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Republic of the Philippines (d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the

f the United Nations Convention on the Rights of the Child, the State recognizes the
Congress of the Philippines right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be
Metro Manila treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account
the child's age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the
State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing
Thirteenth Congress
that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a
Second Regular Session
manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as
care, guidance and supervision orders, counseling, probation, foster care, education and vocational training
programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five. religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent
with the protection of the rights of children belonging to these communities.
Republic Act No. 9344
(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to
children in conflict with the law.
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions of this Act,
including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in conflict with the
law.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
TITLE I
GOVERNING PRINCIPLES
(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by him/her or
a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate
CHAPTER 1 security, property bond, cash deposit, or recognizance.
TITLE, POLICY AND DEFINITION OF TERMS

(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It shall congenial to the survival, protection and feelings of security of the child and most encouraging to the child's
cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation physical, psychological and emotional development. It also means the least detrimental available alternative for
and reintegration. safeguarding the growth and development of the child.

SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times: (e) "Child" refers to a person under the age of eighteen (18) years.

(a) The State recognizes the vital role of children and youth in nation building and shall promote and protect (d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because
their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and of personal, family and social circumstances, such as, but not limited to, the following:
nationalism, and encourage their involvement in public and civic affairs.

(1) being abused by any person through sexual, physical, psychological, mental, economic or any
(b) The State shall protect the best interests of the child through measures that will ensure the observance of other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the
international standards of child protection, especially those to which the Philippines is a party. Proceedings child;
before any authority shall be conducted in the best interest of the child and in a manner which allows the child
to participate and to express himself/herself freely. The participation of children in the program and policy
formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned (2) being exploited including sexually or economically;
government agency.
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian
(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and cannot be found;
special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to
their development. (4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;


(6) being a streetchild; (0) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal Code,
as amended.
(7) being a member of a gang;
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be
responsible for the appearance in court of the child in conflict with the law, when required.
(8) living in a community with a high level of criminality or drug abuse; and

(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum
(9) living in situations of armed conflict.
involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having be reintegrated into society. It also enhances public safety by activating the offender, the victim and the
committed an offense under Philippine laws. community in prevention strategies.

(f) "Community-based Programs" refers to the programs provided in a community setting developed for (r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience
reintegration into his/her family and/or community. and the like.

(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court. (s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local government
units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a child in other agencies or jurisdiction.
conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not
permitted to leave at will by order of any judicial or administrative authority.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD,
(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation
of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
services are provided under the guidance of a trained staff where residents are cared for under a structured
background without resorting to formal court proceedings. therapeutic environment with the end view of reintegrating them into their families and communities as socially
functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition
(j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo after of the charges against them.
he/she is found responsible for an offense without resorting to formal court proceedings.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict CHAPTER 2
with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in conflict with the law under
immediate custody. SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights,
including but not limited to:
(I) "Intervention" refers to a series of activities which are designed to address issues that caused the child to
commit an offense. It may take the form of an individualized treatment program which may include counseling, (a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-
social well-being.
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of
release;
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including programs and services for
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and
disposition of last resort, and which shall be for the shortest appropriate period of time;
development.

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the
which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be
Revised Penal Code, including a barangay tanod.
separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She
shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate
holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall
correspondence and visits, save in exceptional circumstances; enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age
of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the child himself/herself, testimonies of other
(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the
persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it
legality of the deprivation of his/her liberty before a court or other competent, independent and impartial
shall be resolved in his/her favor.
authority, and to a prompt decision on such action;

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate
(f) the right to bail and recognizance, in appropriate cases;
court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the
case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;
If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall
(h) the right to have his/her privacy respected fully at all stages of the proceedings; 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.
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all
efforts at determining the age of the child in conflict with the law.
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the
rights of the victim and the needs of society are all taken into consideration by the court, under the principle of
restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given
by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred TITLE II
as the more appropriate penalty; STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

(I) in general, the right to automatic suspension of sentence; SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is hereby
created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law; chaired by an undersecretary of the Department of Social Welfare and Development. It shall ensure the effective
implementation of this Act and coordination among the following agencies:

(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(a) Council for the Welfare of Children (CWC);

(o) other rights as provided for under existing laws, rules and regulations.
(b) Department of Education (DepEd);

The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice or "Beijing Rules", United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh (c) Department of the Interior and Local Government (DILG);
Guidelines", and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.
(d) Public Attorney's Office (PAO);
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention (e) Bureau of Corrections (BUCOR);
program pursuant to Section 20 of this Act.
(f) Parole and Probation Administration (PPA)
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act. (g) National Bureau of Investigation (NBI);

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be (h) Philippine National Police (PNP);.
enforced in accordance with existing laws.
(i) Bureau of Jail Management and Penology (BJMP);
(i) Commission on Human Rights (CHR); (e) To coordinate the implementation of the juvenile intervention programs and activities by national government
agencies and other activities which may have an important bearing on the success of the entire national juvenile
intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with
(k) Technical Education and Skills Development Authority (TESDA);
the JJWC;

