REPUBLIC

ACT NO. 4729 - AN ACT TO REGULATE forcing him to do menial, silly, foolish and other the fraternity, sorority or organization who actually
THE SALE, DISPENSATION, AND/OR DISTRIBUTION similar tasks or activities or otherwise subjecting participated in the infliction of physical harm shall
OF CONTRACEPTIVE DRUGS AND DEVICES him to physical or psychological suffering or injury. be liable as principals. The person or persons who
Section 1. It shall be unlawful for any person, participated in the hazing shall suffer:
partnership, or corporation, to sell, dispense or The term "organization" shall include any club or
otherwise distribute whether for or without the Armed Forces of the Philippines, Philippine 1. The penalty of reclusion perpetua (life
consideration, any contraceptive drug or device, National Police, Philippine Military Academy, or imprisonment) if death, rape, sodomy or
unless such sale, dispensation or distribution is by a officer and cadet corp of the Citizen's Military mutilation results there from.
duly licensed drug store or pharmaceutical company Training and Citizen's Army Training. The physical,
and with the prescription of a qualified medical mental and psychological testing and training 2. The penalty of reclusion temporal in its
practitioner. procedure and practices to determine and enhance maximum period (17 years, 4 months and 1
the physical, mental and psychological fitness of day to 20 years) if in consequence of the
Sec. 2. For the purpose of this Act: prospective regular members of the Armed Forces hazing the victim shall become insane,
of the Philippines and the Philippine National Police imbecile, impotent or blind.
(a) "Contraceptive drug" is any medicine, drug, as approved ny the Secretary of National Defense
chemical, or portion which is used exclusively for and the National Police Commission duly 3. The penalty of reclusion temporal in its
the purpose of preventing fertilization of the female recommended by the Chief of Staff, Armed Forces medium period (14 years, 8 months and one
ovum: and of the Philippines and the Director General of the day to 17 years and 4 months) if in
Philippine National Police shall not be considered as consequence of the hazing the victim shall
(b) "Contraceptive device" is any instrument, hazing for the purposes of this Act. have lost the use of speech or the power to
device, material, or agent introduced into the hear or to smell, or shall have lost an eye, a
female reproductive system for the primary purpose Section 2. No hazing or initiation rites in any form or hand, a foot, an arm or a leg or shall have
of preventing conception. manner by a fraternity, sorority or organization shall lost the use of any such member shall have
be allowed without prior written notice to the become incapacitated for the activity or
Sec. 3. Any person, partnership, or corporation, school authorities or head of organization seven (7) work in which he was habitually engaged.
violating the provisions of this Act shall be punished days before the conduct of such initiation. The
with a fine of not more than five hundred pesos or written notice shall indicate the period of the 4. The penalty of reclusion temporal in its
an imprisonment of not less than six months or initiation activities which shall not exceed three (3) minimum period (12 years and one day to
more than one year or both in the discretion of the days, shall include the names of those to be 14 years and 8 months) if in consequence of
Court. subjected to such activities, and shall further the hazing the victim shall become
contain an undertaking that no physical violence be deformed or shall have lost any other part
employed by anybody during such initiation rites. of his body, or shall have lost the use
REPUBLIC ACT No. 8049
thereof, or shall have been ill or
Section 3. The head of the school or organization or incapacitated for the performance on the
AN ACT REGULATING HAZING AND OTHER FORMS
their representatives must assign at least two (2) activity or work in which he was habitually
OF INITIATION RITES IN FRATERNITIES,
representatives of the school or organization, as the engaged for a period of more than ninety
SORORITIES, AND OTHER ORGANIZATIONS AND
case may be, to be present during the initiation. It is (90) days.
PROVIDING PENALTIES THEREFOR
the duty of such representative to see to it that no
physical harm of any kind shall be inflicted upon a 5. The penalty of prison mayor in its
Section 1. Hazing, as used in this Act, is an initiation
recruit, neophyte or applicant. maximum period (10 years and one day to
rite or practice as a prerequisite for admission into
12 years) if in consequence of the hazing
membership in a fraternity, sorority or organization
Section 4. If the person subjected to hazing or other the victim shall have been ill or
by placing the recruit, neophyte or applicant in
forms of initiation rites suffers any physical injury or incapacitated for the performance on the
some embarrassing or humiliating situations such as
dies as a result thereof, the officers and members of activity or work in which he was habitually
 engaged for a period of more than thirty (b) when the recruit, neophyte or applicant to take action to prevent the same from occurring
(30) days. initially consents to join but upon learning shall be liable as principal.
that hazing will be committed on his person,
6. The penalty of prison mayor in its is prevented from quitting; The presence of any person during the hazing is
medium period (8 years and one day to 10 prima facie evidence of participation therein as
years) if in consequence of the hazing the (c) when the recruit, neophyte or applicant principal unless he prevented the commission of the
victim shall have been ill or incapacitated having undergone hazing is prevented from acts punishable herein.
for the performance on the activity or work reporting the unlawful act to his parents or
in which he was habitually engaged for a guardians, to the proper school authorities, Any person charged under this provision shall not
period of ten (10) days or more, or that the or to the police authorities, through force, be entitled to the mitigating circumstance that
injury sustained shall require medical violence, threat or intimidation; there was no intention to commit so grave a wrong.
assistance for the same period.
(d) when the hazing is committed outside of This section shall apply to the president, manager,
7. The penalty of prison mayor in its the school or institution; or director or other responsible officer of a
minimum period (6 years and one day to 8 corporation engaged in hazing as a requirement for
years) if in consequence of the hazing the (e) when the victim is below twelve (12) employment in the manner provided herein.
victim shall have been ill or incapacitated years of age at the time of the hazing.
for the performance on the activity or work Section 5. If any provision or part of this Act is
in which he was habitually engaged from The owner of the place where hazing is conducted declared invalid or unconstitutional, the other parts
one (1) to nine (9) days, or that the injury shall be liable as an accomplice, when he has actual or provisions thereof shall remain valid and
sustained shall require medical assistance knowledge of the hazing conducted therein but effective.
for the same period. failed to take any action to prevent the same from
occurring. If the hazing is held in the home of one of Section 6. All laws, orders, rules or regulations
8. The penalty of prison correccional in its the officers or members of the fraternity, group, or which are inconsistent with or contrary to the
maximum period (4 years, 2 months and organization, the parents shall be held liable as provisions of this Act are hereby amended or
one day to 6 years) if in consequence of the principals when they have actual knowledge of the repealed accordingly.
hazing the victim sustained physical injuries hazing conducted therein but failed to take any
which do not prevent him from engaging in action to prevent the same from occurring. Section 7. This Act shall take effect fifteen (15)
his habitual activity or work nor require calendar days after its publication in at least two (2)
medical attendance. The school authorities including faculty members national newspapers of general circulation.
who consent to the hazing or who have actual
The responsible officials of the school or of the knowledge thereof, but failed to take any action to
police, military or citizen's army training prevent the same from occurring shall be punished
organization, may impose the appropriate as accomplices for the acts of hazing committed by
administrative sanctions on the person or the the perpetrators.
persons charged under this provision even before
their conviction. The maximum penalty herein The officers, former officers, or alumni of the
provided shall be imposed in any of the following organization, group, fraternity or sorority who
instances: actually planned the hazing although not present
when the acts constituting the hazing were
(a) when the recruitment is accompanied by committed shall be liable as principals. A fraternity
force, violence, threat, intimidation or or sorority's adviser who is present when the acts
deceit on the person of the recruit who constituting the hazing were committed and failed
refuses to join;
REPUBLIC ACT No. 11053 degrade, abuse, or endanger, by requiring a recruit, Director General of the PNP, shall not be considered
neophyte, applicant, or member to do menial, silly, as hazing purposes of this Act: Provided,
"An Act Prohibiting Hazing and Regulating Other or foolish tasks. further, That the exemption provided herein shall
Forms of Initiation Rites of Fraternities, Sororities, likewise apply to similar procedures and practices
and Other Organizations, and Providing Penalties "(b) Initiation or Initiation Rites refer to ceremonies, approved by the respective heads of other
for Violations Thereof, Amending for the Purpose practices, rituals, or other acts, weather formal or uniformed learning institutions as to their
Republic Act No. 8049, Entitled "An Act Regulating informal, that a person must perform or take part in prospective members, nor shall this provision apply
Hazing and Other Forms of Initiation Rites in order to be accepted into fraternity, sorority, to any customary athletic events or other similar
Fraternities Sororities, and Organizations and organization as a full-fledged member. It includes contests or competitions or any activity or conduct
Providing Penalties Therefor." ceremonies practices , rituals, and other acts in all that furthers a legal and legitimate objective,
stages of membership in a fraternity, sorority, or subject to prior submission of a medical clearance
Be it enacted by the Senate and House of organization. or certificate.
Representatives of the Philippines in Congress
assembled: "(c) Organization refers to an organized body of "In no case shall hazing be made a requirement for
people which includes, but it is not limited to, any employment in any business or corporation."
Section 1. A new section to be denomintaed as club, association, group, fraternity, and sorority.
Section 1 is hereby inserted in Republic Act No. This term shall include the Armed Forces of the Section 4. Section 2 of the same Act is hereby
8049, to read as follows: Philippines (AFP), the Philippine National Police amended to read as follows:
(PNP), the Philippine Miltary Academy (PMA), the
"SECTION 1. Short Title. - This Act shall be known as Philippine National Police Academy (PNPA), and "Sec. 4. Regulation of Schoo-Based Initiation
sthe "Anti-Hazing Act of 2018". other similar uniformed service learning institutions. Rites. Only initiation rites or practices that do not
constitute hazing shall be allowed: Provided, That:
Section 2. Section 1 of the same Act is hereby "(d) Schools refer to colleges, universities, and other
amended to read as follows: educational institutions." "(a) A written application to conduct initiation rites
shall be made to the proper authorities of the
"Section 2. Definition of Terms. - As used in this Act: Section 3. A new section to be denominated as school not later than seven (7) days prior to
Section 3 is hereby inserted in the same Act to scheduled initiation date;
"(a) Hazing refers to any act that results in physical readas follows:
or psychological suffering, harm, or injury inflicted "(b) The written application shall indicate the place
on a recruit, neophyte, applicant, or member as part Sec. 3. Prohibition on Hazing. - All forms of hazing and date of the initiation rites and the names of the
of an initiation rite or practice made as a shall be prohibited in fraternities, sororities, and recruits, neophytes, or applicants to be initiated and
prerequisite for admission or a requirement for organizations in schools, including citizens' military the manner by which they will conduct the initiation
continuing membership in a fraternity, sorority, or training and citizens' army training. This prohibition rites;
organization including, but not limited to paddling, shall likewise apply to all other fraternities,
whipping, beating, branding, forced calisthenics, sororities, and organizations that are not school- "(d) The initiation rites shall not last more than
exposure to the weather, forced consumption of based, such as community-based and other similar three (3) days;
any food, liquor, beverage, drug or other substance, fraternities, sororities and
or any other brutal treatment or forced physical organizations: Provide, That the physical, mental, "(e) The application shall contain the names of the
activity which is likely to adversely affect the and practices to determine and enhance the incumbent officers of the fraternity, sorority, or
physical and psychological health of such recruit, physical, mental, and psychological fitness of organization and any person or persons who will
neophyte, applicant, or member. This shall also prospective regular members of the AFP and the take charge in the conduct of the initiation rites;
include any activity, intentionally made or PNP as approved by the Secretary of National
otherwise, by one person alone or acting with Defense and National Police Commission, duly
others, that tends to humiliate or embarrass, recommended by the Chief of Staff of the AFP and
"(f) The application shall be under oath with a even if no hazing was conducted, shall also be conducts activities whether on or off-campus,
declaration that it has been posted in the official punished accordingly. including recruitment of members.
school bulletin board, the bulletin board of the
office of the fraternity, sorority, or organization, and "In case the written application for the conduct of "A newly established fraternity, sorority, or
two(2) other conspicuous places in the school or in initiation rites contains false or inaccurate organization in a school shall immediately register
the premises of the organization; and information, appropriate disciplinary sanctions in with proper school authorities during the semester
accordance with the school's guidelines and or trimester in which it was established or
"(g) The application shall be posted from the time of regulations on the matter ranging from reprimand organized: Provided, That the new fraternity,
submission of the written notice to the school to expulsion shall be imposed, after due notice and sorority, or organization has complied with the
authorities or head of organization and shall only be summary hearing, against the person who prepared requirements prescribed by the school in
removed from its posting three (3) days after the the application or supplied the false and inaccurate establishing a fraternity, sorority, or organization
conduct of the initiation rites. information and to the head and other officers of has complied with the requirements prescribed by
the fraternity, sorority, or organization concerned." the school in establishing a fraternity, sorority, or
"The school, fraternity, sorority, or organization organization: Provided, further, That schools shall
shall provide for their respective bulletin boards for Section 5. Section 3 of the same Act is hereby promulgate their guidelines in the registration of
purposes of this section.1âwphi1 amended to read as follows: fraternities , sororities, and organizations within
their jurisdiction not later than sixty (60) days from
"Guidelines for the approval or denial of the Sec. 5. Monitoring of Initiation Rites.- The head of the approval of this Act.
application to conduct initiation rites by a registered the school or an authorized representative must
fraternity, sorority, organization shall be assign at least two (2) representatives of the school "Upon registration, all fraternities, sororities, or
promulgated by the appropriate school official not to be present during the initiation. It is the duty of organizations shall submit a comprehensive list of
later than sixty (60) days after the approval of this the school representatives to see to it that no members, which shall be updated not later than
Act. The appropriate school authorities shall have hazing is conducted during the initiation rites and to thirty (30) days from the start of every semester or
the obligation to disapproved the application to document the entire proceedings. Thereafter, said trimester, depending on the academic calendar of
conduct initiation rites that do not conform with representatives who were present during the the school.
any of the requirements of this section, and in initiation shall make a report of the initiation rites to
unequivocal terms in a formal advice to the the appropriate officials of the school regarding the "School official shall have the authority to impose,
fraternity sorority, or organization concerned, conduct of the said initiation: Provided, That if after due notice and summary hearings, disciplinary
taking into consideration the safety and security of hazing is still committed despite their presence, no penalties in accordance with the school's guidelines
participants in the activity. liability shall attach to them unless it is proven that and regulations on the matter including suspension
they failed to perform an overt act to prevent or to the head and other officers of the fraternity,
"School officials shall have the authority to impose stop the commission thereof." sorority, or organization who fail to register or
after due notice and summary hearing, disciplinary update their roster of members as required under
sanctions, in accordance with the school's Section 6. A new section to be denominated as this section.
guidelines and regulations on the matter, which Section 6 is hereby inserted in the same Act to read
shall include, but shall not be limited to, reprimand, as follows: "Failure to comply with any of the requirements in
suspension, exclusion, or expulsion, to the head and this section shall result in the cacellation of the
all other officers of the fraternity, sorority and Sec. 6. Registration of Fraternities, Sororities and registration of the fraternity, sorority, or
organization which conducts an initiation without Other Organizations. - All existing fraternities organization."
first securing the necessary approval of the school sororities, and other organizations otherwise not
as required under this section. All members of the created or organized by the school but has existing Section 7. A new section to be denominated as
fraternity, sorority, or organization, who members who are students or plans to recruit Section 7 is hereby inserted in he same Act to read
participated in the unauthorized initiation rites, students to be its member shall be required to as follows:
register with the proper school authorities before it
Sec. 7. Faculty Adviser. - Schools shall require all conducted by schools at the start of every semester "(b) The written initiation shall indicate the place
fraternities, sororities, or organizations, as a or trimester. and date of the initiation rites and the names of the
condition to the grant of accreditation or recruits, neophytes, or applicants to be initiated;
registration, to submit the name or names of their "Schools shall encourage fraternities, sororities, and
respective faculty adviser or advisers who must not organizations to engage in undertakings that foster "(c) Such written application shall further contain an
be members of the respective fraternity, sorority, or holistic personal growth and development and undertaking that no harm or any kind shall be
organization. The submission shall also include a activities that contribute to solving relevant and committed by anybody during the initiation rites;
written acceptance or consent on the part of the pressing issues of society."
selected faculty adviser or advisers. "(d) A medical certificate of the recruit, neophyte,
Section 9. A new section to be denominated as or applicant must be attached to the application to
"The faculty advisers shall be responsible for Section 9 is hereby inserted in the same Act to read ensure fitness to undergo initiation when it involves
monitoring the activities of the fraternity, sorority, as follows: physical activity not failing under the definition of
or organization is established or registered. hazingas used in this Act;
Sec. 9. Registration of Community-Based and Other
"In case of violation of any of the provisions of this Similar Fraternities, Sororities, or Organizations. - All "(e) The initiation rites shall not last more than
Act, it is presumed that the faculty adviser has new and existing community-based fraternities, three (3) days;
knowledge and consented to the commission of any sororities, or organizations, including their
of the unlawful acts stated therein." respective local chapters, shall register with the "(f) The application shall contain the names of the
barangay, municipality, or city wherein they are incumbent officers of the community-based
Section 8. A new section to be denominated as primarily based. fraternity, sorority, or organization and any person
Section 8 is hereby inserted in the same Act to be or persons who will take charge in the conduct of
read as follows: "Upon registration, all community-based initiation rites;
fraternities, sororities, or organizations including
Sec. 8. Role of Educational Institutions. - The their respective local chapters, shall submit a "(g) The application shall be under oath with a
responsibility of schools to exercises reasonable comprehensive list of members and officers which declaration that it has been posted on the official
supervision in loco parentis over the conduct of its shall be updated yearly from the date of bulletin board of the barangay hall or the municipal
students requires the diligence that prudent parents registration." or city hall where the community-based fraternity,
would employ in the same circumstances when sorority or organization is based, and the bulletin
discriminating and protecting their children. To this Section 10. A new section to be denominated as board of the office of the community-based
end, it shall be the duty of schools to take more Section 10 is hereby inserted in the same Act to fraternity, sorority or organization; and
proactive steps to protect its students from the read as follows:
dangers of participating in activities that involve "(h) The application shall be posted from the time of
hazing. "Sec. 10. Regulation of Initiation Rites for submission of the written notice to the punong
Community-Based Fraternities, Sororities, or barangay or municipal or city mayor and shall only
"Schools shall implement an information Organizations. - Only initiation rites or practices that be removed from its posting three (3) days after the
dissemination campaign at the start of every do not constitute hazing shall be conduct of the initiation rites."
semester or trimester to provide adequate allowed: Provided, That:
information to students and parents or guardians Section 11. A new section to be denominated as
regarding the consequences of conducting and "(a) A written application to conduct the same shall Section 11 is here inserted in the same Act to read
participating in hazing. be made to the punong barangay in the barangay or as follows:
municipal or city mayor in the municipality or city
"An orientation program relating to membership in where the community-based fraternity, sorority, or Sec. 11. Monitoring of Initiation Rites of Community-
a fraternity, sorority, or organization shall also be organization is based, not later than seven (7) days Based and All Similar Fraternities, Sororities or
prior to the schedules initiation date;
Organizations. - The punong barangay of the notice and summary hearing, on the person or the fraternity, sorority, or organization
barangay or the municipal or city mayor of the persons charged under this Act even before their who are also present during the
municipality or city where community-based conviction." hazing: Provided, That should the
fraternity, sorority or organization is based must former officer, nonresident
assign at least two (2) barangay or municipal or city Section 14. Section 4 of the same Act is hereby member, or alumnus be a member
officials to be present during the initiation and amended to read as follows: of the Philippine Bar, such member
document the entire proceedings. Thereafter, said shall immediately be subjected to
representatives who are present during the "Sec. 14. Penalties. - The following penalties shall be disciplinary proceedings by the
initiation shall make a report of the initiation rites to imposed: Supreme Court pursuant to its
the punong barangay, or the municipal or the city power to discipline members of the
mayor regarding the conduct of the "(a) The penalty of reclusion perpetua and a Philippine Bar: Provided,
initiation: Provided, That if hazing is still committed fine of Three million pesos (P3,000,000.00) further, That should the former
despite their presence, no liability shall attached to shall be imposed upon those who actually officer, nonresident member, or
them unless it is proven that they failed to perform planned or participated in the hazing if, as a alumnus belong to any other
an overt act prevent or stop the commission consequence of the hazing, death, rape, profession subject to regulation by
thereof." sodomy, or mutilation results therefrom; the Professional Regulation
Commission (PRC), such
Section 12. A new section to be denominated as "(b) The penalty of reclusion perpetua and a professional shall immediately be
Section 12 is hereby inserted in the same Act to fine of Two million pesos (P2,000,000.00) subjected to disciplinary
read as follows: shall be imposed upon: proceedings by the concerned
Professional Regulatory Board, the
Sec. 12. Nullity of Waiver and Consent. - Any form of "(1) All persons who actually imposable penalty for which shall
approval, consent, or agreement, whether written planned or participated in the include, but is not limited to,
or otherwise, or of an express waiver of the right to conduct of the hazing; suspension for a period of not less
object to the initiation rite or proceeding which than three (3) or revocation of the
consists of hazing, as defined in this Act, made by a "(2) All officers of the fraternity, professional license. A suspended or
recruit, neophyte, or applicant prior to an initiation sorority, or organization who are revoked professional license
rite that involves inflicting physical or psychological actually present during the hazing; pursuant to this section may be
suffering, harm, or injury, shall be void and without reinstated upon submission of
any binding effect on the parties.1âwphi1 "(3) The adviser of a fraternity, affidavits from at least three (3)
sorority, or organization who is disinterested persons, good moral
"The defense that the recruit, neophyte, or present when the acts constituting certifications from different
applicant consented to being subjected to hazing the hazing were committed and unaffiliated and credible
shall not be available to persons prosecuted under failed to take action to prevent the government, religious, and socio-
this Act." same from occurring or failed to civic organizations and such other
promptly report the same to the relevant evidence to show that the
Section 13. A new section to be denominated as law enforcement authorities if such concerned professional has become
Section 13 is hereby inserted in the same Act to adviser or adviser or advisers can do morally fit for readmission into the
read as follows: so without peril to their person or profession: Provided, That said
their family; readmission into the profession
"Sec. 13 Administrative Sanctions. - The responsible shall be subject to the approval of
officials of the school, the uniformed learning "(4) All former officers, nonresident the respective Professional
institutions, the AFP or the PNP may impose the members, or alumni of the Regulatory Board;
appropriate administrative sanctions, after due
 "(5) Officers ir members of a include, but is not limited to, suspension for school officials to investigate motu
fraternity, sorority, or organization a period of not less than three (3) years or propio and take an active role to ascertain
who knowingly cooperated in revocation of the professional license factual events and identity witnesses in
carrying out the hazing by inducing pursuant to this section may be reinstated order to determine the disciplinary
the victim to be present thereat; upon submission of affidavits from at least sanctions it may impose, as well as provide
and three (3) disinterested persons, good moral assistance to police authorities."
certifications from different unaffiliated and
"(6) members of the fraternity, credible government, religious, and socio- "The owner or lessee of the place where hazing is
sorority, or organization who are civic organizations, and such other relevant conducted shall be liable as principal and penalized
present during the hazing when evidence to show that the concerned under paragraphs (a) or (b) of this section, when
they are intoxicated or under the professional has become morally fit for such owner or lessee has actual knowledge of the
influence of alcohol or illegal drugs; readmission into the hazing conducted therein but failed to take any
profession: Provided, That said readmission action to prevent the same from occurring or failed
"(c) The penalty of reclusion temporal in its into the profession shall be subject to the to promptly report the same to the law
maximum period and a fine of One million approval of the respective Professional enforcement authorities if they can do so without
pesos (P1,000,000.00) shall be imposed Regulatory Board." peril to their person or their family. If the hazing is
upon all persons who are present in the held in the home of one of the officers or members
conduct of the hazing; "(e) The penalty of prision correcional in its of the fraternity, sorority, or organization, the
minimum period shall be imposed upon any parents shall be held liable as principals and
"(d) The penalty of reclusion temporal and person who shall intimidate, threaten, penalized under paragraphs (a) or (b) hereof when
fine of One million pesos (P1,000,000.00) force, or employ, or administer any form of they have actual knowledge of the hazing
shall be imposed upon former officers, vexation against another person for the conducted therein but failed to take any action to
nonresident member, alumni of the purpose of recruitment in joining or prevent the same from occurring or failed to
fraternity, sorority, or organization who, promoting a particular fraternity, sorority, promptly report the same to the law enforcement
after the commission of any of the or organization. The perssistent and authorities if such parents can do so without peril to
prohibited acts proscribed herein, will repeated proposal or invitation made to a their person or their family.
perform any act to hide, conceal, or person who had twice refused to participate
otherwise hamper or obstruct any or join the proposed fraternity, sorority, or "The school authorities including faculty members
investigation that will be conducted organization, shall be prima facie evidence as well as barangay, municipal, or city officials shall
thereafter: Provided, That should the of vexation for purposes of this section; and be liable as an accomplice and likewise be held
former officer, nonresident member, or administratively accountable for hazing conducted
alumnus be a member of the Philippine Bar, "(f) A fine of One million pesos by the fraternities, sororities, other organizations, if
such member shall immediately be (P1,000,000.00) shall be imposed on the it can be shown that the school or barangay,
subjected to disciplinary proceedings by the school if the fraternity, sorority, or municipal, or city officials allowed or consented to
Supreme Court pursuant to its power to organization filed a written application to the conduct of hazing, but such officials failed to
discipline members of the Philippine conduct an initiation which was take anby action to prevent the same from
Bar: Provided, further, That should the subsequently approved by the school and occurring or failed to promptly report to the law
former officer, nonresident members, or hazing occurred during the initiation rites or enforcement authorities if the same can be done
alumnus belong to any other profession when no representatives from the school without peril to their person or their family.
subject to regulation by the PRC, such were present during the initiation as
professional shall immediately be subjected provided under Section 5 of this "The presence of any person, even if such person is
to disciplinary proceedings by the Act: Provided, That if hazing has been not a member of the fraternity, sorority, or
concerned Professional Regulatory Board, committed in circumvention of the organization, during the hazing is prima
the imposable penalty for which shall provisions of this Act, it is incumbent upon facie evidence of participation therein as a principal
unless such person or persons prevented the Section 17. Repealing Clause. - Republic Act No. "b) When the offended party is deprived of
commission of the acts punishable herein or 8049 and all other laws, decrees, executive orders, reason or otherwise unconscious;
promptly reported the same to the law proclamations, rules or regulations, or parts thereof
enforcement authorities if they can do so without which are inconsistent with or contrary to the "c) By means of fraudulent machination or
peril, to their person or their family. provisions of this Act are hereby amended or grave abuse of authority; and
modified accordingly.
"The incumbent officers of the fraternity, sorority, "d) When the offended party is under twelve
or organization concerned shall be jointly liable with Section 18. Effectivity Clause. - This Act shall take (12) years of age or is demented, even though none
those members who actually participated in the effect fifteen (15) days after its publication in of the circumstances mentioned above be present.
hazing. the Official Gazette or in at least two (2) national
newspaper of general circulation. "2) By any person who, under any of the
"Any person charged under this Act shall not be circumstances mentioned in paragraph 1 hereof,
entitled to the mitigating circumstances that there Republic Act 8353 shall commit an act of sexual assault by inserting
was no intention to commit so grave a wrong. his penis into another person's mouth or anal
"AN ACT EXPANDING THE DEFINITION OF THE orifice, or any instrument or object, into the genital
"This section shall apply to the president, manager, CRIME OF RAPE, RECLASSIFYING THE SAME AS A or anal orifice of another person.
director, or other responsible officer of businesses CRIME AGAINST PERSONS, AMENDING FOR THE
or corporations engaged hazing as a requirement PURPOSE ACT NO. 3815, AS AMENDED, "Article 266-B. Penalty. - Rape under paragraph 1 of
for employment in the manner provided herein. OTHERWISE KNOWN AS THE REVISED PENAL CODE, the next preceding article shall be punished by
AND FOR THE PURPOSES" reclusion perpetua.
"Any conviction by final judgement shall be
reflected on the scholastic record, personal, or Section 1. Short Title. - This Act shall be known "Whenever the rape is committed with the use of a
employment record of the person convicted, as "The Anti-Rape Law of 1997." deadly weapon or by two or more persons, the
regardless of when the judgment conviction has penalty shall be reclusion perpetua to death.
become final." Sec. 2. Rape as a Crime Against Persons. - The
crime of rape shall hereafter be classified as a Crime "When by reason or on the occasion of the rape, the
Section 15. A new section to be denominated as Against Persons under Title Eight of Act No. 3815, as victim has become insane, the penalty shall become
Section 15 is hereby inserted in the same Act to amended, otherwise known as the Revised Penal reclusion perpetua to death.
read as follows: Code. Accordingly, there shall be incorporated into
Title Eight of the same Code a new chapter to be "When the rape is attempted and a homicide is
Section 15. Implementing Rules and Regulations. known as Chapter Three on Rape, to read as committed by reason or on the occasion thereof,
(IRR). - The Commission on Higher Education follows: the penalty shall be reclusion perpetua to death.
(CHED), together with the Department of Education
(DepED), Department of Justice (DOJ), Department "When by reason or on the occasion ofthe rape,
of the Interior and Local Government (DILG), "Chapter Three"
homicide is committed, the penalty shall be death.
Department of Social Welfare and Development "Rape"

(DSWD), AFP, PNP, and National Youth Commission "Article 266-A. Rape: When And How Committed. -
"The death penalty shall also be imposed if the
(NYC), shall promulgate the IRR within ninety (90) Rape is committed:
crime of rape is committed with any of the following
days from the effectivity of this Act."
aggravating/qualifying circumstances:
"1) By a man who shall have carnal knowledge of

