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
Metro Manila
Thirteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five.
Republic Act No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
TITLE I
GOVERNING PRINCIPLES
CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare
Act of 2006."It shall cover the different stages involving children at risk and children in conflict with the
law from prevention to rehabilitation and reintegration.
SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times:
(a) The State recognizes the vital role of children and youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public
and civic affairs.
(b) The State shall protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those to which the
Philippines is a party. Proceedings before any authority shall be conducted in the best interest
of the child and in a manner which allows the child to participate and to express himself/herself
freely. The participation of children in the program and policy formulation and implementation
related to juvenile justice and welfare shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and
other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the
State recognizes the right of every child alleged as, accused of, adjudged, or recognized as
having infringed the penal law to be treated in a manner consistent with the promotion of the
child's sense of dignity and worth, taking into account the child's age and desirability of
promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt
measures for dealing with such children without resorting to judicial proceedings, providing that
human rights and legal safeguards are fully respected. It shall ensure that children are dealt
with in a manner appropriate to their well-being by providing for, among others, a variety of
disposition measures such as care, guidance and supervision orders, counseling, probation,
foster care, education and vocational training programs and other alternatives to institutional
care.
(e) The administration of the juvenile justice and welfare system shall take into consideration
the cultural and religious perspectives of the Filipino people, particularly the indigenous
peoples and the Muslims, consistent with the protection of the rights of children belonging to
these communities.
programs applicable to children in conflict with the law.
SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions
of this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor
of the child in conflict with the law.
SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
(a) "Bail" refers to the security given for the release of the person in custody of the law,
furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail
may be given in the form of corporate security, property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which
are most congenial to the survival, protection and feelings of security of the child and most
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
child.
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling, or
unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
(f) "Community-based Programs" refers to the programs provided in a community setting
developed for purposes of intervention and diversion, as well as rehabilitation of the child in
conflict with the law, for reintegration into his/her family and/or community.
(g) "Court" refers to a family court or, in places where there are no family courts, any regional
trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement
of a child in conflict with the law in a public or private custodial setting, from which the child in
conflict with the law is not permitted to leave at will by order of any judicial or administrative
authority.
(i) "Diversion" refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational background without resorting to formal court
proceedings.
(j) "Diversion Program" refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court
proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict 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
9(b) of the same Rule in cases that do not require preliminary investigation or where there is
no necessity to place the child alleged to be in conflict with the law under immediate custody.
(I) "Intervention" refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized treatment
program which may include counseling, skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well-being.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to
ensure their normal growth and development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code, including a barangay tanod.
(0) "Offense" refers to any act or omission whether punishable under special laws or the
Revised Penal Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or
custodian who shall be responsible for the appearance in court of the child in conflict with the
law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the offended and the community; and
reassurance to the offender that he/she can be reintegrated into society. It also enhances
public safety by activating the offender, the victim and the community in prevention strategies.
(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult
does not suffer any penalty for committing similar acts. These shall include curfew violations;
truancy, parental disobedience and the like.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited
local government units (LGUs) and licensed and/or accredited nongovernment organizations
(NGOs) providing short-term residential care for children in conflict with the law who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the
Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited
NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for
children in conflict with the law. Rehabilitation services are provided under the guidance of a
trained staff where residents are cared for under a structured therapeutic environment with the
end view of reintegrating them into their families and communities as socially functioning
individuals. Physical mobility of residents of said centers may be restricted pending court
disposition of the charges against them.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have
the following rights, including but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without
the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest appropriate
period of time;
(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and
in a manner which takes into account the needs of a person of his/her age. In particular, a child
deprived of liberty shall be separated from adult offenders at all times. No child shall be
detained together with adult offenders. He/She shall be conveyed separately to or from court.
He/She shall await hearing of his/her own case in a separate holding area. A child in conflict
with the law shall have the right to maintain contact with his/her family through correspondence
and visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a
child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her
best interest, the rights of the victim and the needs of society are all taken into consideration by
the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment,
the imposition of fine being preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation
Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of
Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the
time of the commission of the offense shall be exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with discernment,
in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.
SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of
minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be
eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate,
baptismal certificate or any other pertinent documents. In the absence of these documents, age may be
based on information from the child himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall
be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in
any appropriate court may file a case in a summary proceeding for the determination of age before the
Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
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,
the person shall file a motion to determine the age of the child in the same court where the case is
pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts at determining the age of the child in conflict with the law.
TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council
(JJWC) is hereby created and attached to the Department of Justice and placed under its administrative
supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination among the
following agencies:
(a) Council for the Welfare of Children (CWC);
(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney's Office (PAO);
(e) Bureau of Corrections (BUCOR);
(f) Parole and Probation Administration (PPA)
(g) National Bureau of Investigation (NBI);
(h) Philippine National Police (PNP);.
(i) Bureau of Jail Management and Penology (BJMP);
(i) Commission on Human Rights (CHR);
(k) Technical Education and Skills Development Authority (TESDA);
(l) National Youth Commission (NYC); and
(m) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be
designated by the concerned heads of the following departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC)
(d) Department of Education (DepEd);
(e) Department of the Interior and Local Government (DILG)
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and
the other to be designated by the Secretary of Social Welfare and Development.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice
and the Secretary of Social Welfare and Development shall determine the organizational structure and
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,
as herein provided.
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program,
with the participation of government agencies concerned, NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention programs and activities by
national government agencies and other activities which may have an important bearing on the
success of the entire national juvenile intervention program. All programs relating to juvenile
justice and welfare shall be adopted in consultation with the JJWC;
(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;
(g) To collect relevant information and conduct continuing research and support evaluations
and studies on all matters relating to juvenile justice and welfare, such as but not limited to:
(1) the performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;
(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration of
juvenile justice and welfare system.
The JJWC shall set up a mechanism to ensure that children are involved in research and
policy development.
(h) Through duly designated persons and with the assistance of the agencies provided in the
preceding section, to conduct regular inspections in detention and rehabilitation facilities and to
undertake spot inspections on their own initiative in order to check compliance with the
standards provided herein and to make the necessary recommendations to appropriate
agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved
in the administration of the juvenile justice and welfare system and the juvenile intervention
program;
(j) To submit an annual report to the President on the implementation of this Act; and
(k) To perform such other functions as may be necessary to implement the provisions of this
Act.
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies
enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the
effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These
policies and procedures shall be modified accordingly in consultation with the JJWC upon the
completion of the national juvenile intervention program as provided under Section 9 (d).
SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human
Rights shall ensure that the status, rights and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of
government compliance of all treaty obligations, including the timely and regular submission of reports
before the treaty bodies, as well as the implementation and dissemination of recommendations and
conclusions by government agencies as well as NGOs and civil society.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
SEC. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children
which is critical in delinquency prevention. As far as practicable and in accordance with the procedures
of this Act, a child in conflict with the law shall be maintained in his/her family.
SEC. 13. The Educational System. - Educational institutions shall work together with families,
community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation
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
the law. In cases where children in conflict with the law are taken into custody or detained in
rehabilitation centers, they should be provided the opportunity to continue learning under an alternative
learning system with basic literacy program or non- formal education accreditation equivalency system.
SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of
child rights, and delinquency prevention by relaying consistent messages through a balanced approach.
Media practitioners shall, therefore, have the duty to maintain the highest critical and professional
standards in reporting and covering cases of children in conflict with the law. In all publicity concerning
children, the best interest of the child should be the primordial 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.
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. -
Local Councils for the Protection of Children (LCPC) shall be established in all levels of local
government, and where they have already been established, they shall be strengthened within one (1)
year from the effectivity of this Act. Membership in the LCPC shall be chosen from among the
responsible members of the community, including a representative from the youth sector, as well as
representatives from government and private agencies concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for
the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper
implementation.
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be
allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a
duly licensed social worker as its local social welfare and development officer tasked to assist children
in conflict with the law.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the
LCPC in the formulation and implementation of juvenile intervention and diversion programs in the
community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive
juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the
barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their respective juvenile intervention
programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-
focused institutions, NGOs, people's organizations, educational institutions and government agencies
involved in delinquency prevention to participate in the planning process and implementation of juvenile
intervention programs. Such programs shall be implemented consistent with the national program
formulated and designed by the JJWC. The implementation of the comprehensive juvenile intervention
program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. Results
of the assessment shall be submitted by the provincial and city governments to the JJWC not later than
March 30 of every year.
SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based
programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school,
youth organizations and other concerned agencies. The LGUs shall provide community-based services
which respond to the special needs, problems, interests and concerns of children and which offer
appropriate counseling and guidance to them and their families. These programs shall consist of three
levels:
(a) Primary intervention includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice
system and other measures to prevent re-offending.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact
with the child has the duty to immediately release the child to the custody of his/her parents or guardian,
or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social
welfare and development officer who will determine the appropriate programs in consultation with the
child and to the person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any of the following: a
duly registered nongovernmental or religious organization; a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer;
or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local
Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for involuntary
commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant
to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into
custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why
he/she is being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional
rights in a language or dialect understood by him/her;
(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or
restraint, unless absolutely necessary and only after all other methods of control have been
exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary
for his/her apprehension;
(g) Avoid violence or unnecessary force;
(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
child to the Social Welfare and Development Office or other accredited NGOs, and notify the
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
counseling and rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical
and mental examination. The examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is required, steps shall be
immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child
shall be secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details
of the physical and medical examination or the failure to submit a child to such
examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by
the child's parents or guardian, social worker, or legal counsel in attendance who shall affix
his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender
and shall not be locked up in a detention cell.
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) child's
counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's
parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and
development officer. In the absence of the child's parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.
CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs
without undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local
social welfare and development officer or other members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where appropriate, adopt indigenous modes of
conflict resolution in accordance with the best interest of the child with a view to accomplishing
the objectives of restorative justice and the formulation of a diversion program. The child and
his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the child and
his/her parents or guardians for the development of the appropriate diversion and rehabilitation
program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the court.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the
Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage
and at all 1evels and phases of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo
conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said
system. A contract of diversion may be entered into during such conferencing, mediation or conciliation
proceedings.
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a diversion program shall be developed when appropriate
and desirable as determined under Section 30. Such admission shall not be used against the child in
any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be
effective and binding if accepted by the parties concerned. The acceptance shall be in writing and
signed by the parties concerned and the appropriate authorities. The local social welfare and
development officer shall supervise the implementation of the diversion program. The diversion
proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall
be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days.
The child shall present himself/herself to the competent authorities that imposed the diversion program
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
social welfare and development officer, shall give the offended party the option to institute the
appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivity of the diversion
program, but not exceeding a period of two (2) years.
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion,
the Punong Barangay handling the case shall, within three (3) days from determination of the absence
of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward
the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court,
as the case may be. Upon the issuance of the corresponding document, certifying to the fact that no
agreement has been reached by the parties, the case shall be filed according to the regular process.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does
not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a
diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer
handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of
inquest and/or preliminary investigation to determine whether or not the child should remain under
custody and correspondingly charged in court. The document transmitting said records shall display the
word "CHILD" in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is
appropriate and desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
 (g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the individual
characteristics and the peculiar circumstances of the child in conflict with the law shall be used to
formulate an individualized treatment.
The following factors shall be considered in formulating a diversion program for the child:
(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;
(c) The victim's view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of the
child.
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate socio-cultural
and psychological responses and services for the child. At the different stages where diversion may be
resorted to, the following diversion programs may be agreed upon, such as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can
lead to repetition of the offense;
(8) Participation in available community-based programs, including community
service; or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct
inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If
there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or
detention, it shall be the duty of the prosecutor to investigate the same.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a
preliminary investigation in the following instances: (a) when the child in conflict with the law does not
qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as
specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the
social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the
law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney's Office of such service, as well as the personal information, and place of detention of the child
in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child shall be filed
before the Family Court within forty-five (45) days from the start of the preliminary investigation.
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating
circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on
bail or recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and
whenever possible, detention pending trial may be replaced by alternative measures, such as close
supervision, intensive care or placement with a family or in an educational setting or home.
Institutionalization or detention of the child pending trial shall be used only as a measure of last resort
and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention homes established
by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where
the child resides.
In the absence of a youth detention home, the child in conflict with the law may be committed to the
care of the DSWD or a local rehabilitation center recognized by the government in the province, city or
municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for
the child's appearance in court whenever required.
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with
which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years,
regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in
conflict with the law, the court shall determine whether or not diversion is appropriate.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of
age at the time of the commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various chcumstances of the child, the court
shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles
in Conflict with the Law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social
worker who has custody of the child, the court shall dismiss the case against the child whose sentence
has been suspended and against whom disposition measures have been issued, and shall order the
final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective
of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if
the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the law shall be brought before the court for execution of
judgment.
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
execution of sentence, or to extend the suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21) years.
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. 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
probation in lieu of service of his/her sentence taking into account the best interest of the child. For this
purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is
hereby amended accordingly.
CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving
children in conflict with the law from initial contact until final disposition of the case shall be considered
privileged and confidential. The public shall be excluded during the proceedings and the records shall
not be disclosed directly or indirectly to anyone by any of the parties or the participants in the
proceedings for any purpose whatsoever, except to determine if the child in conflict with the law may
have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to
enforce the civil liability imposed in the criminal action.
The component authorities shall undertake all measures to protect this confidentiality of proceedings,
including non-disclosure of records to the media, maintaining a separate police blotter for cases
involving children in conflict with the law and adopting a system of coding to conceal material
information which will lead to the child's identity. Records of a child in conflict with the law shall not be
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.
A person who has been in conflict with the law as a child shall not be held under any provision of law, to
be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge
the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose.
TITLE VI
REHABILITATION AND REINTEGRATION
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and
reintegration of children in conflict with the law is to provide them with interventions, approaches and
strategies that will enable them to improve their social functioning with the end goal of reintegration to
their families and as productive members of their communities.
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility
without a valid order issued by the court after a hearing for the purpose. The details of this order shall
be immediately entered in a register exclusively for children in conflict with the law. No child shall be
admitted in any facility where there is no such register.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall be
mandatory that children shall be separated from adults unless they are members of the same family.
Under no other circumstance shall a child in conflict with the law be placed in the same confinement as
adults.
The rehabilitation, training or confinement area of children in conflict with the law shall provide a home
environment where children in conflict with the law can be provided with quality counseling and
treatment.
SEC. 47. Female Children. - Female children in conflict with the law placed in an institution shall be
given special attention as to their personal needs and problems. They shall be handled by female
doctors, correction officers and social workers, and shall be accommodated separately from male
children in conflict with the law.
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. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build
youth detention homes as mandated by the Family Courts Act. Youth detention homes may also be
established by private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.
SEC. 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
parents or those persons liable to support him/her: Provided, That in case his/her parents or those
persons liable to support him/her cannot pay all or part of said expenses, the municipality where the
offense was committed shall pay one-third (1/3) of said expenses or part thereof; the province to which
the municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the
national government. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a
chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid
portion shall be withheld and applied to the settlement of said obligations: Provided, further, That in the
event that the child in conflict with the law is not a resident of the municipality/city where the offense was
committed, the court, upon its determination, may require the city/municipality where the child in conflict
with the law resides to shoulder the cost.
All city and provincial governments must exert effort for the immediate establishment of local detention
homes for children in conflict with the law.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training
Facilities. - A child
in conflict with the law may, after conviction and upon order of the court, be made to serve his/her
sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training
facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination
with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the law,
whose sentences are suspended may, upon order of the court, undergo any or a combination of
disposition measures best suited to the rehabilitation and welfare of the child as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.
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
supervision and guidance of the local social welfare and development officer, and in coordination with
his/her parents/guardian, the child in conflict with the law shall participate in community-based
programs, which shall include, but not limited to:
(1) Competency and life skills development;
 (2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to actively
participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by the local social
welfare and development officer to the court for final disposition of the case.
If the community-based programs are provided as diversion measures under Chapter II, Title V, the
programs enumerated above shall be made available to the child in conflict with the law.
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group
care, treatment and rehabilitation services under the guidance of a trained staff where residents are
cared for under a structured therapeutic environment with the end view of reintegrating them in their
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
of the youth in the center, a final report will be forwarded to the court for final disposition of the case.
The DSWD shall establish youth rehabilitation centers in each region of the country.
SEC. 54. Objectives of Community Based Programs. - The objectives of community-based programs
are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law
in case he/she is studying, working or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to
maintain the support system fostered by their relationship and to create greater awareness of
their mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and
encourage community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail
detention.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-based
programs that will focus on the rehabilitation and reintegration of the child. All programs shall meet the
criteria to be established by the JJWC which shall take into account the purpose of the program, the
need for the consent of the child and his/her parents or legal guardians, and the participation of the
child-centered agencies whether public or private.
SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in conflict
with the law whose cases have been dismissed by the proper court because of good behavior as per
recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center
shall be provided after-care services by the local social welfare and development officer for a period of
at least six (6) months. The service includes counseling and other community-based services designed
to facilitate social reintegration, prevent re-offending and make the children productive members of the
community.
TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by
an adult shall not be considered an offense and shall not be punished if committed by a child.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised
Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under
Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention
on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and
treatment program.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal
Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs
Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in
conflict with the law.
CHAPTER 2
PROHIBITED ACTS
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
children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any
other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly
with respect to the child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered
prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health
and well-being of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict
with the law, or forcing him/her to walk around the community wearing signs which embarrass,
humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all
instances.
CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any person
who violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall,
upon conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos
(P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less
than eight (8) years but not more than ten (10) years, or both such fine and imprisonment at the
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
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act
shall be charged to the Office of the President. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the succeeding General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be
taken from the proceeds of the Philippine Charity Sweepstakes Office.
SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by
such declaration shall remain in force and effect.
SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
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
children and guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their personal
safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
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
rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts committed
by any person against a woman who is his wife, former wife, or against a woman with whom
the person has or had a sexual or dating relationship, or with whom he has a common child, or
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
deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
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:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her
child as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual
activity by force, threat of force, physical or other harm or threat of physical
or other harm or coercion;
c) Prostituting the woman or child.
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
verbal abuse and mental infidelity. It includes causing or allowing the victim to witness
the physical, sexual or psychological abuse of a member of the family to which the
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
common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in
any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to
the use and enjoyment of the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the
conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to
the physical and psychological or emotional distress.
(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.
(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
surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing basis
during the course of the relationship. A casual acquaintance or ordinary socialization between
two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of
a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
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.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of
victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(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
child has the right to engage in, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her
child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
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.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof
shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide
or murder or homicide shall be punished in accordance with the provisions of the Revised
Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal
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
constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph but
shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(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) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of
her child, the penalty to be applied shall be the maximum period of penalty prescribed in the
section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and
shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at the option of the
compliant.
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
granting other necessary relief. The relief granted under a protection order serve the purpose of
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
provisions of the protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:
(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;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;
(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
permanently where no property rights are violated, and if respondent must remove personal
effects from the residence, the court shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school,
place of employment, or any specified place frequented by the petitioner and any designated
family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the petitioner
is safely restored to the possession of the automobile and other essential personal effects, or
to supervise the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically remitted directly to the woman. Failure
to remit and/or withhold or any delay in the remittance of support to the woman and/or her child
without justifiable cause shall render the respondent or his employer liable for indirect
contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon
and order him to surrender the same to the court for appropriate disposition by the court,
including revocation of license and disqualification to apply for any license to use or possess a
firearm. If the offender is a law enforcement agent, the court shall order the offender to
surrender his firearm and shall direct the appropriate authority to investigate on the offender
and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide
for the safety of the petitioner and any designated family or household member, provided
petitioner and any designated family or household member consents to such relief.
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.
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.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed
by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
(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;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence
against women and their children occurred and who has personal knowledge of the offense
committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on
venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence of
the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in
writing, signed and verified under oath by the applicant. It may be filed as an independent action or as
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
to the major local languages, shall be made available to facilitate applications for protections order, and
shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(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.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of
consent given by the victim for the filling of the application. When disclosure of the address of the victim
will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall
attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and
shall provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO
and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases
brought to their attention.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging
from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of
six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the
applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation
of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the
applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
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
desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex
parte determination of the basis of the application. If the Punong Barangay is 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
the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the
BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO,
the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the
respondent, or direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.
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
in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance
of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate
personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of
law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the
merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection
order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of
a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court
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
evidence by the applicant and render judgment on the basis of the evidence presented. The court shall
allow the introduction of any history of abusive conduct of a respondent even if the same was not
directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in
one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is
due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at
each particular time until final judgment is issued. The extended or renewed TPO may be modified by
the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall
be effective until revoked by a court upon application of the person in whose favor the order was issued.
The court shall ensure immediate personal service of the PPO on respondent.
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.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in
bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an
application for a protection order within the reglementary period specified in the previous section without
justifiable cause shall render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in
this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The hearing on any application for a
protection order filed by the petitioner must be conducted within the mandatory period specified in this
Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all other
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
in order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this
Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial
court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that
the offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and
upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without
need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
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.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on
protection orders shall be applicable in impliedly instituted with the criminal actions involving violence
against women and their children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection
order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake
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
no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a)
to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public
offense which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts
to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other
mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and
support of her child/children. Children below seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with right to support, unless the court finds
compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody
of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is
suffering from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should
observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers
shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim
by entering the necessary whether or not a protection order has been issued and ensure the
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;
(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
a call for help;
(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
by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just
been committed, and there is imminent danger to the life or limb of the victim as defined in this
Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not
limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who
suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(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
examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost;
and
(e) provide the victim immediate and adequate notice of rights and remedies provided under
this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and
LGUs shall establish programs such as, but not limited to, education and information campaign and
seminars or symposia on the nature, causes, incidence and consequences of such violence particularly
towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education
and training of their officers and personnel on the prevention of violence against women and their
children under the Act.
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence he
applicant for a protection order to compromise or abandon any of the reliefs sought in the application for
protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and
413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under
this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women
and their children as herein defined, any person, private individual or police authority or barangay official
who, acting in accordance with law, responds or intervenes without using violence or restraint greater
than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.
SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public
legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to
apply for a protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an
indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an
application for a protection order, the court shall accept the application without payment of the filing fee
and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on
Violence Against Women and their children, hereinafter known as the Council, which shall be composed
of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
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
needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank not
lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings
in their behalf, and shall receive emoluments as may be determined by the Council in accordance with
existing budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the
victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
implement services for victim of violence against women and their children.

SECTION 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
Children Cases. – All agencies involved in responding to violence against women and their children
cases shall be required to undergo education and training to acquaint them with:
a. 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
children;
c. the services and facilities available to victims or survivors;
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
the likelihood of injury to the officer and promote the safety of the victim or survivor.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other
applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions shall not be affected.
SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.

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
Congress of the Philippines
Metro Manila
Ninth Congress
Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the
State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child
when the parent, guardian, teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and custody of the
same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered
by circumstances which affect or will affect their survival and normal development and over which they
have no control.
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
the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms. –
(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
discrimination because of a physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
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;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter;
or
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent incapacity or
death.
(c) "Circumstances which gravely threaten or endanger the survival and normal development
of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions
of extreme poverty or in an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
 (4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development
of children.1awphi1Ÿ
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated,
by the Department of Justice and the Department of Social Welfare and Development in coordination
with other government agencies and private sector concerned, within one (1) year from the effectivity of
this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene
publications and indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for
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.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse; Provided, That when the victims is under
twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3,
for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct
when the victim is under twelve (12) years of age shall be reclusion temporal in its medium
period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in addition
to the activity for which the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found
alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is about to be exploited in
prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
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
child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
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
shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking
under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples
to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
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
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live
or in video, or model in obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.
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.
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
period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
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
Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist
resort or similar places shall suffer the penalty of prision mayor in its maximum period and a
fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not
apply to any person who is related within the fourth degree of consanguinity or affinity or any
bond recognized by law, local custom and tradition or acts in the performance of a social,
moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
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
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period,
a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over
the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including residential
places, who allows any person to take along with him to such place or places any minor herein
described shall be imposed a penalty of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place
or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249,
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
of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised
Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the
offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher
than that imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct
Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises
which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be immediately closed and their
authority or license to operate cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the
words "off 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)
year, as the Department may determine. The unauthorized removal of such sign shall be punishable by
prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under this Act or in violation of the
Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency
which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd
or indecent show; provides child masseurs for adults of the same or opposite sex and said services
include any lascivious conduct with the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts penalized herein.
 ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed: Provided, however, That his
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
child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or information through
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
possible, and the approval of the Department of Labor and Employment: Provided, That the
following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination
taking into account the system and level of remuneration, and the duration and arrangement of
working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the
effective implementation of this Section.
Section 13. Non-formal Education for Working Children. – The Department of Education, Culture
and Sports shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not undergone
or finished elementary or secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances.
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 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles
108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the
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
at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this
Article, the offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children
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
communities.
Section 18. System of and Access to Education. – The Department of Education, Culture and Sports
shall develop and institute an alternative system of education for children of indigenous cultural
communities which culture-specific and 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-
formal but functional indigenous educational programs conducted by non-government organizations in
said communities.
Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to
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
indigenous cultural communities, indigenous health practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to
any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty
of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more
than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their duly-designated or
appointed representatives shall be involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of indigenous cultural communities. Indigenous
institution shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
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
observed.
 (a) Children shall not be the object of attack and shall be entitled to special respect. They shall
be protected from any form of threat, assault, torture or other cruel, inhumane or degrading
treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines
of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as
guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-
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;
(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
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated
due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after
the safety and well-being of children during evacuation operations. Measures shall be taken to ensure
that children evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family
shall be housed in the same premises and given separate accommodation from other evacuees and
provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing
mothers and children shall be given additional food in proportion to their physiological needs. Whenever
feasible, children shall be given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who
has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is
entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the community
as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
committed the acts charged against him, the court shall determine the imposable penalty, including any
civil liability chargeable against him. 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
Department of Social Welfare and Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible person, until he has had reached
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.