(l) National Youth Commission (NYC); and


(f) To formulate and recommend policies and strategies in consultation with children for the prevention of
juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the
(m) Other institutions focused on juvenile justice and intervention programs. children in conflict with the law;

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the (g) To collect relevant information and conduct continuing research and support evaluations and studies on all
concerned heads of the following departments or agencies: matters relating to juvenile justice and welfare, such as but not limited to:

(a) Department of Justice (DOJ); (1) the performance and results achieved by juvenile intervention programs and by activities of the
local government units and other government agencies;
(b) Department of Social Welfare and Development (DSWD);
(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(c) Council for the Welfare of Children (CWC)
(3) the particular needs of children in conflict with the law in custody.
(d) Department of Education (DepEd);
The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and
welfare system.
(e) Department of the Interior and Local Government (DILG)

The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.
(f) Commission on Human Rights (CHR);

(h) Through duly designated persons and with the assistance of the agencies provided in the preceding section,
(g) National Youth Commission (NYC); and to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their
own initiative in order to check compliance with the standards provided herein and to make the necessary
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the other to be recommendations to appropriate agencies;
designated by the Secretary of Social Welfare and Development.
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice and the Secretary administration of the juvenile justice and welfare system and the juvenile intervention program;
of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC.
(j) To submit an annual report to the President on the implementation of this Act; and
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the
realization of its mandate and the proper discharge of its duties and functions, as herein provided. (k) To perform such other functions as may be necessary to implement the provisions of this Act.

SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions:
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies enumerated in Section
8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft policies and
(a) To oversee the implementation of this Act; procedures consistent with the standards set in the law. These policies and procedures shall be modified accordingly in
consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9
(d).
(b) To advise the President on all matters and policies relating to juvenile justice and welfare;

SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human Rights shall
(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the ensure that the status, rights and interests of children are upheld in accordance with the Constitution and international
formulation of new ones in line with the provisions of this Act; instruments on human rights. The CHR shall strengthen the monitoring of government compliance of all treaty obligations,
including the timely and regular submission of reports before the treaty bodies, as well as the implementation and
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the dissemination of recommendations and conclusions by government agencies as well as NGOs and civil society.
participation of government agencies concerned, NGOs and youth organizations;
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive juvenile intervention
program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level.

TITLE III The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their
PREVENTION OF JUVENILE DELINQUENCY annual budget.

CHAPTER 1 The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused institutions,
THE ROLE OF THE DIFFERENT SECTORS NGOs, people's organizations, educational institutions and government agencies involved in delinquency prevention to
participate in the planning process and implementation of juvenile intervention programs. Such programs shall be
implemented consistent with the national program formulated and designed by the JJWC. The implementation of the
SEC. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children which is critical in comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with
delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a child in conflict with the the LCPC. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later
law shall be maintained in his/her family. than March 30 of every year.

SEC. 13. The Educational System. - Educational institutions shall work together with families, community organizations SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based programs on juvenile
and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and other concerned
the law. Schools shall provide adequate, necessary and individualized educational schemes for children manifesting agencies. The LGUs shall provide community-based services which respond to the special needs, problems, interests and
difficult behavior and children in conflict with the law. In cases where children in conflict with the law are taken into custody concerns of children and which offer appropriate counseling and guidance to them and their families. These programs
or detained in rehabilitation centers, they should be provided the opportunity to continue learning under an alternative shall consist of three levels:
learning system with basic literacy program or non- formal education accreditation equivalency system.

(a) Primary intervention includes general measures to promote social justice and equal opportunity, which
SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of child rights, and tackle perceived root causes of offending;
delinquency prevention by relaying consistent messages through a balanced approach. Media practitioners shall,
therefore, have the duty to maintain the highest critical and professional standards in reporting and covering cases of
children in conflict with the law. In all publicity concerning children, the best interest of the child should be the primordial (b) Secondary intervention includes measures to assist children at risk; and
and paramount concern. Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict
with the law is hereby declared a violation of the child's rights. (c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and
other measures to prevent re-offending.
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. - Local Councils for the
Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been
established, they shall be strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC shall
be chosen from among the responsible members of the community, including a representative from the youth sector, as
well as representatives from government and private agencies concerned with the welfare of children.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a
comprehensive plan on delinquency prevention, and to oversee its proper implementation.
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into
custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be allocated for the
immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest
strengthening and implementation of the programs of the LCPC: Provided, That the disbursement of the fund shall be
relative. Said authority shall give notice to the local social welfare and development officer who will determine the
made by the LGU concerned.
appropriate programs in consultation with the child and to the person having custody over the child. If the parents,
guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a duly licensed following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay
social worker as its local social welfare and development officer tasked to assist children in conflict with the law. Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where
appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office
to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the
program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and
formulation and implementation of juvenile intervention and diversion programs in the community.
Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".

CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
TITLE V 2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the
JUVENILE JUSTICE AND WELFARE SYSTEM apprehension and the details thereof; and

CHAPTER I 3. The exhaustion of measures to determine the age of a child and the precise details of the physical
INITIAL CONTACT WITH THE CHILD and medical examination or the failure to submit a child to such examination; and

SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the law (m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents
enforcement officer shall: or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement.