a woman under any of the following circumstances:
Section 16. Separability Clause. - If any provision or "l) When the victim is under eighteen (18) years of
part of this Act is declared invalid or age and the offender is a parent, ascendant, step-
unconstitutional, the other parts or provisions "a) Through force, threat, or intimidation; parent, guardian, relative by consanguinity or
hereof shall remain valid and effective.
affinity within the third civil degree, or the commission of the crime. as evidence in the prosecution of the acts punished
common-law spouse of the parent of the victim; under Article 266-A."
"Rape under paragraph 2 of the next preceding
"2) When the victim is under the custody of the article shall be punished by prision mayor. Sec. 3. Separability Clause. - If any part, Sec., or
police or military authorities or any law provision of this Act is declared invalid or
enforcement or penal institution; "Whenever the rape is committed with the use of a unconstitutional, the other parts thereof not
deadly weapon or by two or more persons, the affected thereby shall remain valid.
"3) When the rape is committed in full view of the penalty shall be prision mayor to reclusion
spouse, parent, any of the children or other temporal. Sec. 4. Repealing Clause. - Article 336 of Act No.
relatives within the third civil degree of 3815, as amended, and all laws, acts, presidential
consanguinity; "When by reason or on the occasion of the rape, the decrees, executive orders, administrative orders,
victim has become insane, the penalty shall be rules and regulations inconsistent with or contrary
"4) When the victim is a religious engaged in reclusion temporal. to the provisions of this Act are deemed amended,
legitimate religious vocation or calling and is modified or repealed accordingly.
personally known to be such by the offender before "When the rape is attempted and a homicide is
or at the time of the commission of the crime; committed by reason or on the occasion thereof, Sec. 5. Effectivity. - This Act shall take effect fifteen
the penalty shall be reclusion temporal to reclusion (15) days after completion of its publication in two
"5) When the victim is a child below seven (7) years perpetua. (2) newspapers of general circulation.
old;
"When by reason or on the occasion ofthe rape, Republic Act No. 9262 March 08, 2004
"6) When the offender knows that he is afflicted homicide is committed, the penalty shall be
with the Human Immuno-Deficiency Virus reclusion perpetua.
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) AN ACT DEFINING VIOLENCE AGAINST WOMEN
or any other sexually transmissible disease and the "Reclusion temporal shall be imposed if the rape is AND THEIR CHILDREN, PROVIDING FOR
virus or disease is transmitted to the victim; committed with any of the ten aggravating/ PROTECTIVE MEASURES FOR VICTIMS,
qualifying circumstances mentioned in this article. PRESCRIBING PENALTIES THEREFORE, AND FOR
"7) When committed by any member of the Armed OTHER PURPOSES
Forces of the Philippines or para-military units "Article 266-C. Effect of Pardon. - The subsequent
thereof or the Philippine National Police or any law valid marriage between the offended party shall Be it enacted by the Senate and House of
enforcement agency or penal institution, when the extinguish the criminal action or the penalty Representatives of the Philippine Congress
offender took advantage of his position to facilitate imposed. Assembled:
the commission of the crime;
"In case it is the legal husband who is the offender, SECTION 1. Short Title.- This Act shall be known as
"8) When by reason or on the occasion of the rape, the subsequent forgiveness by the wife as the the "Anti-Violence Against Women and Their
the victim has suffered permanent physical offended party shall extinguish the criminal action Children Act of 2004".
mutilation or disability; or the penalty: Provided, That the crime shall not be
extinguished or the penalty shall not be abated if SECTION 2. Declaration of Policy.- It is hereby
"9) When the offender knew of the pregnancy of the marriage is void ab initio. declared that the State values the dignity of women
the offended party at the time of the commission of and children and guarantees full respect for human
the crime; and "Article 266-D. Presumptions. - Any physical overt rights. The State also recognizes the need to protect
act manifesting resistance against the act of rape in the family and its members particularly women and
"10) When the offender knew of the mental any degree from the offended party, or where the children, from violence and threats to their personal
disability, emotional disorder and/or physical offended party is so situated as to render her/him safety and security.
handicap of the offended party at the time of the incapable of giving valid consent, may be accepted
Towards this end, the State shall exert efforts to demeaning and sexually of the right to custody and/or
address violence committed against women and suggestive remarks, visitation of common children.
children in keeping with the fundamental freedoms physically attacking the
guaranteed under the Constitution and the sexual parts of the victim's D. "Economic abuse" refers to acts
Provisions of the Universal Declaration of Human body, forcing her/him to that make or attempt to make a
Rights, the convention on the Elimination of all watch obscene publications woman financially dependent which
forms of discrimination Against Women, Convention and indecent shows or includes, but is not limited to the
on the Rights of the Child and other international forcing the woman or her following:
human rights instruments of which the Philippines is child to do indecent acts
a party. and/or make films thereof, 1. withdrawal of financial
forcing the wife and support or preventing the
SECTION 3. Definition of Terms.- As used in this Act, mistress/lover to live in the victim from engaging in any
conjugal home or sleep legitimate profession,
(a) "Violence against women and their together in the same room occupation, business or
children" refers to any act or a series of acts with the abuser; activity, except in cases
committed by any person against a woman wherein the other
who is his wife, former wife, or against a b) acts causing or spouse/partner objects on
woman with whom the person has or had a attempting to cause the valid, serious and moral
sexual or dating relationship, or with whom victim to engage in any grounds as defined in
he has a common child, or against her child sexual activity by force, Article 73 of the Family
whether legitimate or illegitimate, within or threat of force, physical or Code;
without the family abode, which result in or other harm or threat of
is likely to result in physical, sexual, physical or other harm or 2. deprivation or threat of
psychological harm or suffering, or coercion; deprivation of financial
economic abuse including threats of such resources and the right to
acts, battery, assault, coercion, harassment c) Prostituting the woman the use and enjoyment of
or arbitrary deprivation of liberty. It or child. the conjugal, community or
includes, but is not limited to, the following property owned in
acts: C. "Psychological violence" refers to common;
acts or omissions causing or likely to
A. "Physical Violence" refers to acts cause mental or emotional suffering 3. destroying household
that include bodily or physical of the victim such as but not limited property;
harm; to intimidation, harassment,
stalking, damage to property, public 4. controlling the victims'
B. "Sexual violence" refers to an act ridicule or humiliation, repeated own money or properties or
which is sexual in nature, verbal abuse and mental infidelity. solely controlling the
committed against a woman or her It includes causing or allowing the conjugal money or
child. It includes, but is not limited victim to witness the physical, properties.
to: sexual or psychological abuse of a
member of the family to which the (b) "Battery" refers to an act of inflicting
a) rape, sexual harassment, victim belongs, or to witness physical harm upon the woman or her child
acts of lasciviousness, pornography in any form or to resulting to the physical and psychological
treating a woman or her witness abusive injury to pets or to or emotional distress.
child as a sex object, making unlawful or unwanted deprivation
(c) "Battered Woman Syndrome" refers to a children of the victim and other children (1) Threatening to deprive or
scientifically defined pattern of under her care. actually depriving the woman or her
psychological and behavioral symptoms child of custody to her/his family;
found in women living in battering SECTION 4. Construction.- This Act shall be liberally
relationships as a result of cumulative construed to promote the protection and safety of (2) Depriving or threatening to
abuse. victims of violence against women and their deprive the woman or her children
children. of financial support legally due her
(d) "Stalking" refers to an intentional act or her family, or deliberately
committed by a person who, knowingly and SECTION 5. Acts of Violence Against Women and providing the woman's children
without lawful justification follows the Their Children.- The crime of violence against insufficient financial support;
woman or her child or places the woman or women and their children is committed through any
her child under surveillance directly or of the following acts: (3) Depriving or threatening to
indirectly or a combination thereof. deprive the woman or her child of a
(a) Causing physical harm to the woman or legal right;
(e) "Dating relationship" refers to a her child;
situation wherein the parties live as (4) Preventing the woman in
husband and wife without the benefit of (b) Threatening to cause the woman or her engaging in any legitimate
marriage or are romantically involved over child physical harm; profession, occupation, business or
time and on a continuing basis during the activity or controlling the victim's
course of the relationship. A casual (c) Attempting to cause the woman or her own mon4ey or properties, or solely
acquaintance or ordinary socialization child physical harm; controlling the conjugal or common
between two individuals in a business or money, or properties;
social context is not a dating relationship. (d) Placing the woman or her child in fear of
imminent physical harm; (f) Inflicting or threatening to inflict physical
(f) "Sexual relations" refers to a single harm on oneself for the purpose of
sexual act which may or may not result in (e) Attempting to compel or compelling the controlling her actions or decisions;
the bearing of a common child. woman or her child to engage in conduct
which the woman or her child has the right (g) Causing or attempting to cause the
(g) "Safe place or shelter" refers to any to desist from or desist from conduct which woman or her child to engage in any sexual
home or institution maintained or managed the woman or her child has the right to activity which does not constitute rape, by
by the Department of Social Welfare and engage in, or attempting to restrict or force or threat of force, physical harm, or
Development (DSWD) or by any other restricting the woman's or her child's through intimidation directed against the
agency or voluntary organization accredited freedom of movement or conduct by force woman or her child or her/his immediate
by the DSWD for the purposes of this Act or or threat of force, physical or other harm or family;
any other suitable place the resident of threat of physical or other harm, or
which is willing temporarily to receive the intimidation directed against the woman or (h) Engaging in purposeful, knowing, or
victim. child. This shall include, but not limited to, reckless conduct, personally or through
the following acts committed with the another, that alarms or causes substantial
(h) "Children" refers to those below purpose or effect of controlling or emotional or psychological distress to the
eighteen (18) years of age or older but are restricting the woman's or her child's woman or her child. This shall include, but
incapable of taking care of themselves as movement or conduct: not be limited to, the following acts:
defined under Republic Act No. 7610. As
used in this Act, it includes the biological
 (1) Stalking or following the woman serious physical injuries shall have the treatment and shall report compliance to
or her child in public or private penalty of prison mayor; those constituting the court.
places; less serious physical injuries shall be
punished by prision correccional; and those SECTION 7. Venue.- The Regional Trial Court
(2) Peering in the window or constituting slight physical injuries shall be designated as a Family Court shall have original and
lingering outside the residence of punished by arresto mayor. exclusive jurisdiction over cases of violence against
the woman or her child; women and their children under this law. In the
Acts falling under Section 5(b) shall be absence of such court in the place where the
(3) Entering or remaining in the punished by imprisonment of two degrees offense was committed, the case shall be filed in the
dwelling or on the property of the lower than the prescribed penalty for the Regional Trial Court where the crime or any of its
woman or her child against her/his consummated crime as specified in the elements was committed at the option of the
will; preceding paragraph but shall in no case be compliant.
lower than arresto mayor.
(4) Destroying the property and SECTION 8. Protection Orders.- A protection order is
personal belongings or inflicting (b) Acts falling under Section 5(c) and 5(d) an order issued under this act for the purpose of
harm to animals or pets of the shall be punished by arresto mayor; preventing further acts of violence against a woman
woman or her child; and or her child specified in Section 5 of this Act and
(c) Acts falling under Section 5(e) shall be granting other necessary relief. The relief granted
(5) Engaging in any form of punished by prision correccional; under a protection order serve the purpose of
harassment or violence; safeguarding the victim from further harm,
(d) Acts falling under Section 5(f) shall be minimizing any disruption in the victim's daily life,
(i) Causing mental or emotional anguish, punished by arresto mayor; and facilitating the opportunity and ability of the
public ridicule or humiliation to the woman victim to independently regain control over her life.
or her child, including, but not limited to, (e) Acts falling under Section 5(g) shall be The provisions of the protection order shall be
repeated verbal and emotional abuse, and punished by prision mayor; enforced by law enforcement agencies. The
denial of financial support or custody of protection orders that may be issued under this Act
minor children of access to the woman's (f) Acts falling under Section 5(h) and are the barangay protection order (BPO), temporary
child/children. Section 5(i) shall be punished by prision protection order (TPO) and permanent protection
mayor. order (PPO). The protection orders that may be
SECTION 6. Penalties.- The crime of violence against issued under this Act shall include any, some or all
women and their children, under Section 5 hereof If the acts are committed while the woman of the following reliefs:
shall be punished according to the following rules: or child is pregnant or committed in the
presence of her child, the penalty to be (a) Prohibition of the respondent from
(a) Acts falling under Section 5(a) applied shall be the maximum period of threatening to commit or committing,
constituting attempted, frustrated or penalty prescribed in the section. personally or through another, any of the
consummated parricide or murder or acts mentioned in Section 5 of this Act;
homicide shall be punished in accordance In addition to imprisonment, the
with the provisions of the Revised Penal perpetrator shall (a) pay a fine in the (b) Prohibition of the respondent from
Code. amount of not less than One hundred harassing, annoying, telephoning,
thousand pesos (P100,000.00) but not more contacting or otherwise communicating
If these acts resulted in mutilation, it shall than three hundred thousand pesos with the petitioner, directly or indirectly;
be punishable in accordance with the (300,000.00); (b) undergo mandatory
Revised Penal Code; those constituting psychological counseling or psychiatric (c) Removal and exclusion of the
respondent from the residence of the
petitioner, regardless of ownership of the remit and/or withhold or any delay in the The issuance of a BPO or the pendency of
residence, either temporarily for the remittance of support to the woman and/or an application for BPO shall not preclude a
purpose of protecting the petitioner, or her child without justifiable cause shall petitioner from applying for, or the court
permanently where no property rights are render the respondent or his employer from granting a TPO or PPO.
violated, and if respondent must remove liable for indirect contempt of court;
personal effects from the residence, the SECTION 9. Who may file Petition for Protection
court shall direct a law enforcement agent (h) Prohibition of the respondent from any Orders. – A petition for protection order may be
to accompany the respondent has gathered use or possession of any firearm or deadly filed by any of the following:
his things and escort respondent from the weapon and order him to surrender the
residence; same to the court for appropriate (a) the offended party;
disposition by the court, including
(d) Directing the respondent to stay away revocation of license and disqualification to (b) parents or guardians of the offended
from petitioner and designated family or apply for any license to use or possess a party;
household member at a distance specified firearm. If the offender is a law
by the court, and to stay away from the enforcement agent, the court shall order (c) ascendants, descendants or collateral
residence, school, place of employment, or the offender to surrender his firearm and relatives within the fourth civil degree of
any specified place frequented by the shall direct the appropriate authority to consanguinity or affinity;
petitioner and any designated family or investigate on the offender and take
household member; appropriate action on matter; (d) officers or social workers of the DSWD or
social workers of local government units
(e) Directing lawful possession and use by (i) Restitution for actual damages caused by (LGUs);
petitioner of an automobile and other the violence inflicted, including, but not
essential personal effects, regardless of limited to, property damage, medical (e) police officers, preferably those in
ownership, and directing the appropriate expenses, childcare expenses and loss of charge of women and children's desks;
law enforcement officer to accompany the income;
petitioner to the residence of the parties to (f) Punong Barangay or Barangay Kagawad;
ensure that the petitioner is safely restored (j) Directing the DSWD or any appropriate
to the possession of the automobile and agency to provide petitioner may need; and (g) lawyer, counselor, therapist or
other essential personal effects, or to healthcare provider of the petitioner;
supervise the petitioner's or respondent's (k) Provision of such other forms of relief as
removal of personal belongings; the court deems necessary to protect and (h) At least two (2) concerned responsible
provide for the safety of the petitioner and citizens of the city or municipality where the
(f) Granting a temporary or permanent any designated family or household violence against women and their children
custody of a child/children to the petitioner; member, provided petitioner and any occurred and who has personal knowledge
designated family or household member of the offense committed.
(g) Directing the respondent to provide consents to such relief.
support to the woman and/or her child if SECTION 10. Where to Apply for a Protection Order.
entitled to legal support. Notwithstanding Any of the reliefs provided under this – Applications for BPOs shall follow the rules on
other laws to the contrary, the court shall section shall be granted even in the absence venue under Section 409 of the Local Government
order an appropriate percentage of the of a decree of legal separation or Code of 1991 and its implementing rules and
income or salary of the respondent to be annulment or declaration of absolute nullity regulations. An application for a TPO or PPO may be
withheld regularly by the respondent's of marriage. filed in the regional trial court, metropolitan trial
employer for the same to be automatically court, municipal trial court, municipal circuit trial
remitted directly to the woman. Failure to
court with territorial jurisdiction over the place of applicant attesting to (a) the circumstances of the However, a private counsel offering free legal
residence of the petitioner: Provided, however, That abuse suffered by the victim and (b) the service is not barred from representing the
if a family court exists in the place of residence of circumstances of consent given by the victim for the petitioner.
the petitioner, the application shall be filed with filling of the application. When disclosure of the
that court. address of the victim will pose danger to her life, it SECTION 14. Barangay Protection Orders (BPOs);
shall be so stated in the application. In such a case, Who May Issue and How. - Barangay Protection
SECTION 11. How to Apply for a Protection Order. – the applicant shall attest that the victim is residing Orders (BPOs) refer to the protection order issued
The application for a protection order must be in in the municipality or city over which court has by the Punong Barangay ordering the perpetrator
writing, signed and verified under oath by the territorial jurisdiction, and shall provide a mailing to desist from committing acts under Section 5 (a)
applicant. It may be filed as an independent action address for purpose of service processing. and (b) of this Act. A Punong Barangay who receives
or as incidental relief in any civil or criminal case the applications for a BPO shall issue the protection
subject matter or issues thereof partakes of a An application for protection order filed with a order to the applicant on the date of filing after ex
violence as described in this Act. A standard court shall be considered an application for both a parte determination of the basis of the application.
protection order application form, written in English TPO and PPO. If the Punong Barangay is unavailable to act on the
with translation to the major local languages, shall application for a BPO, the application shall be acted
be made available to facilitate applications for Barangay officials and court personnel shall assist upon by any available Barangay Kagawad. If the
protections order, and shall contain, among other, applicants in the preparation of the application. Law BPO is issued by a Barangay Kagawad the order
the following information: enforcement agents shall also extend assistance in must be accompanied by an attestation by
the application for protection orders in cases the Barangay Kagawad that the Punong
(a) names and addresses of petitioner and brought to their attention. Barangay was unavailable at the time for the
respondent; issuance of the BPO. BPOs shall be effective for
SECTION 12. Enforceability of Protection Orders. – fifteen (15) days. Immediately after the issuance of
(b) description of relationships between All TPOs and PPOs issued under this Act shall be an ex parte BPO, the Punong Barangay or Barangay
petitioner and respondent; enforceable anywhere in the Philippines and a Kagawad shall personally serve a copy of the same
violation thereof shall be punishable with a fine on the respondent, or direct any barangay official to
(c) a statement of the circumstances of the ranging from Five Thousand Pesos (P5,000.00) to effect is personal service.
abuse; Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months. The parties may be accompanied by a non-lawyer
(d) description of the reliefs requested by advocate in any proceeding before the Punong
petitioner as specified in Section 8 herein; SECTION 13. Legal Representation of Petitioners for Barangay.
Protection Order. – If the woman or her child
(e) request for counsel and reasons for requests in the applications for a protection order SECTION 15. Temporary Protection Orders. –
such; for the appointment of counsel because of lack of Temporary Protection Orders (TPOs) refers to the
economic means to hire a counsel de parte, the protection order issued by the court on the date of
(f) request for waiver of application fees court shall immediately direct the Public Attorney's filing of the application after ex parte determination
until hearing; and Office (PAO) to represent the petitioner in the that such order should be issued. A court may grant
hearing on the application. If the PAO determines in a TPO any, some or all of the reliefs mentioned in
(g) an attestation that there is no pending that the applicant can afford to hire the services of a this Act and shall be effective for thirty (30) days.
application for a protection order in another counsel de parte, it shall facilitate the legal The court shall schedule a hearing on the issuance
court. representation of the petitioner by a counsel de of a PPO prior to or on the date of the expiration of
parte. The lack of access to family or conjugal the TPO. The court shall order the immediate
If the applicants is not the victim, the application resources by the applicant, such as when the same personal service of the TPO on the respondent by
must be accompanied by an affidavit of the are controlled by the perpetrator, shall qualify the the court sheriff who may obtain the assistance of
petitioner to legal representation by the PAO. law enforcement agents for the service. The TPO
shall include notice of the date of the hearing on the The court shall not deny the issuance of protection proceedings in order to hear applications for a
merits of the issuance of a PPO. order on the basis of the lapse of time between the protection order.
act of violence and the filing of the application.
SECTION 16. Permanent Protection Orders. – SECTION 21. Violation of Protection Orders. – A
Permanent Protection Order (PPO) refers to Regardless of the conviction or acquittal of the complaint for a violation of a BPO issued under this
protection order issued by the court after notice respondent, the Court must determine whether or Act must be filed directly with any municipal trial
and hearing. not the PPO shall become final. Even in a dismissal, court, metropolitan trial court, or municipal circuit
a PPO shall be granted as long as there is no clear trial court that has territorial jurisdiction over the
Respondents non-appearance despite proper showing that the act from which the order might barangay that issued the BPO. Violation of a BPO
notice, or his lack of a lawyer, or the non-availability arise did not exist. shall be punishable by imprisonment of thirty (30)
of his lawyer shall not be a ground for rescheduling days without prejudice to any other criminal or civil
or postponing the hearing on the merits of the SECTION 17. Notice of Sanction in Protection Orders. action that the offended party may file for any of
issuance of a PPO. If the respondents appears – The following statement must be printed in bold- the acts committed.
without counsel on the date of the hearing on the faced type or in capital letters on the protection
PPO, the court shall appoint a lawyer for the order issued by the Punong Barangay or court: A judgement of violation of a BPO ma be appealed
respondent and immediately proceed with the according to the Rules of Court. During trial and
hearing. In case the respondent fails to appear "VIOLATION OF THIS ORDER IS PUNISHABLE BY upon judgment, the trial court may motu proprio
despite proper notice, the court shall allow ex parte LAW." issue a protection order as it deems necessary
presentation of the evidence by the applicant and without need of an application.
render judgment on the basis of the evidence SECTION 18. Mandatory Period For Acting on
presented. The court shall allow the introduction of Applications For Protection Orders – Failure to act Violation of any provision of a TPO or PPO issued
any history of abusive conduct of a respondent even on an application for a protection order within the under this Act shall constitute contempt of court
if the same was not directed against the applicant reglementary period specified in the previous punishable under Rule 71 of the Rules of Court,
or the person for whom the applicant is made. section without justifiable cause shall render the without prejudice to any other criminal or civil
official or judge administratively liable. action that the offended party may file for any of
The court shall, to the extent possible, conduct the the acts committed.
hearing on the merits of the issuance of a PPO in SECTION 19. Legal Separation Cases. – In cases of
one (1) day. Where the court is unable to conduct legal separation, where violence as specified in this SECTION 22. Applicability of Protection Orders to
the hearing within one (1) day and the TPO issued is Act is alleged, Article 58 of the Family Code shall not Criminal Cases. – The foregoing provisions on
due to expire, the court shall continuously extend or apply. The court shall proceed on the main case and protection orders shall be applicable in impliedly
renew the TPO for a period of thirty (30) days at other incidents of the case as soon as possible. The instituted with the criminal actions involving
each particular time until final judgment is issued. hearing on any application for a protection order violence against women and their children.
The extended or renewed TPO may be modified by filed by the petitioner must be conducted within the
the court as may be necessary or applicable to mandatory period specified in this Act. SECTION 23. Bond to Keep the Peace. – The Court
address the needs of the applicant. may order any person against whom a protection
SECTION 20. Priority of Application for a Protection order is issued to give a bond to keep the peace, to
The court may grant any, some or all of the reliefs Order. – Ex parte and adversarial hearings to present two sufficient sureties who shall undertake
specified in Section 8 hereof in a PPO. A PPO shall determine the basis of applications for a protection that such person will not commit the violence
be effective until revoked by a court upon order under this Act shall have priority over all other sought to be prevented.
application of the person in whose favor the order proceedings. Barangay officials and the courts shall
was issued. The court shall ensure immediate schedule and conduct hearings on applications for a Should the respondent fail to give the bond as
personal service of the PPO on respondent. protection order under this Act above all other required, he shall be detained for a period which
business and, if necessary, suspend other 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) mother, with right to support, unless the court finds (d) assist the victim in removing personal
days, if for acts punishable under Section 5(g) to compelling reasons to order otherwise. belongs from the house;
5(I).
A victim who is suffering from battered woman (e) assist the barangay officials and other
The protection orders referred to in this section are syndrome shall not be disqualified from having government officers and employees who
the TPOs and the PPOs issued only by the courts. custody of her children. In no case shall custody of respond to a call for help;
minor children be given to the perpetrator of a
SECTION 24. Prescriptive Period. – Acts falling under woman who is suffering from Battered woman (f) ensure the enforcement of the
Sections 5(a) to 5(f) shall prescribe in twenty (20) syndrome. Protection Orders issued by the Punong
years. Acts falling under Sections 5(g) to 5(I) shall Barangy or the courts;
prescribe in ten (10) years. SECTION 29. Duties of Prosecutors/Court Personnel.
– Prosecutors and court personnel should observe (g) arrest the suspected perpetrator
SECTION 25. Public Crime. – Violence against the following duties when dealing with victims wiithout a warrant when any of the acts of
women and their children shall be considered a under this Act: violence defined by this Act is occurring, or
public offense which may be prosecuted upon the when he/she has personal knowledge that
filing of a complaint by any citizen having personal a) communicate with the victim in a any act of abuse has just been committed,
knowledge of the circumstances involving the language understood by the woman or her and there is imminent danger to the life or
commission of the crime. child; and limb of the victim as defined in this Act; and

SECTION 26. Battered Woman Syndrome as a b) inform the victim of her/his rights (h) immediately report the call for
Defense. – Victim-survivors who are found by the including legal remedies available and assessment or assistance of the DSWD,
courts to be suffering from battered woman procedure, and privileges for indigent social Welfare Department of LGUs or
syndrome do not incur any criminal and civil liability litigants. accredited non-government organizations
notwithstanding the absence of any of the elements (NGOs).
for justifying circumstances of self-defense under SECTION 30. Duties of Barangay Officials and Law
the Revised Penal Code. Enforcers. – Barangay officials and law enforcers Any barangay official or law enforcer who fails to
shall have the following duties: report the incident shall be liable for a fine not
In the determination of the state of mind of the exceeding Ten Thousand Pesos (P10,000.00) or
woman who was suffering from battered woman (a) respond immediately to a call for help or whenever applicable criminal, civil or administrative
syndrome at the time of the commission of the request for assistance or protection of the liability.
crime, the courts shall be assisted by expert victim by entering the necessary whether or
psychiatrists/ psychologists. not a protection order has been issued and SECTION 31. Healthcare Provider Response to
ensure the safety of the victim/s; Abuse – Any healthcare provider, including, but not
SECTION 27. Prohibited Defense. – Being under the limited to, an attending physician, nurse, clinician,
influence of alcohol, any illicit drug, or any other (b) confiscate any deadly weapon in the barangay health worker, therapist or counselor who
mind-altering substance shall not be a defense possession of the perpetrator or within suspects abuse or has been informed by the victim
under this Act. plain view; of violence shall:

SECTION 28. Custody of children. – The woman (c) transport or escort the victim/s to a safe (a) properly document any of the victim's
victim of violence shall be entitled to the custody place of their choice or to a clinic or physical, emotional or psychological
and support of her child/children. Children below hospital; injuries;
seven (7) years old older but with mental or physical
disabilities shall automatically be given to the
 (b) properly record any of victim's Failure to comply with this Section shall render the SECTION 38. Exemption from Payment of Docket
suspicions, observations and circumstances official or judge administratively liable. Fee and Other Expenses. – If the victim is an indigent
of the examination or visit; or there is an immediate necessity due to imminent
SECTION 34. Persons Intervening Exempt from danger or threat of danger to act on an application
(c) automatically provide the victim free of Liability. – In every case of violence against women for a protection order, the court shall accept the
charge a medical certificate concerning the and their children as herein defined, any person, application without payment of the filing fee and
examination or visit; private individual or police authority or barangay other fees and of transcript of stenographic notes.
official who, acting in accordance with law,
(d) safeguard the records and make them responds or intervenes without using violence or SECTION 39. Inter-Agency Council on Violence
available to the victim upon request at restraint greater than necessary to ensure the Against Women and Their Children (IAC-VAWC). In
actual cost; and safety of the victim, shall not be liable for any pursuance of the abovementioned policy, there is
criminal, civil or administrative liability resulting hereby established an Inter-Agency Council on
(e) provide the victim immediate and therefrom. Violence Against Women and their children,
adequate notice of rights and remedies hereinafter known as the Council, which shall be
provided under this Act, and services SECTION 35. Rights of Victims. – In addition to their composed of the following agencies:
available to them. rights under existing laws, victims of violence
against women and their children shall have the (a) Department of Social Welfare and
SECTION 32. Duties of Other Government Agencies following rights: Development (DSWD);
and LGUs – Other government agencies and LGUs
shall establish programs such as, but not limited to, (a) to be treated with respect and dignity; (b) National Commission on the Role of
education and information campaign and seminars Filipino Women (NCRFW);
or symposia on the nature, causes, incidence and (b) to avail of legal assistance form the PAO
consequences of such violence particularly towards of the Department of Justice (DOJ) or any (c) Civil Service Commission (CSC);
educating the public on its social impacts. public legal assistance office;
(d) Commission on Human rights (CHR)
It shall be the duty of the concerned government (c) To be entitled to support services form
agencies and LGU's to ensure the sustained the DSWD and LGUs' (e) Council for the Welfare of Children
education and training of their officers and (CWC);
personnel on the prevention of violence against (d) To be entitled to all legal remedies and
women and their children under the Act. support as provided for under the Family (f) Department of Justice (DOJ);
Code; and
SECTION 33. Prohibited Acts. – A Punong Barangay, (g) Department of the Interior and Local
Barangay Kagawad or the court hearing an (e) To be informed of their rights and the Government (DILG);
application for a protection order shall not order, services available to them including their
direct, force or in any way unduly influence he right to apply for a protection order. (h) Philippine National Police (PNP);
applicant for a protection order to compromise or
abandon any of the reliefs sought in the application SECTION 36. Damages. – Any victim of violence (i) Department of Health (DOH);
for protection under this Act. Section 7 of the Family under this Act shall be entitled to actual,
Courts Act of 1997 and Sections 410, 411, 412 and compensatory, moral and exemplary damages. (j) Department of Education (DepEd);
413 of the Local Government Code of 1991 shall not
apply in proceedings where relief is sought under SECTION 37. Hold Departure Order. – The court shall (k) Department of Labor and Employment
this Act. expedite the process of issuance of a hold departure (DOLE); and
order in cases prosecuted under this Act.
 (l) National Bureau of Investigation (NBI). b. the legal rights of, and remedies available publishes or causes to be published, in any format,
to, victims of violence against women and the name, address, telephone number, school,
These agencies are tasked to formulate programs their children; business address, employer, or other identifying
and projects to eliminate VAW based on their information of a victim or an immediate family
mandates as well as develop capability programs for c. the services and facilities available to member, without the latter's consent, shall be liable
their employees to become more sensitive to the victims or survivors; to the contempt power of the court.
needs of their clients. The Council will also serve as
the monitoring body as regards to VAW initiatives. d. the legal duties imposed on police Any person who violates this provision shall suffer
officers to make arrest and to offer the penalty of one (1) year imprisonment and a fine
The Council members may designate their duly protection and assistance; and of not more than Five Hundred Thousand pesos
authorized representative who shall have a rank not (P500,000.00).
lower than an assistant secretary or its equivalent. e. techniques for handling incidents of
These representatives shall attend Council meetings violence against women and their children SECTION 45. Funding – The amount necessary to
in their behalf, and shall receive emoluments as that minimize the likelihood of injury to the implement the provisions of this Act shall be
may be determined by the Council in accordance officer and promote the safety of the victim included in the annual General Appropriations Act
with existing budget and accounting rules and or survivor. (GAA).
regulations.
The PNP, in coordination with LGU's shall establish The Gender and Development (GAD) Budget of the
SECTION 40. Mandatory Programs and Services for an education and training program for police mandated agencies and LGU's shall be used to
Victims. – The DSWD, and LGU's shall provide the officers and barangay officials to enable them to implement services for victim of violence against
victims temporary shelters, provide counseling, properly handle cases of violence against women women and their children.
psycho-social services and /or, recovery, and their children.
rehabilitation programs and livelihood assistance. SECTION 46. Implementing Rules and Regulations. –
SECTION 43. Entitled to Leave. – Victims under this Within six (6) months from the approval of this Act,
The DOH shall provide medical assistance to victims. Act shall be entitled to take a paid leave of absence the DOJ, the NCRFW, the DSWD, the DILG, the DOH,
up to ten (10) days in addition to other paid leaves and the PNP, and three (3) representatives from
SECTION 41. Counseling and Treatment of under the Labor Code and Civil Service Rules and NGOs to be identified by the NCRFW, shall
Offenders. – The DSWD shall provide rehabilitative Regulations, extendible when the necessity arises as promulgate the Implementing Rules and
counseling and treatment to perpetrators towards specified in the protection order. Regulations (IRR) of this Act.
learning constructive ways of coping with anger and
emotional outbursts and reforming their ways. Any employer who shall prejudice the right of the SECTION 47. Suppletory Application – For purposes
When necessary, the offender shall be ordered by person under this section shall be penalized in of this Act, the Revised Penal Code and other
the Court to submit to psychiatric treatment or accordance with the provisions of the Labor Code applicable laws, shall have suppletory application.
confinement. and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for SECTION 48. Separability Clause. – If any section or
SECTION 42. Training of Persons Involved in assisting a co-employee who is a victim under this provision of this Act is held unconstitutional or
Responding to Violence Against Women and their Act shall likewise be liable for discrimination. invalid, the other sections or provisions shall not be
Children Cases. – All agencies involved in responding affected.
to violence against women and their children cases SECTION 44. Confidentiality. – All records pertaining
shall be required to undergo education and training to cases of violence against women and their SECTION 49. Repealing Clause – All laws,
to acquaint them with: children including those in the barangay shall be Presidential decrees, executive orders and rules and
confidential and all public officers and employees regulations, or parts thereof, inconsistent with the
a. the nature, extend and causes of violence and public or private clinics to hospitals shall provisions of this Act are hereby repealed or
against women and their children; respect the right to privacy of the victim. Whoever modified accordingly.
SECTION 50. Effectivity – This Act shall take effect affect their survival and normal development and (4) Failure to immediately give
fifteen (15) days from the date of its complete over which they have no control. medical treatment to an injured
publication in at least two (2) newspapers of general child resulting in serious
circulation. The best interests of children shall be the impairment of his growth and
paramount consideration in all actions concerning development or in his permanent
Republic Act No. 7610 June 17, 1992 them, whether undertaken by public or private incapacity or death.
social welfare institutions, courts of law,
AN ACT PROVIDING FOR STRONGER DETERRENCE administrative authorities, and legislative bodies, (c) "Circumstances which gravely threaten
AND SPECIAL PROTECTION AGAINST CHILD ABUSE, consistent with the principle of First Call for or endanger the survival and normal
EXPLOITATION AND DISCRIMINATION, AND FOR Children as enunciated in the United Nations development of children" include, but are
OTHER PURPOSES Convention of the Rights of the Child. Every effort not limited to, the following;
shall be exerted to promote the welfare of children
Be it enacted by the Senate and House of and enhance their opportunities for a useful and (1) Being in a community where
Representatives of the Philippines in Congress happy life. there is armed conflict or being
assembled: affected by armed conflict-related
Section 3. Definition of Terms. – activities;
ARTICLE I
Title, Policy, Principles and Definitions of Terms (a) "Children" refers to person below (2) Working under conditions
eighteen (18) years of age or those over but hazardous to life, safety and normal
Section 1. Title. – This Act shall be known as are unable to fully take care of themselves which unduly interfere with their
the "Special Protection of Children Against Abuse, or protect themselves from abuse, neglect, normal development;
Exploitation and Discrimination Act." cruelty, exploitation or discrimination
because of a physical or mental disability or (3) Living in or fending for
Section 2. Declaration of State Policy and condition; themselves in the streets of urban
Principles. – It is hereby declared to be the policy of or rural areas without the care of
the State to provide special protection to children (b) "Child abuse" refers to the parents or a guardian or basic
from all firms of abuse, neglect, cruelty exploitation maltreatment, whether habitual or not, of services needed for a good quality
and discrimination and other conditions, prejudicial the child which includes any of the of life;
their development; provide sanctions for their following:
commission and carry out a program for prevention (4) Being a member of a indigenous
and deterrence of and crisis intervention in (1) Psychological and physical cultural community and/or living
situations of child abuse, exploitation and abuse, neglect, cruelty, sexual under conditions of extreme
discrimination. The State shall intervene on behalf abuse and emotional maltreatment; poverty or in an area which is
of the child when the parent, guardian, teacher or underdeveloped and/or lacks or has
person having care or custody of the child fails or is (2) Any act by deeds or words which inadequate access to basic services
unable to protect the child against abuse, debases, degrades or demeans the needed for a good quality of life;
exploitation and discrimination or when such acts intrinsic worth and dignity of a child
against the child are committed by the said parent, as a human being; (5) Being a victim of a man-made or
guardian, teacher or person having care and natural disaster or calamity; or
custody of the same.1awphi1@alf (3) Unreasonable deprivation of his
basic needs for survival, such as (6) Circumstances analogous to
It shall be the policy of the State to protect and food and shelter; or those abovestated which endanger
rehabilitate children gravely threatened or the life, safety or normal
endangered by circumstances which affect or will development of children.
 (d) "Comprehensive program against child the coercion or influence of any adult, syndicate or the Revised Penal Code, for rape or
abuse, exploitation and discrimination" group, indulge in sexual intercourse or lascivious lascivious conduct, as the case may be:
refers to the coordinated program of conduct, are deemed to be children exploited in Provided, That the penalty for lascivious
services and facilities to protected children prostitution and other sexual abuse. conduct when the victim is under twelve
against: (12) years of age shall be reclusion temporal
The penalty of reclusion temporal in its medium in its medium period; and
(1) Child Prostitution and other period to reclusion perpetua shall be imposed upon
sexual abuse; the following: (c) Those who derive profit or advantage
therefrom, whether as manager or owner of
(2) Child trafficking; (a) Those who engage in or promote, the establishment where the prostitution
facilitate or induce child prostitution which takes place, or of the sauna, disco, bar,
(3) Obscene publications and include, but are not limited to, the resort, place of entertainment or
indecent shows; following: establishment serving as a cover or which
engages in prostitution in addition to the
(4) Other acts of abuses; and (1) Acting as a procurer of a child activity for which the license has been
prostitute; issued to said establishment.
(5) Circumstances which threaten or
endanger the survival and normal (2) Inducing a person to be a client Section 6. Attempt To Commit Child Prostitution. –
development of children.1awphi1Ÿ of a child prostitute by means of There is an attempt to commit child prostitution
written or oral advertisements or under Section 5, paragraph (a) hereof when any
ARTICLE II other similar means; person who, not being a relative of a child, is found
Program on Child Abuse, Exploitation and alone with the said child inside the room or cubicle
Discrimination (3) Taking advantage of influence or of a house, an inn, hotel, motel, pension house,
relationship to procure a child as apartelle or other similar establishments, vessel,
Section 4. Formulation of the Program. – There prostitute; vehicle or any other hidden or secluded area under
shall be a comprehensive program to be circumstances which would lead a reasonable
formulated, by the Department of Justice and the (4) Threatening or using violence person to believe that the child is about to be
Department of Social Welfare and Development in towards a child to engage him as a exploited in prostitution and other sexual abuse.
coordination with other government agencies and prostitute; or
private sector concerned, within one (1) year from There is also an attempt to commit child
the effectivity of this Act, to protect children against (5) Giving monetary consideration prostitution, under paragraph (b) of Section 5
child prostitution and other sexual abuse; child goods or other pecuniary benefit to hereof when any person is receiving services from a
trafficking, obscene publications and indecent a child with intent to engage such child in a sauna parlor or bath, massage clinic,
shows; other acts of abuse; and circumstances child in prostitution. health club and other similar establishments. A
which endanger child survival and normal penalty lower by two (2) degrees than that
development. (b) Those who commit the act of sexual prescribed for the consummated felony under
intercourse of lascivious conduct with a Section 5 hereof shall be imposed upon the
ARTICLE III child exploited in prostitution or subject to principals of the attempt to commit the crime of
Child Prostitution and Other Sexual Abuse other sexual abuse; Provided, That when child prostitution under this Act, or, in the proper
the victims is under twelve (12) years of case, under the Revised Penal Code.
Section 5. Child Prostitution and Other Sexual age, the perpetrators shall be prosecuted
Abuse. – Children, whether male or female, who for under Article 335, paragraph 3, for rape and ARTICLE IV
money, profit, or any other consideration or due to Article 336 of Act No. 3815, as amended, Child Trafficking
Section 7. Child Trafficking. – Any person who shall ARTICLE V junior in any public or private place, hotel,
engage in trading and dealing with children Obscene Publications and Indecent Shows motel, beer joint, discotheque, cabaret,
including, but not limited to, the act of buying and pension house, sauna or massage parlor,
selling of a child for money, or for any other Section 9. Obscene Publications and Indecent beach and/or other tourist resort or similar
consideration, or barter, shall suffer the penalty of Shows. – Any person who shall hire, employ, use, places shall suffer the penalty of prision
reclusion temporal to reclusion perpetua. The persuade, induce or coerce a child to perform in mayor in its maximum period and a fine of
penalty shall be imposed in its maximum period obscene exhibitions and indecent shows, whether not less than Fifty thousand pesos
when the victim is under twelve (12) years of age. live or in video, or model in obscene publications or (P50,000): Provided, That this provision
pornographic materials or to sell or distribute the shall not apply to any person who is related
Section 8. Attempt to Commit Child Trafficking. – said materials shall suffer the penalty of prision within the fourth degree of consanguinity or
There is an attempt to commit child trafficking mayor in its medium period. affinity or any bond recognized by law, local
under Section 7 of this Act:1awphi1@alf custom and tradition or acts in the
If the child used as a performer, subject or performance of a social, moral or legal duty.
(a) When a child travels alone to a foreign seller/distributor is below twelve (12) years of age,
country without valid reason therefor and the penalty shall be imposed in its maximum period. (c) Any person who shall induce, deliver or
without clearance issued by the offer a minor to any one prohibited by this
Department of Social Welfare and Any ascendant, guardian, or person entrusted in any Act to keep or have in his company a minor
Development or written permit or capacity with the care of a child who shall cause as provided in the preceding paragraph shall
justification from the child's parents or legal and/or allow such child to be employed or to suffer the penalty of prision mayor in its
guardian; participate in an obscene play, scene, act, movie or medium period and a fine of not less than
show or in any other acts covered by this section Forty thousand pesos (P40,000); Provided,
(c) When a person, agency, establishment shall suffer the penalty of prision mayor in its however, That should the perpetrator be an
or child-caring institution recruits women or medium period. ascendant, stepparent or guardian of the
couples to bear children for the purpose of minor, the penalty to be imposed shall be
child trafficking; or ARTICLE VI prision mayor in its maximum period, a fine
Other Acts of Abuse of not less than Fifty thousand pesos
(d) When a doctor, hospital or clinic official (P50,000), and the loss of parental authority
or employee, nurse, midwife, local civil Section 10. Other Acts of Neglect, Abuse, Cruelty or over the minor.
registrar or any other person simulates birth Exploitation and Other Conditions Prejudicial to the
for the purpose of child trafficking; or Child's Development. – (d) Any person, owner, manager or one
entrusted with the operation of any public
(e) When a person engages in the act of (a) Any person who shall commit any other or private place of accommodation,
finding children among low-income families, acts of child abuse, cruelty or exploitation whether for occupancy, food, drink or
hospitals, clinics, nurseries, day-care or to be responsible for other conditions otherwise, including residential places, who
centers, or other child-during institutions prejudicial to the child's development allows any person to take along with him to
who can be offered for the purpose of child including those covered by Article 59 of such place or places any minor herein
trafficking. Presidential Decree No. 603, as amended, described shall be imposed a penalty of
but not covered by the Revised Penal Code, prision mayor in its medium period and a
A penalty lower two (2) degrees than that as amended, shall suffer the penalty of fine of not less than Fifty thousand pesos
prescribed for the consummated felony under prision mayor in its minimum period. (P50,000), and the loss of the license to
Section 7 hereof shall be imposed upon the operate such a place or establishment.
principals of the attempt to commit child trafficking (b) Any person who shall keep or have in his
under this Act. company a minor, twelve (12) years or
under or who in ten (10) years or more his
 (e) Any person who shall use, coerce, force Abuse. – All establishments and enterprises which guardian and where only members of the
or intimidate a street child or any other promote or facilitate child prostitution and other employer's family are employed: Provided,
child to; sexual abuse, child trafficking, obscene publications however, That his employment neither
and indecent shows, and other acts of abuse shall endangers his life, safety and health and
(1) Beg or use begging as a means of be immediately closed and their authority or license morals, nor impairs his normal
living; to operate cancelled, without prejudice to the development: Provided, further, That the
owner or manager thereof being prosecuted under parent or legal guardian shall provide the
(2) Act as conduit or middlemen in this Act and/or the Revised Penal Code, as said minor child with the prescribed primary
drug trafficking or pushing; or amended, or special laws. A sign with the words "off and/or secondary education; or
limits" shall be conspicuously displayed outside the
(3) Conduct any illegal activities, establishments or enterprises by the Department of (2) When a child's employment or
shall suffer the penalty of prision Social Welfare and Development for such period participation in public & entertainment or
correccional in its medium period to which shall not be less than one (1) year, as the information through cinema, theater, radio
reclusion perpetua. Department may determine. The unauthorized or television is essential: Provided, The
removal of such sign shall be punishable by prision employment contract concluded by the
For purposes of this Act, the penalty for the correccional. child's parent or guardian, with the express
commission of acts punishable under Articles 248, agreement of the child concerned, if
249, 262, paragraph 2, and 263, paragraph 1 of Act An establishment shall be deemed to promote or possible, and the approval of the
No. 3815, as amended, the Revised Penal Code, for facilitate child prostitution and other sexual abuse, Department of Labor and Employment:
the crimes of murder, homicide, other intentional child trafficking, obscene publications and indecent Provided, That the following requirements
mutilation, and serious physical injuries, shows, and other acts of abuse if the acts in all instances are strictly complied with:
respectively, shall be reclusion perpetua when the constituting the same occur in the premises of said
victim is under twelve (12) years of age. The penalty establishment under this Act or in violation of the (a) The employer shall ensure the
for the commission of acts punishable under Article Revised Penal Code, as amended. An enterprise protection, health, safety and morals of the
337, 339, 340 and 341 of Act No. 3815, as amended, such as a sauna, travel agency, or recruitment child;
the Revised Penal Code, for the crimes of qualified agency which: promotes the aforementioned acts as
seduction, acts of lasciviousness with the consent of part of a tour for foreign tourists; exhibits children (b) the employer shall institute measures to
the offended party, corruption of minors, and white in a lewd or indecent show; provides child masseurs prevent the child's exploitation or
slave trade, respectively, shall be one (1) degree for adults of the same or opposite sex and said discrimination taking into account the
higher than that imposed by law when the victim is services include any lascivious conduct with the system and level of remuneration, and the
under twelve (12) years age. customers; or solicits children or activities duration and arrangement of working time;
constituting the aforementioned acts shall be and;
The victim of the acts committed under this section deemed to have committed the acts penalized
shall be entrusted to the care of the Department of herein. (c) The employer shall formulate and
Social Welfare and Development. implement, subject to the approval and
ARTICLE VIII supervision of competent authorities, a
ARTICLE VII Working Children continuing program for training and skill
Sanctions for Establishments or Enterprises acquisition of the child.
Section 12. Employment of Children. – Children
Section 11. Sanctions of Establishments or below fifteen (15) years of age may be employed In the above exceptional cases where any such child
Enterprises which Promote, Facilitate, or Conduct except: may be employed, the employer shall first secure,
Activities Constituting Child Prostitution and Other before engaging such child, a work permit from the
Sexual Abuse, Child Trafficking, Obscene (1) When a child works directly under the Department of Labor and Employment which shall
Publications and Indecent Shows, and Other Acts of sole responsibility of his parents or legal ensure observance of the above requirement.
The Department of Labor Employment shall entitled to protection, survival and development Indigenous institution shall also be recognized and
promulgate rules and regulations necessary for the consistent with the customs and traditions of their respected.
effective implementation of this Section. respective communities.

