeholders. — For purposes of the Act, release activities shall be initiated independent of any negotiated peace agreements. The State, through the Department of Social Welfare and Development and other concerned agencies, in coordination with other stakeholders shall have the following duties:

1) Develop a child-specific release program. This release program should not make as a requirement the surrender of arms by CIAC nor the divulging of information about an armed group;

2) Monitor and document the status of CIAC who undergo either a formal or informal release process;

3) Facilitate date and information sharing between government and nongovernment organizations to be informed and updated of the status of released CIAC and to assess and address their needs, with due regard to the right to privacy of CIAC, their security and safety, and considering the confidentiality of records;

4) Mobilize and strengthen networks for referrals and establish referral mechanism;

5) Provide free legal assistance to released CIAC ensuring that the legal needs of the former CIAC will be addressed, such as the prohibition of their association with any armed group or government force; and

6) Ensure the formal release of CIAC through various approaches such as advocacy of concerned groups, through the Government Peace Negotiating Panel (GPNP), and others; Provided, that in any release action, the best interest of the child shall be observed.

RULE 27. Rescued, Taken into Custody, or Surrendered Children Involved in Armed Conflict. — Where the CIAC have been rescued, taken into custody, or surrendered, they shall at all times be treated in a child-friendly and sensitive manner. The State, at all times, shall consider the safety and security of the CIAC, and ensure that they are not subjected to tactical interrogation, custodial investigation, or any similar forms of investigation, especially by the police and military. Children should be interviewed and not interrogated or investigated. The right of access to justice including free legal aid when filing cases against the perpetrators and preparing the proper defenses when they are the accused found in Rule 8 shall at all times be respected.

The following procedures shall apply without prejudice to the application of other existing laws that will uphold the best interests of the child.

RULE 27 (a). Identify of the CIAC. — The identity of the CIAC shall be protected. Any identifying information regarding them shall remain strictly confidential. Any unauthorized access or intentional breach shall be subjected to the penalties of Republic Act No. 10173, otherwise known as "The Data Privacy Act of 2012."

RULE 27 (b). Protection from Political Propaganda or Unnecessary Media Exposure. — Rescued CIAC shall not be used for any political propaganda nor be unnecessarily exposed to media in violation of child's right to privacy, security and confidentiality of their cases. Press conferences or media coverage, including social media, if necessary and in the child's best interest, shall be conducted in accordance with the Guidelines for Media Practitioners on the Reporting and Coverage of Cases Involving Children issued by the Department of Justice.

RULE 27 (c). Procedure after the Rescue or Surrender of the CIAC. — Upon the rescue or surrender of the CIAC, the following shall be followed:

1) Report the rescue to the appropriate agency. The AFP, PNP, Department of National Defense (DND), the local government units (LGUs), and other concerned government agencies or nongovernment organizations in possession of the CIAC shall report the rescue or the surrender of the child immediately within twenty-four (24) hours to the LSWDO (through the city or municipal social welfare and development office), Local Council for the Protection of Children (LCPC) and the Council for the Welfare of Children (CWC). The counting of the 24-hour period shall begin from the hour the agency or organization has the physical custody of the child. Considerations shall be given to the feasibility of the handover based on natural or man-made calamities or disasters;

2) Coordinate with Agency who has Custody of the Child. After the rescue or surrender is reported to the LSWDO or RC/SCCWC, such agency shall coordinate with the government agency or nongovernment organization in possession of the custody of the CIAC for the handover of the child to the Department of Social Welfare and Development (DSWD) for temporary shelter, if needed, to ensure that the CIAC is safe. However, if a particular LGU has a DSWD accredited center, the CIAC can temporarily stay there and the PNP or AFP can be called on to ensure the child's safety;

3) Handover of Custody to the LSWD. The handover to the LSWDO shall take place within twenty-four (24) hours or in cases where handover is not possible within the prescribed twenty-four (24)-hour period due to valid reasons and without the fault of the person having custody of the child, that handover shall be done within the next seventy-two (72) hours. Provided that, communication on the information of the custody of the child shall be transmitted immediately within the twenty-four (24)-hours. The counting of the twenty-four (24)-hour or seventy-two (72)-hour period shall begin from the hour the agency or organization has the physical custody of the child. Consideration shall be given to the feasibility of the handover based on exigent circumstances;

4) Family-tracing and Coordination with Family. The LSWDO where the child was rescued shall facilitate the family tracing and coordinate with parents, relatives, or guardians of the CIAC to inform them of the handover. If the child belongs to an Indigenous Peoples community, there should be coordination with his/her community;

5) Medical and Physical Assessment Services. The appropriate Local Health Office which refers to the concerned local government health units, in coordination with the LSWDO, shall check and assess the medical and physical condition of the CIAC. In cases where medical needs are apparent, the LHO shall ensure that medical services or treatment are received by the CIAC. Medical assistance may be provided by private-run clinics in the absence of public medical facilities;