(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be
placed under custody and the offense that he/she allegedly committed; locked up in a detention cell.

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine
language or dialect understood by him/her; where the case involving the child in conflict with the law should be referred.

(e) Properly identify himself/herself and present proper identification to the child; The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or
in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as
the case may be; and (3) the local social welfare and development officer. In the absence of the child's parents, guardian,
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual
or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the
advances on the child in conflict with the law;
presence of a representative of an NGO, religious group, or member of the BCPC.

(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless
After the initial investigation, the local social worker conducting the same may do either of the following:
absolutely necessary and only after all other methods of control have been exhausted and have failed;

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her
below eighteen (18) years old, who acted without discernment; and
apprehension;

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed
(g) Avoid violence or unnecessary force;
to diversion under the following chapter.

(h) Determine the age of the child pursuant to Section 7 of this Act;
CHAPTER 2
DIVERSION
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social
Welfare and Development Office or other accredited NGOs, and notify the child's apprehension. The social
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without undergoing
welfare and development officer shall explain to the child and the child's parents/guardians the consequences of
court proceedings subject to the conditions herein provided:
the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law
enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer
(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental
or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where
examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court.
appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with
Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same;
a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The
child and his/her family shall be present in these activities.
(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in
quarters separate from that of the opposite sex and adult offenders;
(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local
social welfare and development officer shall meet with the child and his/her parents or guardians for the
(l) Record the following in the initial investigation: development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such; (c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court.
SEC. 24. Stages Where Diversion May be Conducted.- Diversion may be conducted at the Katarungang Pambarangay, (d) The influence of the family and environment on the growth of the child;
the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings
including judicial level.
(e) The reparation of injury to the victim;

SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo conferencing, mediation
(f) The weight of the evidence against the child;
or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be
entered into during such conferencing, mediation or conciliation proceedings.
(g) The safety of the community; and
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child voluntarily admits the
commission of the act, a diversion program shall be developed when appropriate and desirable as determined under (h) The best interest of the child.
Section 30. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative
proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the individual characteristics and
shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and
development officer shall supervise the implementation of the diversion program. The diversion proceedings shall be the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment.
completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion of
the diversion proceedings but not to exceed forty-five (45) days. The following factors shall be considered in formulating a diversion program for the child:

The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a (a) The child's feelings of remorse for the offense he/she committed;
month for reporting and evaluation of the effectiveness of the program.
(b) The parents' or legal guardians' ability to guide and supervise the child;
Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and
development officer, shall give the offended party the option to institute the appropriate legal action.
(c) The victim's view about the propriety of the measures to be imposed; and

The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not
exceeding a period of two (2) years. (d) The availability of community-based programs for rehabilitation and reintegration of the child.

SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall under Section 23(a) SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate socio-cultural and psychological
and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the responses and services for the child. At the different stages where diversion may be resorted to, the following diversion
case shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the programs may be agreed upon, such as, but not limited to:
diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer,
prosecutor or the appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying to (a) At the level of the Punong Barangay:
the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process.
(1) Restitution of property;
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not fall under
Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Women and Children
Protection Desk of the PNP, or other law enforcement officer handling the case of the child under custody, to the (2) Reparation of the damage caused;
prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the
child should remain under custody and correspondingly charged in court. The document transmitting said records shall (3) Indemnification for consequential damages;
display the word "CHILD" in bold letters.
(4) Written or oral apology;
SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is appropriate and desirable,
the following factors shall be taken into consideration:
(5) Care, guidance and supervision orders;

(a) The nature and circumstances of the offense charged;


(6) Counseling for the child in conflict with the law and the child's family;

(b) The frequency and the severity of the act;


(7)Attendance in trainings, seminars and lectures on:

(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills; Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family
Court within forty-five (45) days from the start of the preliminary investigation.
(iii) values formation; and
CHAPTER 4
COURT PROCEEDINGS
(iv) other skills which will aid the child in dealing with situations which can lead to repetition
of the offense;
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall
be considered.
(8) Participation in available community-based programs, including community service; or

SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(9) Participation in education, vocation and life skills programs.

(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) At the level of the law enforcement officer and the prosecutor:

(b) the release of the child in conflict with the law on bail; or
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
(c) At the level of the appropriate court:

SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on bail or
(1) Diversion programs specified under paragraphs(a)and (b) above;
recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and whenever possible,
detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement
(2) Written or oral reprimand or citation; with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used
only as a measure of last resort and for the shortest possible period of time.
(3) Fine:
Whenever detention is necessary, a child will always be detained in youth detention homes established by local
governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.
(4) Payment of the cost of the proceedings; or

