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Republic of the Philippines (f) The State shall apply the principles of restorative justice in all its laws,

(f) The State shall apply the principles of restorative justice in all its laws, policies and
Congress of the Philippines programs applicable to children in conflict with the law.
Metro Manila SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions
Thirteenth Congress of this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor
Second Regular Session of the child in conflict with the law.

SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five. (a) "Bail" refers to the security given for the release of the person in custody of the law,
Republic Act No. 9344 furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, may be given in the form of corporate security, property bond, cash deposit, or recognizance.
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF (b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES are most congenial to the survival, protection and feelings of security of the child and most
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: encouraging to the child's physical, psychological and emotional development. It also means
the least detrimental available alternative for safeguarding the growth and development of the
TITLE I child.
GOVERNING PRINCIPLES (e) "Child" refers to a person under the age of eighteen (18) years.
CHAPTER 1 (d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal
TITLE, POLICY AND DEFINITION OF TERMS offenses because of personal, family and social circumstances, such as, but not limited to, the
following:
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare (1) being abused by any person through sexual, physical, psychological, mental,
Act of 2006."It shall cover the different stages involving children at risk and children in conflict with the economic or any other means and the parents or guardian refuse, are unwilling, or
law from prevention to rehabilitation and reintegration. unable to provide protection for the child;
(2) being exploited including sexually or economically;
SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times: (3) being abandoned or neglected, and after diligent search and inquiry, the parent or
(a) The State recognizes the vital role of children and youth in nation building and shall guardian cannot be found;
promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall (4) coming from a dysfunctional or broken family or without a parent or guardian;
inculcate in the youth patriotism and nationalism, and encourage their involvement in public (5) being out of school;
and civic affairs. (6) being a streetchild;
(b) The State shall protect the best interests of the child through measures that will ensure the (7) being a member of a gang;
observance of international standards of child protection, especially those to which the (8) living in a community with a high level of criminality or drug abuse; and
Philippines is a party. Proceedings before any authority shall be conducted in the best interest (9) living in situations of armed conflict.
of the child and in a manner which allows the child to participate and to express himself/herself (e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged
freely. The participation of children in the program and policy formulation and implementation as, having committed an offense under Philippine laws.
related to juvenile justice and welfare shall be ensured by the concerned government agency. (f) "Community-based Programs" refers to the programs provided in a community setting
(c) The State likewise recognizes the right of children to assistance, including proper care and developed for purposes of intervention and diversion, as well as rehabilitation of the child in
nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and conflict with the law, for reintegration into his/her family and/or community.
other conditions prejudicial to their development. (g) "Court" refers to a family court or, in places where there are no family courts, any regional
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the trial court.
State recognizes the right of every child alleged as, accused of, adjudged, or recognized as (h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement
having infringed the penal law to be treated in a manner consistent with the promotion of the of a child in conflict with the law in a public or private custodial setting, from which the child in
child's sense of dignity and worth, taking into account the child's age and desirability of conflict with the law is not permitted to leave at will by order of any judicial or administrative
promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt authority.
measures for dealing with such children without resorting to judicial proceedings, providing that (i) "Diversion" refers to an alternative, child-appropriate process of determining the
human rights and legal safeguards are fully respected. It shall ensure that children are dealt responsibility and treatment of a child in conflict with the law on the basis of his/her social,
with in a manner appropriate to their well-being by providing for, among others, a variety of cultural, economic, psychological or educational background without resorting to formal court
disposition measures such as care, guidance and supervision orders, counseling, probation, proceedings.
foster care, education and vocational training programs and other alternatives to institutional (j) "Diversion Program" refers to the program that the child in conflict with the law is required to
care. undergo after he/she is found responsible for an offense without resorting to formal court
(e) The administration of the juvenile justice and welfare system shall take into consideration proceedings.
the cultural and religious perspectives of the Filipino people, particularly the indigenous (k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in
peoples and the Muslims, consistent with the protection of the rights of children belonging to conflict with the law by law enforcement officers or private citizens. It includes the time when
these communities. the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule
112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section (d) the right to be treated with humanity and respect, for the inherent dignity of the person, and
9(b) of the same Rule in cases that do not require preliminary investigation or where there is in a manner which takes into account the needs of a person of his/her age. In particular, a child
no necessity to place the child alleged to be in conflict with the law under immediate custody. deprived of liberty shall be separated from adult offenders at all times. No child shall be
(I) "Intervention" refers to a series of activities which are designed to address issues that detained together with adult offenders. He/She shall be conveyed separately to or from court.
caused the child to commit an offense. It may take the form of an individualized treatment He/She shall await hearing of his/her own case in a separate holding area. A child in conflict
program which may include counseling, skills training, education, and other activities that will with the law shall have the right to maintain contact with his/her family through correspondence
enhance his/her psychological, emotional and psycho-social well-being. and visits, save in exceptional circumstances;
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and (e) the right to prompt access to legal and other appropriate assistance, as well as the right to
children in conflict with the law, which provides child-appropriate proceedings, including challenge the legality of the deprivation of his/her liberty before a court or other competent,
programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to independent and impartial authority, and to a prompt decision on such action;
ensure their normal growth and development. (f) the right to bail and recognizance, in appropriate cases;
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in (g) the right to testify as a witness in hid/her own behalf under the rule on examination of a
Article 152 of the Revised Penal Code, including a barangay tanod. child witness;
(0) "Offense" refers to any act or omission whether punishable under special laws or the (h) the right to have his/her privacy respected fully at all stages of the proceedings;
Revised Penal Code, as amended. (i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or (j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her
custodian who shall be responsible for the appearance in court of the child in conflict with the best interest, the rights of the victim and the needs of society are all taken into consideration by
law, when required. the court, under the principle of restorative justice;
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts (k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
with the maximum involvement of the victim, the offender and the community. It seeks to obtain discretion is given by law to the judge to determine whether to impose fine or imprisonment,
reparation for the victim; reconciliation of the offender, the offended and the community; and the imposition of fine being preferred as the more appropriate penalty;
reassurance to the offender that he/she can be reintegrated into society. It also enhances (I) in general, the right to automatic suspension of sentence;
public safety by activating the offender, the victim and the community in prevention strategies. (m) the right to probation as an alternative to imprisonment, if qualified under the Probation
(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult Law;
does not suffer any penalty for committing similar acts. These shall include curfew violations; (n) the right to be free from liability for perjury, concealment or misrepresentation; and
truancy, parental disobedience and the like. (o) other rights as provided for under existing laws, rules and regulations.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited The State further adopts the provisions of the United Nations Standard Minimum Rules for the
local government units (LGUs) and licensed and/or accredited nongovernment organizations Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of
(NGOs) providing short-term residential care for children in conflict with the law who are Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection of
awaiting court disposition of their cases or transfer to other agencies or jurisdiction. Juveniles Deprived of Liberty.
(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 SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the
NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for time of the commission of the offense shall be exempt from criminal liability. However, the child shall be
children in conflict with the law. Rehabilitation services are provided under the guidance of a subjected to an intervention program pursuant to Section 20 of this Act.
trained staff where residents are cared for under a structured therapeutic environment with the A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
end view of reintegrating them into their families and communities as socially functioning criminal liability and be subjected to an intervention program, unless he/she has acted with discernment,
individuals. Physical mobility of residents of said centers may be restricted pending court in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
disposition of the charges against them. The exemption from criminal liability herein established does not include exemption from civil liability,
(u) "Victimless Crimes" refers to offenses where there is no private offended party. which shall be enforced in accordance with existing laws.

CHAPTER 2 SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate,
the following rights, including but not limited to: baptismal certificate or any other pertinent documents. In the absence of these documents, age may be
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or based on information from the child himself/herself, testimonies of other persons, the physical
punishment; appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without be resolved in his/her favor.
the possibility of release; Any person contesting the age of the child in conflict with the law prior to the filing of the information in
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or any appropriate court may file a case in a summary proceeding for the determination of age before the
imprisonment being a disposition of last resort, and which shall be for the shortest appropriate Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
period of time; pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, (e) To coordinate the implementation of the juvenile intervention programs and activities by
the person shall file a motion to determine the age of the child in the same court where the case is national government agencies and other activities which may have an important bearing on the
pending. Pending hearing on the said motion, proceedings on the main case shall be suspended. success of the entire national juvenile intervention program. All programs relating to juvenile
In all proceedings, law enforcement officers, prosecutors, judges and other government officials justice and welfare shall be adopted in consultation with the JJWC;
concerned shall exert all efforts at determining the age of the child in conflict with the law. (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 children in conflict with the law;
TITLE II (g) To collect relevant information and conduct continuing research and support evaluations
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE and studies on all matters relating to juvenile justice and welfare, such as but not limited to:
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (1) the performance and results achieved by juvenile intervention programs and by
(JJWC) is hereby created and attached to the Department of Justice and placed under its administrative activities of the local government units and other government agencies;
supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and (2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
Development. It shall ensure the effective implementation of this Act and coordination among the (3) the particular needs of children in conflict with the law in custody.
following agencies: The data gathered shall be used by the JJWC in the improvement of the administration of
(a) Council for the Welfare of Children (CWC); juvenile justice and welfare system.
(b) Department of Education (DepEd); The JJWC shall set up a mechanism to ensure that children are involved in research and
(c) Department of the Interior and Local Government (DILG); policy development.
(d) Public Attorney's Office (PAO); (h) Through duly designated persons and with the assistance of the agencies provided in the
(e) Bureau of Corrections (BUCOR); preceding section, to conduct regular inspections in detention and rehabilitation facilities and to
(f) Parole and Probation Administration (PPA) undertake spot inspections on their own initiative in order to check compliance with the
(g) National Bureau of Investigation (NBI); standards provided herein and to make the necessary recommendations to appropriate
(h) Philippine National Police (PNP);. agencies;
(i) Bureau of Jail Management and Penology (BJMP); (i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved
(i) Commission on Human Rights (CHR); in the administration of the juvenile justice and welfare system and the juvenile intervention
(k) Technical Education and Skills Development Authority (TESDA); program;
(l) National Youth Commission (NYC); and (j) To submit an annual report to the President on the implementation of this Act; and
(m) Other institutions focused on juvenile justice and intervention programs. (k) To perform such other functions as may be necessary to implement the provisions of this
The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be Act.
designated by the concerned heads of the following departments or agencies:
(a) Department of Justice (DOJ); SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies
(b) Department of Social Welfare and Development (DSWD); enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the
(c) Council for the Welfare of Children (CWC) effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These
(d) Department of Education (DepEd); policies and procedures shall be modified accordingly in consultation with the JJWC upon the
(e) Department of the Interior and Local Government (DILG) completion of the national juvenile intervention program as provided under Section 9 (d).
(f) Commission on Human Rights (CHR); SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human
(g) National Youth Commission (NYC); and Rights shall ensure that the status, rights and interests of children are upheld in accordance with the
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of
the other to be designated by the Secretary of Social Welfare and Development. government compliance of all treaty obligations, including the timely and regular submission of reports
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice before the treaty bodies, as well as the implementation and dissemination of recommendations and
and the Secretary of Social Welfare and Development shall determine the organizational structure and conclusions by government agencies as well as NGOs and civil society.
staffing pattern of the JJWC.
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, TITLE III
as herein provided. PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions: THE ROLE OF THE DIFFERENT SECTORS
(a) To oversee the implementation of this Act; SEC. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children
(b) To advise the President on all matters and policies relating to juvenile justice and welfare; which is critical in delinquency prevention. As far as practicable and in accordance with the procedures
(c) To assist the concerned agencies in the review and redrafting of existing of this Act, a child in conflict with the law shall be maintained in his/her family.
policies/regulations or in the formulation of new ones in line with the provisions of this Act; SEC. 13. The Educational System. - Educational institutions shall work together with families,
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation
with the participation of government agencies concerned, NGOs and youth organizations; and reintegration of child in conflict with the law. Schools shall provide adequate, necessary and
individualized educational schemes for children manifesting difficult behavior and children in conflict with youth organizations and other concerned agencies. The LGUs shall provide community-based services
the law. In cases where children in conflict with the law are taken into custody or detained in which respond to the special needs, problems, interests and concerns of children and which offer
rehabilitation centers, they should be provided the opportunity to continue learning under an alternative appropriate counseling and guidance to them and their families. These programs shall consist of three
learning system with basic literacy program or non- formal education accreditation equivalency system. levels:
(a) Primary intervention includes general measures to promote social justice and equal
SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of opportunity, which tackle perceived root causes of offending;
child rights, and delinquency prevention by relaying consistent messages through a balanced approach. (b) Secondary intervention includes measures to assist children at risk; and
Media practitioners shall, therefore, have the duty to maintain the highest critical and professional (c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice
standards in reporting and covering cases of children in conflict with the law. In all publicity concerning system and other measures to prevent re-offending.
children, the best interest of the child should be the primordial 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. TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. - SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the
Local Councils for the Protection of Children (LCPC) shall be established in all levels of local child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact
government, and where they have already been established, they shall be strengthened within one (1) with the child has the duty to immediately release the child to the custody of his/her parents or guardian,
year from the effectivity of this Act. Membership in the LCPC shall be chosen from among the or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social
responsible members of the community, including a representative from the youth sector, as well as welfare and development officer who will determine the appropriate programs in consultation with the
representatives from government and private agencies concerned with the welfare of children. child and to the person having custody over the child. If the parents, guardians or nearest relatives
The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for cannot be located, or if they refuse to take custody, the child may be released to any of the following: a
the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper duly registered nongovernmental or religious organization; a barangay official or a member of the
implementation. Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer;
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local
allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
disbursement of the fund shall be made by the LGU concerned. event that the parents will not comply with the prevention program, the proper petition for involuntary
commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".
duly licensed social worker as its local social welfare and development officer tasked to assist children
in conflict with the law.
TITLE V
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the JUVENILE JUSTICE AND WELFARE SYSTEM
LCPC in the formulation and implementation of juvenile intervention and diversion programs in the CHAPTER I
community. INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into
CHAPTER 2 custody, the law enforcement officer shall:
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM (a) Explain to the child in simple language and in a dialect that he/she can understand why
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive he/she is being placed under custody and the offense that he/she allegedly committed;
juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the (b) Inform the child of the reason for such custody and advise the child of his/her constitutional
barangay to the provincial level. rights in a language or dialect understood by him/her;
The LGUs shall set aside an amount necessary to implement their respective juvenile intervention (e) Properly identify himself/herself and present proper identification to the child;
programs in their annual budget. (d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child- making sexual advances on the child in conflict with the law;
focused institutions, NGOs, people's organizations, educational institutions and government agencies (e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or
involved in delinquency prevention to participate in the planning process and implementation of juvenile restraint, unless absolutely necessary and only after all other methods of control have been
intervention programs. Such programs shall be implemented consistent with the national program exhausted and have failed;
formulated and designed by the JJWC. The implementation of the comprehensive juvenile intervention (f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary
program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. Results for his/her apprehension;
of the assessment shall be submitted by the provincial and city governments to the JJWC not later than (g) Avoid violence or unnecessary force;
March 30 of every year. (h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the
SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based child to the Social Welfare and Development Office or other accredited NGOs, and notify the
programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, child's apprehension. The social welfare and development officer shall explain to the child and
the child's parents/guardians the consequences of the child's act with a view towards (c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment,
counseling and rehabilitation, diversion from the criminal justice system, and reparation, if diversion measures may be resorted to only by the court.
appropriate; SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the
(j) Take the child immediately to the proper medical and health officer for a thorough physical Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage
and mental examination. The examination results shall be kept confidential unless otherwise and at all 1evels and phases of the proceedings including judicial level.
ordered by the Family Court. Whenever the medical treatment is required, steps shall be
immediately undertaken to provide the same; SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo
(k) Ensure that should detention of the child in conflict with the law be necessary, the child conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said
shall be secured in quarters separate from that of the opposite sex and adult offenders; system. A contract of diversion may be entered into during such conferencing, mediation or conciliation
(l) Record the following in the initial investigation: proceedings.
1. Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such; SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child
2. That the parents or guardian of a child, the DSWD, and the PA0 have been voluntarily admits the commission of the act, a diversion program shall be developed when appropriate
informed of the apprehension and the details thereof; and and desirable as determined under Section 30. Such admission shall not be used against the child in
3. The exhaustion of measures to determine the age of a child and the precise details any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be
of the physical and medical examination or the failure to submit a child to such effective and binding if accepted by the parties concerned. The acceptance shall be in writing and
examination; and signed by the parties concerned and the appropriate authorities. The local social welfare and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by development officer shall supervise the implementation of the diversion program. The diversion
the child's parents or guardian, social worker, or legal counsel in attendance who shall affix proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall
his/her signature to the said statement. be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender The child shall present himself/herself to the competent authorities that imposed the diversion program
and shall not be locked up in a detention cell. at least once a month for reporting and evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of diversion, as certified by the local
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her social welfare and development officer, shall give the offended party the option to institute the
investigation, determine where the case involving the child in conflict with the law should be referred. appropriate legal action.
The taking of the statement of the child shall be conducted in the presence of the following: (1) child's The period of prescription of the offense shall be suspended during the effectivity of the diversion
counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's program, but not exceeding a period of two (2) years.
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, or nearest relative, and the local SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall
social welfare and development officer, the investigation shall be conducted in the presence of a under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion,
representative of an NGO, religious group, or member of the BCPC. the Punong Barangay handling the case shall, within three (3) days from determination of the absence
After the initial investigation, the local social worker conducting the same may do either of the following: of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court,
fifteen (15) but below eighteen (18) years old, who acted without discernment; and as the case may be. Upon the issuance of the corresponding document, certifying to the fact that no
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with agreement has been reached by the parties, the case shall be filed according to the regular process.
discernment, proceed to diversion under the following chapter.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does
CHAPTER 2 not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a
DIVERSION diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of
without undergoing court proceedings subject to the conditions herein provided: inquest and/or preliminary investigation to determine whether or not the child should remain under
(a) Where the imposable penalty for the crime committee is not more than six (6) years custody and correspondingly charged in court. The document transmitting said records shall display the
imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local word "CHILD" in bold letters.
social welfare and development officer or other members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where appropriate, adopt indigenous modes of SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is
conflict resolution in accordance with the best interest of the child with a view to accomplishing appropriate and desirable, the following factors shall be taken into consideration:
the objectives of restorative justice and the formulation of a diversion program. The child and (a) The nature and circumstances of the offense charged;
his/her family shall be present in these activities. (b) The frequency and the severity of the act;
(b) In victimless crimes where the imposable penalty is not more than six (6) years (c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
imprisonment, the local social welfare and development officer shall meet with the child and (d) The influence of the family and environment on the growth of the child;
his/her parents or guardians for the development of the appropriate diversion and rehabilitation (e) The reparation of injury to the victim;
program, in coordination with the BCPC; (f) The weight of the evidence against the child;
(g) The safety of the community; and social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the
(h) The best interest of the child. law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the individual Attorney's Office of such service, as well as the personal information, and place of detention of the child
characteristics and the peculiar circumstances of the child in conflict with the law shall be used to in conflict with the law.
formulate an individualized treatment. Upon determination of probable cause by the prosecutor, the information against the child shall be filed
The following factors shall be considered in formulating a diversion program for the child: before the Family Court within forty-five (45) days from the start of the preliminary investigation.
(a) The child's feelings of remorse for the offense he/she committed;
(b) The parents' or legal guardians' ability to guide and supervise the child; CHAPTER 4
(c) The victim's view about the propriety of the measures to be imposed; and COURT PROCEEDINGS
(d) The availability of community-based programs for rehabilitation and reintegration of the SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating
child. circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate socio-cultural (a) the release of the minor on recognizance to his/her parents and other suitable person;
and psychological responses and services for the child. At the different stages where diversion may be (b) the release of the child in conflict with the law on bail; or
resorted to, the following diversion programs may be agreed upon, such as, but not limited to: (c) the transfer of the minor to a youth detention home/youth rehabilitation center.
(a) At the level of the Punong Barangay: The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
(1) Restitution of property;
(2) Reparation of the damage caused; SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on
(3) Indemnification for consequential damages; bail or recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and
(4) Written or oral apology; whenever possible, detention pending trial may be replaced by alternative measures, such as close
(5) Care, guidance and supervision orders; supervision, intensive care or placement with a family or in an educational setting or home.
(6) Counseling for the child in conflict with the law and the child's family; Institutionalization or detention of the child pending trial shall be used only as a measure of last resort
(7)Attendance in trainings, seminars and lectures on: and for the shortest possible period of time.
(i) anger management skills; Whenever detention is necessary, a child will always be detained in youth detention homes established
(ii) problem solving and/or conflict resolution skills; by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where
(iii) values formation; and the child resides.
(iv) other skills which will aid the child in dealing with situations which can In the absence of a youth detention home, the child in conflict with the law may be committed to the
lead to repetition of the offense; care of the DSWD or a local rehabilitation center recognized by the government in the province, city or
(8) Participation in available community-based programs, including community municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for
service; or the child's appearance in court whenever required.
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor: SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years,
(2) Confiscation and forfeiture of the proceeds or instruments of the crime; regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in
(c) At the level of the appropriate court: conflict with the law, the court shall determine whether or not diversion is appropriate.
(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation; SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of
(3) Fine: age at the time of the commission of the offense is found guilty of the offense charged, the court shall
(4) Payment of the cost of the proceedings; or determine and ascertain any civil liability which may have resulted from the offense committed.
(5) Institutional care and custody. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict
CHAPTER 3 with the law under suspended sentence, without need of application: Provided, however, That
PROSECUTION suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct more at the time of the pronouncement of his/her guilt.
inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If Upon suspension of sentence and after considering the various chcumstances of the child, the court
there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles
detention, it shall be the duty of the prosecutor to investigate the same. in Conflict with the Law.

SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social
preliminary investigation in the following instances: (a) when the child in conflict with the law does not worker who has custody of the child, the court shall dismiss the case against the child whose sentence
qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as has been suspended and against whom disposition measures have been issued, and shall order the
specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from the SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall be
commission of the offense, which shall be enforced in accordance with law. mandatory that children shall be separated from adults unless they are members of the same family.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective Under no other circumstance shall a child in conflict with the law be placed in the same confinement as
of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if adults.
the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or The rehabilitation, training or confinement area of children in conflict with the law shall provide a home
rehabilitation program, the child in conflict with the law shall be brought before the court for execution of environment where children in conflict with the law can be provided with quality counseling and
judgment. treatment.
If said child in conflict with the law has reached eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance with this Act, to order SEC. 47. Female Children. - Female children in conflict with the law placed in an institution shall be
execution of sentence, or to extend the suspended sentence for a certain specified period or until the given special attention as to their personal needs and problems. They shall be handled by female
child reaches the maximum age of twenty-one (21) years. doctors, correction officers and social workers, and shall be accommodated separately from male
children in conflict with the law.
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. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall
handle children in conflict with the law without having undergone gender sensitivity training.
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted
and sentenced a child in conflict with the law, and upon application at any time, place the child on SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build
probation in lieu of service of his/her sentence taking into account the best interest of the child. For this youth detention homes as mandated by the Family Courts Act. Youth detention homes may also be
purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is established by private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.
hereby amended accordingly.
CHAPTER 5 SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses for the care
and maintenance of a child in conflict with the law under institutional care shall be borne by his/her
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS parents or those persons liable to support him/her: Provided, That in case his/her parents or those
SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving persons liable to support him/her cannot pay all or part of said expenses, the municipality where the
children in conflict with the law from initial contact until final disposition of the case shall be considered offense was committed shall pay one-third (1/3) of said expenses or part thereof; the province to which
privileged and confidential. The public shall be excluded during the proceedings and the records shall the municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the
not be disclosed directly or indirectly to anyone by any of the parties or the participants in the national government. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a
proceedings for any purpose whatsoever, except to determine if the child in conflict with the law may chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid
have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to portion shall be withheld and applied to the settlement of said obligations: Provided, further, That in the
enforce the civil liability imposed in the criminal action. event that the child in conflict with the law is not a resident of the municipality/city where the offense was
The component authorities shall undertake all measures to protect this confidentiality of proceedings, committed, the court, upon its determination, may require the city/municipality where the child in conflict
including non-disclosure of records to the media, maintaining a separate police blotter for cases with the law resides to shoulder the cost.
involving children in conflict with the law and adopting a system of coding to conceal material All city and provincial governments must exert effort for the immediate establishment of local detention
information which will lead to the child's identity. Records of a child in conflict with the law shall not be homes for children in conflict with the law.
used in subsequent proceedings for cases involving the same offender as an adult, except when
beneficial for the offender and upon his/her written consent. SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training
A person who has been in conflict with the law as a child shall not be held under any provision of law, to Facilities. - A child
be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge in conflict with the law may, after conviction and upon order of the court, be made to serve his/her
the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose. 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.
TITLE VI
REHABILITATION AND REINTEGRATION SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the law,
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and whose sentences are suspended may, upon order of the court, undergo any or a combination of
reintegration of children in conflict with the law is to provide them with interventions, approaches and disposition measures best suited to the rehabilitation and welfare of the child as provided in the
strategies that will enable them to improve their social functioning with the end goal of reintegration to Supreme Court Rule on Juveniles in Conflict with the Law.
their families and as productive members of their communities. If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be
released to parents, guardians, relatives or any other responsible person in the community. Under the
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility supervision and guidance of the local social welfare and development officer, and in coordination with
without a valid order issued by the court after a hearing for the purpose. The details of this order shall his/her parents/guardian, the child in conflict with the law shall participate in community-based
be immediately entered in a register exclusively for children in conflict with the law. No child shall be programs, which shall include, but not limited to:
admitted in any facility where there is no such register. (1) Competency and life skills development;
(2) Socio-cultural and recreational activities; TITLE VII
(3) Community volunteer projects; GENERAL PROVISIONS
(4) Leadership training; CHAPTER 1
(5) Social services; EXEMPTING PROVISIONS
(6) Homelife services; SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by
(7) Health services; . an adult shall not be considered an offense and shall not be punished if committed by a child.
(8) Spiritual enrichment; and
(9) Community and family welfare services. SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be
In accordance therewith, the family of the child in conflict with the law shall endeavor to actively exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised
participate in the community-based rehabilitation. Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under
Based on the progress of the youth in the community, a final report will be forwarded by the local social Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention
welfare and development officer to the court for final disposition of the case. on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and
If the community-based programs are provided as diversion measures under Chapter II, Title V, the treatment program.
programs enumerated above shall be made available to the child in conflict with the law.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs
care, treatment and rehabilitation services under the guidance of a trained staff where residents are Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in
cared for under a structured therapeutic environment with the end view of reintegrating them in their conflict with the law.
families and communities as socially functioning individuals. A quarterly report shall be submitted by the
center to the proper court on the progress of the children in conflict with the law. Based on the progress CHAPTER 2
of the youth in the center, a final report will be forwarded to the court for final disposition of the case. PROHIBITED ACTS
The DSWD shall establish youth rehabilitation centers in each region of the country. SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning
from the initial contact with the child, the competent authorities must refrain from branding or labeling
SEC. 54. Objectives of Community Based Programs. - The objectives of community-based programs children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any
are as follows: other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law with respect to the child's class or ethnic origin.
in case he/she is studying, working or attending vocational learning institutions; SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health
maintain the support system fostered by their relationship and to create greater awareness of and well-being of the child in conflict with the law and therefore, prohibited:
their mutual and reciprocal responsibilities; (a) Employment of threats of whatever kind and nature;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and (b) Employment of abusive, coercive and punitive measures such as cursing, beating,
encourage community support and involvement; and stripping, and solitary confinement;
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail (c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the
detention. heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-based with the law, or forcing him/her to walk around the community wearing signs which embarrass,
programs that will focus on the rehabilitation and reintegration of the child. All programs shall meet the humiliate, and degrade his/her personality and dignity; and
criteria to be established by the JJWC which shall take into account the purpose of the program, the (d) Compelling the child to perform involuntary servitude in any and all forms under any and all
need for the consent of the child and his/her parents or legal guardians, and the participation of the instances.
child-centered agencies whether public or private.
CHAPTER 3
SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in conflict PENAL PROVISION
with the law whose cases have been dismissed by the proper court because of good behavior as per SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any person
recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center who violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall,
shall be provided after-care services by the local social welfare and development officer for a period of upon conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos
at least six (6) months. The service includes counseling and other community-based services designed (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less
to facilitate social reintegration, prevent re-offending and make the children productive members of the than eight (8) years but not more than ten (10) years, or both such fine and imprisonment at the
community. discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or special
laws. If the offender is a public officer or employee, he/she shall, in addition to such fine and/or
imprisonment, be held administratively liable and shall suffer the penalty of perpetual absolute
disqualification.
CHAPTER 4 SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared
APPROPRIATION PROVISION unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by
SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act such declaration shall remain in force and effect.
shall be charged to the Office of the President. Thereafter, such sums as may be necessary for the SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof
continued implementation of this Act shall be included in the succeeding General Appropriations Act. inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
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. 72. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in at least two
(2) national newspapers of general circulation.

TITLE VIII
TRANSITORY PROVISIONS Approved,
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of FRANKLIN DRILON JOSE DE VENECIA JR.
this Act, cases of children fifteen (15) years old and below at the time of the commission of the crime President of the Senate Speaker of the House of
shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and Representatives
development officer. Such officer, upon thorough assessment of the child, shall determine whether to This Act which is a consolidation of Senate Bill No. 1402 and House Bill No. 5065 was finally passed by
release the child to the custody of his/her parents, or refer the child to prevention programs as provided the Senate and the House of Representatives on March 22, 2006.
under this Act. Those with suspended sentences and undergoing rehabilitation at the youth
OSCAR G. YABES ROBERTO P. NAZARENO
rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child.
Secretary of Senate Secretary General
House of Represenatives
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 Approved: April 28, 2006
alternatives for detention. GLORIA MACAPAGAL-ARROYO
If detention is necessary and he/she is detained with adults, the court shall immediately order the President of the Philippines
transfer of the child to a youth detention home.

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 all children in conflict with the law under their custody.
Republic of the Philippines
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Congress of the Philippines
Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and court Metro Manila
proceedings, the appropriate diversion authority in consultation with the local social welfare and
development officer or the Family Court in consultation with the Social Services and Counseling Division Twelfth Congress
(SSCD) of the Supreme Court, as the case may be, shall determine the appropriate disposition. In case Third Regular Session
the appropriate court executes the judgment of conviction, and unless the child in conflict the law has
already availed of probation under Presidential Decree No. 603 or other similar laws, the child may
apply for probation if qualified under the provisions of the Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who have been
convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.
of eighteen (18) years at the time the commission of the offense for which they were convicted and are
serving sentence, shall likewise benefit from the retroactive application of this Act. They shall be entitled Republic Act No. 9262 March 08, 2004
to appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly.
They shall be immediately released if they are so qualified under this Act or other applicable law. AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
TITLE IX
FINAL PROVISIONS
SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation of the Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
provisions of this act within ninety (90) days from the effectivity thereof.
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and D. "Economic abuse" refers to acts that make or attempt to make a woman financially
children and guarantees full respect for human rights. The State also recognizes the need to protect the dependent which includes, but is not limited to the following:
family and its members particularly women and children, from violence and threats to their personal
safety and security. 1. withdrawal of financial support or preventing the victim from engaging in
any legitimate profession, occupation, business or activity, except in cases
Towards this end, the State shall exert efforts to address violence committed against women and wherein the other spouse/partner objects on valid, serious and moral
children in keeping with the fundamental freedoms guaranteed under the Constitution and the grounds as defined in Article 73 of the Family Code;
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms
of discrimination Against Women, Convention on the Rights of the Child and other international human 2. deprivation or threat of deprivation of financial resources and the right to
rights instruments of which the Philippines is a party. the use and enjoyment of the conjugal, community or property owned in
common;
SECTION 3. Definition of Terms.- As used in this Act,
3. destroying household property;
(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 4. controlling the victims' own money or properties or solely controlling the
the person has or had a sexual or dating relationship, or with whom he has a common child, or conjugal money or properties.
against her child whether legitimate or illegitimate, 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 (b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to
deprivation of liberty. It includes, but is not limited to, the following acts: the physical and psychological or emotional distress.

A. "Physical Violence" refers to acts that include bodily or physical harm; (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.
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:
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her surveillance directly or indirectly or a combination thereof.
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 (e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
child to do indecent acts and/or make films thereof, forcing the wife and without the benefit of marriage or are romantically involved over time and on a continuing basis
mistress/lover to live in the conjugal home or sleep together in the same during the course of the relationship. A casual acquaintance or ordinary socialization between
room with the abuser; two individuals in a business or social context is not a dating relationship.

b) acts causing or attempting to cause the victim to engage in any sexual (f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of
activity by force, threat of force, physical or other harm or threat of physical a common child.
or other harm or coercion;
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
c) Prostituting the woman or child. Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
the resident of which is willing temporarily to receive the victim.
C. "Psychological violence" refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated (h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
verbal abuse and mental infidelity. It includes causing or allowing the victim to witness taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
the physical, sexual or psychological abuse of a member of the family to which the includes the biological children of the victim and other children under her care.
victim belongs, or to witness pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of
common children. victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against (3) Entering or remaining in the dwelling or on the property of the woman or her child
women and their children is committed through any of the following acts: against her/his will;

(a) Causing physical harm to the woman or her child; (4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and
(b) Threatening to cause the woman or her child physical harm;
(5) Engaging in any form of harassment or violence;
(c) Attempting to cause the woman or her child physical harm;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
(d) Placing the woman or her child in fear of imminent physical harm; child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's child/children.
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof
child has the right to engage in, or attempting to restrict or restricting the woman's or her child's shall be punished according to the following rules:
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, (a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide
but not limited to, the following acts committed with the purpose or effect of controlling or or murder or homicide shall be punished in accordance with the provisions of the Revised
restricting the woman's or her child's movement or conduct: Penal Code.

(1) Threatening to deprive or actually depriving the woman or her child of custody to If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal
her/his family; Code; those 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
(2) Depriving or threatening to deprive the woman or her children of financial support constituting slight physical injuries shall be punished by arresto mayor.
legally due her or her family, or deliberately providing the woman's children
insufficient financial support; 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
(3) Depriving or threatening to deprive the woman or her child of a legal right; shall in no case be lower than arresto mayor.

(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 (b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
controlling the conjugal or common money, or properties; (c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her (f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
actions or decisions;
If the acts are committed while the woman or child is pregnant or committed in the presence of
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity her child, the penalty to be applied shall be the maximum period of penalty prescribed in the
which does not constitute rape, by force or threat of force, physical harm, or through section.
intimidation directed against the woman or her child or her/his immediate family;
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos
alarms or causes substantial emotional or psychological distress to the woman or her child. (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and
This shall include, but not be limited to, the following acts: 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
(2) Peering in the window or lingering outside the residence of the woman or her absence of such court in the place where the offense was committed, the case shall be filed in the
child;
Regional Trial Court where the crime or any of its elements was committed at the option of the firearm. If the offender is a law enforcement agent, the court shall order the offender to
compliant. surrender his firearm and shall direct the appropriate authority to investigate on the offender
and take appropriate action on matter;
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this Act and (i) Restitution for actual damages caused by the violence inflicted, including, but not limited to,
granting other necessary relief. The relief granted under a protection order serve the purpose of property damage, medical expenses, childcare expenses and loss of income;
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The (j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
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 (k) Provision of such other forms of relief as the court deems necessary to protect and provide
shall include any, some or all of the following reliefs: for the safety of the petitioner and any designated family or household member, provided
petitioner and any designated family or household member consents to such relief.
(a) Prohibition of the respondent from threatening to commit or committing, personally or
through another, any of the acts mentioned in Section 5 of this Act; 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.
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly; 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.
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed
permanently where no property rights are violated, and if respondent must remove personal by any of the following:
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 residence;
(a) the offended party;
(d) Directing the respondent to stay away from petitioner and designated family or household (b) parents or guardians of the offended party;
member at a distance specified by the court, and to stay away from the residence, school, (c) ascendants, descendants or collateral relatives within the fourth civil degree of
place of employment, or any specified place frequented by the petitioner and any designated consanguinity or affinity;
family or household member; (d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(e) Directing lawful possession and use by petitioner of an automobile and other essential (g) lawyer, counselor, therapist or healthcare provider of the petitioner;
personal effects, regardless of ownership, and directing the appropriate law enforcement (h) At least two (2) concerned responsible citizens of the city or municipality where the violence
officer to accompany the petitioner to the residence of the parties to ensure that the petitioner against women and their children occurred and who has personal knowledge of the offense
is safely restored to the possession of the automobile and other essential personal effects, or committed.
to supervise the petitioner's or respondent's removal of personal belongings;
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on
(f) Granting a temporary or permanent custody of a child/children to the petitioner; venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
support. Notwithstanding other laws to the contrary, the court shall order an appropriate residence of the petitioner: Provided, however, That if a family court exists in the place of residence of
percentage of the income or salary of the respondent to be withheld regularly by the the petitioner, the application shall be filed with that court.
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 woman and/or her child SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in
without justifiable cause shall render the respondent or his employer liable for indirect writing, signed and verified under oath by the applicant. It may be filed as an independent action or as
contempt of court; incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence
as described in this Act. A standard protection order application form, written in English with translation
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon to the major local languages, shall be made available to facilitate applications for protections order, and
and order him to surrender the same to the court for appropriate disposition by the court, shall contain, among other, the following information:
including revocation of license and disqualification to apply for any license to use or possess a
the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the
(a) names and addresses of petitioner and respondent; respondent, or direct any barangay official to effect is personal service.
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse; The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
(d) description of the reliefs requested by petitioner as specified in Section 8 herein; Barangay.
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court. SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex parte determination
that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance
attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate
consent given by the victim for the filling of the application. When disclosure of the address of the victim personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of
will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the
attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and merits of the issuance of a PPO.
shall provide a mailing address for purpose of service processing.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection
An application for protection order filed with a court shall be considered an application for both a TPO order issued by the court after notice and hearing.
and PPO.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of
enforcement agents shall also extend assistance in the application for protection orders in cases a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court
brought to their attention. shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the
respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be evidence by the applicant and render judgment on the basis of the evidence presented. The court shall
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging allow the introduction of any history of abusive conduct of a respondent even if the same was not
from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of directed against the applicant or the person for whom the applicant is made.
six (6) months.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is
requests in the applications for a protection order for the appointment of counsel because of lack of due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's each particular time until final judgment is issued. The extended or renewed TPO may be modified by
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the the court as may be necessary or applicable to address the needs of the applicant.
applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation
of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall
applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal be effective until revoked by a court upon application of the person in whose favor the order was issued.
representation by the PAO. The court shall ensure immediate personal service of the PPO on respondent.

However, a private counsel offering free legal service is not barred from representing the petitioner. 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 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the
desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex showing that the act from which the order might arise did not exist.
parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the
BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in
the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:
BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO,
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an SECTION 25. Public Crime. – Violence against women and their children shall be considered a public
application for a protection order within the reglementary period specified in the previous section without offense which may be prosecuted upon the filing of a complaint by any citizen having personal
justifiable cause shall render the official or judge administratively liable. knowledge of the circumstances involving the commission of the crime.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts
this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main to be suffering from battered woman syndrome do not incur any criminal and civil liability
case and other incidents of the case as soon as possible. The hearing on any application for a notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
protection order filed by the petitioner must be conducted within the mandatory period specified in this the Revised Penal Code.
Act.
In the determination of the state of mind of the woman who was suffering from battered woman
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to syndrome at the time of the commission of the crime, the courts shall be assisted by expert
determine the basis of applications for a protection order under this Act shall have priority over all other psychiatrists/ psychologists.
proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for
a protection order under this Act above all other business and, if necessary, suspend other proceedings SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other
in order to hear applications for a protection order. mind-altering substance shall not be a defense under this Act.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and
Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial support of her child/children. Children below seven (7) years old older but with mental or physical
court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be disabilities shall automatically be given to the mother, with right to support, unless the court finds
punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that compelling reasons to order otherwise.
the offended party may file for any of the acts committed.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is
upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without suffering from Battered woman syndrome.
need of an application.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court observe the following duties when dealing with victims under this Act:
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.
a) communicate with the victim in a language understood by the woman or her child; and
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 b) inform the victim of her/his rights including legal remedies available and procedure, and
against women and their children. privileges for indigent litigants.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers
order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake shall have the following duties:
that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in (a) respond immediately to a call for help or request for assistance or protection of the victim
no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) by entering the necessary whether or not a protection order has been issued and ensure the
to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I). safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts. (d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) a call for help;
years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years. (f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence
by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just against women and their children shall have the following rights:
been committed, and there is imminent danger to the life or limb of the victim as defined in this
Act; and (a) to be treated with respect and dignity;
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare (b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public
Department of LGUs or accredited non-government organizations (NGOs). legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not (d) To be entitled to all legal remedies and support as provided for under the Family Code; and
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative (e) To be informed of their rights and the services available to them including their right to
liability. apply for a protection order.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who compensatory, moral and exemplary damages.
suspects abuse or has been informed by the victim of violence shall:
SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold
(a) properly document any of the victim's physical, emotional or psychological injuries; departure order in cases prosecuted under this Act.
(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an
examination or visit; indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an
(d) safeguard the records and make them available to the victim upon request at actual cost; application for a protection order, the court shall accept the application without payment of the filing fee
and and other fees and of transcript of stenographic notes.
(e) provide the victim immediate and adequate notice of rights and remedies provided under
this Act, and services available to them. 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
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and Violence Against Women and their children, hereinafter known as the Council, which shall be composed
LGUs shall establish programs such as, but not limited to, education and information campaign and of the following agencies:
seminars or symposia on the nature, causes, incidence and consequences of such violence particularly
towards educating the public on its social impacts.
(a) Department of Social Welfare and Development (DSWD);
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education (b) National Commission on the Role of Filipino Women (NCRFW);
and training of their officers and personnel on the prevention of violence against women and their (c) Civil Service Commission (CSC);
children under the Act. (d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an (g) Department of the Interior and Local Government (DILG);
application for a protection order shall not order, direct, force or in any way unduly influence he (h) Philippine National Police (PNP);
applicant for a protection order to compromise or abandon any of the reliefs sought in the application for (i) Department of Health (DOH);
protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and (j) Department of Education (DepEd);
413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under (k) Department of Labor and Employment (DOLE); and
this Act. (l) National Bureau of Investigation (NBI).

Failure to comply with this Section shall render the official or judge administratively liable. These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to the
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.
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 The Council members may designate their duly authorized representative who shall have a rank not
than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings
administrative liability resulting therefrom. 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 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be
victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation included in the annual General Appropriations Act (GAA).
programs and livelihood assistance.
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
The DOH shall provide medical assistance to victims. implement services for victim of violence against women and their children.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this
counseling and treatment to perpetrators towards learning constructive ways of coping with anger and Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives
emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations
Court to submit to psychiatric treatment or confinement. (IRR) of this Act.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other
Children Cases. – All agencies involved in responding to violence against women and their children applicable laws, shall have suppletory application.
cases shall be required to undergo education and training to acquaint them with:
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.
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and
children; regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
c. the services and facilities available to victims or survivors; accordingly.
d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and
e. techniques for handling incidents of violence against women and their children that minimize SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete
the likelihood of injury to the officer and promote the safety of the victim or survivor. publication in at least two (2) newspapers of general circulation.

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. Approved,
JOSE DE VENECIA JR. FRANKLIN DRILON
Speaker of the House of President of the Senate
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of
Representatives
absence up to ten (10) 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.
This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was
Any employer who shall prejudice the right of the person under this section shall be penalized in finally passed by the Senate and the House of Representatives on January 29, 2004 and February 2,
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, 2004, respectively.
an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act ROBERTO P. NAZARENO OSCAR G. YABES
shall likewise be liable for discrimination. Secretary General Secretary of Senate
House of Represenatives
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 Approved: March 08, 2004
public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or
causes to be published, in any format, the name, address, telephone number, school, business GLORIA MACAPAGAL-ARROYO
address, employer, or other identifying information of a victim or an immediate family member, without President of the Philippines
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).
Republic of the Philippines (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
Congress of the Philippines includes any of the following:
Metro Manila
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
Ninth Congress maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;

Republic Act No. 7610 June 17, 1992 (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter;
or
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES (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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: death.