6) Assistance from Government Agencies, including Legal Assistance and other Services. The LSWDO shall assess the needs of the CIAC and refer to concerned agencies to provide immediate culturally responsive, child-sensitive and multidisciplinary assistance or appropriate services for their physical, psychological and emotional recovery. These agencies may include the Department of Health (DOH), the Department of Education (DepEd), the Department of Agriculture (DA), the National Nutrition Council (NNC), or the National Anti-Poverty Commission (NAPC). Likewise, as provided in Section 23 of the Act, children who are released shall be given free legal assistance from the Public Attorney's Office or any other legal aid office either for the stoppage of filing charges, or the dismissal of pending cases;

7) Support for the Family. The LSWDO shall require the parents of the child in situations of armed conflict to undergo counseling or any other intervention that, in the opinion of the court, will advance the welfare and best interest of the child. Relevant government agencies should provide parent-effectiveness seminars and other social welfare and social protection interventions for parents and children to ensure family support, reintegration and rehabilitation, when necessary;

8) Child-specific Reintegration Programs. The LSWDO, in coordination with other agencies, shall enter the CIAC into the child-specific reintegration programs that are gender-, culture- and religion-sensitive; and,

9) Reintegration into the Community. The CIAC shall be reintegrated into the community and reunited with his or her family, or within a family or community setting where they can be adequately cared for and protected. In cases where reintegration to community of origin is not feasible for reasons of CIAC's security, a conflict-free foster community or institution shall be identified. This means the most suitable alternative family care in a conflict-free environment or residential care facility or arrangement. For other cases where children associated with government forces or armed groups remain with their family and community or maintain close ties, reintegration shall entail the reorientation of the children towards civilian life.

All local government units should endeavor to provide a social worker assigned to handle cases of children in situations of armed conflict. In the absence of a licensed social worker in the locality, persons with training in social work or child care shall be employed to assist under the supervision of the Local Social Welfare Officer.

RULE 28. Inter-Agency Committee on Children in Situations of Armed Conflict. — Pursuant to Section 25 of the Act, the Inter-Agency Committee on Children Involved in Armed Conflict (IAC-CIAC) created by Executive Order No. 138 shall now be known as the Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC). This inter-agency committee is created to effectively undertake the protection of the welfare of children in situations of armed conflict as well as the proper implementation of the Act.

RULE 28 (a). Composition of the Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC). — It shall be chaired by the CWC, with the following government organizations (GOs) as Member Agencies:

1) Armed Forces of the Philippines (AFP);

2) Commission on Human Rights (CHR);

3) Department of the Interior and Local Government (DILG);

4) Department of Health (DOH);

5) Department of Education (DepEd);

6) Department of Justice (DOJ);

7) Department of National Defense (DND);

8) Department of Social Welfare and Development (DSWD);

9) Local Government Units (LGUs);

10) National Commission on Indigenous Peoples (NCIP);

11) National Commission on Muslim Filipinos (NCMF);

12) Office of Civil Defense (OCD);

13) Office of the Presidential Adviser on the Peace Process (OPAPP);

14) Philippine Commission on Women (PCW);

15) Philippine National Police (PNP); and

16) Two (2) civil society organizations (CSOs) working in the same field.

During regular meetings, the IAC-CSAC may choose to invite other government and non-government agencies and organizations who they determine may be of assistance to the Committee.

RULE 28 (b). Selection of Civil Society Organizations. — The IAC-CSAC shall issue a public and open call for nominations and applications for the two (2) CSO representatives. The two (2) representatives shall be chosen by majority of the members of the IAC-CSAC. They shall serve for a term of three (3) years and can be re-elected consecutively once. The IAC-CSAC shall draft terms of reference (TOR) regarding this engagement.

RULE 28 (c). Qualification of Civil Society Organizations. — The civil society organizations (CSOs) who shall be part of the IAC-CSAC must be an organization that operates legitimately, specifically works toward the promotion and protection of the rights of children in situations of armed conflict and has existing programs for them. They should be SEC-registered and preferably licensed and accredited by the DSWD. They must be, in any way, recognized by at least one (1) government member of the IAC-CSAC as doing so. They must promote peace and non-violence. Should the chosen CSO, at any time, fail to meet these qualifications, they may be removed as a member of the IAC-CSAC upon majority vote of members given there is quorum. Any member may move for the removal or replacement of the CSO member only upon showing cause of its failure to meet qualifications.

RULE 28 (d). Designation of Representative to the IAC-CSAC. — The concerned office/department heads shall designate their representative to the IAC-CSAC. The heads shall name a permanent and an alternative representative in order to ensure representation in all IAC-CSAC meetings and decisions.

RULE 28 (e). Involvement of Civil Society Organizations. — In caring for children in situations of armed conflict, child-focused NGOs shall take active part in and continually strive to strengthen their programs and capabilities to deliver protection to the children in situations of armed conflict.

RULE 28 (f). Implementation of Programs of the IAC-CSAC. — For proper implementation of the Act, all GOs and NGOs including those identified herein shall provide their respective counterpart support including technical, logistical, and financial assistance relative to the implementation of programs, projects and activities for children in situations of armed conflict, in accordance with their mandate and in accordance with existing and auditing rules and regulations.

All programs should be participatory and should ensure the involvement of children, their communities, NGOs, faith-based organizations or groups, and other concerned groups.

RULE 29. General Functions of the IAC-CSAC. — The IAC-CSAC shall perform the following functions:

1. Ensure that international instruments such as the UNCRC, the optional protocol on the involvement of children in armed conflict and other related human rights treaties and international humanitarian law instruments are considered as actions taken;

2. Formulate guidelines and develop programs, in coordination with concerned agencies, for the handling of children involved in armed conflict and monitor or document cases of capture, surrender, arrest, rescue or recovery by government forces;

3. Conduct training on human rights and international humanitarian law applicable to CSAC training, advocacy and information campaigns and capability building of LGUs;

4. Implement a monitoring, reporting, and response system for grave child rights' violations in situations of armed conflict;

5. Develop and update its Inter-Agency Framework on CSAC. This will provide the standard then serve as a guide in the development of the Child-specific Reintegration Programs and its respective workplans;

6. Work closely with concerned agencies in coordinating and monitoring the implementation of the enhanced CSAC program framework;

7. Develop and implement an inter-agency assistance mechanism protocol that includes monitoring and sustainability program;

8. Develop a security protocol for respondents in coordination with both AFP and PNP;

9. Provide guidelines for the diff. gov't agencies to provide a list of those found in Rule 6 (e), particularly on what encompasses 'targeting for propaganda,' 'places of indigenous cultural importance' and 'learning spaces'; and,

10. Perform other functions as deemed necessary to fulfill its mandate under law.

RULE 30. The Inter-Agency Framework of the IAC-CSAC. — The IAC-CSAC shall update its Inter-Agency Framework on the implementation of the Act and these Rules. This will then serve as its workplan and progress against these targets would be reported as required in Sections 27 and 34 of the Act. The updating of the inter-agency framework of the IAC-CSAC shall be conducted annually.

The Inter-agency framework must include, but shall not be limited to, the following:

a) Plans, programs, and/or guidelines on prevention. These shall include parenting programs;

b) Plans, programs, and/or guidelines on rescue, rehabilitation, and reintegration; and,

c) A mandated review, update, or creation of each government agency's policies and protocols if in line with the Act and these Rules.

RULE 31. Duties and Responsibilities of the Member Agencies of the IAC-CSAC. — In order to fulfill the mandate of the IAC-CSAC to effectively undertake the protection of the welfare of children in situations of armed conflict as well as the proper implementation of the Act, each Member Agency shall have the following duties:

RULE 31 (a). Council for the Welfare of Children (CWC). — The CWC shall be the Chairperson of the IAC-CSAC and shall provide administrative supervision over the IAC-CSAC, including the preparation and submission of the annual report required by the Act as well as the development of a monitoring system and database of children in situations of armed conflict. It shall reintegrate the objectives of this Act in the formulation of its national policy and programs for children. The CWC shall continuously advocate against the use of children in armed conflict through their programs.

As Chair, the CWC shall call and preside over all regular and special meetings of the IAC-CSAC, represent the IAC-CSAC in conferences, meetings, and other programs. Pursuant to Section 34 of this Act, a Congressional Oversight Committee on Children in Situations of Armed Conflict will be formed. The CWC shall be one of the members of this committee. Pursuant to Section 27 of the Act, the CWC shall send an institutional strengthening proposal to the Department of Budget and Management to expand its present secretariat and to perform its functions relative to the Act.

In addition, the CWC shall have the following functions:

a) Operationalize the Monitoring Reporting and Responsive System (MRRS) at the national and local levels;

b) Lead in the enhancement of the CIAC Program Framework;

c) Coordinate and monitor the implementation of the Order, its implementing rules and regulations, and the enhanced CIAC Framework;

d) Lead in the development and implementation of an inter-agency action and communication plan on the prevention and response to grave child rights violations;

e) Conduct Monitoring, Reporting, and Responsive System (MRRS) capacity building activities for the LGUs and encourage them to re-echo the same in the Barangay Councils for the Protection of Children (BCPC);

f) Convene, through the CWC Secretariat, an inter-Agency Monitoring, Reporting and Response System on Grave Child Rights Violation in Situation of Armed Conflict (MRRS-GCRVSAC) Team;

g) Maintain a database on GCRVs, which shall include data collated by the MRRS-GCRVSAC Team on incidences and responses on GCRVs;

h) Initiate preparation of periodic MRRS reports for submission to the PHRC and the Country Task Force on Monitoring and Reporting (CTFMR) of the United Nations (UN); and

i) Serve as the spokesperson of IAC-CIAC to respond to media inquiries regarding GCRV.

The CWC Secretariat shall serve as the Committee Secretariat. It shall assist the Committee in the performance of its functions, namely:

(i) Coordinate and monitor, under the direction of the Committee, the implementation of the policies and guidelines promulgated by the Committee;

(ii) Establish, maintain, and manage a central database on CSAC, CIAC, and GCRV;

(iii) Provide secretariat, records keeping, and other services in the Committee; and

(iv) Perform such other functions as may be directed by the Committee.

RULE 31 (b). Armed Forces of the Philippines (AFP). — The AFP shall endeavor to protect all children in situations of armed conflict and advocate against the use of children in armed conflict. It shall review and update its internal procedures and guidelines in monitoring, reporting and responding to children in situations of armed conflict and grave child rights violations and ensure that these guidelines are properly cascaded and implemented across all ranks. Where members of the AFP have taken a child in situations of armed conflict in its custody, they shall treat the child in a child-friendly and sensitive manner without subjecting the child to tactical interrogation. It shall coordinate and report such custody to the proper agency and hand over the child to such agency. It shall update its UN-AFP Strategic Plan and coordinate with the Department of National Defense on the update of their guidelines on Child Protection during Armed Conflict Situation (CPDACS) according to the Act and these Rules.

In addition, the AFP shall:

a) Formulate and implement policies and guidelines on the prevention and response to GCRV (e.g., CPDACS);

b) Develop and institutionalize programs, projects, and activities to prevent and address GCRV among its ranks;

c) Report within twenty-four (24) hours or as soon as practicable:

1. the surrendered/rescued/recovered CIAC to the CWC; and,

2. cases of recruitment, killing, maiming, abduction, attacks on schools and hospitals, and denial of humanitarian access committed by armed groups.

d) Provide first aid treatment to children wounded during engagement and transport them to the nearest medical facility for treatment;

e) Transfer the surrendered/rescued/recovered CIAC for protective custody to the nearest DSWD Field Office; PNP; or Local Chief Executive of the Municipality, City, or Province immediately upon the surrender/rescue/recovery of CIAC. In cases where turnover is not possible within the prescribed 24-hour period due to valid reasons and without the fault of the person having the custody of the child, the turnover shall be done not more than but within the next seventy-two (72) hours;

f) Protect the CIAC from exposure to the media;

g) Inform the CIAC of their rights and ensure that such rights are protected as provided for in Section 15 of the Implementing Rules and Regulations of RA 7610;

h) Protect the CIAC from further exploitation and trauma (no tactical interrogation or any similar forms of investigation or use in military operation);

i) In interviewing CIAC, ensure the observance of child-friendly approaches and the presence of the child's legal guardian and/or the social worker;

j) Coordinate with DSWD/LGU in providing CIAC with subsistence and other basic needs while in custody;

k) Document the cases of CIAC while protecting their privacy, confidentiality of the case, their security and safety; and

l) Integrate children's rights in the training of military personnel.

RULE 31 (c). Commission on Human Rights (CHR). — The CHR shall strengthen its mechanisms on monitoring and investigating incidents or reports in relation to children in situations of armed conflict. It shall assist in developing and implementing advocacy activities to promote the rights of children in situations and armed conflict and conduct capacity-building activities on the provisions of the Act, especially to their regional offices. It shall issue a Handbook or Guideline on the monitoring of the rights of CSAC.

Pursuant to Section 34 of the Act, a Congressional Oversight Committee on Children in Situations of Armed Conflict will be formed. The CHR shall be one of the members of this committee.

In addition, the CHR shall:

a) Exercising its visitorial power, the CHR, upon being informed of the detention/arrest of a child shall visit him or her to determine the observance by the government agencies of the human rights of the child and to ensure the faithful observance by the law enforcement officers of the procedures in taking the child into custody as stated by law;

b) Conduct independent investigation, on its own or upon complaint by any party, of cases of violation and abuse of the rights of the CSAC, and recommend the filing of appropriate cases;

c) Conduct the human rights training component of this program;

d) Independently monitor the compliance of the concerned government agencies with the UNCRC and other related human rights treaties; and

e) Participate in the monitoring and evaluation of this program.

RULE 31 (d). Department of the Interior and Local Government (DILG). — The DILG shall establish guidelines pursuant to the Act in reporting, monitoring and handling children in situations of armed conflict within the department and its coordinating agencies such as the PNP and the LGUs. The DILG shall also provide technical assistance to these agencies to ensure effective implementation of the Act. It shall include, as a criterion to be a child-friendly LGU, the presence of programs in dealing with CSAC.

In addition, the DILG shall:

a) Conduct a systematic information dissemination and capacity building to the LGUs for further implementation of the Order and its implementing rules and regulations, and undertake the monitoring of the same;

b) Issue directives to the LGUs to institutionalize MRRS and increase public awareness regarding CSAC, GCRV, and MRRS;

c) Provide technical assistance to the LGUs in organizing the BCPCs and making them functional; and,

d) Issue directives to ensure compliance with the strict requirement pertaining to multiplier forces (i.e., Citizens Armed Forces Geographical Units (CAFGUs).

RULE 31 (e). Department of Health (DOH). — The DOH shall formulate and implement policies and guidelines to ensure the free and timely provision of medical services to children in situations of armed conflict, whether community-based or center-based, whichever is necessary. It shall develop and implement programs to promote the mental, psychological and overall physical wellbeing of children. The DOH shall, at all times, ensure that children are treated in a child-friendly and sensitive manner when they seek and receive medical attention both from public and private health facilities.

In addition, the DOH shall:

a) Formulate policies and guidelines on appropriate health related programs, projects, and activities for CSAC and victims of GCRVs;

b) Coordinate with concerned LGUs, Non-Government Organizations (NGOs), private health sector, and hospitals in the delivery of related health services;

c) Ensure that the victims of GCRVs are provided with free medical treatment/hospitalization in DOH health facilities; and

d) Assist the PNP, DSWD, and LGUs in ensuring that the child is provided with medical treatment, hospitalization, and medicines in accordance with existing programs and policies.

RULE 31 (f). Department of Education (DepEd). — The DepEd shall ensure that education is accessible even within or in areas surrounding armed conflict. It shall mainstream Peace Education with special reference to the UNCRC and the Optional Protocol on the involvement of children in armed conflict which shall be included in the curricula of formal and non-formal education settings. The DepEd shall also provide guidelines for providing educational assistance to children undergoing rehabilitation. It shall issue guidelines for the protection of learners, personnel, and schools in situations of armed conflict and to ensure that all schools and relevant agencies are made aware of this. It shall issue guidance on attacks on schools — how this can be prevented and the proper response. It shall issue guidelines against the possible militarization of schools.

In addition, the DepEd shall:

a) Formulate and implement policies and guidelines on appropriate education related programs, projects, and activities for CSAC;

b) Report to CWC cases of attacks on schools and their personnel and other GCRVs that they have encountered or know of;

c) Ensure access and availability of education for all children, especially in conflict-affected areas and during conflict situations, i.e., in evacuation centers;

d) Ensure educational opportunities for all children, including indigenous peoples; and,

e) Issue an updated guideline on the attacks on schools and definition of schools for the purposes of the Act and these rules.

RULE 31 (g). Department of Justice (DOJ). The DOJ shall formulate guidelines on handling cases of children in situations of armed conflict. It shall designate prosecutors or investigators, as the case may be, for cases involving crimes punishable under the Act. It should prioritize prosecuting those who unlawfully recruited and used the children instead of prosecution of children. The DOJ shall, at all times, ensure that children in situations of armed conflict are treated in a child-friendly and sensitive manner when they are interviewed or questioned in relation to any pending case or any other violation under this Act. It shall ensure that CSACs who are witnesses are properly enrolled in the application witness protection programs of the government.

In addition, the DOJ shall:

a) Ensure child sensitive handling of cases of CIAC and victims of GCRVs;

b) Extend legal assistance to CSAC and victims of GCRVs;

c) Prosecute perpetrators of GCRVs; and,

d) Take decisive and immediate action against persistent perpetrators of violations and abuses committed against CIAC and bring to justice those responsible for such violations that are prohibited under applicable law, including GCRV and the recruitment and use of children, with a view to ending impunity.

RULE 31 (h). Department of National Defense (DND). — The DND shall ensure the proper implementation of this Act and shall explore all feasible measures to promote and protect the rights of a child in situations of armed conflict. It shall exercise supervision over the Office of Civil Defense (OCD) in any rescue or surrender of CIAC. It shall review its Circular No. 01 on Child Protection During Armed Conflict Situations (CPDACS) and strengthen such guidelines by harmonizing with the provisions of the Act with a special focus on prevention. It shall review the said Circular to include specific guidelines on the rescue of CIAC, reporting, monitoring, and managing cases involving children in situations of armed conflict, including a procedure for the handover of the child to the proper government agency following the provisions of the Act.

In addition, the DND shall:

a) Provide guidance to the AFP and the OCD in handling rescued and/or surrendered children who are involved in armed conflict and resolve any policy questions regarding such matters;

b) Coordinate with concerned agencies in developing the capability of AFP units in the handling and treatment of children involved in armed conflict; and,

c) Involve bureaus and offices under the Department, other government offices, and civil society organizations as may be necessary.

RULE 31 (i). Department of Social Welfare and Development (DSWD). — The DSWD shall coordinate with government agencies or non-government organizations who have custody of a child in situations of armed conflict. It shall review, revise and enhance existing guidelines for handling cases involving children in situations of armed conflict from rescue to rehabilitation and reintegration. It shall also develop or update a system of referrals should there be a need of legal, medical or psychological services. The DSWD shall ensure that all LSWDOs are trained and capable to manage cases of children in situations of armed conflict in a child-friendly and sensitive manner. It shall come up with a Manual on the Rescue, Rehabilitation and Reintegration of CSACs nuanced to determine different treatment for children involved in armed conflict, children affected by armed conflict, or internally displaced children. It shall develop a CSAC referral pathway and develop the necessary flowcharts in relation to it. This shall be included in the updated IAC-CSAC Inter-Agency Framework.

Pursuant to Section 34 of the Act, a Congressional Oversight Committee on Children in Situations of Armed Conflict will be formed. The DSWD shall be one of the members of this committee.

In addition, the DSWD shall:

a) Formulate guidelines and policies on appropriate programs and projects for CSAC;

b) Monitor and provide technical assistance to DSWD Field Offices and City/Municipal Social Welfare and Development Offices (C/MSWDOs) and intermediaries based on the trainings provided by experts in managing and handling CIAC Cases and victims of GCRVs;

c) Provide temporary shelter/residential care/alternative parental care and other necessary intervention through referral system to the appropriate agencies;

d) In cases where CIAC are turned-over to DSWD by the AFP, immediately coordinate with the PNP for the latter to document the case;

e) Strengthen networking with LGUs, NGOs, and other intermediaries in response to the needs of CSAC and victims of GCRVs;

f) Develop and enrich programs for CIAC on prevention, rescue, protection, healing, recovery, and reintegration;

g) Provide and coordinate services designed to protect and rehabilitate children affected directly by armed conflict through its regional offices; and

h) Develop standards for and license/accredit NGOs providing services to CSACs.

RULE 31 (j). Local Government Units (LGUs). — The LGUs shall ensure that its Local Councils for the Protection of Children are operational and are able to respond to cases involving children in situations of armed conflict. The LGUs, under the supervision of the DILG, shall be capacitated to monitor the situation of children within their jurisdiction, especially in areas of conflict. The LGUs shall report the rescue or surrender of a child in situations of armed conflict in their custody to the proper agencies, following the provisions of the Act. The LGU shall also create reintegration programs through a Comprehensive Local Reintegration Plan for CIACs (CLRPC) which includes the preparation of the community for the return of the child.

RULE 31 (k). National Commissions on Indigenous Peoples (NCIP). — the NCIP shall coordinate with Member agencies to ensure that the rights of indigenous children in situations of armed conflict are protected. The NCIP shall have the duty to report the rescue and surrender of a child in situations of armed conflict to the proper agency. In line with this, the NCIP shall develop guidelines for this duty, in keeping with the provisions of the Act and these Rules. The NCIP shall ensure that Peace Education is included in transitional education settings or in informal information campaigns and advocacy programs.

This shall include issuance of official guidelines on the meaning and examples of 'places of indigenous cultural importance' as stated in Rule 6 (e).

RULE 31 (l). National Commission on Muslim Filipinos (NCMF). — The NCMF shall coordinate with Member agencies to ensure that the rights of Muslim children in situations of armed conflict are protected. The NCMF shall have the duty to report the rescue and surrender of a child in situations of armed conflict to the proper agency. In line with this, the NCMF shall develop guidelines for this duty, in keeping with the provisions of the Act and these Rules.

RULE 31 (m). Office of Civil Defense (OCD). — The OCD shall coordinate with Member agencies and other government agencies to ensure that the rights of children in situations of armed conflict are protected.

RULE 31 (n). Office of the Presidential Adviser on the Peace Process (OPAPP). — The OPAPP shall provide the overall peace perspective in the formulation of policies and development of peace-building programs and processes for Children in Situations of Armed Conflict (CSAC) coordinating with concerned agencies on the identification of priority conflict areas for purposes of program/service interventions. It shall also integrate child rights promotion and protection of rights of CSAC into the formulation of peace agreements and other peace-building programs and processes. Particularly for CIAC, OPAPP shall facilitate the development of a child-specific demobilization program in coordination with concerned agencies. This program will not require the show or surrender of firearms by CIAC whether or not they assumed combatant roles. In coordination with concerned agencies, OPAPP shall facilitate the implementation of programs and projects in the rehabilitation and reintegration of CSAC.

Pursuant to Section 34 of the Act, a Congressional Oversight Committee on Children in Situations of Armed Conflict will be formed. The OPAPP shall be one of the members of this committee.

In addition, the OPAPP shall:

a) Provide the overall peace perspective in the formulation of policies and development of programs for CSAC towards their implementation;

b) Integrate the promotion and protection of children's rights, especially of CSAC, into the peace negotiations and other peace-building programs and processes;

c) Coordinate with concerned agencies on the identification of priority conflict areas for purposes of program/service interventions;

d) Facilitate the development of a child-specific demobilization program in coordination with concerned agencies, which program shall not require the show or surrender of firearms by CIAC who have assumed non-combatant roles; and

e) Facilitate the implementation of programs and projects in the rehabilitation and reintegration of CIAC in coordination with concerned agencies.

RULE 31 (o). Philippine Commission on Women (PCW). — The PCW shall coordinate with Member agencies to ensure that the rights of children, especially girl children in situations of armed conflict are protected. The PCW shall continuously advocate for the rights of children in situations of armed conflict and assist in advocacy and information campaigns especially in relation to gender-based violence.

RULE 31 (p). Philippine National Police (PNP). — The PNP shall establish and/or review their guidelines on handling cases of children in situations of armed conflict especially when a child is rescued or surrenders. Where members of the PNP have taken a child in situations of armed conflict custody, they shall treat the child in a child-friendly and sensitive manner without subjecting the child to tactical interrogation. The PNP shall report the rescue or surrender of a child in situations of armed conflict and hand over the custody of such child to the proper agency within the prescribed period. The PNP shall also monitor children in situations of armed conflict and prepare an inventory of such children in their custody. The PNP shall also designate investigators for cases involving crimes punishable under the Act.