In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or
(5) Institutional care and custody. a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the
court. The center or agency concerned shall be responsible for the child's appearance in court whenever required.
CHAPTER 3
PROSECUTION SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which the child in
conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct inquest, preliminary regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or
investigation and prosecution of cases involving a child in conflict with the law. If there is an allegation of torture or ill- not diversion is appropriate.
treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate
the same. SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of
the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a preliminary liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of
investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when conviction, the court shall place the child in conflict with the law under suspended sentence, without need of
the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen
considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not years (18) of age or more at the time of the pronouncement of his/her guilt.
appropriate for the child in conflict with the law.
Upon suspension of sentence and after considering the various chcumstances of the child, the court shall impose the
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office of such appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
service, as well as the personal information, and place of detention of the child in conflict with the law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker who has TITLE VI
custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against REHABILITATION AND REINTEGRATION
whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective
of the disposition measures have been fulfilled.
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and reintegration of children in
conflict with the law is to provide them with interventions, approaches and strategies that will enable them to improve their
The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the social functioning with the end goal of reintegration to their families and as productive members of their communities.
offense, which shall be enforced in accordance with law.
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility without a valid order
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the disposition issued by the court after a hearing for the purpose. The details of this order shall be immediately entered in a register
measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has exclusively for children in conflict with the law. No child shall be admitted in any facility where there is no such register.
willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law
shall be brought before the court for execution of judgment.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall be mandatory that children
shall be separated from adults unless they are members of the same family. Under no other circumstance shall a child in
If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court conflict with the law be placed in the same confinement as adults.
shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the
suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.
The rehabilitation, training or confinement area of children in conflict with the law shall provide a home environment where
children in conflict with the law can be provided with quality counseling and treatment.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of his/her
sentence with the full time spent in actual commitment and detention under this Act.
SEC. 47. Female Children. - Female children in conflict with the law placed in an institution shall be given special
attention as to their personal needs and problems. They shall be handled by female doctors, correction officers and social
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted and sentenced a workers, and shall be accommodated separately from male children in conflict with the law.
child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her
sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968,
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall handle children in
otherwise known as the "Probation Law of 1976", is hereby amended accordingly.
conflict with the law without having undergone gender sensitivity training.

CHAPTER 5
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build youth detention
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
homes as mandated by the Family Courts Act. Youth detention homes may also be established by private and NGOs
licensed and accredited by the DSWD, in consultation with the JJWC.
SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in conflict with
the law from initial contact until final disposition of the case shall be considered privileged and confidential. The public
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses for the care and maintenance of
shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of
a child in conflict with the law under institutional care shall be borne by his/her parents or those persons liable to support
the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child in conflict
him/her: Provided, That in case his/her parents or those persons liable to support him/her cannot pay all or part of said
with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to
expenses, the municipality where the offense was committed shall pay one-third (1/3) of said expenses or part thereof; the
enforce the civil liability imposed in the criminal action.
province to which the municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the
national government. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a chartered city cannot pay
The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non- said expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the
disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law settlement of said obligations: Provided, further, That in the event that the child in conflict with the law is not a resident of
and adopting a system of coding to conceal material information which will lead to the child's identity. Records of a child in the municipality/city where the offense was committed, the court, upon its determination, may require the city/municipality
conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult, where the child in conflict with the law resides to shoulder the cost.
except when beneficial for the offender and upon his/her written consent.
All city and provincial governments must exert effort for the immediate establishment of local detention homes for children
A person who has been in conflict with the law as a child shall not be held under any provision of law, to be guilty of in conflict with the law.
perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made to him/her for any purpose.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A child

in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of
confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established,
maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the law, whose sentences are (b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the support
suspended may, upon order of the court, undergo any or a combination of disposition measures best suited to the system fostered by their relationship and to create greater awareness of their mutual and reciprocal
rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. responsibilities;

If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be released to parents, (c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage community
guardians, relatives or any other responsible person in the community. Under the supervision and guidance of the local support and involvement; and
social welfare and development officer, and in coordination with his/her parents/guardian, the child in conflict with the law
shall participate in community-based programs, which shall include, but not limited to:
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.

(1) Competency and life skills development;


SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-based programs that will
focus on the rehabilitation and reintegration of the child. All programs shall meet the criteria to be established by the
(2) Socio-cultural and recreational activities; JJWC which shall take into account the purpose of the program, the need for the consent of the child and his/her parents
or legal guardians, and the participation of the child-centered agencies whether public or private.
(3) Community volunteer projects;
SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in conflict with the law whose
cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social
(4) Leadership training;
worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services by the local social
welfare and development officer for a period of at least six (6) months. The service includes counseling and other
(5) Social services; community-based services designed to facilitate social reintegration, prevent re-offending and make the children
productive members of the community.
(6) Homelife services;

(7) Health services; .

(8) Spiritual enrichment; and TITLE VII


GENERAL PROVISIONS

(9) Community and family welfare services.