ARTICLE I (c) "Circumstances which gravely threaten or endanger the survival and normal development
Title, Policy, Principles and Definitions of Terms of children" include, but are not limited to, the following;

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, (1) Being in a community where there is armed conflict or being affected by armed
Exploitation and Discrimination Act." conflict-related activities;

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the (2) Working under conditions hazardous to life, safety and normal which unduly
State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and interfere with their normal development;
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 (3) Living in or fending for themselves in the streets of urban or rural areas without the
situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child care of parents or a guardian or basic services needed for a good quality of life;
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 (4) Being a member of a indigenous cultural community and/or living under conditions
committed by the said parent, guardian, teacher or person having care and custody of the of extreme poverty or in an area which is underdeveloped and/or lacks or has
same.1awphi1@alf inadequate access to basic services needed for a good quality of life;

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered (5) Being a victim of a man-made or natural disaster or calamity; or
by circumstances which affect or will affect their survival and normal development and over which they
have no control.
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in (d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the coordinated program of services and facilities to protected children against:
welfare of children and enhance their opportunities for a useful and happy life.
(1) Child Prostitution and other sexual abuse;
Section 3. Definition of Terms. –
(2) Child trafficking;
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or (3) Obscene publications and indecent shows;
discrimination because of a physical or mental disability or condition;
(4) Other acts of abuses; and when the victim is under twelve (12) years of age shall be reclusion temporal in its medium
period; and
(5) Circumstances which threaten or endanger the survival and normal development
of children.1awphi1Ÿ (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
ARTICLE II entertainment or establishment serving as a cover or which engages in prostitution in addition
Program on Child Abuse, Exploitation and Discrimination to the activity for which the license has been issued to said establishment.

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution
by the Department of Justice and the Department of Social Welfare and Development in coordination under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found
with other government agencies and private sector concerned, within one (1) year from the effectivity of alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house,
this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under
publications and indecent shows; other acts of abuse; and circumstances which endanger child survival circumstances which would lead a reasonable person to believe that the child is about to be exploited in
and normal development. prostitution and other sexual abuse.

ARTICLE III There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
Child Prostitution and Other Sexual Abuse person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse. ARTICLE IV
Child Trafficking

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following: Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but shall be imposed in its maximum period when the victim is under twelve (12) years of age.
are not limited to, the following:
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking
(1) Acting as a procurer of a child prostitute; under Section 7 of this Act:1awphi1@alf

(2) Inducing a person to be a client of a child prostitute by means of written or oral (a) When a child travels alone to a foreign country without valid reason therefor and without
advertisements or other similar means; clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(c) When a person, agency, establishment or child-caring institution recruits women or couples
(4) Threatening or using violence towards a child to engage him as a prostitute; or to bear children for the purpose of child trafficking; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
intent to engage such child in prostitution. any other person simulates birth for the purpose of child trafficking; or

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited (e) When a person engages in the act of finding children among low-income families, hospitals,
in prostitution or subject to other sexual abuse; Provided, That when the victims is under clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, purpose of child trafficking.
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 A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7
hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place
Obscene Publications and Indecent Shows or establishment.

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, (e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live
or in video, or model in obscene publications or pornographic materials or to sell or distribute the said (1) Beg or use begging as a means of living;
materials shall suffer the penalty of prision mayor in its medium period.
(2) Act as conduit or middlemen in drug trafficking or pushing; or
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show
or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249,
period. 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the
crimes of murder, homicide, other 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
ARTICLE VI of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised
Other Acts of Abuse Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the
offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions than that imposed by law when the victim is under twelve (12) years age.
Prejudicial to the Child's Development. –
The victim of the acts committed under this section shall be entrusted to the care of the Department of
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be Social Welfare and Development.
responsible for other conditions prejudicial to the child's development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised ARTICLE VII
Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period. Sanctions for Establishments or Enterprises

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises
resort or similar places shall suffer the penalty of prision mayor in its maximum period and a which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene
fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not publications and indecent shows, and other acts of abuse shall be immediately closed and their
apply to any person who is related within the fourth degree of consanguinity or affinity or any authority or license to operate cancelled, without prejudice to the owner or manager thereof being
bond recognized by law, local custom and tradition or acts in the performance of a social, prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the
moral or legal duty. words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be less than one (1)
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to year, as the Department may determine. The unauthorized removal of such sign shall be punishable by
keep or have in his company a minor as provided in the preceding paragraph shall suffer the prision correccional.
penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos
(P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over constituting the same occur in the premises of said establishment under this Act or in violation of the
the minor. 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; exhibits children in a lewd
(d) Any person, owner, manager or one entrusted with the operation of any public or private or indecent show; provides child masseurs for adults of the same or opposite sex and said services
place of accommodation, whether for occupancy, food, drink or otherwise, including residential include any lascivious conduct with the customers; or solicits children or activities constituting the
places, who allows any person to take along with him to such place or places any minor herein aforementioned acts shall be deemed to have committed the acts penalized herein.
described shall be imposed a penalty of prision mayor in its medium period and a fine of not
ARTICLE VIII Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the
Working Children penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos
(P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both
Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this
except: Article, the offender's license to operate shall be revoked.

(1) When a child works directly under the sole responsibility of his parents or legal guardian ARTICLE IX
and where only members of the employer's family are employed: Provided, however, That his Children of Indigenous Cultural Communities
employment neither endangers his life, safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal guardian shall provide the said minor Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children
child with the prescribed primary and/or secondary education; or under this Act and 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
(2) When a child's employment or participation in public & entertainment or information through communities.
cinema, theater, radio or television is essential: Provided, The employment contract concluded
by the child's parent or guardian, with the express agreement of the child concerned, if Section 18. System of and Access to Education. – The Department of Education, Culture and Sports
possible, and the approval of the Department of Labor and Employment: Provided, That the shall develop and institute an alternative system of education for children of indigenous cultural
following requirements in all instances are strictly complied with: communities which culture-specific and relevant to the needs of and the existing situation in their
communities. The Department of Education, Culture and Sports shall also accredit and support non-
(a) The employer shall ensure the protection, health, safety and morals of the child; formal but functional indigenous educational programs conducted by non-government organizations in
said communities.
(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 Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to
working time; and; children of indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to children of
(c) The employer shall formulate and implement, subject to the approval and supervision of indigenous cultural communities, indigenous health practices shall be respected and recognized.
competent authorities, a continuing program for training and skill acquisition of the child.
Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to
In the above exceptional cases where any such child may be employed, the employer shall first secure, any and all forms of discrimination.
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement.
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
The Department of Labor Employment shall promulgate rules and regulations necessary for the than Ten thousand pesos (P10,000).
effective implementation of this Section.
Section 21. Participation. – Indigenous cultural communities, through their duly-designated or
Section 13. Non-formal Education for Working Children. – The Department of Education, Culture appointed representatives shall be involved in planning, decision-making implementation, and
and Sports shall promulgate a course design under its non-formal education program aimed at evaluation of all government programs affecting children of indigenous cultural communities. Indigenous
promoting the intellectual, moral and vocational efficiency of working children who have not undergone institution shall also be recognized and respected.
or finished elementary or secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances.
ARTICLE X
Children in Situations of Armed Conflict
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person
shall employ child models in all commercials or advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and violence. 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 children as zones of peace. To attain this objective, the following policies shall be
Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles observed.
108 and 109 of Presidential Decree No. 603.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
be protected from any form of threat, assault, torture or other cruel, inhumane or degrading committed the acts charged against him, the court shall determine the imposable penalty, including any
treatment; civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such child to the custody or care of the
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines Department of Social Welfare and Development or to any training institution operated by the
of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as Government, or duly-licensed agencies or any other responsible person, until he has had reached
guides, couriers, or spies; 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 whose care he has been committed.
(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
The aforesaid child shall subject to visitation and supervision by a representative of the Department of
Social Welfare and Development or any duly-licensed agency or such other officer as the court may
(d) The safety and protection of those who provide services including those involved in fact- designate subject to such conditions as it may prescribe.
finding missions from both government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the performance of their work;
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized
for military purposes such as command posts, barracks, detachments, and supply depots; and
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman
of the barangay affected by the armed conflict shall submit the names of children residing in said
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated barangay to the municipal social welfare and development officer within twenty-four (24) hours from the
due to armed conflict. occurrence of the armed conflict.

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during ARTICLE XI
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after Remedial Procedures
the safety and well-being of children during evacuation operations. Measures shall be taken to ensure
that children evacuated are accompanied by persons responsible for their safety and well-being.
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
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 (a) Offended party;
mothers and children shall be given additional food in proportion to their physiological needs. Whenever
feasible, children shall be given opportunities for physical exercise, sports and outdoor games. (b) Parents or guardians;

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who (c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is
entitled to the following rights; (d) Officer, social worker or representative of a licensed child-caring institution;

(a) Separate detention from adults except where families are accommodated as family units; (e) Officer or social worker of the Department of Social Welfare and Development;

(b) Immediate free legal assistance; (f) Barangay chairman; or

(c) Immediate notice of such arrest to the parents or guardians of the child; and (g) At least three (3) concerned responsible citizens where the violation occurred.

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under
Department of Social Welfare and Development or any responsible member of the community the protective custody of the Department of Social Welfare and Development pursuant to Executive
as determined by the court. 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 any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the ARTICLE XIII
public until the court acquires jurisdiction over the case. Final Provisions

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of
announcer or producer in case of television and radio broadcasting, producer and director of the film in Justice, in coordination with the Department of Social Welfare and Development, shall promulgate rules
case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this and regulations of the effective implementation of this Act.
Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the general circulation.
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, authorized to be appropriated in the General Appropriations Act of the year following its enactment into
election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, law and thereafter.
all courts shall give preference to the hearing or disposition of cases involving violations of this Act.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional,
ARTICLE XII the remaining provisions not affected thereby shall continue in full force and effect.
Common Penal Provisions
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts
Section 31. Common Penal Provisions. – are hereby repealed or modified accordingly.

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least
has been previously convicted under this Act; two (2) national newspapers of general circulation.

(b) When the offender is a corporation, partnership or association, the officer or employee Approved: June 17, 1992.
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its
maximum period;

(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 barred from entry to the country;

(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 the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be imposed; and

(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 member of his family if the latter is the perpetrator of the offense.
Republic of the Philippines In pursuance of this policy, the State reaffirms the right of women in all sectors to participate in policy
Congress of the Philippines formulation. planning, organization, implementation, management, monitoring, and evaluation of all
Metro Manila programs, projects, and services. It shall support policies, researches, technology, and training
programs and other support services such as financing, production, and marketing to encourage active
Fourteenth Congress participation of women in national development.
Second Regular Session
Section 3. Principles of Human Rights of Women. - Human rights are universal and inalienable. All
people in the world are entitled to them. The universality of human rights is encompassed in the words
of Article 1 of the Universal Declaration of Human Rights, which states that all human beings are free
and equal in dignity and rights.
Begun and held in Metro Manila, on Monday, the the twenty-eight day of July, two thousand eight.
Human rights are indivisible. Human rights are inherent to the dignity of every human being whether
they relate to civil, cultural, economic, political, or social issues.
Republic Act No. 9710 August 14, 2009
Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly or
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN in part, upon the fulfillment of others.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: All individuals are equal as human beings by virtue of the inherent dignity of each human person. No
one, therefore, should suffer discrimination on the basis of ethnicity, gender, age, language, sexual
Section 1. Short Title. - This Act shall be known as "The Magna Carta of Women". orientation, race, color, religion, political, or other opinion, national, social, or geographical origin,
disability, property, birth, or other status as established by human rights standards.
Section 2. Declaration of Policy. - Recognizing that the economic, political, and sociocultural realities
affect women's current condition, the State affirms the role of women in nation building and ensures the All people have the right to participate in and access information relating to the decision- making
substantive equality of women and men. It shall promote empowerment of women and pursue equal processes that affect their lives and well-being. Rights-based approaches require a high degree of
opportunities for women and men and ensure equal access to resources and to development results participation by communities, civil society, minorities, women, young people, indigenous peoples, and
and outcome. Further, the State realizes that equality of men and women entails the abolition of the other identified groups.
unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State
shall endeavor to develop plans, policies, programs, measures, and mechanisms to address States and other duty-bearers are answerable for the observance of human rights. They have to comply
discrimination and inequality in the economic, political, social, and cultural life of women and men. with the legal norms and standards enshrined in international human rights instruments in accordance
with the Philippine Constitution. Where they fail to do so, aggrieved rights-holders are entitled to institute
The State condemns discrimination against women in all its forms and pursues by all appropriate means proceedings for appropriate redress before a competent court or other adjudicator in accordance with
and without delay the policy of eliminating discrimination against women in keeping with the Convention the rules and procedures provided by law.
on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international
instruments consistent with Philippine law. The State shall accord women the rights, protection, and CHAPTER II
opportunities available to every member of society. DEFINITION OF TERMS

The State affirms women's rights as human rights and shall intensify its efforts to fulfill its duties under Section 4. Definitions. - For purposes of this Act, the following terms shall mean:
international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and
fundamental freedoms of women, especially marginalized women, in the economic, social, political,
cultural, and other fields without distinction or discrimination on account of class, age, sex, gender, (a) "Women Empowerment" refers to the provision, availability, and accessibility of
language, ethnicity, religion, ideology, disability, education, and status. The State shall provide the opportunities, services, and observance of human rights which enable women to actively
necessary mechanisms to enforce women's rights and adopt and undertake all legal measures participate and contribute to the political, economic, social, and cultural development of the
necessary to foster and promote the equal opportunity for women to participate in and contribute to the nation as well as those which shall provide them equal access to ownership, management, and
development of the political, economic, social, and cultural realms. control of production, and of material and informational resources and benefits in the family,
community, and society.
The State, in ensuring the full integration of women's concerns in the mainstream of development, shall
provide ample opportunities to enhance and develop their skills, acquire productive employment and (b) "Discrimination Against Women" refers to any gender-based distinction, exclusion, or
contribute to their families and communities to the fullest of their capabilities. restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment,
or exercise by women, irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic, social, cultural, (4) "Workers in the Formal Economy" refers to those who are employed by any
civil, or any other field. person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include the government and all its branches, subdivisions, and
It includes any act or omission, including by law; policy, administrative measure, or practice, instrumentalities, all government- owned and -controlled corporations and institutions,
that directly or indirectly excludes or restricts women in the recognition and promotion of their as well as nonprofit private institutions or organizations;
rights and their access to and enjoyment of opportunities, benefits, or privileges.
(5) "Workers in the Informal Economy" refers to self-employed, occasionally or
A measure or practice of general application is discrimination against women if it fails to personally hired, subcontracted, paid and unpaid family workers in household
provide for mechanisms to offset or address sex or gender-based disadvantages or limitations incorporated and unincorporated enterprises, including home workers, micro-
of women, as a result of which women are denied or restricted in the recognition and protection entrepreneurs and producers, and operators of sari-sari stores and all other
of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or categories who suffer from violation of workers' rights:
women, more than men, are shown to have suffered the greater adverse effects of those
measures or practices. (6) "Migrant Workers" refers to Filipinos who are to be engaged, are engaged, or have
been engaged in a remunerated activity in a State of which they are not legal
Provided, finally, That discrimination compounded by or intersecting with other grounds, status, residents, whether documented or undocumented;
or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination
against women under this Act. (7) "Indigenous Peoples" refers to a group of people or homogenous societies
identified by self-ascription and ascription by other, who have continuously lived as
(c) "Marginalization" refers to a condition where a whole category of people is excluded from organized community on communally bounded and defined territory, and who have,
useful and meaningful participation in political, economic, social, and cultural life. under claims of ownership since time immemorial, occupied; possessed customs,
tradition, and other distinctive cultural traits, or who have, through resistance to
political, social, and cultural inroads of colonization, non- indigenous religions and
(d) "Marginalized" refers to the basic, disadvantaged, or vulnerable persons or groups who are culture, became historically differentiated from the majority of Filipinos. They shall
mostly living in poverty and have little or no access to land and other resources, basic social likewise include peoples who are regarded as indigenous on account of their descent
and economic services such as health care, education, water and sanitation, employment and from the populations which inhabited the country, at the dime of conquest or
livelihood opportunities, housing, social security, physical infrastructure; and the justice colonization, or at the time of inroads of non-indigenous religions and cultures, or the
system. establishment of present state boundaries, who retain some or all of their own social,
economic, cultural, and political institutions, but who may have been displaced from
These include, but are not limited to, women in the following sectors and groups: their traditional domains or who may have resettled outside their ancestral domains
as defined under Section 3(h), Chapter II of Republic Act No. 8371, otherwise known
(1) "Small Farmers and Rural Workers" refers to those who are engaged directly or as "The Indigenous Peoples Rights Act of 1997" (IPRA of 1997);
indirectly in small farms and forest areas, workers in commercial farms and
plantations, whether paid or unpaid, regular or season-bound. These shall include. (8) "Moro" refers to native peoples who have historically inhabited Mindanao,
but are not limited to, (a) small farmers who own or are still amortizing for lands that is Palawan, and Sulu, and who are largely of the Islamic faith;
not more than three (3) hectares, tenants, leaseholders, and stewards; and (b) rural
workers who are either wage earners, self-employed, unpaid family workers directly (9) "Children" refers to those who are below eighteen (18) years of age or over but
and personally engaged in agriculture, small-scale mining, handicrafts, and other are unable to fully take care of themselves or protect themselves from abuse, neglect,
related farm and off-farm activities; cruelty, exploitation, or discrimination because of a physical or mental disability or
condition;
(2) "Fisherfolk" refers to those directly or indirectly engaged in taking, culturing, or
processing fishery or aquatic resources. These include, but are not to be limited to, (10) "Senior Citizens" refers to those sixty (60) years of age and above;
women engaged in fishing in municipal waters, coastal and marine areas, women
workers in commercial fishing and aquaculture, vendors and processors of fish and
coastal products, and subsistence producers such as shell-gatherers, managers, and (11) "Persons with Disabilities" refers to those who are suffering from restriction or
producers of mangrove resources, and other related producers: different abilities, as a result of a mental, physical, or sensory impairment to perform
an activity in the manner or within the range considered normal for a human being;
and
(3) "Urban Poor" refers to those residing in urban and urbanizable slum or blighted
areas, with or without the benefit of security of abode, where the income of the head
of the family cannot afford in a sustained manner to provide for the family's basic
needs of food, health, education, housing, and other essentials in life;
(12) "Solo Parents" refers to those who fall under the category of a solo parent (1) Physical, sexual, psychological, and economic violence occurring in the family,
defined under Republic Act No. 8972, otherwise known as the "Solo Parents Welfare including battering, sexual abuse of female children in the household, dowry-related
Act of 2000". violence, marital rape, and other traditional practices harmful to women, non-spousal
violence, and violence related to exploitation;
(e) "Substantive Equality" refers to the full and equal enjoyment of rights and freedoms
contemplated under this Act. It encompasses de jure and de facto equality and also equality in (2) Physical, sexual, and psychological violence occurring within the general
outcomes. community, including rape, sexual abuse, sexual harassment, and intimidation at
work, in educational institutions and elsewhere, trafficking in women, and prostitution;
(f) "Gender Equality" refers to the principle asserting the equality of men and women and their and
right to enjoy equal conditions realizing their full human potentials to contribute to and benefit
from the results of development, and with the State recognizing that all human beings are free (3) Physical, sexual, and psychological violence perpetrated or condoned by the
and equal in dignity and rights. State, wherever it occurs.

(g) "Gender Equity" refers to the policies, instruments, programs, services, and actions that It also includes acts of violence against women as defused in Republic Acts No. 9208 and
address the disadvantaged position of women in society by providing preferential treatment 9262.
and affirmative action. Such temporary special measures aimed at accelerating de
facto equality between men and women shall not be considered discriminatory but shall in no (l) "Women in the Military" refers to women employed in the military, both in the major and
way entail as a consequence the maintenance of unequal or separate standards. These technical services, who are performing combat and/or noncombat functions, providing security
measures shall be discontinued when the objectives of equality of opportunity and treatment to the State, and protecting the people from various forms of threat. It also includes women
have been achieved. trainees in all military training institutions.

(h) "Gender and Development (GAD)" refers to the development perspective and process that (m) "Social Protection" refers to policies and programs that seek to reduce poverty and
are participatory and empowering, equitable, sustainable, free from violence, respectful of vulnerability to risks and enhance the social status and rights of all women, especially the
human rights, supportive of self-determination and actualization of human potentials. It seeks marginalized by promoting and protecting livelihood and employment, protecting against
to achieve gender equality as a fundamental value that should be reflected in development hazards and sudden loss of income, and improving people's capacity to manage risk. Its
choices; seeks to transform society's social, economic, and political structures and questions components are labor market programs, social insurance, social welfare, and social safety
the validity of the gender roles they ascribed to women and men; contends that women are nets.
active agents of development and not just passive recipients of development assistance; and
stresses the need of women to organize themselves and participate in political processes to
strengthen their legal rights. CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
(i) "Gender Mainstreaming" refers to the strategy for making women's as well as men's
concerns and experiences an integral dimension of the design, implementation, monitoring, The State, private sector, society in general, and all individuals shall contribute to the recognition,
and evaluation of policies and programs in all political, economic, and societal spheres so that respect, and promotion of the rights of women defined and guaranteed under this Act.
women and men benefit equally and inequality is not perpetuated. It is the process of
assessing the implications for women and men of any planned action, including legislation, Section 5. The State as the Primary Duty-Bearer. - The State, as the primary duty-bearer, shall:
policies, or programs in all areas and at all levels.
(a) Refrain from discriminating against women and violating their rights;
(j) "Temporary Special Measures" refers to a variety of legislative, executive, administrative,
and regulatory instruments, policies, and practices aimed at accelerating this de facto equality (b) Protect women against discrimination and from violation of their rights by private
of women in specific areas. These measures shall not be considered discriminatory but shall in corporations, entities, and individuals; and
no way entail as a consequence the maintenance of unequal or separate standards. They shall
be discontinued when their objectives have been achieved.
(c) Promote and fulfill the rights of women in all spheres, including their rights to substantive
equality and non-discrimination.
(k) "Violence Against Women" refers to any act of gender-based violence that results in, or is
likely to result in, physical, sexual, or psychological harm or suffering to women, including
threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or The State shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines,
in private life. It shall be understood to encompass, but not limited to, the following: and other appropriate measures, including temporary special measures.
Recognizing the interrelation of the human rights of women, the State shall take measures and establish (d) All local government units shall establish a Violence Against Women's Desk in every barangay to
mechanisms to promote the coherent and integrated implementation, and enforcement of this Act and ensure that violence against women cases are fully addressed in a gender-responsive manner.
related laws, policies, or other measures to effectively stop discrimination against and advance the
rights of women. Section 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. - Women have
the right to protection and security in times of disasters, calamities, and other crisis situations especially
The State shall keep abreast with and be guided by progressive developments in human rights of in all phases of relief, recovery, rehabilitation, and construction efforts. The State shall provide for
women under international law and design of policies, laws, and other measures to promote the immediate humanitarian assistance, allocation of resources, and early resettlement, if necessary. It shall
objectives of this Act. also address the particular needs of women from a gender perspective to ensure their full protection
from sexual exploitation and other sexual and gender- based violence committed against them.
Section 6. Duties of the State Agencies and Instrumentalities. - These duties of the State shall Responses to disaster situations shall include the provision of services, such as psychosocial support,
extend to all state agencies, offices, and instrumentalities at all levels and government-owned and - livelihood support, education, psychological health, and comprehensive health services, including
controlled corporations, subject to the Constitution and pertinent laws, policies, or administrative protection during pregnancy.
guidelines that define specific duties of state agencies and entities concerned.
Section 11. Participation and Representation. - The State shall undertake temporary special
Section 7. Suppletory Effect. - This chapter shall be deemed integrated into and be suppletory to measures to accelerate the participation and equitable representation of women in all spheres of society
other provisions of this Act, particularly those that guarantee specific rights to women and define particularly in the decision-making and policy-making processes in government and private entities to
specific roles and require specific conduct of state organs. fully realize their role as agents and beneficiaries of development.