In addition, the PNP shall:

a) Report GCRV cases to CWC or the LSWDO within 24 hours from receipt of complaint or validated report. However, if reporting is not possible within twenty-four (24) hours, it shall be made as soon as possible but not later than seventy-two (72) hours. Consideration shall be given to delays due to exigent circumstances not attributable to the PNP;

b) Turn-over the CIAC to the nearest City/Municipal Social Welfare Development Office (C/MSWDO) within twenty-four hours (24) hours; in cases where turnover is not possible within the prescribed 24-hour period due to valid reasons and without the fault of the person having the custody of the child, the turnover shall be done not more than but within the next seventy-two (72) hours;

c) Ensure that CIAC and victims of GCRVs shall be given immediate and appropriate physical and medical examination;

d) Document cases of CIAC and victims of GCRVs transferred from AFP and ensure their immediate transfer to DSWD; if they originated from the AFP, the AFP shall ensure their immediate turnover to DSWD for immediate care and protection;

e) Ensure that the CIAC will be assisted by a competent and independent counsel, when necessary;

f) Ensure that the CSAC are handled with respect and are protected from further harm at all times; and,

g) Handle through the Women and Children Protection Desk (WCPD) Officer, all GCRV cases, and ensure that the child is accompanied by a legal guardian and/or a social worker during the interview process.

RULE 31 (q). Two (2) Civil Society Organizations Working in the Same Field. — The civil society organizations shall actively participate in the formulation and implementation of policies and programs in relation to this Act. They shall provide technical assistance such as capacity building activities for Member Agencies and other government agencies. The civil society organizations shall gather, consolidate and share information on children in situations of armed conflict including studies or data on best practices for rehabilitation and reintegration programs.

Child-focused NGOs are urged to further strengthen their programs on child protection, specifically to:

a) Report, monitor, and document incidents or cases of GCRVs;

b) Integrate child protection in emergencies in their awareness-raising activities;

c) Coordinate with concerned government agencies to deepen cooperation;

d) Complement their technical expertise, as may be necessary, with that of the government agencies on programs and activities concerning children; and

e) Align their responses to the principles of the UNCRC.

RULE 31 (r). Common Roles and Responsibilities of the Members of the Committee. — Consistent with their mandates, and in coordination with other Committee Members and other national government agencies, all member agencies shall have the following common roles and responsibilities:

a) Ensure participation of the private/business sector, NGOs, Civil Society Organizations (CSOs), Faith-Based Organizations (FBOs), People's Organizations (POs) and private volunteer organizations with services for children;

b) Ensure that actual funds, services, and/or activities shall be appropriated to program implementation from their annual Maintenance and Other Operating Expenses budget subject to the established accounting and auditing rules and regulations;

c) Formulate their respective guidelines complementary to the objectives of the Order and its implementing rules and regulations;

d) Enhance the CIAC Program Framework and integrate the same in their respective annual plans, programs, and projects consistent with their mandates, which shall be reviewed periodically by the IAC-CIAC to ensure policy and program synchronization;

e) Ensure commitment to support training opportunities that will develop the expertise of the duty bearers of each agency member in managing and handling CIAC cases; and,

f) Ensure the designation of a permanent representative to the Committee and his/her attendance to meetings and other IAC CIAC led activities.

RULE 32. Monitoring and Reporting System. — The State, through IAC-CSAC, shall ensure the implementation of the provisions of the Act and shall submit to the President and to Congress of the Philippines the annual report thereof. The IAC-CSAC, through the CWC, shall continue to maintain and strive to improve the database established by Executive Order No. 138 for the monitoring and reporting of children in situations of armed conflict. This system shall be called the Monitoring, Reporting, and Response System for Grave Child Rights Violations in Situations of Armed Conflict (MRRS-GCRVSAC). The monitoring system should have demographic data on children disaggregated by sex, age, disability and ethnicity, and other indicators as may be necessary.

The CWC may hire additional personnel to complement its present secretariat to perform its functions relative to the Act.

RULE 33. Dismissal of Criminal Cases. — Upon the effectivity of this Act, criminal cases against children involved in armed conflict shall immediately be dismissed and the child shall be referred to the LSWDO. The LSWDO, upon thorough assessment of the child, shall determine whether to release the child to the custody of the parents, or refer the child to prevention, rehabilitation and reintegration programs as provided under this Act. Those with suspended sentences and those undergoing rehabilitation at a youth rehabilitation center shall likewise be released. The Family Court shall, in consultation with concerned agencies, determine and order the appropriate prevention, rehabilitation and reintegration programs the person shall undergo as provided under this Act.

RULE 34. Inventory of Custody of Children in Situations of Armed Conflict. — Within ninety (90) days from the effectivity of the Act, the AFP, PNP, BJMP, DSWD, NCIP, NCMF and the concerned LGUs are hereby directed to submit to the CWC an inventory of all children in situations of armed conflict under their custody.

RULE 35. Children Who Reach the Age of Eighteen (18) Years Pending Court Proceedings or in Suspended Sentences. —

RULE 35 (a). Children Who Reach the Age of Eighteen (18) Years Pending Court Proceedings. — When a child involved in armed conflict with a pending case reaches the age of eighteen (18) years, the Family Court shall dismiss the case against the person and determine, in consultation with concerned agencies, whether or not there is a need for the person to undergo appropriate rehabilitation and reintegration programs provided under the Act.

RULE 35 (b). Children with Suspended Sentences or Undergoing Rehabilitation. — Children with suspended sentences and undergoing rehabilitation at youth rehabilitation centers shall likewise be released. The Family Court, in consultation concerned agencies, shall determine and order the appropriate rehabilitation and reintegration programs the person shall undergo as provided under the Act.

RULE 36. Children Who Have Been Convicted and are Serving Sentence. — Persons who committed a crime when they were below eighteen (18) years of age and have been convicted of such crime and are serving sentence at the time of the effectivity of the Act shall also benefit from the retroactive application of the Act. They shall be entitled to appropriate dispositions provided under the Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are so qualified under the Act or other applicable laws.

RULE 37. Appropriations. — The amount necessary to cover the initial implementation of the Act shall be charged against the current year's appropriations of the concerned implementing departments or agencies. Thereafter, the amount necessary for its continued implementation shall be included in the budgets of the concerned departments or agencies in the annual General Appropriations Act.

RULE 38. Congressional Oversight Committee on Children in Situations of Armed Conflict. — Pursuant to Section 34 of the Act, an oversight committee on CSAC shall be created and shall be composed of the chairpersons of the Committee on Children in the Senate and the House of Representatives, CWC, OPAPP, CHR, DSWD, and one (1) civil society organization representative. The civil society organization representative shall be determined by the aforementioned government agencies.

RULE 39. Suppletory Application. — For purposes of this Act, Act No. 3815, otherwise known as the Revised Penal Code, as amended, Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, Republic Act No. 7610, otherwise known as the Special Protection of Children against Abuse, Exploitation and Discrimination Act, Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003," Republic Act No. 9231 which amends Republic Act No. 7610 providing for the Elimination of the Worst Kinds of Child Labor, Republic Act No. 9851, otherwise known as the "Philippine Act on Crimes against International Humanitarian Law, Genocide, and Other Crimes Against Humanity," and Republic Act No. 10364, otherwise known as the "Expanded Anti-Trafficking in Persons Act of 2012," and other applicable laws shall have suppletory application.

RULE 40. Guidance from International Law. — Guidance on the implementation of this law may be sought from relevant international instruments that the Philippines has ratified. These are, but not limited to, namely: the 1949 Geneva Conventions on the protection of victims of international armed conflicts, the 1977 Additional Protocols to the 1949 Geneva Conventions (AP I and AP II), the 1959 Convention on the Rights of the Child (CRC), the 1998 Rome Statute of the International Criminal Court (RSCC), the 1999 Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts (OP); Provided, that in no way will any provision of this law be interpreted against the best interests of the child.

RULE 41. Separability Clause. — If any part or provision of this Act is declared invalid or unconstitutional, the other parts hereof not affected thereby shall remain valid.

RULE 42. Repealing Clause. — Article X, Sections 22 to 26 of Republic Act No. 7610, referring to Children in Situations of Armed Conflict, Executive Order No. 138, as well as all laws, acts, presidential decrees, executive orders, administrative orders, and rules and regulations inconsistent with or contrary to the provisions of the Act are deemed amended, modified, or repealed accordingly.

RULE 43. Effectivity. — These Rules and Regulations shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

(SGD.) MARY MITZI CAJAYON-UYExecutive Director

(SGD.) MENARDO I. GUEVARRASecretary

(SGD.) DR. LEONOR M. BRIONESSecretary

(SGD.) DELFIN NEGRILLO LORENZANASecretary

(SGD.) RICARDO B. JALADAdministrative, Office of Civil Defense

(SGD.) DR. FRANCISCO T. DUQUE III, MScSecretary

(SGD.) ROLANDO JOSELITO D. BAUTISTASecretary

(SGD.) EDUARDO M. AÑOSecretary

Signed by representativeChief

(SGD.) SAIDAMEN BALT PANGARUNGANSecretary

(SGD.) CARLITO G. GALVEZ JR.Secretary

(SGD.) GEN. BENJAMIN MADRIGAL, JR., AFPChief of Staff

(SGD.) ALLEN A. CAPUYANChairperson

(SGD.) JOSE LUIS MARTIN C. GASCONChairperson

(SGD.) EMMELINE I. VERZOSAExecutive Director

 

Footnotes

1. Note from the Publisher: Copied verbatim from the Philippine Daily Inquirer dated June 30, 2020. Missing Footnote Text.

2. Note from the Publisher: Copied verbatim from the Philippine Daily Inquirer dated June 30, 2020. Missing Footnote Text.

3. Note from the Publisher: Copied verbatim from the Philippine Daily Inquirer dated June 30, 2020. Missing Footnote Text.

4. Note from the Publisher: Copied verbatim from the Philippine Daily Inquirer dated June 30, 2020. Missing Footnote Text.

Published in the Philippine Daily Inquirer on June 30, 2020.