CHAPTER 1
EXEMPTING PROVISIONS
In accordance therewith, the family of the child in conflict with the law shall endeavor to actively participate in the
community-based rehabilitation.
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an adult shall not be
considered an offense and shall not be punished if committed by a child.
Based on the progress of the youth in the community, a final report will be forwarded by the local social welfare and
development officer to the court for final disposition of the case.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt from
prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under
If the community-based programs are provided as diversion measures under Chapter II, Title V, the programs enumerated Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being
above shall be made available to the child in conflict with the law. inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program.
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group care, treatment and
rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal Code, as amended,
environment with the end view of reintegrating them in their families and communities as socially functioning individuals. A Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and other special laws
quarterly report shall be submitted by the center to the proper court on the progress of the children in conflict with the law. notwithstanding, no death penalty shall be imposed upon children in conflict with the law.
Based on the progress of the youth in the center, a final report will be forwarded to the court for final disposition of the
case. The DSWD shall establish youth rehabilitation centers in each region of the country.
CHAPTER 2
PROHIBITED ACTS
SEC. 54. Objectives of Community Based Programs.- The objectives of community-based programs are as follows:
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning from the initial
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case he/she contact with the child, the competent authorities must refrain from branding or labeling children as young criminals,
is studying, working or attending vocational learning institutions;
juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no the child shall be referred to the appropriate local social welfare and development officer. Such officer, upon thorough
discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. assessment of the child, shall determine whether to release the child to the custody of his/her parents, or refer the child to
prevention programs as provided under this Act. Those with suspended sentences and undergoing rehabilitation at the
youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in
conflict with the law and therefore, prohibited: SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the Family Court shall also determine
whether or not continued detention is necessary and, if not, determine appropriate alternatives for detention.
(a) Employment of threats of whatever kind and nature;
If detention is necessary and he/she is detained with adults, the court shall immediately order the transfer of the child to a
youth detention home.
(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary
confinement;
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. - The PNP, the BJMP and the
BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of this Act, an inventory of
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring
all children in conflict with the law under their custody.
irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to
walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and
dignity; and SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings.- If a child
reaches the age of eighteen (18) years pending diversion and court proceedings, the appropriate diversion authority in
consultation with the local social welfare and development officer or the Family Court in consultation with the Social
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances.
Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the appropriate
disposition. In case the appropriate court executes the judgment of conviction, and unless the child in conflict the law has
CHAPTER 3 already availed of probation under Presidential Decree No. 603 or other similar laws, the child may apply for probation if
PENAL PROVISION qualified under the provisions of the Probation Law.

SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any person who violates any SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who have been convicted and are
provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon conviction for each act or serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years at the time
omission, be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand the commission of the offense for which they were convicted and are serving sentence, shall likewise benefit from the
pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten (10) years, or both such retroactive application of this Act. They shall be entitled to appropriate dispositions provided under this Act and their
fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or sentences shall be adjusted accordingly. They shall be immediately released if they are so qualified under this Act or
special laws. If the offender is a public officer or employee, he/she shall, in addition to such fine and/or imprisonment, be other applicable law.
held administratively liable and shall suffer the penalty of perpetual absolute disqualification.

CHAPTER 4
APPROPRIATION PROVISION
TITLE IX
SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be charged to FINAL PROVISIONS
the Office of the President. Thereafter, such sums as may be necessary for the continued implementation of this Act shall
be included in the succeeding General Appropriations Act.
SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation of the provisions of this act within
ninety (90) days from the effectivity thereof.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be taken from the
proceeds of the Philippine Charity Sweepstakes Office.
SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared unconstitutional or
invalid by the Supreme Court, the other sections or provisions hereof not dfected by such declaration shall remain in force
and effect.

SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof inconsistent with
TITLE VIII the provisions of this Act are hereby repealed or modified accordingly.
TRANSITORY PROVISIONS
SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in at least two (2) national
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this Act, cases of newspapers of general circulation.
children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and
Section 2. Declaration of State Policy and Principles.– It is hereby declared to be the policy of the State to provide
special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions,
prejudicial their development; provide sanctions for their commission and carry out a program for prevention and
deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene
Approved, on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the
FRANKLIN DRILON JOSE DE VENECIA JR. said parent, guardian, teacher or person having care and custody of the same.1awphi1@alf
President of the Senate Speaker of the House of Representatives
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances
This Act which is a consolidation of Senate Bill No. 1402 and House Bill No. 5065 was finally passed by the Senate and which affect or will affect their survival and normal development and over which they have no control.
the House of Representatives on March 22, 2006.
The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by
OSCAR G. YABES ROBERTO P. NAZARENO public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with
Secretary of Senate Secretary General the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every
House of Represenatives effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.

Approved: April 28, 2006 Section 3. Definition of Terms. –

GLORIA MACAPAGAL-ARROYO (a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care
President of the Philippines of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
The Lawphil Project - Arellano Law Foundation

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

Republic of the Philippines (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of
Congress of the Philippines a child as a human being;
Metro Manila
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
Ninth Congress
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of
his growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
Republic Act No. 7610 June 17, 1992 include, but are not limited to, the following;

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, (1) Being in a community where there is armed conflict or being affected by armed conflict-related
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES activities;

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;

ARTICLE I
Title, Policy, Principles and Definitions of Terms (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents
or a guardian or basic services needed for a good quality of life;

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and
Discrimination Act."
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic other similar means;
services needed for a good quality of life;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(5) Being a victim of a man-made or natural disaster or calamity; or
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage
such child in prostitution.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the
(1) Child Prostitution and other sexual abuse; perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the
penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in
(2) Child trafficking;
its medium period; and

(3) Obscene publications and indecent shows;


(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where
the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving
(4) Other acts of abuses; and as a cover or which engages in prostitution in addition to the activity for which the license has been issued to
said establishment.
(5) Circumstances which threaten or endanger the survival and normal development of
children.1awphi1Ÿ Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5,
paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle
ARTICLE II
or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child
Program on Child Abuse, Exploitation and Discrimination
is about to be exploited in prostitution and other sexual abuse.