Section 13. Non-formal Education for Working Section 18. System of and Access to Education. –
Children. – The Department of Education, Culture The Department of Education, Culture and Sports ARTICLE X
and Sports shall promulgate a course design under shall develop and institute an alternative system of Children in Situations of Armed Conflict
its non-formal education program aimed at education for children of indigenous cultural
promoting the intellectual, moral and vocational communities which culture-specific and relevant to Section 22. Children as Zones of Peace. – Children
efficiency of working children who have not the needs of and the existing situation in their are hereby declared as Zones of Peace. It shall be
undergone or finished elementary or secondary communities. The Department of Education, Culture the responsibility of the State and all other sectors
education. Such course design shall integrate the and Sports shall also accredit and support non- concerned to resolve armed conflicts in order to
learning process deemed most effective under given formal but functional indigenous educational promote the goal of children as zones of peace. To
circumstances. programs conducted by non-government attain this objective, the following policies shall be
organizations in said communities. observed.
Section 14. Prohibition on the Employment of
Children in Certain Advertisements. – No person Section 19. Health and Nutrition. – The delivery of (a) Children shall not be the object of attack
shall employ child models in all commercials or basic social services in health and nutrition to and shall be entitled to special respect. They
advertisements promoting alcoholic beverages, children of indigenous cultural communities shall be shall be protected from any form of threat,
intoxicating drinks, tobacco and its byproducts and given priority by all government agencies assault, torture or other cruel, inhumane or
violence. concerned. Hospitals and other health institution degrading treatment;
shall ensure that children of indigenous cultural
Section 15. Duty of Employer. – Every employer communities are given equal attention. In the (b) Children shall not be recruited to
shall comply with the duties provided for in Articles provision of health and nutrition services to children become members of the Armed Forces of
108 and 109 of Presidential Decree No. 603. of indigenous cultural communities, indigenous the Philippines of its civilian units or other
health practices shall be respected and recognized. armed groups, nor be allowed to take part
Section 16. Penalties. – Any person who shall in the fighting, or used as guides, couriers,
violate any provision of this Article shall suffer the Section 20. Discrimination. – Children of indigenous or spies;
penalty of a fine of not less than One thousand cultural communities shall not be subjected to any
pesos (P1,000) but not more than Ten thousand and all forms of discrimination. (c) Delivery of basic social services such as
pesos (P10,000) or imprisonment of not less than education, primary health and emergency
three (3) months but not more than three (3) years, Any person who discriminate against children of relief services shall be kept unhampered;
or both at the discretion of the court; Provided, indigenous cultural communities shall suffer a
That, in case of repeated violations of the provisions penalty of arresto mayor in its maximum period and (d) The safety and protection of those who
of this Article, the offender's license to operate shall a fine of not less than Five thousand pesos (P5,000) provide services including those involved in
be revoked. more than Ten thousand pesos (P10,000). fact-finding missions from both government
and non-government institutions shall be
ARTICLE IX Section 21. Participation. – Indigenous cultural ensured. They shall not be subjected to
Children of Indigenous Cultural Communities communities, through their duly-designated or undue harassment in the performance of
appointed representatives shall be involved in their work;
Section 17. Survival, Protection and planning, decision-making implementation, and
Development. – In addition to the rights guaranteed evaluation of all government programs affecting (e) Public infrastructure such as schools,
to children under this Act and other existing laws, children of indigenous cultural communities. hospitals and rural health units shall not be
children of indigenous cultural communities shall be
 utilized for military purposes such as (d) Release of the child on recognizance ARTICLE XI
command posts, barracks, detachments, within twenty-four (24) hours to the Remedial Procedures
and supply depots; and custody of the Department of Social
Welfare and Development or any Section 27. Who May File a Complaint. –
(f) All appropriate steps shall be taken to responsible member of the community as Complaints on cases of unlawful acts committed
facilitate the reunion of families temporarily determined by the court. against the children as enumerated herein may be
separated due to armed conflict. filed by the following:
If after hearing the evidence in the proper
Section 23. Evacuation of Children During Armed proceedings the court should find that the aforesaid (a) Offended party;
Conflict. – Children shall be given priority during child committed the acts charged against him, the
evacuation as a result of armed conflict. Existing court shall determine the imposable penalty, (b) Parents or guardians;
community organizations shall be tapped to look including any civil liability chargeable against him.
after the safety and well-being of children during However, instead of pronouncing judgment of (c) Ascendant or collateral relative within
evacuation operations. Measures shall be taken to conviction, the court shall suspend all further the third degree of
ensure that children evacuated are accompanied by proceedings and shall commit such child to the consanguinity;1awphi1@ITC
persons responsible for their safety and well-being. custody or care of the Department of Social Welfare
and Development or to any training institution (d) Officer, social worker or representative
Section 24. Family Life and Temporary Shelter. – operated by the Government, or duly-licensed of a licensed child-caring institution;
Whenever possible, members of the same family agencies or any other responsible person, until he
shall be housed in the same premises and given has had reached eighteen (18) years of age or, for a (e) Officer or social worker of the
separate accommodation from other evacuees and shorter period as the court may deem proper, after Department of Social Welfare and
provided with facilities to lead a normal family life. considering the reports and recommendations of Development;
In places of temporary shelter, expectant and the Department of Social Welfare and Development
nursing mothers and children shall be given or the agency or responsible individual under whose (f) Barangay chairman; or
additional food in proportion to their physiological care he has been committed.
needs. Whenever feasible, children shall be given (g) At least three (3) concerned responsible
opportunities for physical exercise, sports and The aforesaid child shall subject to visitation and citizens where the violation occurred.
outdoor games. supervision by a representative of the Department
of Social Welfare and Development or any duly- Section 28. Protective Custody of the Child. – The
Section 25. Rights of Children Arrested for Reasons licensed agency or such other officer as the court offended party shall be immediately placed under
Related to Armed Conflict. – Any child who has may designate subject to such conditions as it may the protective custody of the Department of Social
been arrested for reasons related to armed conflict, prescribe. Welfare and Development pursuant to Executive
either as combatant, courier, guide or spy is entitled Order No. 56, series of 1986. In the regular
to the following rights; The aforesaid child whose sentence is suspended performance of this function, the officer of the
can appeal from the order of the court in the same Department of Social Welfare and Development
(a) Separate detention from adults except manner as appeals in criminal cases. shall be free from any administrative, civil or
where families are accommodated as family criminal liability. Custody proceedings shall be in
units; Section 26. Monitoring and Reporting of Children accordance with the provisions of Presidential
in Situations of Armed Conflict. – The chairman of Decree No. 603.
(b) Immediate free legal assistance; the barangay affected by the armed conflict shall
submit the names of children residing in said Section 29. Confidentiality. – At the instance of the
(c) Immediate notice of such arrest to the barangay to the municipal social welfare and offended party, his name may be withheld from the
parents or guardians of the child; and development officer within twenty-four (24) hours
from the occurrence of the armed conflict.
public until the court acquires jurisdiction over the perpetrator is an ascendant, parent Such rules and regulations shall take effect upon
case. guardian, stepparent or collateral relative their publication in two (2) national newspapers of
within the second degree of consanguinity general circulation.
It shall be unlawful for any editor, publisher, and or affinity, or a manager or owner of an
reporter or columnist in case of printed materials, establishment which has no license to Section 33. Appropriations. – The amount
announcer or producer in case of television and operate or its license has expired or has necessary to carry out the provisions of this Act is
radio broadcasting, producer and director of the been revoked; hereby authorized to be appropriated in the
film in case of the movie industry, to cause undue General Appropriations Act of the year following its
and sensationalized publicity of any case of violation (d) When the offender is a foreigner, he enactment into law and thereafter.
of this Act which results in the moral degradation shall be deported immediately after service
and suffering of the offended party.Lawphi1@alf of sentence and forever barred from entry Section 34. Separability Clause. – If any provision of
to the country; this Act is declared invalid or unconstitutional, the
Section 30. Special Court Proceedings. – Cases remaining provisions not affected thereby shall
involving violations of this Act shall be heard in the (e) The penalty provided for in this Act shall continue in full force and effect.
chambers of the judge of the Regional Trial Court be imposed in its maximum period if the
duly designated as Juvenile and Domestic Court. offender is a public officer or employee: Section 35. Repealing Clause. – All laws, decrees, or
Provided, however, That if the penalty rules inconsistent with the provisions of this Acts
Any provision of existing law to the contrary imposed is reclusion perpetua or reclusion are hereby repealed or modified accordingly.
notwithstanding and with the exception of habeas temporal, then the penalty of perpetual or
corpus, election cases, and cases involving temporary absolute disqualification shall Section 36. Effectivity Clause. – This Act shall take
detention prisoners and persons covered by also be imposed: Provided, finally, That if effect upon completion of its publication in at least
Republic Act No. 4908, all courts shall give the penalty imposed is prision correccional two (2) national newspapers of general circulation.
preference to the hearing or disposition of cases or arresto mayor, the penalty of suspension
involving violations of this Act. shall also be imposed; and Republic Act No. 9231 December 19, 2003

ARTICLE XII (f) A fine to be determined by the court AN ACT PROVIDING FOR THE ELIMINATION OF THE
Common Penal Provisions shall be imposed and administered as a cash WORST FORMS OF CHILD LABOR AND AFFORDING
fund by the Department of Social Welfare STRONGER PROTECTION FOR THE WORKING
Section 31. Common Penal Provisions. – and Development and disbursed for the CHILD, AMENDING FOR THIS PURPOSE REPUBLIC
rehabilitation of each child victim, or any ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN
(a) The penalty provided under this Act shall immediate member of his family if the latter AS THE "SPECIAL PROTECTION OF CHILDREN
be imposed in its maximum period if the is the perpetrator of the offense. AGAINST CHILD ABUSE, EXPLOITATION AND
offender has been previously convicted DISCRIMINATION ACT"
under this Act; ARTICLE XIII
Final Provisions Be it enacted by the Senate and the House of
(b) When the offender is a corporation, Representatives of the Philippines in Congress
partnership or association, the officer or Section 32. Rules and Regulations. – Unless assembled:
employee thereof who is responsible for the otherwise provided in this Act, the Department of
violation of this Act shall suffer the penalty Justice, in coordination with the Department of Section 1. Section 2 of Republic Act No. 7610, as
imposed in its maximum period; Social Welfare and Development, shall promulgate amended, otherwise known as the "Special
rules and regulations of the effective Protection of Children Against Child Abuse,
(c) The penalty provided herein shall be implementation of this Act. Exploitation and Discrimination Act", is hereby
imposed in its maximum period when the amended to read as follows:
 "Sec. 2. Declaration of State Policy and "Sec. 2. Employment of Children - Children prevent the child's
Principles. - It is hereby declared to be the below fifteen (15) years of age shall not be exploitation or
policy of the State to provide special employed except: discrimination taking into
protection to children from all forms of account the system and
abuse, neglect, cruelty, exploitation and "1) When a child works directly level of remuneration, and
discrimination, and other conditions under the sole responsibility of the duration and
prejudicial to their development including his/her parents or legal guardian arrangement of working
child labor and its worst forms; provide and where only members of his/her time; and
sanctions for their commission and carry family are employed: Provided,
out a program for prevention and however, That his/her employment "(c) The employer shall
deterrence of and crisis intervention in neither endangers his/her life, formulate and implement,
situations of child abuse, exploitation and safety, health, and morals, nor subject to the approval and
discrimination. The State shall intervene on impairs his/her normal supervision of competent
behalf of the child when the parent, development: Provided, further, authorities, a continuing
guardian, teacher or person having care or That the parent or legal guardian program for training and
custody of the child fails or is unable to shall provide the said child with the skills acquisition of the
protect the child against abuse, exploitation prescribed primary and/or child.
and discrimination or when such acts secondary education; or
against the child are committed by the said "In the above-exceptional cases
parent, guardian, teacher or person having "2) Where a child's employment or where any such child may be
care and custody of the same. participation in public employed, the employer shall first
entertainment or information secure, before engaging such child,
"It shall be the policy of the State to protect through cinema, theater, radio, a work permit from the Department
and rehabilitate children gravely threatened television or other forms of media is of Labor and Employment which
or endangered by circumstances which essential: Provided, That the shall ensure observance of the
affect or will affect their survival and normal employment contract is concluded above requirements.
development and over which they have no by the child's parents or legal
control. guardian, with the express "For purposes of this Article, the
agreement of the child concerned, if term "child" shall apply to all
"The best interests of children shall be the possible, and the approval of the persons under eighteen (18) years
paramount consideration in all actions Department of Labor and of age."
concerning them, whether undertaken by Employment: Provided, further,
public or private social welfare institutions, That the following requirements in Section 3. The same Act, as amended, is hereby
courts of law, administrative authorities, all instances are strictly complied further amended by adding new sections to be
and legislative bodies, consistent with the with: denominated as Sections 12-A, 12-B, 12-C, and 12-D
principle of First Call for Children as to read as follows:
enunciated in the United Nations "(a) The employer shall
Convention on the Rights of the Child. Every ensure the protection, "Sec. 2-A. Hours of Work of a Working
effort shall be exerted to promote the health, safety, morals and Child. - Under the exceptions provided in
welfare of children and enhance their normal development of the Section 12 of this Act, as amended:
opportunities for a useful and happy life." child;
"(1) A child below fifteen (15) years of age
Section 2. Section 12 of the same Act, as amended, "(b) The employer shall may be allowed to work for not more than
is hereby further amended to read as follows: institute measures to twenty (20) hours a week: Provided, That
the work shall not be more than four (4) trust fund for at least thirty percent (30%) be harmful to the health, safety or
hours at any given day; of the earnings of the child whose wages morals of children, such that it:
and salaries from work and other income
"(2) A child fifteen (15) years of age but amount to at least two hundred thousand "a) Debases, degrades or
below eighteen (18) shall not be allowed to pesos (P200,000.00) annually, for which demeans the intrinsic worth
work for more than eight (8) hours a day, he/she shall render a semi-annual and dignity of a child as a
and in no case beyond forty (40) hours a accounting of the fund to the Department human being; or
week; of Labor and Employment, in compliance
with the provisions of this Act. The child "b) Exposes the child to
"(3) No child below fifteen (15) years of age shall have full control over the trust fund physical, emotional or
shall be allowed to work between eight upon reaching the age of majority. sexual abuse, or is found to
o'clock in the evening and six o'clock in the be highly stressful
morning of the following day and no child "Sec. 12-D. Prohibition Against Worst Forms psychologically or may
fifteen (15) years of age but below eighteen of Child Labor. - No child shall be engaged in prejudice morals; or
(18) shall be allowed to work between ten the worst forms of child labor. The phrase
o'clock in the evening and six o'clock in the "worst forms of child labor" shall refer to "c) Is performed
morning of the following day." any of the following: underground, underwater
or at dangerous heights; or
"Sec. 12-B. Ownership, Usage and "(1) All forms of slavery, as defined
Administration of the Working Child's under the "Anti-trafficking in "d) Involves the use of
Income. - The wages, salaries, earnings and Persons Act of 2003", or practices dangerous machinery,
other income of the working child shall similar to slavery such as sale and equipment and tools such
belong to him/her in ownership and shall be trafficking of children, debt as power-driven or
set aside primarily for his/her support, bondage and serfdom and forced or explosive power-actuated
education or skills acquisition and compulsory labor, including tools; or
secondarily to the collective needs of the recruitment of children for use in
family: Provided, That not more than twenty armed conflict; or "e) Exposes the child to
percent (20%) of the child's income may be physical danger such as, but
used for the collective needs of the family. "(2) The use, procuring, offering or not limited to the
exposing of a child for prostitution, dangerous feats of
"The income of the working child and/or the for the production of pornography balancing, physical strength
property acquired through the work of the or for pornographic performances; or contortion, or which
child shall be administered by both parents. or requires the manual
In the absence or incapacity of either of the transport of heavy loads; or
parents, the other parent shall administer "(3) The use, procuring or offering
the same. In case both parents are absent of a child for illegal or illicit "f) Is performed in an
or incapacitated, the order of preference on activities, including the production unhealthy environment
parental authority as provided for under the and trafficking of dangerous drugs exposing the child to
Family Code shall apply. and volatile substances prohibited hazardous working
under existing laws; or conditions, elements,
"Sec. 12-C. Trust Fund to Preserve Part of substances, co-agents or
the Working Child's Income. - The parent or "(4) Work which, by its nature or processes involving ionizing,
legal guardian of a working child below the circumstances in which it is radiation, fire, flammable
eighteen (18) years of age shall set up a carried out, is hazardous or likely to substances, noxious
 components and the like, or and relevant alternative education of the hazardous work, shall suffer the penalty of a
to extreme temperatures, working child. fine of not less than One hundred thousand
noise levels, or vibrations; pesos (P100,000.00) but not more than One
or "c) The DEPED shall promulgate a course million pesos (P1,000,000.00), or
design under its non-formal education imprisonment of not less than twelve (12)
"g) Is performed under program aimed at promoting the years and one (1) day to twenty (20) years,
particularly difficult intellectual, moral and vocational efficiency or both such fine and imprisonment at the
conditions; or of working children who have not discretion of the court.
undergone or finished elementary or
"h) Exposes the child to secondary education. Such course design "c) Any person who violates Sections 12-
biological agents such as shall integrate the learning process deemed D(1) and 12-D(2) shall be prosecuted and
bacteria, fungi, viruses, most effective under given circumstances." penalized in accordance with the penalty
protozoans, nematodes and provided for by R. A. 9208 otherwise known
other parasites; or Section 5. Section 14 of the same Act is hereby as the "Anti-trafficking in Persons Act of
amended to read as follows: 2003": Provided, That Such penalty shall be
"i) Involves the imposed in its maximum period.
manufacture or handling of "Sec. 14. Prohibition on the Employment of
explosives and other Children in Certain Advertisements. - No "d) Any person who violates Section 12-D
pyrotechnic products." child shall be employed as a model in any (3) shall be prosecuted and penalized in
advertisement directly or indirectly accordance with R.A. 9165, otherwise
Section 4. Section 13 of the same Act is hereby promoting alcoholic beverages, intoxicating known as the "Comprehensive Dangerous
amended to read as follows: drinks, tobacco and its byproducts, Drugs Act of 2002"; Provided, That such
gambling or any form of violence or penalty shall be imposed in its maximum
"Sec. 13. Access to Education and Training pornography." period.
for Working Children - "a) No child shall be
deprived of formal or non-formal education. Section 6. Section 16 of the same Act, is hereby "e) If a corporation commits any of the
In all cases of employment allowed in this amended to read as follows: violations aforecited, the board of
Act, the employer shall provide a working directors/trustees and officers, which
child with access to at least primary and "Sec. 16. Penal Provisions - include the president, treasurer and
secondary education. secretary of the said corporation who
"a) Any employer who violates Sections 12, participated in or knowingly allowed the
"b) To ensure and guarantee the access of 12-A, and Section 14 of this act, as violation, shall be penalized accordingly as
the working child to education and training, amended, shall be penalized by provided for under this Section.
the Department of Education (DEPED) shall: imprisonment of six (6) months and one (1)
(1) formulate, promulgate, and implement day to six (6) years or a fine of not less than "f) Parents, biological or by legal fiction, and
relevant and effective course designs and Fifty thousand pesos (P50,000.00) but not legal guardians found to be violating
educational programs; (2) conduct the more than Three hundred thousand pesos Sections 12, 12-A, 12-B and 12-C of this Act
necessary training for the implementation (P300,000.00) or both at the discretion of shall pay a fine of not less than Ten
of the appropriate curriculum for the the court. thousand pesos (P10,000.00) but not more
purpose; (3) ensure the availability of the than One hundred thousand pesos
needed educational facilities and materials; "b) Any person who violates the provision of (P100,000.00), or be required to render
and (4) conduct continuing research and Section 12-D of this act or the employer of community service for not less than thirty
development program for the necessary the subcontractor who employs, or the one (30) days but not more than one (1) year, or
who facilitates the employment of a child in both such fine and community service at
 the discretion of the court: Provided, That "Sec. 16-A. Trust Fund from Fines and "(g) At least three (3) concerned,
the maximum length of community service Penalties - The fine imposed by the court responsible citizens where the
shall be imposed on parents or legal shall be treated as a Trust Fund, violation occurred."
guardians who have violated the provisions administered by the Department of Labor
of this Act three (3) times; Provided, further, and Employment and disbursed exclusively Section 9. The same Act is hereby further amended
That in addition to the community service, for the needs, including the costs of by adding new sections to Section 16 to be
the penalty of imprisonment of thirty (30) rehabilitation and reintegration into the denominated as Sections 16-A, 16-B and 16-C to
days but not more than one (1) year or both mainstream of society of the working read as follows:
at the discretion of the court, shall be children who are victims of the violations of
imposed on the parents or legal guardians this Act, and for the programs and projects "Sec. 16-A. Jurisdiction - The family courts
who have violated the provisions of this Act that will prevent acts of child labor." shall have original jurisdiction over all cases
more than three (3) times. involving offenses punishable under this
Section 8. Section 27 of the same Act is hereby Act: Provided, That in cities or provinces
"g) The Secretary, of Labor and Employment amended to read as follows: where there are no family courts yet, the
or his/her duly authorized representative regional trial courts and the municipal trial
may, after due notice and hearing, order "Sec. 27. Who May File a Complaint - courts shall have concurrent jurisdiction
the closure of any business firm or Complaints on cases of unlawful acts depending on the penalties prescribed for
establishment found to have violated any of committed against children as enumerated the offense charged.
the provisions of this Act more than three herein may be filed by the following:
(3) times. He/she shall likewise order the "The preliminary investigation of cases filed
immediate closure of such firm or "(a) Offended party; under this Act shall be terminated within a
establishment if: period of thirty (30) days from the date of
"(b) Parents or guardians; filing.
"(1) The violation of any provision
of this Act has resulted in the death, "(c) Ascendant or collateral relative "If the preliminary investigation establishes
insanity or serious physical injury of within the third degree of a prima facie case, then the corresponding
a child employed in such consanguinity; information shall be filed in court within
establishment; or forty eight (48) hours from the termination
"(d) Officer, social worker or of the investigation.
"(2) Such firm or establishment is representative of a licensed child-
engaged or employed in caring institution; "Trial of cases under this Act shall be
prostitution or in obscene or lewd terminated by the court not later than
shows. "(e) Officer or social worker of the ninety (90) days from the date of filing of
Department of Social Welfare and information. Decision on said cases shall be
"h) In case of such closure, the employer Development; rendered within a period of fifteen (15) days
shall be required to pay the employee(s) the from the date of submission of the case.
separation pay and other monetary benefits "(f) Barangay chairman of the place
provided for by law." where the violation occurred, "Sec. 15. Exemptions from Filing Fees. -
where the child is residing or When the victim of child labor institutes a
Section 7. The same Act is hereby further amended employed; or separate civil action for the recovery of civil
by adding a new section to be denominated as damages, he/she shall be exempt from
Section 16-A, to read as follows: payment of filing fees.
 "Sec. 16-C. Access to Immediate Legal, Be it enacted by the Senate and the House of coercion, abduction, fraud, deception,
Medical and Psycho-Social Services - The Representatives of the Philippines in Congress abuse of power or of position, taking
working child shall have the right to free assembled: advantage of the vulnerability of the
legal, medical and psycho-social services to person, or, the giving or receiving of
be provided by the State." Section 1. Title. This Act shall be known as payments or benefits to achieve the
the "Anti-Trafficking in Persons Act of 2003". consent of a person having control over
Section 10. Implementing Rules and Regulations - another person for the purpose of
The Secretary of Labor and Employment, in Section 2. Declaration of Policy. – It is hereby exploitation which includes at a minimum,
coordination with the Committees on Labor and declared that the State values the dignity of every the exploitation or the prostitution of
Employment of both Houses of Congress, shall issue human person and guarantees the respect of others or other forms of sexual exploitation,
the necessary Implementing Rules and Regulations individual rights. In pursuit of this policy, the State forced labor or services, slavery, servitude
(IRR) to effectively implement the provisions of this shall give highest priority to the enactment of or the removal or sale of organs.
Act, in consultation with concerned public and measures and development of programs that will
private sectors, within sixty (60) days from the promote human dignity, protect the people from The recruitment, transportation, transfer,
effectivity of this Act. any threat of violence and exploitation, eliminate harboring or receipt of a child for the
trafficking in persons, and mitigate pressures for purpose of exploitation shall also be
Such rules and regulations shall take effect involuntary migration and servitude of persons, not considered as "trafficking in persons" even
upon their publication in two (2) national only to support trafficked persons but more if it does not involve any of the means set
newspapers of general circulation. importantly, to ensure their recovery, rehabilitation forth in the preceding paragraph.
and reintegration into the mainstream of society.
Section 11. Separability Clause. - If any provision of (b) Child - refers to a person below eighteen
this Act is declared invalid or unconstitutional, the It shall be a State policy to recognize the equal (18) years of age or one who is over
validity of the remaining provisions hereof shall rights and inherent human dignity of women and eighteen (18) but is unable to fully take care
remain in full force and effect. men as enshrined in the United Nations Universal of or protect himself/herself from abuse,
Declaration on Human Rights, United Nations neglect, cruelty, exploitation, or
Section 12. Repealing Clause. - All laws, decrees, or Convention on the Rights of the Child, United discrimination because of a physical or
rules inconsistent with the provisions of this Act are Nations Convention on the Protection of Migrant mental disability or condition.
hereby repealed or modified accordingly. Workers and their Families. United Nations
Convention Against Transnational Organized Crime (c) Prostitution - refers to any act,
Section 13. Effectivity. - This Act shall take effect Including its Protocol to Prevent, Suppress and transaction, scheme or design involving the
fifteen (15) days from the date of its complete Punish Trafficking in Persons, Especially Women and use of a person by another, for sexual
publication in the Official Gazette or in at least two Children and all other relevant and universally intercourse or lascivious conduct in
(2) national newspapers of general circulation. accepted human rights instruments and other exchange for money, profit or any other
international conventions to which the Philippines is consideration.
Republic Act No. 9208 May 26, 2003 a signatory.
(d) Forced Labor and Slavery - refer to the
AN ACT TO INSTITUTE POLICIES TO ELIMINATE Section 3. Definition of Terms. - As used in this Act: extraction of work or services from any
TRAFFICKING IN PERSONS ESPECIALLY WOMEN person by means of enticement, violence,
AND CHILDREN, ESTABLISHING THE NECESSARY (a) Trafficking in Persons - refers to the intimidation or threat, use of force or
INSTITUTIONAL MECHANISMS FOR THE recruitment, transportation, transfer or coercion, including deprivation of freedom,
PROTECTION AND SUPPORT OF TRAFFICKED harboring, or receipt of persons with or abuse of authority or moral ascendancy,
PERSONS, PROVIDING PENALTIES FOR ITS without the victim's consent or knowledge, debt-bondage or deception.
VIOLATIONS, AND FOR OTHER within or across national borders by means
of threat or use of force, or other forms of
 (e) Sex Tourism - refers to a program (a) To recruit, transport, transfer; harbor, of force, fraud, deceit, violence, coercion, or
organized by travel and tourism-related provide, or receive a person by any means, intimidation for the purpose of removal or
establishments and individuals which including those done under the pretext of sale of organs of said person; and
consists of tourism packages or activities, domestic or overseas employment or
utilizing and offering escort and sexual training or apprenticeship, for the purpose (h) To recruit, transport or adopt a child to
services as enticement for tourists. This of prostitution, pornography, sexual engage in armed activities in the Philippines
includes sexual services and practices exploitation, forced labor, slavery, or abroad.
offered during rest and recreation periods involuntary servitude or debt bondage;
for members of the military. Section 5. Acts that Promote Trafficking in Persons. -
(b) To introduce or match for money, profit, The following acts which promote or facilitate
(f) Sexual Exploitation - refers to or material, economic or other trafficking in persons, shall be unlawful:
participation by a person in prostitution or consideration, any person or, as provided
the production of pornographic materials as for under Republic Act No. 6955, any (a) To knowingly lease or sublease, use or
a result of being subjected to a threat, Filipino woman to a foreign national, for allow to be used any house, building or
deception, coercion, abduction, force, marriage for the purpose of acquiring, establishment for the purpose of promoting
abuse of authority, debt bondage, fraud or buying, offering, selling or trading him/her trafficking in persons;
through abuse of a victim's vulnerability. to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, (b) To produce, print and issue or distribute
(g) Debt Bondage - refers to the pledging by involuntary servitude or debt bondage; unissued, tampered or fake counseling
the debtor of his/her personal services or certificates, registration stickers and
labor or those of a person under his/her (c) To offer or contract marriage, real or certificates of any government agency
control as security or payment for a debt, simulated, for the purpose of acquiring, which issues these certificates and stickers
when the length and nature of services is buying, offering, selling, or trading them to as proof of compliance with government
not clearly defined or when the value of the engage in prostitution, pornography, sexual regulatory and pre-departure requirements
services as reasonably assessed is not exploitation, forced labor or slavery, for the purpose of promoting trafficking in
applied toward the liquidation of the debt. involuntary servitude or debt bondage; persons;

(h) Pornography - refers to any (d) To undertake or organize tours and (c) To advertise, publish, print, broadcast or
representation, through publication, travel plans consisting of tourism packages distribute, or cause the advertisement,
exhibition, cinematography, indecent or activities for the purpose of utilizing and publication, printing, broadcasting or
shows, information technology, or by offering persons for prostitution, distribution by any means, including the use
whatever means, of a person engaged in pornography or sexual exploitation; of information technology and the internet,
real or simulated explicit sexual activities or of any brochure, flyer, or any propaganda
any representation of the sexual parts of a (e) To maintain or hire a person to engage material that promotes trafficking in
person for primarily sexual purposes. in prostitution or pornography; persons;

(i) Council - shall mean the Inter-Agency (f) To adopt or facilitate the adoption of (d) To assist in the conduct of
Council Against Trafficking created under persons for the purpose of prostitution, misrepresentation or fraud for purposes of
Section 20 of this Act. pornography, sexual exploitation, forced facilitating the acquisition of clearances and
labor, slavery, involuntary servitude or debt necessary exit documents from government
Section 4. Acts of Trafficking in Persons. - It shall be bondage; agencies that are mandated to provide pre-
unlawful for any person, natural or juridical, to departure registration and services for
commit any of the following acts: (g) To recruit, hire, adopt, transport or departing persons for the purpose of
abduct a person, by means of threat or use promoting trafficking in persons;
 (e) To facilitate, assist or help in the exit and (d) When the offender is an ascendant, film in case of the movie industry, or any person
entry of persons from/to the country at parent, sibling, guardian or a person who utilizing tri-media facilities or information
international and local airports, territorial exercises authority over the trafficked technology to cause publicity of any case of
boundaries and seaports who are in person or when the offense is committed by trafficking in persons.
possession of unissued, tampered or a public officer or employee;
fraudulent travel documents for the Section 8. Prosecution of Cases. - Any person who
purpose of promoting trafficking in persons; (e) When the trafficked person is recruited has personal knowledge of the commission of any
to engage in prostitution with any member offense under this Act, the trafficked person, the
(f) To confiscate, conceal, or destroy the of the military or law enforcement agencies; parents, spouse, siblings, children or legal guardian
passport, travel documents, or personal may file a complaint for trafficking.
documents or belongings of trafficked (f) When the offender is a member of the
persons in furtherance of trafficking or to military or law enforcement agencies; and Section 9. Venue. - A criminal action arising from
prevent them from leaving the country or violation of this Act shall be filed where the offense
seeking redress from the government or (g) When by reason or on occasion of the was committed, or where any of its elements
appropriate agencies; and act of trafficking in persons, the offended occurred, or where the trafficked person actually
party dies, becomes insane, suffers resides at the time of the commission of the
(g) To knowingly benefit from, financial or mutilation or is afflicted with Human offense: Provided, That the court where the criminal
otherwise, or make use of, the labor or Immunodeficiency Virus (HIV) or the action is first filed shall acquire jurisdiction to the
services of a person held to a condition of Acquired Immune Deficiency Syndrome exclusion of other courts.
involuntary servitude, forced labor, or (AIDS).
slavery. Section 10. Penalties and Sanctions. - The following
Section 6. Confidentiality. - At any stage of the penalties and sanctions are hereby established for
Section 6. Qualified Trafficking in Persons. - The investigation, prosecution and trial of an offense the offenses enumerated in this Act:
following are considered as qualified trafficking: under this Act, law enforcement officers,
prosecutors, judges, court personnel and medical (a) Any person found guilty of committing
(a) When the trafficked person is a child; practitioners, as well as parties to the case, shall any of the acts enumerated in Section 4
recognize the right to privacy of the trafficked shall suffer the penalty of imprisonment of
(b) When the adoption is effected through person and the accused. Towards this end, law twenty (20) years and a fine of not less than
Republic Act No. 8043, otherwise known as enforcement officers, prosecutors and judges to One million pesos (P1,000,000.00) but not
the "Inter-Country Adoption Act of 1995" whom the complaint has been referred may, more than Two million pesos
and said adoption is for the purpose of whenever necessary to ensure a fair and impartial (P2,000,000.00);
prostitution, pornography, sexual proceeding, and after considering all circumstances
exploitation, forced labor, slavery, for the best interest of the parties, order a closed- (b) Any person found guilty of committing
involuntary servitude or debt bondage; door investigation, prosecution or trial. The name any of the acts enumerated in Section 5
and personal circumstances of the trafficked person shall suffer the penalty of imprisonment of
(c) When the crime is committed by a or of the accused, or any other information tending fifteen (15) years and a fine of not less than
syndicate, or in large scale. Trafficking is to establish their identities and such circumstances Five hundred thousand pesos (P500,000.00)
deemed committed by a syndicate if carried or information shall not be disclosed to the public. but not more than One million pesos
out by a group of three (3) or more persons (P1,000,000.00);
conspiring or confederating with one In cases when prosecution or trial is conducted
another. It is deemed committed in large behind closed-doors, it shall be unlawful for any (c) Any person found guilty of qualified
scale if committed against three (3) or more editor, publisher, and reporter or columnist in case trafficking under Section 6 shall suffer the
persons, individually or as a group; of printed materials, announcer or producer in case penalty of life imprisonment and a fine of
of television and radio, producer and director of a not less than Two million pesos
(P2,000,000.00) but not more than Five groups, who fail to observe the prescribed such proceedings terminate without the accused
million pesos (P5,000,000.00); procedures and the requirement as being convicted or acquitted or are unjustifiably
provided for by laws, rules and regulations, stopped for any reason not imputable to the
(d) Any person who violates Section 7 shall be held administratively liable, without accused.
hereof shall suffer the penalty of prejudice to criminal liability under this Act.
imprisonment of six (6) years and a fine of The concerned government official or Section 13. Exemption from Filing Fees. - When the
not less than Five hundred thousand pesos employee shall, upon conviction, be trafficked person institutes a separate civil action
(P500,000.00) but not more than One dismissed from the service and be barred for the recovery of civil damages, he/she shall be
million pesos (P1,000,000.00); permanently to hold public office. His/her exempt from the payment of filing fees.
retirement and other benefits shall likewise
(e) If the offender is a corporation, be forfeited; and Section 14. Confiscation and Forfeiture of the
partnership, association, club, Proceeds and Instruments Derived from Trafficking
establishment or any juridical person, the (i) Conviction by final judgment of the in Persons. - In addition to the penalty imposed for
penalty shall be imposed upon the owner, adopter for any offense under this Act shall the violation of this Act, the court shall order the
president, partner, manager, and/or any result in the immediate rescission of the confiscation and forfeiture, in favor of the
responsible officer who participated in the decree of adoption. government, of all the proceeds and properties
commission of the crime or who shall have derived from the commission of the crime, unless
knowingly permitted or failed to prevent its Section 11. Use of Trafficked Persons. - Any person they are the property of a third person not liable for
commission; who buys or engages the services of trafficked the unlawful act; Provided, however, That all awards
persons for prostitution shall be penalized as for damages shall be taken from the personal and
(f) The registration with the Securities and follows: separate properties of the offender; Provided,
Exchange Commission (SEC) and license to further, That if such properties are insufficient, the
operate of the erring agency, corporation, (a) First offense - six (6) months of balance shall be taken from the confiscated and
association, religious group, tour or travel community service as may be determined forfeited properties.
agent, club or establishment, or any place of by the court and a fine of Fifty thousand
entertainment shall be cancelled and pesos (P50,000.00); and When the proceeds, properties and instruments of
revoked permanently. The owner, the offense have been destroyed, diminished in
president, partner or manager thereof shall (b) Second and subsequent offenses - value or otherwise rendered worthless by any act or
not be allowed to operate similar imprisonment of one (1) year and a fine of omission, directly or indirectly, of the offender, or it
establishments in a different name; One hundred thousand pesos has been concealed, removed, converted or
(P100,000.00). transferred to prevent the same from being found
(g) If the offender is a foreigner, he shall be or to avoid forfeiture or confiscation, the offender
immediately deported after serving his Section 12. Prescriptive Period. - Trafficking cases shall be ordered to pay the amount equal to the
sentence and be barred permanently from under this Act shall prescribe in ten (10) value of the proceeds, property or instruments of
entering the country; years: Provided, however, That trafficking cases the offense.
committed by a syndicate or in a large scale as
(h) Any employee or official of government defined under Section 6 shall prescribe in twenty Section 15. Trust Fund. - All fines imposed under
agencies who shall issue or approve the (20) years. this Act and the proceeds and properties forfeited
issuance of travel exit clearances, passports, and confiscated pursuant to Section 14 hereof shall
registration certificates, counseling The prescriptive period shall commence to run from accrue to a Trust Fund to be administered and
certificates, marriage license, and other the day on which the trafficked person is delivered managed by the Council to be used exclusively for
similar documents to persons, whether or released from the conditions of bondage and programs that will prevent acts of trafficking and
juridical or natural, recruitment agencies, shall be interrupted by the filing of the complaint or protect, rehabilitate, reintegrate trafficked persons
establishments or other individuals or information and shall commence to run again when
into the mainstream of society. Such programs shall The DFA shall take necessary measures for (e) National Commission on the Role of
include, but not limited to, the following: the efficient implementation of the Filipino Women (NCRFW) - shall actively
Machine Readable Passports to protect the participate and coordinate in the
(a) Provision for mandatory services set integrity of Philippine passports, visas and formulation and monitoring of policies
forth in Section 23 of this Act; other travel documents to reduce the addressing the issue of trafficking in persons
incidence of trafficking through the use of in coordination with relevant government
(b) Sponsorship of a national research fraudulent identification documents. agencies. It shall likewise advocate for the
program on trafficking and establishment of inclusion of the issue of trafficking in
a data collection system for monitoring and It shall establish and implement a pre- persons in both its local and international
evaluation purposes; marriage, on-site and pre-departure advocacy for women's issues.
counseling program on intermarriages.
(c) Provision of necessary technical and (f) Bureau of Immigration (BI) - shall strictly
material support services to appropriate (b) Department of Social Welfare and administer and enforce immigration and
government agencies and non-government Development (DSWD) - shall implement alien administration laws. It shall adopt
organizations (NGOs); rehabilitative and protective programs for measures for the apprehension of
trafficked persons. It shall provide suspected traffickers both at the place of
(d) Sponsorship of conferences and counseling and temporary shelter to arrival and departure and shall ensure
seminars to provide venue for consensus trafficked persons and develop a system for compliance by the Filipino fiancés/fiancées
building amongst the public, the academe, accreditation among NGOs for purposes of and spouses of foreign nationals with the
government, NGOs and international establishing centers and programs for guidance and counseling requirement as
organizations; and intervention in various levels of the provided for in this Act.
community.
(e) Promotion of information and education (g) Philippine National Police (PNP) - shall be
campaign on trafficking. (c) Department of Labor and Employment the primary law enforcement agency to
(DOLE) - shall ensure the strict undertake surveillance, investigation and
Section 16. Programs that Address Trafficking in implementation and compliance with the arrest of individuals or persons suspected to
Persons. - The government shall establish and rules and guidelines relative to the be engaged in trafficking. It shall closely
implement preventive, protective and rehabilitative employment of persons locally and coordinate with various law enforcement
programs for trafficked persons. For this purpose, overseas. It shall likewise monitor, agencies to secure concerted efforts for
the following agencies are hereby mandated to document and report cases of trafficking in effective investigation and apprehension of
implement the following programs; persons involving employers and labor suspected traffickers. It shall also establish a
recruiters. system to receive complaints and calls to
(a) Department of Foreign Affairs (DFA) - assist trafficked persons and conduct rescue
shall make available its resources and (d) Department of Justice (DOJ) - shall operations.
facilities overseas for trafficked persons ensure the prosecution of persons accused
regardless of their manner of entry to the of trafficking and designate and train special (h) Philippine Overseas Employment
receiving country, and explore means to prosecutors who shall handle and prosecute Administration (POEA) - shall implement an
further enhance its assistance in eliminating cases of trafficking. It shall also establish a effective pre-employment orientation
trafficking activities through closer mechanism for free legal assistance for seminars and pre-departure counseling
networking with government agencies in trafficked persons, in coordination with the programs to applicants for overseas
the country and overseas, particularly in the DSWD, Integrated Bar of the Philippines employment. It shall likewise formulate a
formulation of policies and implementation (IBP) and other NGOs and volunteer groups. system of providing free legal assistance to
of relevant programs. trafficked persons.
 (i) Department of the Interior and Local Republic Act No. 6981 to the contrary sectors representing women, overseas
Government (DILG) - shall institute a notwithstanding, any trafficked person shall be Filipino workers (OFWs) and children, with a
systematic information and prevention entitled to the witness protection program provided proven record of involvement in the
campaign and likewise maintain a databank therein. prevention and suppression of trafficking in
for the effective monitoring, documentation persons. These representatives shall be
and prosecution of cases on trafficking in Section 19. Trafficked Persons Who are Foreign nominated by the government agency
persons. Nationals. - Subject to the guidelines issued by the representatives of the Council, for
Council, trafficked persons in the Philippines who appointment by the President for a term of
(j) Local government units (LGUs) - shall are nationals of a foreign country shall also be three (3) years.
monitor and document cases of trafficking entitled to appropriate protection, assistance and
in persons in their areas of jurisdiction, services available to trafficked persons under this The members of the Council may designate
effect the cancellation of licenses of Act: Provided, That they shall be permitted their permanent representatives who shall
establishments which violate the provisions continued presence in the Philippines for a length of have a rank not lower than an assistant
of this Act and ensure effective prosecution time prescribed by the Council as necessary to secretary or its equivalent to meetings, and
of such cases. They shall also undertake an effect the prosecution of offenders. shall receive emoluments as may be
information campaign against trafficking in determined by the Council in accordance
persons through the establishment of the Section 20. Inter-Agency Council Against Trafficking. with existing budget and accounting, rules
Migrants Advisory and Information Network - There is hereby established an Inter-Agency and regulations.
(MAIN) desks in municipalities or provinces Council Against Trafficking, to be composed of the
in coordination with DILG, Philippine Secretary of the Department of Justice as Section 21. Functions of the Council. - The Council
Information Agency (PIA), Commission on Chairperson and the Secretary of the Department of shall have the following powers and functions:
Filipinos Overseas (CFO), NGOs and other Social Welfare and Development as Co-Chairperson
concerned agencies. They shall encourage and shall have the following as members: (a) Formulate a comprehensive and
and support community based initiatives integrated program to prevent and suppress
which address the trafficking in persons. (a) Secretary, Department of Foreign Affairs; the trafficking in persons;

In implementing this Act, the agencies (b) Secretary, Department of Labor and (b) Promulgate rules and regulations as may
concerned may seek and enlist the Employment; be necessary for the effective
assistance of NGOs, people's organizations implementation of this Act;
(Pos), civic organizations and other (c) Administrator, Philippine Overseas
volunteer groups. Employment Administration; (c) Monitor and oversee the strict
implementation of this Act;
Section 17. Legal Protection to Trafficked Persons. - (d) Commissioner, Bureau of Immigration;
Trafficked persons shall be recognized as victims of (d) Coordinate the programs and projects of
the act or acts of trafficking and as such shall not be (e) Director-General, Philippine National the various member agencies to effectively
penalized for crimes directly related to the acts of Police; address the issues and problems attendant
trafficking enumerated in this Act or in obedience to to trafficking in persons;
the order made by the trafficker in relation thereto. (f) Chairperson, National Commission on the
In this regard, the consent of a trafficked person to Role of Filipino Women; and (e) Coordinate the conduct of massive
the intended exploitation set forth in this Act shall information dissemination and campaign on
be irrelevant. (g) Three (3) representatives from NGOs, the existence of the law and the various
who shall be composed of one (1) issues and problems attendant to trafficking
Section 18. Preferential Entitlement Under the representative each from among the through the LGUs, concerned agencies, and
Witness Protection Program. - Any provision of NGOs;
(f) Direct other agencies to immediately prevent and suppress international remedies available to them, in a language
respond to the problems brought to their trafficking in persons; understood by the trafficked person;
attention and report to the Council on
action taken; (m) Coordinate with the Department of (d) Medical or psychological services;
Transportation and Communications
(g) Assist in filing of cases against (DOTC), Department of Trade and Industry (e) Livelihood and skills training; and
individuals, agencies, institutions or (DTI), and other NGOs in monitoring the
establishments that violate the provisions of promotion of advertisement of trafficking in (f) Educational assistance to a trafficked
this Act; the internet; child.

(h) Formulate a program for the (n) Adopt measures and policies to protect Sustained supervision and follow through
reintegration of trafficked persons in the rights and needs of trafficked persons mechanism that will track the progress of recovery,
cooperation with DOLE, DSWD, Technical who are foreign nationals in the Philippines; rehabilitation and reintegration of the trafficked
Education and Skills Development Authority persons shall be adopted and carried out.
(TESDA), Commission on Higher Education (o) Initiate training programs in identifying
(CHED), LGUs and NGOs; and providing the necessary intervention or Section 24. Other Services for Trafficked Persons. -
assistance to trafficked persons; and
(i) Secure from any department, bureau, (a) Legal Assistance. - Trafficked persons
office, agency, or instrumentality of the (p) Exercise all the powers and perform shall be considered under the category
government or from NGOs and other civic such other functions necessary to attain the "Overseas Filipino in Distress" and may avail
organizations such assistance as may be purposes and objectives of this Act. of the legal assistance created by Republic
needed to effectively implement this Act; Act No. 8042, subject to the guidelines as
Section 22. Secretariat to the Council. - The provided by law.
(j) Complement the shared government Department of Justice shall establish the necessary
information system for migration Secretariat for the Council. (b) Overseas Filipino Resource Centers. - The
established under Republic Act No. 8042, services available to overseas Filipinos as
otherwise known as the "Migrant Workers Section 23. Mandatory Services to Trafficked provided for by Republic Act No. 8042 shall
and Overseas Filipinos Act of 1995" with Persons. - To ensure recovery, rehabilitation and also be extended to trafficked persons
data on cases of trafficking in persons, and reintegration into the mainstream of society, regardless of their immigration status in the
ensure that the proper agencies conduct a concerned government agencies shall make host country.
continuing research and study on the available the following services to trafficked
patterns and scheme of trafficking in persons: (c) The Country Team Approach. - The
persons which shall form the basis for policy country team approach under Executive
formulation and program direction; (a) Emergency shelter or appropriate Order No. 74 of 1993, shall be the
housing; operational scheme under which Philippine
(k) Develop the mechanism to ensure the embassies abroad shall provide protection
timely, coordinated, and effective response (b) Counseling; to trafficked persons insofar as the
to cases of trafficking in persons; promotion of their welfare, dignity and
(c) Free legal services which shall include fundamental rights are concerned.
(l) Recommend measures to enhance information about the victims' rights and
cooperative efforts and mutual assistance the procedure for filing complaints, claiming Section 25. Repatriation of Trafficked Persons. - The
among foreign countries through bilateral compensation and such other legal DFA, in coordination with DOLE and other
and/or multilateral arrangements to appropriate agencies, shall have the primary
responsibility for the repatriation of trafficked unconstitutional or invalid, the other sections or respect of individual rights. In pursuit of this
persons, regardless of whether they are provisions hereof shall not be affected thereby. policy, the State shall give highest priority to
documented or undocumented. the enactment of measures and
Section 32. Repealing clause. - All laws, presidential development of programs that will promote
If, however, the repatriation of the trafficked decrees, executive orders and rules and regulations, human dignity, protect the people from any
persons shall expose the victims to greater risks, the or parts thereof, inconsistent with the provisions of threat of violence and exploitation,
DFA shall make representation with the host this Act are hereby repealed or modified eliminate trafficking in persons, and
government for the extension of appropriate accordingly: Provided, That this Act shall not in any mitigate pressures for involuntary migration
residency permits and protection, as may be legally way amend or repeal the provision of Republic Act and servitude of persons, not only to
permissible in the host country. No. 7610, otherwise known as the "Special support trafficked persons but more
Protection of Children Against Child Abuse, importantly, to ensure their recovery,
Section 26. Extradition. - The DOJ, in consultation Exploitation and Discrimination Act". rehabilitation and reintegration into the
with DFA, shall endeavor to include offenses of mainstream of society.
trafficking in persons among extraditable offenses. Section 33. Effectivity. - This Act shall take effect
fifteen (15) days from the date of its complete "It shall be a State policy to recognize the
Section 27. Reporting Requirements. - The Council publication in at least two (2) newspapers of general equal rights and inherent human dignity of
shall submit to the President of the Philippines and circulation. women and men as enshrined in the United
to Congress an annual report of the policies, Nations Universal Declaration on Human
programs and activities relative to the REPUBLIC ACT No. 10364 Rights, United Nations Convention on the
implementation of this Act. Elimination of All Forms of Discrimination
AN ACT EXPANDING REPUBLIC ACT NO. 9208, Against Women, United Nations Convention
Section 28. Funding. - The heads of the ENTITLED "AN ACT TO INSTITUTE POLICIES TO on the Rights of the Child, United Nations
departments and agencies concerned shall ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY Convention on the Protection of Migrant
immediately include in their programs and issue WOMEN AND CHILDREN, ESTABLISHING THE Workers and their Families, United Nations
such rules and regulations to implement the NECESSARY INSTITUTIONAL MECHANISMS FOR THE Convention Against Transnational Organized
provisions of this Act, the funding of which shall be PROTECTION AND SUPPORT OF TRAFFICKED Crime Including its Protocol to Prevent,
included in the annual General Appropriations Act. PERSONS, PROVIDING PENALTIES FOR ITS Suppress and Punish Trafficking in Persons,
VIOLATIONS AND FOR OTHER PURPOSES" Especially Women and Children and all
Section 29. Implementing Rules and Regulations. - other relevant and universally accepted
The Council shall promulgate the necessary Be it enacted by the Senate and House of human rights instruments and other
implementing rules and regulations within sixty (60) Representatives of the Philippines in Congress international conventions to which the
days from the effectivity of this Act. assembled: Philippines is a signatory."

Section 30. Non-restriction of Freedom of Speech Section 1. Short Title. – This Act shall be known as Section 3. Section 3 of Republic Act No. 9208 is
and of Association, Religion and the Right to Travel. the "Expanded Anti-Trafficking in Persons Act of hereby amended to read as follows:
- Nothing in this Act shall be interpreted as a 2012″.
restriction of the freedom of speech and of "SEC. 3. Definition of Terms. – As used in
association, religion and the right to travel for Section 2. Section 2 of Republic Act No. 9208 is this Act:
purposes not contrary to law as guaranteed by the hereby amended to read as follows:
Constitution. "(a) Trafficking in Persons – refers to
"SEC. 2. Declaration of Policy. – It is hereby the recruitment, obtaining, hiring,
Section 31. Separability Clause. - If, for any reason, declared that the State values the dignity of providing, offering, transportation,
any section or provision of this Act is held every human person and guarantees the transfer, maintaining, harboring, or
receipt of persons with or without
the victim’s consent or knowledge, money, profit or any other sexual services as enticement for
within or across national borders by consideration. tourists. This includes sexual
means of threat, or use of force, or services and practices offered
other forms of coercion, abduction, "(d) Forced Labor – refers to the during rest and recreation periods
fraud, deception, abuse of power or extraction of work or services from for members of the military.
of position, taking advantage of the any person by means of
vulnerability of the person, or, the enticement, violence, intimidation "(h) Sexual Exploitation – refers to
giving or receiving of payments or or threat, use of, force or coercion, participation by a person in
benefits to achieve the consent of a including deprivation of freedom, prostitution, pornography or the
person having control over another abuse of authority or moral production of pornography, in
person for the purpose of ascendancy, debt-bondage or exchange for money, profit or any
exploitation which includes at a deception including any work or other consideration or where the
minimum, the exploitation or the service extracted from any person participation is caused or facilitated
prostitution of others or other under the menace of penalty. by any means of intimidation or
forms of sexual exploitation, forced threat, use of force, or other forms
labor or services, slavery, servitude "(e) Slavery – refers to the status or of coercion, abduction, fraud,
or the removal or sale of organs. condition of a person over whom deception, debt bondage, abuse of
any or all of the powers attaching to power or of position or of legal
"The recruitment, transportation, the right of ownership are process, taking advantage of the
transfer, harboring, adoption or exercised. vulnerability of the person, or giving
receipt of a child for the purpose of or receiving of payments or benefits
exploitation or when the adoption "(f) Involuntary Servitude – refers to to achieve the consent of a person
is induced by any form of a condition of enforced and having control over another person;
consideration for exploitative compulsory service induced by or in sexual intercourse or lascivious
purposes shall also be considered as means of any scheme, plan or conduct caused or facilitated by any
‘trafficking in persons’ even if it pattern, intended to cause a person means as provided in this Act.
does not involve any of the means to believe that if he or she did not
set forth in the preceding enter into or continue in such "(i) Debt Bondage – refers to the
paragraph. condition, he or she or another pledging by the debtor of his/her
person would suffer serious harm or personal services or labor or those
"(b) Child – refers to a person below other forms of abuse or physical of a person under his/her control as
eighteen (18) years of age or one restraint, or threat of abuse or security or payment for a debt,
who is over eighteen (18) but is harm, or coercion including when the length and nature of
unable to fully take care of or depriving access to travel services is not clearly defined or
protect himself/herself from abuse, documents and withholding when the value of the services as
neglect, cruelty, exploitation, or salaries, or the abuse or threatened reasonably assessed is not applied
discrimination because of a physical abuse of the legal process. toward the liquidation of the debt.
or mental disability or condition.
"(g) Sex Tourism – refers to a "(j) Pornography – refers to any
"(c) Prostitution – refers to any act, program organized by travel and representation, through
transaction, scheme or design tourism-related establishments and publication, exhibition,
involving the use of a person by individuals which consists of cinematography, indecent shows,
another, for sexual intercourse or tourism packages or activities, information technology, or by
lascivious conduct in exchange for utilizing and offering escort and whatever means, of a person
 engaged in real or simulated explicit "(c) To offer or contract marriage, "(i) To recruit, transport, obtain,
sexual activities or any real or simulated, for the purpose of transfer, harbor, maintain, offer,
representation of the sexual parts acquiring, buying, offering, selling, hire, provide, receive or adopt a
of a person for primarily sexual or trading them to engage in child to engage in armed activities
purposes. prostitution, pornography, sexual in the Philippines or abroad;
exploitation, forced labor or slavery,
"(k) Council – shall mean the Inter- involuntary servitude or debt "(j) To recruit, transport, transfer,
Agency Council Against Trafficking bondage; harbor, obtain, maintain, offer, hire,
created under Section 20 of this provide or receive a person by
Act." "(d) To undertake or organize tours means defined in Section 3 of this
and travel plans consisting of Act for purposes of forced labor,
Section 4. Section 4 of Republic Act No. 9208 is tourism packages or activities for slavery, debt bondage and
hereby amended to read as follows: the purpose of utilizing and offering involuntary servitude, including a
persons for prostitution, scheme, plan, or pattern intended
"SEC. 4. Acts of Trafficking in Persons. – It pornography or sexual exploitation; to cause the person either:
shall be unlawful for any person, natural or
juridical, to commit any of the following "(e) To maintain or hire a person to "(1) To believe that if the
acts: engage in prostitution or person did not perform
pornography; such labor or services, he or
"(a) To recruit, obtain, hire, provide, she or another person
offer, transport, transfer, maintain, "(f) To adopt persons by any form of would suffer serious harm
harbor, or receive a person by any consideration for exploitative or physical restraint; or
means, including those done under purposes or to facilitate the same
the pretext of domestic or overseas for purposes of prostitution, "(2) To abuse or threaten
employment or training or pornography, sexual exploitation, the use of law or the legal
apprenticeship, for the purpose of forced labor, slavery, involuntary processes; and
prostitution, pornography, or sexual servitude or debt bondage;
exploitation; "(k) To recruit, transport, harbor,
"(g) To adopt or facilitate the obtain, transfer, maintain, hire,
"(b) To introduce or match for adoption of persons for the purpose offer, provide, adopt or receive a
money, profit, or material, of prostitution, pornography, sexual child for purposes of exploitation or
economic or other consideration, exploitation, forced labor, slavery, trading them, including but not
any person or, as provided for involuntary servitude or debt limited to, the act of baring and/or
under Republic Act No. 6955, any bondage; selling a child for any consideration
Filipino woman to a foreign or for barter for purposes of
national, for marriage for the "(h) To recruit, hire, adopt, exploitation. Trafficking for
purpose of acquiring, buying, transport, transfer, obtain, harbor, purposes of exploitation of children
offering, selling or trading him/her maintain, provide, offer, receive or shall include:
to engage in prostitution, abduct a person, by means of threat
pornography, sexual exploitation, or use of force, fraud, deceit, "(1) All forms of slavery or
forced labor, slavery, involuntary violence, coercion, or intimidation practices similar to slavery,
servitude or debt bondage; for the purpose of removal or sale involuntary servitude, debt
of organs of said person; bondage and forced labor,
including recruitment of
 children for use in armed "In cases where the victim is a child, any of Section 7. A new Section 4-C is hereby inserted in
conflict; the following acts shall also be deemed as Republic Act No. 9208, to read as follows:
attempted trafficking in persons:
"(2) The use, procuring or "SEC. 4-C. Accessories. – Whoever has the
offering of a child for "(a) Facilitating the travel of a child knowledge of the commission of the crime,
prostitution, for the who travels alone to a foreign and without having participated therein,
production of pornography, country or territory without valid either as principal or as accomplices, take
or for pornographic reason therefor and without the part in its commission in any of the
performances; required clearance or permit from following manners:
the Department of Social Welfare
"(3) The use, procuring or and Development, or a written "(a) By profiting themselves or
offering of a child for the permit or justification from the assisting the offender to profit by
production and trafficking child’s parent or legal guardian; the effects of the crime;
of drugs; and
"(b) Executing, for a consideration, "(b) By concealing or destroying the
"(4) The use, procuring or an affidavit of consent or a written body of the crime or effects or
offering of a child for illegal consent for adoption; instruments thereof, in order to
activities or work which, by prevent its discovery;
its nature or the "(c) Recruiting a woman to bear a
circumstances in which it is child for the purpose of selling the "(c) By harboring, concealing or
carried out, is likely to harm child; assisting in the escape of the
their health, safety or principal of the crime, provided the
morals; and "(d) Simulating a birth for the accessory acts with abuse of his or
purpose of selling the child; and her public functions or is known to
"(l) To organize or direct other persons to be habitually guilty of some other
commit the offenses defined as acts of "(e) Soliciting a child and acquiring crime.
trafficking under this Act." the custody thereof through any
means from among hospitals, "Acts defined in this provision shall be
Section 5. A new Section 4-A is hereby inserted in clinics, nurseries, daycare centers, punished in accordance with the provision
Republic Act No. 9208, to read as follows: refugee or evacuation centers, and of Section 10(d) as stated thereto."
low-income families, for the
"SEC. 4-A. Attempted Trafficking in Persons. purpose of selling the child." Section 8. Section 5 of Republic Act No. 9208 is
– Where there are acts to initiate the hereby amended to read as follows:
commission of a trafficking offense but the Section 6. A new Section 4-B is hereby inserted in
offender failed to or did not execute all the Republic Act No. 9208, to read as follows: "SEC. 5. Acts that Promote Trafficking in
elements of the crime, by accident or by Persons. – The following acts which
reason of some cause other than voluntary "SEC. 4-B. Accomplice Liability. – Whoever promote or facilitate trafficking in persons,
desistance, such overt acts shall be deemed knowingly aids, abets, cooperates in the shall be unlawful:
as an attempt to commit an act of execution of the offense by previous or
trafficking in persons. As such, an attempt simultaneous acts defined in this Act shall "(a) xxx
to commit any of the offenses enumerated be punished in accordance with the
in Section 4 of this Act shall constitute provisions of Section 10(c) of this Act." "(b) To produce, print and issue or
attempted trafficking in persons. distribute unissued, tampered or
fake counseling certificates, "(j) To utilize his or her office to Section 10. Section 7 of Republic Act No. 9208 is
registration stickers, overseas impede the investigation, hereby amended to read as follows:
employment certificates or other prosecution or execution of lawful
certificates of any government orders in a case under this Act." "SEC. 7. Confidentiality. – At any stage of
agency which issues these the investigation, rescue, prosecution and
certificates, decals and such other Section 9. Section 6 of Republic Act No. 9208 is trial of an offense under this Act, law
markers as proof of compliance hereby amended to read as follows: enforcement officers, prosecutors, judges,
with government regulatory and court personnel, social workers and medical
pre-departure requirements for the "SEC. 6. Qualified Trafficking in Persons. – practitioners, as well as parties to the case,
purpose of promoting trafficking in Violations of Section 4 of this Act shall be shall protect the right to privacy of the
persons; considered as qualified trafficking: trafficked person. Towards this end, law
enforcement officers, prosecutors and
"(c) xxx "x x x judges to whom the complaint has been
referred may, whenever necessary to
"(d) xxx "(d) When the offender is a spouse, an ensure a fair and impartial proceeding, and
ascendant, parent, sibling, guardian or a after considering all circumstances for the
"(e) xxx person who exercises authority over the best interest of the parties, order a closed-
trafficked person or when the offense is door investigation, prosecution or trial. The
"(f) xxx committed by a public officer or employee; name and personal circumstances of the
trafficked person or any other information
"(g) xxx "x x x tending to establish the identity of the
trafficked person and his or her family shall
"(h) To tamper with, destroy, or "(f) When the offender is a member of the not be disclosed to the public.
cause the destruction of evidence, military or law enforcement agencies;
or to influence or attempt to "It shall be unlawful for any editor,
influence witnesses, in an "(g) When by reason or on occasion of the publisher, and reporter or columnist in case
investigation or prosecution of a act of trafficking in persons, the offended of printed materials, announcer or producer
case under this Act; party dies, becomes insane, suffers in case of television and radio, producer and
mutilation or is afflicted with Human director of a film in case of the movie
"(i) To destroy, conceal, remove, Immunodeficiency Virus (HIV) or the industry, or any person utilizing tri-media
confiscate or possess, or attempt to Acquired Immune Deficiency Syndrome facilities or electronic information
destroy, conceal, remove, (AIDS); technology to cause publicity of the name,
confiscate or possess, any actual or personal circumstances, or any information
purported passport or other travel, "(h) When the offender commits one or tending to establish the identity of the
immigration or working permit or more violations of Section 4 over a period of trafficked person except when the
document, or any other actual or sixty (60) or more days, whether those days trafficked person in a written statement
purported government are continuous or not; and duly notarized knowingly, voluntarily and
identification, of any person in willingly waives said confidentiality.
order to prevent or restrict, or "(i) When the offender directs or through
attempt to prevent or restrict, another manages the trafficking victim in "Law enforcement officers, prosecutors,
without lawful authority, the carrying out the exploitative purpose of judges, court personnel, social workers and
person’s liberty to move or travel in trafficking." medical practitioners shall be trained on the
order to maintain the labor or importance of maintaining confidentiality as
services of that person; or a means to protect the right to privacy of
 victims and to encourage victims to file "SEC. 10. Penalties and Sanctions. – The "(e) Any person found guilty of qualified
complaints." following penalties and sanctions are trafficking under Section 6 shall suffer the
hereby established for the offenses penalty of life imprisonment and a fine of
Section 11. Section 8 of Republic Act No. 9208 is enumerated in this Act: not less than Two million pesos
hereby amended to read as follows: (P2,000,000.00) but not more than Five
"(a) Any person found guilty of committing million pesos (P5,000,000.00);
"SEC. 8. Initiation and Prosecution of any of the acts enumerated in Section 4
Cases. – shall suffer the penalty of imprisonment of "(f) Any person who violates Section 7
twenty (20) years and a fine of not less than hereof shall suffer the penalty of
"(a) Initiation of Investigation. – Law One million pesos (P1,000,000.00) but not imprisonment of six (6) years and a fine of
enforcement agencies are mandated to more than Two million pesos not less than Five hundred thousand pesos
immediately initiate investigation and (P2,000,000.00); (P500,000.00) but not more than One
counter-trafficking-intelligence gathering million pesos (P1,000,000.00);
upon receipt of statements or affidavit from "(b) Any person found guilty of committing
victims of trafficking, migrant workers, or any of the acts enumerated in Section 4-A "(g) If the offender is a corporation,
their families who are in possession of of this Act shall suffer the penalty of partnership, association, club,
knowledge or information about trafficking imprisonment of fifteen (15) years and a establishment or any juridical person, the
in persons cases. fine of not less than Five hundred thousand penalty shall be imposed upon the owner,
pesos (P500,000.00) but not more than One president, partner, manager, and/or any
"(b) Prosecution of Cases. – Any person who million pesos (P1,000,000.00); responsible officer who participated in the
has personal knowledge of the commission commission of the crime or who shall have
of any offense under this Act, such as the "(c) Any person found guilty of Section 4-B knowingly permitted or failed to prevent its
trafficked person, the parents, spouse, of this Act shall suffer the penalty of commission;
siblings, children or legal guardian may file a imprisonment of fifteen (15) years and a
complaint for trafficking. fine of not less than Five hundred thousand "(h) The registration with the Securities and
pesos (P500,000.00) but not more than One Exchange Commission (SEC) and license to
"(c) Affidavit of Desistance. – Cases million pesos (P1,000,000.00); operate of the erring agency, corporation,
involving trafficking in persons should not association, religious group, tour or travel
be dismissed based on the affidavit of "In every case, conviction shall cause and agent, club or establishment, or any place of
desistance executed by the victims or their carry the automatic revocation of the entertainment shall be cancelled and
parents or legal guardians. Public and license or registration of the recruitment revoked permanently. The owner,
private prosecutors are directed to oppose agency involved in trafficking. The license of president, partner or manager thereof shall
and manifest objections to motions for a recruitment agency which trafficked a not be allowed to operate similar
dismissal. child shall be automatically revoked. establishments in a different name;

"Any act involving the means provided in "(d) Any person found, guilty of committing "(i) If the offender is a foreigner, he or she
this Act or any attempt thereof for the any of the acts enumerated in Section 5 shall be immediately deported after serving
purpose of securing an Affidavit of shall suffer the penalty of imprisonment of his or her sentence and be barred
Desistance from the complainant shall be fifteen (15) years and a fine of not less than permanently from entering the country;
punishable under this Act." Five hundred thousand pesos (P500,000.00)
but not more than One million pesos "(j) Any employee or official of government
Section 12. Section 10 of Republic Act No. 9208 is (P1,000,000.00); agencies who shall issue or approve the
hereby amended to read as follows: issuance of travel exit clearances, passports,
registration certificates, counseling
 certificates, marriage license, and other lascivious conduct with a child, the and, if applicable, for qualified
similar documents to persons, whether penalty shall be reclusion trafficking instead of under this
juridical or natural, recruitment agencies, temporal in its medium period section;
establishments or other individuals or to reclusion perpetua or seventeen
groups, who fail to observe the prescribed (17) years to forty (40) years "(b) Deportation. – If a foreigner
procedures and the requirement as imprisonment and a fine of not less commits any offense described by
provided for by laws, rules and regulations, than Five hundred thousand pesos paragraph (1) or (2) of this section
shall be held administratively liable, without (P500,000.00) but not more than or violates any pertinent provision
prejudice to criminal liability under this Act. One million pesos (P1,000,000.00); of this Act as an accomplice or
The concerned government official or accessory to, or by attempting any
employee shall, upon conviction, be "(2) If an offense under paragraph such offense, he or she shall be
dismissed from the service and be barred (a) involves carnal knowledge of, or immediately deported after serving
permanently to hold public office. His or her sexual intercourse with, a male or his or her sentence and be barred
retirement and other benefits shall likewise female trafficking victim and also permanently from entering the
be forfeited; and involves the use of force or country; and
intimidation, to a victim deprived of
"(k) Conviction, by final judgment of the reason or to an unconscious victim, "(c) Public Official. – If the offender
adopter for any offense under this Act shall or a victim under twelve (12) years is a public official, he or she shall be
result in the immediate rescission of the of age, instead of the penalty dismissed from service and shall
decree of adoption." prescribed in the subparagraph suffer perpetual absolute
above the penalty shall be a fine of disqualification to hold public,
Section 13. Section 11 of Republic Act No. 9208 is not less than One million pesos office, in addition to any
hereby amended to read as follows: (P1,000,000.00) but not more than imprisonment or fine received
Five million pesos (P5,000,000.00) pursuant to any other provision of
"SEC. 11. Use of Trafficked Persons. – Any and imprisonment this Act."
person who buys or engages the services of of reclusion perpetua or forty (40)
a trafficked person for prostitution shall be years imprisonment with no Section 14. Section 12 of Republic Act No. 9208 is
penalized with the following: Provided, That possibility of parole; except that if a hereby amended to read as follows:
the Probation Law (Presidential Decree No. person violating paragraph (a) of
968) shall not apply: this section knows the person that "SEC. 12. Prescriptive Period. – Trafficking
provided prostitution services is in cases under this Act shall prescribe in ten
"(a) Prision Correccional in its fact a victim of trafficking, the (10) years: Provided, however, That
maximum period to prision offender shall not be likewise trafficking cases committed by a syndicate
mayor or six (6) years to twelve (12) penalized under this section but or in a large scale as defined under Section
years imprisonment and a fine of under Section 10 as a person 6, or against a child, shall prescribe in
not less than Fifty thousand pesos violating Section 4; and if in twenty (20) years.
(P50,000.00) but not more than committing such an offense, the
One hundred thousand pesos offender also knows a qualifying "The prescriptive period shall commence to
(P100,000.00): Provided, circumstance for trafficking, the run from the day on which the trafficked
however, That the following acts offender shall be penalized under person is delivered or released from the
shall be exempted thereto: Section 10 for qualified trafficking. If conditions of bondage, or in the case of a
in violating this section the offender child victim, from the day the child reaches
"(1) If an offense under paragraph also violates Section 4, the offender the age of majority, and shall be interrupted
(a) involves sexual intercourse or shall be penalized under Section 10 by the filing of the complaint or information
 and shall commence to run again when the "The DFA shall take necessary "(3) 24-hour call center for
proceedings terminate without the accused measures for the efficient crisis calls and technology-
being convicted or acquitted or are implementation of the Electronic based counseling and
unjustifiably stopped for any reason not Passporting System to protect the referral system;
imputable to the accused." integrity of Philippine passports,
visas and other travel documents to "(4) Coordination with local
Section 15. Section 16 of Republic Act No. 9208 is reduce the incidence of trafficking law enforcement entities;
hereby amended to read as follows: through the use of fraudulent and
identification documents.
"SEC. 16. Programs that Address Trafficking "(5) Coordination with the
in Persons. – The government shall establish "In coordination with the Department of Justice,
and implement preventive, protective and Department of Labor and among others.
rehabilitative programs for trafficked Employment, it shall provide free
persons. For this purpose, the following temporary shelters and other "The DSWD must conduct
agencies are hereby mandated to services to Filipino victims of information campaigns in
implement the following programs: trafficking overseas through the communities and schools teaching
migrant workers and other overseas parents and families that receiving
"(a) Department of Foreign Affairs Filipinos resource centers consideration in exchange for
(DFA) – shall make available its established overseas under adoption is punishable under the
resources and facilities overseas for Republic Act No. 8042, as amended. law. Furthermore, information
trafficked persons regardless of campaigns must be conducted with
their manner of entry to the "(b) Department of Social Welfare the police that they must not
receiving country, and explore and Development (DSWD) – shall induce poor women to give their
means to further enhance its implement rehabilitative and children up for adoption in
assistance in eliminating trafficking protective programs for trafficked exchange for consideration.
activities through closer networking persons. It shall provide counseling
with government agencies in the and temporary shelter to trafficked "(c) Department of Labor and
country and overseas, particularly in persons and develop a system for Employment (DOLE) – shall ensure
the formulation of policies and accreditation among NGOs for the strict implementation and
implementation of relevant purposes of establishing centers compliance with the rules and
programs. It shall provide Filipino and programs for intervention in guidelines relative to the
victims of trafficking overseas with various levels of the community. It employment of persons locally and
free legal assistance and counsel to shall establish free temporary overseas. It shall likewise monitor,
pursue legal action against his or shelters, for the protection and document and report cases of
her traffickers, represent his or her housing of trafficked persons to trafficking in persons involving
interests in any criminal provide the following basic services employers and labor recruiters.
investigation or prosecution, and to trafficked persons:
assist in the application for social "(d) Department of Justice (DOJ) –
benefits and/or regular immigration "(1) Temporary housing and shall ensure the prosecution of
status as may be allowed or food facilities; persons accused of trafficking and
provided for by the host country. designate and train special
The DFA shall repatriate trafficked "(2) Psychological support prosecutors who shall handle and
Filipinos with the consent of the and counseling; prosecute cases of trafficking. It
victims. shall also establish a mechanism for
free legal assistance for trafficked for effective investigation and "The blacklist shall likewise be
persons, in coordination with the apprehension of suspected posted by the POEA in the shared
DSWD, Integrated Bar of the traffickers. They shall also establish government information system,
Philippines (IBP) and other NGOs a system to receive complaints and which is mandated to be
and volunteer groups. calls to assist trafficked persons and established under Republic Act No.
conduct rescue operations. 8042, as amended.
"(e) Philippine Commission on
Women (PCW) – shall actively "(h) Philippine Overseas "The POEA and OWWA shall
participate and coordinate in the Employment Administration (POEA) accredit NGOs and other service
formulation and monitoring of and Overseas Workers and Welfare providers to conduct PEOS and
policies addressing the issue of Administration (OWWA) – POEA PDOS, respectively. The PEOS and
trafficking in persons in shall implement Pre-Employment PDOS should include the discussion
coordination with relevant Orientation Seminars (PEOS) while and distribution of the blacklist.
government agencies. It shall Pre-Departure Orientation Seminars
likewise advocate for the inclusion (PDOS) shall be conducted by the "The license or registration of a
of the issue of trafficking in persons OWWA. It shall likewise formulate a recruitment agency that has been
in both its local and international system of providing free legal blacklisted may be suspended by
advocacy for women’s issues. assistance to trafficked persons, in the POEA upon a review of the
coordination with the DFA. complaints filed against said agency.
"(f) Bureau of Immigration (BI) –
shall strictly administer and enforce "The POEA shall create a blacklist of "(i) Department of the Interior and
immigration and alien recruitment agencies, illegal Local Government (DILG) – shall
administration laws. It shall adopt recruiters and persons facing institute a systematic information
measures for the apprehension of administrative, civil and criminal and prevention campaign in
suspected traffickers both at the complaints for trafficking filed in the coordination with pertinent
place of arrival and departure and receiving country and/or in the agencies of government as provided
shall ensure compliance by the Philippines and those agencies, for in this Act. It shall provide
Filipino fiancés/fiancées and illegal recruiters and persons training programs to local
spouses of foreign nationals with involved in cases of trafficking who government units, in coordination
the guidance and counseling have been rescued by the DFA and with the Council, in ensuring wide
requirement as provided for in this DOLE in the receiving country or in understanding and application of
Act. the Philippines even if no formal this Act at the local level.
administrative, civil or criminal
"(g) Philippine National Police (PNP) complaints have been "(j) Commission on Filipinos
and National Bureau of filed: Provided, That the rescued Overseas – shall conduct pre-
Investigation (NBI) – shall be the victims shall execute an affidavit departure counseling services for
primary law enforcement agencies attesting to the acts violative of the Filipinos in intermarriages. It shall
to undertake surveillance, anti-trafficking law. This blacklist develop a system for accreditation
investigation and arrest of shall be posted in conspicuous of NGOs that may be mobilized for
individuals or persons suspected to places in concerned government purposes of conducting pre-
be engaged in trafficking. They shall agencies and shall be updated bi- departure counseling services for
closely coordinate with each other monthly. Filipinos in intermarriages. As such,
and with other law enforcement it shall ensure that the counselors
agencies to secure concerted efforts contemplated under this Act shall
 have the minimum qualifications "SEC. 16-A. Anti-Trafficking in Persons "(c) The number of victims of
and training of guidance counselors Database. – An anti-trafficking in persons trafficking in persons referred to the
as provided for by law. central database shall be established by the agency by destination
Inter-Agency Council Against Trafficking countries/areas and by area of
"It shall likewise assist in the created under Section 20 of this Act. The origin; and
conduct of information campaigns Council shall submit a report to the
against trafficking in coordination President of the Philippines and to "(d) Disaggregated data on
with local government units, the Congress, on or before January 15 of every trafficking victims and the
Philippine Information Agency, and year, with respect to the preceding year’s accused/defendants."
NGOs. programs and data on trafficking-related
cases. Section 17. Section 17 of Republic Act No. 9208 is
"(k) Local government units (LGUs) hereby amended to read as follows:
– shall monitor and document cases "All government agencies tasked under the
of trafficking in persons in their law to undertake programs and render "SEC. 17. Legal Protection to Trafficked
areas of jurisdiction, effect the assistance to address trafficking in persons Persons. – Trafficked persons shall be
cancellation of licenses of shall develop their respective monitoring recognized as victims of the act or acts of
establishments which violate the and data collection systems, and databases, trafficking and as such, shall not be
provisions of this Act and ensure for purposes of ensuring efficient collection penalized for unlawful acts committed as a
effective prosecution of such cases. and storage of data on cases of trafficking in direct result of, or as an incident or in
They shall also undertake an persons handled by their respective offices. relation to, being trafficked based on the
information campaign against Such data shall be submitted to the Council acts of trafficking enumerated in this Act or
trafficking in persons through the for integration in a central database system. in obedience to the order made by the
establishment of the Migrants trafficker in relation thereto. In this regard,
Advisory and Information Network "For this purpose, the Council is hereby the consent of a trafficked person to the
(MAIN) desks in municipalities or tasked to ensure the harmonization and intended exploitation set forth in this Act
provinces in coordination with the standardization of databases, including shall be irrelevant.
DILG, Philippine Information Agency minimum data requirements, definitions,
(PIA), Commission on Filipinos reporting formats, data collection systems, "Victims of trafficking for purposes of
Overseas (CFO), NGOs and other and data verification systems. Such prostitution as defined under Section 4 of
concerned agencies. They shall databases shall have, at the minimum, the this Act are not covered by Article 202 of
encourage and support community- following information: the Revised Penal Code and as such, shall
based initiatives which address the not be prosecuted, fined, or otherwise
trafficking in persons. "(a) The number of cases of penalized under the said law."
trafficking in persons, sorted
"In implementing this Act, the according to status of cases, Section 18. A new Section 17-A is hereby inserted
agencies concerned may seek and including the number of cases being into Republic Act No. 9208, to read as follows:
enlist the assistance of NGOs, investigated, submitted for
people’s organizations (POs), civic prosecution, dropped, and filed "SEC. 17-A. Temporary Custody of Trafficked
organizations and other volunteer and/or pending before the courts Victims. – The rescue of victims should be
groups." and the number of convictions and done as much as possible with the
acquittals; assistance of the DSWD or an accredited
Section 16. A new Section 16-A is hereby inserted NGO that services trafficked victims. A law
into Republic Act No. 9208, to read as follows: "(b) The profile/information on enforcement officer, on a reasonable
each case; suspicion that a person is a victim of any
 offense defined under this Act including trafficking case: Provided, That such acts "(d) Administrator, Philippine
attempted trafficking, shall immediately shall have been made in good faith. Overseas Employment
place that person in the temporary custody Administration;
of the local social welfare and development "The prosecution of retaliatory suits against
office, or any accredited or licensed shelter victims of trafficking shall be held in "(e) Commissioner, Bureau of
institution devoted to protecting trafficked abeyance pending final resolution and Immigration;
persons after the rescue." decision of criminal complaint for
trafficking. "(f) Chief, Philippine National Police;
Section 19. A new Section 17-B is hereby inserted
into Republic Act No. 9208, to read as follows: "It shall be prohibited for the DFA, the "(g) Chairperson, Philippine
DOLE, and the POEA officials, law Commission on Women;
"SEC. 17-B. Irrelevance of Past Sexual enforcement officers, prosecutors and
Behavior, Opinion Thereof or Reputation of judges to urge complainants to abandon "(h) Chairperson, Commission on
Victims and of Consent of Victims in Cases of their criminal, civil and administrative Filipinos Overseas;
Deception, Coercion and Other Prohibited complaints for trafficking.
Means. – The past sexual behavior or the "(i) Executive Director, Philippine
sexual predisposition of a trafficked person "The remedies of injunction and attachment Center for Transnational Crimes;
shall be considered inadmissible in evidence of properties of the traffickers, illegal and
for the purpose of proving consent of the recruiters and persons involved in
victim to engage in sexual behavior, or to trafficking may be issued motu proprio by "(j) Three (3) representatives from
prove the predisposition, sexual or judges." NGOs, who shall include one (1)
otherwise, of a trafficked person. representative each from among
Furthermore, the consent of a victim of Section 21. Section 20 of Republic Act No. 9208 is the sectors representing women,
trafficking to the intended exploitation shall hereby amended to read as follows: overseas Filipinos, and children,
be irrelevant where any of the means set with a proven record of
forth in Section 3(a) of this Act has been "SEC. 20. Inter-Agency Council Against involvement in the prevention and
used." Trafficking. – There is hereby established an suppression of trafficking in
Inter-Agency Council Against Trafficking, to persons. These representatives shall
Section 20. A new Section 17-C is hereby inserted be composed of the Secretary of the be nominated by the government
into Republic Act No. 9208, to read as follows: Department of Justice as Chairperson and agency representatives of the
the Secretary of the Department of Social Council, for appointment by the
"SEC. 17-C. Immunity from Suit, Prohibited Welfare and Development as Co- President for a term of three (3)
Acts and Injunctive Remedies. – No action or Chairperson and shall have the following as years.
suit shall be brought, instituted or members:
maintained in any court or tribunal or "The members of the Council may designate
before any other authority against any: (a) "(a) Secretary, Department of their permanent representatives who shall
law enforcement officer; (b) social worker; Foreign Affairs; have a rank not lower than an assistant
or (c) person acting in compliance with a secretary or its equivalent to meetings, and
lawful order from any of the above, for "(b) Secretary, Department of Labor shall receive emoluments as may be
lawful acts done or statements made during and Employment; determined by the Council in accordance
an authorized rescue operation, recovery or with existing budget and accounting rules
rehabilitation/intervention, or an "(c) Secretary, Department of the and regulations."
investigation or prosecution of an anti- Interior and Local Government;
Section 22. Section 22 of Republic Act No. 9208 is supervision of council "(a) Is a Filipino citizen; or
hereby amended to read as follows: administrative business;
"(b) Is a permanent resident of the
"SEC. 22. Secretariat to the Council. – The "(d) Oversee all council operational Philippines; or
Department of Justice shall establish the activities;
necessary Secretariat for the Council. "(c) Has committed the act against a
"(e) Ensure an effective and citizen of the Philippines.
"The secretariat shall provide support for efficient performance of council
the functions and projects of the Council. functions and prompt "No prosecution may be commenced
The secretariat shall be headed by an implementation of council against a person under this section if a
executive director, who shall be appointed objectives, policies, plans and foreign government, in accordance with
by the Secretary of the DOJ upon the programs; jurisdiction recognized by the Philippines,
recommendation of the Council. The has prosecuted or is prosecuting such
executive director must have adequate "(f) Propose effective allocations of person for the conduct constituting such
knowledge on, training and experience in resources for implementing council offense, except upon the approval of the
the phenomenon of and issues involved in objectives, policies, plans and Secretary of Justice.
trafficking in persons and in the field of law, programs;
law enforcement, social work, criminology, "The government may surrender or
or psychology. "(g) Submit periodic reports to the extradite persons accused of trafficking in
Council on the progress of council the Philippines to the appropriate
"The executive director shall be under the objectives, policies, plans and international court if any, or to another
supervision of the Inter-Agency Council programs; State pursuant to the applicable extradition
Against Trafficking through its Chairperson laws and treaties."
and Co-Chairperson, and shall perform the "(h) Prepare annual reports of all
following functions: council activities; and Section 24. Section 28 of Republic Act No. 9208 is
hereby amended, to read as follows:
"(a) Act as secretary of the Council "(i) Perform other duties as the
and administrative officer of its Council may assign." "SEC. 28. Funding. – The amount necessary
secretariat; to implement the provisions of this Act shall
Section 23. A new Section 26-A is hereby inserted be charged against the current year’s
"(b) Advise and assist the into Republic Act No. 9208, to read as follows: appropriations of the Inter-Agency Council
Chairperson in formulating and Against Trafficking under the budget of the
implementing the objectives, "SEC. 26-A. Extra-Territorial Jurisdiction. – DOJ and the appropriations of the other
policies, plans and programs of the The State shall exercise jurisdiction over concerned departments. Thereafter, such
Council, including those involving any act defined and penalized under this sums as may be necessary for the continued
mobilization of government offices Act, even if committed outside the implementation of this Act shall be included
represented in the Council as well Philippines and whether or not such act or in the annual General Appropriations
as other relevant government acts constitute an offense at the place of Act."1âwphi1
offices, task forces, and commission, the crime being a continuing
mechanisms; offense, having been commenced in the Section 25. A new Section 28-A is hereby inserted
Philippines and other elements having been into Republic Act No. 9208, to read as follows:
"(c) Serve as principal assistant to committed in another country, if the
the Chairperson in the overall suspect or accused:
 "SEC. 28-A. Additional Funds for the Be it enacted by the Senate and House of (4) To use the postal service to
Council. – The amount collected from every Representatives of the Philippines in Congress promote the prohibited acts in
penalty, fine or asset derived from any assembled: subparagraph 1
violation of this Act shall be earmarked as hereof.1awphi1©alf
additional funds for the use of the Council. Section 1. It is the policy of the State to ensure and
The fund may be augmented by grants, guarantee the enjoyment of the people of a decent (b) For the manager or officer-in-charge or
donations and endowment from various standard of living. Towards this end, the State shall advertising manager of any newspaper,
sources, domestic or foreign, for purposes take measures to protect Filipino women from magazine, television or radio station, or
related to their functions, subject to the being exploited in utter disregard of human dignity other media, or of an advertising agency,
existing accepted rules and regulations of in their pursuit of economic upliftment. printing company or other similar entities,
the Commission on Audit." to knowingly allow, or consent to, the acts
Section 2. Pursuant thereto, it is hereby declared prohibited in the preceding paragraph.
Section 26. Section 32 of Republic Act No. 9208 of unlawful:
the Repealing Clause is hereby amended to read as Section 3. In case of violation of this Act by an
follows: (a) For a person, natural or juridical, association, club, partnership, corporation, or any
association, club or any other entity to other entity, the incumbent officers thereof who
"SEC. 32. Repealing Clause. – Article 202 of commit, directly or indirectly, any of the have knowingly participated in the violation of this
the Revised Penal Code, as amended, and following acts: Act shall be held liable.1awphil©a1f
all laws, acts, presidential decrees,
executive orders, administrative orders, (1) To establish or carry on a Section 4. Any person found guilty by the court to
rules and regulations inconsistent with or business which has for its purpose have violated any of the acts herein prohibited shall
contrary to the provisions of this Act are the matching of Filipino women for suffer an imprisonment of not less than six (6) years
deemed amended, modified or repealed marriage to foreign nationals either and one (1) day but not more than eight (8) years,
accordingly: Provided, That this Act shall not on a mail-order basis or through and a fine of not less than Eight thousand pesos
in any way amend or repeal the provisions personal introduction; (P8,000) but not more than Twenty thousand pesos
of Republic Act No. 7610, otherwise known (P20,000): Provided, That if the offender is a
as the ‘Special Protection of Child Against (2) To advertise, publish, print or foreigner, he shall be immediately deported and
Child Abuse, Exploitation and Discrimination distribute or cause the barred forever from entering the country after
Act.’" advertisement, publication, printing serving his sentence and payment of fine.
or distribution of any brochure,
Section 27. Section 33 of Republic Act No. 9208 is flier, or any propaganda material Section 5. Nothing in this Act shall be interpreted as
hereby amended to read as follows: calculated to promote the a restriction on the freedom of speech and of
prohibited acts in the preceding association for purposes not contrary to law as
REPUBLIC ACT No. 6955 June 13, 1990 subparagraph; guaranteed by the Constitution.

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF (3) To solicit, enlist or in any Section 6. All laws, decrees, orders, instructions,
MATCHING FILIPINO WOMEN FOR MARRIAGE TO manner attract or induce any rules and regulations, or parts thereof inconsistent
FOREIGN NATIONALS ON A MAIL ORDER BASIS Filipino woman to become a with this Act are hereby repealed or modified
AND OTHER SIMILAR PRACTICES, INCLUDING THE member in any club or association accordingly.
ADVERTISEMENT, PUBLICATION, PRINTING OR whose objective is to match women
DISTRIBUTION OF BROCHURES, FLIERS AND OTHER for marriage to foreign nationals Section 7. This Act shall take effect upon its
PROPAGANDA MATERIALS IN FURTHERANCE either on a mail-order basis or publication for two (2) consecutive weeks in a
THEREOF AND PROVIDING PENALTY THEREFORE through personal introduction for a newspaper of general circulation.Approved: June
fee; 13, 1990
REPUBLIC ACT No. 10906 propaganda materials which are calculated The prohibited act is deemed committed by a
to promote the prohibited acts in the syndicate if carried out by a group of three (3) or
An Act Providing Stronger Measures Against preceding paragraph, or to post, advertise, more persons conspiring or confederating with one
Unlawful Practices, Businesses, and Schemes of or upload such materials through websites another.
Matching and Offering Filipinos to Foreign on the internet;
Nationals for Purposes of Marriage of Common The prohibited act is deemed committed on a large
Law Partnership, Repealing for the Purpose (c) Solicit, enlist, or in any manner, attract scale if committed against three (3) or more
Republic Act No. 6955, Also Referred to as the or induce any Filipino to become a member persons, individually or as a group.1âwphi1
"Anti-Mail Order Bride Law" in any club or association whose objective is
to match Filipino nationals to foreign Any person who has knowledge of the commission
Be it enacted by the Senate and House of nationals for the purpose of marriage or of the unlawful acts and profits from it, assists the
Representatives of the Philippine Congress common law partnership for a fee; and offender to profit from it, without having
Assembled: participated therein, either as a principal or as an
(d) To use the postal service or any website accomplice, shall be punished as an accessory to the
Section 1. Short Title. - This Act shall be known as on the internet to promote the prohibited offense committed and shall suffer the penalty of
the "Anti-Mail Order Spouse Act". acts under this section. ten (10) years imprisonment and a fine of not less
than one hundred thousand pesos (₱100,000.00)
Section 2. Declaration of Policy. - It is hereby The above notwithstanding, legitimate dating but not more than five hundred thousand pesos
declared the policy of the State to protect and websites, which have for their purpose connecting (₱500,000.00).
guarantee the individual rights of the Filipino individuals with shared interests in order to
people. Towards this end, the State shall prevent cultivate personal and dating relationships, are not If the offender is a foreigner, the offender shall be
the exploitation of Filipinos, and protect them from covered by this Act. immediately deported after serving the sentence
unlawful practices, businesses, and schemes which and payment of fine and shall be barred
offer Filipinos for marriage to unscrupulous foreign Section 4. Penalties. - Any person found guilty by permanently from entering the country.
nationals and expose them to abuse, exploitation, the court to have committed any of the prohibited
prostitution, and violent situations. acts provided under Section 3 of this Act shall suffer If the offender is a corporation, partnership,
the penalty of imprisonment for fifteen (15) years association, club, establishment, or any juridical
Section 3. Prohibited Acts. - It shall be unlawful for and a fine of not less than five hundred thousand person, the penalty shall be imposed upon the
any person, whether natural or juridical, to commit, pesos (₱500,000.00) but not more than one million owner, president, partner, manager, or any
directly or indirectly, any of the following acts: pesos (₱1,000,000.00). responsible officer who participated in the
commission of the prohibited acts or who shall have
(a) Engage in any business or scheme for Any person who shall abet or cooperate in the knowingly permitted or failed to prevent its
money, profit, material, economic or other execution of the prohibited acts mentioned in commission.
consideration which has for its purpose the Section 3 of this Act, by previous or simultaneous
matching or offering of a Filipino to a acts, shall suffer the same penalty provided in the The court may also suspend or revoke the license or
foreign national for marriage or common preceding paragraph. permit to operate in the Philippines of the
law partnership on a mail-order basis or advertising agency, newspaper, and magazine
through personal introduction, email, or If the prohibited act is committed by a syndicate or publisher, television or radio station, internet
websites on the internet; committed on a large scale, the offender shall suffer websites, or other entities who commit any of the
the penalty of twenty (20) years imprisonment and prohibited acts.
(b) Exhibit, advertise, publish, print, or a fine of not less than two million pesos
distribute, or cause the exhibition, (₱2,000,000.00) but not more than five million Section 5. Confiscation and Forfeiture. - The court
advertisement, publication, printing, or pesos (₱5,000,000.00). shall order the confiscation and forfeiture of all the
distribution of brochures, flyers, or proceeds and properties derived from the
commission of the prohibited act in favor of the rehabilitative programs for victims. The of mail-order marriages and other similar
government. All awards for damages shall be taken DSWD, in coordination with the local practices. It shall likewise advocate for the
from the personal and separate properties of the government units (LGUs), shall likewise inclusion of the issue of mail-order
offender and if such properties are insufficient, the provide case management service and marriages and other similar schemes in both
balance shall be taken from the confiscated and develop a system for accreditation among local and international advocacy for women
forfeited properties. nongovernment organizations (NGOs) for issues.
purposes of establishing centers and
When the proceeds, properties, and instruments of programs for intervention in various levels (e) Commission of Filipino Overseas (CFO) –
the offense have been destroyed, diminished in of the community. The DSWD shall also The CFO shall conduct pre-departure
value, or otherwise rendered worthless by any act provide the following basic services to counseling services for Filipinos who have
or omission, directly or indirectly, by the offender or victims: contracted marriages with partners from
they have been concealed, removed, converted, or other countries with different cultures,
transferred to prevent or avoid forfeiture or (1) Temporary shelter or housing faiths, and religious beliefs. It shall develop
confiscation, the offender shall be ordered to pay and food; a system for accreditation of NGOs that may
the amount equal to the value of the proceeds, be mobilized for purposes of conducting
property, or instruments of the offense. (2) Psychological support and pre-departure counseling services for
counseling; Filipinos in intermarriages. The CFO shall
Section 6. Mandatory Programs. - The government ensure that the counselors contemplated
shall establish and implement preventive, (3) Twenty-four (24)-hour call under this Act shall have the minimum
protective, and rehabilitative programs for victims center for crisis calls and qualifications and training required by law.
of the unlawful acts and practices enumerated in technology-based counseling and
Section 3 of this Act. For this purpose, the following referral system; Further, the CFO shall collect and analyze pertinent
agencies are hereby mandated to implement their data, statistics, and conduct case studies and
respective programs: (4) Assistance in coordination with research on mail-order spouses. It shall come up
local law enforcement entities; and with essential analysis and papers to guide
(a) Department of Foreign Affairs (DFA) – concerned agencies in formulating policies. It shall
The DFA shall make available its resources (5) Assistance in coordination with likewise assist in the conduct of information
and facilities overseas for victims of mail- the Department of Justice, among campaigns against unlawful acts under this Act and
order marriage and other similar schemes others. other similar schemes in coordination with LGUs,
regardless of their manner of entry to the the Philippine Information Agency, and NGOs.
receiving country. It shall provide Filipino (c) Department of Justice (DOJ) – The DOJ
victims overseas with free legal assistance shall ensure the prosecution of the persons Section 7. Venue. - A criminal action arising from
and counsel to pursue legal action against accused of violating this Act. It shall also the violation of this Act shall be filed in the place
offenders, and represent their interests in establish a mechanism for free legal where the offense was committed, where any of its
any criminal investigation or prosecution. assistance for victims in coordination with elements occurred, or where the victim actually
The DFA, in coordination with the the DSWD, the Integrated Bar of the resides. The court where the criminal action is first
Department of Labor and Employment Philippines, and other NGOs and volunteer filed shall acquire jurisdiction to the exclusion of
(DOLE), shall likewise provide free groups. other courts.
temporary shelters and other services to
Filipino victims of this Act. (d) Philippine Commission on Women Section 8. Implementing Rules and Regulations. -
(PCW) – The PCW shall, in coordination with Within ninety (90) days from the approval of this
(b) Department of Social Welfare and relevant government agencies, actively Act, the DOJ shall, in coordination with the DFA,
Development (DSWD) – The DSWD shall participate in the formulating and DSWD, CFO, the PCW, and NGOs which are engaged
implement preventive, protective, and monitoring of policies addressing the issue in assisting victims of mail-order marriages and
other schemes, promulgate the necessary rules and (2) Against one whose education, training,
regulations for the effective implementation of this SECTION 3. Work, Education or Training - apprenticeship or tutorship is entrusted to the
Act. Related, Sexual Harassment Defined. - Work, offender;
education or training-related sexual harassment is
Section 9. Separability Clause. - If any provision of committed by an employer, employee, manager, (3) When the sexual favor is made a
this Act is declared unconstitutional, the remainder supervisor, agent of the employer, teacher, condition to the giving of a passing grade, or the
of this Act or any provision not affected thereby instructor, professor, coach, trainor, or any granting of honors and scholarships, or the
shall remain in full force and effect. other person who, having authority, influence or payment of a stipend, allowance or other
moral ascendancy over another in a work or benefits, privileges, or consideration; or
Section 10. Repealing Clause. - Republic Act No. training or education environment, demands,
6955, also referred to as the "Anti-Mail Order Bride requests or otherwise requires any sexual (4) When the sexual advances result in an
Law", is hereby repealed. All other laws, decrees, favor from the other, regardless of whether the intimidating, hostile or offensive environment for
executive orders, rules and regulations, or parts demand, request or requirement for submission is the student, trainee or apprentice.
thereof inconsistent with the provisions of this Act accepted by the object of said Act.
are hereby repealed or modified accordingly. Any person who directs or induces another to
(a) In a work-related or employment commit any act of sexual harassment as herein
Section 11. Effectivity. - This Act shall take effect environment, sexual harassment is committed defined, or who cooperates in the commission
fifteen (15) days after its publication in the Official when: thereof by another without which it would not have
Gazette or in a newspaper of general circulation. been committed, shall also be held liable under
(1) The sexual favor is made as a condition this Act.
Republic Act 7877 in the hiring or in the employment, re-employment
or continued employment of said individual, or in SECTION 4. Duty of the Employer or Head of
AN ACT DECLARING SEXUAL HARASSMENT granting said individual favorable compensation, Office in a Work-related, Education or Training
UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR terms of conditions, promotions, or privileges; or Environment. - It shall be the duty of the employer
TRAINING ENVIRONMENT, AND FOR OTHER the refusal to grant the sexual favor results in or the head of the work-related, educational or
PURPOSES. limiting, segregating or classifying the employee training environment or institution, to prevent or
which in any way would discriminate, deprive deter the commission of acts of sexual harassment
Be it enacted by the Senate and House of ordiminish employment opportunities or otherwise and to provide the procedures for the
Representatives of the Philippines in Congress adversely affect said employee; resolution, settlement or prosecution of acts of
assembled: sexual harassment. Towards this end, the employer
(2) The above acts would impair the or head of office shall:
SECTION 1. Title. - This Act shall be known as employee's rights or privileges under existing labor
the "Anti-Sexual Harassment Act of 1995." laws; or (a) Promulgate appropriate rules and regulations
in consultation with and joint1y approved by the
SECTION 2. Declaration of Policy. - The State (3) The above acts would result in an employees or students or trainees, through their
shall value the dignity of every individual, enhance intimidating, hostile, or offensive environment for duly designated representatives, prescribing the
the development of its human resources, guarantee the employee. procedure for the investigation of sexual
full respect for human rights, and uphold the dignity harassment cases and the administrative
of workers, employees, applicants for employment, (b) In an education or training environment, sanctions therefor.
students or those undergoing training, instruction sexual harassment is committed:
or education. Towards this end, all forms of sexual Administrative sanctions shall not be a bar to
harassment in the employment, education or prosecution in the proper courts for unlawful acts
(1) Against one who is under the care, of sexual harassment.
training environment are hereby declared unlawful. custody or supervision of the offender;
 Be it enacted by the Senate and House of
The said rules and regulations issued pursuant SECTION 6. Independent Action for Damages. - Representatives of the Philippine Congress
to this subsection (a) shall include, among others, Nothing in this Act shall preclude the victim of Assembled:
guidelines on proper decorum in the workplace and work, education or training-related sexual
educational or training institutions. harassment from instituting a separate and TITLE I
independent action for damages and other GOVERNING PRINCIPLES
(b) Create a committee on decorum and affirmative relief.
investigation of cases on sexual harassment. The CHAPTER 1
committee shall conduct meetings, as the case may SECTION 7. Penalties. - Any person who violates TITLE, POLICY AND DEFINITION OF TERMS
be, with officers and employees, teachers, the provisions of this Act shall, upon conviction, be
instructors, professors, coaches, trainors, and penalized by imprisonment of not less than one (1) Section 1. Short Title and Scope. - This Act shall be
students or trainees to increase understanding and month nor more than six (6) months, or a fine of not known as the "Juvenile Justice and Welfare Act of
prevent incidents of sexual harassment. It shall also less than Ten thousand pesos (P10,000) nor more 2006." It shall cover the different stages involving
conduct the investigation of alleged cases than Twenty thousand pesos (P20,000), or both children at risk and children in conflict with the law
constituting sexual harassment. such fine and imprisonment at the discretion of the from prevention to rehabilitation and reintegration.
court.
In the case of a work-related environment, the SEC. 2. Declaration of State Policy. - The following
committee shall be composed of at least one (1) Any action arising from the violation of the State policies shall be observed at all times:
representative each from the management, the provisions of this Act shall prescribe in three (3)
union, if any, the employees from the supervisory years. (a) The State recognizes the vital role of
rank, and from the rank and file employees. children and youth in nation building and
SECTION 8. Separability Clause. - If any portion shall promote and protect their physical,
or provision of this Act is declared void or moral, spiritual, intellectual and social well-
In the case of the educational or training unconstitutional, the remaining portions or being. It shall inculcate in the youth
institution, the committee shall be composed of at provisions hereof shall not be affected by such patriotism and nationalism, and encourage
least one (1) representative from the declaration. their involvement in public and civic affairs.
administration, the trainors, instructors,
professors or coaches and students or trainees, as SECTION 9. Repealing Clause. - All laws, decrees, (b) The State shall protect the best interests
the case may be. orders, rules and regulations, other issuances, or of the child through measures that will
parts thereof inconsistent with the provisions of ensure the observance of international
The employer or head of office, educational or this Act are hereby repealed or modified standards of child protection, especially
training institution shall disseminate or post a copy accordingly. SECTION 10. Effectivity Clause.- This Act those to which the Philippines is a party.
of this Act for the information of all concerned. shall take effect fifteen (15) days after its complete Proceedings before any authority shall be
publication in at least two (2) national newspapers conducted in the best interest of the child
SECTION 5. Liability of the Employer, Head of general circulation. and in a manner which allows the child to
of Office, Educational or Training Institution. - The
participate and to express himself/herself
employer or head of office, educational or training
REPUBLIC ACT No. 9344 AN ACT freely. The participation of children in the
institution shall be solidarily liable for damages
ESTABLISHING A COMPREHENSIVE JUVENILE program and policy formulation and
arising from the acts of sexual harassment
JUSTICE AND WELFARE SYSTEM, CREATING THE implementation related to juvenile justice
committed in the employment, education or
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER and welfare shall be ensured by the
training environment if the employer or head of
office, educational or training institution is THE DEPARTMENT OF JUSTICE, APPROPRIATING concerned government agency.
informed of such acts by the offended party and no FUNDS THEREFOR AND FOR OTHER PURPOSES
immediate action is taken. (c) The State likewise recognizes the right of
children to assistance, including proper care
 and nutrition, and special protection from this Act, including its implementing rules and (2) being exploited including
all forms of neglect, abuse, cruelty and regulations (IRRs), shall be construed liberally in sexually or economically;
exploitation, and other conditions favor of the child in conflict with the law.
prejudicial to their development. (3) being abandoned or neglected,
SEC. 4. Definition of Terms. - The following terms as and after diligent search and
(d) Pursuant to Article 40 of the United used in this Act shall be defined as follows: inquiry, the parent or guardian
Nations Convention on the Rights of the cannot be found;
Child, the State recognizes the right of every (a) "Bail" refers to the security given for the
child alleged as, accused of, adjudged, or release of the person in custody of the law, (4) coming from a dysfunctional or
recognized as having infringed the penal law furnished by him/her or a bondsman, to broken family or without a parent
to be treated in a manner consistent with guarantee his/her appearance before any or guardian;
the promotion of the child's sense of dignity court. Bail may be given in the form of
and worth, taking into account the child's corporate security, property bond, cash (5) being out of school;
age and desirability of promoting his/her deposit, or recognizance.
reintegration. Whenever appropriate and (6) being a streetchild;
desirable, the State shall adopt measures (b) "Best Interest of the Child" refers to the
for dealing with such children without totality of the circumstances and conditions (7) being a member of a gang;
resorting to judicial proceedings, providing which are most congenial to the survival,
that human rights and legal safeguards are protection and feelings of security of the (8) living in a community with a high
fully respected. It shall ensure that children child and most encouraging to the child's level of criminality or drug abuse;
are dealt with in a manner appropriate to physical, psychological and emotional and
their well-being by providing for, among development. It also means the least
others, a variety of disposition measures detrimental available alternative for (9) living in situations of armed
such as care, guidance and supervision safeguarding the growth and development conflict.
orders, counseling, probation, foster care, of the child.
education and vocational training programs (e) "Child in Conflict with the Law" refers to
and other alternatives to institutional care. (e) "Child" refers to a person under the age a child who is alleged as, accused of, or
of eighteen (18) years. adjudged as, having committed an offense
(e) The administration of the juvenile justice under Philippine laws.
and welfare system shall take into (d) "Child at Risk" refers to a child who is
consideration the cultural and religious vulnerable to and at the risk of committing (f) "Community-based Programs" refers to
perspectives of the Filipino people, criminal offenses because of personal, the programs provided in a community
particularly the indigenous peoples and the family and social circumstances, such as, setting developed for purposes of
Muslims, consistent with the protection of but not limited to, the following: intervention and diversion, as well as
the rights of children belonging to these rehabilitation of the child in conflict with
communities. (1) being abused by any person the law, for reintegration into his/her family
through sexual, physical, and/or community.
(f) The State shall apply the principles of psychological, mental, economic or
restorative justice in all its laws, policies and any other means and the parents or (g) "Court" refers to a family court or, in
programs applicable to children in conflict guardian refuse, are unwilling, or places where there are no family courts, any
with the law. unable to provide protection for the regional trial court.
child;
SEC. 3. Liberal Construction of this Act. - In case of
doubt, the interpretation of any of the provisions of
(h) "Deprivation of Liberty" refers to any enhance his/her psychological, emotional for committing similar acts. These shall
form of detention or imprisonment, or to and psycho-social well-being. include curfew violations; truancy, parental
the placement of a child in conflict with the disobedience and the like.
law in a public or private custodial setting, (m) "Juvenile Justice and Welfare System"
from which the child in conflict with the law refers to a system dealing with children at (s) "Youth Detention Home" refers to a 24-
is not permitted to leave at will by order of risk and children in conflict with the law, hour child-caring institution managed by
any judicial or administrative authority. which provides child-appropriate accredited local government units (LGUs)
proceedings, including programs and and licensed and/or accredited
(i) "Diversion" refers to an alternative, child- services for prevention, diversion, nongovernment organizations (NGOs)
appropriate process of determining the rehabilitation, re-integration and aftercare providing short-term residential care for
responsibility and treatment of a child in to ensure their normal growth and children in conflict with the law who are
conflict with the law on the basis of his/her development. awaiting court disposition of their cases or
social, cultural, economic, psychological or transfer to other agencies or jurisdiction.
educational background without resorting (n) "Law Enforcement Officer" refers to the
to formal court proceedings. person in authority or his/her agent as (t) "Youth Rehabilitation Center" refers to a
defined in Article 152 of the Revised Penal 24-hour residential care facility managed by
(j) "Diversion Program" refers to the Code, including a barangay tanod. the Department of Social Welfare and
program that the child in conflict with the Development (DSWD), LGUs, licensed
law is required to undergo after he/she is (0) "Offense" refers to any act or omission and/or accredited NGOs monitored by the
found responsible for an offense without whether punishable under special laws or DSWD, which provides care, treatment and
resorting to formal court proceedings. the Revised Penal Code, as amended. rehabilitation services for children in
conflict with the law. Rehabilitation services
(k) "Initial Contact With-the Child" refers to (p) "Recognizance" refers to an undertaking are provided under the guidance of a
the apprehension or taking into custody of a in lieu of a bond assumed by a parent or trained staff where residents are cared for
child in conflict with the law by law custodian who shall be responsible for the under a structured therapeutic environment
enforcement officers or private citizens. It appearance in court of the child in conflict with the end view of reintegrating them
includes the time when the child alleged to with the law, when required. into their families and communities as
be in conflict with the law receives a socially functioning individuals. Physical
subpoena under Section 3(b) of Rule 112 of (q) "Restorative Justice" refers to a principle mobility of residents of said centers may be
the Revised Rules of Criminal Procedure or which requires a process of resolving restricted pending court disposition of the
summons under Section 6(a) or Section 9(b) conflicts with the maximum involvement of charges against them.
of the same Rule in cases that do not the victim, the offender and the
require preliminary investigation or where community. It seeks to obtain reparation for (u) "Victimless Crimes" refers to offenses
there is no necessity to place the child the victim; reconciliation of the offender, where there is no private offended party.
alleged to be in conflict with the law under the offended and the community; and
immediate custody. reassurance to the offender that he/she can CHAPTER 2
be reintegrated into society. It also PRINCIPLES IN THE ADMINISTRATION OF JUVENILE
(I) "Intervention" refers to a series of enhances public safety by activating the JUSTICE AND WELFARE
activities which are designed to address offender, the victim and the community in
issues that caused the child to commit an prevention strategies. SEC. 5. Rights of the Child in Conflict with the Law. -
offense. It may take the form of an Every child in conflict with the law shall have the
individualized treatment program which (r) "Status Offenses" refers to offenses following rights, including but not limited to:
may include counseling, skills training, which discriminate only against a child,
education, and other activities that will while an adult does not suffer any penalty
(a) the right not to be subjected to torture (h) the right to have his/her privacy SEC. 6. Minimum Age of Criminal Responsibility. - A
or other cruel, inhuman or degrading respected fully at all stages of the child fifteen (15) years of age or under at the time
treatment or punishment; proceedings; of the commission of the offense shall be exempt
from criminal liability. However, the child shall be
(b) the right not to be imposed a sentence (i) the right to diversion if he/she is qualified subjected to an intervention program pursuant to
of capital punishment or life imprisonment, and voluntarily avails of the same; Section 20 of this Act.
without the possibility of release;
(j) the right to be imposed a judgment in A child above fifteen (15) years but below eighteen
(c) the right not to be deprived, unlawfully proportion to the gravity of the offense (18) years of age shall likewise be exempt from
or arbitrarily, of his/her liberty; detention or where his/her best interest, the rights of criminal liability and be subjected to an intervention
imprisonment being a disposition of last the victim and the needs of society are all program, unless he/she has acted with discernment,
resort, and which shall be for the shortest taken into consideration by the court, under in which case, such child shall be subjected to the
appropriate period of time; the principle of restorative justice; appropriate proceedings in accordance with this
Act.
(d) the right to be treated with humanity (k) the right to have restrictions on his/her
and respect, for the inherent dignity of the personal liberty limited to the minimum, The exemption from criminal liability herein
person, and in a manner which takes into and where discretion is given by law to the established does not include exemption from civil
account the needs of a person of his/her judge to determine whether to impose fine liability, which shall be enforced in accordance with
age. In particular, a child deprived of liberty or imprisonment, the imposition of fine existing laws.
shall be separated from adult offenders at being preferred as the more appropriate
all times. No child shall be detained penalty; SEC. 7. Determination ofAge. - The child in conflict
together with adult offenders. He/She shall with the law shall enjoy the presumption of
be conveyed separately to or from court. (I) in general, the right to automatic minority. He/She shall enjoy all the rights of a child
He/She shall await hearing of his/her own suspension of sentence; in conflict with the law until he/she is proven to be
case in a separate holding area. A child in eighteen (18) years old or older. The age of a child
conflict with the law shall have the right to (m) the right to probation as an alternative may be determined from the child's birth certificate,
maintain contact with his/her family to imprisonment, if qualified under the baptismal certificate or any other pertinent
through correspondence and visits, save in Probation Law; documents. In the absence of these documents, age
exceptional circumstances; may be based on information from the child
(n) the right to be free from liability for himself/herself, testimonies of other persons, the
(e) the right to prompt access to legal and perjury, concealment or misrepresentation; physical appearance of the child and other relevant
other appropriate assistance, as well as the and evidence. In case of doubt as to the age of the child,
right to challenge the legality of the it shall be resolved in his/her favor.
deprivation of his/her liberty before a court (o) other rights as provided for under
or other competent, independent and existing laws, rules and regulations. Any person contesting the age of the child in
impartial authority, and to a prompt conflict with the law prior to the filing of the
decision on such action; The State further adopts the provisions of the information in any appropriate court may file a case
United Nations Standard Minimum Rules for the in a summary proceeding for the determination of
(f) the right to bail and recognizance, in Administration of Juvenile Justice or "Beijing Rules", age before the Family Court which shall decide the
appropriate cases; United Nations Guidelines for the Prevention of case within twenty-four (24) hours from receipt of
Juvenile Delinquency or the "Riyadh Guidelines", the appropriate pleadings of all interested parties.
(g) the right to testify as a witness in hid/her and the United Nations Rules for the Protection of
own behalf under the rule on examination Juveniles Deprived of Liberty. If a case has been fiied against the child in conflict
of a child witness; with the law and is pending in the appropriate
court, the person shall file a motion to determine (i) Bureau of Jail Management and Penology Justice and the Secretary of Social Welfare and
the age of the child in the same court where the (BJMP); Development shall determine the organizational
case is pending. Pending hearing on the said structure and staffing pattern of the JJWC.
motion, proceedings on the main case shall be (i) Commission on Human Rights (CHR);
suspended. The JJWC shall coordinate with the Office of the
(k) Technical Education and Skills Court Administrator and the Philippine Judicial
In all proceedings, law enforcement officers, Development Authority (TESDA); Academy to ensure the realization of its mandate
prosecutors, judges and other government officials and the proper discharge of its duties and functions,
concerned shall exert all efforts at determining the (l) National Youth Commission (NYC); and as herein provided.
age of the child in conflict with the law.
(m) Other institutions focused on juvenile SEC. 9. Duties and Functions of the JJWC. - The
TITLE II justice and intervention programs. JJWC shall have the following duties and functions:
STRUCTURES IN THE ADMINISTRATION OF
JUVENILE JUSTICE AND WELFARE The JJWC shall be composed of representatives, (a) To oversee the implementation of this
whose ranks shall not be lower than director, to be Act;
SEC. 8. Juvenile Justice and Welfare Council designated by the concerned heads of the following
(JJWC). - A Juvenile Justice and Welfare Council departments or agencies: (b) To advise the President on all matters
(JJWC) is hereby created and attached to the and policies relating to juvenile justice and
Department of Justice and placed under its (a) Department of Justice (DOJ); welfare;
administrative supervision. The JJWC shall be
chaired by an undersecretary of the Department of (b) Department of Social Welfare and (c) To assist the concerned agencies in the
Social Welfare and Development. It shall ensure the Development (DSWD); review and redrafting of existing
effective implementation of this Act and policies/regulations or in the formulation of
coordination among the following agencies: (c) Council for the Welfare of Children new ones in line with the provisions of this
(a) Council for the Welfare of Children (CWC) Act;
(CWC);
(d) Department of Education (DepEd); (d) To periodically develop a comprehensive
(b) Department of Education (DepEd); 3 to 5-year national juvenile intervention
(e) Department of the Interior and Local program, with the participation of
(c) Department of the Interior and Local Government (DILG) government agencies concerned, NGOs and
Government (DILG); youth organizations;
(f) Commission on Human Rights (CHR);
(d) Public Attorney's Office (PAO); (e) To coordinate the implementation of the
(g) National Youth Commission (NYC); and juvenile intervention programs and
(e) Bureau of Corrections (BUCOR); activities by national government agencies
(h) Two (2) representatives from NGOs, one and other activities which may have an
(f) Parole and Probation Administration to be designated by the Secretary of Justice important bearing on the success of the
(PPA) and the other to be designated by the entire national juvenile intervention
Secretary of Social Welfare and program. All programs relating to juvenile
(g) National Bureau of Investigation (NBI); Development. justice and welfare shall be adopted in
consultation with the JJWC;
(h) Philippine National Police (PNP);. The JJWC shall convene within fifteen (15) days
from the effectivity of this Act. The Secretary of
(f) To formulate and recommend policies (i) To initiate and coordinate the conduct of SEC. 12. The Family. - The family shall be
and strategies in consultation with children trainings for the personnel of the agencies responsible for the primary nurturing and rearing of
for the prevention of juvenile delinquency involved in the administration of the children which is critical in delinquency prevention.
and the administration of justice, as well as juvenile justice and welfare system and the As far as practicable and in accordance with the
for the treatment and rehabilitation of the juvenile intervention program; procedures of this Act, a child in conflict with the
children in conflict with the law; law shall be maintained in his/her family.
(j) To submit an annual report to the
(g) To collect relevant information and President on the implementation of this SEC. 13. The Educational System. - Educational
conduct continuing research and support Act; and institutions shall work together with families,
evaluations and studies on all matters community organizations and agencies in the
relating to juvenile justice and welfare, such (k) To perform such other functions as may prevention of juvenile delinquency and in the
as but not limited to: be necessary to implement the provisions of rehabilitation and reintegration of child in conflict
this Act. with the law. Schools shall provide adequate,
(1) the performance and results necessary and individualized educational schemes
achieved by juvenile intervention SEC. 10. Policies and Procedures on Juvenile Justice for children manifesting difficult behavior and
programs and by activities of the and Welfare. - All government agencies children in conflict with the law. In cases where
local government units and other enumerated in Section 8 shall, with the assistance children in conflict with the law are taken into
government agencies; of the JJWC and within one (1) year from the custody or detained in rehabilitation centers, they
effectivity of this Act, draft policies and procedures should be provided the opportunity to continue
(2) the periodic trends, problems consistent with the standards set in the law. These learning under an alternative learning system with
and causes of juvenile delinquency policies and procedures shall be modified basic literacy program or non- formal education
and crimes; and accordingly in consultation with the JJWC upon the accreditation equivalency system.
completion of the national juvenile intervention
(3) the particular needs of children program as provided under Section 9 (d). SEC. 14. The Role of the Mass Media. - The mass
in conflict with the law in custody. media shall play an active role in the promotion of
SEC. 11. Child Rights Center (CRC). - The existing child rights, and delinquency prevention by relaying
The data gathered shall be used by the JJWC Child Rights Center of the Commission on Human consistent messages through a balanced approach.
in the improvement of the administration of Rights shall ensure that the status, rights and Media practitioners shall, therefore, have the duty
juvenile justice and welfare system. interests of children are upheld in accordance with to maintain the highest critical and professional
the Constitution and international instruments on standards in reporting and covering cases of
The JJWC shall set up a mechanism to human rights. The CHR shall strengthen the children in conflict with the law. In all publicity
ensure that children are involved in monitoring of government compliance of all treaty concerning children, the best interest of the child
research and policy development. obligations, including the timely and regular should be the primordial and paramount concern.
submission of reports before the treaty bodies, as Any undue, inappropriate and sensationalized
(h) Through duly designated persons and well as the implementation and dissemination of publicity of any case involving a child in conflict with
with the assistance of the agencies provided recommendations and conclusions by government the law is hereby declared a violation of the child's
in the preceding section, to conduct regular agencies as well as NGOs and civil society. rights.
inspections in detention and rehabilitation
facilities and to undertake spot inspections TITLE III SEC. 15. Establishment and Strengthening of Local
on their own initiative in order to check PREVENTION OF JUVENILE DELINQUENCY Councils for the Protection of Children. - Local
compliance with the standards provided Councils for the Protection of Children (LCPC) shall
herein and to make the necessary CHAPTER 1 be established in all levels of local government, and
recommendations to appropriate agencies; THE ROLE OF THE DIFFERENT SECTORS 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 The LGUs shall set aside an amount necessary to TITLE IV
be chosen from among the responsible members of implement their respective juvenile intervention TREATMENT OF CHILDREN BELOW THE AGE OF
the community, including a representative from the programs in their annual budget. CRIMINAL RESPONSIBILITY
youth sector, as well as representatives from
government and private agencies concerned with The LGUs, in coordination with the LCPC, shall call SEC. 20. Children Below the Age of Criminal
the welfare of children. on all sectors concerned, particularly the child- Responsibility. - If it has been determined that the
focused institutions, NGOs, people's organizations, child taken into custody is fifteen (15) years old or
The local council shall serve as the primary agency educational institutions and government agencies below, the authority which will have an initial
to coordinate with and assist the LGU concerned for involved in delinquency prevention to participate in contact with the child has the duty to immediately
the adoption of a comprehensive plan on the planning process and implementation of release the child to the custody of his/her parents
delinquency prevention, and to oversee its proper juvenile intervention programs. Such programs shall or guardian, or in the absence thereof, the child's
implementation. be implemented consistent with the national nearest relative. Said authority shall give notice to
program formulated and designed by the JJWC. The the local social welfare and development officer
One percent (1%) of the internal revenue allotment implementation of the comprehensive juvenile who will determine the appropriate programs in
of barangays, municipalities and cities shall be intervention program shall be reviewed and consultation with the child and to the person having
allocated for the strengthening and implementation assessed annually by the LGUs in coordination with custody over the child. If the parents, guardians or
of the programs of the LCPC: Provided, That the the LCPC. Results of the assessment shall be nearest relatives cannot be located, or if they refuse
disbursement of the fund shall be made by the LGU submitted by the provincial and city governments to to take custody, the child may be released to any of
concerned. the JJWC not later than March 30 of every year. the following: a duly registered nongovernmental or
religious organization; a barangay official or a
SEC. 16. Appointment of Local Social Welfare and SEC. 19. Community-based Programs on Juvenile member of the Barangay Council for the Protection
Development Officer. - All LGUs shall appoint a duly Justice and Welfare. - Community-based programs of Children (BCPC); a local social welfare and
licensed social worker as its local social welfare and on juvenile justice and welfare shall be instituted by development officer; or when and where
development officer tasked to assist children in the LGUs through the LCPC, school, youth appropriate, the DSWD. If the child referred to
conflict with the law. organizations and other concerned agencies. The herein has been found by the Local Social Welfare
LGUs shall provide community-based services which and Development Office to be abandoned,
SEC. 17. The Sangguniang Kabataan. - The respond to the special needs, problems, interests neglected or abused by his parents, or in the event
Sangguniang Kabataan (SK) shall coordinate with and concerns of children and which offer that the parents will not comply with the prevention
the LCPC in the formulation and implementation of appropriate counseling and guidance to them and program, the proper petition for involuntary
juvenile intervention and diversion programs in the their families. These programs shall consist of three commitment shall be filed by the DSWD or the Local
community. levels: Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise ,known as
CHAPTER 2 (a) Primary intervention includes general "The Child and Youth Welfare Code".
COMPREHENSIVE JUVENILE INTERVENTION measures to promote social justice and
PROGRAM equal opportunity, which tackle perceived TITLE V
root causes of offending; JUVENILE JUSTICE AND WELFARE SYSTEM
SEC. 18. Development of a Comprehensive Juvenile
Intervention Program. - A Comprehensive juvenile (b) Secondary intervention includes CHAPTER I
intervention program covering at least a 3-year measures to assist children at risk; and INITIAL CONTACT WITH THE CHILD
period shall be instituted in LGUs from the barangay
to the provincial level. (c) Tertiary intervention includes measures SEC. 21. Procedure for Taking the Child into
to avoid unnecessary contact with the Custody. - From the moment a child is taken into
formal justice system and other measures custody, the law enforcement officer shall:
to prevent re-offending.
(a) Explain to the child in simple language child's act with a view towards counseling shall affix his/her signature to the said
and in a dialect that he/she can understand and rehabilitation, diversion from the statement.
why he/she is being placed under custody criminal justice system, and reparation, if
and the offense that he/she allegedly appropriate; A child in conflict with the law shall only be
committed; searched by a law enforcement officer of the same
(j) Take the child immediately to the proper gender and shall not be locked up in a detention
(b) Inform the child of the reason for such medical and health officer for a thorough cell.
custody and advise the child of his/her physical and mental examination. The
constitutional rights in a language or dialect examination results shall be kept SEC. 22. Duties During Initial Investigation. - The
understood by him/her; confidential unless otherwise ordered by law enforcement officer shall, in his/her
the Family Court. Whenever the medical investigation, determine where the case involving
(e) Properly identify himself/herself and treatment is required, steps shall be the child in conflict with the law should be referred.
present proper identification to the child; immediately undertaken to provide the
same; The taking of the statement of the child shall be
(d) Refrain from using vulgar or profane conducted in the presence of the following: (1)
words and from sexually harassing or (k) Ensure that should detention of the child child's counsel of choice or in the absence thereof, a
abusing, or making sexual advances on the in conflict with the law be necessary, the lawyer from the Public Attorney's Office; (2) the
child in conflict with the law; child shall be secured in quarters separate child's parents, guardian, or nearest relative, as the
from that of the opposite sex and adult case may be; and (3) the local social welfare and
(e) Avoid displaying or using any firearm, offenders; development officer. In the absence of the child's
weapon, handcuffs or other instruments of parents, guardian, or nearest relative, and the local
force or restraint, unless absolutely (l) Record the following in the initial social welfare and development officer, the
necessary and only after all other methods investigation: investigation shall be conducted in the presence of
of control have been exhausted and have a representative of an NGO, religious group, or
failed; 1. Whether handcuffs or other member of the BCPC.
instruments of restraint were used,
(f) Refrain from subjecting the child in and if so, the reason for such; After the initial investigation, the local social worker
conflict with the law to greater restraint conducting the same may do either of the following:
than is necessary for his/her apprehension; 2. That the parents or guardian of a
child, the DSWD, and the PA0 have (a) Proceed in accordance with Section 20 if
(g) Avoid violence or unnecessary force; been informed of the apprehension the child is fifteen (15) years or below or
and the details thereof; and above fifteen (15) but below eighteen (18)
(h) Determine the age of the child pursuant years old, who acted without discernment;
to Section 7 of this Act; 3. The exhaustion of measures to and
determine the age of a child and the
(i) Immediately but not later than eight (8) precise details of the physical and (b) If the child is above fifteen (15) years old
hours after apprehension, turn over custody medical examination or the failure but below eighteen (18) and who acted with
of the child to the Social Welfare and to submit a child to such discernment, proceed to diversion under
Development Office or other accredited examination; and the following chapter.
NGOs, and notify the child's apprehension.
The social welfare and development officer (m) Ensure that all statements signed by the CHAPTER 2
shall explain to the child and the child's child during investigation shall be witnessed DIVERSION
parents/guardians the consequences of the by the child's parents or guardian, social
worker, or legal counsel in attendance who
SEC. 23. System of Diversion. - Children in conflict undergo conferencing, mediation or conciliation Section 23(a) and (b), or if the child, his/her parents
with the law shall undergo diversion programs outside the criminal justice system or prior to his or guardian does not consent to a diversion, the
without undergoing court proceedings subject to entry into said system. A contract of diversion may Punong Barangay handling the case shall, within
the conditions herein provided: be entered into during such conferencing, three (3) days from determination of the absence of
mediation or conciliation proceedings. jurisdiction over the case or termination of the
(a) Where the imposable penalty for the diversion proceedings, as the case may be, forward
crime committee is not more than six (6) SEC. 26. Contract of Diversion. - If during the the records of the case of the child to the law
years imprisonment, the law enforcement conferencing, mediation or conciliation, the child enforcement officer, prosecutor or the appropriate
officer or Punong Barangay with the voluntarily admits the commission of the act, a court, as the case may be. Upon the issuance of the
assistance of the local social welfare and diversion program shall be developed when corresponding document, certifying to the fact that
development officer or other members of appropriate and desirable as determined under no agreement has been reached by the parties, the
the LCPC shall conduct mediation, family Section 30. Such admission shall not be used against case shall be filed according to the regular process.
conferencing and conciliation and, where the child in any subsequent judicial, quasi-judicial or
appropriate, adopt indigenous modes of administrative proceedings. The diversion program SEC. 28. Duty of the Law Enforcement Officer When
conflict resolution in accordance with the shall be effective and binding if accepted by the There is No Diversion. - If the offense does not fall
best interest of the child with a view to parties concerned. The acceptance shall be in under Section 23(a) and (b), or if the child, his/her
accomplishing the objectives of restorative writing and signed by the parties concerned and the parents or guardian does not consent to a diversion,
justice and the formulation of a diversion appropriate authorities. The local social welfare and the Women and Children Protection Desk of the
program. The child and his/her family shall development officer shall supervise the PNP, or other law enforcement officer handling the
be present in these activities. implementation of the diversion program. The case of the child under custody, to the prosecutor
diversion proceedings shall be completed within or judge concerned for the conduct of inquest
(b) In victimless crimes where the forty-five (45) days. The period of prescription of and/or preliminary investigation to determine
imposable penalty is not more than six (6) the offense shall be suspended until the completion whether or not the child should remain under
years imprisonment, the local social welfare of the diversion proceedings but not to exceed custody and correspondingly charged in court. The
and development officer shall meet with forty-five (45) days. document transmitting said records shall display the
the child and his/her parents or guardians word "CHILD" in bold letters.
for the development of the appropriate The child shall present himself/herself to the
diversion and rehabilitation program, in competent authorities that imposed the diversion SEC. 29. Factors in Determining Diversion
coordination with the BCPC; program at least once a month for reporting and Program. - In determining whether diversion is
evaluation of the effectiveness of the program. appropriate and desirable, the following factors
(c) Where the imposable penalty for the shall be taken into consideration:
crime committed exceeds six (6) years Failure to comply with the terms and conditions of
imprisonment, diversion measures may be the contract of diversion, as certified by the local (a) The nature and circumstances of the
resorted to only by the court. social welfare and development officer, shall give offense charged;
the offended party the option to institute the
SEC. 24. Stages Where Diversion May be appropriate legal action. (b) The frequency and the severity of the
Conducted. - Diversion may be conducted at the act;
Katarungang Pambarangay, the police investigation The period of prescription of the offense shall be
or the inquest or preliminary investigation stage and suspended during the effectivity of the diversion (c) The circumstances of the child (e.g. age,
at all 1evels and phases of the proceedings including program, but not exceeding a period of two (2) maturity, intelligence, etc.);
judicial level. years.
(d) The influence of the family and
SEC. 25. Conferencing, Mediation and SEC. 27. Duty of the Punong Barangay When There environment on the growth of the child;
Conciliation. - A child in conflict with law may is No Diversion. - If the offense does not fall under
 (e) The reparation of injury to the victim; (2) Reparation of the damage (2) Confiscation and forfeiture of
caused; the proceeds or instruments of the
(f) The weight of the evidence against the crime;
child; (3) Indemnification for
consequential damages; (c) At the level of the appropriate court:
(g) The safety of the community; and
(4) Written or oral apology; (1) Diversion programs specified
(h) The best interest of the child. under paragraphs(a)and (b) above;
(5) Care, guidance and supervision
SEC. 30. Formulation of the Diversion Program. - In orders; (2) Written or oral reprimand or
formulating a diversion program, the individual citation;
characteristics and the peculiar circumstances of (6) Counseling for the child in
the child in conflict with the law shall be used to conflict with the law and the child's (3) Fine:
formulate an individualized treatment. family;
(4) Payment of the cost of the
The following factors shall be considered in (7)Attendance in trainings, seminars proceedings; or
formulating a diversion program for the child: and lectures on:
(5) Institutional care and custody.
(a) The child's feelings of remorse for the (i) anger management skills;
offense he/she committed; CHAPTER 3
(ii) problem solving and/or PROSECUTION
(b) The parents' or legal guardians' ability to conflict resolution skills;
guide and supervise the child; SEC. 32. Duty of the Prosecutor's Office. - There
(iii) values formation; and shall be a specially trained prosecutor to conduct
(c) The victim's view about the propriety of inquest, preliminary investigation and prosecution
the measures to be imposed; and (iv) other skills which will of cases involving a child in conflict with the law. If
aid the child in dealing with there is an allegation of torture or ill-treatment of a
(d) The availability of community-based situations which can lead to child in conflict with the law during arrest or
programs for rehabilitation and repetition of the offense; detention, it shall be the duty of the prosecutor to
reintegration of the child. investigate the same.
(8) Participation in available
SEC. 31. Kinds of Diversion Programs. - The community-based programs, SEC. 33. Preliminary Investigation and Filing of
diversion program shall include adequate socio- including community service; or Information. - The prosecutor shall conduct a
cultural and psychological responses and services preliminary investigation in the following instances:
for the child. At the different stages where diversion (9) Participation in education, (a) when the child in conflict with the law does not
may be resorted to, the following diversion vocation and life skills programs. qualify for diversion: (b) when the child, his/her
programs may be agreed upon, such as, but not parents or guardian does not agree to diversion as
limited to: (b) At the level of the law enforcement specified in Sections 27 and 28; and (c) when
officer and the prosecutor: considering the assessment and recommendation of
(a) At the level of the Punong Barangay: the social worker, the prosecutor determines that
(1) Diversion programs specified diversion is not appropriate for the child in conflict
(1) Restitution of property; under paragraphs (a)(1) to (a)(9) with the law.
herein; and
Upon serving the subpoena and the affidavit of family or in an educational setting or home. Upon suspension of sentence and after considering
complaint, the prosecutor shall notify the Public Institutionalization or detention of the child pending the various chcumstances of the child, the court
Attorney's Office of such service, as well as the trial shall be used only as a measure of last resort shall impose the appropriate disposition measures
personal information, and place of detention of the and for the shortest possible period of time. as provided in the Supreme Court Rule on Juveniles
child in conflict with the law. in Conflict with the Law.
Whenever detention is necessary, a child will always
Upon determination of probable cause by the be detained in youth detention homes established SEC. 39. Discharge of the Child in Conflict with the
prosecutor, the information against the child shall by local governments, pursuant to Section 8 of the Law. - Upon the recommendation of the social
be filed before the Family Court within forty-five Family Courts Act, in the city or municipality where worker who has custody of the child, the court shall
(45) days from the start of the preliminary the child resides. dismiss the case against the child whose sentence
investigation. has been suspended and against whom disposition
In the absence of a youth detention home, the child measures have been issued, and shall order the final
CHAPTER 4 in conflict with the law may be committed to the discharge of the child if it finds that the objective of
COURT PROCEEDINGS care of the DSWD or a local rehabilitation center the disposition measures have been fulfilled.
recognized by the government in the province, city
SEC. 34. Bail. - For purposes of recommending the or municipality within the jurisdiction of the court. The discharge of the child in conflict with the law
amount of bail, the privileged mitigating The center or agency concerned shall be responsible shall not affect the civil liability resulting from the
circumstance of minority shall be considered. for the child's appearance in court whenever commission of the offense, which shall be enforced
required. in accordance with law.
SEC. 35. Release on Recognizance. - Where a child
is detained, the court shall order: SEC. 37. Diversion Measures. - Where the maximum SEC. 40. Return of the Child in Conflict with the Law
penalty imposed by law for the offense with which to Court. - If the court finds that the objective of the
(a) the release of the minor on recognizance the child in conflict with the law is charged is disposition measures imposed upon the child in
to his/her parents and other suitable imprisonment of not more than twelve (12) years, conflict with the law have not been fulfilled, or if the
person; regardless of the fine or fine alone regardless of the child in conflict with the law has willfully failed to
amount, and before arraignment of the child in comply with the conditions of his/her disposition or
(b) the release of the child in conflict with conflict with the law, the court shall determine rehabilitation program, the child in conflict with the
the law on bail; or whether or not diversion is appropriate. law shall be brought before the court for execution
of judgment.
(c) the transfer of the minor to a youth SEC. 38. Automatic Suspension of Sentence. - Once
detention home/youth rehabilitation the child who is under eighteen (18) years of age at If said child in conflict with the law has reached
center. the time of the commission of the offense is found eighteen (18) years of age while under suspended
guilty of the offense charged, the court shall sentence, the court shall determine whether to
The court shall not order the detention of a child in determine and ascertain any civil liability which may discharge the child in accordance with this Act, to
a jail pending trial or hearing of his/her case. have resulted from the offense committed. order execution of sentence, or to extend the
However, instead of pronouncing the judgment of suspended sentence for a certain specified period or
SEC. 36. Detention of the Child Pending Trial. - conviction, the court shall place the child in conflict until the child reaches the maximum age of twenty-
Children detained pending trial may be released on with the law under suspended sentence, without one (21) years.
bail or recognizance as provided for under Sections need of application: Provided, however, That
34 and 35 under this Act. In all other cases and suspension of sentence shall still be applied even if SEC. 41. Credit in Service of Sentence. - The child in
whenever possible, detention pending trial may be the juvenile is already eighteen years (18) of age or conflict with the law shall be credited in the services
replaced by alternative measures, such as close more at the time of the pronouncement of his/her of his/her sentence with the full time spent in actual
supervision, intensive care or placement with a guilt. commitment and detention under this Act.
SEC. 42. Probation as an Alternative to misrepresentation by reason of his/her failure to shall be accommodated separately from male
Imprisonment. - The court may, after it shall have acknowledge the case or recite any fact related children in conflict with the law.
convicted and sentenced a child in conflict with the thereto in response to any inquiry made to him/her
law, and upon application at any time, place the for any purpose. SEC. 48. Gender-Sensitivity Training. - No personnel
child on probation in lieu of service of his/her of rehabilitation and training facilities shall handle
sentence taking into account the best interest of the TITLE VI children in conflict with the law without having
child. For this purpose, Section 4 of Presidential REHABILITATION AND REINTEGRATION undergone gender sensitivity training.
Decree No. 968, otherwise known as the "Probation
Law of 1976", is hereby amended accordingly. SEC. 44. Objective of Rehabilitation and SEC. 49. Establishment of Youth Detention Homes. -
Reintegration. - The objective of rehabilitation and The LGUs shall set aside an amount to build youth
CHAPTER 5 reintegration of children in conflict with the law is detention homes as mandated by the Family Courts
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS to provide them with interventions, approaches and Act. Youth detention homes may also be established
strategies that will enable them to improve their by private and NGOs licensed and accredited by the
SEC. 43. Confedentiality of Records and social functioning with the end goal of reintegration DSWD, in consultation with the JJWC.
Proceedings. - All records and proceedings involving to their families and as productive members of their
children in conflict with the law from initial contact communities. SEC. 50. Care and Maintenance of the Child in
until final disposition of the case shall be considered SEC. 45. Court Order Required. - No child shall be Conflict with the Law. - The expenses for the care
privileged and confidential. The public shall be received in any rehabilitation or training facility and maintenance of a child in conflict with the law
excluded during the proceedings and the records without a valid order issued by the court after a under institutional care shall be borne by his/her
shall not be disclosed directly or indirectly to hearing for the purpose. The details of this order parents or those persons liable to support
anyone by any of the parties or the participants in shall be immediately entered in a register him/her: Provided, That in case his/her parents or
the proceedings for any purpose whatsoever, exclusively for children in conflict with the law. No those persons liable to support him/her cannot pay
except to determine if the child in conflict with the child shall be admitted in any facility where there is all or part of said expenses, the municipality where
law may have his/hes sentence suspended or if no such register. the offense was committed shall pay one-third (1/3)
he/she may be granted probation under the of said expenses or part thereof; the province to
Probation Law, or to enforce the civil liability SEC. 46, Separate Facilities from Adults. - In all which the municipality belongs shall pay one-third
imposed in the criminal action. rehabilitation or training facilities, it shall be (1/3) and the remaining one-third (1/3) shall be
mandatory that children shall be separated from borne by the national government. Chartered cities
The component authorities shall undertake all adults unless they are members of the same family. shall pay two-thirds (2/3) of said expenses; and in
measures to protect this confidentiality of Under no other circumstance shall a child in conflict case a chartered city cannot pay said expenses, part
proceedings, including non-disclosure of records to with the law be placed in the same confinement as of the internal revenue allotments applicable to the
the media, maintaining a separate police blotter for adults. unpaid portion shall be withheld and applied to the
cases involving children in conflict with the law and settlement of said obligations: Provided, further,
adopting a system of coding to conceal material The rehabilitation, training or confinement area of That in the event that the child in conflict with the
information which will lead to the child's identity. children in conflict with the law shall provide a law is not a resident of the municipality/city where
Records of a child in conflict with the law shall not home environment where children in conflict with the offense was committed, the court, upon its
be used in subsequent proceedings for cases the law can be provided with quality counseling and determination, may require the city/municipality
involving the same offender as an adult, except treatment. where the child in conflict with the law resides to
when beneficial for the offender and upon his/her shoulder the cost.
written consent. SEC. 47. Female Children. - Female children in
conflict with the law placed in an institution shall be All city and provincial governments must exert
A person who has been in conflict with the law as a given special attention as to their personal needs effort for the immediate establishment of local
child shall not be held under any provision of law, to and problems. They shall be handled by female detention homes for children in conflict with the
be guilty of perjury or of concealment or doctors, correction officers and social workers, and law.
SEC. 51. Confinement of Convicted Children in (7) Health services; . working or attending vocational learning
Agricultural Camps and other Training Facilities. - A institutions;
child (8) Spiritual enrichment; and
(b) Prevent separation of the child in
in conflict with the law may, after conviction and (9) Community and family welfare services. conflict with the law from his/her
upon order of the court, be made to serve his/her parents/guardians to maintain the support
sentence, in lieu of confinement in a regular penal In accordance therewith, the family of the child in system fostered by their relationship and to
institution, in an agricultural camp and other conflict with the law shall endeavor to actively create greater awareness of their mutual
training facilities that may be established, participate in the community-based rehabilitation. and reciprocal responsibilities;
maintained, supervised and controlled by the
BUCOR, in coordination with the DSWD. Based on the progress of the youth in the (c) Facilitate the rehabilitation and
community, a final report will be forwarded by the mainstreaming of the child in conflict with
SEC. 52. Rehabilitation of Children in Conflict with local social welfare and development officer to the the law and encourage community support
the Law. - Children in conflict with the law, whose court for final disposition of the case. and involvement; and
sentences are suspended may, upon order of the
court, undergo any or a combination of disposition If the community-based programs are provided as (d) Minimize the stigma that attaches to the
measures best suited to the rehabilitation and diversion measures under Chapter II, Title V, the child in conflict with the law by preventing
welfare of the child as provided in the Supreme programs enumerated above shall be made jail detention.
Court Rule on Juveniles in Conflict with the Law. available to the child in conflict with the law.
SEC. 55. Criteria of Community-Based Programs. -
If the community-based rehabilitation is availed of SEC. 53. Youth Rehabilitation Center. - The youth Every LGU shall establish community-based
by a child in conflict with the law, he/she shall be rehabilitation center shall provide 24-hour group programs that will focus on the rehabilitation and
released to parents, guardians, relatives or any care, treatment and rehabilitation services under reintegration of the child. All programs shall meet
other responsible person in the community. Under the guidance of a trained staff where residents are the criteria to be established by the JJWC which
the supervision and guidance of the local social cared for under a structured therapeutic shall take into account the purpose of the program,
welfare and development officer, and in environment with the end view of reintegrating the need for the consent of the child and his/her
coordination with his/her parents/guardian, the them in their families and communities as socially parents or legal guardians, and the participation of
child in conflict with the law shall participate in functioning individuals. A quarterly report shall be the child-centered agencies whether public or
community-based programs, which shall include, submitted by the center to the proper court on the private.
but not limited to: progress of the children in conflict with the law.
Based on the progress of the youth in the center, a SEC. 56. After-Care Support Services for Children in
(1) Competency and life skills development; final report will be forwarded to the court for final Conflict with the Law. - Children in conflict with the
disposition of the case. The DSWD shall establish law whose cases have been dismissed by the proper
(2) Socio-cultural and recreational activities; youth rehabilitation centers in each region of the court because of good behavior as per
country. recommendation of the DSWD social worker and/or
(3) Community volunteer projects; any accredited NGO youth rehabilitation center
SEC. 54. Objectives of Community Based shall be provided after-care services by the local
(4) Leadership training; Programs. - The objectives of community-based social welfare and development officer for a period
programs are as follows: of at least six (6) months. The service includes
(5) Social services; counseling and other community-based services
(a) Prevent disruption in the education or designed to facilitate social reintegration, prevent
(6) Homelife services; means of livelihood of the child in conflict re-offending and make the children productive
with the law in case he/she is studying, members of the community.
TITLE VII SEC. 61. Other Prohibited Acts. - The following and officer or employee, he/she shall, in addition to
GENERAL PROVISIONS any other similar acts shall be considered prejudicial such fine and/or imprisonment, be held
and detrimental to the psychological, emotional, administratively liable and shall suffer the penalty of
CHAPTER 1 social, spiritual, moral and physical health and well- perpetual absolute disqualification.
EXEMPTING PROVISIONS being of the child in conflict with the law and
therefore, prohibited: CHAPTER 4
SEC. 57. Status Offenees. - Any conduct not APPROPRIATION PROVISION
considered an offense or not penalized if committed (a) Employment of threats of whatever kind
by an adult shall not be considered an offense and and nature; SEC. 63. Appropriations. - The amount necessary to
shall not be punished if committed by a child. carry out the initial implementation of this Act shall
(b) Employment of abusive, coercive and be charged to the Office of the President.
SEC. 58. Offenses Not Applicable to Children. - punitive measures such as cursing, beating, Thereafter, such sums as may be necessary for the
Persons below eighteen (18) years of age shall be stripping, and solitary confinement; continued implementation of this Act shall be
exempt from prosecution for the crime of vagrancy included in the succeeding General Appropriations
and prostitution under Section 202 of the Revised (c) Employment of degrading, inhuman end Act.
Penal Code, of mendicancy under Presidential cruel forms of punishment such as shaving
Decree No. 1563, and sniffing of rugby under the heads, pouring irritating, corrosive or An initial amount of Fifty million pesos
Presidential Decree No. 1619, such prosecution harmful substances over the body of the (P50,000,000.00) for the purpose of setting up the
being inconsistent with the United Nations child in conflict with the law, or forcing JJWC shall be taken from the proceeds of the
Convention on the Rights of the Child: Provided, him/her to walk around the community Philippine Charity Sweepstakes Office.
That said persons shall undergo appropriate wearing signs which embarrass, humiliate,
counseling and treatment program. and degrade his/her personality and dignity; TITLE VIII
and TRANSITORY PROVISIONS
SEC. 59. Exemption from the Application of Death
Penalty. - The provisions of the Revised Penal Code, (d) Compelling the child to perform SEC. 64. Children in Conflict with the Law Fifteen
as amended, Republic Act No. 9165, otherwise involuntary servitude in any and all forms (15) Years Old and Below. - Upon effectivity of this
known as the Comprehensive Dangerous Drugs Act under any and all instances. Act, cases of children fifteen (15) years old and
of 2002, and other special laws notwithstanding, no below at the time of the commission of the crime
death penalty shall be imposed upon children in CHAPTER 3 shall immediately be dismissed and the child shall
conflict with the law. PENAL PROVISION be referred to the appropriate local social welfare
and development officer. Such officer, upon
CHAPTER 2 SEC. 62. Violation of the Provisions of this Act or thorough assessment of the child, shall determine
PROHIBITED ACTS Rules or Regulations in General. - Any person who whether to release the child to the custody of
violates any provision of this Act or any rule or his/her parents, or refer the child to prevention
SEC. 60. Prohibition Against Labeling and regulation promulgated in accordance thereof shall, programs as provided under this Act. Those with
Shaming. - In the conduct of the proceedings upon conviction for each act or omission, be suspended sentences and undergoing rehabilitation
beginning from the initial contact with the child, the punished by a fine of not less than Twenty thousand at the youth rehabilitation center shall likewise be
competent authorities must refrain from branding pesos (P20,000.00) but not more than Fifty released, unless it is contrary to the best interest of
or labeling children as young criminals, juvenile thousand pesos (P50,000.00) or suffer the child.
delinquents, prostitutes or attaching to them in any imprisonment of not less than eight (8) years but
manner any other derogatory names. Likewise, no not more than ten (10) years, or both such fine and SEC. 65. Children Detained Pending Dial. - If the
discriminatory remarks and practices shall be imprisonment at the discretion of the court, unless child is detained pending trial, the Family Court shall
allowed particularly with respect to the child's class a higher penalty is provided for in the Revised Penal also determine whether or not continued detention
or ethnic origin. Code or special laws. If the offender is a public
is necessary and, if not, determine appropriate TITLE IX Section 2. Section 4 of Republic Act No. 9344 is
alternatives for detention. FINAL PROVISIONS hereby amended to read as follows:

If detention is necessary and he/she is detained SEC. 69. Rule Making Power. - The JJWC shall issue "SEC. 4. Definition of Terms. – The following
with adults, the court shall immediately order the the IRRs for the implementation of the provisions of terms as used in this Act shall be defined as
transfer of the child to a youth detention home. this act within ninety (90) days from the effectivity follows:
thereof.
SEC. 66. Inventory of "Locked-up" and Detained "x x x
Children in Conflict with the Law. - The PNP, the SEC. 70. Separability Clause. - If, for any reason, any
BJMP and the BUCOR are hereby directed to submit section or provision of this Act is declared "(s) ‘Bahay Pag-asa’ – refers to a 24-hour
to the JJWC, within ninety (90) days from the unconstitutional or invalid by the Supreme Court, child-caring institution established, funded
effectivity of this Act, an inventory of all children in the other sections or provisions hereof not dfected and managed by local government units
conflict with the law under their custody. by such declaration shall remain in force and effect. (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs)
SEC. 67. Children Who Reach the Age of Eighteen SEC. 71. Repealing Clause. - All existing laws, providing short-term residential care for
(18) Years Pending Diversion and Court orders, decrees, rules and regulations or parts children in conflict with the law who are
Proceedings. - If a child reaches the age of eighteen thereof inconsistent with the provisions of this Act above fifteen (15) but below eighteen (18)
(18) years pending diversion and court proceedings, are hereby repealed or modified accordingly. years of age who are awaiting court
the appropriate diversion authority in consultation disposition of their cases or transfer to
with the local social welfare and development SEC. 72. Effectivity. - This Act shall take effect after other agencies or jurisdiction.
officer or the Family Court in consultation with the fifteen (15) days from its publication in at least two
Social Services and Counseling Division (SSCD) of the (2) national newspapers of general circulation. "Part of the features of a ‘Bahay Pag-asa’ is
Supreme Court, as the case may be, shall determine an intensive juvenile intervention and
the appropriate disposition. In case the appropriate REPUBLIC ACT NO. 10630 support center. This will cater to children in
court executes the judgment of conviction, and conflict with the law in accordance with
unless the child in conflict the law has already AN ACT STRENGTHENING THE JUVENILE JUSTICE Sections 20, 20-A and 20-B hereof.
availed of probation under Presidential Decree No. SYSTEM IN THE PHILIPPINES, AMENDING FOR THE
603 or other similar laws, the child may apply for PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE "A multi-disciplinary team composed of a
probation if qualified under the provisions of the KNOWN AS THE "JUVENILE JUSTICE AND WELFARE social worker, a psychologist/mental health
Probation Law. ACT OF 2006" AND APPROPRIATING FUNDS professional, a medical doctor, an
THEREFOR educational/guidance counselor and a
SEC. 68. Children Who Have Been Convicted and Barangay Council for the Protection of
are Serving Sentence. - Persons who have been Be it enacted by the Senate and House of Children (BCPC) member shall operate the
convicted and are serving sentence at the time of Representatives of the Philippines in Congress ‘Bahay Pag-asa’. The team will work on the
the effectivity of this Act, and who were below the assembled: individualized intervention plan with the
age of eighteen (18) years at the time the child and the child’s family.
commission of the offense for which they were Section 1. The Title of Republic Act No. 9344 is
convicted and are serving sentence, shall likewise hereby amended to read as follows: "An Act "x x x."
benefit from the retroactive application of this Act. Establishing a Comprehensive Juvenile Justice and
They shall be entitled to appropriate dispositions Welfare System, Creating the Juvenile justice and Section 3. Section 6 of Republic Act No. 9344 is
provided under this Act and their sentences shall be Welfare Council under the Department of Social hereby amended to read as follows:
adjusted accordingly. They shall be immediately Welfare and Development, Appropriating Funds
released if they are so qualified under this Act or Therefor, and for Other Purposes."
other applicable law.
 "SEC. 6. Minimum Age of Criminal "(b) Council for the Welfare of Council in accordance with existing budget
Responsibility. – A child fifteen (15) years of Children (CWC); and accounting rules and regulations:
age or under at the time of the commission
of the offense shall be exempt from criminal "(c) Department of Education "(1) Department of Justice (DOJ);
liability. However, the child shall be (DepED);
subjected to an intervention program "(2) Department of Social Welfare
pursuant to Section 20 of this Act. "(d) Department of the Interior and and Development (DSWD);
Local Government (DILG);
"A child is deemed to be fifteen (15) years "(3) Council for the Welfare of
of age on the day of the fifteenth "(e) Public Attorney’s Office (PAO); Children (CWC);
anniversary of his/her birthdate.
"(f) Bureau of Corrections (BUCOR); "(4) Department of Education
"A child above fifteen (15) years but below (DepED);
eighteen (18) years of age shall likewise be "(g) Parole and Probation
exempt from criminal liability and be Administration (PPA); "(5) Department of the Interior and
subjected to an intervention program, Local Government (DILG);
unless he/she has acted with discernment, "(h) National Bureau of
in which case, such child shall be subjected Investigation (NBI); "(6) Commission on Human Rights
to the appropriate proceedings in (CHR);
accordance with this Act. "(i) Philippine National Police (PNP);
"(7) National Youth Commission
"The exemption from criminal liability "(j) Bureau of Jail Management and (NYC);
herein established does not include Penology (BJMP);
exemption from civil liability, which shall be "(8) Two (2) representatives from
enforced in accordance with existing laws." "(k) Commission on Human Rights NGOs, to be designated by the
(CHR); Secretary of Social Welfare and
Section 4. Section 8 of Republic Act No. 9344 is Development, to be selected based
hereby amended to read as follows: "(l) Technical Education and Skills on the criteria established by the
Development Authority (TESDA); Council;
"SEC. 8. Juvenile Justice and Welfare Council
(JJWC). – A Juvenile Justice and Welfare "(m) National Youth Commission "(9) Department of Health (DOH);
Council (JJWC) is hereby created and (NYC); and and
attached to the Department of Social
Welfare and Development and placed under "(n) Other institutions focused on "(10) One (1) representative each
its administrative supervision. The JJWC juvenile justice and intervention from the League of Provinces,
shall be chaired by an Undersecretary of the programs. League of Cities, League of
Department of Social Welfare and Municipalities and League of
Development. It shall ensure the effective "The JJWC shall be composed of Barangays.
implementation of this Act and coordination representatives, whose ranks shall not be
among the following agencies: lower than director, to be designated by the "There shall be a Regional Juvenile Justice
concerned heads of the following and Welfare Committee (RJJWC) in each
"(a) Department of Justice (DOJ); departments or agencies and shall receive region. The RJJWCs will be under the
emoluments as may be determined by the administration and supervision of the JJWC.
The RJJWC shall be chaired by the director Municipalities/ Barangays of the "(d) To periodically develop a
of the regional office of the DSWD. It shall Philippines. comprehensive 3 to 5-year national
ensure the effective implementation of this juvenile intervention program, with
Act at the regional and LGU levels and the "The JJWC shall convene within fifteen (15) the participation of government
coordination among its member agencies. days from the effectivity of this Act. The agencies concerned, NGOs and
Secretary of Social Welfare and youth organizations;
"The RJJWC will be composed of permanent Development shall determine the
representatives who shall have a rank not organizational structure and staffing pattern "(e) To coordinate the
lower than an assistant regional director or of the JJWC national secretariat and the implementation of the juvenile
its equivalent to be designated by the RJJWC secretariat. intervention programs and activities
concerned department heads from the by national government agencies
following agencies and shall receive "In the implementation of this Act, the JJWC and other activities which may have
emoluments as may be determined by the shall consult with the various leagues of an important bearing on the success
Council in accordance with existing budget local government officials. of the entire national juvenile
and accounting rules and regulations: intervention program. All programs
"The JJWC shall coordinate with the Office relating to juvenile justice and
"(i) Department of Justice (DOJ); of the Court Administrator and the welfare shall be adopted in
Philippine Judicial Academy to ensure the consultation with the JJWC;
"(ii) Department of Social Welfare realization of its mandate and the proper
and Development (DSWD); discharge of its duties and functions, as "(f) To consult with the various
herein provided." leagues of local government
"(iii) Department of Education officials in the formulation and
(DepED); Section5. Section 9 of Republic Act No. 9344 is recommendation of policies and
hereby amended to read as follows: strategies for the prevention of
"(iv) Department of the Interior and juvenile delinquency and the
Local Government (DILG); "SEC. 9. Duties and Functions of the JJWC. – promotion of juvenile justice and
The JJWC shall have the following duties welfare;
"(v) Commission on Human Rights and functions:
(CHR); "(g) To formulate and recommend
"(a) To oversee the implementation policies and strategies in
"(vi) Department of Health (DOH); of this Act; consultation with children for the
prevention of juvenile delinquency
"(vii) Two (2) representatives from "(b) To advise the President on all and the administration of justice, as
NGOs operating within the region matters and policies relating to well as for the treatment and
selected by the RJJWC based on the juvenile justice and welfare; rehabilitation of the children in
criteria established by the JJWC; conflict with the law;
"(c) To assist the concerned
"(viii) One (1) sectoral agencies in the review and "(h) To collect relevant information
representative from the children or redrafting of existing and conduct continuing research
youth sector within the region; and policies/regulations or in the and support evaluations and studies
formulation of new ones in line with on all matters relating to juvenile
"(ix) One (1) representative from the provisions of this Act; justice and welfare, such as, but not
the League of Provinces/ Cities/ limited to:
 "(1) The performance and "(j) To initiate and coordinate the by national government agencies
results achieved by juvenile conduct of trainings for the and other activities within the
intervention programs and personnel of the agencies involved region;
by activities of the local in the administration of the juvenile
government units and other justice and welfare system and the "(e) To oversee the programs and
government agencies; juvenile intervention program; operation of the intensive juvenile
intervention and support center
"(2) The periodic trends, "(k) To submit an annual report to established within the region;
problems and causes of the President on the
juvenile delinquency and implementation of this Act; and "(f) To collect relevant regional
crimes; and information and conduct continuing
"(l) To perform such other functions research and support evaluations
"(3) The particular needs of as may be necessary to implement and studies on all matters relating
children in conflict with the the provisions of this Act." to juvenile justice and welfare
law in custody. within the region, such as, but not
"SEC. 9-A. Duties and Functions of the limited to:
"The data gathered shall be used by RJJWC. – The RJJWC shall have the following
the JJWC in the improvement of the duties and functions: "(1) Performance and
administration of juvenile justice results achieved by juvenile
and welfare system. "(a) To oversee and ensure the intervention programs and
effective implementation of this Act by activities of the LGUs and
"The JJWC shall submit an annual at the regional level and at the level other government agencies
report to Congress on the of the LGUs; within the region;
implementation of the provisions of
this Act. "(b) To assist the concerned "(2) The periodic trends,
agencies in the implementation and problems and causes of
"The JJWC shall set up a mechanism in compliance with the JJWC’s juvenile delinquency and
to ensure that children are involved adopted policies/regulations or crimes from the LGU level
in research and policy development. provide substantial inputs to the to the regional level; and
JJWC in the formulation of new
"(i) Through duly designated ones in line with the provisions of "(3) The particular needs of
persons and with the assistance of this Act; children in conflict with the
the agencies provided in the law in custody within their
preceding section, to conduct "(c) To assist in the development of regional jurisdiction.
regular inspections in detention and the comprehensive 3 to 5-year local
rehabilitation facilities and to juvenile intervention program, with "The data gathered shall be
undertake spot inspections on their the participation of concerned forwarded by the RJJWC to the
own initiative in order to check LGUs, NGOs and youth JJWC on an annual basis and as may
compliance with the standards organizations within the region and be deemed necessary by the JJWC.
provided herein and to make the monitor its implementation;
necessary recommendations to "(g) Through duly designated
appropriate agencies; "(d) To coordinate the persons and with the assistance of
implementation of the juvenile the agencies provided in the
intervention programs and activities preceding section, to conduct
 regular inspections in detention and interest of the child requires the referral of (LSWDO) pursuant to Presidential Decree
rehabilitation facilities within the the child to a youth care facility or ‘Bahay No. 603, as amended, otherwise known as
region and to undertake spot Pag-asa’ managed by LGUs or licensed ‘The Child and Youth Welfare Code’ and the
inspections on their own initiative in and/or accredited NGOs monitored by the Supreme Court rule on commitment of
order to check compliance with the DSWD. children: Provided, further, That the
standards provided herein and to minimum age for children committed to a
make the necessary reports and "The local social welfare and development youth care facility or ‘Bahay Pag-asa’ shall
recommendations to appropriate officer shall determine the appropriate be twelve (12) years old."
agencies and to the JJWC; programs for the child who has been
released, in consultation with the child and "SEC. 20-A. Serious Crimes Committed by
"(h) To initiate and coordinate the the person having custody over the child. If Children Who Are Exempt From Criminal
conduct of trainings for the the parents, guardians or nearest relatives Responsibility. – A child who is above twelve
personnel of the agencies involved cannot be located, or if they refuse to take (12) years of age up to fifteen (15) years of
in the administration of the juvenile custody, the child may be released to any of age and who commits parricide, murder,
justice and welfare system and the the following: infanticide, kidnapping and serious illegal
juvenile intervention program detention where the victim is killed or
within the region; "(a) A duly registered raped, robbery, with homicide or rape,
nongovernmental or religious destructive arson, rape, or carnapping
"(i) To submit an annual report to organization; where the driver or occupant is killed or
the JJWC on the implementation of raped or offenses under Republic Act No.
this Act; and "(b) A barangay official or a member 9165 (Comprehensive Dangerous Drugs Act
of the Barangay Council for the of 2002) punishable by more than twelve
"(j) To perform such other functions Protection of Children (BCPC); (12) years of imprisonment, shall be
as may be determined by the JJWC deemed a neglected child under
to implement the provisions of this "(c) A local social welfare and Presidential Decree No. 603, as amended,
Act." development officer; or, when and and shall be mandatorily placed in a special
where appropriate, the DSWD. facility within the youth care faculty or
Section 6. Section 20 of Republic Act No. 9344 is ‘Bahay Pag-asa’ called the Intensive Juvenile
hereby amended to read as follows: "If the child has been found by the local Intervention and Support Center (IJISC).
social welfare and development officer to
"SEC. 20. Children Below the Age of Criminal be dependent, abandoned, neglected or "In accordance with existing laws, rules,
Responsibility. – If it has been determined abused by his/her parents and the best procedures and guidelines, the proper
that the child taken into custody is fifteen interest of the child requires that he/she be petition for involuntary commitment and
(15) years old or below, the authority which placed in a youth care facility or ‘Bahay Pag- placement under the IJISC shall be filed by
will have an initial contact with the child, in asa’, the child’s parents or guardians shall the local social welfare and development
consultation with the local social welfare execute a written authorization for the officer of the LGU where the offense was
and development officer, has the duty to voluntary commitment of the committed, or by the DSWD social worker in
immediately release the child to the custody child: Provided, That if the child has no the local social welfare and development
of his/her parents or guardian, or in the parents or guardians or if they refuse or fail officer’s absence, within twenty-four (24)
absence thereof, the child’s nearest to execute the written authorization for hours from the time of the receipt of a
relative. The child shall be subjected to a voluntary commitment, the proper petition report on the alleged commission of said
community-based intervention program for involuntary commitment shall be child. The court, where the petition for
supervised by the local social welfare and immediately filed by the DSWD or the Local involuntary commitment has been filed
development officer, unless the best Social Welfare and Development Office shall decide on the petition within seventy-
two (72) hours from the time the said child: Provided, finally, That if the child has "A court exercising jurisdiction over a child
petition has been filed by the no parents or guardians or if they refuse or in conflict with the law may require the
DSWD/LSWDO. The court will determine fail to execute the written authorization for attendance of one or both parents of the
the initial period of placement of the child voluntary commitment, the proper petition child at the place where the proceedings
within the IJISC which shall not be less than for involuntary commitment shall be are to be conducted.
one (1) year. The multi-disciplinary team of immediately filed by the DSWD or the
the IJISC will submit to the court a case LSWDO pursuant to Presidential Decree No. "The parents shall be liable for damages
study and progress report, to include a 603, as amended." unless they prove, to the satisfaction of the
psychiatric evaluation report and court, that they were exercising reasonable
recommend the reintegration of the child to "SEC. 20-C. Exploitation of Children for supervision over the child at the time the
his/her family or the extension of the Commission of Crimes. – Any person who, in child committed the offense and exerted
placement under the IJISC. The multi- the commission of a crime, makes use, reasonable effort and utmost diligence to
disciplinary team will also submit a report to takes advantage of, or profits from the use prevent or discourage the child from
the court on the services extended to the of children, including any person who committing another offense."
parents and family of the child and the abuses his/her authority over the child or
compliance of the parents in the who, with abuse of confidence, takes "SEC. 20-E. Assistance to Victims of Offenses
intervention program. The court will decide advantage of the vulnerabilities of the child Committed by Children. – The victim of the
whether the child has successfully and shall induce, threaten or instigate the offense committed by a child and the
completed the center-based intervention commission of the crime, shall be imposed victim’s family shall be provided the
program and is already prepared to be the penalty prescribed by law for the crime appropriate assistance and psychological
reintegrated with his/her family or if there committed in its maximum period." intervention by the LSWDO, the DSWD and
is a need for the continuation of the center- other concerned agencies."
based rehabilitation of the child. The court "SEC. 20-D. Joint Parental Responsibility. –
will determine the next period of Based on the recommendation of the multi- Section 7. Section 22 of Republic Act No. 9344 is
assessment or hearing on the commitment disciplinary team of the IJISC, the LSWDO or hereby amended to read as follows:
of the child." the DSWD, the court may require the
parents of a child in conflict with the law to "SEC. 22. Duties During Initial
"SEC. 20-B. Repetition of Offenses. – A child undergo counseling or any other Investigation. – The law enforcement officer
who is above twelve (12) years of age up to intervention that, in the opinion of the shall, in his/her investigation, determine
fifteen (15) years of age and who commits court, would advance the welfare and best where the case involving the child in conflict
an offense for the second time or interest of the child. with the law should be referred.
oftener: Provided, That the child was
previously subjected to a community-based "As used in this Act, ‘parents’ shall mean "The taking of the statement of the child
intervention program, shall be deemed a any of the following: shall be conducted in the presence of the
neglected child under Presidential Decree following: (1) child’s counsel of choice or in
No. 603, as amended, and shall undergo an "(a) Biological parents of the child; the absence thereof, a lawyer from the
intensive intervention program supervised or Public Attorney’s Office; (2) the child’s
by the local social welfare and development parents, guardian, or nearest relative, as the
officer: Provided, further, That, if the best "(b) Adoptive parents of the child; case may be; and (3) the local social welfare
interest of the child requires that he/she be or and development officer. In the absence of
placed in a youth care facility or ‘Bahay Pag- the child’s parents, guardian, or nearest
asa’, the child’s parents or guardians shall "(c) Individuals who have custody of relative, and the local social welfare and
execute a written authorization for the the child. development officer, the investigation shall
voluntary commitment of the be conducted in the presence of a
 representative of an NGO, religious group, "Upon serving the subpoena and the Section 10. Section 50 of Republic Act No. 9344 is
or member of the BCPC. affidavit of complaint, the prosecutor shall hereby amended to read as follows:
notify the Public Attorney’s Office of such
"The social worker shall conduct an initial service, as well as the personal information, "SEC. 50. Care and Maintenance of the Child
assessment to determine the appropriate and place of detention of the child in in Conflict with the Law. – x x x
interventions and whether the child acted conflict with the law.
with discernment, using the discernment "The LGUs expected expenditures on the
assessment tools developed by the DSWD. "Upon determination of probable cause by local juvenile intervention program for
The initial assessment shall be without the prosecutor, the information against the children at risk and children in conflict with
prejudice to the preparation of a more child shall be filed before the Family Court the law shall be included in the LGUs annual
comprehensive case study report. The local within forty-five (45) days from the start of budget. Highly-urbanized cities and
social worker shall do either of the the preliminary investigation. The provincial governments should include a
following: information must allege that the child acted separate budget for the construction and
with discernment." maintenance of the ‘Bahay Pag-asa’
"(a) Proceed in accordance with including the operation of the IJISC within
Section 20 if the child is fifteen (15) Section 9. Section 49 of Republic Act No. 9344 is the ‘Bahay Pag-asa’."
years or below or above fifteen (15) hereby amended to read as follows:
but below eighteen (18) years old, Section 11. Section 57 of Republic Act No. 9344 is
who acted without discernment; "SEC. 49. Establishment of ‘Bahay Pag- hereby amended to read as follows:
and Asa’. – Each province and highly-urbanized
city (the LGUs) shall be responsible for "SEC. 57. Status Offenses. – Any conduct not
"(b) If the child is above fifteen (15) building, funding and operating a ‘Bahay considered an offense or not penalized if
years old but below eighteen (18) Pag-asa’ within their jurisdiction following committed by an adult shall not be
and who acted with discernment, the standards that will be set by the DSWD considered an offense and shall not be
proceed to diversion under the and adopted by the JJWC. punished if committed by a child."
following chapter."
"Every ‘Bahay Pag-asa’ will have a special "SEC. 57-A. Violations of Local Ordinances. –
Section 8. Section 33 of Republic Act No. 9344 is facility called the IJISC. This Center will be Ordinances enacted by local governments
hereby amended to read as follows: allocated for children in conflict with the concerning juvenile status offenses such as,
law in accordance with Sections 20, 20-A but not limited to, curfew violations,
"SEC. 33. Preliminary Investigation and and 20-B hereof. These children will be truancy, parental disobedience, anti-
Filing of Information. – The prosecutor shall required to undergo a more intensive multi- smoking and anti-drinking laws, as well as
conduct a preliminary investigation in the disciplinary intervention program. The JJWC light offenses and misdemeanors against
following instances: (a) when the child in in partnership with, but not limited to, the public order or safety such as, but not
conflict with the law does not qualify for DSWD, the DOH, the DepED and the DILG, limited to, disorderly conduct, public
diversion; (b) when the child, his/her will develop and set the standards for the scandal, harassment, drunkenness, public
parents or guardian does not agree to implementation of the multi-disciplinary intoxication, criminal nuisance, vandalism,
diversion as specified in Sections 27 and 28; intervention program of the IJISC. Upon gambling, mendicancy, littering, public
and (c) when considering the assessment institutionalization of the IJISC program, the urination, and trespassing, shall be for the
and recommendation of the social worker, JJWC will continue to monitor and provide protection of children. No penalty shall be
the prosecutor determines that diversion is technical assistance to the multi-disciplinary imposed on children for said violations, and
not appropriate for the child in conflict with teams operating the said centers." they shall instead be brought to their
the law. residence or to any barangay official at the
barangay hall to be released to the custody
 of their parents. Appropriate intervention the construction of ‘Bahay Pag-asa’ REPUBLIC ACT No. 9775
programs shall be provided for in such rehabilitation centers in provinces or cities
ordinances. The child shall also be recorded with high incidence of children in conflict AN ACT DEFINING THE CRIME OF CHILD
as a ‘child at risk’ and not as a ‘child in with the law to be determined and PORNOGRAPHY, PRESCRIBING PENALTIES
conflict with the law’. The ordinance shall identified by the DSWD and the JJWC on a THEREFOR AND FOR OTHER PURPOSES
also provide for intervention programs, priority basis: Provided, further, That the
such as counseling, attendance in group said amount shall be coursed through the Be it enacted by the Senate and House of
activities for children, and for the parents, Department of Public Works and Highways Representatives of the Philippines in Congress
attendance in parenting education (DPWH) for its proper implementation. assembled:
seminars."
"The LGUs concerned shall make available, Section 1. Short Title. - This Act shall be known as
Section 12. Mandatory Registry of Children in from its own resources or assets, their the "Anti-Child Pornography Act of 2009."
Conflict with the Law. – All duty-bearers, including counterpart share equivalent to the
barangay/BCPC workers, law enforcers, teachers, national government contribution of Five Section 2. Declaration of Policy. - The State
guidance counselors, social workers and million pesos (P5,000,000.00) per recognizes the vital role of the youth in nation
prosecutors who will receive report, handle or refer rehabilitation center. building and shall promote and protect their
cases of children in conflict with the law, shall physical, moral, spiritual, intellectual, emotional,
ensure a faithful recordation of all pertinent "In addition, the Council may accept psychological and social well-being. Towards this
information, such as age, residence, gender, crime donations, grants and contributions from end, the State shall:
committed or accused of and the details of the various sources, in cash or in kind, for
intervention or diversion, as the case may be, under purposes relevant to its functions, subject (a) Guarantee the fundamental rights of
which they will undergo or has undergone, of all to the usual government accounting and every child from all forms of neglect, cruelty
children in conflict with the law to guarantee the auditing rules and regulations." and other conditions prejudicial to his/her
correct application of the provisions of this Act and development;
other laws. The JJWC shall lead in the establishment Section 14. Implementing Rules and Regulations. –
of a centralized information management system on The JJWC shall promulgate the necessary rules and (b) Protect every child from all forms of
children in conflict with the law. This provision is regulations within sixty (60) days from the exploitation and abuse including, but not
however without prejudice to Section 43 of this Act. effectivity of this Act. limited to:

Section 13. Section 63 of Republic Act No. 9344 is Section 15. Separability Clause. – If any provision of (1) the use of a child in
hereby amended to read as follows: this Act is held unconstitutional, other provisions pornographic performances and
not affected thereby shall remain valid and binding. materials; and
"SEC. 63. Appropriations. – The amount
necessary to carry out the provisions of this Section 16. Repealing Clause. – All laws, decrees, (2) the inducement or coercion of a
Act shall be charged against the current ordinances and rules inconsistent with the child to engage or be involved in
year’s appropriations of the JJWC under the provisions of this Act are hereby modified or pornography through whatever
budget of the Department of Justice. repealed accordingly. means; and
Thereafter, such sums as may be necessary
for the continued implementation of this Section 17. Effectivity Clause. – This Act shall take (c) Comply with international treaties to
Act shall be included in the budget of the effect fifteen (15) days after the completion of its which the Philippines is a signatory or a
DSWD under the annual General publication in the Official Gazette or in at least two State party concerning the rights of children
Appropriations Act: Provided, That the (2) national newspapers of general circulation. which include, but not limited to, the
amount of Four hundred million pesos Convention on the Rights of the Child, the
(P400,000,000.00) shall be appropriated for
 Optional Protocol to the Convention on the (i) sexual intercourse or lascivious (h) "Grooming" refers to the act of
Rights of the Child of the Child on the Sale act including, but not limited to, preparing a child or someone who the
of Children, Child Prostitution and Child contact involving genital to genital, offender believes to be a child for sexual
Pornography, the International Labor oral to genital, anal to genital, or activity or sexual relationship by
Organization (ILO) Convention No.182 on oral to anal, whether between communicating any form of child
the Elimination of the Worst Forms of Child persons of the same or opposite pornography. It includes online enticement
Labor and the Convention Against sex; or enticement through any other means.
Transnational Organized Crime.
(2) bestiality; (i) "Luring" refers to the act of
Section 3. Definition of Terms. - communicating, by means of a computer
(3) masturbation; system, with a child or someone who the
(a) "Child" refers to a person below offender believes to be a child for the
eighteen (18) years of age or over, but is (4) sadistic or masochistic abuse; purpose of facilitating the commission of
unable to fully take care of himself/herself sexual activity or production of any form of
from abuse, neglect, cruelty, exploitation or (5) lascivious exhibition of the child pornography.(2) Bestiality;
discrimination because of a physical or genitals, buttocks, breasts, pubic
mental disability or condition. area and/or anus; or (j) "Pandering" refers to the act of offering,
advertising, promoting, representing or
For the purpose of this Act, a child shall also (6) use of any object or instrument distributing through any means any material
refer to: for lascivious acts or purported material that is intended to
cause another to believe that the material
(1) a person regardless of age who (d) "Internet address" refers to a website, or purported material contains any form of
is presented, depicted or portrayed bulletin board service, internet chat room child pornography, regardless of the actual
as a child as defined herein; and or news group, or any other internet or content of the material or purported
shared network protocol address. material.
(2) computer-generated, digitally or
manually crafted images or graphics (e) "Internet cafe or kiosk" refers to an (k) "Person" refers to any natural or juridical
of a person who is represented or establishment that offers or proposes to entity.
who is made to appear to be a child offer services to the public for the use of its
as defined herein. computer/s or computer system for the Section 4. Unlawful or Prohibited Acts. - It shall be
purpose of accessing the internet, computer unlawful for any person:
(b) "Child pornography" refers to any games or related services.
representation, whether visual, audio, or (a) To hire, employ, use, persuade, induce
written combination thereof, by electronic, (f) "Internet content host" refers to a or coerce a child to perform in the creation
mechanical, digital, optical, magnetic or any person who hosts or who proposes to host or production of any form of child
other means, of child engaged or involved in internet content in the Philippines. pornography;
real or simulated explicit sexual activities.
(g) "Internet service provider (ISP)" refers to (b) To produce, direct, manufacture or
(c) "Explicit Sexual Activity" includes actual a person or entity that supplies or proposes create any form of child pornography;
or simulated - to supply, an internet carriage service to the
public. (c) To publish offer, transmit, sell,
(1) As to form: distribute, broadcast, advertise, promote,
export or import any form of child
pornography;
(d) To possess any form of child (l) To possess any form of child Section 7. Appointment of Special Prosecutors. - The
pornography with the intent to sell, pornography. Department of Justice (DOJ) shall appoint or
distribute, publish, or broadcast: Provided. designate special prosecutors to prosecute cases for
That possession of three (3) or more articles Section 5. Syndicated Child Pornography - The crime the violation of this Act.
of child pornography of the same form shall of child pornography is deemed committed by a
be prima facie evidence of the intent to sell, syndicate if carried out by a group of three (3) or Section 8. Jurisdiction. - Jurisdiction over cases for
distribute, publish or broadcast; more persons conspiring or confederating with one the violation of this Act shall be vested in the Family
another and shall be punished under Section 15(a) Court which has territorial jurisdiction over the
(e) To knowingly, willfully and intentionally of this Act. place where the offense or any of its essential
provide a venue for the commission of elements was committed pursuant to Republic Act
prohibited acts as, but not limited to, dens, Section 6. Who May File a Complaint. - Complaints No. 8369, otherwise known as "Family Courts Act of
private rooms, cubicles, cinemas, houses or on cases of any form of child pornography and other 1997".
in establishments purporting to be a offenses punishable under this Act may be filed by
legitimate business; the following: Section 9. Duties of an Internet Service Provider
(ISP). - All internet service providers (ISPs) shall
(f) For film distributors, theaters and (a) Offended party; notify the Philippine National Police (PNP) or the
telecommunication companies, by National Bureau of Investigation (NBI) within seven
themselves or in cooperation with other (b) Parents or guardians; (7) days from obtaining facts and circumstances that
entities, to distribute any form of child any form of child pornography is being committed
pornography; (c) Ascendant or collateral relative within using its server or facility. Nothing in this section
the third degree of consanguinity; may be construed to require an ISP to engage in the
(g) For a parent, legal guardian or person monitoring of any user, subscriber or customer, or
having custody or control of a child to (d) Officer, social worker or representative the content of any communication of any such
knowingly permit the child to engage, of a licensed child-caring institution; person: Provided, That no ISP shall be held civilly
participate or assist in any form of child liable for damages on account of any notice given in
pornography; (e) Officer or social worker of the good faith in compliance with this section.
Department of Social Welfare and
(h) To engage in the luring or grooming of a Development (DSWD); Furthermore, an ISP shall preserve such evidence
child; for purpose of investigation and prosecution by
(f) Local social welfare development officer; relevant authorities.
(i) To engage in pandering of any form of
child pornography; (g) Barangay chairman; An ISP shall, upon the request of proper authorities,
furnish the particulars of users who gained or
(j) To willfully access any form of child (h) Any law enforcement officer; attempted to gain access to an internet address
pornography; which contains any form of child pornography.
(i) At least three (3) concerned responsible
(k) To conspire to commit any of the citizens residing in the place where the All ISPs shall install available technology, program or
prohibited acts stated in this section. violation occurred; or software to ensure that access to or transmittal of
Conspiracy to commit any form of child any form of child pornography will be blocked or
pornography shall be committed when two (j) Any person who has personal knowledge filtered.
(2) or more persons come to an agreement of the circumstances of the commission of
concerning the commission of any of the any offense under this Act. An ISP who shall knowingly, willfully and
said prohibited acts and decide to commit intentionally violate this provision shall be subject
it; and
to the penalty provided under Section 15(k) of this (a) Not host any form of child pornography (a) The judge, prosecutor or any officer of
Act. on its internet address; the law to whom the complaint has been
referred to may, whenever necessary to
The National Telecommunications Commission (b) Within seven (7) days, report the ensure a fair and impartial proceeding and
(NTC) shall promulgate within ninety (90) days from presence of any form of child pornography, after considering all circumstances for the
the effectivity of this Act the necessary rules and as well as the particulars of the person best interest of the child conduct a closed-
regulations for the implementation of this provision maintaining, hosting, distributing or in any door investigation, prosecution or trial;
which shall include, among others, the installation manner contributing to such internet
of filtering software that will block access to or address, to the proper authorities; and (b) The name and personal circumstances of
transmission of any form of the child pornography. the child, including the child's immediate
(c) Preserve such evidence for purposes of family, or any other information tending to
Section 10. Responsibility of Mall Owners/Operators investigation and prosecution by relevant establish his/her identity shall not be
and Owners or Lessors of Other Business authorities. disclosed to the public;
Establishments. - All mall owners/operators and
owners or lessors of other business establishments An internet content host shall, upon the request of (c) Any record regarding a child shall be
shall notify the PNP or the NBI within seven (7) days proper authorities, furnish the particulars of users confidential and kept under seal. Except
from obtaining facts and circumstances that child who gained or attempted to gain access to an upon written request and order of the
pornography is being committed in their internet address that contains any form of child court, a record shall be released only to the
premises. Provided, That public display of any form pornography. following:
of child pornography within their premises is a
conclusive presumption of the knowledge of the An internet content host who shall knowingly, (1) Members of the court staff for
mall owners/operators and owners or lessors of willfully and intentionally violate this provision shall administrative use;
other business establishments of the violation of be subject to the penalty provided under Section
this Act: Provided, further, That a disputable 15(j) of this Act: Provided, That the failure of the (2) The prosecuting attorney;
presumption of knowledge by mall internet content host to remove any form of child
owners/operators and owners or lessors of other pornography within forty-eight (48) hours from (3) Defense counsel;
business establishments should know or reasonably receiving the notice that any form of child
know that a violation of this Act is being committed pornography is hitting its server shall be conclusive (4) The guardian ad litem;
in their premises. evidence of willful and intentional violation thereof.
(5) Agents of investigating law
Photo developers, information technology Section 12. Authority to Regulate Internet Café or enforcement agencies and
professionals, credit card companies and banks and Kiosk. - The local government unit (LGU) of the city
any person who has direct knowledge of any form or municipality where an internet café or kiosk is (6) Other persons as determined by
of child pornography activities shall have the duty to located shall have the authority to monitor and the court.
report any suspected child pornography materials regulate the establishment and operation of the
or transactions to the proper authorities within same or similar establishments in order to prevent (d) Any form of child pornography that is
seven (7) days from discovery thereof. violation of the provisions of this Act. part of the court records shall be subject to
a protective order that provides as follows:
Any willful and intentional violation of this provision Section 13. Confidentiality. - The right to privacy of
shall be subject to the penalty provided under the child shall be ensured at any stage of the (1) Any form of child pornography
Section 15(l) of this Act. investigation, prosecution and trial of an offense may be viewed only by the parties,
under this Act. Towards this end, the following rules their counsel, their expert witness
Section 11. Duties of an Internet Content Host. - An shall be observed: and guardian ad litem;
internet content host shall:
 (2) Neither form of child The child and his family shall be entitled to (d) Any person found guilty of violating
pornography nor any portion protection as well as to the rights and benefits of Section 4(g) of this Act shall suffer the
thereof shall be divulged to any witnesses under Republic Act No. 6981, otherwise penalty of reclusion temporal in its
other person, except as necessary known as "The Witness Protection, Security and minimum period and a fine of not less than
for investigation, prosecution or Benefit Act". Five hundred thousand pesos
trial; and (Php500,000.00) but not more than Seven
The child shall also be considered as a victim of a hundred thousand pesos (Php700,000.00);
(3) No person shall be granted violent crime defined under Section 3(d) of Republic
access to any form of child Act No. 7309, otherwise known as "An Act Creating (e) Any person found guilty of violating
pornography or any part thereof a Board of Claims under the Department of Justice Section 4(h) of this Act shall suffer the
unless he/she signs a written for Victims of Unjust Imprisonment or Detention penalty of prision mayor in its maximum
affirmation that he/she has and Victims of Violent Crimes and for Other period and a fine of not less than Three
received and read a copy of the Purposes", so that the child may claim hundred thousand pesos (Php300,000.00)
protection order; that he/she compensation therein. but not more than Five hundred thousand
submits to the jurisdiction of the pesos (Php500,000.00);
court with respect to the protective Section 15. Penalties and Sanctions. - The following
order; and that, in case of violation penalties and sanctions are hereby established for (f) Any person found guilty of violating
thereof, he/she will be subject to offenses enumerated in this Act: Section 4(I) of this Act shall suffer the
the contempt power of the court; penalty of prision mayor in its minimum
and (a) Any person found guilty of syndicated period and a fine of not less than Three
child pornography as defined in Section 5 of hundred thousand pesos (php300,000.00)
(e) In cases when prosecution or trial is this Act shall suffer the penalty of reclusion but not more than Five hundred thousand
conducted behind closed doors, it shall be perpetua and a fine of not less than Two pesos (Php500,000.00);
unlawful for any editor, publisher and million pesos (Php2,000,000.00) but not
reporter or columnist in case of printed more than Five million pesos (g) Any person found guilty of violating
materials, announcer or producer in case of (Php5,000,000.00); Section 4(j) of this Act shall suffer the
television and radio, producer and director penalty of prision correccional in its
of a film in case of the movie industry, or (b) Any person found guilty of violating maximum period and a fine of not less than
any person utilizing the tri-media facilities Section 4(a), (b) and (c) of this Act shall Two hundred thousand pesos
or information technology to publish or suffer the penalty of reclusion temporal in (Php200,000.00) but not more than Three
broadcast the names of the victims of any its maximum period and a fine of not less hundred thousand pesos (Php300,000.00);
case of child pornography. than One million pesos (Php1,000,000.00)
but not more than Two million (h) Any person found guilty of violating
Any violation of this provision shall be subject to the (Php2,000,000.00); Section 4(k) of this Act shall suffer the
penalty provided for under Section 15(m) of this penalty of prision correccional in its medium
Act. (c) Any person found guilty of violating period and a fine of not less than One
Section 4(d), (e) and (f) of this Act shall hundred thousand pesos (php100,000.00)
Section 14. Care, Custody and Treatment of a Child suffer the penalty of reclusion temporal in but not more than Two hundred fifty
Victim. - The DSWD shall ensure that the child who its medium period and a fine of not less thousand pesos (php250,000.00);
is a victim of any form of child pornography is than Seven hundred fifty thousand pesos
provided appropriate care, custody and support for (Php750,000.00) but not more than One (i) Any person found guilty of violating
their recovery and reintegration in accordance with million pesos (Php1,000,000.00); Section 4(l) of this Act shall suffer the
existing laws. penalty of arresto mayor in its minimum
period and a fine of not less than Fifty
thousand pesos (Php50,000.00) but not offense. In the case of a subsequent (d) The penalty provided for in this Act shall
more than One hundred thousand pesos offense, the penalty shall be a fine of not be imposed in its maximum duration if the
(Php100,000.00); less than Two million pesos offender is a public officer or employee.
(Php2,000,000.00) but not more than Three
(j) Any person found guilty of violating million pesos (Php3,000,000.00) and Section 17. Confiscation and Forfeiture of the
Section 11 of this Act shall suffer the revocation of its license to operate and Proceeds, Tools and Instruments Used in Child
penalty of prision correccional in its medium immediate closure of the establishment; Pornography. - In addition to the penalty imposed
period and a fine of not less than One and for the violation of this Act, the court shall order the
million pesos (Php1,000,000.00) but not confiscation and forfeiture in favor of the
more than Two million pesos (m) Any person found guilty of violating government of all the proceeds, tools and
(Php2,000,000.00) for the first offense. In Section 13 of this Act shall suffer the instruments used in the commission of the crime,
the case of a subsequent offense, the penalty of arresto mayor in its minimum unless they are the property of a third person not
penalty shall be a fine not less than Two period and a fine of not less than One liable for the unlawful act; Provided, however, That
million pesos (Php2,000,000.00) but not hundred thousand pesos (Php100,000.00) all awards for damages shall be taken from the
more than Three million pesos but not more than Three hundred thousand personal and separate properties of the
(Php3,000,000.00) and revocation of its pesos (Php300,000.00). offender; Provided, further, That if such properties
license to operate and immediate closure of are insufficient, the deficiency shall be taken from
the establishment; Section 16. Common Penal Provisions. - the confiscated and forfeited proceeds, tools and
instruments.
(k) Any ISP found guilty of willfully and (a) If the offender is a parent, ascendant,
knowingly failing to comply with the notice guardian, step-parent or collateral relative All proceeds derived from the sale of properties
and installation requirements under Section within the third degree of consanguinity or used for the commission of any form of child
9 of this Act shall suffer the penalty of a fine affinity or any person having control or pornography shall accrue to the special account of
of not less than Five hundred thousand moral ascendancy over the child, the the DSWD which shall be used exclusively for the
pesos (Php500,000.00) but not more than penalty provided herein shall be in its implementation of this Act.
One million pesos (Php1,000,000.00) for the maximum duration; Provided, That this
first offense. In case of subsequent offense, provision shall not apply to Section 4(g) of When the proceeds, tools and instruments used in
the penalty shall be a fine of not less than this Act; the commission of the offense have been destroyed
One million pesos (Php1,000,000.00) but diminished in value or otherwise rendered
not more than Two million pesos (b) If the offender is a juridical person, the worthless by any act or omission, directly or
(Php2,000,000.00) and revocation of its penalty shall be imposed upon the owner, indirectly, of the offender, or it has been concealed,
license to operate; manager, partner, member of the board of removed, converted or transferred to prevent the
directors and/or any responsible officer same from being found or to avoid forfeiture or
(l) Any mall owner-operator and owner or who participated in the commission of the confiscation, the offender shall be ordered to pay
lessor of other business establishments crime or shall have knowingly permitted or the amount equal to the value of the proceeds,
including photo developers, information failed to prevent its commissions; tools and instruments used in the commission of the
technology professionals, credit card offense.1avvphi1
companies and banks, found guilty of (c) If the offender is a foreigner, he/she shall
willfully and knowingly failing to comply be immediately deported after the Section 18. Mandatory Services to Victims of Child
with the notice requirements under Section complete service of his/her sentence and Pornography. - To ensure recovery, rehabilitation
10 of this Act shall suffer the penalty of a shall forever be barred from entering the and reintegration into the mainstream of society
fine of not less than One million pesos country; and concerned government agencies and the LGUs shall
(Php1,000,000.00) but not more than Two make available the following services to victims of
million pesos (Php2,000,000.00) for the first any form of child pornography:
 (a) Emergency shelter or appropriate establishment of a data collection system (i) Executive Director of the Philippine
housing; for monitoring and evaluation purposes; Center for Transnational Crimes;

(b) Counseling; (c) Provision of necessary technical and (j) Executive Director of the Optical Media
material support services to appropriate Board;
(c) Free legal services, which shall include government agencies and nongovernmental
information about the victim's rights and organizations: (k) Director of the National Bureau of
the procedure for filing of complaints, Investigation; and
claims for compensation and such other (d) Sponsorship of conferences and
legal remedies available to them in a seminars to provide venue for consensus (l) Three (3) representatives from children's
language understood by the child; building amongst the public, the academe , nongovernmental organizations. These
government, nongovernmental and representatives shall be nominated by the
(d) Medical or psychological services; international organizations and government agency representatives of the
Council for appointment by the President
(e) Livelihood and skills training; and (e) Promotion of information and education for a term of three (3) years and may be
campaign. renewed upon renomination and
(f) Educational assistance. reappointment by the Council and the
Section 20. Inter - Agency Council against Child President respectively.
Sustained supervision and follow through Pornography. - There is hereby established an Inter-
mechanism that will track the progress of recovery, Agency Council against Child Pornography to be The members of the Council mat designate their
rehabilitation and reintegration of the child victims composed of the Secretary of the DSWD as permanent representatives, who shall have a rank
shall adopted and carried out. chairperson and the following as members: not lower than assistant secretary or its equivalent,
to meetings and shall receive emoluments as may
Section 19. Programs for Victims of Child (a) Secretary of the Department of Justice: be determined by the Council in accordance with
Pornography. The Inter-Agency Council Against existing budget and accounting rules and
Child Pornography created under Section 20 of this (b) Secretary of the Department of Labor regulations.
Act shall develop and implement the necessary and Employment
programs that will prevent any form of child The DSWD shall establish the necessary Secretariat
pornography, as well as protect, heal and (c) Secretary of the Department of Science for the Council.
reintegrate the child into the mainstream of society. and Technology
Such programs shall include beat but not limited to Section 21. Functions of the Council. - The Council
the following: (d) Chief of the Philippine National Police; shall have the following powers and functions:

(a) Provision of mandatory services (e) Chairperson of the Commission on (a) Formulate comprehensive and
including counseling free legal services, Information and Communications integrated plans and programs to prevent
medical or psychological services, livelihood Technology; and suppress any form of child
and skills training and educational pornography;
assistance to the child pursuant to Section (g) Commissioner of the National
18 of this Act; Telecommunications Commission; (b) Promulgate rules and regulations as may
be necessary for the effective
(b) Sponsorship of a national research (h) Executive Director of the Council for the implementation of this Act;
program on any form of child pornography Welfare of Children;
and other acts covered by the law and the
(c) Monitor and oversee the strict (k) develop the mechanism to ensure the proceeds or monetary instrument or properly
implementation of this Act; timely, coordinated and effective response located in the Philippines used in connection with
to cases of child pornography; child pornography in the court; Provided, That if the
(d) Coordinate the programs and projects of DOJ refuses to act on the request of for delaying the
the various members agencies effectively (l) Recommend measures to enhance execution thereof: Provided, further, That the
address the issues and problems attendant cooperative efforts and mutual assistance principles of mutuality and reciprocity shall, for this
to child pornography; among foreign countries through bilateral purpose, be at all times recognized.
and/or multilateral arrangements to
(e) Conduct and coordinate massive prevent and suppress any form of child Section 23. Extradition. - The DOJ, in consultation
information disseminations and campaign pornography; with the Department of Foreign Affairs (DFA), shall
on the existence of the law and the various endeavor to include child pornography among
issues and problems attendant to child (m) Adopt measures and policies to protect extraditable offenses in future treaties.
pornography; the rights and needs of the victims of child
pornography who are foreign nationals in Section 24. Congressional Oversight Committee. -
(f) Direct other agencies to immediately the Philippines; There is hereby created a Congressional Oversight
respond to the problems brought to their Committee composed of five (5) members from the
attention and report to the Council on the (n) maintain a database of cases of child Senate and five (5) members from the House of
action taken; pornography; Representatives. The members from the Senate
shall be appointed by the Senate President based on
(g) Assist in the filling of cases against (o) Initiate training programs in identifying proportional representation of the parties or
individuals, agencies, institutions or and providing the necessary intervention or coalition therein with at least one (1) member
establishments that violate the provisions of assistance to victims of child pornography. representing the Minority. The members from the
this Act; House of Representative shall be appointed by the
(p) Submit to the President and the Speaker, also based on proportional representation
(h) Formulate a program for the Congressional Oversight committee of the parties or coalitions therein with the Chair of
reintegration of victims of child credited herein the annual report on the the House of Committee on Welfare of Children and
pornography; policies, plans, programs and activities of at least one (1) member representing the Minority
the Council relative to the implementation
(i) Secure from any department, bureau, of this Act; and The Committee shall be headed by the respective
office, agency or instrumentality of the Chairs of the Senate Committee on Youth, Women
government or from NGOs and other civic (q) Exercise all the powers and perform and Family relations and the House of
organizations such assistance as may be such other functions necessary to attain the Representatives Committee on Justice. The
needed to effectively implement this Act; purposes and objectives of this Act. Secretariat of the Congressional Oversight
Committee shall come from the existing Secretariat
(j) Complement the shared government Section 22. Child Pornography as a Transnational personnel of the Committees of the Senate and the
information system relative to child abuse Crime. - Pursuant to the Convention on House of Representatives concerned.
and exploitation and ensure that the proper transnational Organized Crime, the DOJ may
agencies conduct a continuing research and execute the request of a foreign state for assistance The Committee shall monitor and ensure the
study on the patterns and schemes of any in the investigation or prosecution of any form of effective implementation of this Act, determine
form of child pornography which form basis child pornography by: (1) conducting a preliminary inherent weakness and loopholes in the law.
for policy formulation and program investigation against the offender and, if Recommend the necessary remedial legislator or
direction; appropriate, to file the necessary charges in court; administrative measures and perform such other
(2) giving information needed by the foreign state; duties and functions as may be necessary to attain
and (3) to apply for an order of forfeiture of any the objectives of this Act.
Section 25. Appropriations. - The amount necessary Section 1. Short Title. - This Act shall be known measures necessary to foster and promote the
to implement the provisions of the Anti-Child as "The Magna Carta of Women". equal opportunity for women to participate in and
Pornography Act and the operationalization of the contribute to the development of the political,
Inter-Agency Council Against Child Pornography Section 2. Declaration of Policy. - Recognizing that economic, social, and cultural realms.
shall be included in the annual General the economic, political, and sociocultural realities
Appropriations Act. affect women's current condition, the State affirms The State, in ensuring the full integration of
the role of women in nation building and ensures women's concerns in the mainstream of
Section 26. Implementing Rules and Regulations. - the substantive equality of women and men. It shall development, shall provide ample opportunities to
The Inter- Agency Council Against Child promote empowerment of women and pursue enhance and develop their skills, acquire productive
pornography shall promulgate the necessary equal opportunities for women and men and ensure employment and contribute to their families and
implementing rules and regulations within ninety equal access to resources and to development communities to the fullest of their capabilities.
(90) days from the effectivity of this Act. results and outcome. Further, the State realizes that
equality of men and women entails the abolition of In pursuance of this policy, the State reaffirms the
Section 27. Suppletory Application of the Revised the unequal structures and practices that right of women in all sectors to participate in policy
Penal Code. - The Revised penal Code shall be perpetuate discrimination and inequality. To realize formulation. planning, organization,
suppletorily applicable to this Act. this, the State shall endeavor to develop plans, implementation, management, monitoring, and
policies, programs, measures, and mechanisms to evaluation of all programs, projects, and services. It
Section 28. Separability Clause. - If any part of this address discrimination and inequality in the shall support policies, researches, technology, and
Act is declared unconstitutional or invalid, the other economic, political, social, and cultural life of training programs and other support services such
provisions not affected thereby shall continue to be women and men. as financing, production, and marketing to
in full force and effect. encourage active participation of women in national
The State condemns discrimination against women development.
Section 29. Repealing Clause. - All laws, presidential in all its forms and pursues by all appropriate means
decrees, executive orders, administrative orders, and without delay the policy of eliminating Section 3. Principles of Human Rights of Women. -
rules and regulations inconsistent with or contrary discrimination against women in keeping with the Human rights are universal and inalienable. All
to the provisions of this Act are deemed amended, Convention on the Elimination of All Forms of people in the world are entitled to them. The
modified or repealed accordingly. Discrimination Against Women (CEDAW) and other universality of human rights is encompassed in the
international instruments consistent with Philippine words of Article 1 of the Universal Declaration of
Section 30. Effectivity. - This Act shall effect after law. The State shall accord women the rights, Human Rights, which states that all human beings
fifteen (15) days following its complete publication protection, and opportunities available to every are free and equal in dignity and rights.
in the Official Gazette or in at least two (2) member of society.
newspapers of general circulation. Human rights are indivisible. Human rights are
The State affirms women's rights as human rights inherent to the dignity of every human being
REPUBLIC ACT No. 9710 August 14, 2009 and shall intensify its efforts to fulfill its duties whether they relate to civil, cultural, economic,
under international and domestic law to recognize, political, or social issues.
AN ACT PROVIDING FOR THE MAGNA CARTA OF respect, protect, fulfill, and promote all human
WOMEN rights and fundamental freedoms of women, Human rights are interdependent and interrelated.
especially marginalized women, in the economic, The fulfillment of one right often depends, wholly or
Be it enacted by the Senate and House of social, political, cultural, and other fields without in part, upon the fulfillment of others.
Representatives of the Philippines in Congress distinction or discrimination on account of class,
assembled:: age, sex, gender, language, ethnicity, religion, All individuals are equal as human beings by virtue
ideology, disability, education, and status. The State of the inherent dignity of each human person. No
shall provide the necessary mechanisms to enforce one, therefore, should suffer discrimination on the
women's rights and adopt and undertake all legal basis of ethnicity, gender, age, language, sexual
orientation, race, color, religion, political, or other (b) "Discrimination Against Women" refers (d) "Marginalized" refers to the basic,
opinion, national, social, or geographical origin, to any gender-based distinction, exclusion, disadvantaged, or vulnerable persons or
disability, property, birth, or other status as or restriction which has the effect or groups who are mostly living in poverty and
established by human rights standards. purpose of impairing or nullifying the have little or no access to land and other
recognition, enjoyment, or exercise by resources, basic social and economic
All people have the right to participate in and access women, irrespective of their marital status, services such as health care, education,
information relating to the decision- making on a basis of equality of men and women, of water and sanitation, employment and
processes that affect their lives and well-being. human rights and fundamental freedoms in livelihood opportunities, housing, social
Rights-based approaches require a high degree of the political, economic, social, cultural, civil, security, physical infrastructure; and the
participation by communities, civil society, or any other field. justice system.
minorities, women, young people, indigenous
peoples, and other identified groups. It includes any act or omission, including by These include, but are not limited to,
law; policy, administrative measure, or women in the following sectors and groups:
States and other duty-bearers are answerable for practice, that directly or indirectly excludes
the observance of human rights. They have to or restricts women in the recognition and (1) "Small Farmers and Rural
comply with the legal norms and standards promotion of their rights and their access to Workers" refers to those who are
enshrined in international human rights instruments and enjoyment of opportunities, benefits, engaged directly or indirectly in
in accordance with the Philippine Constitution. or privileges. small farms and forest areas,
Where they fail to do so, aggrieved rights-holders workers in commercial farms and
are entitled to institute proceedings for appropriate A measure or practice of general application plantations, whether paid or
redress before a competent court or other is discrimination against women if it fails to unpaid, regular or season-bound.
adjudicator in accordance with the rules and provide for mechanisms to offset or address These shall include. but are not
procedures provided by law. sex or gender-based disadvantages or limited to, (a) small farmers who
limitations of women, as a result of which own or are still amortizing for lands
CHAPTER II women are denied or restricted in the that is not more than three (3)
DEFINITION OF TERMS recognition and protection of their rights hectares, tenants, leaseholders, and
and in their access to and enjoyment of stewards; and (b) rural workers who
Section 4. Definitions. - For purposes of this Act, the opportunities, benefits, or privileges; or are either wage earners, self-
following terms shall mean: women, more than men, are shown to have employed, unpaid family workers
suffered the greater adverse effects of directly and personally engaged in
(a) "Women Empowerment" refers to the those measures or practices. agriculture, small-scale mining,
provision, availability, and accessibility of handicrafts, and other related farm
opportunities, services, and observance of Provided, finally, That discrimination and off-farm activities;
human rights which enable women to compounded by or intersecting with other
actively participate and contribute to the grounds, status, or condition, such as (2) "Fisherfolk" refers to those
political, economic, social, and cultural ethnicity, age, poverty, or religion shall be directly or indirectly engaged in
development of the nation as well as those considered discrimination against women taking, culturing, or processing
which shall provide them equal access to under this Act. fishery or aquatic resources. These
ownership, management, and control of include, but are not to be limited to,
production, and of material and (c) "Marginalization" refers to a condition women engaged in fishing in
informational resources and benefits in the where a whole category of people is municipal waters, coastal and
family, community, and society. excluded from useful and meaningful marine areas, women workers in
participation in political, economic, social, commercial fishing and aquaculture,
and cultural life. vendors and processors of fish and
coastal products, and subsistence (6) "Migrant Workers" refers to "The Indigenous Peoples Rights Act
producers such as shell-gatherers, Filipinos who are to be engaged, are of 1997" (IPRA of 1997);
managers, and producers of engaged, or have been engaged in a
mangrove resources, and other remunerated activity in a State of (8) "Moro" refers to native peoples
related producers: which they are not legal residents, who have historically inhabited
whether documented or Mindanao, Palawan, and Sulu, and
(3) "Urban Poor" refers to those undocumented; who are largely of the Islamic faith;
residing in urban and urbanizable
slum or blighted areas, with or (7) "Indigenous Peoples" refers to a (9) "Children" refers to those who
without the benefit of security of group of people or homogenous are below eighteen (18) years of
abode, where the income of the societies identified by self- age or over but are unable to fully
head of the family cannot afford in ascription and ascription by other, take care of themselves or protect
a sustained manner to provide for who have continuously lived as themselves from abuse, neglect,
the family's basic needs of food, organized community on cruelty, exploitation, or
health, education, housing, and communally bounded and defined discrimination because of a physical
other essentials in life; territory, and who have, under or mental disability or condition;
claims of ownership since time
(4) "Workers in the Formal immemorial, occupied; possessed (10) "Senior Citizens" refers to
Economy" refers to those who are customs, tradition, and other those sixty (60) years of age and
employed by any person acting distinctive cultural traits, or who above;
directly or indirectly in the interest have, through resistance to
of an employer in relation to an political, social, and cultural inroads (11) "Persons with Disabilities"
employee and shall include the of colonization, non- indigenous refers to those who are suffering
government and all its branches, religions and culture, became from restriction or different
subdivisions, and instrumentalities, historically differentiated from the abilities, as a result of a mental,
all government- owned and - majority of Filipinos. They shall physical, or sensory impairment to
controlled corporations and likewise include peoples who are perform an activity in the manner
institutions, as well as nonprofit regarded as indigenous on account or within the range considered
private institutions or organizations; of their descent from the normal for a human being; and
populations which inhabited the
(5) "Workers in the Informal country, at the dime of conquest or (12) "Solo Parents" refers to those
Economy" refers to self-employed, colonization, or at the time of who fall under the category of a
occasionally or personally hired, inroads of non-indigenous religions solo parent defined under Republic
subcontracted, paid and unpaid and cultures, or the establishment Act No. 8972, otherwise known as
family workers in household of present state boundaries, who the "Solo Parents Welfare Act of
incorporated and unincorporated retain some or all of their own 2000".
enterprises, including home social, economic, cultural, and
workers, micro-entrepreneurs and political institutions, but who may (e) "Substantive Equality" refers to the full
producers, and operators of sari- have been displaced from their and equal enjoyment of rights and
sari stores and all other categories traditional domains or who may freedoms contemplated under this Act. It
who suffer from violation of have resettled outside their encompasses de jure and de facto equality
workers' rights: ancestral domains as defined under and also equality in outcomes.
Section 3(h), Chapter II of Republic
Act No. 8371, otherwise known as
(f) "Gender Equality" refers to the principle (i) "Gender Mainstreaming" refers to the women, non-spousal violence, and
asserting the equality of men and women strategy for making women's as well as violence related to exploitation;
and their right to enjoy equal conditions men's concerns and experiences an integral
realizing their full human potentials to dimension of the design, implementation, (2) Physical, sexual, and
contribute to and benefit from the results of monitoring, and evaluation of policies and psychological violence occurring
development, and with the State programs in all political, economic, and within the general community,
recognizing that all human beings are free societal spheres so that women and men including rape, sexual abuse, sexual
and equal in dignity and rights. benefit equally and inequality is not harassment, and intimidation at
perpetuated. It is the process of assessing work, in educational institutions
(g) "Gender Equity" refers to the policies, the implications for women and men of any and elsewhere, trafficking in
instruments, programs, services, and planned action, including legislation, women, and prostitution; and
actions that address the disadvantaged policies, or programs in all areas and at all
position of women in society by providing levels. (3) Physical, sexual, and
preferential treatment and affirmative psychological violence perpetrated
action. Such temporary special measures (j) "Temporary Special Measures" refers to a or condoned by the State, wherever
aimed at accelerating de facto equality variety of legislative, executive, it occurs.
between men and women shall not be administrative, and regulatory instruments,
considered discriminatory but shall in no policies, and practices aimed at accelerating It also includes acts of violence against
way entail as a consequence the this de facto equality of women in specific women as defused in Republic Acts No.
maintenance of unequal or separate areas. These measures shall not be 9208 and 9262.
standards. These measures shall be considered discriminatory but shall in no
discontinued when the objectives of way entail as a consequence the (l) "Women in the Military" refers to women
equality of opportunity and treatment have maintenance of unequal or separate employed in the military, both in the major
been achieved. standards. They shall be discontinued when and technical services, who are performing
their objectives have been achieved. combat and/or noncombat functions,
(h) "Gender and Development (GAD)" refers providing security to the State, and
to the development perspective and (k) "Violence Against Women" refers to any protecting the people from various forms of
process that are participatory and act of gender-based violence that results in, threat. It also includes women trainees in all
empowering, equitable, sustainable, free or is likely to result in, physical, sexual, or military training institutions.
from violence, respectful of human rights, psychological harm or suffering to women,
supportive of self-determination and including threats of such acts, coercion, or (m) "Social Protection" refers to policies and
actualization of human potentials. It seeks arbitrary deprivation of liberty, whether programs that seek to reduce poverty and
to achieve gender equality as a fundamental occurring in public or in private life. It shall vulnerability to risks and enhance the social
value that should be reflected in be understood to encompass, but not status and rights of all women, especially
development choices; seeks to transform limited to, the following: the marginalized by promoting and
society's social, economic, and political protecting livelihood and employment,
structures and questions the validity of the (1) Physical, sexual, psychological, protecting against hazards and sudden loss
gender roles they ascribed to women and and economic violence occurring in of income, and improving people's capacity
men; contends that women are active the family, including battering, to manage risk. Its components are labor
agents of development and not just passive sexual abuse of female children in market programs, social insurance, social
recipients of development assistance; and the household, dowry-related welfare, and social safety nets.
stresses the need of women to organize violence, marital rape, and other
themselves and participate in political traditional practices harmful to
processes to strengthen their legal rights.
CHAPTER III Section 6. Duties of the State Agencies and (b) Women shall have the right to protection and
DUTIES RELATED TO THE HUMAN RIGHTS OF Instrumentalities. - These duties of the State shall security in situations of armed conflict and
WOMEN extend to all state agencies, offices, and militarization. Towards this end, they shall be
instrumentalities at all levels and government- protected from all forms of gender-based violence,
The State, private sector, society in general, and all owned and -controlled corporations, subject to the particularly rape and other forms of sexual abuse,
individuals shall contribute to the recognition, Constitution and pertinent laws, policies, or and all forms of violence in situations of armed
respect, and promotion of the rights of women administrative guidelines that define specific duties conflict. The State shall observe international
defined and guaranteed under this Act. of state agencies and entities concerned. standards for the protection of civilian population in
circumstances of emergency and armed conflict. It
Section 5. The State as the Primary Duty-Bearer. - Section 7. Suppletory Effect. - This chapter shall be shall not force women, especially indigenous
The State, as the primary duty-bearer, shall: deemed integrated into and be suppletory to other peoples, to abandon their lands, territories, and
provisions of this Act, particularly those that means of subsistence, or relocate them in special
(a) Refrain from discriminating against guarantee specific rights to women and define centers for military purposes under any
women and violating their rights; specific roles and require specific conduct of state discriminatory condition.
organs.
(b) Protect women against discrimination (c) All government personnel involved in the
and from violation of their rights by private CHAPTER IV protection and defense of women against gender-
corporations, entities, and individuals; and RIGHTS AND EMPOWERMENT based violence shall undergo a mandatory training
on human rights and gender sensitivity pursuant to
(c) Promote and fulfill the rights of women Section 8. Human Rights of Women. - All rights in this Act.
in all spheres, including their rights to the Constitution and those rights recognized under
substantive equality and non- international instruments duly signed and ratified (d) All local government units shall establish a
discrimination. by the Philippines, in consonance with Philippine Violence Against Women's Desk in every barangay
law, shall be rights of women under this Act to be to ensure that violence against women cases are
The State shall fulfill these duties through law, enjoyed without discrimination. fully addressed in a gender-responsive manner.
policy, regulatory instruments, administrative
guidelines, and other appropriate measures, Section 9. Protection from Violence. - The State Section 10. Women Affected by Disasters,
including temporary special measures. shall ensure that all women shall be protected from Calamities, and Other Crisis Situations. - Women
all forms of violence as provided for in existing laws. have the right to protection and security in times of
Recognizing the interrelation of the human rights of Agencies of government shall give priority to the disasters, calamities, and other crisis situations
women, the State shall take measures and establish defense and protection of women against gender- especially in all phases of relief, recovery,
mechanisms to promote the coherent and based offenses and help women attain justice and rehabilitation, and construction efforts. The State
integrated implementation, and enforcement of this healing. shall provide for immediate humanitarian
Act and related laws, policies, or other measures to assistance, allocation of resources, and early
effectively stop discrimination against and advance Towards this end, measures to prosecute and resettlement, if necessary. It shall also address the
the rights of women. reform offenders shall likewise be pursued. particular needs of women from a gender
perspective to ensure their full protection from
The State shall keep abreast with and be guided by (a) Within the next five (5) years, there shall be an sexual exploitation and other sexual and gender-
progressive developments in human rights of incremental increase in the recruitment and training based violence committed against them. Responses
women under international law and design of of women in the police force, forensics and medico- to disaster situations shall include the provision of
policies, laws, and other measures to promote the legal, legal services, and social work services availed services, such as psychosocial support, livelihood
objectives of this Act. of by women who are victims of gender-related support, education, psychological health, and
offenses until fifty percent (50%) of the personnel comprehensive health services, including protection
thereof shall be women. during pregnancy.
Section 11. Participation and Representation. - The (e) Integration of Women in Political Parties. Section 14. Women in Sports. - The State shall
State shall undertake temporary special measures - The State shall provide incentives to develop, establish, and strengthen programs for the
to accelerate the participation and equitable political parties with women's agenda. It participation of women and girl-children in
representation of women in all spheres of society shall likewise encourage the integration of competitive and noncompetitive sports as a means
particularly in the decision-making and policy- women in their leadership hierarchy, to achieve excellence, promote physical and social
making processes in government and private internal policy-making structures, well-being, eliminate gender-role stereotyping, and
entities to fully realize their role as agents and appointive, and electoral nominating provide equal access to the full benefits of
beneficiaries of development. processes; and development for all persons regardless of sex,
gender identity, and other similar factors.
The State shall institute the following affirmative (f) Private Sector. - The State shall take
action mechanisms so that women can participate measures to encourage women leadership For this purpose, all sports-related organizations
meaningfully in the formulation, implementation, in the private sector in the form of shall create guidelines that will establish and
and evaluation of policies, plans, and programs for incentives. integrate affirmative action as a strategy and gender
national, regional, and local development: equality as a framework in planning and
Section 12. Equal Treatment Before the Law. - The implementing their policies, budgets, programs, and
(a) Empowerment within the Civil Service. - State shall take steps to review and, when activities relating to the participation of women and
Within the next five (5) years, the number necessary, amend and/or repeal existing laws that girls in sports.
of women in third (3rd) level positions in are discriminatory to women within three (3) years
government shall be incrementally from the effectivity of this Act. The State will also provide material and nonmaterial
increased to achieve a fifty-fifty (50-50) incentives to local government units, media
gender balance; Section 13. Equal Access and Elimination of organizations, and the private sector for promoting,
Discrimination in Education, Scholarships, and training, and preparing women and girls for
(b) Development Councils and Planning Training. - (a) The State shall ensure that gender participation in competitive and noncompetitive
Bodies. - To ensure the participation of stereotypes and images in educational materials sports, especially in local and international events,
women in all levels of development and curricula are adequately and appropriately including, but not limited to, the Palarong
planning and program implementation, at revised. Gender-sensitive language shall be used at Pambansa, Southeast Asian Games, Asian Games,
least forty percent (40%) of membership of all times. Capacity-building on gender and and the Olympics.
all development councils from the regional, development (GAD), peace and human rights,
provincial, city, municipal and barangay education for teachers, and all those involved in the No sports event or tournament will offer or award a
levels shall be composed of women; education sector shall be pursued toward this end. different sports prize, with respect to its amount or
Partnerships between and among players of the value, to women and men winners in the same
(c) Other Policy and Decision-Making education sector, including the private sector, sports category: Provided, That the said
Bodies. - Women's groups shall also be churches, and faith groups shall be encouraged. tournament, contest, race, match, event, or game is
represented in international, national, and open to both sexes: Provided, further, That the
local special and decision-making bodies; (b) Enrollment of women in nontraditional skills sports event or tournament is divided into male or
training in vocational and tertiary levels shall be female divisions.
(d) International Bodies. - The State shall encouraged.
take all appropriate measures to ensure the The State shall also ensure the safety and well-being
opportunity of women, on equal terms with (c) Expulsion and non-readmission of women faculty of all women and girls participating in sports,
men and without any discrimination, to due to pregnant;- outside of marriage shall be especially, but not limited to, trainees, reserve
represent their governments at the outlawed. No school shall turn out or refuse members, members, coaches, and mentors of
international level and to participate in the admission to a female student solely on the account national sports teams, whether in studying, training,
work of international organizations; of her having contracted pregnancy outside of or performance phases, by providing them
marriage during her term in school. comprehensive health and medical insurance
coverage, as well as integrated medical, nutritional, government and nongovernment media-related the right of women to protection from hazardous
and healthcare services. organizations. It shall likewise endeavor to raise the drugs, devices, interventions, and substances.
consciousness of the general public in recognizing
Schools, colleges, universities, or any other learning the dignity of women and the role and contribution Access to the following services shall be ensured:
institution shall take into account its total women of women in the family; community, and the society
student population in granting athletic scholarship. through the strategic use of mass media. (1) Maternal care to include pre- and post-
There shall be a pro rata representation of women natal services to address pregnancy and
in the athletic scholarship program based on the For this purpose, the State shall ensure allocation of infant health and nutrition;
percentage of women in the whole student space; airtime, and resources, strengthen
population. programming, production, and image-making that (2) Promotion of breastfeeding;
appropriately present women's needs, issues, and
Section 15. Women in the Military. - The State shall concerns in all forms of media, communication, (3) Responsible, ethical, legal, safe, and
pursue appropriate measures to eliminate information dissemination, and advertising. effective methods of family planning;
discrimination of women in the military, police, and
other similar services, including revising or The State, in cooperation with all schools of (4) Family and State collaboration in youth
abolishing policies and practices that restrict journalism, information, and communication, as sexuality education and health services
women from availing of both combat and well as the national media federations and without prejudice to the primary right and
noncombat training that are open to men, or from associations, shall require all media organizations duty of parents to educate their children;
taking on functions other than administrative tasks, and corporations to integrate into their human
such as engaging in combat, security-related, or resource development components regular training (5) Prevention and management of
field operations. Women in the military shall be on gender equality and gender-based reproductive tract infections, including
accorded the same promotional privileges and discrimination, create and use gender equality sexually transmitted diseases, HIV, and
opportunities as men, including pay increases, guidelines in all aspects of management, training, AIDS;
additional remunerations and benefits, and awards production, information, dissemination,
based on their competency and quality of communication, and programming; and convene a (6) Prevention and management of
performance. Towards this end, the State shall gender equality committee that will promote reproductive tract cancers like breast and
ensure that the personal dignity of women shall gender mainstreaming as a framework and cervical cancers, and other gynecological
always be respected. affirmative action as a strategy, and monitor and conditions and disorders;
evaluate the implementation of gender equality
Women in the military, police, and other similar guidelines. (7) Prevention of abortion and management
services shall be provided with the same right to of pregnancy-related complications;
employment as men on equal conditions. Equally, Section 17. Women's Right to Health. - (a)
they shall be accorded the same capacity as men to Comprehensive Health Services. - The State shall, at (8) In cases of violence against women and
act in and enter into contracts, including marriage. all times, provide for a comprehensive, culture- children, women and children victims and
sensitive, and gender-responsive health services survivors shall be provided with
Further, women in the military, police; and other and programs covering all stages of a woman's life comprehensive health services that include
similar services shall be entitled to leave benefits cycle and which addresses the major causes of psychosocial, therapeutic, medical, and
such as maternity leave, as provided for by existing women's mortality and morbidity: Provided, That in legal interventions and assistance towards
laws. the provision for comprehensive health services, healing, recovery, and empowerment;
due respect shall be accorded to women's religious
Section 16. Nondiscriminatory and Nonderogatory convictions, the rights of the spouses to found a (9) Prevention and management of
Portrayal of Women in Media and Film. - The State family in accordance with their religious convictions, infertility and sexual dysfunction pursuant
shall formulate policies and programs for the and the demands of responsible parenthood, and to ethical norms and medical standards;
advancement of women in collaboration with
 (10) Care of the elderly women beyond take all appropriate measures to eliminate of the husband. Various statutes of other
their child-bearing years; and discrimination against women in all matters relating countries concerning dual citizenship that
to marriage and family relations and shall ensure: may be enjoyed equally by women and men
(11) Management, treatment, and shall likewise be considered.
intervention of mental health problems of (a) the same rights to enter into and leave
women and girls. In addition, healthy marriages or common law relationships Customary laws shall be
lifestyle activities are encouraged and referred to under the Family Code without respected: Provided, however, That they do not
promoted through programs and projects as prejudice to personal or religious beliefs; discriminate against women.
strategies in the prevention of diseases.
(b) the same rights to choose freely a CHAPTER V
(b) Comprehensive Health Information and spouse and to enter into marriage only with RIGHTS AND EMPOWERMENT OF MARGINALIZED
Education. - The State shall provide women in all their free and full consent. The betrothal SECTORS
sectors with appropriate, timely, complete, and and the marriage of a child shall have no
accurate information and education on all the legal effect; Women in marginalized sectors are hereby
above-stated aspects of women's health in guaranteed all civil, political, social, and economic
government education and training programs, with (c) the joint decision on the number and rights recognized, promoted, and protected under
due regard to the following: spacing of their children and to have access existing laws including, but not limited to, the
to the information, education and means to Indigenous Peoples Rights Act, the Urban
(1) The natural and primary right and duty enable them to exercise these rights; Development and Housing Act, the Comprehensive
of parents in the rearing of the youth and Agrarian Reform Law, the Fisheries Code, the Labor
the development of moral character and (d) the same personal rights between Code, the Migrant Workers Act, the Solo Parents
the right of children to be brought up in an spouses or common law spouses including Welfare Act, and the Social Reform and Poverty
atmosphere of morality and rectitude for the right to choose freely a profession and Alleviation Act.
the enrichment and strengthening of an occupation;
character; Section 20. Food Security and Productive
(e) the same rights for both spouses or Resources. - The State recognizes the contribution
(2) The formation of a person's sexuality common law spouses in respect of the of women to food production and shall ensure its
that affirms human dignity; and ownership, acquisition, management, sustainability and sufficiency with the active
administration, enjoyment, and disposition participation of women. Towards this end, the State
(3) Ethical, legal, safe, and effective family of property; shall guarantee, at all times, the availability in the
planning methods including fertility market of safe and health-giving food to satisfy the
awareness. (f) the same rights to properties and dietary needs of the population, giving particular
resources, whether titled or not, and attention to the specific needs of poor girl-children
Section 18. Special Leave Benefits for Women. - A inheritance, whether formal or customary; and marginalized women, especially pregnant and
woman employee having rendered continuous and lactating mothers and their young children. To
aggregate employment service of at least six (6) further address this, the State shall ensure:
months for the last twelve (12) months shall be (g) women shall have equal rights with men
entitled to a special leave benefit of two (2) months to acquire, change, or retain their (a) Right to Food. - The State shall
with full pay based on her gross monthly nationality. The State shall ensure in guarantee the availability of food in
compensation following surgery caused by particular that neither marriage to an alien quantity and quality sufficient to satisfy the
gynecological disorders. nor change of nationality by the husband dietary needs of individuals, the physical
during marriage shall automatically change and economic accessibility for everyone to
Section 19. Equal Rights in All Matters Relating to the nationality of the wife, render her adequate food that is culturally acceptable
Marriage and Family Relations. - The State shall stateless or force upon her the nationality and free from unsafe substances and
culturally accepted, and the accurate and possible, such as ancestral domain designed based on accessibility and
substantial information to the availability of claims: viability in consultation with
food, including the right to full, accurate, women's organizations;
and truthful information about safe and (4) Information and assistance in
health-giving foods and how to produce and claiming rights to the land shall be (10) Access to small farmer-based
have regular and easy access to them; made available to women at all and controlled seeds production
times; and distribution shall be ensured
(b) Right to Resources for Food Production. and protected;
- The State shall guarantee women a vital (5) Equal rights to women to the
role in food production by giving priority to enjoyment, use, and management (11) Indigenous practices of women
their rights to land, credit, and of land, water, and other natural in seed storage and cultivation shall
infrastructure support, technical training, resources within their communities be recognized, encouraged, and
and technological and marketing assistance. or ancestral domains; protected;
The State shall promote women-friendly
technology as a high priority activity in (6) Equal access to the use and (12) Equal rights shall be given to
agriculture and shall promote the right to management of fisheries and women to be members of farmers'
adequate food by proactively engaging in aquatic resources, and all the rights organizations to ensure wider
activities intended to strengthen access to, and benefits accruing to access to and control of the means
utilization of, and receipt of accurate and stakeholders in the fishing industry; of production;
substantial information on resources and
means to ensure women's livelihood, (7) Equal status shall be given to (13) Provide opportunities for
including food security: women and men in the issuance of empowering women fishers to be
stewardship or lease agreements involved in the control and
(1) Equal status shall be given to and other fishery rights that may be management, not only of the catch
women and men, whether married granted for the use and and production of aquamarine
or not, in the titling of the land and management of coastal and aquatic resources but also, to engage in
issuance of stewardship contracts resources. In the same manner, entrepreneurial activities which will
and patents; women's organizations shall be add value to production and
given equal treatment as with other marketing ventures; and
(2) Equal treatment shall be given to marginalized fishers organizations
women and men beneficiaries of in the issuance of stewardship or (14) Provide economic
the agrarian reform program, lease agreements or other fishery opportunities for the indigenous
wherein the vested right of a rights for the use and management women. particularly access to
woman agrarian reform beneficiary of such coastal and aquatic market for their produce.
is defined by a woman's resources which may include
relationship to tillage, i.e., her direct providing support to women- In the enforcement of the foregoing, the
and indirect contribution to the engaged coastal resources; requirements of law shall be observed at all times.
development of the land;
(8) There shall be no discrimination Section 21. Right to Housing. - The State shall
(3) Customary rights of women to against women in the deputization develop housing programs for women that are
the land, including access to and of fish wardens; localized, simple, accessible, with potable water,
control of the fruits and benefits, and electricity, secure, with viable employment
shall be recognized in circumstances (9) Women-friendly and sustainable opportunities and affordable amortization. In this
where private ownership is not agriculture technology shall be regard, the State shall consult women and involve
them in community planning and development, (c) In recognition of the temporary nature of (c) Equal opportunities in scholarships
especially in matters pertaining to land use, zoning, overseas work, the State shall exert all efforts to based on merit and fitness, especially to
and relocation. address the causes of out-migration by developing those interested in research and
local employment and other economic development aimed towards women-
Section 22. Right to Decent Work. - The State shall opportunities for women and by introducing friendly farm technology.
progressively realize and ensure decent work measures to curb violence and forced and
standards for women that involve the creation of involuntary displacement of local women. The State Section 25. Right to Representation and
jobs of acceptable quality in conditions of freedom, shall ensure the protection and promotion of the Participation. - The State shall ensure women's
equity, security, and human dignity. rights and welfare of migrant women regardless of participation in policy-making or decision-making
their work status, and protect them against bodies in the regional, national, and international
(a) Decent work involves opportunities for work that discrimination in wages, conditions of work, and levels. It shall also ensure the participation of
are productive and fairly remunerative as family employment opportunities in host countries. grassroots women leaders in decision and policy-
living wage, security in the workplace, and social making bodies in their respective sectors including,
protection for families, better prospects for Section 23. Right to Livelihood, Credit, Capital, and but not limited to, the Presidential Agrarian Reform
personal development and social integration, Technology. - The State shall ensure that women Council (PARC) and its local counterparts;
freedom for people to express their concerns are provided with the following: community-based resource management bodies or
organize, participate in the decisions that affect mechanisms on forest management and
their lives, and equality of opportunity and (a) Equal access to formal sources of credit stewardship; the National Fisheries and Aquatic
treatment for all women and men. and capital; Resources Management Council (NFARMC) and its
local counterparts; the National Commission on
(b) The State shall further ensure: (b) Equal share to the produce of farms and Indigenous Peoples; the Presidential Commission
aquatic resources; and for the Urban Poor; the National Anti-Poverty
(1) Support services and gears to protect Commission; and, where applicable, the local
them from occupational and health hazards (c) Employment opportunities for returning housing boards.
taking into account women's maternal women migrant workers taking into account
functions; their skills and qualifications. Corollarily, the Section 26. Right to Information. - Access to
State shall also promote skills and information regarding policies on women, including
(2) Support services that will enable women entrepreneurship development of returning programs, projects, and funding outlays that affect
to balance their family obligations and work women migrant workers. them, shall be ensured.
responsibilities including, but not limited to,
the establishment of day care centers and Section 24. Right to Education and Training. - The Section 27. Social Protection. -
breast-feeding stations at the workplace, State shall ensure the following:
and providing maternity leave pursuant to (a) The Social Security System (SSS) and the
the Labor Code and other pertinent laws; (a) Women migrant workers have the Philippine Health Insurance Corporation
opportunity to undergo skills training, if (PhilHealth) shall support indigenous and
(3) Membership in unions regardless of they so desire, before taking on a foreign community-based social protection
status of employment and place of job, and possible retraining upon return to schemes.
employment; and the country:
(b) The State shall institute policies and
(4) Respect for the observance of (b) Gender-sensitive training and seminars; programs that seek to reduce the poverty
indigenous peoples' cultural practices even and and vulnerability to risks and enhance the
in the workplace. social status and rights of the marginalized
women by promoting and protecting
livelihood and employment, protecting
 against hazards and sudden; loss of income, women's role in conflict- prevention and (a) Temporary and protective custody;
and improving people's capacity to manage peace-making and in indigenous system of
risks. conflict resolution; (b) Medical and dental services;

(c) The State shall endeavor to reduce and (b) Ensure the development and inclusion of (c) Psychological evaluation;
eventually eliminate transfer costs of women's welfare and concerns in the peace
remittances from abroad through agenda in the overall peace strategy and (d) Counseling;
appropriate bilateral and multilateral women's participation in the planning,
agreements. It shall likewise provide access implementation, monitoring, and evaluation (e) Psychiatric evaluation;
to investment opportunities for remittances of rehabilitation and rebuilding of conflict-
in line with national development efforts. affected areas; (f) Legal services;

(d) The State shall establish a health (c) The institution of measures to ensure (g) Productivity skills capability building;
insurance program for senior citizens and the protection of civilians in conflict-
indigents. affected communities with special (h) Livelihood assistance;
consideration for the specific needs of
(e) The State shall support women with women and girls: (i) Job placement;
disabilities on a community-based social
protection scheme. (d) Include the peace perspective in the (j) Financial assistance: and
education curriculum and other educational
Section 28. Recognition and Preservation of undertakings; and (k) Transportation assistance.
Cultural Identity and Integrity. - The State shall
recognize and respect the rights of Moro and (e) The recognition and support for Section 32. Protection of Girl-Children. - (a) The
indigenous women to practice, promote, protect, women's role in conflict-prevention, State shall pursue measures to eliminate all forms
and preserve their own culture, traditions, and management, resolution and peacemaking, of discrimination against girl-children in education,
institutions and to consider these rights in the and in indigenous systems of conflict health and nutrition, and skills development.
formulation and implementation of national policies resolution.
and programs. To this end, the State shall adopt (b) Girl-children shall be protected from all forms of
measures in consultation with the sectors Section 30. Women in Especially Difficult abuse and exploitation.
concerned to protect their rights to their indigenous Circumstances. - For purposes of this Act, "Women
knowledge systems and practices, traditional in Especially Difficult Circumstances" (WEDC) shall (c) Equal access of Moro and indigenous girl-
livelihood, and other manifestations of their refer to victims and survivors of sexual and physical children in the Madaris, schools of living culture and
cultures and ways of life: Provided, That these abuse, illegal recruitment, prostitution, trafficking, traditions, and the regular schools shall be ensured.
cultural systems and practices are not armed conflict, women in detention, victims and
discriminatory to women. survivors of rape and incest, and such other related (d) Gender-sensitive curriculum, including legal
circumstances which have incapacitated them literacy, books, and curriculum in the Madaris and
Section 29. Peace and Development. - The peace functionally. Local government units are therefore schools of living culture and traditions shall be
process shall be pursued with the following mandated to deliver the necessary services and
developed.
considerations: interventions to WEDC under their respective
jurisdictions.
(e) Sensitivity of regular schools to particular Moro
(a) Increase the number of women and indigenous practices, such as fasting in the
participating in discussions and decision- Section 31. Services and Interventions. - WEDC shall month of Ramadan, choice of clothing (including the
making in the peace process, including be provided with services and interventions as
membership in peace panels recognizing necessary such as, but not limited to, the following:
wearing of hijab), and availability of halal food shall as a strategy to promote women's human rights and (NEDA) and the Philippine Commission on
be ensured. eliminate gender discrimination in their systems, Women (PCW).
structures, policies, programs, processes, and
Section 33. Protection of Senior Citizens. - The State procedures which shall include, but not limited to, The utilization and outcome of the GAD
shall protect women senior citizens from neglect, the following: budget shall be annually monitored and
abandonment, domestic violence, abuse, evaluated in terms of its success in
exploitation, and discrimination. Towards this end, (a) Planning, budgeting, monitoring and influencing the gender-responsive
the State shall ensure special protective evaluation for GAD. GAD programs implementation of agency programs funded
mechanisms and support services against violence, addressing gender issues and concerns shall by the remaining ninety-five percent (95%)
sexual abuse, exploitation, and discrimination of be designed and implemented based on the budget.
older women. mandate of government agencies and local
government units, Republic Act No. 7192, The Commission on Audit (COA) shall
Section 34. Women are entitled to the recognition gender equality agenda of the government conduct an annual audit on the use of the
and protection of their rights defined and and other GAD-related legislation, policies, GAD budget for the purpose of determining
guaranteed under this Act including their right to and commitments. The development of its judicious use and the efficiency, and
nondiscrimination. GAD programs shall proceed from the effectiveness of interventions in addressing
conduct of a gender audit of the agency or gender issues towards the realization of the
Section 35. Discrimination Against Women is the local government unit and a gender objectives of the country's commitments,
Prohibited. - Public and private entities and analysis of its policies, programs, services plans, and policies on women
individuals found to have committed discrimination and the situation of its clientele; the empowerment, gender equality, and GAD.
against women shall be subject to the sanctions generation and review of sex-disaggregated
provided in Section 41 hereof. Violations of other data; and consultation with Local government units are also encouraged
rights of women shall be subject to sanctions under gender/women's rights advocates and to develop and pass a GAD Code based on
pertinent laws and regulations. agency/women clientele. The cost of the gender issues and concerns in their
implementing GAD programs shall be the respective localities based on consultation
CHAPTER VI agency's or the local government unit's GAD with their women constituents and the
INSTITUTIONAL MECHANISMS budget which shall be at least five percent women's empowerment and gender
(5%) of the agency's or the local equality agenda of the government. The
Section 36. Gender Mainstreaming as a Strategy government unit's total budget GAD Code shall also serve as basis for
for Implementing the Magna Carta of Women. - appropriations. identifying programs, activities, and projects
Within a period prescribed in the implementing on GAD.
rules and regulations, the National Commission on Pursuant to Republic Act No. 7192,
the Role of Filipino Women (NCRFW) shall assess its otherwise known as the Women in Where needed, temporary gender equity
gender mainstreaming program for consistency with Development and Nation Building Act, measures shall be provided for in the plans
the standards under this Act. It shall modify the which allocates five percent (5%) to thirty of all departments, including their attached
program accordingly to ensure that it will be an percent (30%) of overseas development agencies, offices, bureaus, state universities
effective strategy for implementing this Act and assistance to GAD, government agencies and colleges, government-owned and -
attaining its objectives. receiving official development assistance controlled corporations, local government
should ensure the allocation and proper units, and other government
All departments, including their attached agencies, utilization of such funds to gender- instrumentalities.
offices, bureaus, state universities and colleges, responsive programs that complement the
government-owned and -controlled corporations, government GAD funds and annually report To move towards a more sustainable,
local government units, and other government accomplishments thereof to the National gender-responsive, and performance-based
instrumentalities shall adopt gender mainstreaming Economic and Development Authority planning and budgeting, gender issues and
concerns shall be integrated in, among various divisions or offices within the may direct any government agency and
others, the following plans: agency or local government unit. instrumentality, as may be necessary, to report on
the implementation of this Act and for them to
(1) Macro socioeconomic plans such The tasks and functions of the members of immediately respond to the problems brought to
as the Medium-Term Philippine the GFP shall form part of their regular key their attention in relation to this Act. The PCW shall
Development Plan and Medium- result areas and shall be given due also lead in ensuring that government agencies are
Term Philippine Investment Plan; consideration in their performance capacitated on the effective implementation of this
evaluation. Act. The chairperson shall likewise report to the
(2) Annual plans of all departments, President in Cabinet meetings on the
including their attached agencies, (c) Generation and Maintenance of GAD implementation of this Act.
offices, bureaus, state universities Database. All departments, including their
and colleges, and government- attached agencies, offices, bureaus, state To the extent possible, the PCW shall influence the
owned and -controlled universities and colleges, government- systems, processes, and procedures of the
corporations; and owned and - controlled corporations, local executive, legislative, and judicial branches of
government units, and other government government vis-a-vis GAD to ensure the
(3) Local plans and agenda such as instrumentalities shall develop and maintain implementation of this Act.
executive-legislative agenda, a GAD database containing gender statistics
comprehensive development plan and sexdisaggregated data that have been To effectively and efficiently undertake and
(CDP), comprehensive land use plan systematically gathered, regularly updated; accomplish its functions, the PCW shall revise its
(CLUP), provincial development and and subjected to; gender analysis for structure and staffing pattern with the assistance of
physical framework plan (PDPFP), planning, programming, and policy the Department of Budget and Management.
and annual investment plan. formulation.
Section 39. Commission on Human Rights (CHR). -
(b) Creation and/or Strengthening of the Section 37. Gender Focal Point Officer in Philippine The Commission, acting as the Gender and
GAD Focal Points (GFP). All departments, Embassies and Consulates. - An officer duly trained Development Ombud, consistent with its mandate,
including their attached agencies, offices, on GAD shall be designated as the gender focal shall undertake measures such as the following:
bureaus, state universities and colleges, point in the consular section of Philippine embassies
government- owned and -controlled or consulates. Said officer shall be primarily (a) Monitor with the PCW and other state
corporations, local government units, and responsible in handling gender concerns of women agencies, among others, in developing
other government instrumentalities shall migrant workers. Attached agencies shall cooperate indicators and guidelines to comply with
establish or strengthen their GAD Focal in strengthening the Philippine foreign posts' their duties related to the human rights of
Point System or similar GAD mechanism to programs for the delivery of services to women women, including their right to
catalyze and accelerate gender migrant workers. nondiscrimination guaranteed under this
mainstreaming within the agency or local Act;
government unit. Section 38. National Commission on the Role of
Filipino Women (NCRFW). - The National (b) Designate one (1) commissioner and/or
The GAD Focal Point System shall be Commission on the Role of Filipino Women its Women's Human Rights Center to be
composed of the agency head or local chief (NCRFW) shall be renamed as the Philippine primarily responsible for formulating and
executive, an executive committee with an Commission on Women (PCW), the primary implementing programs and activities
Undersecretary (or its equivalent), local policymaking and coordinating body of the women related to the promotion and protection of
government unit official, or office in a and gender equality concerns under the Office of the human rights of women, including the
strategic decision-making position as Chair; the President. The PCW shall be the overall investigations and complaints of
and a technical working group or secretariat monitoring body and oversight to ensure the discrimination and violations of their rights
which is composed of representatives from implementation of this Act. In doing so, the PCW
 brought under this Act and related laws and Government. The person directly responsible for Section 43. Funding. - The initial funding
regulations; the violation as well as the head of the agency or requirements for the implementation of this Act
local chief executive shall be held liable under this shall be charged against the current appropriations
(c) Establish guidelines and mechanisms, Act. of the agencies concerned. Thereafter, such sums as
among others, that will facilitate access of may be necessary for the implementation of this Act
women to legal remedies under this Act and If the violation is committed by a private entity or shall be included in the agencies' yearly budgets
related laws, and enhance the protection individual, the person directly responsible for the under the General Appropriations Act.
and promotion of the rights of women, violation shall be liable to pay damages.
especially marginalized women; The State shall prioritize allocation of all available
Filing a complaint under this Act shall not preclude resources to effectively fulfill its obligations
(d) Assist in the filing of cases against the offended party from pursuing other remedies specified under this Act. The State agencies' GAD
individuals, agencies, institutions, or available under the law and to invoke any of the budgets, which shall be at least five percent (5%) of
establishments that violate the provisions of provisions of existing laws especially those recently their total budgetary allocation, shall also be utilized
this Act; and enacted laws protecting women and children, for the programs and activities to implement this
including the Women in Development and Nation Act.
(e) Recommend to the President of the Building Act (Republic Act No. 7192), the Special
Philippines or the Civil Service Commission Protection of Children Against Child Abuse, Section 44. Implementing Rules and Regulations. -
any possible administrative action based on Exploitation and Discrimination Act (Republic Act As the lead agency, the PCW shall, in coordination
noncompliance or failure to implement the No. 7610), the Anti-Sexual Harassment Act of 1995 with the Commission on Human Rights and all
provisions of this Act. (Republic Act No. 7877), the Anti-Rape Law of 1997 concerned government departments and agencies
(Republic Act No. 8353), the Rape Victim Assistance including, as observers, both Houses of Congress
Section 40. Monitoring Progress and and Protection Act of 1998 (Republic Act No. 8505), through the Committee on Youth, Women and
Implementation and Impact of this Act. - The PCW, the Anti-Trafficking in Persons Act of 2003 (Republic Family Relations (Senate) and the Committee on
in coordination with other state agencies and the Act No. 9208) and the Anti- Violence Against Women and Gender Equality (House of
CHR, shall submit to Congress regular reports on the Women and Their Children Act of 2004 (Republic Representatives) and with the participation of
progress of the implementation of this Act Act No. 9262). If violence has been proven to be representatives from nongovernment organizations
highlighting the impact thereof on the status and perpetrated by agents of the State including, but (NGOs) and civil society groups with proven track
human rights of women: Provided, That the second not limited to, extrajudicial killings, enforced record of involvement and promotion of the rights
report shall include an assessment of the disappearances, torture, and internal and welfare of Filipino women and girls identified
effectiveness of this Act and recommend displacements, such shall be considered aggravating by the PCW, formulate the implementing rules and
amendments to improve its provisions: Provided, offenses with corresponding penalties depending on regulations (IRR) of this Act within one hundred
finally, That these reports shall be submitted to the severity of the offenses. eighty (180) days after its effectivity.
Congress every three (3) years or as determined in
the implementing rules and regulations. Section 42. Incentives and Awards. - There shall be Section 45. Separability Clause. - If any provision or
established an incentives and awards system which part hereof is held invalid or unconstitutional, the
Section 41. Penalties. - Upon finding of the CHR shall be administered by a board under such rules remainder of the law or the provisions not
that a department, agency, or instrumentality of and regulations as may be promulgated by the PCW otherwise affected shall remain valid and subsisting.
government, government-owned and -controlled to deserving entities, government agencies, and
corporation, or local government unit has violated local government units for their outstanding Section 46. Repealing Clause. - Any law,
any provision of this Act and its implementing rules performance in upholding the rights of women and presidential decree or issuance, executive order,
and regulations, the sanctions under administrative effective implementation of gender-responsive letter of instruction, administrative order, rule, or
law, civil service, or other appropriate laws shall be programs. regulation contrary to, or inconsistent with, the
recommended to the Civil Service Commission provisions of this Act is hereby repealed, modified,
and/or the Department of the Interior and Local or amended accordingly.
Section 47. Effectivity Clause. - This Act shall take c. Any slanderous statement or accusation process or the orderly operation of
effect fifteen (15) days after its publication in at that causes the victim undue emotional a school; and
least two (2) newspapers of general circulation. distress like directing foul language or
profanity at the target, name-calling, (3) Retaliation against a person who
REPUBLIC ACT NO. 10627 tormenting and commenting negatively on reports bullying, who provides
victim’s looks, clothes and body; and information during an investigation
AN ACT REQUIRING ALL ELEMENTARY AND of bullying, or who is a witness to or
SECONDARY SCHOOLS TO ADOPT POLICIES TO d. Cyber-bullying or any bullying done has reliable information about
PREVENT AND ADDRESS THE ACTS OF BULLYING IN through the use of technology or any bullying;
THEIR INSTITUTIONS electronic means.
(b) Identify the range of disciplinary
Be it enacted by the Senate and House of Section 3. Adoption of Anti-Bullying Policies. – All administrative actions that may be taken
Representatives of the Philippines in Congress elementary and secondary schools are hereby against a perpetrator for bullying or
assembled: directed to adopt policies to address the existence retaliation which shall be commensurate
of bullying in their respective institutions. Such with the nature and gravity of the
Section 1. Short Title. – This Act shall be known as policies shall be regularly updated and, at a offense: Provided, That, in addition to the
the "Anti-Bullying Act of 2013". minimum, shall include provisions which: disciplinary sanctions imposed upon a
perpetrator of bullying or retaliation,
Section 2. Acts of Bullying. – For purposes of this (a) Prohibit the following acts: he/she shall also be required to undergo a
Act, "bullying" shall refer to any severe or repeated rehabilitation program which shall be
use by one or more students of a written, verbal or (1) Bullying on school grounds; administered by the institution concerned.
electronic expression, or a physical act or gesture, property immediately adjacent to The parents of the said perpetrator shall be
or any combination thereof, directed at another school grounds; at school- encouraged by the said institution to join
student that has the effect of actually causing or sponsored or school-related the rehabilitation program;
placing the latter in reasonable fear of physical or activities, functions or programs
emotional harm or damage to his property; creating whether on or off school grounds; (c) Establish clear procedures and strategies
a hostile environment at school for the other at school bus stops; on school buses for:
student; infringing on the rights of the other or other vehicles owned, leased or
student at school; or materially and substantially used by a school; or through the use (1) Reporting acts of bullying or
disrupting the education process or the orderly of technology or an electronic retaliation;
operation of a school; such as, but not limited to, device owned, leased or used by a
the following: school; (2) Responding promptly to and
investigating reports of bullying or
a. Any unwanted physical contact between (2) Bullying at a location, activity, retaliation;
the bully and the victim like punching, function or program that is not
pushing, shoving, kicking, slapping, tickling, school-related and through the use (3) Restoring a sense of safety for a
headlocks, inflicting school pranks, teasing, of technology or an electronic victim and assessing the student’s
fighting and the use of available objects as device that is not owned, leased or need for protection;
weapons; used by a school if the act or acts in
question create a hostile (4) Protecting from bullying or
b. Any act that causes damage to a victim’s environment at school for the retaliation of a person who reports
psyche and/or emotional well-being; victim, infringe on the rights of the acts of bullying, provides
victim at school, or materially and information during an investigation
substantially disrupt the education of bullying, or is witness to or has
 reliable information about an act of All elementary and secondary schools shall provide (d) Notify the parents or guardians of the
bullying; and students and their parents or guardians a copy of victim regarding the action taken to prevent
the anti-bullying policies being adopted by the any further acts of bullying or retaliation.
(5) Providing counseling or referral school. Such policies shall likewise be included in
to appropriate services for the school’s student and/or employee handbook If an incident of bullying or retaliation involves
perpetrators, victims and and shall be conspicuously posted on the school students from more than one school, the school
appropriate family members of said walls and website, if there is any. first informed of the bullying or retaliation shall
students; promptly notify the appropriate administrator of
The Department of Education (DepED) shall include the other school so that both may take appropriate
(d) Enable students to anonymously report in its training programs, courses or activities which action.
bullying or retaliation: Provided, however, shall provide opportunities for school
That no disciplinary administrative action administrators, teachers and other employees to Section 5. Reporting Requirement. – All schools shall
shall be taken against a perpetrator solely develop their knowledge and skills in preventing or inform their respective schools division
on the basis of an anonymous report; responding to any bullying act. superintendents in writing about the anti-bullying
policies formulated within six (6) months from the
(e) Subject a student who knowingly makes Section 4. Mechanisms to Address Bullying. – The effectivity of this Act. Such notification shall likewise
a false accusation of bullying to disciplinary school principal or any person who holds a be an administrative requirement prior to the
administrative action; comparable role shall be responsible for the operation of new schools.
implementation and oversight of policies intended
(f) Educate students on the dynamics of to address bullying. Beginning with the school year after the effectivity
bullying, the anti-bullying policies of the of this Act, and every first week of the start of the
school as well as the mechanisms of such Any member of the school administration, student, school year thereafter, schools shall submit a report
school for the anonymous reporting of acts parent or volunteer shall immediately report any to their respective schools division superintendents
of bullying or retaliation; instance of bullying or act of retaliation witnessed, all relevant information and statistics on acts of
or that has come to one’s attention, to the school bullying or retaliation. The schools division
(g) Educate parents and guardians about the principal or school officer or person so designated superintendents shall compile these data and report
dynamics of bullying, the anti-bullying by the principal to handle such issues, or both. Upon the same to the Secretary of the DepED who shall
policies of the school and how parents and receipt of such a report, the school principal or the likewise formally transmit a comprehensive report
guardians can provide support and reinforce designated school officer or person shall promptly to the Committee on Basic Education of both the
such policies at home; and investigate. If it is determined that bullying or House of Representatives and the Senate.
retaliation has occurred, the school principal or the
(h) Maintain a public record of relevant designated school officer or person shall: Section 6. Sanction for Noncompliance. – In the
information and statistics on acts of bullying rules and regulations to be implemented pursuant
or retaliation in school: Provided, That the (a) Notify the law enforcement agency if the to this Act, the Secretary of the DepED shall
names of students who committed acts of school principal or designee believes that prescribe the appropriate administrative sanctions
bullying or retaliation shall be strictly criminal charges under the Revised Penal on school administrators who shall fail to comply
confidential and only made available to the Code may be pursued against the with the requirements under this Act. In addition
school administration, teachers directly perpetrator; thereto, erring private schools shall likewise suffer
responsible for the said students and the penalty of suspension of their permits to
parents or guardians of students who are or (b) Take appropriate disciplinary operate.1âwphi1
have been victims of acts of bullying or administrative action;
retaliation. Section 7. Implementing Rules and Regulations. –
(c) Notify the parents or guardians of the Within ninety (90) days from the effectivity of this
perpetrator; and Act, the DepED shall promulgate the necessary rules
and regulations to implement the provisions of this
Act.

Section 8. Separability Clause. – If, for any reason,

any provision of this Act is declared to be
unconstitutional or invalid, the other sections or
provisions hereof which are not affected thereby
shall continue to be in full force or effect.

Section 9. Repealing Clause. – All laws, decrees,

orders, rules and regulations or parts thereof which
are inconsistent with or contrary to the provisions
of this Act are hereby repealed, amended or
modified accordingly.

Section 10. Effectivity. – This Act shall take effect

fifteen (15) days after its publication in at least two
(2) national newspapers of general circulation.