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
designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
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
barangay to the municipal social welfare and development officer within twenty-four (24) hours from the
occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
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:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under
the protective custody of the Department of Social Welfare and Development pursuant to Executive
Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of
Social Welfare and Development shall be free from 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,
announcer or producer in case of television and radio broadcasting, producer and director of the film in
case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this
Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus,
election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908,
all courts shall give preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of
Justice, in coordination with the Department of Social Welfare and Development, shall promulgate rules
and regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the year following its enactment into
law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional,
the remaining provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts
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
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the the twenty-eight day of July, two thousand eight.
Republic Act No. 9710 August 14, 2009
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short Title. - This Act shall be known as "The Magna Carta of Women".
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
substantive equality of women and men. It shall promote empowerment of women and pursue equal
opportunities for women and men and ensure equal access to resources and to development results
and outcome. Further, the State realizes that equality of men and women entails the abolition of the
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
discrimination and inequality in the economic, political, social, and cultural life of women and men.
The State condemns discrimination against women in all its forms and pursues by all appropriate means
and without delay the policy of eliminating discrimination against women in keeping with the Convention
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
opportunities available to every member of society.
The State affirms women's rights as human rights and shall intensify its efforts to fulfill its duties under
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,
language, ethnicity, religion, ideology, disability, education, and status. The State shall provide the
necessary mechanisms to enforce women's rights and adopt and undertake all legal measures
necessary to foster and promote the equal opportunity for women to participate in and contribute to the
development of the political, economic, social, and cultural realms.
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
contribute to their families and communities to the fullest of their capabilities.
In pursuance of this policy, the State reaffirms the right of women in all sectors to participate in policy
formulation. planning, organization, implementation, management, monitoring, and evaluation of all
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
participation of women in national development.
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.
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.
Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly or
in part, upon the fulfillment of others.
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
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.
All people have the right to participate in and access information relating to the decision- making
processes that affect their lives and well-being. Rights-based approaches require a high degree of
participation by communities, civil society, minorities, women, young people, indigenous peoples, and
other identified groups.
States and other duty-bearers are answerable for the observance of human rights. They have to comply
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
proceedings for appropriate redress before a competent court or other adjudicator in accordance with
the rules and procedures provided by law.
CHAPTER II
DEFINITION OF TERMS
Section 4. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Women Empowerment" refers to the provision, availability, and accessibility of
opportunities, services, and observance of human rights which enable women to actively
participate and contribute to the political, economic, social, and cultural development of the
nation as well as those which shall provide them equal access to ownership, management, and
control of production, and of material and informational resources and benefits in the family,
community, and society.
(b) "Discrimination Against Women" refers to any gender-based distinction, exclusion, or
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,
civil, or any other field.
It includes any act or omission, including by law; policy, administrative measure, or practice,
that directly or indirectly excludes or restricts women in the recognition and promotion of their
rights and their access to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to
provide for mechanisms to offset or address sex or gender-based disadvantages or limitations
of women, as a result of which women are denied or restricted in the recognition and protection
of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or
women, more than men, are shown to have suffered the greater adverse effects of those
measures or practices.
Provided, finally, That discrimination compounded by or intersecting with other grounds, status,
or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination
against women under this Act.
(c) "Marginalization" refers to a condition where a whole category of people is excluded from
useful and meaningful participation in political, economic, social, and cultural life.
(d) "Marginalized" refers to the basic, disadvantaged, or vulnerable persons or groups who are
mostly living in poverty and have little or no access to land and other resources, basic social
and economic services such as health care, education, water and sanitation, employment and
livelihood opportunities, housing, social security, physical infrastructure; and the justice
system.
These include, but are not limited to, women in the following sectors and groups:
(1) "Small Farmers and Rural Workers" refers to those who are engaged directly or
indirectly in small farms and forest areas, workers in commercial farms and
plantations, whether paid or unpaid, regular or season-bound. These shall include.
but are not limited to, (a) small farmers who own or are still amortizing for lands that is
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
and personally engaged in agriculture, small-scale mining, handicrafts, and other
related farm and off-farm activities;
(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,
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
producers of mangrove resources, and other related producers:
(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;
(4) "Workers in the Formal Economy" refers to those who are employed by any
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
instrumentalities, all government- owned and -controlled corporations and institutions,
as well as nonprofit private institutions or organizations;
(5) "Workers in the Informal Economy" refers to self-employed, occasionally or
personally hired, subcontracted, paid and unpaid family workers in household
incorporated and unincorporated enterprises, including home workers, micro-
entrepreneurs and producers, and operators of sari-sari stores and all other
categories who suffer from violation of workers' rights:
(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
residents, whether documented or undocumented;
(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
organized community on communally bounded and defined territory, and who have,
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
culture, became historically differentiated from the majority of Filipinos. They shall
likewise include peoples who are regarded as indigenous on account of their descent
from the populations which inhabited the country, at the dime of conquest or
colonization, or at the time of inroads of non-indigenous religions and cultures, or the
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
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
as "The Indigenous Peoples Rights Act of 1997" (IPRA of 1997);
(8) "Moro" refers to native peoples who have historically inhabited Mindanao,
Palawan, and Sulu, and who are largely of the Islamic faith;
(9) "Children" refers to those who are below eighteen (18) years of age or over but
are unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disability or
condition;
(10) "Senior Citizens" refers to those sixty (60) years of age and above;
(11) "Persons with Disabilities" refers to those who are suffering from restriction or
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
 (12) "Solo Parents" refers to those who fall under the category of a solo parent
defined under Republic Act No. 8972, otherwise known as the "Solo Parents Welfare
Act of 2000".
(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
outcomes.
(f) "Gender Equality" refers to the principle asserting the equality of men and women and their
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
and equal in dignity and rights.
(g) "Gender Equity" refers to the policies, instruments, programs, services, and actions that
address the disadvantaged position of women in society by providing preferential treatment
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
way entail as a consequence the maintenance of unequal or separate standards. These
measures shall be discontinued when the objectives of equality of opportunity and treatment
have been achieved.
(h) "Gender and Development (GAD)" refers to the development perspective and process that
are participatory and empowering, equitable, sustainable, free from violence, respectful of
human rights, supportive of self-determination and actualization of human potentials. It seeks
to achieve gender equality as a fundamental value that should be reflected in development
choices; seeks to transform society's social, economic, and political structures and questions
the validity of the gender roles they ascribed to women and men; contends that women are
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.
(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,
and evaluation of policies and programs in all political, economic, and societal spheres so that
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,
policies, or programs in all areas and at all levels.
(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
of women in specific areas. These measures shall not be considered discriminatory but shall in
no way entail as a consequence the maintenance of unequal or separate standards. They shall
be discontinued when their objectives have been achieved.
(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
in private life. It shall be understood to encompass, but not limited to, the following:
(1) Physical, sexual, psychological, and economic violence occurring in the family,
including battering, sexual abuse of female children in the household, dowry-related
violence, marital rape, and other traditional practices harmful to women, non-spousal
violence, and violence related to exploitation;
(2) Physical, sexual, and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment, and intimidation at
work, in educational institutions and elsewhere, trafficking in women, and prostitution;
and
(3) Physical, sexual, and psychological violence perpetrated or condoned by the
State, wherever it occurs.
It also includes acts of violence against women as defused in Republic Acts No. 9208 and
9262.
(l) "Women in the Military" refers to women employed in the military, both in the major and
technical services, who are performing combat and/or noncombat functions, providing security
to the State, and protecting the people from various forms of threat. It also includes women
trainees in all military training institutions.
(m) "Social Protection" refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all women, especially the
marginalized by promoting and protecting livelihood and employment, protecting against
hazards and sudden loss of income, and improving people's capacity to manage risk. Its
components are labor market programs, social insurance, social welfare, and social safety
nets.
CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
The State, private sector, society in general, and all individuals shall contribute to the recognition,
respect, and promotion of the rights of women defined and guaranteed under this Act.
Section 5. The State as the Primary Duty-Bearer. - The State, as the primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their rights by private
corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their rights to substantive
equality and non-discrimination.
The State shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines,
and other appropriate measures, including temporary special measures.
Recognizing the interrelation of the human rights of women, the State shall take measures and establish
mechanisms to promote the coherent and integrated implementation, and enforcement of this Act and
related laws, policies, or other measures to effectively stop discrimination against and advance the
rights of women.
The State shall keep abreast with and be guided by progressive developments in human rights of
women under international law and design of policies, laws, and other measures to promote the
objectives of this Act.
Section 6. Duties of the State Agencies and Instrumentalities. - These duties of the State shall
extend to all state agencies, offices, and instrumentalities at all levels and government-owned and -
controlled corporations, subject to the Constitution and pertinent laws, policies, or administrative
guidelines that define specific duties of state agencies and entities concerned.
Section 7. Suppletory Effect. - This chapter shall be deemed integrated into and be suppletory to
other provisions of this Act, particularly those that guarantee specific rights to women and define
specific roles and require specific conduct of state organs.
CHAPTER IV
RIGHTS AND EMPOWERMENT
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,
shall be rights of women under this Act to be enjoyed without discrimination.
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
defense and protection of women against gender-based offenses and help women attain justice and
healing.
Towards this end, measures to prosecute and reform offenders shall likewise be pursued.
(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
personnel thereof shall be women.
(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
conflict. The State shall observe international standards for the protection of civilian population in
circumstances of emergency and armed conflict. It shall not force women, especially indigenous
peoples, to abandon their lands, territories, and means of subsistence, or relocate them in special
centers for military purposes under any discriminatory condition.
(c) All government personnel involved in the protection and defense of women against gender-based
violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to this Act.
(d) All local government units shall establish a Violence Against Women's Desk in every barangay to
ensure that violence against women cases are fully addressed in a gender-responsive manner.
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
in all phases of relief, recovery, rehabilitation, and construction efforts. The State shall provide for
immediate humanitarian assistance, allocation of resources, and early resettlement, if necessary. It shall
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.
Responses to disaster situations shall include the provision of services, such as psychosocial support,
livelihood support, education, psychological health, and comprehensive health services, including
protection during pregnancy.
Section 11. Participation and Representation. - The State shall undertake temporary special
measures to accelerate the participation and equitable representation of women in all spheres of society
particularly in the decision-making and policy-making processes in government and private entities to
fully realize their role as agents and beneficiaries of development.
The State shall institute the following affirmative action mechanisms so that women can participate
meaningfully in the formulation, implementation, and evaluation of policies, plans, and programs for
national, regional, and local development:
(a) Empowerment within the Civil Service. - Within the next five (5) years, the number of
women in third (3rd) level positions in government shall be incrementally increased to achieve
a fifty-fifty (50-50) gender balance;
(b) Development Councils and Planning Bodies. - To ensure the participation of women in all
levels of development planning and program implementation, at least forty percent (40%) of
membership of all development councils from the regional, provincial, city, municipal and
barangay levels shall be composed of women;
(c) Other Policy and Decision-Making Bodies. - Women's groups shall also be represented in
international, national, and local special and decision-making bodies;
(d) International Bodies. - The State shall take all appropriate measures to ensure the
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;
(e) Integration of Women in Political Parties. - The State shall provide incentives to political
parties with women's agenda. It shall likewise encourage the integration of women in their
leadership hierarchy, internal policy-making structures, appointive, and electoral nominating
processes; and
(f) Private Sector. - The State shall take measures to encourage women leadership in the
private sector in the form of incentives.
Section 12. Equal Treatment Before the Law. - The State shall take steps to review and, when
necessary, amend and/or repeal existing laws that are discriminatory to women within three (3) years
from the effectivity of this Act.
Section 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and
Training. - (a) The State shall ensure that gender stereotypes and images in educational materials and
curricula are adequately and appropriately revised. Gender-sensitive language shall be used at all
times. Capacity-building on gender and development (GAD), peace and human rights, education for
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
groups shall be encouraged.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be
encouraged.
(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
having contracted pregnancy outside of marriage during her term in school.
Section 14. Women in Sports. - The State shall develop, establish, and strengthen programs for the
participation of women and girl-children in competitive and noncompetitive sports as a means to achieve
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
other similar factors.
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
policies, budgets, programs, and activities relating to the participation of women and girls in sports.
The State will also provide material and nonmaterial incentives to local government units, media
organizations, and the private sector for promoting, training, and preparing women and girls for
participation in competitive and noncompetitive sports, especially in local and international events,
including, but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian Games, and the
Olympics.
No sports event or tournament will offer or award a different sports prize, with respect to its amount or
value, to women and men winners in the same sports category: Provided, That the said tournament,
contest, race, match, event, or game is open to both sexes: Provided, further, That the sports event or
tournament is divided into male or female divisions.
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
health and medical insurance coverage, as well as integrated medical, nutritional, and healthcare
services.
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
the athletic scholarship program based on the percentage of women in the whole student population.
Section 15. Women in the Military. - The State shall pursue appropriate measures to eliminate
discrimination of women in the military, police, and other similar services, including revising or
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
engaging in combat, security-related, or field operations. Women in the military shall be accorded the
same promotional privileges and opportunities as men, including pay increases, additional
remunerations and benefits, and awards based on their competency and quality of performance.
Towards this end, the State shall ensure that the personal dignity of women shall always be respected.
Women in the military, police, and other similar services shall be provided with the same right to
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.
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.
Section 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. - The
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
consciousness of the general public in recognizing the dignity of women and the role and contribution of
women in the family; community, and the society through the strategic use of mass media.
For this purpose, the State shall ensure allocation of space; airtime, and resources, strengthen
programming, production, and image-making that appropriately present women's needs, issues, and
concerns in all forms of media, communication, information dissemination, and advertising.
The State, in cooperation with all schools of journalism, information, and communication, as well as the
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
gender-based discrimination, create and use gender equality guidelines in all aspects of management,
training, production, information, dissemination, communication, and programming; and convene a
gender equality committee that will promote gender mainstreaming as a framework and affirmative
action as a strategy, and monitor and evaluate the implementation of gender equality guidelines.
Section 17. Women's Right to Health. - (a) Comprehensive Health Services. - The State shall, at all
times, provide for a comprehensive, culture-sensitive, and gender-responsive health services and
programs covering all stages of a woman's life cycle and which addresses the major causes of women's
mortality and morbidity: Provided, That in the provision for comprehensive health services, due respect
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.
Access to the following services shall be ensured:
(1) Maternal care to include pre- and post-natal services to address pregnancy and infant
health and nutrition;
(2) Promotion of breastfeeding;
 (3) Responsible, ethical, legal, safe, and effective methods of family planning;
(4) Family and State collaboration in youth sexuality education and health services without
prejudice to the primary right and duty of parents to educate their children;
(5) Prevention and management of reproductive tract infections, including sexually transmitted
diseases, HIV, and AIDS;
(6) Prevention and management of reproductive tract cancers like breast and cervical cancers,
and other gynecological conditions and disorders;
(7) Prevention of abortion and management of pregnancy-related complications;
(8) In cases of violence against women and children, women and children victims and
survivors shall be provided with comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance towards healing, recovery, and
empowerment;
(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms
and medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health problems of women and girls.
In addition, healthy lifestyle activities are encouraged and promoted through programs and
projects as strategies in the prevention of diseases.
(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
following:
(1) The natural and primary right and duty of parents in the rearing of the youth and the
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;
(2) The formation of a person's sexuality that affirms human dignity; and
(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.
Section 18. Special Leave Benefits for Women. - A woman employee having rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled
to a special leave benefit of two (2) months with full pay based on her gross monthly compensation
following surgery caused by gynecological disorders.
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
marriage and family relations and shall ensure:
(a) the same rights to enter into and leave marriages or common law relationships referred to
under the Family Code without prejudice to personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free
and full consent. The betrothal and the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children and to have access to the
information, education and means to enable them to exercise these rights;
(d) the same personal rights between spouses or common law spouses including the right to
choose freely a profession and an occupation;
(e) the same rights for both spouses or common law spouses in respect of the ownership,
acquisition, management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance, whether
formal or customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality. The
State shall ensure in particular that neither marriage to an alien nor change of nationality by the
husband during marriage shall automatically change the nationality of the wife, render her
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.
Customary laws shall be respected: Provided, however, That they do not discriminate against women.
CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS
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
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.
Section 20. Food Security and Productive Resources. - The State recognizes the contribution of
women to food production and shall ensure its sustainability and sufficiency with the active participation
of women. Towards this end, the State shall guarantee, at all times, the availability in the market of safe
and health-giving food to satisfy the dietary needs of the population, giving particular attention to the
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
sufficient to satisfy the dietary needs of individuals, the physical and economic accessibility for
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,
including the right to full, accurate, and truthful information about safe and health-giving foods
and how to produce and have regular and easy access to them;
(b) Right to Resources for Food Production. - The State shall guarantee women a vital role in
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
to adequate food by proactively engaging in activities intended to strengthen access to,
utilization of, and receipt of accurate and substantial information on resources and means to
ensure women's livelihood, including food security:
(1) Equal status shall be given to women and men, whether married or not, in the
titling of the land and issuance of stewardship contracts and patents;
(2) Equal treatment shall be given to women and men beneficiaries of the agrarian
reform program, wherein the vested right of a woman agrarian reform beneficiary is
defined by a woman's relationship to tillage, i.e., her direct and indirect contribution to
the development of the land;
(3) Customary rights of women to the land, including access to and control of the
fruits and benefits, shall be recognized in circumstances where private ownership is
not possible, such as ancestral domain claims:
(4) Information and assistance in claiming rights to the land shall be made available to
women at all times;
(5) Equal rights to women to the enjoyment, use, and management of land, water,
and other natural resources within their communities or ancestral domains;
(6) Equal access to the use and management of fisheries and aquatic resources, and
all the rights and benefits accruing to stakeholders in the fishing industry;
(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
organizations shall be given equal treatment as with other marginalized fishers
organizations in the issuance of stewardship or lease agreements or other fishery
rights for the use and management of such coastal and aquatic resources which may
include providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in the deputization of fish
wardens;
(9) Women-friendly and sustainable agriculture technology shall be designed based
on accessibility and viability in consultation with women's organizations;
(10) Access to small farmer-based and controlled seeds production and distribution
shall be ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation shall be
recognized, encouraged, and protected;
(12) Equal rights shall be given to women to be members of farmers' organizations to
ensure wider access to and control of the means of production;
(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
also, to engage in entrepreneurial activities which will add value to production and
marketing ventures; and
(14) Provide economic opportunities for the indigenous women. particularly access to
market for their produce.
In the enforcement of the foregoing, the requirements of law shall be observed at all times.
Section 21. Right to Housing. - The State shall develop housing programs for women that are
localized, simple, accessible, with potable water, and electricity, secure, with viable employment
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
relocation.
Section 22. Right to Decent Work. - The State shall progressively realize and ensure decent work
standards for women that involve the creation of jobs of acceptable quality in conditions of freedom,
equity, security, and human dignity.
(a) Decent work involves opportunities for work that are productive and fairly remunerative as family
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.
(b) The State shall further ensure:
(1) Support services and gears to protect them from occupational and health hazards taking
into account women's maternal functions;
(2) Support services that will enable women to balance their family obligations and work
responsibilities including, but not limited to, the establishment of day care centers and breast-
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
(4) Respect for the observance of indigenous peoples' cultural practices even in the workplace.
(c) In recognition of the temporary nature of overseas work, the State shall exert all efforts to address
the causes of out-migration by developing local employment and other economic opportunities for
women and by introducing measures to curb violence and forced and involuntary displacement of local
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,
and employment opportunities in host countries.
Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State shall ensure that
women are provided with the following:
(a) Equal access to formal sources of credit and capital;
(b) Equal share to the produce of farms and aquatic resources; and
(c) Employment opportunities for returning women migrant workers taking into account their
skills and qualifications. Corollarily, the State shall also promote skills and entrepreneurship
development of returning women migrant workers.
Section 24. Right to Education and Training. - The State shall ensure the following:
(a) Women migrant workers have the opportunity to undergo skills training, if they so desire,
before taking on a foreign job, and possible retraining upon return to the country:
(b) Gender-sensitive training and seminars; and
(c) Equal opportunities in scholarships based on merit and fitness, especially to those
interested in research and development aimed towards women-friendly farm technology.
Section 25. Right to Representation and Participation. - The State shall ensure women's
participation in policy-making or decision-making bodies in the regional, national, and international
levels. It shall also ensure the participation of grassroots women leaders in decision and policy-making
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
forest management and stewardship; the National Fisheries and Aquatic Resources Management
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.
Section 26. Right to Information. - Access to information regarding policies on women, including
programs, projects, and funding outlays that affect them, shall be ensured.
Section 27. Social Protection. -
(a) The Social Security System (SSS) and the Philippine Health Insurance Corporation
(PhilHealth) shall support indigenous and community-based social protection schemes.
(b) The State shall institute policies and programs that seek to reduce the poverty and
vulnerability to risks and enhance the social status and rights of the marginalized women by
promoting and protecting livelihood and employment, protecting against hazards and sudden;
loss of income, and improving people's capacity to manage risks.
(c) The State shall endeavor to reduce and eventually eliminate transfer costs of remittances
from abroad through appropriate bilateral and multilateral agreements. It shall likewise provide
access to investment opportunities for remittances in line with national development efforts.
(d) The State shall establish a health insurance program for senior citizens and indigents.
(e) The State shall support women with disabilities on a community-based social protection
scheme.
Section 28. Recognition and Preservation of Cultural Identity and Integrity. - The State shall
recognize and respect the rights of Moro and indigenous women to practice, promote, protect, and
preserve their own culture, traditions, and institutions and to consider these rights in the formulation and
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,
That these cultural systems and practices are not discriminatory to women.
Section 29. Peace and Development. - The peace process shall be pursued with the following
considerations:
(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-
prevention and peace-making and in indigenous system of conflict resolution;
(b) Ensure the development and inclusion of women's welfare and concerns in the peace
agenda in the overall peace strategy and women's participation in the planning,
implementation, monitoring, and evaluation of rehabilitation and rebuilding of conflict-affected
areas;
(c) The institution of measures to ensure the protection of civilians in conflict-affected
communities with special consideration for the specific needs of women and girls:
(d) Include the peace perspective in the education curriculum and other educational
undertakings; and
(e) The recognition and support for women's role in conflict-prevention, management,
resolution and peacemaking, and in indigenous systems of conflict resolution.
Section 30. Women in Especially Difficult Circumstances. - For purposes of this Act, "Women in
Especially Difficult Circumstances" (WEDC) shall refer to victims and survivors of sexual and physical
abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and
survivors of rape and incest, and such other related circumstances which have incapacitated them
functionally. Local government units are therefore mandated to deliver the necessary services and
interventions to WEDC under their respective jurisdictions.
Section 31. Services and Interventions. - WEDC shall be provided with services and interventions as
necessary such as, but not limited to, the following:
(a) Temporary and protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services;
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
(j) Financial assistance: and
(k) Transportation assistance.
Section 32. Protection of Girl-Children. - (a) The State shall pursue measures to eliminate all forms of
discrimination against girl-children in education, health and nutrition, and skills development.
(b) Girl-children shall be protected from all forms of abuse and exploitation.
(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living culture and
traditions, and the regular schools shall be ensured.
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and
schools of living culture and traditions shall be developed.
(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.
Section 33. Protection of Senior Citizens. - The State shall protect women senior citizens from
neglect, abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this end, the
State shall ensure special protective mechanisms and support services against violence, sexual abuse,
exploitation, and discrimination of older women.
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 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
provided in Section 41 hereof. Violations of other rights of women shall be subject to sanctions under
pertinent laws and regulations.
CHAPTER VI
INSTITUTIONAL MECHANISMS
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
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.
All departments, including their attached agencies, offices, bureaus, state universities and colleges,
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
eliminate gender discrimination in their systems, structures, policies, programs, processes, and
procedures which shall include, but not limited to, the following:
(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
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
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
gender/women's rights advocates and agency/women clientele. The cost of implementing GAD
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
appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and
Nation Building Act, which allocates five percent (5%) to thirty percent (30%) of overseas
development assistance to GAD, government agencies receiving official development
assistance should ensure the allocation and proper utilization of such funds to gender-
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).
The utilization and outcome of the GAD budget shall be annually monitored and evaluated in
terms of its success in influencing the gender-responsive implementation of agency programs
funded by the remaining ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD budget
for the purpose of determining its judicious use and the efficiency, and effectiveness of
interventions in addressing gender issues towards the realization of the objectives of the
country's commitments, plans, and policies on women empowerment, gender equality, and
GAD.
Local government units are also encouraged to develop and pass a GAD Code based on the
gender issues and concerns in their respective localities based on consultation with their
women constituents and the women's empowerment and gender equality agenda of the
government. The GAD Code shall also serve as basis for identifying programs, activities, and
projects on GAD.
Where needed, temporary gender equity measures shall be provided for in the plans of all
departments, including their attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local government units, and other
government instrumentalities.
To move towards a more sustainable, gender-responsive, and performance-based planning
and budgeting, gender issues and concerns shall be integrated in, among others, the following
plans:
(1) Macro socioeconomic plans such as the Medium-Term Philippine Development
Plan and Medium-Term Philippine Investment Plan;
(2) Annual plans of all departments, including their attached agencies, offices,
bureaus, state universities and colleges, and government-owned and -controlled
corporations; and
(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.
(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
and -controlled corporations, local government units, and other government instrumentalities
shall establish or strengthen their GAD Focal Point System or similar GAD mechanism to
catalyze and accelerate gender mainstreaming within the agency or local government unit.
The GAD Focal Point System shall be composed of the agency head or local chief executive,
an executive committee with an Undersecretary (or its equivalent), local government unit
official, or office in a strategic decision-making position as Chair; and a technical working group
or secretariat which is composed of representatives from various divisions or offices within the
agency or local government unit.
The tasks and functions of the members of the GFP shall form part of their regular key result
areas and shall be given due consideration in their performance evaluation.
(c) Generation and Maintenance of GAD Database. All departments, including their attached
agencies, offices, bureaus, state universities and colleges, government-owned and - controlled
corporations, local government units, and other government instrumentalities shall develop and
maintain a GAD database containing gender statistics and sexdisaggregated data that have
been systematically gathered, regularly updated; and subjected to; gender analysis for
planning, programming, and policy formulation.
Section 37. Gender Focal Point Officer in Philippine Embassies and Consulates. - An officer duly
trained on GAD shall be designated as the gender focal point in the consular section of Philippine
embassies or consulates. Said officer shall be primarily responsible in handling gender concerns of
women migrant workers. Attached agencies shall cooperate in strengthening the Philippine foreign
posts' programs for the delivery of services to women migrant workers.
Section 38. National Commission on the Role of Filipino Women (NCRFW). - The National
Commission on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine Commission
on Women (PCW), the primary policymaking and coordinating body of the women and gender equality
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
instrumentality, as may be necessary, to report on the implementation of this Act and for them to
immediately respond to the problems brought to their attention in relation to this Act. The PCW shall
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.
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
of this Act.
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.
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:
(a) Monitor with the PCW and other state agencies, among others, in developing indicators and
guidelines to comply with their duties related to the human rights of women, including their right
to nondiscrimination guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women's Human Rights Center to be primarily
responsible for formulating and implementing programs and activities related to the promotion
and protection of the human rights of women, including the investigations and complaints of
discrimination and violations of their rights brought under this Act and related laws and
regulations;
 (c) Establish guidelines and mechanisms, among others, that will facilitate access of women to
legal remedies under this Act and related laws, and enhance the protection and promotion of
the rights of women, especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies, institutions, or establishments that
violate the provisions of this Act; and
(e) Recommend to the President of the Philippines or the Civil Service Commission any
possible administrative action based on noncompliance or failure to implement the provisions
of this Act.
Section 40. Monitoring Progress and Implementation and Impact of this Act. - The PCW, in
coordination with other state agencies and the CHR, shall submit to Congress regular reports on the
progress of the implementation of this Act highlighting the impact thereof on the status and human rights
of women: Provided, That the second report shall include an assessment of the effectiveness of this Act
and recommend amendments to improve its provisions: Provided, finally, That these reports shall be
submitted to Congress every three (3) years or as determined in the implementing rules and
regulations.
Section 41. Penalties. - Upon finding of the CHR that a department, agency, or instrumentality of
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,
civil service, or other appropriate laws shall be recommended to the Civil Service Commission and/or
the Department of the Interior and Local Government. The person directly responsible for the violation
as well as the head of the agency or local chief executive shall be held liable under this Act.
If the violation is committed by a private entity or individual, the person directly responsible for the
violation shall be liable to pay damages.
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
enacted laws protecting women and children, including the Women in Development and Nation Building
Act (Republic Act No. 7192), the Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (Republic Act No. 7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No.
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
violence has been proven to be perpetrated by agents of the State including, but not limited to,
extrajudicial killings, enforced disappearances, torture, and internal displacements, such shall be
considered aggravating offenses with corresponding penalties depending on the severity of the
offenses.
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
performance in upholding the rights of women and effective implementation of gender-responsive
programs.
Section 43. Funding. - The initial funding requirements for the implementation of this Act shall be
charged against the current appropriations of the agencies concerned. Thereafter, such sums as may
be necessary for the implementation of this Act shall be included in the agencies' yearly budgets under
the General Appropriations Act.
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
budgetary allocation, shall also be utilized for the programs and activities to implement 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
agencies including, as observers, both Houses of Congress through the Committee on Youth, Women
and Family Relations (Senate) and the Committee on Women and Gender Equality (House of
Representatives) and with the participation of representatives from nongovernment organizations
(NGOs) and civil society groups with proven track record of involvement and promotion of the rights and
welfare of Filipino women and girls identified by the PCW, formulate the implementing rules and
regulations (IRR) of this Act within one hundred eighty (180) days after its effectivity.
Section 45. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the
remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
Section 46. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the provisions of this
Act is hereby repealed, modified, or amended accordingly.
Section 47. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.
Approved,
(Sgd.) PROSPERO C. (Sgd.) JUAN PONCE ENRILE
NOGRALES President of the Senate
Speaker of the House of
Representatives
This Act which is a consolidation of Senate Bill No. 2396 and House Bill No. 4273 was finally passed by
the Senate and the House of Representatives on May 19, 2009 and May 20, 2009, respectively.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of Senate
House of Represenatives
Approved: August 14, 2009
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
Republic Act No. 9994
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER
AMENDING REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO
MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS
AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of 2010."
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:
"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
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. In the Declaration of Principles and State Policies in Article II, Sections 10 and
11, it is further declared that the State shall provide social justice in all phases of national development
and that the State values the dignity of every human person and guarantees full respect for human
rights.
"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
and other social services available to all the people at affordable cost. There shall be priority for the
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
State may design programs of social security for them.
"Consistent with these constitutional principles, this Act shall serve the following objectives:
"(a) To recognize the rights of senior citizens to take their proper place in society and
make it a concern of the family, community, and government;
"(b) To give full support to the improvement of the total well-being of the elderly and
their full participation in society, considering that senior citizens are integral part of
Philippine society;
"(c) To motivate and encourage the senior citizens to contribute to nation building;
"(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
senior citizens to foster their capacity to attain a more meaningful and productive
ageing; and
"(f) To recognize the important role of the private sector in the improvement of the
welfare of senior citizens and to actively seek their partnership.
"In accordance with these objectives, this Act shall:
"(1) establish mechanisms whereby the contributions of the senior citizens are
maximized;
"(2) adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole;
"(3) establish a program beneficial to the senior citizens, their families and the rest of
the community they serve: and
"(4) establish community-based health and rehabilitation programs for senior citizens
in every political unit of society."
Section 3. Section 2 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:
SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:
"(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least
sixty (60) years old;
"(b) Geriatrics refer to the branch of medical science devoted to the study of the
biological and physical changes and the diseases of old age;
"(c) 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 facilities to transients, tourists or travelers;
 "(d) Medical Services refer to hospital services, professional services of physicians
and other health care professionals and diagnostics and laboratory tests that the
necessary for the diagnosis or treatment of an illness or injury;
"(e) Dental services to oral examination, cleaning, permanent and temporary filling,
extractions and gum treatments, restoration, replacement or repositioning of teeth, or
alteration of the alveolar or periodontium process of the maxilla and the mandible that
are necessary for the diagnosis or treatment of an illness or injury;
"(f) Nearest surviving relative refers to 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 degree of kinship: children, parents,
siblings, grandparents, grandchildren, uncles and aunts;
"(g) Home health care service refers to health or supportive care provided to the
senior citizen patient at home by licensed health care professionals to include, but not
limited to, physicians, nurses, midwives, physical therapist and caregivers; and
"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability,
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
Department of Social Welfare and development (DSWD) in consultation with the
National Coordinating and Monitoring Board."
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:
"SEC. 4. Privileges for the Senior Citizens. -
The senior citizens shall be entitled to the following:
"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if
applicable, on the sale of the following goods and services from all establishments, for the exclusive use
and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of influenza and
pnuemococcal vaccines, and such other essential medical supplies, accessories and
equipment to be determined by the Department of Health (DOH).
"The DOH shall establish guidelines and mechanism of compulsory rebates in the
sharing of burden of discounts among retailers, manufacturers and distributors, taking
into consideration their respective margins;
"(2) on the professional fees of attending physician/s in all private hospitals, medical
facilities, outpatient clinics and home health care services;
"(3) on the professional fees of licensed professional health providing home health
care services as endorsed by private hospitals or employed through home health care
employment agencies;
"(4) on medical and dental services, diagnostic and laboratory fees in all private
hospitals, medical facilities, outpatient clinics, and home health care services, in
accordance with the rules and regulations to be issued by the DOH, in coordination
with the Philippine Health Insurance Corporation (PhilHealth);
"(5) in actual fare for land transportation travel in public utility buses (PUBs), public
utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public
railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine
National Railways (PNR);
"(6) in actual transportation fare for domestic air transport services and sea shipping
vessels and the like, based on the actual fare and advanced booking;
"(7) on the utilization of services in hotels and similar lodging establishments,
restaurants and recreation centers;
"(8) on admission fees charged by theaters, cinema houses and concert halls,
circuses, leisure and amusement; and
"(9) on funeral and burial services for the death of senior citizens;
"(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;
"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and
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
consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic
meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household regardless
of the number of senior citizens residing therein;
"(d) exemption from training fees for socioeconomic programs;
"(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
be issued by the DOH in coordination with the PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for
indigent senior citizen patients;
"(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
feasible: Provided, That senior citizens shall meet minimum admission requirements;
"(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-
IBIG, as the case may be, as are enjoyed by those in actual service;
"(i) retirement benefits of retirees from both the government and the private sector shall be regularly
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;
"(j) to the extent possible, the government may grant special discounts in special programs for senior
citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the
Department of Trade and Industry (DTI) and the Department of Agriculture (DA);
"(k) provision of express lanes for senior citizens in all commercial and government establishments; in
the absence thereof, priority shall be given to them; and
"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the
nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments
due to inflation in accordance with the guidelines to be issued by the DSWD.1avvphi1
"In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized
representative, may submit as proof of his/her entitled thereto any of the following:
"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of
the place where the senior citizen resides: Provided, That the identification card
issued by the particular OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned; and
"(3) other documents that establish that the senior citizen is a citizen of the Republic
and is at least sixty (60) years of age as further provided in the implementing rules
and regulations.
"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 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
discount shall be allowed as deduction from gross income for the same taxable year that the discount is
granted: Provided, 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
documentation and to the provisions of the National Internal Revenue Code (NICR), as amended."
Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 5. Government Assistance. - The government shall provide the following:
"(a) Employment
"Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided
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
and regulations.
"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
total amount paid as salaries and wages to senior citizens, subject to the provision of Section 34 of the
NIRC, as amended: Provided, however, That such employment shall continue for a period of at least six
(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
Economic and Development Authority (NEDA) for that year.
"The Department of Labor and Employment (DOLE), in coordination with other government agencies
such as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department
of Trade and Industry (DTI), shall assess, design and implement training programs that will provide
skills and welfare or livelihood support for senior citizens.
"(b) Education
"The Department of Education (DepED), the Technical Education and Skills Development Authority
(TESDA) and the Commission on Higher Education (CHED), in consultation with nongovernmental
organizations (NGOs) and people's organizations (POs) for senior citizens, shall institute programs that
will ensure access to formal and nonformal education.
"(c) Health
"The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens, shall
institute a national health program and shall provide an integrated health service for senior citizens. It
shall train community-based health workers among senior citizens and health personnel to specialize in
the geriatric care and health problems of senior citizens.
"The national health program for senior citizens shall, among others, be harmonized with the National
Prevention of Blindness Program of the DOH.
"Throughout the country, there shall be established a "senior citizens' ward" in every government
hospital. This geriatric ward shall be for the exclusive use of senior citizens who are in need of hospital
confinement by reason of their health conditions. However, when urgency of public necessity purposes
so require, such geriatric ward may be used for emergency purposes, after which, such "senior citizens'
ward" shall be reverted to its nature as geriatric ward.
"(d) Social Services
"At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and
telephone by the senior citizens center and residential care/group homes that are government-run or
non-stock, non-profit domestic corporation organized and operated primarily for the purpose of
promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens, subject to
the guidelines formulated by the DSWD.
"(1) "self and social enhancement services" which provide senior citizens
opportunities for socializing, organizing, creative expression, and self-improvement;
"(2) "after care and follow-up services" for citizens who are discharged from the
homes or institutions for the aged, especially those who have problems of
reintegration with family and community, wherein both the senior citizens and their
families are provided with counseling;
"(3) "neighborhood support services" wherein the community or family members
provide caregiving services to their frail, sick, or bedridden senior citizens; and
"(4) "substitute family care " in the form of residential care or group homes for the
abandoned, neglected, unattached or homeless senior citizens and those incapable
of self-care.
"(e) Housing
"The national government shall include in its national shelter program the special housing needs of
senior citizens, such as establishment of housing units for the elderly.
"(f) Access to Public Transport
"The Department of Transportation and Communications (DOTC) shall develop a program to assist
senior citizens to fully gain access to public transport facilities.
"(g) Incentive for Foster Care
"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:
"(1) realty tax holiday for the first five (5) years starting from the first year of operation;
and
"(2) priority in the construction or maintenance of provincial or municipal roads leading
to the aforesaid home, residential community or retirement village.
"(h) Additional Government Assistance
"(1) Social Pension
"Indigent senior citizens shall be entitled to a monthly stipend amounting to Five
hundred pesos (Php500.00) to augment the daily subsistence and other medical
needs of senior citizens, subject to a review every two (2) years by Congress, in
consultation with the DSWD.
"(2) Mandatory PhilHealth Coverage
"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
necessary funds to ensure the enrollment of their indigent senior citizens in
accordance with the pertinent laws and regulations.
"(3) Social Safety Nets
"Social safety assistance intended to cushion the effects of economics shocks, disasters and calamities
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
funds of LGUs where the senior citizens reside, subject to the guidelimes to be issued by the DSWD."
Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:
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
of three (3) years without reappointment but without prejudice to an extension if exigency so requires.
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.
"The head of the OSCA 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.
"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 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.
"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
NGOs Pos and the barangays in their respective areas.
"The OSCA shall have the following functions:
"(a) To plan, implement and monitor yearly work programs in pursuance of the
objectives of this Act;
 "(b) To draw up a list of available and required services which can be provided by the
senior citizens;
"(c) To maintain and regularly update on a quarterly basis the list of senior citizens
and to issue national individual identification cards, free of charge, which shall be
valid anywhere in the country;
"(d) To serve as a general information and liason center for senior citizens;
"(e) To monitor compliance of the provisions of this Act particularly the grant of special
discounts and privileges to senior citizens;
"(f) To report to the mayor, any individual, establishments, business entity, institutions
or agency found violating any provision of this Act; and
"(g) To assist the senior citizens in filing complaints or charges against any individual,
establishments, business entity, institution, or agency refusing to comply with the
privileges under this Act before the Department of Justice (DOJ), the Provincial
Prosecutor's Office, the regional or the municipal trial court, the municipal trial court in
cities, or the municipal circuit trial court."
Section 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
"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:
"(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);
"(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);
and
"(c) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months and a fine of not less than Fifty thousand
pesos (Php50,000.00) but not more than One hundred thousand pesos
(Php100,000.00).
"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 officer
charged with the management of the business affairs shall be liable therefor.
"If the offender is an alien or a foreigner, he/she shall be deported immediately after service of
sentence.
"Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may
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
provisions of this Act."
Section 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and Monitoring Board
shall be established which shall be composed of the following:
"(a) Chairperson - the Secretary of the DSWD or an authorized representative;
"(b) Vice Chairperson - the Secretary of the Department of the Interior and Local
Government (DILG) or an authorized representative; and
"(c) Members:
"(1) the Secretary of the DOJ or an authorized representative;
"(2) the Secretary of the DOH or an authorized representative;
"(3) the Secretary of the DTI or an authorized representative; and
(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.
"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."
Section 9. Implementing Rules and Regulations. - Within sixty (60) days from theeffectivity of this Act,
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
Urban Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH,
the DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5) NGOs or POs for the senior
citizens duly accredited by the DSWD. The guidelines pursuant to Section 4(a)(i) shall be established by
the DOH within sixty (60) days upon the effectivity of this Act.
Section 10. Appropriations. - The Necessary appropriations for the operation and maintenance of the
OSCA shall be appropriated and approved by the LGUs concerned. For national government agencies,
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
citizens in the first year of the DOH and thereafter, as a line item under the under the DOH budget in the
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
the DSWD budget in the subsequent GAA.
Section 11. Repealing Clause. - All law, executive orders, rules and regulations or any part hereof
inconsistent herewith are deemed repealed or modified accordingly.
Section 12. Separability Clause. - If any part or provision of this Act shall be declared unconstitutional
and invalid, such 18 declaration shall not invalidate other parts thereof which shall remain in full force
and effect.
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.
Approved
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9994, ALSO KNOWN AS
THE "EXPANDED SENIOR CITIZENS ACT OF 2010," AN ACT GRANTING ADDITIONAL BENEFITS
AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432 OF
1992 AS AMENDED BY REPUBLIC ACT NO. 9257 OF 2003
RULE I
TITLE, PURPOSE AND CONSTRUCTION
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."
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
implementation, in order to facilitate compliance with the Act and to achieve its objectives.

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives
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.) JUAN PONCE ENRILE
construed liberally and in favor of the senior citizens.
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
a concern of the family, community, and government;
b) To give full support to the improvement of the total well-being of the elderly and their full
participation as an integral part of Philippine society;
c) To motivate and encourage the senior citizens to contribute to nation building;
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;
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
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.
Section 3. In conformity with these objectives, these Rules shall:
a) Establish mechanisms whereby the contributions of the senior citizens are maximized;
b) Adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole;
c) Establish programs beneficial to the senior citizens, their families and the rest of the
community that they serve; and
d) Establish community-based health and rehabilitation programs in every political unit of
society.
RULE III
DEFINITION OF TERMS
Article 5. Definition of Terms. - For purposes of these Rules, the terms are defined as follows:
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
Philippines.
5.2 BENEFACTOR - refers to any person whether related or not to the senior citizen who provides care
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
Officer (C/MSWDO).
5.3 GERIATRICS - refers to the branch of medical science devoted to the study, management and
treatment of the biological and physical changes, and the diseases of old age.
5.4 GERONTOLOGY - is the scientific study of the biological, psychological, and sociological
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
many disciplines, including social work, anthropology, biology, history, sociology, psychology, and
demography.
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:
a) Senior Citizens' Identification Card issued by the Office of Senior Citizens Affairs (OSCA) in
the city or municipality where the elderly resides;
b) The Philippine passport of the elderly person or senior citizen concerned; and
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
following government-issued identification documents indicating an elderly's birthdate or age:
driver's license, voters ID, SSS/GSIS ID, PRC card, postal ID.
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
facilities to transients, tourists, or travelers, duly licensed with business permit and/or franchised by the
national government agencies or the local government units.
5.7 HOTEL/HOSTEL - refers to an establishment whose building, edifice or premises, including a
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
incidental thereto for a fee;
5.8 RESTAURANT - refers to any establishment duly licensed and with business permits issued by the
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:
a) QUICK SERVICE RESTAURANTS, or fast-food chains, refer to restaurants with multiple
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.
b) CASUAL and FINE DINING RESTAURANTS - are restaurants where customers are
seated first before their food orders are taken by waiters. They are served at their tables and
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
are intended for use in the diagnosis, cure, mitigation, treatment or prevention of human disease or
sickness. It does not include food, devices or their components, parts, or accessories.
5.10 MEDICAL SERVICES - refer to public and private hospital services, professional services of
physicians and other health care professionals, and diagnostic and laboratory tests that are requested
by a physician as necessary for the diagnosis and/or treatment of an illness or injury.
5.11 DENTAL SERVICES - refer to oral examination, cleaning, permanent and temporary filling,
extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the
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.
5.12 DIAGNOSTIC AND LABORATORY TESTS - refers to diagnostic examinations that are necessary
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,
hematology, urine analysis, parasitology and bacteriology test, and serology.
5.13 OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA) - refers to the office established in cities and
municipalities under the Office of the Mayor headed by a senior citizen.
5.14 NON_GOVERNMENTAL ORGANIZATION or NGO - refers to any private entity, which is non-
profit and voluntary in nature dedicated to the promotion, enhancement and support of the welfare of
senior citizens, duly registered with any regulatory body.
For purposes of the Act and its Rules, an ACCREDITED NGO refers to any private non-stock non-profit
organization, regional or national in scope, mainly providing services for senior citizens, duly registered
with the Securities and Exchange Commission (SEC), Cooperative Development Authority (CDA), or
any appropriate government regulatory body and registered or licensed with, and with programs
accredited by, the Department of Social Welfare and Development (DSWD).
5.15 PEOPLE'S ORGANIZATION or PO - refers to a type of social welfare and development
association with a bonafide membership, an identifiable leadership and an organizational structure that
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
sector, like the senior citizens, and seeks to represent the interest of its members.
5.16 SENIOR CITIZENS CENTER - refers to the place established by Republic Act No. 7876 or the
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
the DSWD. It can be any available structure, a spacious room in a private or public building, a room
attached to a community center, a barangay hall or chapel.
5.17 RETIREMENT VILLAGE - refers to an independent-living facility, often with continuing-care
amenities. It refers to a residential community offering separate or autonomous houses for residents. It
is a retirement habitat with a multi-residence housing facility that is planned, designed and geared
towards people who no longer work and are restricted to a certain age. It has particular conveniences
catering to the wishes and desires of retirees, which may include services such as clubhouses,
swimming pools, arts and crafts, boating, walking trails, golf courses, active adult retail and on-site
medical services.
5.18 GROUP HOMES - refer to a community-based alternative living arrangement to institutional care. It
can be a transit home for a definite period for neglected older persons while the necessary services of
locating relatives and care management is ongoing. It envisions responding to the needs of the senior
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
and a maximum of 10 clients discharged from a residential care facility to live together and manage their
group living activities with minimal supervision from the agency social worker.
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
person.
5.20 RESIDENTIAL CARE FACILITY - refers to facility which provides twenty-four (24) hour residential
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
organization and is accredited by the DSWD to serve a minimum of 10 clients.
5.21 AFTER CARE SERVICES - refer to the provision of interventions, approaches, and strategies with
the end goal of ensuring effective reintegration of older persons discharged from residential facilities.
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,
root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, and drugs classified as essential by
the DOH and other commodities as maybe classified by the Department of Trade and Industry (DTI)
and the Department of Agriculture (DA) according to Republic Act No. 7581 or the Price Act.
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
not classified as essential drugs by the DOH and other commodities that may be classified by the DTI
and the DA according to Republic Act No. 7581 or The Price Act.
5.24 NEAREST SURVIVING RELATIVE - refers to the closest person related to the deceased senior
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
degree of kinship: children, parents, siblings, grandchildren, uncles and aunts.
5.25 HOME HEALTH CARE SERVICE - refers to health or supportive care provided to the senior
citizen patient at home by TESDA-certified caregivers or licensed health care professionals to include,
but not limited to, physicians, nurses, midwives, and physical therapists.
5.26 INDIGENT SENIOR CITIZEN - refers to any elderly who is frail, sickly, or with disability, and
without pension or regular source of income, compensation or financial assistance from his/her relatives
to support his/her basic needs, as determined by the DSWD in consultation with the National
Coordinating and Monitoring Board (NCMB).
 RULE IV
PRIVILEGES FOR THE SENIOR CITIZENS
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the availment of benefits and
privileges under the Act and these Rules, the senior citizen, or his/her duly authorized representative,
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
which shall be honored nationwide.
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
APPLICABLE, on the sale of the goods and services covered by Section 1 to 6 of this Article, from all
establishments for the exclusive use and enjoyment or availment of senior citizens.
For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall
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
invoicing procedures, reportorial requirements, and a system for claiming tax deductions.
Section 1. MEDICAL_RELATED PRIVILEGES
(a) MEDICINE AND DRUG PURCHASES - The 20% discount and VAT exemption shall apply
to the purchase of generic or branded medicines and drugs by or for senior citizens, including
the purchase of influenza and pneumococcal vaccines. The 20% discount and VAT exemption
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
injury.
(b) ESSENTIAL MEDICAL SUPPLIES, ACCESSORIES AND EQUIPMENT - The 20%
discount and VAT exemption privilege shall also apply to the purchase of eyeglasses, hearing
aids, dentures, prosthetics, artificial bone replacements like steel, walkers, crutches,
wheelchairs whether manual or electric-powered, canes/quad canes, geriatric diapers, and
other essential medical supplies, accessories and equipment by or for senior citizens.
The purchase under Sections 1 (a) and (b) from drug stores, hospital pharmacies, medical and
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
from effectivity of these Rules, in coordination with the Food and Drug Administration (FDA)
and the Philippine Health Insurance Corporation (PHILHEALTH). Said guidelines shall also
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.
The guidelines issued by the DOH, in consultation with the DOF and the BIR, shall also
establish mechanisms of compulsory rebates in the sharing of burden of discounts among
retailers, manufacturers and distributors, taking into consideration their respective margins.
When necessary, the DOF and the BIR shall come up with the appropriate Revenue
Regulations for this purpose.
(c) MEDICAL AND DENTAL SERVICES IN THE PRIVATE FACILITIES - Medical and dental
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
diagnosis and/or treatment of an illness or injury are subjected to the 20% discount and VAT
exemption.
(d) PROFESSIONAL FEES OF ATTENDING PHYSICIAN/S in all private hospitals, medical
facilities, outpatient clinics and home health care facilities shall be subjected to the 20%
discount and VAT exemption.
(e) PROFESSIONAL FEES OF LICENSED HEALTH WORKERS PROVIDING HOME
HEALTH CARE SERVICES as endorsed by private hospitals or employed through home
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
worker's very minimal share compared to the agency fee.
Section 2. DOMESTIC TRANSPORTATION PRIVILEGES
The Department of Transportation and Communication (DOTC), in coordination with the Maritime
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)
and Land Transportation Franchising and Regulatory Board (LTFRB), shall within thirty (30) days from
effectivity of these Rules issue the necessary circulars or directives on the following transportation
privileges of senior citizens:
(a) AIR AND SEA TRANSPORTATION PRIVILEGES - Fare for domestic air, and sea travel,
including \f0 advanced booking, shall be subject to the 20% discount and VAT exemption, if
applicable.
(b) PUBLIC LAND TRANSPORTATION PRIVILEGES - Fare in the public railways including
LRT, MRT, and PNR, fares in buses (PUB), jeepneys (PUJ), taxi and shuttle services (AUV),
are likewise subject to the 20% discount and VAT exemption, if applicable.
Section 3. HOTELS, RESTAURANTS, RECREATIONAL CENTERS, AND PLACES OF LEISURES,
AND FUNERAL SERVICES
The Department of Interior and Local Government (DILG) and Department of Tourism (DOT) shall,
within thirty (30) days from effectivity of these Rules, issue the necessary circulars or directives to
establishments for its implementation to ensure compliance herewith.
(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,
aromatherapy rooms, workout gyms, swimming pools, Jacuzzis, ktv bars, internet facilities,
food, drinks and other services offered. The term "hotel" shall include beach and mountain
resorts,
 (b) RESTAURANTS - The discount shall be for the purchase of food, drinks, dessert, and
other consumable items served by the establishments offered for the consumption of the
general public.
(c) For Dine-in services under paragraphs (a) and (b) of Section 3, and Section 4, paragraph 2
of Article 7, the privilege must be personally availed of by the senior citizen as defined under
these Rules, and no proxies or authorization in favor of another person who is not a senior
citizen will be honored.
(d) Consistent with the intent of the Act, the phrase "exclusive use and enjoyment" of the
senior citizen shall mean "for the senior citizen's personal consumption" only. As such, the
20% senior citizen discount shall not apply to "children's meals" which are primarily prepared
and intentionally marketed for children. Similarly, the 20% senior citizen discount shall not
apply to "pre-contracted" party packages or bulk orders.
(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
independent transaction from his/her non-eligible companions to ensure that it is for his/her
exclusive consumption and to enable computation of the 205 discount and the exemption from
the Value Added Tax (VAT), which only the senior citizen is entitled to.
However, if the group of diners is composed entirely of senior citizens, all of whom present
valid senior citizens IDs, each shall be entitled to a 20% discount and exemption from Value
Added Tax.
(f) The 20% discount shall apply to Take-Out/Take-Home/Drive-Thru orders as long as it is the
senior citizen himself/herself who is present and personally ordering, and he/she can show a
valid senior citizen ID card.
(g) For Delivery Orders, the 20% discount shall likewise apply subject to certain conditions; i.e.
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
citizen entitled to the 20% discount.
(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
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
for an individual senior citizen.
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
venues for ballroom dancing, yoga, badminton courts, bowling lanes, table or lawn tennis, workout
gyms, martial arts facilities.
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
food establishments inside these country clubs be independent concessionaires and food sold are not
consumable items under club membership dues, they must grant the 20% senior citizen discount.
Section 5. ADMISSION FEES PRIVILEGE - The discount shall be applied to admission fees charged
by theaters, cinema houses and concert halls, circuses, carnivals, and other similar places of culture,
leisure and amusement such as museums and parks.
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
the deceased senior citizen upon presentation of the death certificate. Such expenses shall cover the
purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in
the place of origin, but shall exclude obituary publication and the cost of the memorial lot.
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.
Article 9. NO DOUBLE DISCOUNTS - In the purchase of goods and services which are on promotional
discount, the senior citizen can avail of the establishment's offered discount or the 20% discount
provided herein, whichever is higher and more favorable.
In cases where the senior citizen is also a person with disability (PWD) entitled to a 20% discount under
his/her valid PWD identification card (ID), the senior citizen shall use either his/her OSCA-issued ID
card or PWD ID card to avail of the 20% discount.
Article 10. TAX DEDUCTION - The establishment may claim the discounts provided herein as tax
deductions based on the cost of the goods sold or services rendered: Provided. That the cost of the
discount shall be allowed as deduction from the gross income for the same taxable year that the
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
documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended.
For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall
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.
Article 11. OTHER PRIVILEGES
Section 1. INCOME TAX EXEMPTION - The senior citizen shall be entitled to exemption from the
payment of the individual income tax, provided he/she is considered to be minimum wage earner in
accordance with Republic Act No. 9504.
Section 2. EXEMPTION FROM TRAINING FEES - The senior citizen shall be exempted from training
fees for socio-economic programs conducted by private and government agencies subject to the
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).
Section 3. FREE MEDICAL AND DENTAL SERVICES IN GOVERNMENT FACILITIES - Medical and
dental services, diagnostic and laboratory tests requested by the physician such as but not limited to X-
rays, computerized tomography scans, and blood tests availed of by senior citizens, including
professional fees of attending doctors in all government hospitals, medical facilities, outpatient clinics,
and home health care services, shall be provided free of charge to senior citizens. These shall be in
accordance with the rules and regulation to be issued by the DOH, in coordination with the
PHILHEALTH.
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
these Rules, administer free vaccinations against the influenza virus and pneumococcal disease for
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.
The DOH shall enjoin all government and private hospitals, as well as other health facilities to post,
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
guidelines.
Section 5. EDUCATIONAL PRIVILEGES - Educational assistance shall be granted to senior citizens to
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
qualified senior citizens, including support for books, learning materials, and uniform allowance, to the
extent feasible: Provided, that senior citizens shall meet minimum admission requirements.
Section 6. BENEFITS AND PRIVILEGES FOR RETIREES - To the extent practicable and feasible, the
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
case may be, as are enjoyed by those in active service.
Retirement benefits of retirees from both the government and the private sector shall be regularly
reviewed every year 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 based on National Economic and Development Authority (NEDA) poverty threshold per region
as determined by the National Statistical Coordination Board (NSCB).
Section 7. PRIVILEGES ON GRANTING SPECIAL DISCOUNTS IN SPECIAL PROGRAMS - To the
extent possible, the government may grant special discounts in special programs for senior citizens on
purchase of basic necessities and prime commodities, subject to the guidelines to be issued for the
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.
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,
priority shall be given to them.
Article 12. UTILITY DISCOUNTS
Section 1. Five (5%) Discount - The grant of a minimum of five percent (5%) discount relative to the
monthly utilization of water and electricity by households with senior citizens; 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 consumption does not exceed one hundred kilowatt hours
(100 kWh) of electricity and thirty cubic meters (30m') of water: Provided, furthermore, that the privilege
is granted per household regardless of the number of senior citizens residing therein.
To avail of the discount under this Section, the senior citizen shall:
1. Apply for the discount personally or thru a representative. There shall be annual renewal of
application to the utility provider.
2. Submit requirements.
a. Proof of age and citizenship
b. Proof of billing. Meter registration should be in the name of the senior citizen for a
period of one year
c. Proof of residence
Section 2. Fifty (50%) Discount - The grant of a 50% discount an all electricity, water, telephone
consumption for DSWD-accredited senior citizens centers and residential care institutions or group
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
or homeless senior citizens.
Such senior citizens centers and residential care or group homes must have been in operation for at
least six (6) months and must have a separate meter for said utilities/services.
Section 3. DSWD shall issue the necessary guidelines within (30) days from effectivity of these Rules
for the accredited senior citizens centers and residential/group homes willing to avail of the utility
discount.
The Energy Regulatory Commission (ERC), the Metropolitan Waterworks and Sewerage System
(MWSS), the Local Water Utility Administration (LWUA) and other concerned utility-regulatory agencies
shall, within six (6) months after the effectivity of these Rules, formulate supplemental guidelines to
cover recovery rate mechanics and/or sharing of burden, among other concern of the distribution
utilities.
RULE V
GOVERNMENT ASSISTANCE
Article 13. EMPLOYMENT
Section 1. Senior citizens, who have the capacity and desire to work, or to be re-employed, shall be
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.
Terms of employment shall conform to the provisions of the Labor Code, as amended, Civil Service
Laws and other laws, rules and regulations.
Section 2. Private entities that shall employ senior citizens as employees upon effectivity of the Act,
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
of the National Internal Revenue Code (NIRC), as amended and the Revenue Regulations to be issued
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.
Section 3. The DOLE, in coordination with other government agencies, such as, but not limited to, the
DOST-Technology Resource Center (DOST-TRC) and the DTI, shall assess, design and implement
training programs that will provide free of charge to senior citizens the appropriate skills development,
livelihood training programs, and welfare or livelihood support.
Article 14. EDUCATION
The Department of Education (DepEd), the DOST-TRC, the Technical Education and Skills
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
program that will ensure access of senior citizens to formal and non-formal education. They are to:
a) Formulate and implement relevant and effective course designs and educational programs;
b) Conduct the necessary training for the implementation of the appropriate curriculum for the
purpose;
c) Ensure the availability of the needed-educational facilities in the form of modular programs
and other distance and alternative learning materials;
d) In coordination with OSCA and the City or Municipal Social Welfare and Development
Officer, shall conduct assessment and profiling of senior citizens who wanted to study; and
e) Conduct continuing research and development program for the necessary and relevant
education of the senior citizens.
Article 15. HEALTH
Section 1. The DOH, in coordination with local government units (LGUs), NGOs and POs for senior
citizens, shall institute a national health program that shall incorporate the National Prevention of
Blindness Program, and shall also provide an integrated health service for senior citizens.
It shall train community-based health workers including barangay health workers, among senior citizens
and health personnel to specialize in geriatric care, gerontology, and health problems of senior citizens.
Section 2. The National Health Program aims to promote healthy and productive older population
through the following:
a) Establishment and provision of a comprehensive and integrated health service package
catering to the specific needs of the citizens;
b) Human resource development/capacity building of health personnel in relation to the care
and health problems of senior citizens;
c) Health promotion;
d) Conduct of researches and study in geriatric care, gerontology, and health needs of senior
citizens;
e) In coordination with the municipal health worker, designate one (1) barangay health worker
to attend to senior citizens' health needs;
f) The barangay, in coordination with local office health office shall designate one day of every
month specifically for medical attention of senior citizens;
g) Establishment of senior citizens' ward in every government hospital and in all levels of
hospitals throughout the country; and
h) Provision of accessible express lanes, or prioritization, in all health facilities.
Section 3. Provide technical assistance in coordination with DSWD, NGOs and other concerned
agencies to local government units in the establishment of community based health rehabilitation
programs.
Article 16. SOCIAL SERVICES
The DSWD, in cooperation with the OSCA and the local government units, non-governmental
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
and social services are provided. The components of these programs are:
a) Self and social enhancement services which provide senior citizens opportunities for
socializing, organizing, creative expression, and improvement of self;
b) After care services for senior citizens who are discharged from the homes/institutions for the
aged, especially those who have problems of reintegration with family and community, wherein
both the senior citizens and their families are provided with counseling;
c) Neighborhood support services/home care wherein the community or family members
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
abandoned, neglected, unattached or homeless senior citizens and those incapable of self-
care.
e) Inclusion of community-based settings as practicum for academic institutions and in the
curriculum of caregiving and technical vocational schools.
Article 17. HOUSING
The national government shall include in its national shelter program the special housing needs of
senior citizens, such as establishment of housing units for the elderly.
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
review its existing circulars particularly the limitation of the age requirements of sixty-five (65) years old
at the date of the loan application and seventy (70) years old at loan maturity. It shall also consider the
concept of pension in lieu compensation.
Section 2. The housing program for the poor senior citizens which include the establishment/donation
of group/foster homes for the neglected, abused and unattached or homeless senior citizens and those
incapable of self-care including its management, maintenance and operations shall be established in
accordance with EO 105, approving and directing the implementation of the program, "Provision of
Group/Foster Home for Neglected, Abandoned, Abused, Unattached and Poor Older Persons and
Persons with Disabilities" promulgated on May 16, 2002.
Article 18. ACCESS TO PUBLIC TRANSPORT
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
minimum requirements and standards to make transportation facilities and utilities for public use
accessible to senior citizens shall be developed to enhance the mobility of senior citizens. There shall
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.
Article 19. INCENTIVE FOR FOSTER CARE
The DILG through the local government units, in consultation with the DOF and the BIR which shall
provide the necessary guidelines, shall provide incentives to persons or NGO institutions implementing
foster care programs for senior citizens, as follows:
(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
(b) priority in the construction, or maintenance of provincial or municipal roads leading to the
aforesaid home, residential community or retirement village.
Article 20. ADDITIONAL GOVERNMENT ASSISTANCE
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
500.00) to augment the daily subsistence and other medical needs of senior citizens. The grant of social
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.
The DSWD, in consultation with the Department of Budget and Management (DBM), the DILG, the
NCMB, NGOs, and people's organizations shall formulate guidelines within thirty (30) days from
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 2. MANDATORY PHILHEALTH COVERAGE - All indigent senior citizens shall be covered by
the national health insurance program of PHILHEALTH. The local government units where the indigent
senior citizens reside shall allocate the necessary funds to ensure the enrollment and lifetime coverage
of their indigent senior citizens, in accordance with the pertinent laws and regulations.
Section 3. SOCIAL SAFETY NETS - Social safety assistance intended to cushion the effects of
economic shocks; disasters and calamities 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 funds of local government units where the senior
citizens reside, subject to the guidelines to be issued by the DSWD in coordination with DILG.
Section 4. DEATH BENEFIT ASSISTANCE - Death benefit assistance of a minimum of Two thousand
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.
In keeping with the intention of the law and similar government assistance being granted, this benefit
shall apply in relation to deceased indigent senior citizens only. However, it will not preclude LGUs
already granting burial assistance to continue giving such benefit to non-indigent senior citizens.
RULE VI
THE OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA)
Article 21. Office of Senior Citizens Affairs - There shall be established in all cities and municipalities
an Office for Senior Citizens Affairs (OSCA).
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) A Filipino citizen and resident of the municipality or city for at least one (1) year;
b) A registered voter of the concerned city or municipality;
c) Able to read and write;
 d) Must be physically and mentally capable of performing the tasks of OSCA Head;
e) A bonafide member of a duly registered senior citizens organization which has a track
record of at least three consecutive years;
f) Good moral character; and
g) At least a high school graduate
Section 2. Selection and Term of OSCA Head. - The OSCA Head shall be chosen from a list of three
(3) nominees as recommended by a general assembly of DSWD- accredited or LGU-registered senior
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.
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
of death or permanent disability, the remaining term shall be served by the new reappointed if he/she
has not served one-half of the full term.
Section 3. Remuneration for Services Rendered. - The head of the OSCA shall be entitled to received
an honorarium of an amount equivalent to at least Salary Grade 10 to be approved by the local
government unit concerned.
For 3rd to 6th class local government units, their respective sanggunians may provide for a reasonable
and practicable remuneration for the OSCA Head.
Section 4. Functions of OSCA. - The office for Senior Citizens Affairs shall have the following
Functions:
a) In consultation with the City or Municipal Social Work and Development Officer and duly
registered senior citizen organizations, to plan, develop, implement, consolidate, and monitor
yearly work programs in pursuance of the objectives of the Act and its Rules;
b) To draw up a list of available and required services which can be provided by the registered
federations and associations of senior citizens;
c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue
national uniform individual identification cards and purchase booklets, free of charge, which
shall be valid anywhere in the country;
d) To serve as a general information and liaison center the needs of the senior citizens;
e) To monitor compliance of the provisions of the Act and its Rules particularly the grant of
special discounts and privileges to senior citizens;
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;
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
presidents of concerned duly registered senior citizens organizations to deliberate and act on
the complaints;
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
Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or
the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court;
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
j) To establish linkages and work together wit the accredited NGOs, people's organizations,
and the barangays in their respective areas.
Section 5. Operations and Maintenance of OSCA. - The necessary appropriation for the operation and
maintenance of the OSCA shall be provided by the local government units concerned. An office space
established at the Office of the Mayor shall likewise be provided.
Section 6. Assistance and Supervision of OSCA. - The OSCA Head shall be assisted by the City of the
Municipal Social Welfare and Development Officer (C/MSWDO). The Office of the Mayor shall exercise
supervision over the OSCA relative to their plans, activities and programs for senior citizens.
RULE VII
PENALTIES AND OTHER SANCTIONS
Article 22. Violations in Discounted Medicine Purchases - The following acts concerning drug and
medicine purchases are considered violative of the provisions of the Act and its Rules:
Section 1. A senior Citizen or his /her representative or a person misusing the privileges by:
a) using several purchase booklets,
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.
Section 2. A medical practitioner giving prescription to other persons in the name of the senior citizen or
giving anomalous prescription.
Section 3. Retailers and establishments dispensing medicines:
a) refusing to grant the full 20% senior citizens discount and VAT exemption on drug and
medicine purchases paid via credit card,
b) making a distinction between branded and generic drugs and medicines in giving the 20%
discount,
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
senior citizens cannot avail of the 20% discount on other days, and e) restricting the purchase
time or period for senior citizen discounts after a certain hour.
Article 23. Violations in Discounted Food Purchases - The following acts concerning food purchases
are considered violative of the provisions of the Act and its Rules:
a) Pegging a maximum amount of food purchase subject to 20% discount and the VAT
exemption, and/ or posting of notice to that effect;
b) Refusal to grant the 20% discount and VAT exemption on take -out/ take home/ drive-thru
orders it appearing that the purchase is for the exclusive use and enjoyment of senior citizens;
c) Refusal to grant a 20% discount and VAT exemption on delivery orders it appearing that the
purchases is for the exclusive use and enjoyment of senior citizens.
Article 24. PENALTIES - Any person who refuses to honor the senior citizen card or violates any
provision of the Act and its Rules shall suffer the following penalties:
Section 1. For the first violation, a fine of not less than Fifty thousand pesos (Php 50,000.00) but not
exceeding One hundred thousand pesos (Php 100,000.00) and imprisonment for not less than two (2)
years but not more than six (6) years; and
Section 2. For any subsequent violation, a fine of not less than One hundred thousand pesos (Php
100,000.00) but not exceeding Two hundred thousand pesos (Php 200,000.00) and imprisonment for
not less than two (2) years but not more than six (6) 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
100,000.00) and imprisonment of not less than six (6) months.
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 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
officer charged with the management of the business affairs shall be liable therefor.
Section 6. Upon filing of an appropriate complaint, and after due notice and hearing, the proper
authorities may 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 provisions of the Act and these Rules.
RULE VIII
MONITORING AND COORDINATING MECHANISM
Article 25. Monitoring and Coordinating Mechanism. - An inter-agency coordinating and monitoring
mechanism at the national level shall be established which shall be called the National Coordinating and
Monitoring Board (NCMB) on the Expanded Senior Citizens Act of 2010.
Section 1. NCMB Composition. - The National Coordinating and Monitoring Board shall be composed
of the following:
a) Chairperson - Secretary of the Department of Social Welfare and Development (DSWD), or
authorized representatives;
b) Vice-Chairperson - Secretary of the Department of the Interior and Local Government
(DILG), or authorized representatives;
c) Members: Secretaries or authorized representatives of the following:
1) Department of Justice (DOJ);
2) Department of Health (DOH);
3) Department of Trade and Industry (DTI); and
4) Representatives from five (5) accredited NGOs for senior citizens
The National Inter-Agency Coordinating and Monitoring Board may call on other government agencies,
NGOs and people's organizations to serve as resource persons as the need arises. Resource persons
have no voting rights at the Board.
Section 2. NGO/PO Representation. - The representatives from accredited NGOs and people's
organizations shall be senior citizens, or from other sectors that have services primarily for senior
citizens. These NGO representatives which shall be selected and appointed by the Board shall serve for
a period of three (3) years.
Section 3. Level of Representation. - The authorized representative to the National Coordinating and
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. Functions. - The National Coordinating and Monitoring Board (NCMB) shall have the
following functions:
a) Formulate a National Plan of Action for Senior Citizens in coordination with concerned
government agencies and other stakeholders;
b) Develop an effective monitoring and reporting system towards an efficient, consistent and
uniform implementation of the law;
c) Develop and institute effective and innovative approaches and methods with which to
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
Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
REPUBLIC ACT NO. 9442 April 30, 2007
AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR
DISABLED PERSONS, AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
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
32 and 33, to read as follows:
"CHAPTER 8. Other Privileges and Incentives
"SEC. 32. Persons with disability shall be entitled to the following:
(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
enjoyment of persons with disability;
(b) A minimum of twenty percent (20%) discount on admission fees charged by the theaters, cinema
houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for
the exclusive use or enjoyment of persons with disability;
(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive
use or enjoyment of persons with disability;
(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and
laboratory fees such as, but not limited to x-rays, computerized tomography scans and blood tests, in all
government facilities, subject to guidelines to be issued by the Department of Health (DOH), in
coordination with the Philippine Health Insurance Corporation (PHILHEALTH);
(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and
laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in
accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH;
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or
enjoyment of persons with disability;
(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use
and enjoyment of persons with disability;
(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post
tertiary, as well as vocational or technical education, In both public and private schools, through the
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;
(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;
(j) To the extent possible, the government may grant special discounts in special programs for persons
with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the
Department of Trade and Industry (DTI) and the Department of Agriculture (DA); and
(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.
The abovementioned privileges are available only to persons with disability who are Filipino citizens upon
submission of any of the following as proof of his/her entitlement thereto:
(I) An identification card issued by the city or municipal mayor the barangay captain of the place
where the person with disability resides;
(II) The passport of the persons with disability concerned; or
(III) Transportation discount fare Identification Card (ID) issued by the National Council for the
Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the persons with disability claims a higher discount as may be granted
by the commercial establishment and/or under other existing laws or in combination with other discount
program/s.
The establishments may claim the discounts granted in sub-sections (a), (b), (c), (e), (f) and (g) as tax
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
discount is granted: provided, further, That the total amount of the claimed tax deduction net of value-
added tax if applicable, shall be Included in their gross sales receipts for tax purposes and shall be subject
to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as
amended."
"SEC. 33. Incentives. - Those caring for and living with a person with disability shall be granted the
following incentives;
(a) persons with disability shall be treated as dependents under Section 35(A) of the National Internal
Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the
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
villages solely to suit the needs and requirements of persons with disability shall be accorded the following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the
aforesaid home residential community or retirement village."
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:
"Title Four
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less
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.
(c) If the violator is a corporation organization or any similar entity, the officials thereof directly involved
shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence
without further deportation proceedings.
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
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
Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT
OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
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;
(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners
are respected at all times; and that no person placed under investigation or held in custody of
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;
(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
(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
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
the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); and all other relevant international human rights
instruments to which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(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
information or a confession; punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or coercing him/her or a third
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
or agent of a person in authority. It does not include pain or Buffering arising only from,
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
latter.
(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
result of any act(s) of torture, or other cruel, inhuman and degrading treatment or punishment.
(d) "Order of Battle" refers to any document or determination made by the military, police or
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
targets as combatants that it could deal with, through the use of means allowed by domestic
and international law.
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or
agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or
rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta
and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing
of pepper or other chemical substances on mucous membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
 (7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia,
ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or
will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental
competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of
a person in authority which are calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
(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;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or
any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
(12) Other analogous acts of mental/psychological torture.
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
enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in
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
physical and mental effects and, in some cases, the sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment,
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
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
degrading treatment or punishment.
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.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and
other law enforcement. agencies concerned shall make an updated list of all detention centers and
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
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
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
their respective areas, and shall make the same available to the public at all times at their respective
regional headquarters, and submit a copy. updated in the same manner provided above, to the
respective regional offices of the CHR.
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
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
shall have the following rights in the institution of a criminal complaint for torture:
(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
(PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A prompt
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
same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment; threat and/or
intimidation as a consequence of the filing of said complaint or the presentation of evidence
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
such as, but not limited to, his/her lawyer, witnesses and relatives; 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.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data
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 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in
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.
The victim or interested party may also seek legal assistance from the Barangay Human Rights Action
Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation,
every person arrested, detained or under custodial investigation shall have the right to he informed of
his/her right to demand physical examination by an independent and competent doctor of his/her own
choice. If such person cannot afford the services of his/her own doctor, he/she shall he provided by the
State with a competent and independent doctor to conduct physical examination. The State shall
endeavor to provide the victim with psychological evaluation if available under the circumstances. If the
person arrested is a female, she shall be attended to preferably by a female doctor. Furthermore, any
person arrested, detained or under custodial investigation, including his/her immediate family, shall
have the right to immediate access to proper and adequate medical treatment. The physical
examination and/or psychological evaluation of the victim shall be contained in a medical report, duly
signed by the attending physician, which shall include in detail his/her medical history and findings, and
which shall he attached to the custodial investigation report. Such report shall be considered a public
document.
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and
mental examinations, the medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical,
psychological and mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or
trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were
sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily
waive such rights in writing, executed in the presence and assistance of his/her counsel.
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
punishment by previous or simultaneous acts shall be liable as principal
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
as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of
torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or
negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the
circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading
treatment or punishment shall be committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take
preventive or corrective action either before, during or immediately after its commission, when he/she
has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading
treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately
or due to negligence shall also be liable as principals.
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
participated therein, either as principal or accomplice, takes part subsequent to its commission in any of
the following manner:
(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;
(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
discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the act
of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the
accessory acts are done with the abuse of the official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of
the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim
shall have become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
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.
(c) The penalty of prision correccional shall be imposed on those who commit any act of torture
resulting in psychological, mental and emotional harm other than those described 1n
paragraph (b) of this section. '
(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
any such member; Or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in
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.
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum
period shall be imposed if, in consequence of torture, the victim shall have been ill or
incapacitated for labor for mare than thirty (30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if,
in consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30)
days or less.
(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.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and
maintain secret detention places and/or effect or cause to effect solitary confinement,
incommunicado or other similar forms of prohibited detention as provided in Section 7 of this
Act where torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of
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
facilities with the corresponding data on the prisoners or detainees incarcerated or detained
therein, pursuant to Section 7 of this Act.
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
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
for by domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the
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
proceedings and sanctions.
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
subjected to torture. For the purposes of determining whether such grounds exist, the Secretary of the
Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson
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.
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the
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
available to him/her under existing law and rules and regulations.
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
formulate a comprehensive rehabilitation program for victims of torture and their families. The DSWD,
the DOJ and thc DOH shall also call on human rights nongovernment organizations duly recognized by
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,