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is
Department of Justice and the Department of Social Welfare and Development in coordination with other government receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A
agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child
penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be
prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case,
circumstances which endanger child survival and normal development. under the Revised Penal Code.

ARTICLE III ARTICLE IV


Child Prostitution and Other Sexual Abuse Child Trafficking

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not
any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the
or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim
is under twelve (12) years of age.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, Act:1awphi1@alf
the following:
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by
(1) Acting as a procurer of a child prostitute; the Department of Social Welfare and Development or written permit or justification from the child's parents or
legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the
for the purpose of child trafficking; or perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental
authority over the minor.
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
person to take along with him to such place or places any minor herein described shall be imposed a penalty of
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child
prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of
trafficking.
the license to operate such a place or establishment.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
upon the principals of the attempt to commit child trafficking under this Act.

(1) Beg or use begging as a means of living;


ARTICLE V
Obscene Publications and Indecent Shows
(2) Act as conduit or middlemen in drug trafficking or pushing; or
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or
coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene (3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in reclusion perpetua.
its medium period.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other
imposed in its maximum period. intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under
twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act
No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such
consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher
child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this
than that imposed by law when the victim is under twelve (12) years age.
section shall suffer the penalty of prision mayor in its medium period.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and
ARTICLE VI
Development.
Other Acts of Abuse

ARTICLE VII
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Sanctions for Establishments or Enterprises
Development. –

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent
other conditions prejudicial to the child's development including those covered by Article 59 of Presidential
Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child prostitution and
Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the
other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be
penalty of prision mayor in its minimum period.
immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof
being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension and Development for such period which shall not be less than one (1) year, as the Department may determine. The
house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of unauthorized removal of such sign shall be punishable by prision correccional.
prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That
this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking,
any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal
obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises
duty.
of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a
sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists;
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said
company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium
services include any lascivious conduct with the customers; or solicits children or activities constituting the ARTICLE IX
aforementioned acts shall be deemed to have committed the acts penalized herein. Children of Indigenous Cultural Communities

ARTICLE VIII Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act and
Working Children other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development
consistent with the customs and traditions of their respective communities.
Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:
Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop and
institute an alternative system of education for children of indigenous cultural communities which culture-specific and
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only
relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports
members of the employer's family are employed: Provided, however, That his employment neither endangers
shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government
his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or
organizations in said communities.
legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigenous
(2) When a child's employment or participation in public & entertainment or information through cinema, theater,
cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institution
radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian,
shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and
with the express agreement of the child concerned, if possible, and the approval of the Department of Labor
nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and
and Employment: Provided, That the following requirements in all instances are strictly complied with:
recognized.

(a) The employer shall ensure the protection, health, safety and morals of the child;
Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms of
discrimination.
(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account
the system and level of remuneration, and the duration and arrangement of working time; and;
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in
its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).
(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representatives
shall be involved in planning, decision-making implementation, and evaluation of all government programs affecting
In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging children of indigenous cultural communities. Indigenous institution shall also be recognized and respected.
such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above
requirement.
ARTICLE X
Children in Situations of Armed Conflict
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation
of this Section.
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of
Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall children as zones of peace. To attain this objective, the following policies shall be observed.
promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected
course design shall integrate the learning process deemed most effective under given circumstances.
from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ child
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units
models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;
byproducts and violence.

(c) Delivery of basic social services such as education, primary health and emergency relief services shall be
Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of
kept unhampered;
Presidential Decree No. 603.

(d) The safety and protection of those who provide services including those involved in fact-finding missions
Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not
from both government and non-government institutions shall be ensured. They shall not be subjected to undue
less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less
harassment in the performance of their work;
than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of
repeated violations of the provisions of this Article, the offender's license to operate shall be revoked.
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military ARTICLE XI
purposes such as command posts, barracks, detachments, and supply depots; and Remedial Procedures

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as
conflict. enumerated herein may be filed by the following:

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a (a) Offended party;
result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of
children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by
(b) Parents or guardians;
persons responsible for their safety and well-being.

