CHILDREN

What is a child?
According to Blacks Law Dictionary, it is used strictly as the correlative of a
parent, and means a son or a daughter considered as in relation with the father or
mother.
Classification:
A Child can be a:
1. legitimate those conceived or born during the marriage of parents
2. illegitimate those conceived and born outside a valid marriage
3. legitimated those conceived of parents qualified to marry each other and
are legitimated by subsequent marriage of the parents and
4. adopted those born of other parents by judicial proceedings
are
considered legitimate children of the adopter.
Since the adaptation of the New Civil Code in the Philippines they have now
the rights and privileges regardless of their status as way back then.
Why is it deemed as a vulnerable sector?
Is it deemed a considerable sector because as children are fragile and have
not yet reached the age of legality they can be easily manipulated or be
deceived by persons who wants to take advantage of their innocence.
Children need the guidance of their parents or guardians as to teach them
things that are right from wrong.
Due to age and mental immaturity they need special protection and care for
the full development as a person.
Relevant Laws
Protection of the life of a child
The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive the
support of the Government. (Article II, Sec, 12 1987 Constitution)
Best interests of the child
The Courts of law or administrative authorities shall bear in mind the best
interest of the child shall be a primary consideration (Art. 3, Convention on
the child)
In all questions regarding the care, custody, education and property of the
child, his welfare shall be of paramount consideration.

Standard of living- Doctrine of Parens Patraie

The government, or any other authority, regarded as the legal protector of
citizens unable to protect themselves.
The principle that political authority carries with it the responsibility for
protection of citizens.
The right of every child to a standard of living adequate for his physical,
mental, spiritual, moral and social development. If the parents failed to
provide an adequate standard living for the child, the state under this
doctrine shall assume the responsibility.
Nationality, identity and parentage
They should be registered immediately after birth and shall have the right to
a name, nationality and identity and the parents have the rights to know and
should take care of them.
Under the law such registration is need upon the birth of all persons, such as
the declaration of the physician or the midwife in attendance at birth or such
declaration of either parent of the new born child.
Article 27, Convention on the Rights of a Child
1. States Parties recognize the right of every child to a standard of living
adequate for the child's physical, mental, spiritual, moral and social
development.
2. The parent(s) or others responsible for the child have the primary
responsibility to secure, within their abilities and financial capacities, the
conditions of living necessary for the child's development.
3. States Parties, in accordance with national conditions and within their
means, shall take appropriate measures to assist parents and others
responsible for the child to implement this right and shall in case of need
provide material assistance and support programmers, particularly with
regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and from abroad. In
particular, where the person having financial responsibility for the child lives
in a State different from that of the child, States Parties shall promote the
accession to international agreements or the conclusion of such agreements,
as well as the making of other appropriate arrangements.

Child Sexual Abuse

- is a form of child abuse in which an adult or older adolescent uses a minor for
sexual stimulation and activities such as:

Child Marriage
Child pornography
Sex of any kind with a minor, including vaginal, oral, or anal
Sexual Activities
Fondling
Obscene phone calls, text messages, or digital interaction
Exhibitionism, or exposing oneself to a minor
Masturbation in the presence of a minor or forcing the minor to masturbate
Sex trafficking
Producing, owning, or sharing pornographic images or movies of children
Any other sexual conduct that is harmful to a childs mental, emotional or
physical welfare

Child marriage
- is a human rights
widespread, in part
developing countries,
One in nine is married

violation. Despite laws against it, the practice remains

because of persistent poverty and gender inequality. In
one in every three girls is married before reaching age 18.
under age 15.

Child pornography
- is a criminal offense and is defined as any visual depiction involving the use of a
minor, or one appearing to be a minor, engaging in sexually explicit conduct.
The perpetrators of childs sexual abuse
The majority of the perpetrators are someone the child or family knows.
They can have any relationship to the child including an older sibling or
playmate, family member, a teacher, a coach, a instructor, a caretaker or the
parent of another child.
The perpetrator could be someone youve known a long time or trust.
Warning signs- Physical signs
Difficulty walking or sitting
Bloody, torn, or stained underclothes
Bleeding, bruises, or swelling in genital area
Pain, itching, or burning in genital area
Frequent urinary or yeast infections
Behavioral signs
Shrinks away or seems threatened by physical contact

Exhibits signs of depression or post-traumatic stress disorder

Expresses suicidal thoughts
Self-harms
Develop phobias
Has trouble in school, such as absences or drops in grades
Changes in hygiene eg. Refusing to bathe or bathing excessively
Returns to regressive behaviors, such as thumb sucking
Runs away from home or school
Nightmares or bed-wetting
Inappropriate sexual knowledge or behaviors

RA 7610

Special Protection of Children Against Abuse, Exploitation and Discrimination Act

A Child is

A person who is below 18 years of age.