CHAPTER IV The State shall institute the following affirmative action mechanisms so that women can participate
RIGHTS AND EMPOWERMENT meaningfully in the formulation, implementation, and evaluation of policies, plans, and programs for
national, regional, and local development:
Section 8. Human Rights of Women. - All rights in the Constitution and those rights recognized under
international instruments duly signed and ratified by the Philippines, in consonance with Philippine law, (a) Empowerment within the Civil Service. - Within the next five (5) years, the number of
shall be rights of women under this Act to be enjoyed without discrimination. women in third (3rd) level positions in government shall be incrementally increased to achieve
a fifty-fifty (50-50) gender balance;
Section 9. Protection from Violence. - The State shall ensure that all women shall be protected from
all forms of violence as provided for in existing laws. Agencies of government shall give priority to the (b) Development Councils and Planning Bodies. - To ensure the participation of women in all
defense and protection of women against gender-based offenses and help women attain justice and levels of development planning and program implementation, at least forty percent (40%) of
healing. membership of all development councils from the regional, provincial, city, municipal and
barangay levels shall be composed of women;
Towards this end, measures to prosecute and reform offenders shall likewise be pursued.
(c) Other Policy and Decision-Making Bodies. - Women's groups shall also be represented in
international, national, and local special and decision-making bodies;
(a) Within the next five (5) years, there shall be an incremental increase in the recruitment and training
of women in the police force, forensics and medico-legal, legal services, and social work services
availed of by women who are victims of gender-related offenses until fifty percent (50%) of the (d) International Bodies. - The State shall take all appropriate measures to ensure the
personnel thereof shall be women. opportunity of women, on equal terms with men and without any discrimination, to represent
their governments at the international level and to participate in the work of international
organizations;
(b) Women shall have the right to protection and security in situations of armed conflict and
militarization. Towards this end, they shall be protected from all forms of gender-based violence,
particularly rape and other forms of sexual abuse, and all forms of violence in situations of armed (e) Integration of Women in Political Parties. - The State shall provide incentives to political
conflict. The State shall observe international standards for the protection of civilian population in parties with women's agenda. It shall likewise encourage the integration of women in their
circumstances of emergency and armed conflict. It shall not force women, especially indigenous leadership hierarchy, internal policy-making structures, appointive, and electoral nominating
peoples, to abandon their lands, territories, and means of subsistence, or relocate them in special processes; and
centers for military purposes under any discriminatory condition.
(f) Private Sector. - The State shall take measures to encourage women leadership in the
(c) All government personnel involved in the protection and defense of women against gender-based private sector in the form of incentives.
violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to this Act.
Section 12. Equal Treatment Before the Law. - The State shall take steps to review and, when Section 15. Women in the Military. - The State shall pursue appropriate measures to eliminate
necessary, amend and/or repeal existing laws that are discriminatory to women within three (3) years discrimination of women in the military, police, and other similar services, including revising or
from the effectivity of this Act. abolishing policies and practices that restrict women from availing of both combat and noncombat
training that are open to men, or from taking on functions other than administrative tasks, such as
Section 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and engaging in combat, security-related, or field operations. Women in the military shall be accorded the
Training. - (a) The State shall ensure that gender stereotypes and images in educational materials and same promotional privileges and opportunities as men, including pay increases, additional
curricula are adequately and appropriately revised. Gender-sensitive language shall be used at all remunerations and benefits, and awards based on their competency and quality of performance.
times. Capacity-building on gender and development (GAD), peace and human rights, education for Towards this end, the State shall ensure that the personal dignity of women shall always be respected.
teachers, and all those involved in the education sector shall be pursued toward this end. Partnerships
between and among players of the education sector, including the private sector, churches, and faith Women in the military, police, and other similar services shall be provided with the same right to
groups shall be encouraged. employment as men on equal conditions. Equally, they shall be accorded the same capacity as men to
act in and enter into contracts, including marriage.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be
encouraged. Further, women in the military, police; and other similar services shall be entitled to leave benefits such
as maternity leave, as provided for by existing laws.
(c) Expulsion and non-readmission of women faculty due to pregnant;- outside of marriage shall be
outlawed. No school shall turn out or refuse admission to a female student solely on the account of her Section 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. - The
having contracted pregnancy outside of marriage during her term in school. State shall formulate policies and programs for the advancement of women in collaboration with
government and nongovernment media-related organizations. It shall likewise endeavor to raise the
Section 14. Women in Sports. - The State shall develop, establish, and strengthen programs for the consciousness of the general public in recognizing the dignity of women and the role and contribution of
participation of women and girl-children in competitive and noncompetitive sports as a means to achieve women in the family; community, and the society through the strategic use of mass media.
excellence, promote physical and social well-being, eliminate gender-role stereotyping, and provide
equal access to the full benefits of development for all persons regardless of sex, gender identity, and For this purpose, the State shall ensure allocation of space; airtime, and resources, strengthen
other similar factors. programming, production, and image-making that appropriately present women's needs, issues, and
concerns in all forms of media, communication, information dissemination, and advertising.
For this purpose, all sports-related organizations shall create guidelines that will establish and integrate
affirmative action as a strategy and gender equality as a framework in planning and implementing their The State, in cooperation with all schools of journalism, information, and communication, as well as the
policies, budgets, programs, and activities relating to the participation of women and girls in sports. national media federations and associations, shall require all media organizations and corporations to
integrate into their human resource development components regular training on gender equality and
The State will also provide material and nonmaterial incentives to local government units, media gender-based discrimination, create and use gender equality guidelines in all aspects of management,
organizations, and the private sector for promoting, training, and preparing women and girls for training, production, information, dissemination, communication, and programming; and convene a
participation in competitive and noncompetitive sports, especially in local and international events, gender equality committee that will promote gender mainstreaming as a framework and affirmative
including, but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian Games, and the action as a strategy, and monitor and evaluate the implementation of gender equality guidelines.
Olympics.
Section 17. Women's Right to Health. - (a) Comprehensive Health Services. - The State shall, at all
No sports event or tournament will offer or award a different sports prize, with respect to its amount or times, provide for a comprehensive, culture-sensitive, and gender-responsive health services and
value, to women and men winners in the same sports category: Provided, That the said tournament, programs covering all stages of a woman's life cycle and which addresses the major causes of women's
contest, race, match, event, or game is open to both sexes: Provided, further, That the sports event or mortality and morbidity: Provided, That in the provision for comprehensive health services, due respect
tournament is divided into male or female divisions. shall be accorded to women's religious convictions, the rights of the spouses to found a family in
accordance with their religious convictions, and the demands of responsible parenthood, and the right of
women to protection from hazardous drugs, devices, interventions, and substances.
The State shall also ensure the safety and well-being of all women and girls participating in sports,
especially, but not limited to, trainees, reserve members, members, coaches, and mentors of national
sports teams, whether in studying, training, or performance phases, by providing them comprehensive Access to the following services shall be ensured:
health and medical insurance coverage, as well as integrated medical, nutritional, and healthcare
services. (1) Maternal care to include pre- and post-natal services to address pregnancy and infant
health and nutrition;
Schools, colleges, universities, or any other learning institution shall take into account its total women
student population in granting athletic scholarship. There shall be a pro rata representation of women in (2) Promotion of breastfeeding;
the athletic scholarship program based on the percentage of women in the whole student population.
(3) Responsible, ethical, legal, safe, and effective methods of family planning; Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations. - The State
shall take all appropriate measures to eliminate discrimination against women in all matters relating to
(4) Family and State collaboration in youth sexuality education and health services without marriage and family relations and shall ensure:
prejudice to the primary right and duty of parents to educate their children;
(a) the same rights to enter into and leave marriages or common law relationships referred to
(5) Prevention and management of reproductive tract infections, including sexually transmitted under the Family Code without prejudice to personal or religious beliefs;
diseases, HIV, and AIDS;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free
(6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and full consent. The betrothal and the marriage of a child shall have no legal effect;
and other gynecological conditions and disorders;
(c) the joint decision on the number and spacing of their children and to have access to the
(7) Prevention of abortion and management of pregnancy-related complications; information, education and means to enable them to exercise these rights;

(8) In cases of violence against women and children, women and children victims and (d) the same personal rights between spouses or common law spouses including the right to
survivors shall be provided with comprehensive health services that include psychosocial, choose freely a profession and an occupation;
therapeutic, medical, and legal interventions and assistance towards healing, recovery, and
empowerment; (e) the same rights for both spouses or common law spouses in respect of the ownership,
acquisition, management, administration, enjoyment, and disposition of property;
(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms
and medical standards; (f) the same rights to properties and resources, whether titled or not, and inheritance, whether
formal or customary; and
(10) Care of the elderly women beyond their child-bearing years; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality. The
(11) Management, treatment, and intervention of mental health problems of women and girls. State shall ensure in particular that neither marriage to an alien nor change of nationality by the
In addition, healthy lifestyle activities are encouraged and promoted through programs and husband during marriage shall automatically change the nationality of the wife, render her
projects as strategies in the prevention of diseases. stateless or force upon her the nationality of the husband. Various statutes of other countries
concerning dual citizenship that may be enjoyed equally by women and men shall likewise be
considered.
(b) Comprehensive Health Information and Education. - The State shall provide women in all sectors
with appropriate, timely, complete, and accurate information and education on all the above-stated
aspects of women's health in government education and training programs, with due regard to the Customary laws shall be respected: Provided, however, That they do not discriminate against women.
following:
CHAPTER V
(1) The natural and primary right and duty of parents in the rearing of the youth and the RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS
development of moral character and the right of children to be brought up in an atmosphere of
morality and rectitude for the enrichment and strengthening of character; Women in marginalized sectors are hereby guaranteed all civil, political, social, and economic rights
recognized, promoted, and protected under existing laws including, but not limited to, the Indigenous
(2) The formation of a person's sexuality that affirms human dignity; and Peoples Rights Act, the Urban Development and Housing Act, the Comprehensive Agrarian Reform
Law, the Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo Parents Welfare Act, and
the Social Reform and Poverty Alleviation Act.
(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.
Section 20. Food Security and Productive Resources. - The State recognizes the contribution of
Section 18. Special Leave Benefits for Women. - A woman employee having rendered continuous women to food production and shall ensure its sustainability and sufficiency with the active participation
aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled of women. Towards this end, the State shall guarantee, at all times, the availability in the market of safe
to a special leave benefit of two (2) months with full pay based on her gross monthly compensation and health-giving food to satisfy the dietary needs of the population, giving particular attention to the
following surgery caused by gynecological disorders. specific needs of poor girl-children and marginalized women, especially pregnant and lactating mothers
and their young children. To further address this, the State shall ensure:
(a) Right to Food. - The State shall guarantee the availability of food in quantity and quality (9) Women-friendly and sustainable agriculture technology shall be designed based
sufficient to satisfy the dietary needs of individuals, the physical and economic accessibility for on accessibility and viability in consultation with women's organizations;
everyone to adequate food that is culturally acceptable and free from unsafe substances and
culturally accepted, and the accurate and substantial information to the availability of food, (10) Access to small farmer-based and controlled seeds production and distribution
including the right to full, accurate, and truthful information about safe and health-giving foods shall be ensured and protected;
and how to produce and have regular and easy access to them;
(11) Indigenous practices of women in seed storage and cultivation shall be
(b) Right to Resources for Food Production. - The State shall guarantee women a vital role in recognized, encouraged, and protected;
food production by giving priority to their rights to land, credit, and infrastructure support,
technical training, and technological and marketing assistance. The State shall promote
women-friendly technology as a high priority activity in agriculture and shall promote the right (12) Equal rights shall be given to women to be members of farmers' organizations to
to adequate food by proactively engaging in activities intended to strengthen access to, ensure wider access to and control of the means of production;
utilization of, and receipt of accurate and substantial information on resources and means to
ensure women's livelihood, including food security: (13) Provide opportunities for empowering women fishers to be involved in the control
and management, not only of the catch and production of aquamarine resources but
(1) Equal status shall be given to women and men, whether married or not, in the also, to engage in entrepreneurial activities which will add value to production and
titling of the land and issuance of stewardship contracts and patents; marketing ventures; and

(2) Equal treatment shall be given to women and men beneficiaries of the agrarian (14) Provide economic opportunities for the indigenous women. particularly access to
reform program, wherein the vested right of a woman agrarian reform beneficiary is market for their produce.
defined by a woman's relationship to tillage, i.e., her direct and indirect contribution to
the development of the land; In the enforcement of the foregoing, the requirements of law shall be observed at all times.

(3) Customary rights of women to the land, including access to and control of the Section 21. Right to Housing. - The State shall develop housing programs for women that are
fruits and benefits, shall be recognized in circumstances where private ownership is localized, simple, accessible, with potable water, and electricity, secure, with viable employment
not possible, such as ancestral domain claims: opportunities and affordable amortization. In this regard, the State shall consult women and involve
them in community planning and development, especially in matters pertaining to land use, zoning, and
(4) Information and assistance in claiming rights to the land shall be made available to relocation.
women at all times;
Section 22. Right to Decent Work. - The State shall progressively realize and ensure decent work
(5) Equal rights to women to the enjoyment, use, and management of land, water, standards for women that involve the creation of jobs of acceptable quality in conditions of freedom,
and other natural resources within their communities or ancestral domains; equity, security, and human dignity.

(6) Equal access to the use and management of fisheries and aquatic resources, and (a) Decent work involves opportunities for work that are productive and fairly remunerative as family
all the rights and benefits accruing to stakeholders in the fishing industry; living wage, security in the workplace, and social protection for families, better prospects for personal
development and social integration, freedom for people to express their concerns organize, participate
in the decisions that affect their lives, and equality of opportunity and treatment for all women and men.
(7) Equal status shall be given to women and men in the issuance of stewardship or
lease agreements and other fishery rights that may be granted for the use and
management of coastal and aquatic resources. In the same manner, women's (b) The State shall further ensure:
organizations shall be given equal treatment as with other marginalized fishers
organizations in the issuance of stewardship or lease agreements or other fishery (1) Support services and gears to protect them from occupational and health hazards taking
rights for the use and management of such coastal and aquatic resources which may into account women's maternal functions;
include providing support to women-engaged coastal resources;
(2) Support services that will enable women to balance their family obligations and work
(8) There shall be no discrimination against women in the deputization of fish responsibilities including, but not limited to, the establishment of day care centers and breast-
wardens; feeding stations at the workplace, and providing maternity leave pursuant to the Labor Code
and other pertinent laws;
(3) Membership in unions regardless of status of employment and place of employment; and (a) The Social Security System (SSS) and the Philippine Health Insurance Corporation
(PhilHealth) shall support indigenous and community-based social protection schemes.
(4) Respect for the observance of indigenous peoples' cultural practices even in the workplace.
(b) The State shall institute policies and programs that seek to reduce the poverty and
(c) In recognition of the temporary nature of overseas work, the State shall exert all efforts to address vulnerability to risks and enhance the social status and rights of the marginalized women by
the causes of out-migration by developing local employment and other economic opportunities for promoting and protecting livelihood and employment, protecting against hazards and sudden;
women and by introducing measures to curb violence and forced and involuntary displacement of local loss of income, and improving people's capacity to manage risks.
women. The State shall ensure the protection and promotion of the rights and welfare of migrant women
regardless of their work status, and protect them against discrimination in wages, conditions of work, (c) The State shall endeavor to reduce and eventually eliminate transfer costs of remittances
and employment opportunities in host countries. from abroad through appropriate bilateral and multilateral agreements. It shall likewise provide
access to investment opportunities for remittances in line with national development efforts.
Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State shall ensure that
women are provided with the following: (d) The State shall establish a health insurance program for senior citizens and indigents.

(a) Equal access to formal sources of credit and capital; (e) The State shall support women with disabilities on a community-based social protection
scheme.
(b) Equal share to the produce of farms and aquatic resources; and
Section 28. Recognition and Preservation of Cultural Identity and Integrity. - The State shall
(c) Employment opportunities for returning women migrant workers taking into account their recognize and respect the rights of Moro and indigenous women to practice, promote, protect, and
skills and qualifications. Corollarily, the State shall also promote skills and entrepreneurship preserve their own culture, traditions, and institutions and to consider these rights in the formulation and
development of returning women migrant workers. implementation of national policies and programs. To this end, the State shall adopt measures in
consultation with the sectors concerned to protect their rights to their indigenous knowledge systems
and practices, traditional livelihood, and other manifestations of their cultures and ways of life: Provided,
Section 24. Right to Education and Training. - The State shall ensure the following: That these cultural systems and practices are not discriminatory to women.

(a) Women migrant workers have the opportunity to undergo skills training, if they so desire, Section 29. Peace and Development. - The peace process shall be pursued with the following
before taking on a foreign job, and possible retraining upon return to the country: considerations:

(b) Gender-sensitive training and seminars; and (a) Increase the number of women participating in discussions and decision-making in the
peace process, including membership in peace panels recognizing women's role in conflict-
(c) Equal opportunities in scholarships based on merit and fitness, especially to those prevention and peace-making and in indigenous system of conflict resolution;
interested in research and development aimed towards women-friendly farm technology.
(b) Ensure the development and inclusion of women's welfare and concerns in the peace
Section 25. Right to Representation and Participation. - The State shall ensure women's agenda in the overall peace strategy and women's participation in the planning,
participation in policy-making or decision-making bodies in the regional, national, and international implementation, monitoring, and evaluation of rehabilitation and rebuilding of conflict-affected
levels. It shall also ensure the participation of grassroots women leaders in decision and policy-making areas;
bodies in their respective sectors including, but not limited to, the Presidential Agrarian Reform Council
(PARC) and its local counterparts; community-based resource management bodies or mechanisms on (c) The institution of measures to ensure the protection of civilians in conflict-affected
forest management and stewardship; the National Fisheries and Aquatic Resources Management communities with special consideration for the specific needs of women and girls:
Council (NFARMC) and its local counterparts; the National Commission on Indigenous Peoples; the
Presidential Commission for the Urban Poor; the National Anti-Poverty Commission; and, where
applicable, the local housing boards. (d) Include the peace perspective in the education curriculum and other educational
undertakings; and
Section 26. Right to Information. - Access to information regarding policies on women, including
programs, projects, and funding outlays that affect them, shall be ensured. (e) The recognition and support for women's role in conflict-prevention, management,
resolution and peacemaking, and in indigenous systems of conflict resolution.
Section 27. Social Protection. -
Section 30. Women in Especially Difficult Circumstances. - For purposes of this Act, "Women in Section 33. Protection of Senior Citizens. - The State shall protect women senior citizens from
Especially Difficult Circumstances" (WEDC) shall refer to victims and survivors of sexual and physical neglect, abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this end, the
abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and State shall ensure special protective mechanisms and support services against violence, sexual abuse,
survivors of rape and incest, and such other related circumstances which have incapacitated them exploitation, and discrimination of older women.
functionally. Local government units are therefore mandated to deliver the necessary services and
interventions to WEDC under their respective jurisdictions. Section 34. Women are entitled to the recognition and protection of their rights defined and guaranteed
under this Act including their right to nondiscrimination.
Section 31. Services and Interventions. - WEDC shall be provided with services and interventions as
necessary such as, but not limited to, the following: Section 35. Discrimination Against Women is Prohibited. - Public and private entities and
individuals found to have committed discrimination against women shall be subject to the sanctions
(a) Temporary and protective custody; provided in Section 41 hereof. Violations of other rights of women shall be subject to sanctions under
pertinent laws and regulations.
(b) Medical and dental services;
CHAPTER VI
(c) Psychological evaluation; INSTITUTIONAL MECHANISMS

(d) Counseling; Section 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women. -
Within a period prescribed in the implementing rules and regulations, the National Commission on the
Role of Filipino Women (NCRFW) shall assess its gender mainstreaming program for consistency with
(e) Psychiatric evaluation; the standards under this Act. It shall modify the program accordingly to ensure that it will be an effective
strategy for implementing this Act and attaining its objectives.
(f) Legal services;
All departments, including their attached agencies, offices, bureaus, state universities and colleges,
(g) Productivity skills capability building; government-owned and -controlled corporations, local government units, and other government
instrumentalities shall adopt gender mainstreaming as a strategy to promote women's human rights and
(h) Livelihood assistance; eliminate gender discrimination in their systems, structures, policies, programs, processes, and
procedures which shall include, but not limited to, the following:

(i) Job placement;


(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs addressing gender
issues and concerns shall be designed and implemented based on the mandate of government
(j) Financial assistance: and agencies and local government units, Republic Act No. 7192, gender equality agenda of the
government and other GAD-related legislation, policies, and commitments. The development
(k) Transportation assistance. of GAD programs shall proceed from the conduct of a gender audit of the agency or the local
government unit and a gender analysis of its policies, programs, services and the situation of
its clientele; the generation and review of sex-disaggregated data; and consultation with
Section 32. Protection of Girl-Children. - (a) The State shall pursue measures to eliminate all forms of
gender/women's rights advocates and agency/women clientele. The cost of implementing GAD
discrimination against girl-children in education, health and nutrition, and skills development.
programs shall be the agency's or the local government unit's GAD budget which shall be at
least five percent (5%) of the agency's or the local government unit's total budget
(b) Girl-children shall be protected from all forms of abuse and exploitation. appropriations.

(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living culture and Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and
traditions, and the regular schools shall be ensured. Nation Building Act, which allocates five percent (5%) to thirty percent (30%) of overseas
development assistance to GAD, government agencies receiving official development
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and assistance should ensure the allocation and proper utilization of such funds to gender-
schools of living culture and traditions shall be developed. responsive programs that complement the government GAD funds and annually report
accomplishments thereof to the National Economic and Development Authority (NEDA) and
the Philippine Commission on Women (PCW).
(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as fasting in the
month of Ramadan, choice of clothing (including the wearing of hijab), and availability of halal food shall
be ensured.
The utilization and outcome of the GAD budget shall be annually monitored and evaluated in The tasks and functions of the members of the GFP shall form part of their regular key result
terms of its success in influencing the gender-responsive implementation of agency programs areas and shall be given due consideration in their performance evaluation.
funded by the remaining ninety-five percent (95%) budget.
(c) Generation and Maintenance of GAD Database. All departments, including their attached
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD budget agencies, offices, bureaus, state universities and colleges, government-owned and - controlled
for the purpose of determining its judicious use and the efficiency, and effectiveness of corporations, local government units, and other government instrumentalities shall develop and
interventions in addressing gender issues towards the realization of the objectives of the maintain a GAD database containing gender statistics and sexdisaggregated data that have
country's commitments, plans, and policies on women empowerment, gender equality, and been systematically gathered, regularly updated; and subjected to; gender analysis for
GAD. planning, programming, and policy formulation.

Local government units are also encouraged to develop and pass a GAD Code based on the Section 37. Gender Focal Point Officer in Philippine Embassies and Consulates. - An officer duly
gender issues and concerns in their respective localities based on consultation with their trained on GAD shall be designated as the gender focal point in the consular section of Philippine
women constituents and the women's empowerment and gender equality agenda of the embassies or consulates. Said officer shall be primarily responsible in handling gender concerns of
government. The GAD Code shall also serve as basis for identifying programs, activities, and women migrant workers. Attached agencies shall cooperate in strengthening the Philippine foreign
projects on GAD. posts' programs for the delivery of services to women migrant workers.

Where needed, temporary gender equity measures shall be provided for in the plans of all Section 38. National Commission on the Role of Filipino Women (NCRFW). - The National
departments, including their attached agencies, offices, bureaus, state universities and Commission on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine Commission
colleges, government-owned and -controlled corporations, local government units, and other on Women (PCW), the primary policymaking and coordinating body of the women and gender equality
government instrumentalities. concerns under the Office of the President. The PCW shall be the overall monitoring body and oversight
to ensure the implementation of this Act. In doing so, the PCW may direct any government agency and
To move towards a more sustainable, gender-responsive, and performance-based planning instrumentality, as may be necessary, to report on the implementation of this Act and for them to
and budgeting, gender issues and concerns shall be integrated in, among others, the following immediately respond to the problems brought to their attention in relation to this Act. The PCW shall
plans: also lead in ensuring that government agencies are capacitated on the effective implementation of this
Act. The chairperson shall likewise report to the President in Cabinet meetings on the implementation of
this Act.
(1) Macro socioeconomic plans such as the Medium-Term Philippine Development
Plan and Medium-Term Philippine Investment Plan;
To the extent possible, the PCW shall influence the systems, processes, and procedures of the
executive, legislative, and judicial branches of government vis-a-vis GAD to ensure the implementation
(2) Annual plans of all departments, including their attached agencies, offices, of this Act.
bureaus, state universities and colleges, and government-owned and -controlled
corporations; and
To effectively and efficiently undertake and accomplish its functions, the PCW shall revise its structure
and staffing pattern with the assistance of the Department of Budget and Management.
(3) Local plans and agenda such as executive-legislative agenda, comprehensive
development plan (CDP), comprehensive land use plan (CLUP), provincial
development and physical framework plan (PDPFP), and annual investment plan. Section 39. Commission on Human Rights (CHR). - The Commission, acting as the Gender and
Development Ombud, consistent with its mandate, shall undertake measures such as the following:
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including
their attached agencies, offices, bureaus, state universities and colleges, government- owned (a) Monitor with the PCW and other state agencies, among others, in developing indicators and
and -controlled corporations, local government units, and other government instrumentalities guidelines to comply with their duties related to the human rights of women, including their right
shall establish or strengthen their GAD Focal Point System or similar GAD mechanism to to nondiscrimination guaranteed under this Act;
catalyze and accelerate gender mainstreaming within the agency or local government unit.
(b) Designate one (1) commissioner and/or its Women's Human Rights Center to be primarily
The GAD Focal Point System shall be composed of the agency head or local chief executive, responsible for formulating and implementing programs and activities related to the promotion
an executive committee with an Undersecretary (or its equivalent), local government unit and protection of the human rights of women, including the investigations and complaints of
official, or office in a strategic decision-making position as Chair; and a technical working group discrimination and violations of their rights brought under this Act and related laws and
or secretariat which is composed of representatives from various divisions or offices within the regulations;
agency or local government unit.
(c) Establish guidelines and mechanisms, among others, that will facilitate access of women to Section 43. Funding. - The initial funding requirements for the implementation of this Act shall be
legal remedies under this Act and related laws, and enhance the protection and promotion of charged against the current appropriations of the agencies concerned. Thereafter, such sums as may
the rights of women, especially marginalized women; be necessary for the implementation of this Act shall be included in the agencies' yearly budgets under
the General Appropriations Act.
(d) Assist in the filing of cases against individuals, agencies, institutions, or establishments that
violate the provisions of this Act; and The State shall prioritize allocation of all available resources to effectively fulfill its obligations specified
under this Act. The State agencies' GAD budgets, which shall be at least five percent (5%) of their total
(e) Recommend to the President of the Philippines or the Civil Service Commission any budgetary allocation, shall also be utilized for the programs and activities to implement this Act.
possible administrative action based on noncompliance or failure to implement the provisions
of this Act. Section 44. Implementing Rules and Regulations. - As the lead agency, the PCW shall, in
coordination with the Commission on Human Rights and all concerned government departments and
Section 40. Monitoring Progress and Implementation and Impact of this Act. - The PCW, in agencies including, as observers, both Houses of Congress through the Committee on Youth, Women
coordination with other state agencies and the CHR, shall submit to Congress regular reports on the and Family Relations (Senate) and the Committee on Women and Gender Equality (House of
progress of the implementation of this Act highlighting the impact thereof on the status and human rights Representatives) and with the participation of representatives from nongovernment organizations
of women: Provided, That the second report shall include an assessment of the effectiveness of this Act (NGOs) and civil society groups with proven track record of involvement and promotion of the rights and
and recommend amendments to improve its provisions: Provided, finally, That these reports shall be welfare of Filipino women and girls identified by the PCW, formulate the implementing rules and
submitted to Congress every three (3) years or as determined in the implementing rules and regulations (IRR) of this Act within one hundred eighty (180) days after its effectivity.
regulations.
Section 45. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the
Section 41. Penalties. - Upon finding of the CHR that a department, agency, or instrumentality of remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
government, government-owned and -controlled corporation, or local government unit has violated any
provision of this Act and its implementing rules and regulations, the sanctions under administrative law, Section 46. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
civil service, or other appropriate laws shall be recommended to the Civil Service Commission and/or instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the provisions of this
the Department of the Interior and Local Government. The person directly responsible for the violation Act is hereby repealed, modified, or amended accordingly.
as well as the head of the agency or local chief executive shall be held liable under this Act.
Section 47. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at
If the violation is committed by a private entity or individual, the person directly responsible for the least two (2) newspapers of general circulation.
violation shall be liable to pay damages.
Approved,
Filing a complaint under this Act shall not preclude the offended party from pursuing other remedies
available under the law and to invoke any of the provisions of existing laws especially those recently
(Sgd.) PROSPERO C. (Sgd.) JUAN PONCE ENRILE
enacted laws protecting women and children, including the Women in Development and Nation Building
NOGRALES President of the Senate
Act (Republic Act No. 7192), the Special Protection of Children Against Child Abuse, Exploitation and
Speaker of the House of
Discrimination Act (Republic Act No. 7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No.
Representatives
7877), the Anti-Rape Law of 1997 (Republic Act No. 8353), the Rape Victim Assistance and Protection
Act of 1998 (Republic Act No. 8505), the Anti-Trafficking in Persons Act of 2003 (Republic Act No.
9208) and the Anti- Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262). If This Act which is a consolidation of Senate Bill No. 2396 and House Bill No. 4273 was finally passed by
violence has been proven to be perpetrated by agents of the State including, but not limited to, the Senate and the House of Representatives on May 19, 2009 and May 20, 2009, respectively.
extrajudicial killings, enforced disappearances, torture, and internal displacements, such shall be
considered aggravating offenses with corresponding penalties depending on the severity of the
offenses. (Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of Senate
House of Represenatives
Section 42. Incentives and Awards. - There shall be established an incentives and awards system
which shall be administered by a board under such rules and regulations as may be promulgated by the
PCW to deserving entities, government agencies, and local government units for their outstanding Approved: August 14, 2009
performance in upholding the rights of women and effective implementation of gender-responsive
programs. (Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic of the Philippines "(b) To give full support to the improvement of the total well-being of the elderly and
CONGRESS OF THE PHILIPPINES their full participation in society, considering that senior citizens are integral part of
Metro Manila Philippine society;

Fourteenth Congress "(c) To motivate and encourage the senior citizens to contribute to nation building;
Third Regular Session
"(d) To encourage their families and the communities they live with to reaffirm the
valued Filipino tradition of caring for the senior citizens;

"(e) To provide a comprehensive health care and rehabilitation system for disabled
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. senior citizens to foster their capacity to attain a more meaningful and productive
ageing; and
Republic Act No. 9994
"(f) To recognize the important role of the private sector in the improvement of the
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER welfare of senior citizens and to actively seek their partnership.
AMENDING REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO
MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS "In accordance with these objectives, this Act shall:
AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
"(1) establish mechanisms whereby the contributions of the senior citizens are
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: maximized;

Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of 2010." "(2) adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole;
Section 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise
known as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows: "(3) establish a program beneficial to the senior citizens, their families and the rest of
the community they serve: and
"SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of the Republic of
the Philippines, it is the declared policy of the State to promote a just and dynamic social order that will "(4) establish community-based health and rehabilitation programs for senior citizens
ensure the prosperity and independence of the nation and free the people from poverty through policies in every political unit of society."
that provide adequate social services, promote full employment, a rising standard of living and an
improved quality of life. In the Declaration of Principles and State Policies in Article II, Sections 10 and Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise
11, it is further declared that the State shall provide social justice in all phases of national development known as the Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
and that the State values the dignity of every human person and guarantees full respect for human
rights.
SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:
"Article XIII, Section 11 of the Constitution provides that the Sate shall adopt an integrated and
comprehensive approach to health development which shall endeavor to make essential goods, health "(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least
and other social services available to all the people at affordable cost. There shall be priority for the sixty (60) years old;
needs of the underprivileged, sick, elderly, disabled, women and children. Article XV, Section 4 of the
Constitution Further declares that it is the duty of the family to take care of its elderly members while the "(b) Geriatrics refer to the branch of medical science devoted to the study of the
State may design programs of social security for them. biological and physical changes and the diseases of old age;

"Consistent with these constitutional principles, this Act shall serve the following objectives: "(c) Lodging establishment refers to a building, edifice, structure, apartment or house
including tourist inn, apartelle, motorist hotel, and pension house engaged in catering,
"(a) To recognize the rights of senior citizens to take their proper place in society and leasing or providing facilities to transients, tourists or travelers;
make it a concern of the family, community, and government;
"(d) Medical Services refer to hospital services, professional services of physicians "(3) on the professional fees of licensed professional health providing home health
and other health care professionals and diagnostics and laboratory tests that the care services as endorsed by private hospitals or employed through home health care
necessary for the diagnosis or treatment of an illness or injury; employment agencies;

"(e) Dental services to oral examination, cleaning, permanent and temporary filling, "(4) on medical and dental services, diagnostic and laboratory fees in all private
extractions and gum treatments, restoration, replacement or repositioning of teeth, or hospitals, medical facilities, outpatient clinics, and home health care services, in
alteration of the alveolar or periodontium process of the maxilla and the mandible that accordance with the rules and regulations to be issued by the DOH, in coordination
are necessary for the diagnosis or treatment of an illness or injury; with the Philippine Health Insurance Corporation (PhilHealth);

"(f) Nearest surviving relative refers to the legal spouse who survives the deceased "(5) in actual fare for land transportation travel in public utility buses (PUBs), public
senior citizen: Provided, That where no spouse survives the decedent, this shall be utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public
limited to relatives in the following order of degree of kinship: children, parents, railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine
siblings, grandparents, grandchildren, uncles and aunts; National Railways (PNR);

"(g) Home health care service refers to health or supportive care provided to the "(6) in actual transportation fare for domestic air transport services and sea shipping
senior citizen patient at home by licensed health care professionals to include, but not vessels and the like, based on the actual fare and advanced booking;
limited to, physicians, nurses, midwives, physical therapist and caregivers; and
"(7) on the utilization of services in hotels and similar lodging establishments,
"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, restaurants and recreation centers;
and without pension or permanent source of income, compensation or financial
assistance from his/her relatives to support his/her basic needs, as determined by the "(8) on admission fees charged by theaters, cinema houses and concert halls,
Department of Social Welfare and development (DSWD) in consultation with the circuses, leisure and amusement; and
National Coordinating and Monitoring Board."
"(9) on funeral and burial services for the death of senior citizens;
Section 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known
as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"(b) exemption from the payment of individual income taxes of senior citizens who are considered to be
minimum wage earners in accordance with Republic Act No. 9504;
"SEC. 4. Privileges for the Senior Citizens. -
"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and
The senior citizens shall be entitled to the following: electricity supplied by the public utilities: Provided, That the individual meters for the foregoing utilities
are registered in the name of the senior citizen residing therein: Provided, further, That the monthly
"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic
applicable, on the sale of the following goods and services from all establishments, for the exclusive use meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household regardless
and enjoyment or availment of the senior citizen of the number of senior citizens residing therein;

"(1) on the purchase of medicines, including the purchase of influenza and "(d) exemption from training fees for socioeconomic programs;
pnuemococcal vaccines, and such other essential medical supplies, accessories and
equipment to be determined by the Department of Health (DOH). "(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays,
computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to
"The DOH shall establish guidelines and mechanism of compulsory rebates in the be issued by the DOH in coordination with the PhilHealth;
sharing of burden of discounts among retailers, manufacturers and distributors, taking
into consideration their respective margins; "(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for
indigent senior citizen patients;
"(2) on the professional fees of attending physician/s in all private hospitals, medical
facilities, outpatient clinics and home health care services; "(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational
and technical education, as well as short-term courses for retooling in both public and private schools
through provision of scholarships, grants, financial aids, subsides and other incentives to qualified
senior citizens, including support for books, learning materials, and uniform allowances, to the extent "SEC. 5. Government Assistance. - The government shall provide the following:
feasible: Provided, That senior citizens shall meet minimum admission requirements;
"(a) Employment
"(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by
the Government Service Insurance System (GSIS), the Social Security System (SSS) and the PAG- "Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided
IBIG, as the case may be, as are enjoyed by those in actual service; information and matching services to enable them to be productive members of society. Terms of
employment shall conform with the provisions of the Labor Code, as amended, and other laws, rules
"(i) retirement benefits of retirees from both the government and the private sector shall be regularly and regulations.
reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and
feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service; "Private entities that will employ senior citizens as employees, upon the effectivity of this Act, shall be
entitled to an additional deduction from their gross income, equivalent to fifteen percent (15%) of the
"(j) to the extent possible, the government may grant special discounts in special programs for senior total amount paid as salaries and wages to senior citizens, subject to the provision of Section 34 of the
citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the NIRC, as amended: Provided, however, That such employment shall continue for a period of at least six
Department of Trade and Industry (DTI) and the Department of Agriculture (DA); (6) months: Provided, further, That the annual income of the senior citizen does not exceed the latest
poverty threshold as determined by the National Statistical Coordination Board (NSCB) of the National
"(k) provision of express lanes for senior citizens in all commercial and government establishments; in Economic and Development Authority (NEDA) for that year.
the absence thereof, priority shall be given to them; and
"The Department of Labor and Employment (DOLE), in coordination with other government agencies
"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the such as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department
nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments of Trade and Industry (DTI), shall assess, design and implement training programs that will provide
due to inflation in accordance with the guidelines to be issued by the DSWD.1avvphi1 skills and welfare or livelihood support for senior citizens.

"In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized "(b) Education
representative, may submit as proof of his/her entitled thereto any of the following:
"The Department of Education (DepED), the Technical Education and Skills Development Authority
"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of (TESDA) and the Commission on Higher Education (CHED), in consultation with nongovernmental
the place where the senior citizen resides: Provided, That the identification card organizations (NGOs) and people's organizations (POs) for senior citizens, shall institute programs that
issued by the particular OSCA shall be honored nationwide; will ensure access to formal and nonformal education.

"(2) the passport of the senior citizen concerned; and "(c) Health

"(3) other documents that establish that the senior citizen is a citizen of the Republic "The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens, shall
and is at least sixty (60) years of age as further provided in the implementing rules institute a national health program and shall provide an integrated health service for senior citizens. It
and regulations. shall train community-based health workers among senior citizens and health personnel to specialize in
the geriatric care and health problems of senior citizens.
"In the purchase of goods and services which are on promotional discount, the senior citizen can avail
of the promotional discount or the discount provided herein, whichever is higher. "The national health program for senior citizens shall, among others, be harmonized with the National
Prevention of Blindness Program of the DOH.
"The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax
deduction based on the cost of the goods sold or services rendered: Provided, That the cost of the "Throughout the country, there shall be established a "senior citizens' ward" in every government
discount shall be allowed as deduction from gross income for the same taxable year that the discount is hospital. This geriatric ward shall be for the exclusive use of senior citizens who are in need of hospital
granted: Provided, further, That the total amount of the claimed tax deduction net of VAT, if applicable, confinement by reason of their health conditions. However, when urgency of public necessity purposes
shall be included in their gross sales receipts for tax purposes and shall be subject to proper so require, such geriatric ward may be used for emergency purposes, after which, such "senior citizens'
documentation and to the provisions of the National Internal Revenue Code (NICR), as amended." ward" shall be reverted to its nature as geriatric ward.

Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows: "(d) Social Services
"At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and "Indigent senior citizens shall be entitled to a monthly stipend amounting to Five
telephone by the senior citizens center and residential care/group homes that are government-run or hundred pesos (Php500.00) to augment the daily subsistence and other medical
non-stock, non-profit domestic corporation organized and operated primarily for the purpose of needs of senior citizens, subject to a review every two (2) years by Congress, in
promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens, subject to consultation with the DSWD.
the guidelines formulated by the DSWD.
"(2) Mandatory PhilHealth Coverage
"(1) "self and social enhancement services" which provide senior citizens
opportunities for socializing, organizing, creative expression, and self-improvement; "All indigent senior citizens shall be covered by the national health insurance program
of PhilHealth. The LGUs where the indigent senior citizens resides shall allocate the
"(2) "after care and follow-up services" for citizens who are discharged from the necessary funds to ensure the enrollment of their indigent senior citizens in
homes or institutions for the aged, especially those who have problems of accordance with the pertinent laws and regulations.
reintegration with family and community, wherein both the senior citizens and their
families are provided with counseling; "(3) Social Safety Nets

"(3) "neighborhood support services" wherein the community or family members "Social safety assistance intended to cushion the effects of economics shocks, disasters and calamities
provide caregiving services to their frail, sick, or bedridden senior citizens; and shall be available for senior citizens. The social safety assistance which shall include, but not limited to,
food, medicines, and financial assistance for domicile repair, shall be sourced from the disaster/calamity
"(4) "substitute family care " in the form of residential care or group homes for the funds of LGUs where the senior citizens reside, subject to the guidelimes to be issued by the DSWD."
abandoned, neglected, unattached or homeless senior citizens and those incapable
of self-care. Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:

"(e) Housing SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be established in all cities and
municipalities an OSCA to be headed by a senior citizen who shall be appointed by the mayor for a term
"The national government shall include in its national shelter program the special housing needs of of three (3) years without reappointment but without prejudice to an extension if exigency so requires.
senior citizens, such as establishment of housing units for the elderly. Said appointee shall be chosen from a list of three (3) nominees as recommended by a general
assembly of senior citizens organizations in the city or municipality.
"(f) Access to Public Transport
"The head of the OSCA shall be appointed to serve the interest of senior citizens and shall not be
"The Department of Transportation and Communications (DOTC) shall develop a program to assist removed or replaced except for reasons of death permanent disability or ineffective performance of his
senior citizens to fully gain access to public transport facilities. duties to the detriment of fellow senior citizens.

"(g) Incentive for Foster Care "The head of the OSCA shall be entitled to receive an honorarium of an amount at least equivalent to
Salary Grade 10 to be approved by the LGU concerned.
"The government shall provide incentives to individuals or nongovernmental institution caring for or
establishing homes, residential communities or retirement villages solely for, senior citizens, as follows: "The head of the OSCA shall be assisted by the City Social Welfare and Development officer or by the
Municipal Social Welfare and Development Officer, in coordination with the Social Welfare and
Development Office.
"(1) realty tax holiday for the first five (5) years starting from the first year of operation;
and
"The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and
programs for senior citizens. The OSCA shall work together and establish linkages with accredited
"(2) priority in the construction or maintenance of provincial or municipal roads leading NGOs Pos and the barangays in their respective areas.
to the aforesaid home, residential community or retirement village.
"The OSCA shall have the following functions:
"(h) Additional Government Assistance
"(a) To plan, implement and monitor yearly work programs in pursuance of the
"(1) Social Pension objectives of this Act;
"(b) To draw up a list of available and required services which can be provided by the "Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may
senior citizens; also cause the cancellation or revocation of the business permit, permit to operate, franchise and other
similar privileges granted to any person, establishment or business entity that fails to abide by the
"(c) To maintain and regularly update on a quarterly basis the list of senior citizens provisions of this Act."
and to issue national individual identification cards, free of charge, which shall be
valid anywhere in the country; Section 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:

"(d) To serve as a general information and liason center for senior citizens; "SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and Monitoring Board
shall be established which shall be composed of the following:
"(e) To monitor compliance of the provisions of this Act particularly the grant of special
discounts and privileges to senior citizens; "(a) Chairperson - the Secretary of the DSWD or an authorized representative;

"(f) To report to the mayor, any individual, establishments, business entity, institutions "(b) Vice Chairperson - the Secretary of the Department of the Interior and Local
or agency found violating any provision of this Act; and Government (DILG) or an authorized representative; and

"(g) To assist the senior citizens in filing complaints or charges against any individual, "(c) Members:
establishments, business entity, institution, or agency refusing to comply with the
privileges under this Act before the Department of Justice (DOJ), the Provincial "(1) the Secretary of the DOJ or an authorized representative;
Prosecutor's Office, the regional or the municipal trial court, the municipal trial court in
cities, or the municipal circuit trial court."
"(2) the Secretary of the DOH or an authorized representative;
Section 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
"(3) the Secretary of the DTI or an authorized representative; and
"SEC. 10. Penalties. - Any person who refuses to honor the senior citizen card issued by this the
government or violates any provision of this Act shall suffer the following penalties: (4) representatives from five (5) NGOs for senior citizens which are duly
accredited by the DSWD and have service primarily for senior citizens.
Representatives of NGOs shall serve a period of tree (3) years.
"(a) For the first violation, imprisonment of not less than two (2) years but not more
than six (6) years and a fine of not less than Fifty thousand pesos (Php50,000.00) but
not exceeding One hundred thousand pesos (Php100,000.00); "The Board may call on other government agencies, NGOs and Pos to serve as resource persons as
the need arises. Resource person have no right to vote in the National Coordinating and Monitoring
Board."
"(b) For any subsequent violation, imprisonment of not less than two (2) years but not
more than six (6) years and a fine of not less than One Hundred thousand pesos
(Php100,000.00) but not exceeding Two hundred thousand pesos (Php200,000.00); Section 9. Implementing Rules and Regulations. - Within sixty (60) days from theeffectivity of this Act,
and the Secretary of the DSWD shall formulate and adopt amendments to the existing rules and regulations
implementing Republic Act No. 7432, as amended by Republic Act No. 9257, to carry out the objectives
of this Act, in consultation with the Department of Finance, the Department of Tourism, the Housing and
"(c) Any person who abuses the privileges granted herein shall be punished with Urban Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH,
imprisonment of not less than six (6) months and a fine of not less than Fifty thousand the DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5) NGOs or POs for the senior
pesos (Php50,000.00) but not more than One hundred thousand pesos citizens duly accredited by the DSWD. The guidelines pursuant to Section 4(a)(i) shall be established by
(Php100,000.00). the DOH within sixty (60) days upon the effectivity of this Act.

"If the offender is a corporation, partnership, organization or any similar entity, the officials thereof Section 10. Appropriations. - The Necessary appropriations for the operation and maintenance of the
directly involved such as the president, general manager, managing partner, or such other officer OSCA shall be appropriated and approved by the LGUs concerned. For national government agencies,
charged with the management of the business affairs shall be liable therefor. the requirements to implement the provisions of this Act shall be included in their respective budgets:
Provided, That the funds to be used for the national health program and for the vaccination of senior
"If the offender is an alien or a foreigner, he/she shall be deported immediately after service of citizens in the first year of the DOH and thereafter, as a line item under the under the DOH budget in the
sentence. subsequent General Appropriations Act (GAA): Provided, further, That the monthly social pension for
indigent senior citizens in the first year of implementation shall be added to the regular appropriations of IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9994, ALSO KNOWN AS
the DSWD budget in the subsequent GAA. THE "EXPANDED SENIOR CITIZENS ACT OF 2010," AN ACT GRANTING ADDITIONAL BENEFITS
AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432 OF
Section 11. Repealing Clause. - All law, executive orders, rules and regulations or any part hereof 1992 AS AMENDED BY REPUBLIC ACT NO. 9257 OF 2003
inconsistent herewith are deemed repealed or modified accordingly.
RULE I
Section 12. Separability Clause. - If any part or provision of this Act shall be declared unconstitutional TITLE, PURPOSE AND CONSTRUCTION
and invalid, such 18 declaration shall not invalidate other parts thereof which shall remain in full force
and effect. Article 1. Title. - These Rules shall be known and cited as the Implementing Rules and Regulations of
Republic Act No. 9994, otherwise known as the "Expanded Senior Citizens Act of 2010."
Section 13. Effectivity. - This Act shall take effect fifteen (15) days its complete publication n the Official
Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier. Article 2. Purpose. - Pursuant to Section 9 of RA No. 9994 (hereinafter referred to as the Act), these
Rules and Regulations are promulgated to prescribe the procedures and guidelines for its
Approved implementation, in order to facilitate compliance with the Act and to achieve its objectives.

Article 3. Construction. - These Rules shall be construed and applied in accordance with and in
furtherance of the policies and objectives of the law. In case of conflict or ambiguity, the same shall be
(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE
construed liberally and in favor of the senior citizens.
Speaker of the House of Representatives President of the Senate

RULE II
This Act which is a consolidation of Senate Bill No. 3561 and House Bill No. 6390 was finally passed by DECLARATION OF POLICIES AND OBJECTIVES
the Senate and the House of Representatives on January 27, 2010.
Article 4. Declaration of Policies and Objectives. -

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES


Section 1. As provided in the Constitution of the Philippines:
Secretary General Secretary of Senate
House of Represenatives
a) It is the declared policy of the State to promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.
Approved: FEB 15, 2010
b) It is further declared that the State shall promote social justice in all phases of national
(Sgd.) GLORIA MACAPAGAL-ARROYO development and values the dignity of every human person and guarantees full respect for
President of the Philippines human rights.

c) In all matters relating to the care, health, and benefits of the elderly, the State shall adopt an
integrated and comprehensive approach to health development which shall endeavor to make
essential goods, health and other social services available to all people at affordable costs
giving priority for the needs of the underprivileged sick, elderly, disabled, women and children.

d) Further, it is declared that though the family has the duty to take care for its elderly
members, the State may also help through just programs of social security.

Section 2. Consonant with these constitutional policies and RA 9994, these Rules shall serve the
following objectives:
a) To recognize the rights of senior citizens to take their proper place in society and make them 5.3 GERIATRICS - refers to the branch of medical science devoted to the study, management and
a concern of the family, community, and government; treatment of the biological and physical changes, and the diseases of old age.

b) To give full support to the improvement of the total well-being of the elderly and their full 5.4 GERONTOLOGY - is the scientific study of the biological, psychological, and sociological
participation as an integral part of Philippine society; phenomena associated with old age and ageing and in determining answers about the normal aging
process rather than the diseases of old age. It is also the scientific study of the processes of aging from
c) To motivate and encourage the senior citizens to contribute to nation building; many disciplines, including social work, anthropology, biology, history, sociology, psychology, and
demography.
d) To encourage their families and the communities they live in to reaffirm and apply the valued
Filipino traditions of caring for the senior citizens; 5.5 IDENTIFICATION DOCUMENT - refers to any document or proof of being a senior citizen which
may be used for the availment of benefits and privileges under the Act and its Rules. It shall be any of
the following:
e) To provide a comprehensive health care and rehabilitation system for senior citizens with
disability to foster their capacity to attain a more meaningful and productive ageing; and
a) Senior Citizens' Identification Card issued by the Office of Senior Citizens Affairs (OSCA) in
the city or municipality where the elderly resides;
f) To recognize the important role of the private and the non-government sector in the
improvement of the welfare of senior citizens and to actively seek their partnership.
b) The Philippine passport of the elderly person or senior citizen concerned; and
Section 3. In conformity with these objectives, these Rules shall:
c) Other valid documents that establish the senior citizen or elderly person as a citizen of the
Republic and at least sixty (60) years of age, which shall include but not be limited to the
a) Establish mechanisms whereby the contributions of the senior citizens are maximized; following government-issued identification documents indicating an elderly's birthdate or age:
driver's license, voters ID, SSS/GSIS ID, PRC card, postal ID.
b) Adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole; 5.6 LODGING ESTABLISHMENT - refers to a building, edifice, structure, apartment, or house including
tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing, or providing
c) Establish programs beneficial to the senior citizens, their families and the rest of the facilities to transients, tourists, or travelers, duly licensed with business permit and/or franchised by the
community that they serve; and national government agencies or the local government units.

d) Establish community-based health and rehabilitation programs in every political unit of 5.7 HOTEL/HOSTEL - refers to an establishment whose building, edifice or premises, including a
society. completely independent part thereof such as cottages, cabanas, or huts, are used for the regular
reception, accommodation or lodging of travelers, tourists, or vacationers, and provides other services
RULE III incidental thereto for a fee;
DEFINITION OF TERMS
5.8 RESTAURANT - refers to any establishment duly licensed and with business permits issued by the
Article 5. Definition of Terms. - For purposes of these Rules, the terms are defined as follows: local government units, offering to the public, regular and special meals or menu, fast food, cooked food
and short orders. Such eating-places may also serve coffee, beverages and drinks. This covers Quick-
Service Restaurants or QSRs, Casual Dining and Fine Dining Restaurants as defined below:
5.1 SENIOR CITEZEN OR ELDERLY - refers to any Filipino citizen who is a resident of the Philippines,
and who is sixty (60) years old or above. It may apply to senior citizens with "dual citizenship" status
provided they prove their Filipino citizenship and have at least six (6) months residency in the a) QUICK SERVICE RESTAURANTS, or fast-food chains, refer to restaurants with multiple
Philippines. branches that have menu boards where food item choices are listed. Customers place their
orders with the cashier and pay right after their orders are taken.

5.2 BENEFACTOR - refers to any person whether related or not to the senior citizen who provides care
b) CASUAL and FINE DINING RESTAURANTS - are restaurants where customers are
or who gives any form of assistance to him/her, and on whom the senior citizen is dependent on for
primary care and material support, as certified by the City or Municipal Social Welfare and Development seated first before their food orders are taken by waiters. They are served at their tables and
Officer (C/MSWDO). pay only after they have consumed their meals.

5.9 MEDICINES - refer to prescription and non-prescription/over-the-counter drugs, both generic and
branded, including vitamins and mineral supplements medically prescribed by the elderly's physician,
and approved by the Department of Health (DOH) and the Food and Drug Administration (FDA), which swimming pools, arts and crafts, boating, walking trails, golf courses, active adult retail and on-site
are intended for use in the diagnosis, cure, mitigation, treatment or prevention of human disease or medical services.
sickness. It does not include food, devices or their components, parts, or accessories.
5.18 GROUP HOMES - refer to a community-based alternative living arrangement to institutional care. It
5.10 MEDICAL SERVICES - refer to public and private hospital services, professional services of can be a transit home for a definite period for neglected older persons while the necessary services of
physicians and other health care professionals, and diagnostic and laboratory tests that are requested locating relatives and care management is ongoing. It envisions responding to the needs of the senior
by a physician as necessary for the diagnosis and/or treatment of an illness or injury. citizens who have been abandoned, have no families to return to or to whose family reunification is not
suitable, and are assessed to be needing group living experience. The program enables a minimum of 6
5.11 DENTAL SERVICES - refer to oral examination, cleaning, permanent and temporary filling, and a maximum of 10 clients discharged from a residential care facility to live together and manage their
extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the group living activities with minimal supervision from the agency social worker.
alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis
and/or treatment of a dental illness or injury. 5.19 FOSTER CARE - refer to a social work intervention which provides for a planned substitute or
alternative family care by a licensed foster family to a neglected, abandoned, unattached and poor older
5.12 DIAGNOSTIC AND LABORATORY TESTS - refers to diagnostic examinations that are necessary person.
for the diagnosis and/or treatment of an illness and injury, including but not limited to X-ray, CT scans,
ECG, 2D Echo, gastroenterology, blood chemistry exams, histopathology and immunopathology, 5.20 RESIDENTIAL CARE FACILITY - refers to facility which provides twenty-four (24) hour residential
hematology, urine analysis, parasitology and bacteriology test, and serology. care services operated primarily for the purpose of promoting the well-being of abandoned, neglected,
unattached or homeless senior citizens. The facility may be run by government or non-stock non-profit
5.13 OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA) - refers to the office established in cities and organization and is accredited by the DSWD to serve a minimum of 10 clients.
municipalities under the Office of the Mayor headed by a senior citizen.
5.21 AFTER CARE SERVICES - refer to the provision of interventions, approaches, and strategies with
5.14 NON_GOVERNMENTAL ORGANIZATION or NGO - refers to any private entity, which is non- the end goal of ensuring effective reintegration of older persons discharged from residential facilities.
profit and voluntary in nature dedicated to the promotion, enhancement and support of the welfare of
senior citizens, duly registered with any regulatory body. 5.22 BASIC NECESSITIES - refer to rice, corn, bread, fresh, dried and canned fish and other marine
products, fresh pork, beef and poultry, meat, fresh eggs, fresh and processed milk, fresh vegetables,
For purposes of the Act and its Rules, an ACCREDITED NGO refers to any private non-stock non-profit root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, and drugs classified as essential by
organization, regional or national in scope, mainly providing services for senior citizens, duly registered the DOH and other commodities as maybe classified by the Department of Trade and Industry (DTI)
with the Securities and Exchange Commission (SEC), Cooperative Development Authority (CDA), or and the Department of Agriculture (DA) according to Republic Act No. 7581 or the Price Act.
any appropriate government regulatory body and registered or licensed with, and with programs
accredited by, the Department of Social Welfare and Development (DSWD). 5.23 PRIME COMMODITIES - refer to fresh fruits, flour, dried, processed and canned pork, beef and
poultry, meat, dairy products not falling under basic necessities; noodles, onions, garlic, and all drugs
5.15 PEOPLE'S ORGANIZATION or PO - refers to a type of social welfare and development not classified as essential drugs by the DOH and other commodities that may be classified by the DTI
association with a bonafide membership, an identifiable leadership and an organizational structure that and the DA according to Republic Act No. 7581 or The Price Act.
has demonstrated its capacity to promote the public interest and engage in social welfare and
development activities. As part of the civil society movement, it is composed of a specific population or 5.24 NEAREST SURVIVING RELATIVE - refers to the closest person related to the deceased senior
sector, like the senior citizens, and seeks to represent the interest of its members. citizen by blood or affinity, such as the legal spouse who survives the deceased senior citizen: Provided,
That where no spouse survives the decedent, this shall be limited to relatives in the following order of
5.16 SENIOR CITIZENS CENTER - refers to the place established by Republic Act No. 7876 or the degree of kinship: children, parents, siblings, grandchildren, uncles and aunts.
Senior Citizens Center Act, with recreational, educational, health and social programs and facilities
designed for the full enjoyment and benefit of the senior citizens in the city or municipality accredited by 5.25 HOME HEALTH CARE SERVICE - refers to health or supportive care provided to the senior
the DSWD. It can be any available structure, a spacious room in a private or public building, a room citizen patient at home by TESDA-certified caregivers or licensed health care professionals to include,
attached to a community center, a barangay hall or chapel. but not limited to, physicians, nurses, midwives, and physical therapists.

5.17 RETIREMENT VILLAGE - refers to an independent-living facility, often with continuing-care 5.26 INDIGENT SENIOR CITIZEN - refers to any elderly who is frail, sickly, or with disability, and
amenities. It refers to a residential community offering separate or autonomous houses for residents. It without pension or regular source of income, compensation or financial assistance from his/her relatives
is a retirement habitat with a multi-residence housing facility that is planned, designed and geared to support his/her basic needs, as determined by the DSWD in consultation with the National
towards people who no longer work and are restricted to a certain age. It has particular conveniences Coordinating and Monitoring Board (NCMB).
catering to the wishes and desires of retirees, which may include services such as clubhouses,
RULE IV (c) MEDICAL AND DENTAL SERVICES IN THE PRIVATE FACILITIES - Medical and dental
PRIVILEGES FOR THE SENIOR CITIZENS services, diagnostic and laboratory tests such as but not limited to X-Rays, computerized
tomography scans, and blood tests, that are requested by a physician as necessary for the
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the availment of benefits and diagnosis and/or treatment of an illness or injury are subjected to the 20% discount and VAT
privileges under the Act and these Rules, the senior citizen, or his/her duly authorized representative, exemption.
shall present as proof of eligibility, a valid and original Senior Citizens' Identification Card issued by the
Head of the Office of Senior Citizens Affairs (OSCA) of the place where the senior citizen resides, and (d) PROFESSIONAL FEES OF ATTENDING PHYSICIAN/S in all private hospitals, medical
which shall be honored nationwide. facilities, outpatient clinics and home health care facilities shall be subjected to the 20%
discount and VAT exemption.
Article 7. Twenty Percent (20%) Discount and VAT Exemption - The senior citizens shall be entitled to
the grant of twenty percent (20%) discount and to an exemption from the value-added tax (VAT), IF (e) PROFESSIONAL FEES OF LICENSED HEALTH WORKERS PROVIDING HOME
APPLICABLE, on the sale of the goods and services covered by Section 1 to 6 of this Article, from all HEALTH CARE SERVICES as endorsed by private hospitals or employed through home
establishments for the exclusive use and enjoyment or availment of senior citizens. health care employment agencies are entitled to the 20% discount and VAT exemption. The
burden of the discount shall be borne solely by the employment agency given the health
For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall worker's very minimal share compared to the agency fee.
come up with the appropriate Revenue Regulations on the 20% senior citizens discount and VAT
exemption within thirty (30) days from effectivity of these Rules that shall cover among others, new Section 2. DOMESTIC TRANSPORTATION PRIVILEGES
invoicing procedures, reportorial requirements, and a system for claiming tax deductions.
The Department of Transportation and Communication (DOTC), in coordination with the Maritime
Section 1. MEDICAL_RELATED PRIVILEGES Industry Authority (MARINA), Philippine Ports Authority (PPA), the Civil Aeronautics Board (CAB), Light
Rail Transit Authority (LRTA), Philippine National Railways (PNR), Mass Rail Transit Authority (MRTA)
(a) MEDICINE AND DRUG PURCHASES - The 20% discount and VAT exemption shall apply and Land Transportation Franchising and Regulatory Board (LTFRB), shall within thirty (30) days from
to the purchase of generic or branded medicines and drugs by or for senior citizens, including effectivity of these Rules issue the necessary circulars or directives on the following transportation
the purchase of influenza and pneumococcal vaccines. The 20% discount and VAT exemption privileges of senior citizens:
shall also be granted to the purchase of vitamins and mineral supplements which are medically
prescribed by an attending physician for prevention and treatment of diseases, illness, or (a) AIR AND SEA TRANSPORTATION PRIVILEGES - Fare for domestic air, and sea travel,
injury. including \f0 advanced booking, shall be subject to the 20% discount and VAT exemption, if
applicable.
(b) ESSENTIAL MEDICAL SUPPLIES, ACCESSORIES AND EQUIPMENT - The 20%
discount and VAT exemption privilege shall also apply to the purchase of eyeglasses, hearing (b) PUBLIC LAND TRANSPORTATION PRIVILEGES - Fare in the public railways including
aids, dentures, prosthetics, artificial bone replacements like steel, walkers, crutches, LRT, MRT, and PNR, fares in buses (PUB), jeepneys (PUJ), taxi and shuttle services (AUV),
wheelchairs whether manual or electric-powered, canes/quad canes, geriatric diapers, and are likewise subject to the 20% discount and VAT exemption, if applicable.
other essential medical supplies, accessories and equipment by or for senior citizens.
Section 3. HOTELS, RESTAURANTS, RECREATIONAL CENTERS, AND PLACES OF LEISURES,
The purchase under Sections 1 (a) and (b) from drug stores, hospital pharmacies, medical and AND FUNERAL SERVICES
optical clinics and similar establishments including non-traditional outlets dispensing
medicines, shall be subject to guidelines that shall be issued by the DOH within thirty (30) days The Department of Interior and Local Government (DILG) and Department of Tourism (DOT) shall,
from effectivity of these Rules, in coordination with the Food and Drug Administration (FDA) within thirty (30) days from effectivity of these Rules, issue the necessary circulars or directives to
and the Philippine Health Insurance Corporation (PHILHEALTH). Said guidelines shall also establishments for its implementation to ensure compliance herewith.
indicate what constitutes discounted essential medical supplies, accessories and equipment as
contemplated by Section 1 (b), and will be subjected to a regular review as deemed necessary
in keeping with the changes, demands and needs of senior citizens. (a) HOTELS AND SIMILAR LODGING ESTABLISHMENTS - The discount shall be for room
accommodation and other amenities offered by the establishment such as but not limited to
hotel-based parlors and barbershops, restaurants, massage parlor, spa, sauna bath,
The guidelines issued by the DOH, in consultation with the DOF and the BIR, shall also aromatherapy rooms, workout gyms, swimming pools, Jacuzzis, ktv bars, internet facilities,
establish mechanisms of compulsory rebates in the sharing of burden of discounts among food, drinks and other services offered. The term "hotel" shall include beach and mountain
retailers, manufacturers and distributors, taking into consideration their respective margins. resorts,
When necessary, the DOF and the BIR shall come up with the appropriate Revenue
Regulations for this purpose.
(b) RESTAURANTS - The discount shall be for the purchase of food, drinks, dessert, and food establishments inside these country clubs be independent concessionaires and food sold are not
other consumable items served by the establishments offered for the consumption of the consumable items under club membership dues, they must grant the 20% senior citizen discount.
general public.
Section 5. ADMISSION FEES PRIVILEGE - The discount shall be applied to admission fees charged
(c) For Dine-in services under paragraphs (a) and (b) of Section 3, and Section 4, paragraph 2 by theaters, cinema houses and concert halls, circuses, carnivals, and other similar places of culture,
of Article 7, the privilege must be personally availed of by the senior citizen as defined under leisure and amusement such as museums and parks.
these Rules, and no proxies or authorization in favor of another person who is not a senior
citizen will be honored. Section 6. FUNERAL AND BURIAL SERVICES - The beneficiary or any person who shall shoulder the
funeral and burial expenses of the deceased senior citizen, shall claim the discount under this Rule for
(d) Consistent with the intent of the Act, the phrase "exclusive use and enjoyment" of the the deceased senior citizen upon presentation of the death certificate. Such expenses shall cover the
senior citizen shall mean "for the senior citizen's personal consumption" only. As such, the purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in
20% senior citizen discount shall not apply to "children's meals" which are primarily prepared the place of origin, but shall exclude obituary publication and the cost of the memorial lot.
and intentionally marketed for children. Similarly, the 20% senior citizen discount shall not
apply to "pre-contracted" party packages or bulk orders. Article 8. CREDIT CARD PAYMENTS - The 20% discount and VAT exemption shall also apply to
purchases of goods and services by senior citizens paying through credit cards.
(e) Food, drinks and other consumable items provided in Section 3 (a) and (b), and Section 4,
paragraph 2 of Article 7 purchased by the senior citizen shall be processed separately as an Article 9. NO DOUBLE DISCOUNTS - In the purchase of goods and services which are on promotional
independent transaction from his/her non-eligible companions to ensure that it is for his/her discount, the senior citizen can avail of the establishment's offered discount or the 20% discount
exclusive consumption and to enable computation of the 205 discount and the exemption from provided herein, whichever is higher and more favorable.
the Value Added Tax (VAT), which only the senior citizen is entitled to.
In cases where the senior citizen is also a person with disability (PWD) entitled to a 20% discount under
However, if the group of diners is composed entirely of senior citizens, all of whom present his/her valid PWD identification card (ID), the senior citizen shall use either his/her OSCA-issued ID
valid senior citizens IDs, each shall be entitled to a 20% discount and exemption from Value card or PWD ID card to avail of the 20% discount.
Added Tax.
Article 10. TAX DEDUCTION - The establishment may claim the discounts provided herein as tax
(f) The 20% discount shall apply to Take-Out/Take-Home/Drive-Thru orders as long as it is the deductions based on the cost of the goods sold or services rendered: Provided. That the cost of the
senior citizen himself/herself who is present and personally ordering, and he/she can show a discount shall be allowed as deduction from the gross income for the same taxable year that the
valid senior citizen ID card. discount is granted: Provides, further, That the total amount of the claimed tax deduction net of VAT, if
applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper
(g) For Delivery Orders, the 20% discount shall likewise apply subject to certain conditions; i.e. documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended.
senior citizen ID card number must be given while making the order over the telephone; the
senior citizen ID card must also be presented upon delivery to verify the identity of the senior For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall
citizen entitled to the 20% discount. come up with the appropriate Revenue Regulations on the 20% senior citizens discount and VAT
exemption within thirty (30) days from effectivity of these Rules.
(h) For the above-mentioned transactions under paragraphs (f) and (g) of Section 3 of Article 7,
the Most Expensive Meal Combination (MEMC) shall apply to food purchases by senior Article 11. OTHER PRIVILEGES
citizens. The MEMC is an amount corresponding to the combination of the most expensive and
biggest single-serving meal with beverage served in a quick service restaurant, is deemed
flexible and is adjusted accordingly by food establishments to estimate a single food purchase Section 1. INCOME TAX EXEMPTION - The senior citizen shall be entitled to exemption from the
for an individual senior citizen. payment of the individual income tax, provided he/she is considered to be minimum wage earner in
accordance with Republic Act No. 9504.
Section 4. RECREATION CENTERS - The discount shall be for the utilization of services in the form of
fees, charges and rental for sport facilities or equipment, including golfcart rentals and green fees, or Section 2. EXEMPTION FROM TRAINING FEES - The senior citizen shall be exempted from training
venues for ballroom dancing, yoga, badminton courts, bowling lanes, table or lawn tennis, workout fees for socio-economic programs conducted by private and government agencies subject to the
gyms, martial arts facilities. guidelines to be issued within thirty (30) days from effectivity of these Rules by the DTI, the Department
of Labor and Employment (DOLE), the DA, the Technical Education and Skills Development Authority
(TESDA) and the Department of Science and Technology - Technology Resource Center (DOST-TRC).
Non-profit, stock golf and country clubs which are not open to the general public, and are private and for
exclusive membership only as duly proven by their official Securities and Exchange (SEC) registration
papers, are not mandated to give the 20% senior citizens discount. However, should restaurants and
Section 3. FREE MEDICAL AND DENTAL SERVICES IN GOVERNMENT FACILITIES - Medical and Section 1. Five (5%) Discount - The grant of a minimum of five percent (5%) discount relative to the
dental services, diagnostic and laboratory tests requested by the physician such as but not limited to X- monthly utilization of water and electricity by households with senior citizens; Provided, That the
rays, computerized tomography scans, and blood tests availed of by senior citizens, including individual meters for the foregoing utilities are registered in the name of the senior citizen residing
professional fees of attending doctors in all government hospitals, medical facilities, outpatient clinics, therein: provided, further, that the monthly consumption does not exceed one hundred kilowatt hours
and home health care services, shall be provided free of charge to senior citizens. These shall be in (100 kWh) of electricity and thirty cubic meters (30m') of water: Provided, furthermore, that the privilege
accordance with the rules and regulation to be issued by the DOH, in coordination with the is granted per household regardless of the number of senior citizens residing therein.
PHILHEALTH.
To avail of the discount under this Section, the senior citizen shall:
Section 4. FREE VACCINATION FOR INDIGENT SENIOR CITIZENS - The DOH shall, subject to
technical and operational guidelines which it shall issue not later than thirty (30) days from effectivity of 1. Apply for the discount personally or thru a representative. There shall be annual renewal of
these Rules, administer free vaccinations against the influenza virus and pneumococcal disease for application to the utility provider.
indigent senior citizen patients. Neglected, abandoned, unattached or homeless senior citizens in
government-run residential homes, centers and facilities shall likewise be entitled to free vaccinations
under these Rules. 2. Submit requirements.

The DOH shall enjoin all government and private hospitals, as well as other health facilities to post, a. Proof of age and citizenship
publish or print out a schedule of health benefits and privileges i.e., laboratory and diagnostic test fees,
which should be regularly updated. These postings and publications shall be clearly identified in the b. Proof of billing. Meter registration should be in the name of the senior citizen for a
guidelines. period of one year

Section 5. EDUCATIONAL PRIVILEGES - Educational assistance shall be granted to senior citizens to c. Proof of residence
pursue post secondary, post tertiary, as well as vocational or technical education in both public and
private schools through provision of scholarships, grants, financial aid, subsidies and other incentives to Section 2. Fifty (50%) Discount - The grant of a 50% discount an all electricity, water, telephone
qualified senior citizens, including support for books, learning materials, and uniform allowance, to the consumption for DSWD-accredited senior citizens centers and residential care institutions or group
extent feasible: Provided, that senior citizens shall meet minimum admission requirements. homes that are government-run or organized and operated by non-stock, non-profit domestic
corporations, primarily for the purpose of promoting the well-being of abandoned, neglected, unattached
Section 6. BENEFITS AND PRIVILEGES FOR RETIREES - To the extent practicable and feasible, the or homeless senior citizens.
senior citizen shall be granted the continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the Such senior citizens centers and residential care or group homes must have been in operation for at
case may be, as are enjoyed by those in active service. least six (6) months and must have a separate meter for said utilities/services.

Retirement benefits of retirees from both the government and the private sector shall be regularly Section 3. DSWD shall issue the necessary guidelines within (30) days from effectivity of these Rules
reviewed every year to ensure their continuing responsiveness and sustainability, and to the extent for the accredited senior citizens centers and residential/group homes willing to avail of the utility
practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual discount.
service based on National Economic and Development Authority (NEDA) poverty threshold per region
as determined by the National Statistical Coordination Board (NSCB).
The Energy Regulatory Commission (ERC), the Metropolitan Waterworks and Sewerage System
(MWSS), the Local Water Utility Administration (LWUA) and other concerned utility-regulatory agencies
Section 7. PRIVILEGES ON GRANTING SPECIAL DISCOUNTS IN SPECIAL PROGRAMS - To the shall, within six (6) months after the effectivity of these Rules, formulate supplemental guidelines to
extent possible, the government may grant special discounts in special programs for senior citizens on cover recovery rate mechanics and/or sharing of burden, among other concern of the distribution
purchase of basic necessities and prime commodities, subject to the guidelines to be issued for the utilities.
purpose by the DTI and the DA within (30) days from effectivity of these Rules. Provided, That such
special programs and their guidelines shall be developed by the concerned department within the
concerned department's jurisdiction. RULE V
GOVERNMENT ASSISTANCE
Section 8. EXPRESS LANES PRIVILEGES - Accessible express lanes for senior citizens shall be
provided in all private, banking, commercial, and government establishments; in the absence thereof, Article 13. EMPLOYMENT
priority shall be given to them.
Section 1. Senior citizens, who have the capacity and desire to work, or to be re-employed, shall be
Article 12. UTILITY DISCOUNTS provided by the DOLE, in coordination with other government agencies including local government
units, with information and matching services to enable them to be productive members of society. Section 2. The National Health Program aims to promote healthy and productive older population
Terms of employment shall conform to the provisions of the Labor Code, as amended, Civil Service through the following:
Laws and other laws, rules and regulations.
a) Establishment and provision of a comprehensive and integrated health service package
Section 2. Private entities that shall employ senior citizens as employees upon effectivity of the Act, catering to the specific needs of the citizens;
shall be entitled to an additional deduction from their gross Income, equivalent to fifteen percent (15%)
of the total amount paid as salaries and wages to senior citizens subject to the provision of Section 34 b) Human resource development/capacity building of health personnel in relation to the care
of the National Internal Revenue Code (NIRC), as amended and the Revenue Regulations to be issued and health problems of senior citizens;
by the BIR and approved by the DOF; Provided, however, That such employment shall continue for a
period of at least six (6) months; Provided, further, That the net annual income of the senior citizen does
not exceed the poverty level for that year as determined by NEDA thru the NSCB. c) Health promotion;

Section 3. The DOLE, in coordination with other government agencies, such as, but not limited to, the d) Conduct of researches and study in geriatric care, gerontology, and health needs of senior
DOST-Technology Resource Center (DOST-TRC) and the DTI, shall assess, design and implement citizens;
training programs that will provide free of charge to senior citizens the appropriate skills development,
livelihood training programs, and welfare or livelihood support. e) In coordination with the municipal health worker, designate one (1) barangay health worker
to attend to senior citizens' health needs;
Article 14. EDUCATION
f) The barangay, in coordination with local office health office shall designate one day of every
The Department of Education (DepEd), the DOST-TRC, the Technical Education and Skills month specifically for medical attention of senior citizens;
Development Authority (TESDA), and the Commission on Higher Education (CHED), in consultation
with non-governmental (NGOs) and people's organizations (POs) for senior citizens, shall institute a g) Establishment of senior citizens' ward in every government hospital and in all levels of
program that will ensure access of senior citizens to formal and non-formal education. They are to: hospitals throughout the country; and

a) Formulate and implement relevant and effective course designs and educational programs; h) Provision of accessible express lanes, or prioritization, in all health facilities.

b) Conduct the necessary training for the implementation of the appropriate curriculum for the Section 3. Provide technical assistance in coordination with DSWD, NGOs and other concerned
purpose; agencies to local government units in the establishment of community based health rehabilitation
programs.
c) Ensure the availability of the needed-educational facilities in the form of modular programs
and other distance and alternative learning materials; Article 16. SOCIAL SERVICES

d) In coordination with OSCA and the City or Municipal Social Welfare and Development The DSWD, in cooperation with the OSCA and the local government units, non-governmental
Officer, shall conduct assessment and profiling of senior citizens who wanted to study; and organizations and people'' organizations for senior citizens, shall develop and implement programs and
social services for senior citizens. Local government units shall ensure that the developed programs
e) Conduct continuing research and development program for the necessary and relevant and social services are provided. The components of these programs are:
education of the senior citizens.
a) Self and social enhancement services which provide senior citizens opportunities for
Article 15. HEALTH socializing, organizing, creative expression, and improvement of self;

Section 1. The DOH, in coordination with local government units (LGUs), NGOs and POs for senior b) After care services for senior citizens who are discharged from the homes/institutions for the
citizens, shall institute a national health program that shall incorporate the National Prevention of aged, especially those who have problems of reintegration with family and community, wherein
Blindness Program, and shall also provide an integrated health service for senior citizens. both the senior citizens and their families are provided with counseling;

It shall train community-based health workers including barangay health workers, among senior citizens c) Neighborhood support services/home care wherein the community or family members
and health personnel to specialize in geriatric care, gerontology, and health problems of senior citizens. provide caregiving services to their frail, sick, or bedridden senior citizens; and
d) Substitute family care in the form of residential care, group homes, or foster homes for the Article 20. ADDITIONAL GOVERNMENT ASSISTANCE
abandoned, neglected, unattached or homeless senior citizens and those incapable of self-
care. Section 1. SOCIAL PENSION - Pursuant to the eligibility criteria as may be determined by the DSWD,
indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php
e) Inclusion of community-based settings as practicum for academic institutions and in the 500.00) to augment the daily subsistence and other medical needs of senior citizens. The grant of social
curriculum of caregiving and technical vocational schools. pension shall be subject to a review every two (2) years by Congress, in consultation with the DSWD
within three months after convening the Congress.
Article 17. HOUSING
The DSWD, in consultation with the Department of Budget and Management (DBM), the DILG, the
The national government shall include in its national shelter program the special housing needs of NCMB, NGOs, and people's organizations shall formulate guidelines within thirty (30) days from
senior citizens, such as establishment of housing units for the elderly. effectivity of these Rules for the development of criteria, selection of, and establishment of database for
indigent senior citizens focusing on targeting, delivery, monitoring and evaluation, to facilitate
implementation of this additional government assistance.
Section 1. The Housing and Land Use Regulatory Board (HLURB) shall formulate housing rules on
how to develop subdivision suitable to the requirements of male and female senior citizens. The Home
Development Mutual Fund (HDMF) shall promote the establishment of elderly residence and shall Section 2. MANDATORY PHILHEALTH COVERAGE - All indigent senior citizens shall be covered by
review its existing circulars particularly the limitation of the age requirements of sixty-five (65) years old the national health insurance program of PHILHEALTH. The local government units where the indigent
at the date of the loan application and seventy (70) years old at loan maturity. It shall also consider the senior citizens reside shall allocate the necessary funds to ensure the enrollment and lifetime coverage
concept of pension in lieu compensation. of their indigent senior citizens, in accordance with the pertinent laws and regulations.

Section 2. The housing program for the poor senior citizens which include the establishment/donation Section 3. SOCIAL SAFETY NETS - Social safety assistance intended to cushion the effects of
of group/foster homes for the neglected, abused and unattached or homeless senior citizens and those economic shocks; disasters and calamities shall be available for senior citizens. The social safety
incapable of self-care including its management, maintenance and operations shall be established in assistance which shall include, but not limited to, food, medicines, and financial assistance for domicile
accordance with EO 105, approving and directing the implementation of the program, "Provision of repair, shall be sourced from the disaster/calamity funds of local government units where the senior
Group/Foster Home for Neglected, Abandoned, Abused, Unattached and Poor Older Persons and citizens reside, subject to the guidelines to be issued by the DSWD in coordination with DILG.
Persons with Disabilities" promulgated on May 16, 2002.
Section 4. DEATH BENEFIT ASSISTANCE - Death benefit assistance of a minimum of Two thousand
Article 18. ACCESS TO PUBLIC TRANSPORT pesos (Php 2, 000.00) shall be given to the nearest surviving relative who took care of the deceased
senior citizens reside, subject to the guidelines to be issued by the DSWD and DILG.
The DOTC and its attached agencies and sectoral officers shall improve the implementation or
programs to assist senior citizens to fully gain access in the use of public transport facilities. The In keeping with the intention of the law and similar government assistance being granted, this benefit
minimum requirements and standards to make transportation facilities and utilities for public use shall apply in relation to deceased indigent senior citizens only. However, it will not preclude LGUs
accessible to senior citizens shall be developed to enhance the mobility of senior citizens. There shall already granting burial assistance to continue giving such benefit to non-indigent senior citizens.
be strict implementation of courtesy space and seats for the exclusive use of senior citizens in all
transport system. As far as practicable, PUVs shall also strive to install safe lower stepping boards. RULE VI
THE OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA)
Article 19. INCENTIVE FOR FOSTER CARE
Article 21. Office of Senior Citizens Affairs - There shall be established in all cities and municipalities
The DILG through the local government units, in consultation with the DOF and the BIR which shall an Office for Senior Citizens Affairs (OSCA).
provide the necessary guidelines, shall provide incentives to persons or NGO institutions implementing
foster care programs for senior citizens, as follows: Section 1. OSCA Head - The senior citizen to be appointed by the City or Municipal Mayor as OSCA
Head should have the following qualifications:
(a) reality tax holiday for the first five (5) years starting from the first year of operation and/or
implementation of foster care program; and a) A Filipino citizen and resident of the municipality or city for at least one (1) year;

(b) priority in the construction, or maintenance of provincial or municipal roads leading to the b) A registered voter of the concerned city or municipality;
aforesaid home, residential community or retirement village.
c) Able to read and write;
d) Must be physically and mentally capable of performing the tasks of OSCA Head; f) To report to the Mayor, any person, natural or judicial; establishments, business, entity,
institution or agency found violating any provision of the Act and its Rules;
e) A bonafide member of a duly registered senior citizens organization which has a track
record of at least three consecutive years; g) To facilitate the creation of a city or municipality coordinating and monitoring board
consisting of OSCA Head, the City or Municipal Social Work and Development Officer and the
f) Good moral character; and presidents of concerned duly registered senior citizens organizations to deliberate and act on
the complaints;
g) At least a high school graduate
h) To assist senior citizens in filling complaints or charges against any person, natural or
judicial; establishment, institution, or agency refusing to comply with the privileges under the
Section 2. Selection and Term of OSCA Head. - The OSCA Head shall be chosen from a list of three Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or
(3) nominees as recommended by a general assembly of DSWD- accredited or LGU-registered senior the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court;
citizens organizations in the city or municipality. He/she shall appointed by the mayor for a term of three
(3) years without reappointment but without prejudice to an extension not exceeding three (3) months, if
exigency so requires. i) To assist and coordinate with the concerned person, natural or judicial, establishment,
institution or agency in investigating fraudulent practices and abuses of the discount and
privileges exclusively granted to senior citizens ; and
The OSCA Head shall be appointed to serve the interest of senior citizens and shall not be removed or
replaced except for reasons of death, permanent disability, or ineffective performance of his duties to
the detriment of fellow senior citizens, as stated in a resolution issued by the general assembly. In case j) To establish linkages and work together wit the accredited NGOs, people's organizations,
of death or permanent disability, the remaining term shall be served by the new reappointed if he/she and the barangays in their respective areas.
has not served one-half of the full term.
Section 5. Operations and Maintenance of OSCA. - The necessary appropriation for the operation and
Section 3. Remuneration for Services Rendered. - The head of the OSCA shall be entitled to received maintenance of the OSCA shall be provided by the local government units concerned. An office space
an honorarium of an amount equivalent to at least Salary Grade 10 to be approved by the local established at the Office of the Mayor shall likewise be provided.
government unit concerned.
Section 6. Assistance and Supervision of OSCA. - The OSCA Head shall be assisted by the City of the
For 3rd to 6th class local government units, their respective sanggunians may provide for a reasonable Municipal Social Welfare and Development Officer (C/MSWDO). The Office of the Mayor shall exercise
and practicable remuneration for the OSCA Head. supervision over the OSCA relative to their plans, activities and programs for senior citizens.

Section 4. Functions of OSCA. - The office for Senior Citizens Affairs shall have the following RULE VII
Functions: PENALTIES AND OTHER SANCTIONS

a) In consultation with the City or Municipal Social Work and Development Officer and duly Article 22. Violations in Discounted Medicine Purchases - The following acts concerning drug and
registered senior citizen organizations, to plan, develop, implement, consolidate, and monitor medicine purchases are considered violative of the provisions of the Act and its Rules:
yearly work programs in pursuance of the objectives of the Act and its Rules;
Section 1. A senior Citizen or his /her representative or a person misusing the privileges by:
b) To draw up a list of available and required services which can be provided by the registered a) using several purchase booklets,
federations and associations of senior citizens; b) availing of the discounts to buy medicines, drugs, medical accessories and supplies not for
the use of the senior citizen,
c) unauthorized use of the identification card of the senior citizen.
c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue Section 2. A medical practitioner giving prescription to other persons in the name of the senior citizen or
national uniform individual identification cards and purchase booklets, free of charge, which giving anomalous prescription.
shall be valid anywhere in the country; Section 3. Retailers and establishments dispensing medicines:
a) refusing to grant the full 20% senior citizens discount and VAT exemption on drug and
d) To serve as a general information and liaison center the needs of the senior citizens; medicine purchases paid via credit card,
b) making a distinction between branded and generic drugs and medicines in giving the 20%
e) To monitor compliance of the provisions of the Act and its Rules particularly the grant of discount,
special discounts and privileges to senior citizens; c) posting notices and signages telling customers that availment of the 20% discount is limited
to cash purchases only,
d) "limiting" of discountable drug and medicine purchases to certain weekdays only, such that RULE VIII
senior citizens cannot avail of the 20% discount on other days, and e) restricting the purchase MONITORING AND COORDINATING MECHANISM
time or period for senior citizen discounts after a certain hour.
Article 25. Monitoring and Coordinating Mechanism. - An inter-agency coordinating and monitoring
Article 23. Violations in Discounted Food Purchases - The following acts concerning food purchases mechanism at the national level shall be established which shall be called the National Coordinating and
are considered violative of the provisions of the Act and its Rules: Monitoring Board (NCMB) on the Expanded Senior Citizens Act of 2010.

a) Pegging a maximum amount of food purchase subject to 20% discount and the VAT Section 1. NCMB Composition. - The National Coordinating and Monitoring Board shall be composed
exemption, and/ or posting of notice to that effect; of the following:

b) Refusal to grant the 20% discount and VAT exemption on take -out/ take home/ drive-thru a) Chairperson - Secretary of the Department of Social Welfare and Development (DSWD), or
orders it appearing that the purchase is for the exclusive use and enjoyment of senior citizens; authorized representatives;
b) Vice-Chairperson - Secretary of the Department of the Interior and Local Government
c) Refusal to grant a 20% discount and VAT exemption on delivery orders it appearing that the (DILG), or authorized representatives;
purchases is for the exclusive use and enjoyment of senior citizens. c) Members: Secretaries or authorized representatives of the following:
1) Department of Justice (DOJ);
2) Department of Health (DOH);
Article 24. PENALTIES - Any person who refuses to honor the senior citizen card or violates any 3) Department of Trade and Industry (DTI); and
provision of the Act and its Rules shall suffer the following penalties: 4) Representatives from five (5) accredited NGOs for senior citizens

Section 1. For the first violation, a fine of not less than Fifty thousand pesos (Php 50,000.00) but not The National Inter-Agency Coordinating and Monitoring Board may call on other government agencies,
exceeding One hundred thousand pesos (Php 100,000.00) and imprisonment for not less than two (2) NGOs and people's organizations to serve as resource persons as the need arises. Resource persons
years but not more than six (6) years; and have no voting rights at the Board.

Section 2. For any subsequent violation, a fine of not less than One hundred thousand pesos (Php Section 2. NGO/PO Representation. - The representatives from accredited NGOs and people's
100,000.00) but not exceeding Two hundred thousand pesos (Php 200,000.00) and imprisonment for organizations shall be senior citizens, or from other sectors that have services primarily for senior
not less than two (2) years but not more than six (6) years. citizens. These NGO representatives which shall be selected and appointed by the Board shall serve for
a period of three (3) years.
Section 3. Any person who abuses the privileges granted herein shall be punished with a fine of not
less than fifty thousand pesos (Php 50,000.00) but not more than One hundred thousand pesos (Php Section 3. Level of Representation. - The authorized representative to the National Coordinating and
100,000.00) and imprisonment of not less than six (6) months. Monitoring Board from the government agencies shall have a rank of not lower than Director level or its
equivalent, and for the NGOs, shall have a rank not lower than an Executive Director.
Section 4. If the offender is an alien or a foreigner, he/she shall be deported immediately after service
of sentence without further deportation proceedings. Section 4. Functions. - The National Coordinating and Monitoring Board (NCMB) shall have the
following functions:
Section 5. If the offender is a corporation, partnership, organization or any similar entity the officials
thereof directly involved such as the president, general manager, managing partner, or such other a) Formulate a National Plan of Action for Senior Citizens in coordination with concerned
officer charged with the management of the business affairs shall be liable therefor.
government agencies and other stakeholders;
b) Develop an effective monitoring and reporting system towards an efficient, consistent and
Section 6. Upon filing of an appropriate complaint, and after due notice and hearing, the proper uniform implementation of the law;
authorities may also cause the cancellation or revocation of the business permit, permit to operate,
c) Develop and institute effective and innovative approaches and methods with which to
franchise and other similar privileges granted to any person, establishment or business entity that fails
to abide by the provisions of the Act and these Rules. address emerging concerns of the senior citizens;
d) Coordinate the programs and projects of government agencies with responsibilities under
RA No. 9994 and these Rules;
e) Coordinate the conduct of nationwide information, education campaign and other advocacy
activities on RA No. 9994;
f) Monitor the conduct of orientation, training and other capability building programs to Article 29. Effectivity. - These Rules and Regulations shall take effect fifteen (15) days after its
maximize the contributions and participation of senior citizens; complete publication in at least two (2) national newspapers of general circulation, and submission to
g) Coordinate the conduct and evaluation of the plan of action, research and documentation of the Office of the National Administrative Register, Law Center, University of the Philippines.
good practices and disparities for policy and program development;
h) To actively establish national, regional and international networks for resource generation Signed June 18, 2010 at the Department of Social Welfare and Development, Batasan Pambansa
and technical cooperation; and Complex, Constitution Hills, Quezon City.
i) Prepare yearly accomplishment report for the Office of the President, Congress, and the
concerned national government and local government units. HON. CELIA CAPADOCIA-YANGCO
Acting Secretary,
Department of Social Welfare and Development Chairperson
Section 5. Coordinating and Monitoring Body at the Regional Level. - There shall be established in all
regions a Regional Coordinating and Monitoring Board (RCMB) with similar membership and functions HON. ESPERANZA I. CABRAL, M.D. HON. RONALDO V. PUNO
as the National Board. As far as practicable, similar bodies shall be established in the local government Secretary Secretary
units. Department of Health Dept. of Interior and Local Government

Section 6. Secretariat. - The Department of Social Welfare and Development shall serve as the HON. ALBERTO C. AGRA HON. MARGARITO B. TEVES
Secretariat to the Board at the national and at the regional levels. Secretary Secretary
Department of Justice Department of Finance
RULE IX
FINAL PROVISIONS HON. JESLI A. LAPUS HON. ANNELI R. LONTOC
Secretary Secretary
Dept. of Trade and Industry Dept. of Transportation and Communication
Article 26. Appropriations. - The appropriation necessary to implement the provisions of the Act and
its Rules shall be included in the respective budgets of the responsible national government agencies
subject to availability of funds. The heads of departments and agencies as well as local chief executives HON. MARIANITO D. ROQUE HON. JOSEPH H. DURANO
concerned shall immediately include in their annual appropriations the funding necessary to implement Secretary Secretary
these programs and services. Dept. of Labor and Employment Department of Tourism

Section 1. The funds to be used for the national health program and for the vaccination of indigent HON. NOLI C. DE CASTRO HON. PASTOR Z. GUIAO
senior citizens in the first year of implementation shall be added to the regular appropriations of the Vice-President and Chairperson Director-General
DOH and thereafter, as a line item under the DOH budget in the subsequent General Appropriations Act Housing and Urban Development Technical Education and Skills
(GAA) subject to availability of funds. Coordinating Council Development Authority

Section 2. The monthly social pension for indigent senior citizens in the first year of implementation HON. MONA D. VALISNO HON. EMMANUEL Y. ANGELES
shall be added to the regular appropriations of the DSWD and thereafter as a line item under the DSWD Secretary Chairperson
budget in the subsequent GAA subject to availability of funds. Department of Education Commission on Higher Education

Section 3. The local government units concerned shall provide the necessary appropriations for the HON. AUGUSTO B. SANTOS
MR. FRANSISKUS KUPANG
operation and maintenance of the OSCA. Director-General
Executive Director
National Economic and Development
Coalition of Services for the Elderly
Authority
Article 27. Repealing Clause. - All laws, presidential decrees, executive orders and rules and
regulations or part thereof, contrary to, or inconsistent with the provisions of these Rules, are hereby
MR. JOSE P. ORDOÑEZ, JR. MR. FELIPE A. HIDALGO, JR.
repealed or modified accordingly.
National Secretary President
Federation of Senior Citizens Association of Retired Postal
Article 28. Separability Clause. - Should any provision of the Rules be found unconstitutional or invalid Association of the Philippines Employees and Senior Citizens, Inc.
by a court of law, such provision shall be served from the remainder of these Rules and such action
shall not affect the enforceability of the remaining provisions of these Rules. SR. NIEVA MANZANO, DC
Louise de Marillac Foundation
Republic of the Philippines (g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use
Congress of the Philippines and enjoyment of persons with disability;
Metro Manila
(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post
Thirteenth Congress tertiary, as well as vocational or technical education, In both public and private schools, through the
Third Regular Session provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with
disability, including support for books, learning materials, and uniform allowance to the extent
feasible: provided, that persons with disability shall meet minimum admission requirements;

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six. (i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the case
may be, as are enjoyed by those in actual service;
REPUBLIC ACT NO. 9442 April 30, 2007

(j) To the extent possible, the government may grant special discounts in special programs for persons
AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR
with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the
DISABLED PERSONS, AND FOR OTHER PURPOSES"
Department of Trade and Industry (DTI) and the Department of Agriculture (DA); and

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
(k) Provision of express lanes for persons with disability in all commercial and government establishments;
in the absence thereof, priority shall be given to them.
SECTION 1. A new chapter, to be denominated as "Chapter 8. Other Privileges and Incentives" is hereby added to
Title Two of Republic Act No. 7277, otherwise known as the "Magna Carta for Disabled Persons", with new Sections
The abovementioned privileges are available only to persons with disability who are Filipino citizens upon
32 and 33, to read as follows:
submission of any of the following as proof of his/her entitlement thereto:

"CHAPTER 8. Other Privileges and Incentives


(I) An identification card issued by the city or municipal mayor the barangay captain of the place
where the person with disability resides;
"SEC. 32. Persons with disability shall be entitled to the following:
(II) The passport of the persons with disability concerned; or
(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in
hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or
(III) Transportation discount fare Identification Card (ID) issued by the National Council for the
enjoyment of persons with disability;
Welfare of Disabled Persons (NCWDP).

(b) A minimum of twenty percent (20%) discount on admission fees charged by the theaters, cinema
The privileges may not be claimed if the persons with disability claims a higher discount as may be granted
houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for
by the commercial establishment and/or under other existing laws or in combination with other discount
the exclusive use or enjoyment of persons with disability;
program/s.

(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive
The establishments may claim the discounts granted in sub-sections (a), (b), (c), (e), (f) and (g) as tax
use or enjoyment of persons with disability;
deductions based on the net cost of the goods sold or services rendered: provided, however, That the cost
of the discount shall be allowed as deduction from gross income for the same taxable year that the
(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and discount is granted: provided, further, That the total amount of the claimed tax deduction net of value-
laboratory fees such as, but not limited to x-rays, computerized tomography scans and blood tests, in all added tax if applicable, shall be Included in their gross sales receipts for tax purposes and shall be subject
government facilities, subject to guidelines to be issued by the Department of Health (DOH), in to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as
coordination with the Philippine Health Insurance Corporation (PHILHEALTH); amended."

(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and "SEC. 33. Incentives. - Those caring for and living with a person with disability shall be granted the
laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in following incentives;
accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH;
(a) persons with disability shall be treated as dependents under Section 35(A) of the National Internal
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the
enjoyment of persons with disability; privileges granted by the code Insofar as having dependents under the same section are concerned; and
(b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement (b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less
villages solely to suit the needs and requirements of persons with disability shall be accorded the following: than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty
thousand pesos (P50,000.00), or both, at the discretion of the court.
(i) Realty tax holiday for the first five years of operation; and
(c) If the violator is a corporation organization or any similar entity, the officials thereof directly involved
shall be liable therefore.
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the
aforesaid home residential community or retirement village."
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence
without further deportation proceedings.
SEC. 2. Republic Act No. 7277 is hereby amended by inserting a new title, chapter and section after Section 38 to be
denominated as Title 4, chapters 1 and 2 and Sections 39, 40, 41 and 42 to read as follows:
Upon filing of an appropriate complaint, and after notice and hearing the proper authorities may also cause
the cancellation or revocation of the business permit, permit to operate, franchise and other similar
"Title Four
privileges granted to any business entity that fails to abide by the provisions of this Act."

Prohibitions on Verbal, Non-verbal Ridicule and VilificationAgainst Persons with Disability


Sec. 4. The title of Republic Act No. 7277 is hereby amended to read as the "Magna Carta for Persons with
Disability", and all references on the said law to "disabled persons" shall likewise be amended to read as "persons
"CHAPTER 1. Deliverance from Public Ridicule. with disability".

"SEC. 39. Public Ridicule . - For purposes of this Chapter, public ridicule shall be defined as an act of SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled
making fun or contemptuous initiating or making mockery of persons with disability whether in writing or in Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees and
words, or in action due to their impairment/s. other agencies, organizations, establishments shall formulate an agencies, organizations, establishments shall
formulate an implementing rules and regulations pertinent to the provisions of this Act within six months after the
effectivity of this Act.
"SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons
with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.
SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.
"CHAPTER 2. Deliverance from Vilification
Approved,
"SEC. 41. Vilification. - For purposes of this chapter, vilification shall be defined as: JOSE DE VENECIA JR. MANNY VILLAR
Speaker of the House of President of the Senate
Representatives
(a) the utterance of slanderous and abusive statements against a person with disability; and/or

This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by the Senate
(b) An activity in public which incites hatred towards serious contempt for, or severe ridicule of persons and the House of Representatives on February 8, 2007 and February 7, 2007, respectively.
with disability."
ROBERTO P. NAZARENO OSCAR G. YABES
Secretary General Secretary of Senate
"SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability House of Represenatives
which could result into loss of self-esteem of the latter."
Approved: April 30, 2007
SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:
GLORIA MACAPAGAL-ARROYO
"SEC. 46. Penal Clause. - President of the Philippines

(a) Any person who violates any provision of this Act shall suffer the following penalties:

(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not
exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six
months but not more than two years, or both at the discretion of the court; and

(2) For any subsequent violation, a fine of not less than One hundred thousand pesos
(P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment
for not less than two years but not more than six years, or both at the discretion of the court.
Republic of the Philippines information or a confession; punishing him/her for an act he/she or a third person has
Congress of the Philippines committed or is suspected of having committed; or intimidating or coercing him/her or a third
Metro Manila person; or for any reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of a person in authority
Fourteenth Congress or agent of a person in authority. It does not include pain or Buffering arising only from,
Third Regular Session inherent in or incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
person in authority or agent of a person in authority against a person under his/her custody,
which attains a level of severity causing suffering, gross humiliation or debasement to the
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. latter.

REPUBLIC ACT N0. 9745 (c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as a
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT result of any act(s) of torture, or other cruel, inhuman and degrading treatment or punishment.
OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
(d) "Order of Battle" refers to any document or determination made by the military, police or
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: any law enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and that it considers as legitimate
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009". targets as combatants that it could deal with, through the use of means allowed by domestic
and international law.

Section 2. Statement of Policy. - It is hereby declared the policy of the State:


Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the
following:
(a) To value the dignity of every human person and guarantee full respect for human rights;
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or
(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners agent of a person in authority upon another in his/her custody that causes severe pain,
are respected at all times; and that no person placed under investigation or held in custody of exhaustion, disability or dysfunction of one or more parts of the body, such as:
any person in authority or, agent of a person authority shall be subjected to physical,
psychological or mental harm, force, violence, threat or intimidation or any act that impairs
his/her free wi11 or in any manner demeans or degrades human dignity; (1) Systematic beating, headbanging, punching, kicking, striking with truncheon or
rifle butt or other similar objects, and jumping on the stomach;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta
and other stuff or substances not normally eaten;

(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various international (3) Electric shock;
instruments to which the Philippines is a State party such as, but not limited to, the
International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing
the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against of pepper or other chemical substances on mucous membranes, or acids or spices
Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or directly on the wound(s);
Degrading Treatment or Punishment (CAT); and all other relevant international human rights
instruments to which the Philippines is a signatory. (5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(6) Being tied or forced to assume fixed and stressful bodily position;
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex (8) Causing the torture sessions to be witnessed by the person's family, relatives or
organ or rectum, or electrical torture of the genitals; any third party;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia, (9) Denial of sleep/rest;
ear, tongue, etc.;
(10) Shame infliction such as stripping the person naked, parading him/her in public
(9) Dental torture or the forced extraction of the teeth; places, shaving the victim's head or putting marks on his/her body against his/her will;

(10) Pulling out of fingernails; (11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) Other analogous acts of mental/psychological torture.
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation; Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not
(13) The use of psychoactive drugs to change the perception, memory. alertness or enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in
will of a person, such as: authority against another person in custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the treatment or punishment, its
(i) The administration or drugs to induce confession and/or reduce mental physical and mental effects and, in some cases, the sex, religion, age and state of health of the victim.
competency; or
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment,
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and An Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as
criminal acts shall apply to all circumstances. A state of war or a threat of war, internal political
(14) Other analogous acts of physical torture; and instability, or any other public emergency, or a document or any determination comprising an "order of
battle" shall not and can never be invoked as a justification for torture and other cruel, inhuman and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of degrading treatment or punishment.
a person in authority which are calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as: Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or
other similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited.
(1) Blindfolding;
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other other law enforcement. agencies concerned shall make an updated list of all detention centers and
wrongful acts; facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees
incarcerated or detained therein such as, among others, names, date of arrest and incarceration, and
the crime or offense committed. This list shall be made available to the public at all times, with a copy of
(3) Confinement in solitary cells or secret detention places; the complete list available at the respective national headquarters of the PNP and AFP. A copy of the
complete list shall likewise be submitted by the PNP, AFP and all other law enforcement agencies to the
(4) Prolonged interrogation; Commission on Human Rights (CHR), such list to be periodically updated, by the same agencies, within
the first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and other
law enforcement agencies shall also maintain a similar list far all detainees and detention facilities within
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
their respective areas, and shall make the same available to the public at all times at their respective
detainee or prisoner;
regional headquarters, and submit a copy. updated in the same manner provided above, to the
respective regional offices of the CHR.
(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same
(7) Maltreating a member/s of a person's family; is used as evidence against a person or persons accused of committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture (a) The name, age and address of the patient or victim;
shall have the following rights in the institution of a criminal complaint for torture:
(b) The name and address of the nearest kin of the patient or victim;
(a) To have a prompt and an impartial investigation by the CHR and by agencies of
government concerned such as the Department of Justice (DOJ), the Public Attorney's Office (c) The name and address of the person who brought the patient or victim for physical,
(PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A prompt psychological and mental examination, and/or medical treatment;
investigation shall mean a maximum period of sixty (60) working days from the time a
complaint for torture is filed within which an investigation report and/or resolution shall be
completed and made available. An appeal whenever available shall be resolved within the (d) The nature and probable cause of the patient or victim's injury, pain and disease and/or
same period prescribed herein, trauma;

(b) To have sufficient government protection against all forms of harassment; threat and/or (e) The approximate time and date when the injury, pain, disease and/or trauma was/were
intimidation as a consequence of the filing of said complaint or the presentation of evidence sustained;
therefor. In which case, the State through its appropriate agencies shall afford security in order
to ensure his/her safety and all other persons involved in the investigation and prosecution (f) The place where the injury, pain, disease and/or trauma was/were sustained;
such as, but not limited to, his/her lawyer, witnesses and relatives; and
(g) The time, date and nature of treatment necessary; and
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents
evidence in any fora in order to avoid further trauma. (h) The diagnosis, the prognosis and/or disposition of the patient.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily
Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data waive such rights in writing, executed in the presence and assistance of his/her counsel.
proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading and inhuman
treatment or punishment shall be disposed of expeditiously and any order of release by virtue thereof, or
other appropriate order of a court relative thereto, shall be executed or complied with immediately. Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who
cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in punishment by previous or simultaneous acts shall be liable as principal
the investigation and monitoring and/or filing of the complaint for a person who suffers torture and other
cruel, inhuman and degrading treatment or punishment, or for any interested party thereto.
Any superior military, police or law enforcement officer or senior government official who issued an
order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable
The victim or interested party may also seek legal assistance from the Barangay Human Rights Action as principals.
Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of
every person arrested, detained or under custodial investigation shall have the right to he informed of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or
his/her right to demand physical examination by an independent and competent doctor of his/her own negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or
choice. If such person cannot afford the services of his/her own doctor, he/she shall he provided by the indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the
State with a competent and independent doctor to conduct physical examination. The State shall circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading
endeavor to provide the victim with psychological evaluation if available under the circumstances. If the treatment or punishment shall be committed, is being committed, or has been committed by his/her
person arrested is a female, she shall be attended to preferably by a female doctor. Furthermore, any subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take
person arrested, detained or under custodial investigation, including his/her immediate family, shall preventive or corrective action either before, during or immediately after its commission, when he/she
have the right to immediate access to proper and adequate medical treatment. The physical has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading
examination and/or psychological evaluation of the victim shall be contained in a medical report, duly treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately
signed by the attending physician, which shall include in detail his/her medical history and findings, and or due to negligence shall also be liable as principals.
which shall he attached to the custodial investigation report. Such report shall be considered a public
document.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or punishment is being committed and without having
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and
mental examinations, the medical reports shall, among others, include:
participated therein, either as principal or accomplice, takes part subsequent to its commission in any of (g) The penalty of prision correccional in its minimum and medium period shall be imposed if,
the following manner: in consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30)
days or less.
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading treatment or punishment; (h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in Section 5 of this Act.
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or instruments thereof in order to prevent its (i) The penalty of prision correccional shall be imposed upon those who establish, operate and
discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the act maintain secret detention places and/or effect or cause to effect solitary confinement,
of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the incommunicado or other similar forms of prohibited detention as provided in Section 7 of this
accessory acts are done with the abuse of the official's public functions. Act where torture may be carried out with impunity.

Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of (j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of
the following acts: the AFP, the PNP and other law enforcement agencies for failure to perform his/her duty to
maintain, submit or make available to the public an updated list of detention centers and
(1) Torture resulting in the death of any person; facilities with the corresponding data on the prisoners or detainees incarcerated or detained
therein, pursuant to Section 7 of this Act.
(2) Torture resulting in mutilation;
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or
shall not be absorbed by any other crime or felony committed as a consequence, or as a means in the
(3) Torture with rape; conduct or commission thereof. In which case, torture shall be treated as a separate and independent
criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim for by domestic and international laws.
shall have become insane, imbecile, impotent, blind or maimed for life; and
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the
(5) Torture committed against children. crime of torture, persons who have committed any act of torture shall not benefit from any special
amnesty law or similar measures that will have the effect of exempting them from any criminal
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of proceedings and sanctions.
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame. Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another
State where there are substantial grounds to believe that such person shall be in danger of being
(c) The penalty of prision correccional shall be imposed on those who commit any act of torture subjected to torture. For the purposes of determining whether such grounds exist, the Secretary of the
resulting in psychological, mental and emotional harm other than those described 1n Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson
paragraph (b) of this section. ' of the CHR, shall take into account all relevant considerations including, where applicable and not
limited to, the existence in the requesting State of a consistent pattern of gross, flagrant or mass
violations of human rights.
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost the power of speech or the power to hear or
to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the use of Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the
any such member; Or shall have become permanently incapacitated for labor. right to claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case
shall compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also
have the right to claim for compensation from such other financial relief programs that may be made
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in available to him/her under existing law and rules and regulations.
consequence of torture, the victim shall have become deformed or shall have lost any part of
his/her body other than those aforecited, or shall have lost the use thereof, or shall have been
ill or incapacitated for labor for a period of more than ninety (90) days. Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this
Act, the Department of Social Welfare and Development (DSWD), the DOJ and the Department of
Health (DOH) and such other concerned government agencies, and human rights organizations shall
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum formulate a comprehensive rehabilitation program for victims of torture and their families. The DSWD,
period shall be imposed if, in consequence of torture, the victim shall have been ill or the DOJ and thc DOH shall also call on human rights nongovernment organizations duly recognized by
incapacitated for labor for mare than thirty (30) days but not more than ninety (90) days. the government to actively participate in the formulation of such program that shall provide for the
physical, mental, social, psychological healing and development of victims of torture and their families. (Sgd.) PROSPERO C. (Sgd.) JUAN PONCE ENRILE
Toward the attainment of restorative justice, a parallel rehabilitation program for persons who have NOGRALES President of the Senate
committed torture and other cruel, inhuman and degrading punishment shall likewise be formulated by Speaker of the House of
the same agencies. Representatives

Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to This Act which is a consolidation of House Bill No. 5709 and Senate Bill No. 1978 was finally passed by
periodically oversee the implementation of this Act. The Committee shall be headed by a Commissioner the House of Representatives and the Senate on September 2,2009.
of the CRR, with the following as members: the Chairperson of the Senate Committee on Justice and
Human Rights, the respective Chairpersons of the House of Representatives' Committees on Justice
and Human Rights, and the Minority Leaders of both houses or their respective representatives in the (Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
minority. Secretary General Secretary of Senate
House of Representives
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National
Defense (DND), the Department of the Interior and Local Government (DILG) and such other concerned Approved: November 10, 2009
parties in both the public and private sectors shall ensure that education and information regarding
prohibition against torture and other cruel, inhuman and degrading treatment or punishment shall be (Sgd.) GLORIA MACAPAGAL-ARROYO
fully included in the training of law enforcement personnel, civil or military, medical personnel, public President of the Philippines
officials and other persons who may be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment. The Department of Education
(DepED) and the Commission on Higher Education (CHED) shall also ensure the integration of human
rights education courses in all primary, secondary and tertiary level academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code
insofar as they are applicable shall be suppletory to this Act. Moreover, if the commission of any crime
punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty
and Security) of the Revised Penal Code is attended by any of the acts constituting torture and other
cruel, inhuman and degrading treatment or punishment as defined herein, the penalty to be imposed
shall be in its maximum period.

Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial implementation of tills Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation
of human rights nongovernmental organizations, shall promulgate the rules and regulations for the
effective implementation of tills Act. They shall also ensure the full dissemination of such rules and
regulations to all officers and members of various law enforcement agencies.

Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
other provisions not affected thereby shall continue to be in full force and effect.

Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to
or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Approved,