(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC


Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed in
the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal
family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in (d) Officer, social worker or representative of a licensed child-caring institution;
proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise,
sports and outdoor games.
(e) Officer or social worker of the Department of Social Welfare and Development;

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested
for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights; (f) Barangay chairman; or

(a) Separate detention from adults except where families are accommodated as family units; (g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective
(b) Immediate free legal assistance;
custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the
regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from
(c) Immediate notice of such arrest to the parents or guardians of the child; and any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential
Decree No. 603.
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of
Social Welfare and Development or any responsible member of the community as determined by the court. Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the
court acquires jurisdiction over the case.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts
charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer
However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause
such child to the custody or care of the Department of Social Welfare and Development or to any training institution undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and
operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached suffering of the offended party.Lawphi1@alf
eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare and Development or the agency or responsible individual under
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the
whose care he has been committed.
judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and
Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it
may prescribe. cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the
hearing or disposition of cases involving violations of this Act.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals
ARTICLE XII
in criminal cases.
Common Penal Provisions

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barangay
Section 31. Common Penal Provisions. –
affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare
and development officer within twenty-four (24) hours from the occurrence of the armed conflict.
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act; The Lawphil Project - Arellano Law FoundationRepublic of the Philippines
Congress of the Philippines
Metro Manila
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
Twelfth Congress
Third Regular Session
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant,
parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a
manager or owner of an establishment which has no license to operate or its license has expired or has been
revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.
barred from entry to the country;
Republic Act No. 9262 March 08, 2004
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer
or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then
the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
and
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".
member of his family if the latter is the perpetrator of the offense.
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and
ARTICLE XIII guarantees full respect for human rights. The State also recognizes the need to protect the family and its members
Final Provisions particularly women and children, from violence and threats to their personal safety and security.

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in coordination Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with
with the Department of Social Welfare and Development, shall promulgate rules and regulations of the effective the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human
implementation of this Act. Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the
Child and other international human rights instruments of which the Philippines is a party.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.
SECTION 3. Definition of Terms.- As used in this Act,
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be
appropriated in the General Appropriations Act of the year following its enactment into law and thereafter. (a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or
Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate,
provisions not affected thereby shall continue in full force and effect. within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts:
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby
repealed or modified accordingly.
A. "Physical Violence" refers to acts that include bodily or physical harm;

Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2) national
newspapers of general circulation. B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:

Approved: June 17, 1992.lawphi1Ÿ


a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent acts and/or make films thereof, (g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
forcing the wife and mistress/lover to live in the conjugal home or sleep together in the Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD
same room with the abuser; for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.
b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion; (h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.
c) Prostituting the woman or child.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
against women and their children.
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual or psychological abuse of a member of the SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their
family to which the victim belongs, or to witness pornography in any form or to witness abusive injury children is committed through any of the following acts:
to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.
(a) Causing physical harm to the woman or her child;

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
(b) Threatening to cause the woman or her child physical harm;
which includes, but is not limited to the following:

(c) Attempting to cause the woman or her child physical harm;


1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the (d) Placing the woman or her child in fear of imminent physical harm;
Family Code;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
2. deprivation or threat of deprivation of financial resources and the right to the use and child has the right to desist from or desist from conduct which the woman or her child has the right to engage in,
enjoyment of the conjugal, community or property owned in common; or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of
3. destroying household property;
controlling or restricting the woman's or her child's movement or conduct:

4. controlling the victims' own money or properties or solely controlling the conjugal money
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
or properties.

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
or her family, or deliberately providing the woman's children insufficient financial support;
psychological or emotional distress.

(3) Depriving or threatening to deprive the woman or her child of a legal right;
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
money, or properties;
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship.
A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
dating relationship. constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or
her child or her/his immediate family;
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
to, the following acts: mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

(1) Stalking or following the woman or her child in public or private places; SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction
over cases of violence against women and their children under this law. In the absence of such court in the place where
the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was
(2) Peering in the window or lingering outside the residence of the woman or her child;
committed at the option of the compliant.

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further
will;
acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The
relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control
woman or her child; and over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all
(5) Engaging in any form of harassment or violence; of the following reliefs:

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any
not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of the acts mentioned in Section 5 of this Act;
of access to the woman's child/children.

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be
with the petitioner, directly or indirectly;
punished according to the following rules:

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property
homicide shall be punished in accordance with the provisions of the Revised Penal Code. rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a
law enforcement agent to accompany the respondent has gathered his things and escort respondent from the
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those residence;
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be
(d) Directing the respondent to stay away from petitioner and designated family or household member at a
punished by arresto mayor. distance specified by the court, and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or household member;
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than (e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
arresto mayor. regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to
the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor; and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
(e) Acts falling under Section 5(g) shall be punished by prision mayor; salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor. woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect
contempt of court;
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the section.
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and
surrender the same to the court for appropriate disposition by the court, including revocation of license and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order
the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate application form, written in English with translation to the major local languages, shall be made available to facilitate
on the offender and take appropriate action on matter; applications for protections order, and shall contain, among other, the following information:

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property (a) names and addresses of petitioner and respondent;
damage, medical expenses, childcare expenses and loss of income;
(b) description of relationships between petitioner and respondent;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(c) a statement of the circumstances of the abuse;
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of
the petitioner and any designated family or household member, provided petitioner and any designated family
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
or household member consents to such relief.