A person who is above 18 but cannot take care of himself due to certain
circumstance.

Rights of A Child
To be born. To have a name and nationality.
To be free. To have a family who will take care of me.
To have a good education.
To develop my potentials.
To have enough food, shelter, a healthy and active body.
To be given the opportunity for play and leisure.
To be given protection against abuse, danger and violence brought by war
and conflict.
To live in a peaceful community.
To be defended and assisted by the government.
To be able to express my own views.
The Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act or Republic Act 7610 (Art.1 Sec. 3) defines child abuse as
maltreatment, whether habitual or not.
A person who is below 18 years old or those over but are unable to fully take
care of themselves from abuse, neglect, cruelty, exploitation or
discrimination because of physical or mental disability or condition.
By a person who is responsible for the child's welfare. Under circumstances
which gravely threaten or endanger the survival and normal development of
children.
Topics Under R.A. 7610
Physical Abuse
Neglect
Physical Neglect
Educational Neglect
Emotional Neglect

Sexual Abuse
Sexual Exploitation
Emotional abuse
Child trafficking
Child Labor
Abandoned

CHILD LABOR
refers to the illegal employment of children below the age of fifteen (15), where
they are not directly under the sole responsibility of their parents or legal guardian,
or the latter employs other workers apart from their children, who are not members
of their families, or their work endangers their life, safety, health and morals or
impairs their normal development including schooling. This also extends to the
situation of children below the age of eighteen (18) who are employed in hazardous
occupations.(Sec.12- RA 7610)
According to a 2015 report by the International Labor Organization, there are about
875,000 children aged 5-14 and 1,221,000 adolescents aged 15-17 years involved
in child labor in the Philippines.
Rates of child labor are significantly higher amongst boys, with 5.4% of boys aged
5-14 involved in child labor compared to 3% of girls.
Where they work?
-

Sugar plantations
Mining
Farming
Fishing
Manufacturing
Domestic work
Sex trade
Military/Combat
ETC.

Permissible Work:
Children are allowed to undertake work under certain conditions.
1. A child below 15 years old can be permitted to work if he/she is under
supervision by family senior/ parents provided that the child works directly
under the sole responsibility of his/her parents or legal guardian and where
only members of his/her family are employed.
2. The childs employment does not endangers his/her life, safety, health, and
morals, or impairs his/her normal development.
3. The parent or legal guardian shall provide the said child with the prescribed
primary and/or secondary education.

4. The employer first secures a work permit for the child from the Department of
Labor and Employment (DOLE).
Children aged 15 to below 18 years of age are permitted to work in any economic
activity not considered child labor, but not more than eight (8) hours a day and in
no case beyond forty (40) hours a week. They shall not be allowed to work between
10:00 P.M. and 6:00 A.M. of the following day, and employer should provide the child
with access to at lease secondary and elementary and education.
In 2014, the Philippines made a significant advancement in efforts to eliminate the
worst forms of child labor. The National Child Labor Committee (NCLC) finalized its
Strategic Plan for 2014 2016, which will serve as the operational framework to
address components of the Philippine Program Against Child Labor (PPACL). Four
NCLC subcommittees conducted year-end assessments on the accomplishments of
their respective 2014 strategic plans to identify the implementation gaps and
formulate their 2015 strategic plans under the PPACL Strategic Framework. The
Inter-Agency Council Against Trafficking (IACAT) trained over 5,000 service providers
to ensure the protection, prevention, and prosecution of human trafficking cases,
and established three additional regional task forces bringing the countrywide total
to 19. However, children in the Philippines are engaged in child labor, including in
agriculture and domestic work. Despite nearly doubling the number of Labor Law
Compliance Officers (LLCO), enforcement of child labor laws remains challenging
due to the limited number of inspectors and lack of resources for inspections.

Laws and Regulations:

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

15

Article 139 of the Labor Code; Section 16

of Republic Act No. 10361: An Act
Instituting Policies for the Protection and
Welfare of Domestic Workers (47, 48)

Minimum Age for

Hazardous Work

Yes

18

Article 139 of the Labor Code (48)

Prohibition of Hazardous
Occupations or Activities
for Children

Yes

Republic Act No. 679, as further amended by

Presidential Decree No. 148, Woman and Child
Labor Law, Department Order 4 (49)

Prohibition of Forced Labor

Yes

Section 4 of Republic Act No. 10364: Expanded

Anti-Trafficking in Persons Act of 2012 (50)

Yes

Section 12-D of Republic Act No. 9231: Act

Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for
the Working Child; Sections 4-5 of Republic Act No.
10364: Expanded Anti-Trafficking in Persons Act of
2012; Article 4 of Republic Act No. 7610: Special
Protection of Children Against Abuse, Exploitation
and Discrimination Act (50-52)

Yes

Section 12-D of Republic Act No. 9231: Act

Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for
the Working Child; Article 3 of Republic Act No.
7610: Special Protection of Children Against Abuse,
Exploitation and Discrimination Act; Section 4 of
Republic Act No. 9775: Anti-Child Pornography Act
of 2009; Chapter 2, Section 4 of Republic Act No.
10175: Cybercrime Prevention Act (19, 51-54)

Yes

Section 12-D of Republic Act No. 9231: Act

Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for
the Working Child; Articles 6 and 10 of Republic Act
No. 7610: Special Protection of Children Against
Abuse, Exploitation, and Discrimination Act;
Sections 5 and 8 of Republic Act No. 9165:
Comprehensive Dangerous Drugs Act (51, 52, 55)

Minimum Age for

Compulsory Military
Recruitment

Yes

18

Memorandum Circular No. 13 on Selective

Enlistment/Reenlistment of the Department of
National Defense and the Armed Forces of the
Philippines; Article 10 of Republic Act No. 7610:
Special Protection of Children Against Abuse,
Exploitation and Discrimination Act (51, 56)

Minimum Age for

Voluntary Military Service

Combat:
Yes

18 17

Prohibition of Child
Trafficking

Prohibition of Commercial
Sexual Exploitation of
Children

Prohibition of Using
Children in Illicit Activities

Section 5.A.4 of Memorandum Circular No. 13 on

Selective Enlistment/Reenlistment of the
Department of National Defense and the Armed

Noncomb
at: Yes

Compulsory Education Age

Yes

Free Public Education

Yes

Forces of the Philippines; 2003 Declaration on

Ratifying the Optional Protocol (56, 57)

18

Section 4 of the Enhanced Basic Education Act of

2013 (8, 58)

Section 2 of the Philippine Constitution (59)

Criminal Law Provisions

The RPC contains several provisions barring certain types of child work, such
as Exploitation of Child Labor (Article 273) which prohibits an employer
from retaining a child worker in service against his or her will under the
pretext of reimbursing a debt incurred by the childs ascendants. The PRC
also includes a clause regarding the Exploitation of Minors (Article 278).
This provision prohibits the employment of a minor less than sixteen (16)
years of age in what the code describes as dangerous exhibits. Other
provisions of the RPC relating to slavery, prostitution, corruption, illegal
detention, and kidnapping of minors are all applicable to child workers. The
RPC remains in effect to this day in the Philippines. [10]

Children in Armed Conflict

Mankind owes to the child the best it has to give.
Preamble, UN Declaration of the Rights of the Child (1959)
What is Armed Conflict?
Armed conflict" means any use of force or armed violence between States or
a protracted armed violence between governmental authorities and
organized armed groups or between such groups within that State
Armed conflict may be international, that is, between two (2) or more States,
including belligerent occupation; or non-international, that is, between
governmental authorities and organized armed groups or between such
groups within a state. It does not cover internal disturbances or tensions such
as riots, isolated and sporadic acts of violence or other acts of a similar
nature. (R.A. 9851)

Who are Child Soldiers?

The internationally agreed definition for a child associated with an armed
force or armed group (child soldier) is any person below 18 years of age who
is, or who has been, recruited or used by an armed force or armed group in
any capacity, including but not limited to children, boys and girls, used as
fighters, cooks, porters, messengers, spies or for sexual purposes. It does not
only refer to a child who is taking or has taken a direct part in hostilities.
(Paris Principles and Guidelines on Children Associated with Armed Forces
or Armed Groups, 2007)
6 Categories of Grave Violations
Killing and maiming of children
Recruitment or use of children as soldiers
Sexual violence against children
Attacks against schools or hospitals
Denial of humanitarian access for children
Abduction of children
Changing Nature of Conflict
Use of children as suicide bombers
Children being killed during aerial attack or drone operation
Children perceived as threat to national security
Shootings and bombings at school premises
Mindanao
Mindanao,the southernmost island of the Philippines, has been the scene of a
long-standing conflict between the Government of the Philippines and the
Moro Islamic Liberation Front, the MILF, an armed group that has been
fighting for greater autonomy for the Bangsamoro people and the creation of
a Bangsamoro state.
During this protracted conflict, characterized by alternating periods of
hostilities and peace talks, children have been killed and injured. They have
been forced to abandon their homes or displaced and have been associated
with the MILF to support its military activities.

 Local communities continued to note that armed groups, including NPA and
reportedly ASG, approached civilians including children, for recruitment
purposes, offering them shelter, food, access to education or offering to
support communities.
Children act as sentries, messengers, look-outs or porters, and they maintain
weapons.
While most of these children are not part of the formal military structure of
the MILF and have no rank, some do receive military training.
Each year, the Secretary-General of the United Nations describes the
situation of children affected by armed conflict in a global report to the
Security Council. This report lists armies and armed groups that recruit and
use children. The MILF has been on the list for over 5 years.
In August 2009, the armed group signed an action plan with the United
Nations defining measures to take to halt and prevent the recruitment and
use of children.
In August 2009, the armed group signed an action plan with the United
Nations defining measures to take to halt and prevent the recruitment and
use of children.
With the support of the United Nations, the MILF has since been in the
process of implementing a number of concrete and time-bound activities
outlined in the Action Plan, including raising awareness about child rights in
the communities, training on child protection, the provision of educational
and livelihood programs and accountability measures.
These grass root child protection networks in barangays or villages draw from
various segments of the community and bring together village elders,
religious leaders, local Government officials, mothers and youth
representatives to discuss child protection concerns, including school dropout, forced labor, trafficking, prostitution and association of children with the
MILF.

Local Laws
1. Executive Order 310, s. 2000 -AUTHORIZING THE ADOPTION AND
IMPLEMENTATION OF THE PHILIPPINE NATIONAL STRATEGIC FRAMEWORK FOR
PLAN DEVELOPMENT FOR CHILDREN, 2000-2025 OR CHILD 21 AND ITS
ACCOMPANYING MEDIUM TERM PLAN AND FRAMEWORK
2. Executive Order 56, s. 2001 -ADOPTING THE COMPREHENSIVE PROGRAM
FRAMEWORK FOR CHILDREN IN ARMED CONFLICT AND DIRECTING NATIONAL

GOVERNMENT AGENCIES AND LOCAL GOVERNMENT UNITS TO IMPLEMENT

THE SAME
3. Executive Order 138, s. 2013 -AMENDING EXECUTIVE ORDER (EO) NO. 56 (S.
2001) ADOPTING THE COMPREHENSIVE PROGRAM FRAMEWORK FOR
CHILDREN IN ARMED CONFLICT, STRENGTHENING THE COUNCIL FOR THE
WELFARE OF CHILDREN (CWC) AND FOR OTHER PURPOSES
Child 21
The Philippine National Strategic Framework for Plan Development for
Children or CHILD 21 is a strategic framework for planning programs and
interventions that promote and safeguard the rights of Filipino children. As a
strategic framework, it is not meant to be a comprehensive and detailed plan.
Rather, it paints in broad strokes a vision for the quality of life of Filipino
children in 2025 and a roadmap to achieve the vision, specifically:

The new plan is also expected to address the concerns of children of

indigenous peoples, in various circumstances of disability, in situations of
armed conflict, pregnant adolescents and children in conflict with the law
who were not given sufficient attention previously.

Protocol II (Geneva Convention)

Protocol II is a 1977 amendment protocol to the Geneva Conventions relating
to the protection of victims of non-international armed conflicts. It defines
certain international laws that strive to provide better protection for victims
of internal armed conflicts that take place within the borders of a single
country.
These negotiations resulted in Article 3 and this applies to armed conflicts
that are not of an international character, but that are contained within the
boundaries of a single country. It provides limited protection to victims,
including:

Persons taking no active part in hostilities should be treated humanely

(including military persons who have ceased to be active as a result of
sickness, injury, or detention).

The wounded and sick shall be collected and cared for.

UN Intervention
Each year, the Secretary-General of the United Nations describes the
situation of children affected by armed conflict in a global report to the
Security Council. This report lists armies and armed groups that recruit and

use children. The MILF has been on the list for over 5 years. In August 2009,
the armed group signed an action plan with the United Nations defining
measures to take to halt and prevent the recruitment and use of children.
These grass root child protection networks in barangays or villages draw from
various segments of the community and bring together village elders,
religious leaders, local Government officials, mothers and youth
representatives to discuss child protection concerns, including school dropout, forced labor, trafficking, prostitution and association of children with the
MILF.
UN Security Council
Security Council Resolution 1379 (2001) called upon the UN SecretaryGeneral to list parties that recruit and use children in the annual report on
children and armed conflict. Killing and maiming and sexual violence in
conflict (Resolution 1882 in 2009) and attacks on schools and hospitals
(Resolution 1998 in 2011), were later added as criteria for listing.
Security Council Resolution 1612 established the monitoring and reporting
mechanism (MRM) on grave violations against children in armed conflict. The
purpose of the MRM is to provide for the systematic gathering of accurate,
timely and objective information on grave violations committed against
children in armed conflict.
Security Council Resolution 1612 (2005) also established the Security Council
Working Group on Children and Armed Conflict which consists of the 15
Security Council members. The Working Group reviews UN Secretary-General
reports on children in armed conflict in specific country situations and makes
recommendations to parties to conflict, Governments and donors, as well as
UN actors on measures to promote the protection of war-affected children.

RA 9344
Juvenile Justice and Welfare Act of 2006
Child in Conflict with the Law refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws. (Sec. 4e)
Rights of the Child in Conflict with the Law:
1. the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
2. the right not to be deprived, unlawfully or arbitrarily, of his/her liberty;
detention or imprisonment being a disposition of last resort, and which shall
be for the shortest appropriate period of time;

3. the right to bail and recognizance, in appropriate cases;

4. the right to testify as a witness in hid/her own behalf under the rule on
examination of a child witness;
5. the right to have his/her privacy respected fully at all stages of the
proceedings;
6. the right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
7. in general, the right to automatic suspension of sentence;
8. the right to probation as an alternative to imprisonment, if qualified under
the Probation Law.
Exempt from criminal liability:
A child 15 years of age or under at the time of the commission of the offense
A child above 15 but below 18 years of age who acted without discernment at
the time of the commission of the offense (Sec. 6)
Diversion Program refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without
resorting to formal court proceedings. (Sec. 4j)
Children in conflict with the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committed is not more than
six (6) years imprisonment, the law enforcement officer or Punong Barangay
with the assistance of the local social welfare and development officer or
other members of the LCPC shall conduct mediation, family conferencing and
conciliation and, where appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the formulation of a
diversion program.
(b) In victimless crimes where the imposable penalty is not more than six (6)
years imprisonment, the local social welfare and development officer shall
meet with the child and his/her parents or guardians for the development of
the appropriate diversion and rehabilitation program, in coordination with the
BCPC. (Sec. 23)

Kinds of Diversion Programs

(Sec. 31)
(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can
lead to repetition of the offense;
(8) Participation in available community-based programs, including
community service; or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
Juvenile Justice and Welfare Council (JJWC) - A Juvenile Justice and Welfare
Council (JJWC) is hereby created and attached to the Department of Justice
and placed under its administrative supervision.
Child Rights Center (CRC) - The existing Child Rights Center of the
Commission on Human Rights shall ensure that the status, rights and
interests of children are upheld in accordance with the Constitution and
international instruments on human rights. The CHR shall strengthen the
monitoring of government compliance of all treaty obligations, including the
timely and regular submission of reports before the treaty bodies, as well as
the implementation and dissemination of recommendations and conclusions
by government agencies as well as NGOs and civil society

Reporters: