SUMMARY

On 10 January 2010, the President of the Philippines signed the Special Protection of Children in Situations of Armed
Conflict Act into law. The Law’s Implementing Regulations (IRR) were adopted in May 2019. Recognizing the
vulnerable status of children, especially those in situations of armed conflict, the law declares children as “Zones of
Peace” and mandates State to provide them special protection. The law applies to all children involved in, affected by
or displaced by armed conflict (Section 3); and armed conflict is defined under Section 4(c) as non-international
armed conflict (meaning that the law does not appear to apply in situations of IAC.
Section 5 defines a child as a person below 18 years old or a person above that age but unable to fully take care or
protect one’s self due to physical or mental disability.
Section 7 enumerates the rights of children in situations of armed conflict (CSAC), the most significant of which is the
right to be treated as victims. Section 8 specifies the measures the State is to take to prevent the recruitment, re-
recruitment, use, displacement of, or grave child rights violations against children involved in armed conflict.Section 9
enumerates prohibited (criminal) acts and penalties, including acts like killing, torture and cruel and inhumane
treatment against children, recruitment of children.
Section 23 directs the State to take all feasible measures to ensure the demobilization or release of children who are
recruited or used in armed conflict, either by the government or armed groups. Section 28 of the Act provides for
dismissal of criminal cases against children involved in armed conflict,and their immediate referral to the social
welfare authorities for rehabilitation and reintegration programs.
Section 31 provides for the retroactive application of the law to persons who have been convicted or serving sentence
at the time of the effectivity of the Act but who were below 18 at the time of the commission of the offense.
Keywords: children, armed conflict, criminal procedure
Related laws: Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against
Humanity (R.A. 9851), Juvenile Justice and Welfare Act (RA 9344)