(e) request for counsel and reasons for such;


Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.
(f) request for waiver of application fees until hearing; and
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying
for, or the court from granting a TPO or PPO. (g) an attestation that there is no pending application for a protection order in another court.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the
following: circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of
the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court
(a) the offended party;
has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

(b) parents or guardians of the offended party;


An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement
agents shall also extend assistance in the application for protection orders in cases brought to their attention.
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable
(e) police officers, preferably those in charge of women and children's desks; anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos
(P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
(f) Punong Barangay or Barangay Kagawad;
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the
applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the
application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the
and their children occurred and who has personal knowledge of the offense committed. applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by
the PAO.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under
Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO However, a private counsel offering free legal service is not barred from representing the petitioner.
or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with
territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer
place of residence of the petitioner, the application shall be filed with that court.
to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under
Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order
to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a
unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay protection order within the reglementary period specified in the previous section without justifiable cause shall render the
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by official or judge administratively liable.
the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged,
Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal
Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as
service.
soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the
mandatory period specified in this Act.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the
by the court on the date of filing of the application after ex parte determination that such order should be issued. A court courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business
may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The and, if necessary, suspend other proceedings in order to hear applications for a protection order.
court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court
shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed
assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the
directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction
merits of the issuance of a PPO.
over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the
court after notice and hearing.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the
trial court may motu proprio issue a protection order as it deems necessary without need of an application.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not
be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule
appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of
immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow
the acts committed.
ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The
court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is made. SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall
be applicable in impliedly instituted with the criminal actions involving violence against women and their children.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where
the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to
continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the
The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of violence sought to be prevented.
the applicant.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty
revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate (30) days, if for acts punishable under Section 5(g) to 5(I).
personal service of the PPO on respondent.
The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and
the filing of the application.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts
falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall
become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which may
order might arise did not exist.
be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the
commission of the crime.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in
capital letters on the protection order issued by the Punong Barangay or court:
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW." elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of SECTION 31. Healthcare Provider Response to Abuse– Any healthcare provider, including, but not limited to, an
the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists. attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been
informed by the victim of violence shall:
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act. (a) properly document any of the victim's physical, emotional or psychological injuries;

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her (b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;
child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given
to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In
(d) safeguard the records and make them available to the victim upon request at actual cost; and
no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman
syndrome.
(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following
duties when dealing with victims under this Act:
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish
programs such as, but not limited to, education and information campaign and seminars or symposia on the nature,
a) communicate with the victim in a language understood by the woman or her child; and
causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of
litigants.
their officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a
following duties:
protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to
compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family
(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in
necessary whether or not a protection order has been issued and ensure the safety of the victim/s; proceedings where relief is sought under this Act.

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view; Failure to comply with this Section shall render the official or judge administratively liable.

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital; SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as
herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law,
responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall
(d) assist the victim in removing personal belongs from the house;
not be liable for any criminal, civil or administrative liability resulting therefrom.

(e) assist the barangay officials and other government officers and employees who respond to a call for help;
SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and
their children shall have the following rights:
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(a) to be treated with respect and dignity;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance
imminent danger to the life or limb of the victim as defined in this Act; and
office;

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs
(c) To be entitled to support services form the DSWD and LGUs'
or accredited non-government organizations (NGOs).

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.
(e) To be informed of their rights and the services available to them including their right to apply for a protection The Council members may designate their duly authorized representative who shall have a rank not lower than an
order. assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and accounting rules and
regulations.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and
exemplary damages.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood
SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in
assistance.
cases prosecuted under this Act.

The DOH shall provide medical assistance to victims.


SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an
immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court
shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes. SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment
to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways.
When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the
abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their
children, hereinafter known as the Council, which shall be composed of the following agencies: SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All
agencies involved in responding to violence against women and their children cases shall be required to undergo
education and training to acquaint them with:
(a) Department of Social Welfare and Development (DSWD);

a. the nature, extend and causes of violence against women and their children;
(b) National Commission on the Role of Filipino Women (NCRFW);

b. the legal rights of, and remedies available to, victims of violence against women and their children;
(c) Civil Service Commission (CSC);

c. the services and facilities available to victims or survivors;


(d) Commission on Human rights (CHR)

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
(e) Council for the Welfare of Children (CWC);

e. techniques for handling incidents of violence against women and their children that minimize the likelihood of
(f) Department of Justice (DOJ);
injury to the officer and promote the safety of the victim or survivor.

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


The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay
officials to enable them to properly handle cases of violence against women and their children.
(h) Philippine National Police (PNP);
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10)
(i) Department of Health (DOH); days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order.
(j) Department of Education (DepEd);
Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any
(k) Department of Labor and Employment (DOLE); and
person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

(l) National Bureau of Investigation (NBI). SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including
those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name,
develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will address, telephone number, school, business address, employer, or other identifying information of a victim or an
also serve as the monitoring body as regards to VAW initiatives. immediate family member, without the latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than
Five Hundred Thousand pesos (P500,000.00). The Lawphil Project - Arellano Law Foundation

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual
General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services
for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the
NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the
NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall
have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least
two (2) newspapers of general circulation.

Approved,

JOSE DE VENECIA JR. FRANKLIN DRILON


Speaker of the House of Representatives President of the Senate

This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by the
Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

ROBERTO P. NAZARENO OSCAR G. YABES


Secretary General Secretary of Senate
House of Represenatives

Approved: March 08, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines