Compendium Consuelo 2.8 0623

Compendium
of Laws
and Issuances
on Children
This book was reprinted through the support of Consuelo Zobel Alger Foundation.
It is given for advocacy purposes. Do not sell or offer it for sale.
ACKNOWLEDGMENT
The reprinting of the Compendium of Laws and Issuances on Children is made possible through the
partnership with Consuelo Zobel Alger Foundation. We also attribute its content to the technical assistance
of the Ateneo Human Rights Center.
With this, we would extend our gratitude to Ms. Aubrey Suzy Punzalan, and Ms. Kel Almazan of CWC. We are
also grateful to Ms. Janice Tapil and Ms. Toni Velasco for their generous support.
TABLE OF CONTENTS
I. Child-Focused Laws............................................................................................................................. 1
Republic Act No. 11930 (Protection)................................................................................................... 1

An Act Punishing Online Sexual Abuse of Exploitation of Children, Penalizing the Production,
Distribution, Possession and Access of Child Sexual Abuse or Exploitation Materials, Amending
Republic Act No. 9160, Otherwise Known as the “Anti-Money Laundering Act Of 2001”, as Amended
and Repealing Republic Act No. 9775, Otherwise Known as the “Anti-Child Pornography Act Of
2009”
Republic Act No. 11908 (Development)........................................................................................... 20

An Act Mandating the Establishment and Implementation of the Parent Effectiveness Service
Program to Strengthen Parental Involvement in their Children’s Development and Learning and
Appropriating Funds Therefor
Republic Act No. 11862 (Protection)................................................................................................ 25

An Act Strengthening the Policies on Anti-Trafficking in Persons, Providing Penalties for its Violations,
and Appropriating Funds Therefor, Amending for the Purpose Republic Act No. 9208, as Amended,
Otherwise Known as the “Anti-Trafficking in Persons Act Of 2003”, and Other Special Laws
Republic Act No. 11767 (Protection and Survival).......................................................................... 49

An Act Promoting the Rights of and Providing Greater Protections to Deserted or Abandoned
Children with Unknown Parents, Amending for this Purpose Articles 276 And 277 of the Revised
Penal Code and Special Laws, Recognizing their Status as Natural-Born Citizens of the Philippines,
Providing Penalties Against Acts Inimical to their Welfare, and for Other Purposes
Republic Act No. 11650 (Development)........................................................................................... 56

An Act Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of
Inclusive Education, Establishing Inclusive Learning Resource Centers of Learners with Disabilities in
All School Districts, Municipalities and Cities, Providing for Standards, Appropriating Funds Therefor,
and for Other Purposes

An Act Promoting for Stronger Protection Against Rape and Sexual Exploitation and Abuse,
Increasing the Age for Determining the Commission of Statutory Rape, Amending for the Purpose
Act No. 3815, as Amended, Otherwise Known as “the Revised Penal Code,” Republic Act No. 8353,
Also Known as “the Anti-Rape Law of 1997,” and Republic Act No. 7610, as Amended, Otherwise
Known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act”

An Act Strengthening Alternative Child Care By Providing For An Administrative Process of
Domestic Adoption, Reorganizing For The Purpose The Inter-Country Adoption Board (ICAB) Into
The National Authority For Child Care (NACC), Amending For The Purpose Republic Act No. 8043,
Republic Act 11222, And Republic Act No. 10165, Repealing Republic Act No. 8552, And Republic Act
No. 9523, And Appropriating Funds Thereof
REPUBLIC ACT NO. 11596 (Protection, Survival, and Development).......................................... 100
An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof
REPUBLIC ACT NO. 11510 (Development)..................................................................................... 104

An Act Institutionalizing the Alternative Learning System in Basic Education for Out-of-School
Children in Special Cases and Adults and Appropriating Funds Therefor
REPUBLIC ACT NO. 11470 (Development and Participation).........................................................112

An Act Creating and Establishing the National Academy of Sports and Providing Funds Therefor
REPUBLIC ACT NO. 11394 (Development)...................................................................................... 118

An Act Mandating Public and Private Educational Institutions to Provide Neutral Desks to Students
REPUBLIC ACT NO. 11314 (Development)....................................................................................... 119

An Act Institutionalizing the Grant of Student Fare Discount Privileges On Public Transportation and
for Other Purposes
REPUBLIC ACT NO. 11313 (Protection)............................................................................................123

An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces,
and Educational Or Training Institutions, Providing Protective Measures and Prescribing Penalties
Therefor
REPUBLIC ACT NO. 11229 (Protection)...........................................................................................134

An Act Providing for the Special Protection of Child Passengers in Motor Vehicles and Appropriating
Funds Therefor
REPUBLIC ACT NO. 11222 (Survival)................................................................................................138

An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative
Adoption Proceedings for the Purpose
REPUBLIC ACT NO. 11206 (Development)......................................................................................145

An Act Establishing A Career Guidance and Counseling Program for All Secondary Schools and
REPUBLIC ACT NO. 11188 (Protection, Survival, and Development)............................................147

An Act Providing for the Special Protection of Children in Situations of Armed Conflict and Providing
Penalties for Violations Thereof
REPUBLIC ACT NO. 11148 (Survival and Development).................................................................165

An Act Scaling Up the National and Local Health and Nutrition Programs through A Strengthened
Integrated Strategy for Maternal, Neonatal, Child Health and Nutrition in the First One Thousand
(1,000) Days of Life, Appropriating Funds Therefor and for Other Purposes
An Act Declaring the Filipino Sign Language as the National Sign Language of the Filipino Deaf and
the Official Sign Language of Government in all Transactions Involving the Deaf, and Mandating its
Use in Schools, Broadcast Media, and Workplaces
REPUBLIC ACT NO. 11037 (Survival and Development)................................................................184

An Act Institutionalizing a National Feeding Program for Undernourished Children in Public Day
Care, Kindergarten and Elementary Schools to Combat Hunger and Undernutrition among Filipino
Children and Appropriating Funds Therefor

An Act Amending Certain Provisions of Republic Act No. 9547, Otherwise Known as an Act
Strengthening and Expanding the Coverage of the Special Program for Employment of Students,
Amending for the Purpose Provisions of Republic Act No. 7323, Otherwise Known as the Special
Program for Employment of Students
REPUBLIC ACT NO. 10882 (Survival and Development)............................................................... 191

An Act Exempting Surviving Children of Military Personnel Who Are Mentally Incapacitated From
Termination of Benefits Upon Reaching the Age of Twenty-One (21), Amending for the Purpose
Section 25 of Presidential Decree Numbered Sixteen Hundred and Thirty-Eight, Otherwise Known
as the AFP Military Personnel Retirement and Separation Decree of 1979, as Amended
REPUBLIC ACT NO. 10871 (Survival)...............................................................................................193

An Act Requiring Basic Education Students to Undergo Age-Appropriate Basic Life Support Training

An Act Mandating the Provision of Emergency Relief and Protection for Children Before, During, and
After Disasters and Other Emergency Situations
REPUBLIC ACT NO. 10747 (Survival and Development).............................................................. 201

An Act Promulgating A Comprehensive Policy in Addressing the Needs of Persons With Rare
Disease
REPUBLIC ACT NO. 10742 (Participation).....................................................................................208

An Act Establishing Reforms in the Sangguniang Kabataan Creating Enabling Mechanisms for
Meaningful Youth Participation in Nation-Building, and for Other Purposes
REPUBLIC ACT NO. 10676 (Development).....................................................................................219

An Act Protecting the Amateur Nature of Student-Athletes in the Philippines By Regulating the
Residency Requirement and Prohibiting the Commercialization of Student-Athletes
REPUBLIC ACT NO. 10666 (Survival and Protection)................................................................... 223

An Act Providing for the Safety of Children Aboard Motorcyles
REPUBLIC ACT NO. 10665 (Development).................................................................................... 226
An Act Establishing the Open High School System in the Philippines and Appropriating Funds
Therefor
REPUBLIC ACT NO. 10661 (Participation)......................................................................................230

An Act Declaring November of Every Year as National Children’s Month

An Act Providing Scholarship Grants to Top Graduates of All Public High Schools in State Universities
and Colleges and Appropriating Funds Therefor

An Act Strengthening the Juvenile Justice System in the Philippines, Amending for the Purpose
Republic Act No. 9344, Otherwise Known as the “Juvenile Justice and Welfare Act Of 2006” and
REPUBLIC ACT NO. 10627 (Protection)......................................................................................... 245

An Act Requiring All Elementary and Secondary Schools to Adopt Policies to Prevent and Address
the Acts of Bullying in their Institutions

An Act Providing for Toy and Game Safety Labeling, Appropriating Funds Therefor

An Act Establishing Rural Farm Schools as Alternative Delivery Mode of Secondary Education and

An Act Expanding the Coverage of the Science and Technology (S&T) Scholarship Program and
Strengthening the Teaching of Science and Mathematics in Secondary Schools and for Other
Purposes
REPUBLIC ACT NO. 10588 (Development)....................................................................................260

An Act Institutionalizing the Conduct of the Palarong Pambansa and Appropriating Funds Therefor
REPUBLIC ACT NO. 10533 (Development).................................................................................... 267

An Act Enhancing the Philippine Basic Education System by Strengthening its Curriculum and
Increasing the Number of Years for Basic Education, Appropriating Funds Therefor and for Other
Purposes
An Act Recognizing the Age from Zero (0) to Eight (8) Years as the First Crucial Stage of Educational
Development and Strengthening the Early Childhood Care and Development System, Appropriating
Funds Therefor and for Other Purposes
REPUBLIC ACT NO. 10398 (Protection)......................................................................................... 278

An Act Declaring November Twenty-Five of Every Year as “National Consciousness Day for the
Elimination of Violence Against Women and Children”
REPUBLIC ACT NO. 10364 (Protection).........................................................................................280

An Act Expanding Republic Act No. 9208, Entitled “An Act to Institute Policies to Eliminate Trafficking
in Persons Especially Women and Children, Establishing the Necessary Institutional Mechanisms for
the Protection and Support of Trafficked Persons, Providing Penalties for its Violations and for
Other Purposes”
REPUBLIC ACT NO. 10361 (Development and Protection)........................................................... 295

An Act Instituting Policies for the Protection and Welfare of Domestic Workers
REPUBLIC ACT NO. 10354 (Survival and Development)..............................................................304

An Act Providing for a National Policy on Responsible Parenthood and Reproductive Health

An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression and the
Imposition of Penalties Therefor and for Other Purposes
REPUBLIC ACT NO. 10165 (Survival and Development)...............................................................330

An Act to Strengthen and Propagate Foster Care and to Provide Funds Therefor
REPUBLIC ACT NO. 10158 (Protection).......................................................................................... 338

An Act Decriminalizing Vagrancy, Amending for this Purpose Article 202 of Act No. 3815, As
Amended, Otherwise known as the Revised Penal Code

An Act Institutionalizing the Kindergarten Education into the Basic Education System and

An Act Providing for Mandatory Basic Immunization Services for Infants and Children, Repealing for
the Purpose Presidential Decree No. 996, as Amended

An Act Expanding the Promotion of Breastfeeding, Amending for the Purpose Republic Act
No. 7600, Otherwise Known as “An Act Providing Incentives to All Government and Private Health
Institutions with Rooming-In and Breastfeeding Practices and for Other Purposes”
REPUBLIC ACT NO. 9858 (Protection)........................................................................................... 353
An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age, Amending
for the Purpose the Family Code of the Philippines, as Amended

An Act Defining and Penalizing the Crime of Child Pornography, Prescribing Penalties Therefor and
for Other Purposes

An Act Establishing a Universal Newborn Hearing Screening Program for the Prevention, Early
Diagnosis and Intervention of Hearing Loss

An Act Strengthening and Expanding the Coverage of the Special Program for Employment
of Students, Amending for the Purpose Provisions of R.A. No. 7323, Otherwise Known as the
Special Program for Employment of Students
REPUBLIC ACT NO. 9523 (Survival and Development)................................................................ 373

An Act Requiring the Certification of the Department of Social Welfare and Development (DSWD) to
Declare a “Child Legally Available for Adoption” as a Prerequisite for Adoption Proceedings, Amending
for this Purpose Certain Provisions of Republic Act No. 8552, Otherwise Known as the Domestic
Adoption Act of 1998, Republic Act No. 8043, Otherwise Known as the Inter-Country Adoption Act
of 1995, Presidential Decree No. 603, Otherwise Known as the Child and Youth Welfare Code, and
for Other Purposes
REPUBLIC ACT NO. 9344 (Survival, Development, and Protection)........................................... 377

An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile
Justice and Welfare Council under the Department of Justice, Appropriating Funds Therefor and
for Other Purposes

An Act Promulgating a Comprehensive Policy and a National System for Ensuring Newborn
Screening

An Act Defining Violence Against Women and their Children, Providing for Protective Measures for
Victims, Prescribing Penalties Therefor, and for Other Purposes
REPUBLIC ACT NO. 9255 (Survival and Development).................................................................416

An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose
Article 176 of Executive Order No. 209, Otherwise Known as the “Family Code of the Philippines”
REPUBLIC ACT NO. 9231 (Protection)............................................................................................417
An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger
Protection for the Working Child, Amending for this Purpose Republic Act No. 7610, As Amended,
Otherwise Known as the “Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act”
REPUBLIC ACT NO. 9211 (Survival and Development)................................................................. 424

An Act Regulating the Packaging, Use, Sale, Distribution and Advertisements of Tobacco Products
REPUBLIC ACT NO. 9208 (Protection).......................................................................................... 437

An Act to Institute Policies to Eliminate Trafficking in Persons Especially Women and Children,
Establishing the Necessary Institutional Mechanisms for the Protection and Support of Trafficked
Persons, Providing Penalties for its Violations, and for Other Purposes

An Act Instituting a Framework of Governance for Basic Education, Establishing Authority and
Accountability, Renaming the Department of Education, Culture and Sports as the Department of
Education, and for Other Purposes

An Act Providing for Benefits and Privileges to Solo Parents and their Children, Appropriating Funds
Therefor and for Other Purposes
REPUBLIC ACT NO. 8750 (Survival)............................................................................................... 459

An Act Requiring the Mandatory Compliance by Motorists of Private and Public Vehicles to Use
Seat Belt Devices, and Requiring Vehicle Manufacturers to Install Seat Belt Devices in All their
Manufactured Vehicles

An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children and for
Other Purposes
REPUBLIC ACT NO. 8370 (Development and Protection)............................................................471

Children’s Television Act of 1997
REPUBLIC ACT NO. 8369 (Development and Protection)........................................................... 476

An Act Establishing Family Courts, Granting them Exclusive Original Jurisdiction Over Child and
Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as the
Judiciary Reorganization Act of 1980, Appropriating Funds Therefor and for Other Purposes

An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime
Against Persons, Amending for the Purpose Act No. 3815, As Amended, Otherwise Known as the
Revised Penal Code and for Other Purposes
An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino Children, and for Other
Purposes

An Act Providing for the Fair and Equitable Allocation of the Department of Education, Culture and
Sports Budget for Capital Outlay

An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment,

An Act Requiring Compulsory Immunization Against Hepatitis-B for Infants and Children Below
Eight (8) Years Old, Amending for the Purpose Presidential Decree No. 996, and Appropriating
Funds Therefor

An Act Amending Section 25 of Batas Pambansa Blg. 232, Otherwise Known as the “Education Act
of 1982”
REPUBLIC ACT NO. 7658 (Development and Protection)............................................................499

An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and
Private Undertakings, Amending for this Purpose Section 12, Article VIII of R.A. 7610

An Act Integrating Drug Prevention and Control in the Intermediate and Secondary Curricula as well
as in the Non-Formal, Informal and Indigenous Learning Systems and for Other Purposes
REPUBLIC ACT NO. 7610 (Survival, Development, and Protection)...........................................502

An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation
and Discrimination, Providing Penalties for its Violation, and for Other Purposes
REPUBLIC ACT NO. 7323 (Development).......................................................................................512

An Act to Help Poor but Deserving Students Pursue their Education by Encouraging their
Employment During Summer and/or Christmas Vacations, Through Incentives Granted to Employers,
Allowing Them to Pay Only Sixty Per Centum of their Salaries or Wages and the Forty Per Centum
through Education Vouchers to be Paid by the Government, Prohibiting and Penalizing the Filing of
Fraudulent or Fictitious Claims, and for Other Purposes
REPUBLIC ACT NO. 6972 (Development and Protection).............................................................514

An Act Establishing a Day Care Center in Every Barangay, Instituting therein a Total Development
and Protection of Children Program, Appropriating Funds Therefor, and for Other Purposes
REPUBLIC ACT NO. 6655 (Development)......................................................................................518
An Act Establishing and Providing for a Free Public Secondary Education and for Other Purposes
EXECUTIVE ORDER NO. 209 (Survival, Development, Protection, and Participation).............520

The Family Code of the Philippines
EXECUTIVE ORDER NO. 56 (Development and Protection)........................................................ 563

Authorizing the Ministry of Social Services and Development to Take Protective Custody of Child
Prostitutes and Sexually Exploited Children, and for Other Purposes
EXECUTIVE ORDER NO. 51 (Development)................................................................................... 565

Adopting a National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and
Related Products, Penalizing Violations Thereof, and for Other Purposes
PRESIDENTIAL DECREE NO. 603 ((Survival, Development, Protection, and Participation)......571

The Child and Youth Welfare Code
REPUBLIC ACT NO. 4881 (Development, Protection, and Participation)...................................606

An Act Creating a Council for the Protection of Children in Every City and Municipality of the
Philippines and for Other Purposes
BATAS PAMBANSA BLG. 232 (Development)...............................................................................607

An Act Providing for the Establishment and Maintenance of an Integrated System of Education
II. Child-related Laws............................................................................................................................... 624

III. Annex................................................................................................................................................... 635
List of Implementing Rules and Regulations................................................................................. 635
List of Issuances from National Government Agencies............................................................... 639
I. Child-Focused Laws
Republic Act Number: Republic Act No. 11930

Title of Law: An Act Punishing Online Sexual Abuse of Exploitation of Children, Penalizing the
Production, Distribution, Possession and Access of Child Sexual Abuse or Exploitation Materi-
als, Amending Republic Act No. 9160, Otherwise Known as the “Anti-Money Laundering Act Of
2001”, as Amended and Repealing Republic Act No. 9775, Otherwise Known as the “Anti-Child
Pornography Act Of 2009”
Short Title: Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual
Abuse or Exploitation Materials (CSAEM) Act
Date of Passage: July 30, 2022
Category of Child’s Rights: Protection
Type of Law: Criminal
Amended by: N/A
Repealed: Republic Act No. 9775 and Section 4 (c) (1) of Republic Act No. 10175, otherwise
known as the “Cybercrime Prevention Act of 2012”
Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act No.
11930 (May 18, 2023)
REPUBLIC ACT NO. 11930
AN ACT PUNISHING ONLINE SEXUAL ABUSE OF EXPLOITATION OF CHILDREN, PENALIZING

THE PRODUCTION, DISTRIBUTION, POSSESSION AND ACCESS OF CHILD SEXUAL ABUSE OR
EXPLOITATION MATERIALS, AMENDING REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE
“ANTI-MONEY LAUNDERING ACT OF 2001”, AS AMENDED AND REPEALING REPUBLIC ACT NO. 977,
OTHERWISE KNOWN AS THE “ANTI-CHILD PORNOGRAPHY ACT OF 2009”
SECTION 1. Short Title. — This Act shall be known as the “Anti-Online Sexual Abuse or Exploitation
of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act.”
SECTION 2. Declaration of Policy. — The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological
and social well-being. Thus, it is the policy of the State to provide special protections to children from all
forms of sexual violence, abuse and exploitation especially those committed with the use of information
and communications technology (ICT), provide sanctions for their commission and carry out programs
for the prevention, deterrence and intervention in all situations of online sexual abuse and exploitation
of children in the digital and non-digital production, distribution or possession of child sexual abuse or
exploitation material. Towards this end, the State shall:
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other
conditions prejudicial to their development;
(b) Protect every child from all forms of abuse or exploitation, whether committed with or without
the use of ICT, such as when the abuse or exploitation involves:
(1) performances and materials through online or offline means or a combination of both;
and
(2) the inducement or coercion of a child to engage or be involved in child sexual abuse or
exploitation materials through whatever means.
1
(c) Comply with international treaties concerning the rights of children to which the Philippines is a
signatory or a State party which include, but is not limited to, the United Nations (UN) Convention
on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography, the International Labour Organization
(ILO) Convention No. 182 on the Elimination of the Worst Forms of Child Labour, and the Convention
against Transnational Organized Crime;
(d) Ensure the right of children to useful, meaningful and safe access to digital technologies that will
provide knowledge and develop their understanding of civil, political, cultural, economic and social
rights and help them achieve their potential to be empowered, responsible, law-abiding citizens,
with the end in view of protecting them from any form of violence online; and
(e) Provide paramount consideration to the interests of children in all actions affecting them, whether
undertaken by public or private social welfare institutions, courts of law, executive agencies, law
enforcement agencies, local government units (LGUs), legislative bodies, and private business
enterprises especially those related to the online safety and protection of children.
SECTION 3. Definition of Terms. — As used in this Act:
(a) Child refers to a person below eighteen (18) years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of physical, mental, intellectual or sensory disability or condition. For purposes of this Act,
a child shall also refer to:
(1) A person regardless of age who is presented, depicted or portrayed as a child as defined
herein; and
(2) Computer-generated, digitally or manually crafted images, or graphics of a person who

is represented or who is made to appear to be a child as defined herein.
(b) Child sexual abuse refers to any form of communication through any platform or format, or any
physical interaction between a child and any person when the child is being used for any act or
activity inducing sexual stimulation or for the purpose of sexual gratification or in pursuit of the
desire to have carnal knowledge of the child, regardless of the gender of the perpetrator or the
victim, or the consent of the victim;
(c) Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM) refers
to any representation, whether offline, or by, through or with the use of ICT, by means of visual,
video, audio, written, or any combination thereof, by electronic, mechanical, digital, optical,
magnetic or any other means, of a child engaged or involved in real or simulated sexual activities,
or depicting acts of sexual abuse or exploitation of a child as a sexual object. It shall also include
materials that focus on the genitalia or other private body parts of a child. For purposes of this Act,
CSAEM may interchangeably be referred to as CSAM;
(d) Child sexual exploitation refers to any of the following acts even if consent appears to have been
granted by the child:
(1) Child sexual abuse with consideration whether monetary or nonmonetary consideration,
favor, or benefit in exchange for the opportunity to perform such abusive or exploitative act
(2) Actual sexual intercourse with a child or children with or without consideration;
(3) Employing fraud, machination, undue influence, intimidation, threat or deception by any
person to commit sexual abuse of or sexual intercourse with a child or children; or
(4) Any other similar or analogous acts related to child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the development of the child;
2
(e) Competent authority refers to law enforcement authority, investigating authority, prosecutor,
court, telecommunications/ICT regulator, cybercrime investigator/coordinator, data privacy
regulator, or the National Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM);
(f) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing
or communications device, or grouping of such devices, capable of performing logical, arithmetic,
routing, or storage functions and which includes any storage facility or equipment or communications
facility or equipment directly related to or operating in conjunction with such device. It covers any
type of computer device including devices with data processing capabilities like mobile phones,
smartphones, computer networks and other devices connected to the internet;
(g) Computer data refers to any representation of facts, information, or concepts in a form suitable
for processing in a computer system, including a suitable program that can enable a computer
system to perform a function, and electronic documents or electronic data messages whether
stored in local computer systems or online;
(h) Content data refers to the content of the communication, the meaning or purport of the
communication, or the message or information being conveyed by the communication, other than
traffic data, or subscriber’s information/registration information;
(i) Grooming refers to predatory conduct, act, or pattern of acts, of establishing a relationship of
trust, or emotional connection by another, with a child or someone who is believed to be a child,
and/or the family, guardian, and/or caregivers, whether in person or via electronic and other similar
devices, for the purpose of perpetrating sexual abuse or exploitation or the production of any form
of CSAEM;
(j) Image-based sexual abuse (ISA) refers to a form of technology-facilitated sexual violence. The
term describes a pattern of behavior involving the nonconsensual creation, distribution, or threats
to distribute nude or sexual images. It includes a diversity of behaviors including, but not limited to,
“sextortion scams,” the use of artificial intelligence to construct “deepfake” pornographic videos,
threats to distribute photographs and videos; and the taking or sharing of sexual assault imagery;
(k) Information and communications technology (ICT) refers to the totality of electronic means to
access, create, collect, store, process, receive, transmit, present and disseminate information;
(l) Internet address refers to the uniform resource locator or internet protocol address of an internet
site;
(m) Internet asset includes internet site and any device that is engaged in peer-to-peer sharing of
OSAEC and CSAEM
(n) Internet café or kiosk refers to an establishment or any place or venue that offers or proposes
to offer the use of its computer/s or computer system for the purpose of accessing the internet,
computer games or related activities: Provided, That for purposes of this Act, non-formal business
establishments that provide internet services shall also be considered as internet café or kiosk;
(o) Internet hotspot refers to an establishment or any place or venue that offers access to the
internet. It includes hotels or motels, malls, restaurants, internet cafés or kiosks, public spaces or
other related/similar places;
(p) Internet intermediaries refer to persons or entities that provide infrastructure, platforms, access
to, and host, transmit and index content, products and services originated by third parties on the
internet. These include, among others:
(1) Internet service providers;
(2) Web hosting providers including domain name registrars;
3
(3) Internet search engines and portals;
(4) E-commerce intermediaries;
(5) Internet payment system providers; and
(6) Participative network platform providers including social media intermediaries.
(q) Internet service provider (ISP) refers to a public telecommunication entity (PTE) or value-added
service (VAS) provider duly authorized by or registered with the National Telecommunications
Commission (NTC) that provides users or other entities with data connection allowing access to the
internet through physical transport infrastructure, and such access is necessary for internet users
to access content and services on the internet, and for content providers to publish or distribute
materials online;
(r) Internet site refers to a website, bulletin board service, internet chat room, newsgroup, or any
other internet or shared network protocol address;
(s) Luring refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission of
sexual activity or production of any form of CSAEM;
(t) Online sexual abuse or exploitation of children (OSAEC) refers to the use of ICT as a means
to abuse and/or exploit children sexually, which includes cases in which offline child abuse and/
or exploitation is combined with an online component. This can also include, but is not limited to,
the production, dissemination and possession of CSAEM; online grooming of children for sexual
purposes; sexual extortion of children, sharing image-based sexual abuse; commercial sexual
exploitation of children; exploitation of children through online prostitution; and live-streaming
of sexual abuse, with or without the consent of the victim: Provided, That OSAEC may be used
interchangeably with online child sexual exploitation or abuse (OCSEA);
(u) Pandering refers to the act of offering, advertising, promoting, representing or distributing
through any means any child sexual abuse or exploitation material, or any material that purports
to contain any form of child sexual abuse or exploitation material, regardless of its actual content;
(v) Participative network platform provider refers to any person or entity, including a social media
intermediary, that facilitates social communication and information exchanges which is based on
online technologies such as web, instant messaging, or mobile technologies, that enable users to
contribute to developing, rating, collaborating and distributing internet content and developing and
customizing internet applications or to conduct social networking. It may also refer to a person or
an entity that provides a platform or site for blogging, video-sharing, picture-sharing, file-sharing
sites, online gaming or instant messaging, among others;
(w) Payment system provider (PSP) refers to an entity engaged in any monetary transaction which
includes banks, fiat or digital money service businesses including cryptocurrencies, credit card
companies and other financial institutions;
(x) Person refers to any natural or juridical entity;
(y) Sexual activity includes the following acts, whether actually performed or simulated:
(1) Sexual intercourse or lascivious act, including contact involving the genitalia, oral
stimulation of the genitals or oral stimulation of the anus, whether between persons of the
same or opposite sex;
(2) Masturbation;
(3) Sadistic or masochistic abuse;
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(4) Lascivious exhibition of the genitals, buttocks, breasts, pubic area and anus;
(5) Bestiality;
(6) Use of any object or instrument for lascivious acts; or
(7) Any other analogous circumstance.
(z) Sexualization of a child refers to the act of using a child as an object for the sexual desire or
satisfaction of another, even if there is no actual sexual intercourse or no private part of the body
of the child has been shown;
(aa) Streaming refers to the broadcasting or viewing through the use of ICT, whether the viewer
is passively watching or actively directing the content. It is considered live-streaming when the
broadcasting or viewing occurs in real-time;
(bb) Subscriber’s information or Registration information refers to any information contained in the
form of computer data or any other form that is held by a service provider or internet intermediary,
relating to subscribers or registrants of its services other than traffic or content data and by which
identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and the
period of service;
(2) The identity, postal or geographic address, telephone and other access numbers, assigned
network address, billing and payment information of the subscriber that is available on the
basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of communication equipment,
available on the basis of the service agreement or arrangement.
(cc) Traffic data or non-content data refers to any computer data other than the content of
the communication including the origin, destination, route, time, date, size, duration, or type of
communication of the underlying service; and
(dd) Web hosting provider refers to a person that provides infrastructure for hosting, supplies
web server space and internet connectivity that enables a user to post, upload, download and
share user-generated content, or a content provider who supplies content to the internet. It shall
also refer to a person that provides specialized hosting services such as streaming services or
application hosting, domain name registration services, or services that enable users to create and
manage their websites.
SECTION 4. Unlawful or Prohibited Acts. — Regardless of the consent of the child, it shall be unlawful
for any person to commit the following acts through online or offline means or a combination of both:
(a) To hire, employ, use, persuade, induce, extort, engage, or coerce a child to perform or participate
in whatever way in the creation or production of any form of OSAEC and CSAEM;
(b) To produce, direct, manufacture, facilitate, or create any form of CSAEM, or participate in the
production, direction, manufacture, facilitation or creation of the same;
(c) To offer, sell, distribute, advertise, promote, export, or import, by any means, any form of CSAEM;
(d) To knowingly publish, transmit and broadcast, by any means, any form of CSAEM;
(e) To permit or influence the child to engage, participate or assist in any form of CSAEM;
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(f) To produce, direct, create, hire, employ or pay a facilitator to stream or livestream acts of child
sexual abuse or exploitation
(g) To stream or live-stream acts of, or any form of, child sexual abuse and exploitation;
(h) To recruit, transport, transfer, harbor, provide, or receive a child or to induce or influence the
same, for the purpose of violating this Act;
(i) To introduce or match a child to a foreign national or to any person for the purpose of committing
any of the offenses under this Act;
(j) For film distributors, theaters and ICT services by themselves or in cooperation with other entities,
to distribute any form of CSAEM or to facilitate the commission of any of the offenses under this Act;
(k) To knowingly benefit from, financial or otherwise, the commission of any of the offenses of
this Act;
(l) To provide a venue for the commission of prohibited acts under this section such as dens, private
rooms, cubicles, cinemas, houses, private homes, or other establishments;
(m) To engage in the luring or grooming of a child: Provided, That grooming taking place offline as
a prelude to violations under this Act shall also be penalized;
(n) To sexualize children by presenting them as objects of sexual fantasy, or making them
conversational subjects of sexual fantasies, in any online or digital platform;
(o) To engage in pandering as defined under this Act;
(p) To willfully subscribe, join, donate to, or support an internet site that hosts OSAEC or the
streaming or live-streaming of child sexual abuse and exploitation;
(q) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means of any brochure, flyer, or any material that
promotes OSAEC and child sexual abuse or exploitation
(r) To possess any form of CSAEM: Provided, That possession of three (3) or more CSAEMs is prima
facie evidence of the intent to sell, distribute, publish or broadcast;
(s) To willfully access any form of CSAEM; and
(t) To conspire to commit any of the prohibited acts stated in this section:
Provided, That the investigation or prosecution of offenses under this Act shall be without prejudice
to appropriate investigation and prosecution mechanisms under Republic Act No. 9208, otherwise
known as the “Anti-Trafficking in Persons Act of 2003,” as amended, and other related laws.
SECTION 5. Effect of Consent of the Victim. — The consent of the victim is not material or relevant
and shall not be available as a defense in the prosecution of the unlawful acts prohibited under this Act.
SECTION 6. Syndicated and Large-Scale Violations of this Act. — Any violation of this Act shall be
deemed to have been committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. If the crime was committed against three (3) or more persons,
it shall be considered as large-scale violation of this Act.
SECTION 7. Protection of a Good Samaritan. — Any person who has the responsibility of reporting
cases under this Act, blocking an internet address, removing a website or domain, taking down of shared
videos, pictures, or messages for the services provided by an internet intermediary, and providing
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information for the purpose of an investigation or prosecution of a case involving acts of OSAEC shall not
be held civilly, criminally or administratively liable: Provided, That the action was:
(1) done in good faith;
(2) necessary to prevent access or dissemination of CSAEMs; and
(3) reported within twenty-four (24) hours from the act of blocking an internet address, removing a
website or domain, or taking down of shared video, picture or messages.
SECTION 8. Safe Harbor Exception. — Access, possession and recording of any CSAEM of
any person for the purpose of complying with the duties under this Act; the reporting to government
authorities; legitimate investigation and administration of the criminal justice system; and legitimate policy,
scholarly and academic purposes with requisite ethical clearance, shall not be subject to any civil, criminal,
or administrative liability.
SECTION 9. Duties and Responsibilities of Private Sectors. —
(a) Duties of Internet Intermediaries. — Internet intermediaries shall:
(1) Adopt in their terms of service or service agreements with third-party users or creators of
contents, products and services the prohibition of any form or any conduct of streaming or
live-streaming of OSAEC and CSAEM in the use of their website, platform, server or facility
(2) Preserve within six (6) months from the date of the transaction extendible for another six
(6) months or during the pendency of the case, all subscriber’s or registration information
and traffic data in its control and possession: Provided, That in the case of content data, the
same shall be preserved within one (1) year, and upon notice by the competent authority,
the preservation shall be extendible for another six (6) months: Provided, however, That the
competent authority shall expressly identify and specify such relevant evidence that needs
preservation: Provided, further, That the integrity of all computer data such as subscriber’s
information, traffic data and content data relating to communication services provided by
a service provider shall be protected for the purpose of investigation and prosecution of
cases under this Act: Provided, finally, That the preservation period provided under the law
governing foreign corporations doing business in the Philippines or the period provided
under this Act, whichever is longer, shall prevail;
(3) Immediately block access to, remove or take down the internet address, uniform resource
locator (URL), websites or any content thereof containing CSAEM or involving streaming
or live-streaming of OSAEC, within twenty-four (24) hours from receipt of notice from a
competent authority or notice containing sufficient information to identify the content and
its source: Provided, That this period may be extended to another twenty-four (24) hours
upon submission of a written justification if the notice was made by any private citizen
or by a competent authority without sufficient information to identify the content and its
source: Provided, however, That the period provided in the preceding paragraph on the
period of preservation of subscriber’s or registration information, traffic or content data
shall apply: Provided, further, That the competent authority shall, as far as practicable,
expressly identify and specify such relevant evidence that needs preservation
(4) Report to the Department of Justice (DOJ), within three (3) days, the internet address
or websites blocked, removed or taken down, or any form of unusual data activity using its
server or facility: Provided, That in cases when a foreign internet intermediary is prohibited
by its country to share data, the reports filed by such foreign internet intermediary to the
corresponding entity tasked by its government to receive cybercrime reports shall be
deemed in compliance with this provision: Provided, however, That the said foreign internet
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intermediary shall inform the DOJ of such reporting: Provided, further, That whatever
relevant evidence otherwise not prohibited by law to be shared shall nevertheless be
reported to the DOJ;
(5) Provide, pursuant to a subpoena issued by the Philippine National Police (PNP) in
accordance with Republic Act No. 6975, as amended, otherwise known as the “Department
of the Interior and Local Government Code of 1990” or by the National Bureau of Investigation
(NBI) in accordance with Republic Act No. 10867, otherwise known as the “National Bureau of
Investigation Reorganization and Modernization Act or by the prosecutor in accordance with
the Rules of Court; and notwithstanding the provisions of Republic Act No. 10175, otherwise
known as the “Cybercrime Prevention Act of 2012” and in accordance with Republic Act No.
10173, otherwise known as the “Data Privacy Act of 2012,” the subscriber’s or registration
information and/or traffic data of any person who:
(i) Gained or attempted to gain access to an internet site, internet asset or internet
application which contains any form of CSAEM; or
(ii) Facilitated the violations of this Act; or
(iii) Conducted the streaming or live-streaming of child sexual exploitation.
The subpoena must particularly describe the information asked for and indicate the
relevancy of such information to the sexual abuse and exploitation of children (SAEC) case.
The subpoena must particularly describe the information asked for and indicate the
relevancy of such information on violations of this Act.
(6) Develop, establish and install mechanisms or measures designed to prevent, detect,
respond or report violations of this Act within their websites, platforms, applications, servers
or facilities, compatible with the products and services they offer that may be in accordance
with the global best practices and guidelines to counter violations of this Act which may
include the installation of available technology, program, or software to ensure that access
to or streaming of violations of this Act will be removed, blocked or filtered;
(7) Coordinate with the Department of Justice-Office of Cybercrime (DOJ-OOC) to define

the standard upon which an internet intermediary is measured, in order to fairly assess if an
internet intermediary has reasonably complied with its duties under this Act; and
(8) Have a policy on notifying their community to ensure that their policy has a provision
on delaying or dispensing with notification to an account holder, subscriber or customer
of the internet intermediary who is stated to be a suspected offender of an act of OSAEC
in an ongoing criminal investigation, of the existence of a subpoena, warrant, court order,
or other governmental request directing the internet intermediary to disclose information
about the said account holder, subscriber or customer for the purposes of the criminal
investigation.
(b) Duties of Internet Service Providers (ISPs). — In addition to the above duties and responsibilities,
all ISPs shall:
(1) Notify the PNP or the NBI within forty-eight (48) hours from receipt of information that
any form of child sexual abuse or exploitation is being committed using its server or facility,
or is likely being committed using its server or facility based on, among others, traffic
analysis and observed sudden surges in usage;
(2) Block CSAEM or the streaming or live-streaming of a child sexually abused or exploited
within twenty-four (24) hours from receipt of notice containing sufficient information to
identify the content and its source: Provided, That if the information contained in the notice
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points to a legitimate website where the blocking thereof may result to blocking of legitimate
contents therein, the ISPs shall have the obligation to inform the PNP or NBI within the
same period of such fact: Provided, further, That failure of the ISPs to block any form of
CSAEM or the streaming and/or live-streaming of child sexual exploitation within twenty-
four (24) hours from receipt of notice as described above, shall be prima facie evidence of
knowledge, as punished under Section 4 (d) of this Act;
(3) Maintain logs of each and every subscriber and the IP address assigned to each and
every subscriber at a given date and time
(4) Develop and adopt a set of systems and procedures for preventing, blocking, detecting,
and reporting of OSAEC and CSAEM committed within their platforms, which are compatible
with the services and products they offer, including the maintenance and management of
an updated list of URLs containing CSAEM by partnering with organizations that maintain
the most comprehensive list of URLs with CSAEM, and those with hashes of the same;
(5) Adopt and integrate child protection standards in their corporate governance practice
and processes; a
(6) Establish high privacy setting as default safety and privacy settings for children, and
where practicable and necessary, adopt age-verification controls and protocols to restrict
their access to materials within the purview of Section 3 (c) (iv) of Presidential Decree No.
1986, entitled as “Creating the Movie and Television Review and Classification Board.”
(c) Duties of PSPs. In addition to the duties specified for internet intermediaries as applicable to
internet PSPs, any person who has direct knowledge of any OSAEC and CSAEM financial activity
shall have the duty to report any suspected OSAEC and CSAEM-related activity or suspicious
transaction to the DOJ-OOC within twenty-four (24) hours and they shall also have the duty to
report to the Anti-Money Laundering Council (AMLC), within five (5) days from discovery thereof.
Law enforcement agencies investigating violations of this Act may require financial intermediaries,
internet PSPs, and other financial facilitators to provide financial documents and information upon
order of any competent court when it has been established that there is reasonable ground to
believe that the transactions to be examined involve prohibited activities under this Act.
Notwithstanding the provisions of Republic Act No. 1405, entitled “An Act Prohibitng Disclosure
of or Inquiry into Deposits with any Banking Institution and Providing Penalty Therefor,” as
amended, Republic Act No. 6426, otherwise known as the “Foreign Currency Deposit Act of the
Philippines,” as amended,Republic Act No. 8791, otherwise known as “The General Banking Law
of 2000,” as amended, and other pertinent laws, the law enforcement agencies investigating
cases under this Act may inquire into or examine any particular deposit or investment, including
related accounts, with any banking institution or any non-bank financial institution upon order of
any competent court when it has been established that there is reasonable ground to believe that
the deposit or investments, including related accounts involved, are related to violations of this Act.
Violations under Sections 4 and 5 of this Act shall be considered as “unlawful activity” under Section
3 (i) of Republic Act No. 9160, otherwise known as the “Anti-Money Laundering Act of 2001,” as
amended, and shall be punishable under the said Act.
Money transfer and remittance centers shall require individuals transacting with them to present
valid government identification cards.
The Department of the Interior and Local Government (DILG) and the AMLC shall promulgate,
within ninety (90) days from the effectivity of this Act, the necessary rules and regulations for the
implementation of this provision.
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(d) Responsibility of All Internet Hotspots, Cafés or Kiosks. — Internet hotspots, cafés or kiosks shall:
(1) Notify the NCC-OSAEC-CSAEM, within twenty-four (24) hours from obtaining facts
and circumstances, of any violation of this Act that are being committed within their
premises: Provided, That there is a prima facie knowledge that a violation of this Act is being
committed if such acts or omission has been committed within the premises of such internet
hotspot, café or kiosk;
(2) Install and update programs and software designed to detect sexually explicit activities
involving children and ensure that access to or transmittal of such materials will be blocked
or filtered; and
(3) Promote awareness against OSAEC and CSAEM through clear and visible signages in
both English and the local dialect, with local and national hotlines posted within their facilities.
SECTION 10. Penalties. — The following penalties shall be imposed on the following offenses:
(a) Any person who violates Section 4, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of
this Act shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00).
(b) Any person who violates Section 4, paragraphs (k) and (l) of this Act shall suffer the penalty
of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than One
million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00).
(c) Any person who violates Section 4, paragraphs (m), (n), and (o) of this Act shall suffer the
penalty of reclusion temporal in its maximum period and a fine of not less than Eight hundred
thousand pesos (P800,000.00) but not less than One million pesos (P1,000,000.00).
(d) Any person who violates Section 4, paragraph (p) of this Act shall suffer the penalty of reclusion
temporal in its medium period and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than Eight hundred thousand pesos (P800,000.00).
(e) Any person who violates Section 4, paragraph (q) of this Act shall suffer the penalty of reclusion
temporal in its minimum period and a fine of not less than Three hundred thousand pesos
(P300,000.00) but not more than Five hundred thousand pesos (P500,000.00).
(f) Any person who violates Section 4, paragraph (r) of this Act shall suffer the penalty of reclusion
temporal and a fine of not less than Three hundred thousand pesos (P300,000.00).
(g) Any person who violates Section 4, paragraph (s) of this Act shall suffer the penalty of prision
mayor in its maximum period and a fine of not less than Two hundred thousand pesos (P200,000.00)
but not more than Three hundred thousand pesos (P300,000.00).
(h) Any person who violates Section 4, paragraph (t) of this Act shall suffer the penalty of prision
mayor in its medium period and a fine of not less than One hundred thousand pesos (P100,000.00)
but not more than Two hundred thousand pesos (P200,000.00).
(i) Any person who violates Section 6 of this Act shall suffer the penalty of life imprisonment and a
fine of not less than Five million pesos (P5,000,000.00) but not more than Twenty million pesos
(P20,000,000.00).
In addition to the above penalties, the following offenders shall be ineligible for parole:
(1) An offender who is a recidivist;
(2) An offender who is a step-parent or collateral relative within the third (3rd) degree of consanguinity
or affinity having control or moral ascendancy over the child; and
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(3) Any offender whose victim died or suffered permanent mental, psychological or physical
disability.
Except for the violations of this Act that are penalized with life imprisonment, the frustrated commission
of the acts prohibited under Section 4 shall be punishable with the penalty one degree lower than that
prescribed under this Act: Provided, That attempted commission of the acts prohibited under Section 4
shall be punishable with the penalty two (2) degrees lower than that prescribed under this Act.
Any person found guilty of violating Section 9 of this Act shall suffer the penalty of prision mayor in its
medium period and a fine of not less than One million two hundred thousand pesos (P1,200,000.00) but
not more than Two million pesos (P2,000,000.00) for the first offense. In case of subsequent offense, the
penalty shall be a fine of not less than Two million pesos (P2,000,000.00) but not more than Three million
pesos (P3,000,000.00) and revocation of its license or franchise to operate and the immediate closure of
the establishment, when applicable.
Any government official or employee or agent who abuses the authority provided for under Sections 9 and
23 of this Act shall be penalized with imprisonment of prision mayor in its maximum period and perpetual
disqualification to hold public office, the right to vote and participate in any public election and a fine of not
less than Five hundred thousand pesos (P500,000.00). All the benefits due from service in the government
of such public officer or employee shall also be forfeited.
SECTION 11. Juridical Persons. — If the offender is a juridical person, the penalty shall be imposed
upon the owner, manager, partner, member of the board of directors and/or any responsible officer of
an enterprise who participated in the commission of the crime or shall have knowingly permitted or failed
to prevent its commission. In addition, the corporation shall be fined a minimum of ten percent (10%) but
not more than thirty percent (30%) of its net worth and its respective license or permit to operate may be
revoked.
SECTION 12. Alien Offenders. — If the offender is a foreigner, the offender shall be criminally
prosecuted immediately. Thereafter, the offender shall be deported after serving sentence and will be
permanently barred from re-entering the Philippines
SECTION 13. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child
Sexual Abuse or Exploitation. — In addition to the penalty imposed for violations of this Act, the court
shall order the confiscation and forfeiture in favor of the government of all the proceeds, tools and
instruments used in the commission of the crime, unless these are properties of a third person not liable
for the unlawful act: Provided, That all awards for damages shall be taken from the personal and separate
properties of the offender: Provided, however, That if such properties are insufficient, the deficiency shall
be taken from the confiscated and forfeited proceeds, tools and instruments.
All proceeds derived from the sale of properties used for the commission of any form of child sexual
abuse or exploitation shall be exclusively used for the purpose of child-rearing programs under the special
account of the Department of Social Welfare and Development (DSWD).
When the proceeds, tools and instruments used in the commission of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the
offender, or it has been concealed, removed, converted or transferred to prevent the same from being
found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the
value of the proceeds, tools and instruments used in the commission of the offense.
SECTION 14. Extra-Territorial Jurisdiction. — The State shall exercise jurisdiction over
any act defined and penalized under this Act, even if committed outside the Philippines and whether or
not such act or acts constitute an offense at the place of commission, if the offense, being a continuing
offense, was either commenced in the Philippines; or committed in another country: Provided, That in the
case of the latter, the suspect or accused is a Filipino citizen, a permanent resident of the Philippines, and
has committed the act against a citizen of the Philippines.
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No prosecution may be commenced against a person under this section if a foreign government, in
accordance with jurisdiction recognized by the Philippines, has prosecuted or is prosecuting such person
for the conduct constituting such offense, except upon the approval of the Secretary of Justice.
SECTION 15. Extradition and Mutual Legal Assistance. — The DOJ shall be the central authority for
all requests for extradition and mutual legal assistance in all legal matters: Provided, That the government
may surrender or extradite any person accused or convicted of child sexual abuse or exploitation pursuant
to the extradition law and applicable extradition treaty.
The DOJ shall make and receive requests for mutual legal assistance in criminal matters from a foreign
State relative to the investigation or prosecution of, related criminal proceedings to, any form of child
sexual abuse or exploitation and execute or arrange for the execution of such request for assistance. In
case there is an existing mutual legal assistance treaty between the Philippines and a foreign State, the
provisions of that treaty shall apply.
SECTION 16. Cooperation of Law Enforcement Agencies in OSAEC and CSAEM Investigation. —
Recognizing the transnational nature of OSAEC and CSAEM, and notwithstanding the immediately
preceding section, the PNP and NBI shall endeavor to establish cooperation arrangements with foreign
law enforcement agencies for faster exchange of information, best practices, and joint investigations on
OSAEC and CSAEM cases.
SECTION 17. Authority of Law Enforcement Agencies to Retain Computer Data. — Notwithstanding
the provisions of Sections 15 and 16 of Republic Act No. 10175, whenever a cybercrime warrant is issued for
an OSAEC and CSAEM cases, law enforcement authorities shall be authorized to retain a copy of the result
of digital forensic examinations for the purpose of identifying additional victims and suspects, and carrying
out a further investigation, case build-up, and referral of information, whenever the crime is found to have
nexus abroad, to foreign law enforcement authorities for the conduct of a parallel investigation.
SECTION 18. Appointment of Special Prosecutors. — The DOJ shall appoint or designate special
prosecutors to prosecute cases for the violation of this Act.
SECTION 19. Jurisdiction. — Jurisdiction over cases for the violation of this Act shall be vested in
the Family Court which has territorial jurisdiction over the place where the offense or any of its essential
elements was committed pursuant to Republic Act No. 8369, otherwise known as the “Family Courts Act of
1997,”: Provided, That the court shall not require the presence of a child victim during the trial and that the
child shall testify in accordance with “Rule on Examination of a Child Witness,” as may be provided by the
Supreme Court and the Rules of Court.
SECTION 20. Venue. — A criminal action arising from a violation of this Act shall be filed where the
offense was committed, where any of its elements occurred, or where the child is found or actually resides
at the time of the commission of the offense: Provided, That the court where the criminal action is first filed
shall acquire jurisdiction to the exclusion of the other courts.
SECTION 21. Confidentiality. — The right to privacy of the child shall be ensured at any stage of the
investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules shall
be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred may,
whenever necessary, ensure a fair and impartial proceeding and after considering all circumstances
for the best interest of the child, conduct a closed-door investigation, prosecution or trial;
(b) The name and personal circumstances of the child, including the child’s immediate family, or any
other information tending to establish the identity of the child shall not be disclosed to the public;
(c) Any record regarding a child shall be confidential and kept under seal. Except upon written
request and order of the court, a record shall be released only to the following:
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(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies; and
(6) Other persons as determined by the court.
(d) Any form of child sexual abuse or exploitation that is part of the court records shall be subject
to a protective order that provides as follows:
(1) Any form of child sexual abuse or exploitation may be viewed only by the parties, their
counsel, their expert witness and guardian ad litem;
(2) Neither form of child sexual abuse or exploitation nor any portion thereof shall be
divulged to any other person, except as necessary for investigation, prosecution or trial;
and
(3) No person shall be granted access to any form of child sexual abuse or exploitation
or any part thereof unless there is a written affirmation of the receipt of a copy of the
protection order; that such person submits to the jurisdiction of the court with respect to
the protective order; and that, in case of violation thereof, such person will be subject to the
contempt power of the court; and
(e) It shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials,
announcer, producer or social media influencer or content creator, in case of television and radio
broadcasting and digital media, and producer and director of the film in case of the movie industry,
to cause any undue publicity that may result in the further suffering of the child. Any person or
agency involved in the reporting, investigation or trial of cases under this Act shall refrain from
any act or statement that may be construed as blaming the victim or placing responsibility on the
victim for the offense committed against them.
SECTION 22. Applicability of Juvenile Justice and Welfare Act, as Amended. — In cases where
the offender is a child, the prosecution of the offense shall be in accordance with Republic Act No.
9344, otherwise known as the “Juvenile Justice and Wlefare Act of 2006,” as amended, and the child shall
be accorded the appropriate treatment and services under the said law: Provided, That in cases of self-
generated CSAMs, the child producing the sexualized materials shall be considered as a victim and not as
an offender. The child victim shall be accorded the necessary treatment and services under this Act and in
existing laws.
SECTION 23. Initiation of Investigation. — Law enforcement agencies are mandated to immediately
initiate investigation and counter-OSAEC and -CSAEM-intelligence gathering upon receipt of statements or
affidavits from victims of OSAEC and CSAEM, or their families, and other persons who have knowledge or
information about violations of this Act, including the private sector.
Agencies that receive complaints of violations of this Act shall develop both online and face-to-
face reporting mechanisms that are gender-sensitive, age-appropriate and culturally sensitive to children,
especially girls.
In investigating violations of this Act, a law enforcement officer may, upon a written order from the
regional trial court, track, intercept, view, monitor, surveil, listen to, and record, by technical or electronic
means, any communications, information or messages, including the procurement of content data,
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transmitted by means of a computer system involving at least one (1) person reasonably believed to have
committed violations under this Act: Provided, That when the offense involves the use of computer systems
and digital platforms, a court order shall not be required in order for a law enforcement officer acting in an
undercover capacity to intercept a communication with a person reasonably believed to have committed,
is committing, or is about to commit any of the violations of this Act.
Where an order is required, the order shall only be issued or granted upon written application of
a law enforcement officer, who shall be examined under oath or affirmation, and the witnesses he or she
may produce and the showing that:
(1) there are reasonable grounds to believe that any of the crimes enumerated hereinabove has
been committed, or is being committed, or is about to be committed;
(2) that there are reasonable grounds to believe that evidence that will be obtained is essential to
the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and
(3) that there are no other means readily available for obtaining such evidence.
The order shall only be effective for the length of time determined by the court, which shall not
exceed a period of ten (10) days from its issuance. The court issuing the order may, upon motion, extend
its effectivity based only on justifiable reasons for a period not exceeding ten (10) days from the expiration
of the original period.
In investigating violations of this Act involving the use of the internet and other digital platforms, law
enforcement officers acting in an undercover capacity who record their communications with a person or
persons reasonably believed to have committed, is committing, or is about to commit any of the violations
under this Act shall not be considered as wiretapping or illegal interception, shall not be liable under the
provisions of Republic Act No. 4200, otherwise known as “The Anti-Wiretapping Law”: Provided, That
victims of violations of this Act shall not be liable under the provisions of “The Anti-Wiretapping Law” and
the “Cybercrime Prevention Act of 2012” if they record, transmit, or perform any other acts directly or
indirectly related to the reporting of any violation of this Act committed against them.
SECTION 24. Who May File a Complaint. — Complaints on cases of any form of child sexual abuse
or exploitation punishable under this Act may be filed by the following:
(1) Offended party;
(2) Parents or guardians;
(3) Ascendant or collateral relative within the third (3rd) degree of consanguinity;
(4) Officer, social worker or representative of a licensed child-caring institution;
(5) Officer or social worker of the DSWD;
(6) Local social welfare development officer;
(7) Any barangay official;
(8) Any law enforcement officer;
(9) At least three (3) concerned responsible citizens residing in the place where the violation
occurred; or
(10) Any person who has personal knowledge of the circumstances of the commission of any
offense under this Act.
SECTION 25. Affidavit of Desistance. — Cases involving OSAEC and CSAEM shall not be dismissed
based on the affidavit of desistance executed by the victims or their parents or legal guardians. Public and
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private prosecutors are directed to vigorously oppose and manifest objections to motions for dismissal.
Any act that unduly pressures the complainant to execute an affidavit of desistance shall be punishable
under this Act.
SECTION 26. Protective Custody of the Child. — The child victim shall be immediately placed under
the protective custody of the city or municipal social welfare and development office: Provided, That
in cases where (a) the city or municipal social welfare and development office has no registered social
worker that can perform case management; (b) the LGU does not have any residential care facility that
can afford center-based intervention and rehabilitation; and/or (c) it was assessed that there are safety
and risk factors detrimental to the child’s stay in the same locality, the DSWD shall provide support and
assistance to the concerned city or municipal social welfare and development office by assuming temporary
protective custody over the child: Provided, however, That the needs of the child shall be provided for
by the concerned LGU: Provided, further, That the custody proceedings shall be in accordance with the
provisions of Presidential Decree No. 603, otherwise known as “The Child and Youth Welfare Code.”
The DSWD and the DOJ shall extend all necessary legal assistance and support to the city or
municipal social welfare and development office for any legal impediment that may arise in performing
their functions in assuming temporary protective custody as another form of technical assistance and
resource augmentation. In the regular performance of this function, the city or municipal social welfare and
development office or the DSWD shall be free from any administrative, civil or criminal liability.
The child shall also be considered as a victim of a violent crime defined under Section 3 (d) of
Republic Act No. 7309, entitled “An Act Creating a Board of Claims under the Department of Justice for
Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes,” and
may claim compensation therefor.
SECTION 27. Mandatory Services to Victims of Child Sexual Abuse or Exploitation. — To ensure
recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies
and the LGUs, through its city or municipal social welfare and development office, shall make available
the following services to victims of any form of child sexual abuse or exploitation and their families, when
applicable:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services, which shall include information about the victim’s rights and the procedure
for filing of complaints, claims for compensation and such other legal remedies available to them in
a language understood by the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
Sustained supervision and follow-through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the child victims shall be adopted and carried out.
The DSWD and other concerned national government agencies may provide the necessary technical
assistance and resource augmentation to the LGUs or city or municipal social welfare and development
office, subject to the availability of funds.
SECTION 28. Programs for Victims of Child Sexual Abuse or Exploitation. — The National Coordination
Center against OSAEC and CSAEM created under Section 30 of this Act shall develop and implement the
necessary programs that will prevent any form of child sexual abuse or exploitation, as well as protect, heal
and reintegrate the child or children into the mainstream of society. Such programs shall include the
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(a) provision of mandatory services including counseling, free legal services, medical or psychological
services, livelihood and skills training and educational assistance to the child or children and their
families;
(b) sponsorship of a national research program on OSAEC and CSAEM and the establishment of a
data collection system for monitoring and evaluation purpose;
(c) provision of necessary technical and material support services to appropriate government
agencies and nongovernment organizations (NGOs);
(d) sponsorship of conferences and seminars to provide a venue for consensus building amongst
the public, the academe, government, nongovernment and international organizations;
(e) promotion of information and education campaigns regarding the safe and responsible use of
the internet in relation to the violations of this Act to educate the public, including children; and
(f) provision of programs developed for purposes of intervention and diversion, as well as
rehabilitation of the child victim, for reintegration into the family of the child or community.
SECTION 29. Reasonable Accommodation for Children with Disabilities. — The DOJ and the DSWD
shall develop guidelines, within ninety (90) days from the finalization of the implementing rules and
regulations of this Act and pursuant to the UN Convention on the Rights of Persons with Disabilities, for
the provision, as far as practicable, of necessary and appropriate modification and adjustments across all
stages of case management of OSAEC cases to ensure children with disabilities will have access to justice.
The Supreme Court shall, in accordance with its rules and the UN Convention on the Rights of Persons
with Disabilities, issue guidelines for the provision, as far as practicable, of necessary and appropriate
modification and adjustments across all stages of case management of OSAEC and CSAEM cases to ensure
children with disabilities will have access to justice.
SECTION 30. National Coordination Center against OSAEC and CSAEM. — There shall be a National
Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM) under the Inter-Agency Council
Against Trafficking (IACAT) formed under Republic Act No. 9208, otherwise known as the “Anti-Trafficking
in Persons Act of 2003,” as amended. The IACAT shall retain its composition and functions as provided
under the Anti-Trafficking in Persons Act of 2003, as amended, with the additional mandate of addressing
cases falling under this Act. The NCC-OSAEC-CSAEM, under the direction of the IACAT, shall develop and
implement the necessary programs that will prevent the commission of OSAEC and CSAEM, as well as
protect, heal and reintegrate the child into the mainstream of society. Such programs shall include the
following:
(a) Provision of mandatory services including emergency shelter or appropriate housing including
foster care or kinship care arrangements, counseling, free legal services, medical or psychological
services, as well as support services including community-based rehabilitation, livelihood and skills
training, educational assistance to the child, sustained supervision and follow-through mechanisms
that will track the progress of recovery, rehabilitation, and reintegration of the child;
(b) Sponsorship of a national research program on OSAEC and CSAEM and the establishment of a
data collection system for monitoring and evaluation purposes;
(c) Development and implementation of a sustained, gender-responsive and effective communication,

education and information campaigns at the national, local and community levels using all forms of
media, aimed at promoting a working understanding of the law and situating it in the larger context
of women and children’s rights;
(d) Development of a monitoring and data collection system or database, for purposes of ensuring
efficient collection and storage of data on all OSAEC and CSAEM cases, including:
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(1) the number of cases being investigated, submitted for prosecution, dropped, filed or are
pending before the courts, as well as the number of convictions and acquittals;
(2) the profile/information on each case;
(3) the number of victims of OSAEC and CSAEM referred to the agency by countries/area
and by area of origin; and
(4) disaggregated data on OSAEC and CSAEM victims and the accused/defendants as to
gender, age and nationality.
(e) Establishment of a point-of-contact and coordination system with international organizations for
the receipt of reports on OSAEC and CSAEM; and
(f) Promotion of information, awareness and education campaigns regarding safe and responsible
use of the internet in relation to OSAEC and CSAEM to educate the public, including children.
SECTION 31. Secretariat. — The NCC-OSAEC-CSAEM shall have its own Secretariat and shall be
headed by an Executive Director, who shall be appointed by the IACAT. The Executive Director must have
adequate knowledge of, training and experience in the phenomenon of and issues involved in OSAEC,
CSAEM and in the field of law, law enforcement, ICT, social work, and child protection. The Executive
Director shall be under the supervision of the IACAT and shall perform the following functions:
(a) Act as the administrative officer of its Secretariat;
(b) Advise and assist the IACAT Chairpersons in formulating and implementing the objectives,
policies, plans and programs of the NCC-OSAEC-CSAEM, including those involving mobilization of
government offices as well as other relevant government offices, task forces, and mechanisms;
(c) Oversee the referral pathway protocols;
(d) Oversee all operational activities;
(e) Provide assistance to law enforcement agencies in the investigation and prosecution of OSAEC
and CSAEM cases;
(f) Ensure the security of the database of OSAEC and CSAEM cases;
(g) Ensure effective and efficient performance of functions and prompt implementation of objectives,
policies, plans and programs;
(h) Propose effective allocations of resources for implementing objectives, policies, plans and
programs;
(i) Submit periodic reports to the IACAT members on the progress of objectives, policies, plans and
programs;
(j) Coordinate with the DOJ-OOC to monitor compliance of internet intermediaries pursuant to the
latter’s obligations under this Act; and
(k) Perform other duties as the IACAT Chairs may assign.
SECTION 32. Referral Pathway for OSAEC Cases. — There shall be an organized and unified
referral pathway for reporting, detecting, investigating, prosecuting, and providing aftercare assistance
and support in OSAEC and CSAEM cases. The NCC-OSAEC-CSAEM shall develop a system and a set of
gender-responsive, child-friendly, victim-centered and trauma-informed protocols for referring OSAEC and
CSAEM cases and recording and maintaining a unified database for the purpose of tracking and updating
the status and stages of investigation and prosecution of the same, consistent with existing laws on the
17
protection of the welfare of children. The NCC-OSAEC-CSAEM shall also develop a feedback mechanism
for victim-survivors who have accessed its services via this pathway.
SECTION 33. Local Governments. — Local governments shall pass an ordinance to localize efforts
against OSAEC and CSAEM, take account local culture and norms, institutionalize community-based
initiatives that address OSAEC and CSAEM at the barangay level, establish OSAEC and CSAEM prevention
programs that aim to educate families against OSAEC and CSAEM, and provide a holistic local program
for rehabilitation and reintegration under the local social welfare and development office including support
and protection for victims and survivors.
SECTION 34. Blacklisting of Alien OSAEC Offenders. — In coordination with the Department of
Foreign Affairs (DFA), the Bureau of Immigration (BI) and the DOJ shall ensure that all convicted offenders
of OSAEC, CSAEM, or similar or equivalent crimes in other jurisdictions, or those aliens reported to or being
monitored by Philippine law enforcement authorities for conducting OSAEC and CSAEM activities shall not
be allowed entry in the Philippines. In addition to its data system collection and database functions under
Section 32, the NCC-OSAEC-CSAEM shall create and maintain an updated registry of blacklisted aliens
based on the information from the DFA, BI and the DOJ.
SECTION 35. Age Verification Protocols. — All online providers of adult content shall be required to
adopt an anonymous age verification process before granting access to adult content. Not later than one
(1) year after the passage of this Act, the NTC shall complete a policy study into age-verification controls
and protocols by internet intermediaries that may be put in place in order to restrict the access of children
to materials within the purview of Section 3 (c) (iv) of Presidential Decree No. 1986, with the end in view
of promulgating rules and regulations to this effect. Said rules and regulations governing the adoption of
an anonymous age verification process shall be promulgated not later than eighteen (18) months after the
passage of this Act. Nothing in this provision shall be construed as an exemption to the provisions of the
“Data Privacy Act of 2012.”
SECTION 36. Authorized Sharing of Information. — The AMLC shall share information relating to
activities prohibited under this Act with the NCC-OSAEC-CSAEM for the purpose of prosecuting offenders
alleged to have committed such activities. This information may be shared among AMLA-covered institutions
to facilitate compliance with their obligations as reporting entities under this Act.
SECTION 37. Creation of the OSAEC and CSAEM Offenders Registry. — An OSAEC and CSAEM
offenders registry for both Filipino nationals and foreigners shall be created containing the following
information of adult individuals convicted of OSAEC, CSAEM and other sexual offenses against children:
(a) name;
(b) address;
(c) employment;
(d) fingerprints;
(e) complete criminal history;
(f) recent photograph; and
(g) other relevant information necessary for the proper registration of child sexual offenders.
The OSAEC and CSAEM offenders registry shall be lodged in the NCC-OSAEC-CSAEM, shall be
regularly updated and shared with relevant national government authorities, and shall also be linked to
international law enforcement agencies. In accordance with the provisions of the Data Privacy Act of
2012, the NCC-OSAEC-CSAEM may release relevant information that is necessary to protect the public
from imminent danger concerning a specific person required to register under this section: Provided, That
juvenile offenders shall not be recorded in the registry.
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SECTION 38. Congressional Oversight Committee. — There is hereby created a Congressional
Oversight Committee composed of five (5) members from the Senate of the Philippines and five (5) members
from the House of Representatives. The members of the Senate shall be composed of the Chairperson of
the Senate Committee on Women, Children, Family Relations and Gender Equality and the remaining four
(4) members shall be appointed by the Senate President. The members of the House of Representatives
shall be composed of the Chairpersons of the Committees on Welfare of Children, Revision of Laws, and
Information and Communications Technology and the remaining two (2) members shall be appointed by
the Speaker of the House of Representatives.
The oversight committee shall monitor and ensure the effective implementation of this Act,
recommend the necessary remedial legislation or administrative measures, and perform such other duties
and functions as may be necessary to attain the objectives of this Act.
SECTION 39. Transitory Provisions. — The mandates, office and funding of the existing Inter-Agency
Council Against Child Pornography (IACACP) under Republic Act No. 9775, otherwise known as the “Anti-
Child Pornography Act of 2009,” shall remain until the effectivity of this Act. Upon the effectivity of this Act,
all the powers, functions, offices, personnel, assets, information and database of the IACACP shall be
transferred to the NCC-OSAEC-CSAEM without the need of conveyance or order, as the case may be.
Within one (1) year from the effectivity of this Act, the existing budget or funds of the IACACP shall be
utilized by the NCC-OSAEC-CSAEM.
The Secretariat or employees of the IACACP shall continue to exercise their respective functions,
duties and responsibilities with the corresponding benefits and privileges. As far as practicable, all personnel
of the affected offices, agencies and units shall be absorbed by the NCC-OSAEC-CSAEM.
SECTION 40. Appropriations. — The amount necessary for the implementation of this Act shall be
included in the annual General Appropriations Act. There is likewise established an Endowment Fund which
shall be self-sustaining and shall consist of contributions, donations, grants, or loans from domestic and
foreign sources.
SECTION 41. Implementing Rules and Regulations (IRR). — The members of the IACAT shall constitute
itself as the IRR Committee with the DSWD and the DOJ as the lead agencies, and with the inclusion of the
Department of Education, Department of Information and Communications Technology, DILG, Department
of Tourism, National Privacy Commission, NTC and the AMLC, and two (2) NGOs on children’s rights, to
promulgate rules and regulations for the effective implementation of this Act. The IRR Committee shall
promulgate the rules and regulations within six (6) months from the effectivity of this Act. Such rules and
regulations shall take effect upon their publication in two (2) national newspapers of general circulation.
SECTION 42. Suppletory Application of the Revised Penal Code. — The Revised Penal Code shall be
suppletorily applicable to this Act.
SECTION 43. Separability Clause. — If any part of this Act is declared unconstitutional or invalid, the
other provisions not affected thereby shall continue to be in full force and effect.
SECTION 44. Repealing Clause. — Republic Act No. 9775 and Section 4 (c) (1) of Republic Act No.
10175, otherwise known as the “Cybercrime Prevention Act of 2012,” are hereby repealed.
All other laws, presidential decrees, executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed
accordingly.
SECTION 45. Effectivity. — This Act shall take effect after fifteen (15) days following its complete
publication in the Official Gazette or in a newspaper of general circulation.
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Title of Law: An Act Mandating the Establishment and Implementation of the Parent Effective-
ness Service Program to Strengthen Parental Involvement in their Children’s Development and
Learning and Appropriating Funds Therefor
Short Title: The Parent Effectiveness Service Program Act
Category of Child’s Rights: Development
Type of Law: Administrative
Amended by: N/A
11908 (June 15, 2023)
AN ACT MANDATING THE ESTABLISHMENT AND IMPLEMENTATION OF THE PARENT EFFECTIVENESS

SERVICE PROGRAM TO STRENGTHEN PARENTAL INVOLVEMENT IN THEIR CHILDREN’S
DEVELOPMENT AND LEARNING AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as “The Parent Effectiveness Service Program Act.”
SECTION 2. Declaration of Policy. — It is the declared policy of the State to recognize the sanctity
of family life, protect and strengthen the family as a basic autonomous social institution and foundation
of the nation, strengthen its solidarity, and actively promote its total development. The right of families or
family associations to participate in the planning and implementation of policies and programs that affect
them shall be promoted.
It is further the policy of the State to defend the right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other
conditions prejudicial to their development.
SECTION 3. Coverage. — The Parent Effectiveness Service (PES) Program shall primarily cover
fathers and mothers of children and parent-substitutes.
In implementing the PES Program, the local government units (LGUs) shall give priority to parents
and/or parent-substitutes with vulnerable children, such as but not limited to children at risk, children in
conflict with the law, and children who have been exposed to and/or involved in violence in the homes and
communities, solo parents and/or their parent-substitutes, and adolescent parents and their parents, and/
or parent-substitutes.
(a) Child refers to a person below eighteen (18) years of age or a person over eighteen (18) years
but is unable to fully take care or protect oneself from abuse, neglect, cruelty, exploitation, or
discrimination because of physical or psychosocial disability or condition;
(b) Module refers to a component subject consisting of a written material to be taught in a

specified number of sessions that, together with other modules, shall count towards the completion
of the PES Program;
(c) PES Program refers to a program on the provision and expansion of knowledge and skills
of parents and parent-substitutes on parenting to be able to respond to parental duties and
responsibilities on the areas of early childhood development, behavior management of younger
20
and older children, husband-wife relationships, prevention of child abuse, health care, and other
challenges of parenting. It assists parents and parent-substitutes to develop and strengthen their
knowledge and skills so they can assume the major educational role in their child’s growth and
development;
(d) Parent-Substitute refers to a person other than the biological parent who has custody over a
child and is primarily responsible for his/her care, and physical, moral and intellectual development,
such as foster care parents, legal guardians and care providers: Provided, That surrogate parents
and care providers shall secure a certification from the proper office of the Department of Social
Welfare and Development (DSWD) confirming him/her as a parent-substitute; and
(e) Surrogate Parent refers to any adult member of the family or extended family or a caregiver who
chose to act as a substitute parent to a child not legally under his/her parental authority or care.
SECTION 5. Establishment of the PES Program. — There is hereby established a PES Program to
assist all parents and parent-substitutes in strengthening their knowledge and skills in responding to their
parental duties and responsibilities, protect and promote children’s rights, foster positive early childhood
development, and advance their educational progress. The PES Program shall be implemented in every
city and municipality and shall consist of modules to be developed by the DSWD, in coordination with the
Department of Education (DepEd), the Early Childhood Care and Development (ECCD) Council, the School
Governing Councils (SGCs), the Department of Health (DOH), the Department of Justice (DOJ), and the
Department of the Interior and Local Government (DILG), and rolled out in such number of sessions as the
DSWD and the LGUs may prescribe. Subject to modifications by the concerned LGUs to adapt to local
context, the core of the modules shall be consistent with existing laws and shall embody the following
principles:
(a) Parents and Parent-Substitutes and their Roles and Needs. — This aims to provide participants
with a deeper understanding of their different roles, needs, responsibilities, and joy as parents
and parent-substitutes by going through lessons that enrich their understanding of themselves
as parents and guardians. Facilitators will help participants identify individual strengths and
weaknesses, describe factors that affect the characteristics of their personhood, ascertain the
divergent needs of married parents, solo parents, grandparents, and other guardians in the family,
and clarify family values and goals aligned with strengthening their role as parents who are the best
people to support all aspects of their children’s growth and development, among others;
(b) The Filipino Family. — This aims to give an overview of family dynamics in the Philippine context.
Facilitators will help participants understand the importance, functions, and characteristics of the
family, and inform them of the family’s strengths and weaknesses to enable them to reflect building
on their strengths to address their weaknesses so that they can be responsible members of the
community, among others;
(c) Challenges of Parenting. — This aims to provide participants with a more in-depth understanding
of the obstacles that will be faced by parents and how stronger parenting skills will be able to
address them. Innovations, technology, changes in values, and issues brought about by globalization
and social media may be considered as challenges;
(d) Child Development. — This aims to provide participants with a proper understanding of child
growth and development, age-appropriate and development-appropriate interventions, different
learning avenues for children, and domains of child development. This shall likewise include the
importance of encouraging parents and parent-substitutes to fully support their children’s cognitive
development, most importantly their skills on reading, mathematics, science, and development;
(e) Keeping Children Safe from Abuse. — This aims to prevent child abuse by educating parents
about the rights of their children and familiarizing them with risk factors of warning signs of abuse in
children. It shall present the basic principles on laws relevant to violence and abuse against children
and how to report incidents thereon to the proper government authorities;
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(f) Building the Child’s Positive Behavior. — This aims to improve parental understanding of child
behavior and promote and support the development and socialization of the child. Basic theories
on child behavior, character development, and factors that can positively or negatively affect the
same shall be discussed;
(g) Health and Nutrition. — This aims to provide adequate information on common health and
nutrition needs of children, including reproductive health concerns, common childhood diseases,
basic nutrition principles, and growth monitoring;
(h) Home Management. — This aims to provide participants with practical ideas on how to manage
their respective households through proper time, financial, and stress management;
(i) Keeping a Healthy Physical Environment for the Child. — This aims to show the importance of
maintaining clean physical environments to building a strong household. Waste management and
community environmental management efforts shall be discussed;
(j) Keeping Children Safe in Times of Disasters. — This aims to provide training on child-centered
disaster risk reduction and management strategies to prepare and equip parents and parent-
substitutes in preventing, mitigating, and coping with risks caused by disasters; and
(k) Investment in Adolescents. — Adolescence is the developmental period during which a dependent
child grows into an independent adult. This module aims to help parents and parent-substitutes to
navigate their children’s risks and vulnerabilities and set them on the path to fulfill their potential.
Risks and vulnerabilities may include, but not limited to, dropping out of school, identity crisis,
gender confusion, hormonal changes, exposure to drugs, early marriage and pregnancies. Parents
and parent-substitutes shall be capacitated on how to empower their children by preparing them
for adulthood and citizenship, and investing in their well-being, holistic development, and active
participation in society.
The DSWD shall regularly review and update the foregoing principles to keep abreast with the
developments on responsible and effective parenting and may develop and prescribe additional modules
as may be necessary.
The LGUs may design and contextualize their own modules as they deem appropriate, taking into
consideration the needs and challenges of the families in the communities under their respective jurisdictions,
and the progress and result of the PES Program implementation: Provided, That such modifications are
consistent with existing laws.
SECTION 6. Research Methods, Analytical Framework, and Assessment of the PES Program. — To
continuously and effectively improve the design and implementation of the PES Program, the DSWD, in
coordination with the DepEd, the ECCD Council, the SGCs, the DOH, the DOJ, and the DILG through the
LGUs, shall conduct research focused on effective and evidence-based policies and best practices on
parent effectiveness, child welfare, child development, adolescence, family, health, education, and social
protection, among others.
An analytical framework shall be established to determine how parent effectiveness and child
development are interrelated. The analytical framework shall be utilized, among others, to gauge the use
of resources, evaluate the efficiency, understand the forms and drivers of change and the linkages between
certain programmatic features and outcomes, and assess the sustainability of the PES Program.
The LGUs shall continuously evaluate the effectiveness of the PES Program by devising data-driven
metrics, including but not limited to, the participation rate of the parents and parent-substitutes in the PES
Program and the result of the children’s feedback of their parents and parent-substitutes.
SECTION 7. Implementing Tools for the PES Program. — The PES Program, particularly the parent
effectiveness sessions, shall be implemented by the cities and municipalities through their respective
social welfare and development offices and LGUs. Parent effectiveness sessions shall be conducted in
22
every barangay at such schedule and interval to be determined by the social welfare and the LGU officers
concerned. For this purpose, the officers shall, on an annual basis, prepare and submit to the local chief
executive a complete program and schedule of the parent effectiveness sessions covering all barangays
of their respective jurisdictions.
Reaching parents to facilitate and share skills and knowledge about parenting and support to
learning may include home visits which may be effective to recognize, respect, and build on existing
strengths of parents and parent-substitutes.
The DSWD and the LGUs are encouraged to develop other training mechanisms that can be used
in the implementation of the PES Program, such as home and modular training packages that can be
deployed through social media.
Distance PES Program may likewise be used as a tool to raise awareness about the importance of
responsible and effective parenting within the broader community. Private organizations accredited by the
DSWD may also implement the PES Program in coordination with the concerned LGU.
The PES Program conducted pursuant to this Act shall constitute as full and complete compliance
with the PES component incorporated under Republic Act No. 10410, otherwise known as the “Early Years
Act (EYA) of 2013,” and such other government programs mandating the delivery of the PES Program as
requisite for program coverage and entitlement.
SECTION 8. Implementing Agencies and Organizations and their Responsibilities. — The

implementation of the PES Program shall be the joint responsibility of the national government agencies,
LGUs, nongovernment organizations, and other private organizations that promote parental and community
involvement in the child’s learning and development.
The DSWD shall be primarily responsible for promoting, strengthening, and enhancing the well-
being of Filipino families by providing integrated, comprehensive and developmental services in a fair, just
and peaceful society. The DSWD shall regularly review and update its programs to support parents and
parent-substitutes.
The DepEd, the ECCD Council, the SGCs, and the DOH shall incorporate important principles on
social services, early education, learning and holistic development, health, and nutrition in the PES Program
and provide supplementary learning materials and reference materials thereon. The DepEd shall integrate
age-appropriate content related to the core principles provided in Section 5 of this Act in the basic education
curriculum.
The DOJ shall ensure that the PES Program shall be guided by the principles of non-discrimination,
best interests of the child, and the right of the child to life. It shall also guarantee the legal protection of all
children.
The DILG shall recognize the LGUs which are outstanding in the implementation of the PES Program
by providing an annual recognition and a mechanism for their modules to be replicated or adopted by
other LGUs.
The LGUs shall coordinate with the relevant government agencies to ensure the implementation
of the PES Program. They may collaborate with the DepEd’s Schools Division Offices in providing facilities
for the conduct thereof. The LGUs shall likewise provide incentives to parents and parent-substitutes who
actively participated or garnered high evaluation rates from their children in the PES Program.
The families and communities shall support the PES Program by participating in various projects for
the overall development of their children.
SECTION 9. Capacity-Building. — The DSWD, the DepEd, the DOH, the DOJ, the DILG, and LGUs
shall assist the cities and municipalities in developing the required competencies of facilitators. Based on
a set criteria developed by the abovementioned agencies, the Local Social Welfare and Development
23
Offices shall identify a pool of facilitators trained in the required competencies who shall include, but is not
limited to, parents and parent-substitutes, educational psychologists, health professionals, social workers,
teachers, accredited private organizations, and other paraprofessionals.
The capacity-building shall focus on the important skills that must be possessed by facilitators such
as the ability to connect with families in a way that is mutually respectful and reciprocal, set goals with
families, prepare them to adopt behaviors and engage in activities that enhance children’s development
and early learning, promote the rights of the child, and prevent child abuse, among others.
For the LGUs and their personnel, capacity-building shall focus on the monitoring and evaluation
of the PES Program in terms of facilities, modules, and competence assessment of the facilitators, among
others. LGUs shall likewise designate their respective personnel to be trained to gather, analyze, and
interpret data and establish a comprehensive action plan for a more effective implementation of the PES
Program.
SECTION 10. Development and Production of PES Manuals. — The DSWD, in coordination with the
DepEd and the ECCD Council, the DOH, the DOJ, and the DILG through the LGUs shall, within three (3)
months from the effectivity of this Act, develop and produce the PES Module Manuals to be utilized by
the facilitators in conducting the parent effectiveness sessions, subject to modifications by the concerned
LGUs for local adaptation.
The assigned government agencies shall also harmonize existing modules gathered from, but not
limited to the PES, family development sessions, and Family Support Program, to help in enhancing the PES
Module Manuals.
SECTION 11. Advocacy Campaigns and Information Dissemination. — The DSWD, in cooperation
with relevant agencies, shall regularly conduct public awareness campaign which would promote the
benefits and the advantages of the PES Program to parents, surrogate parents, and care providers through
local training programs in the communities and the use of trimedia and social media platforms.
SECTION 12. Appropriations. — For the first year of its implementation, the funds necessary to carry
out the responsibilities delegated to the DSWD, the DepEd, the ECCD Council, the DOH, the DOJ, and the
DILG shall be sourced from their current appropriations. Thereafter, the funds necessary for the continuing
implementation of the mandate under this Act shall be included in the annual General Appropriations Act.
The costs for conducting the parent effectiveness sessions and other expenses relevant thereto
shall be charged against the respective appropriations of the cities and municipalities or the Special
Education Fund, as the case may be.
SECTION 13. Implementing Rules and Regulations (IRR). — Within sixty (60) days from the effectivity
of this Act, the DSWD, in coordination with the DepEd, the ECCD Council, the DOH, the DOJ, and the DILG,
shall issue the rules and regulations for the effective implementation of this Act.
The IRR issued pursuant to this section shall take effect thirty (30) days after its publication in a
newspaper of general circulation.
SECTION 14. Separability Clause. — If any part or provision of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect.
SECTION 15. Repealing Clause. — All other laws, presidential decrees, executive orders, administrative
orders, rules and regulations, issuances, or parts thereof contrary to or inconsistent with the provisions of
this Act are hereby repealed, amended, or modified accordingly.
SECTION 16. Effectivity. — Notwithstanding the non-issuance of the IRR, this Act shall take effect
fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
24
Title of Law: An Act Strengthening the Policies on Anti-Trafficking in Persons, Providing Penal-
ties for its Violations, and Appropriating Funds Therefor, Amending for the Purpose Republic
Act No. 9208, as Amended, Otherwise Known as the “Anti-Trafficking in Persons Act Of 2003”,
and Other Special Laws
Short Title: Expanded Anti-Trafficking in Persons Act of 2022
Date of Passage: June 23, 2022
Amended by: N/A
Implementing Rules and Regulation: 2022 Implementing Rules and Regulations of Republic Act
(R.A.) No. 9208 (The “Anti-Trafficking in Persons Act Of 2003”), as Amended by R.A. No. 10364
(The Expanded Anti-Trafficking in Persons Act Of 2012) and further Amended by R.A. No. 11862
(The Expanded Anti-Trafficking in Persons Act Of 2022) (March 18, 2023)

AN ACT STRENGTHENING THE POLICIES ON ANTI-TRAFF ICKING IN PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9208, AS AMENDED, OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING
IN PERSONS ACT OF 2003”, AND OTHER SPECIAL LAWS
SECTION 1. Section 1 of Republic Act No. 9208, as amended, is hereby amended to read as follows:
”SECTION 1. Short Title. – This Act shall be known as the ‘Expanded Anti-Trafficking in
Persons Act of 2022’ .”
SEC. 2. Section 2 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:
“SECTION. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every
human person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give
highest priority to the enactment of measures and development of programs that will promote human
dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons,
and mitigate pressures for involuntary migration and servitude of persons not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream
of society is a manner that is culturally-responsive, gender- and age-appropriate, and disability-inclusive.
It shall be a State policy to recognize the equal and inalienable rights and inherent human dignity
of all members of the human family, as enshrined in the United Nations Universal Declaration on Human
Rights, United Nations Convention on the Elimination of All Forms of Discrimination Against Women, United
Nations Convention on the Rights of the Child and its optional protocols to which the Philippines is a
party, United Nations Convention on the Protection of Migrant Workers and their Families, United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, International Labor Organization Convention No.
182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor
the UN Global. Compact for Safe, Orderly and Regular M1grat10n, and the Convention for the Suppression
of the Traffic in Persons and of the Exploitation of the Prostitution of Others, and all other relevant and
universally accepted human rights instruments and other international conventions to which the Philippines
is a party. In all actions concerning children, their best interests shall be the paramount consideration.”
25
“Sec. 3. Definition of Terms – As used in this Act:
a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders by means of threat, or use of force or other
forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage
of the vulnerability of the person, or the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person, for the purpose of exploitation which
includes at a minimum the exploitation or the prostitution of others, or the distribution, or both, of
materials that depict child sexual abuse or exploitation, or other forms of sexual exploitation, forced
labor or services slavery servitude, or the removal or sale of organs.
The recruitment, transportation transfer harboring, adoption or receipt of a child for the :purpose of
exploitation or when the adoption is mduced by any form of consideration for exploitative purposes,
shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set
forth in the preceding paragraph.
xxx
(h) Sexual Exploitation – refers to any means of actual or attempted abuse of a position of
vulnerability, differential power, or trust, for sexual purposes or lewd designs, including profiting
monetarily, socially, or politically from the sexual exploitation of another, regardless of whether or
not consent was given.
xxx
(j) Pornography – refers to any representation through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person primarily
for sexual purposes: Provided, That when a child is involved, the material shall be considered child
sexual abuse and exploitation material as defined under paragraph (m) of this section.
xxx
(l) Child Laundering – refers to an act of stealing and selling a child to adopting parents under false
pretenses and using schemes such as falsifying the child’s details or manipulating the child’s origins
to make the child appear an orphan or foundling.
(m) Child Sexual Abuse and Exploitation Material or Child Sexual Abuse Material (CSAEM or CSAM)
– refers to photos, images, videos, recordings, streams, or any other representation or form of
media, depicting acts of sexual abuse and exploitation of a child or representation of a child as a
sexual object, whether or not generated digitally or by, through, and with the use of information and
communications technology. It shall also include materials that focus on real or simulated genitalia
or other private body parts of a child.
(n) Communications – refer to any spoken or written conversations, exchanges, discussions, data,
information, or messages for interception.
26
(o) Computer System – refers to any device or group of interconnected or related devices, one or
more of which, pursuant to a program, performs automated processing of data. It covers any type
of device with data processing capabilities including computers and mobile phones. The device
consisting of hardware and software may include input, output process, and storage components
which may stand alone or be connected in a network or other similar devices. It also includes
computer data storage devices or media.
(p) Computer and Other Computer-Related Devices – refer to any device or group of interconnected
or related devices, one or more of which, pursuant to a program, performs automated processing
of data. It covers any type of device with data processing capabilities, including computers and
mobile phones.
(q) Data – refers to both:

(1) Content Data – the substance, meaning or purport of the communication, or the message
·or information being conveyed by the communicatidn, other than traffic data; and
(2) Traffic Data or Non-Content Data - any computer data other than the content of the
communication, including the communication’s origin, destination route, time, date, size,
duration, or type of underlying service.
(r) Information and Communications Technology (ICT) – refers to the totality of electronic means to
access, create, collect, store, process, receive, transmit, present, and disseminate information.
(s) Interception – refers to the act of listening to, recording, monitoring, or surveillance of the
content of communications, including procuring of the content data, either directly, through access and use
of a computer system, or through the use of electronic eavesdropping or tapping devices, at the same time
that the communication is occurring.
(t) Internet Intermediaries – refer to a natural or juridical person, or entity that provides infrastructure,
platforms, access to host, transmit and index content, products and services originated by third parties on
the internet. It includes among others:
(1) Internet Service Providers (ISPs);

(2) Data processing and web hosting providers including domain name registrars;
(3) Internet search engines and portals;
(4) E-commerce intermediaries;
(5) Internet payment system providers, whether supervised by the Bangko Sentral ng
Pilipinas (BSP) or not; and
(6) Participative network platform providers or social media intermediaries.
u) Subscriber’s or Registrant’s Information – refers to any information contained in the form of

computer data or any other form that is held by internet intermediaries, relating to the subscribers or
registrants who avail of services, other than traffic or content data, and by which any of the following can
be established:
(1) The type of communication service used, the technical provisions taken thereto, and the
period of service;
27
(2) The subscriber’s or registrant’s identity, postal or geographic address, telephone and
other access number, any assigned network address, billing, and payment information that
are available on the basis of the service agreement or arrangement; or
(3) Any other available information on the site of the installation of communication equipment
that is available on the basis of the service agreement or arrangement.
(v) Tourism Enterprises – refer to facilities, services, and attractions involved in tourism, such
as travel and tour services; health, wellness, and medical tourism services; tourist transport services,
whether for land, sea or air transportation; tour guides; adventure sports services involving sports, such
as mountaineering, spelunking, scuba divmg, and other sports activities of significant tourism potential;
convention • organizers; accommodation establishments, including hotels, resorts, apartelles, tourist inns,
motels, pension houses, and home stay operators; and tourism estate management services, restaurants,
shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks,
convention centers, and zoos.
(w) Online Sexual Abuse and Exploitation of Children (OSAEC) – refers to the use of digital or
analog communication and ICT as means to abuse and exploit children sexually, which includes cases in
which contact child abuse or exploitation offline is combined with ,an online component. This can also
include the production, dissemination, and possession of CSAEM or CSAM; online grooming of children
for sexual purposes; sexual extortion of children; sharing image-based sexual abuse; commercial sexual
exploitation of children; exploitation of children through online prostitution; and live-streaming of sexual
abuse, with or ‘ without the consent of the victim.”
“SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to
commit by means of a threat, or use of force, or other forms of coercion, or through abduction,
fraud, deception, abuse of power or of position, or through taking advantage of the vulnerability of
the person, or by giving or receiving of payment or benefit to obtain the consent of a person having
control over another person, any of the following acts:
(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by
any means, including those done under the pretext of domestic or overseas employment or training
or apprenticeship, for the purpose of prostitution, pornography, sexual abuse or exploitation,
production, creation, or distribution of CSAEM or CSAM, forced labor, slavery, involuntary servitude,
or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 10906 or the Anti-Mail Order Spouse Act, any
Filipino to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
xxx
(g) To adopt or facilitate the adoption of persons with or without consideration for the purpose
of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage, or to facilitate illegal child adoptions or child laundering, or for other exploitative
purposes;
(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive, or
abduct a person, for the purpose of removal or sale of organs of said person;
28
(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a
child to engage in armed activities or participate. in activities in the context of an armed conflict in
the Philippines or abroad;
(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide, or receive a person
by means defined in Section 3· of this Act for purposes of forced labor, slavery, debt bondage and
involuntary servitude, including a scheme, plan, or pattern intended to cause the person either:
(1) To believe that if the person did not perform such labor or services, he or she or another
person would suffer serious harm or physical restraint; or
(2) To abuse or threaten the use of law or the legal processes;
(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt, or
receive a child for purposes of exploitation or trading them, including the act of buying
or selling a child, or both for any consideration or for barter for purposes of exploitation.
Trafficking for purposes of exploitation of children shall include:
(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage,
and forced labor, including recruitment of children for use in armed conflict;
(2) The use, procuring or offering of a child for prostitution, for the production of CSAEM or
CSAM, or for pornographic performances;
(3) The use, procuring or offering of a child for the production and trafficking of drugs; and
(4) The use, procuring or offering of a child for illegal activities or work which, by its nature
or the circumstances in which it is carried out, is likely to harm their health, safety or morals;
(l) To organize, provide financial support, or direct other persons to commit the offenses defined as
acts of trafficking under this Act; and
(m) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a
child for deployment abroad as migrant worker.
Provided, That when the victim is a child, the means to commit these unlawful acts as enumerated
in the first paragraph of this section shall not be necessary: Provided, further, That in the case of overseas
domestic work, a ‘child’ means a person below twenty-four- (24) years old.”
“SEC. 5. Acts that Promote Trafficking in Persons. – The following acts which promote or facilitate
trafficking in persons shall be unlawful:
(a) To knowingly lease or sublease, use, or allow to be used any house, building, tourism enterprise,
or any similar establishment; or any vehicle or carrier by land, sea, and air; or any of their computer
system or computer hardware, other computer-related devices, or any of their digital platform and
application, for the purpose of promoting trafficking in persons;
(b) To produce, print and issue, or distribute unissued, tampered, or fake passports, birth
certificates, affidavits of delayed registration of births, foundling certificates, travel clearances,
counseling certificates, registration stickers, overseas employment certificates or other certificates
of any government agency which issues these certificates, decals, and such other markers as p’roof
29
of compliance with government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
(c) x x x;
(d) x x x;
(e) To facilitate, assist, or help in the exit and entry of persons from/to the country at international
and local airports, territorial boundaries and seaports, knowing they ate not in possession of
required travel documents, or are in possession of tampered, fake, or fraudulently acquired travel
documents, for the purpose of promoting trafficking in persons;
(f) x x x;
(g) x x x;
(h) x x x;
(i) x x x;
(j) x x x;
(k) For internet intermediaries to knowingly or by gross negligence allow their internet infrastructure
to be used for the purpose of promoting trafficking in persons;
(l) For internet cafes, kiosks, and hotspots, including establishments offering Wi-Fi access services
to the public, to knowingly or by gross negligence allow their facilities to be used for the purpose
of promoting trafficking in persons;
(m) For financial intermediaries, including banks and credit card companies and money transfer or
remittance centers, to knowingly or by gross negligence allow their services, online platform and
applications, among others, to be used for the purpose of promoting trafficking in persons;
(n) To knowingly or by gross negligence facilitate, assist, or help in the entry into the country of
persons who are convicted sex offenders whether at international and local airports, territorial
boundaries, and seaports for the purpose of promoting trafficking in persons; or
(o) To arrange, facilitate, expedite, or cause the introduction or encounter of persons who are
suspected or convicted sex offenders in any jurisdiction, to a child. The actual introduction or
encounter need not occur to be liable under this provision. It is enough that there is a deliberate
attempt to cause the introduction or encounter.”
SEC. 6. Section 6 of Republic Act No. 9208, as amended, is hereby further amended. to read as follows:
“SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be considered as
qualified trafficking:
(a) When the trafficked person is a child: Provided, That acts of online sexual abuse and exploitation
of children shall be without prejudice to appropriate investigation and prosecution under other
related laws;
xxx
(h) When the offender, commits one or more acts of trafficking under Section 4 over a period of at
least sixty (60) days, whether those days are continuous or not;
(i) When the offender, or through another, directs or manages the actions of a victim in carrying out
the exploitative purpose of trafficking;
(j) When the crime is committed during a crisis, disaster, public health concern, pandemic, a
humanitarian conflict, or emergency situation, or when the trafficked person is a survivor of a
disaster or a human-induced conflict;
(k) When the trafficked person belongs to an indigenous community or religious minority and is
considered a member of the same;
30
(l) When the trafficked person is a person with disability (PWD);
(m) When the crime has resulted in pregnancy;
(n) When the trafficked person suffered mental or emotional disorder as a result of being victim of
trafficking; or
(o) When the act is committed by o;, through the use of ICT or any computer system.
SEC. 7. Section 8 of Republic Act No. 9208, as amended, is hereby further amended to read as
follows:
SECTION 8. Investigation and Prosecution of Cases. –
(a) Initiation of Investigation. – Law enforcement agencies (LEAs) are mandated to immediately
initiate investigation and countertrafficking-intelligence gathering motu proprio or within ten (10) days upon
receipt of statements, reports, or affidavit from victims of trafficking, migrant workers, or their families,
internet intermediaries and other persons who have personal knowledge or information about possible
violations of this Act including the private sector, and for this purpose shall closely coordinate with one
another. They shall imtiate bilateral or multi-lateral agreements with other States to allow foreign internet
intermedianes to share with local authonties possible investigation data necessary for the prosecution of
cases: Provided, That in all instances the right to privacy of the victims and their families must be respected
and protected;
(b) Interception of Communications. – A law enforcement officer (LEO) may, upon a written order
from the Regional Trial Court, track, intercept, view, monitor surveil, listen to, and record involving at least
one person charged with, or suspected or reasonably believed to have committed violations under this Act,
with the use of any mode, form, kind, or type of electronic or intercepting devices, any communications,
information or messages, including procurement of content data transmitted by means of a computer
system, or with the use of any other suitable ways and means for that purpose: Provided, That when the
victim is a child and the offense involves the use of computer systems and digital platforms, a court order
shall not be required in order for a LEO acting in an undercover capacity to intercept communication with
a person reasonably believed to have committed, is committing, or about to commit any of the violations
described under this Act: Provided, further, That notwithstanding the procedure in this provision, a LEO
shall not be precluded from obtaining a warrant to intercept computer data under the rule on cybercrime
warrants.
The order shall only be issued or granted upon ex parte written application of a LEO, who shall.be
examined under oath or affirmation to establish the following facts or circumstances:
(1) That there are reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed, or is being committed, or is about to be committed;
(2) That there are reasonable grounds to believe that evidence that will be obtained is
essential to the conviction of any person for, or to the solution of, or to the prevention of,
any such crimes; and
(3) That there are no other means readily available for obtaining such evidence.
The order shall only be effective for the length of time as determined by the court, which shall not
exceed a period of thirty (30) days from its issuance. The court issuing the order may, upon motion, extend
its effectivity based only on justifiable reasons or that it is necessary in furtherance of the investigation or
to serve the public interest, for a period not exceeding thirty (30) days after the expiration of the original
period.
In case the original applicant is not available to file the application for extension or renewal, any other
member of the team duly authorized by their superior-officer may instead file the application for extension
31
or renewal: Provided, That the LEO shall have thirty (30) days after the termination of the period granted
by the authorizing court as provided in the preceding paragraphs within which to file the appropriate case
before the Public Prosecutors Office of the Department of Justice (DOJ) for any violation of this Act.
If no case is filed within the thirty f 30)-day period, the LEO shall, within thirty (30) days after
the expiration of the order, notify the authorizing court that no case has been filed. Failure to notify the
authorizing court within the required period shall be penalized under Section lO(g) of this Act.
In investigating violations of this Act involving the use of the internet and other digital platforms, LEOs
acting in an undercover capacity who record their communications with a person or persons reasonably
believed to have committed, is committing, or is about to commit any of the violations under this Act, shall
not be considered as wiretapping or illegal interception, and shall not be liable under the provisions of
Republic Act No. 4200 or ‘The Anti-Wiretapping Law’: Provided, That victims of trafficking in persons, of
whatever age, shall not be liable under the provisions of Republic Act No. 4200 and Republic Act No. 10175
or the ‘Cybercrime Prevention Act of 2012’, if they record, transmit, or perform any other acts directly or
indirectly related to the reporting of any violation of this Act committed against them;
(c) Classification and Content of the Order of the Authorizing Court. – The written order of the court
authorizing the conduct of interception shall specify the following:
(1) The identity, such as name and address, if known, of the charged or suspected person
whose communications, are to be intercepted;
(2) In the case of communications made through the use of information and communications
technology, the particular description of the number or account of the subscriber or
registrant to be intercepted and their locations, if known;
(3) If the person suspected of the crime is not fully known, such person shall be . subject to
continuous surveillance provided there is a reasonable ground to do so;
(4) The identities of the intercepting LEOs, or the identities of individuals or juridical persons
who will assist the LEA in carrying out said interception;
(5) The offense or offenses committed or being committed, or sought to be prevented; and
(6) The length of time within which the authorization shall be used or carried out;
(d) Custody of Intercepted Communications. – All tapes, discs, and, recordings made pursuant to
this section, including all excerpts and summaries thereof as well as all written notes or memoranda made
in connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the
written order, or within forty-eight (48) hours after the expiration of any extension or renewal, be submitted
to the authorizing court or its appointed custodian. It shall be contained in a sealed envelope or package,
as the case may be, and shall be accompanied by a joint affidavit of the LEO and the team members. In
case of death or physical incapacity of the applicant to execute the required affidavit, the team member
who is next in rank to the applicant named in the written order shall, together with the other team members
execute the required affidavit. The LEA may, with proper court authorization, copy computer data that shall
be utilized for case build-up or preliminary investigation purposes.
The copy of the computer data may be retained by the LEAs while the digital devices examined
and the result of the digital forensic examination shall be deposited with the court that issued the court
warrant, or in case where a criminal case is already filed in court, the court hearing the criminal case.
It shall be unlawful for any person, LEO, or any custodian to make a copy of the materials in their
custody, such as tapes, discs, video footages and other recordings, or excerpts and summaries thereof
32
including written notes and memoranda made in connection therewith, without court authorization, or
to remove, delete, expunge, mcmerate, shred, or destroy in any manner the items enumerated above in
whole or in part under any pretext whatsoever;
(e) Contents of Joint Affidavit. – The joint affidavit of the LEO and the individual team members
shall state:
(1) The number of tapes, discs, and recordings that have been made, as well as the number
of excerpts and summaries thereof, and the number of written notes and memoranda, if
any, made in connection therewith;
(2) The dates and times covered by each of such tapes, discs, and recordings;
(3) The number of tapes, discs, and recordings, as well as the number of excerpts and
summaries thereof and the number of written notes and memoranda made in connection
therewith that have been included in the deposit; and
(4) The date of the original written authorization granted by the DOJ to the applicant to file
the ex parte application to conduct the interception, as well as the date of any extension or
renewal of the original written authority granted by the authorizing court.
The joint affidavit shall also certify under-oath that no unauthorized duplicates or copies of the
whole or any part of any of such tapes, discs, and recordings, excerpts, summaries, written notes, and
memoranda, have been made, or if made, that all such duplicates and copies are included in the sealed
envelope or package, as the case may be, deposited with the authorizing division of the authorizing court;
(f) Disposition of Deposited Material. -The sealed envelope or package and the contents thereof,
which are deposited with the authorizing court, deemed and are hereby declared classified information,
shall not be opened. Its contents, including the tapes, discs, recordings, all the excerpts and summaries
thereof, and the notes and memoranda made in connection therewith, shall not be divulged, revealed, read,
replayed, or used as evidence unless authorized by written order of the authorizing court. For this purpose,
the DOJ shall file a written application to open the sealed envelope or package before the authorizing court,
with proper written notice to the person whose communications have been the subject of interception to
open, reveal, divulge, and use the contents of the sealed envelope _or package as evidence.
The written application with notice to the party concerned to open the deposited sealed envelope
or package shall clearly state the purpose or reason:
(1) For opening the sealed envelope or package;

(2) For revealing or disclosing its classified contents;
(3) For replaying, divulging, or reading intercepted communications, including any of the
excerpts and summaries thereof and any of the notes or memoranda made in connection
therewith; and
(4) For using as evidence any of the intercepted communications, including any of the excerpts
and summaries thereof and any of the notes or memoranda made in connection therewith;
(g) Evidentiary Value of Deposited Materials. – Intercepted communications, or any part or parts thereof,
or any information or fact contained therein, including their existence, content, substance, purport, effect,
or meaning, which have been secured in violation of the pertinent provisions of this Act, shall absolutely
not be admissible and usable as evidence against any person in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing;
(h) Prosecution. - Offenses punishable under this Act are public crimes. Any person who has personal
knowledge of the commission of any offense under this Act, such as the trafficked person, the parents:
spouse, siblings, children, legal guardian, officer or social worker or representative of a licensed child-
33
caring institution, officer or social worker of the Department of Social Welfare And Development (DSWD),
Philippine National Police (PNP) or National Bureau of Investigation (NBI) officers, barangay chairperson,
or at least three (3) concerned citizens where the violation occurred, may file a complaint under this Act;
(i) Venue. -A criminal action arising from a violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the
time of the commission of the offense: Provided, That the court where the criminal action is first filed shall
acquire jurisdiction to the exclusion of other courts. Cases involving trafficking in persons shall be heard in
the chamber of. the Regional Trial Court duly designated as family courts;
(j) Affidavit of Desistance. – Cases involving trafficking (i in persons should not be dismissed based on
the Affidavit of Desistance executed by the victims or their parents or legal guardians. Public and private
prosecutors are directed to oppose and manifest objections to motions for dismissal. Any attempt to
unduly pressure the complainant to execute an Affidavit of Desistance shall be punishable under this Act;
(k) Intermediate Protection of Trafficking Victims. – Where warranted, trafficking victims shall
immediately be placed under the protective custody of the DSWD, pursuant to Republic Act No. 7610,
otherwise known as the ‘Special Protection of Children Against Abuse, Exploitation and Discrimination Act’.
In the regular performance of this function, the DSWD shall be free from any administrative, civil, or criminal
liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603 or
‘The Child and Youth Welfare Code’.
Victims of trafficking of all ages shall be entitled to immediate temporary protective shelter from the
DSWD: Provided, That if the trafficked person is overseas, it shall be the relevant embassy or consulate
that· shall provide the same.
Victims of trafficking and their family members shall be entitled to protection as well as preferential
entitlement to the rights and benefits of witnesses under Republic Act No. 6981, otherwise known as the
‘Witness Protection, Security and Benefit Act’: Provided, That they possess all the qualifications and none
of the disqualifications under the said law.
A victim of trafficking shall also be considered as a victim of a violent crime as defined under Section
3(d) of Republic Act No. 7309, entitled ‘An Act Creating a Board of Claims Under the Department of Justice
for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes’, so
that the victim may claim compensation therein;
(l) Confidentiality. – All records and proceedings under this law, from the initial contact until the final
disposition of the case, shall be considered privileged and confidential. The public shall be excluded during
the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties
or the participants in the proceedings for any purpose whatsoever where the testimony of the child shall
be taken in accordance with A.M. No. 004-07-SC or the Rule on Examination of a Child Witness.
It shall be unlawful for any editor, publisher; reporter or columnist in case of printed materials, announcer
or producer in case of television and radio broadcasting and digital media, and producer and director of
the film in case of the movie industry, to cause any publicity that may result in the further suffering of the
victim. Any person or agency involved in the reporting, investigation, or trial of cases of gender-based
violence shall refrain from any act or statement that may be construed as blaming the victim or placing
responsibility for the offense committed against the victim.”
34
SEC. 8. Section 9 of Republic Act No. 9208 is hereby deleted, and a new Section 9 shall read as follows:
“SEC. 9. Duties and Responsibilities of the Private Sector. –
(a) Duties of Internet Intermediaries. – Internet intermediaries, including internet service providers,
internet content hosts, participative network platform providers, financial intermediaries, and electronic
money issuers, shall:
(1) Adopt in their terms of service or service agreements with third-party users or creators of
contents, products, and services the prohibition of any form of child trafficking, CSAEM or CSAM,
or exhibition of any form of sexual exploitation of children in their facilities, infrastructure, server,
and platforms;
(2) Cooperate, as far as practicable with LEAs for the prosecution of offenders and the preservation
of evidence, including the provision of subscriber information, traffic data, or both, of any person
or subscriber who has committed, is committing, or is attempting to commit any violation of this
Act upon formal request of duly authorized law enforcement bodies, with no need of warrant, and
in accordance with due process;
(3) Compile and maintain a comprehensive list of child trafficking, CSAEM or CSAM, or any form of
sexual exploitation of children-related Uniform Resource Locators (URLs): Provided, That the list
is updated regularly by partnering with, or obtaining memberships in, organizations and coalitions
that maintain a comprehensive list of child abuse image content URL list and image hashes, among
others;
(4) Preserve and protect the integrity of all subscriber’s or registrant’s information and traffic
data, in its control and possession, relating to communication services provided by an internet
intermediary, within one (1) year from the date of the transaction for the purpose of the investigation
and prosecution of all forms of trafficking: Provided, That, upon notice by the DOJ, PNP, NBI,
or the Department of Information and Communications TechnologyCybercrime Investigation and
Coordinating Council (DICT-CICC), the preservation of such relevant evidence shall be extended for
another year as may be deemed necessary: Provided, however, That the relevant evidence that
needs preservation shall be expressly identified and specified;
(5) Immediately block access to, remove, or take down the internet address, URL, website, or any
content thereof, containing all forms of trafficking, CSAEM or CSAM, or any form of sexual exploitation
of children, within twenty-four (24) hours from notice of the DOJ, PNP, NBI, or the DICT-CICC, or
upon knowledge of the existence of an attempt to commit or an actual act of trafficking in persons
being committed within their control: Provided, That the provision in the preceding paragraph on
preservation of subscriber data shall apply and shall be extended as may be deemed necessary by
the DOJ, PNP, NBI, or the DICT-CICC;
(6) Report to the DOJ, PNP, NBI, or the DICT-CICC the internet addresses or websites blocked,
removed, or taken down, or any form of unusual content or traffic data involving all forms of
trafficking, child pornography, or any form of sexual exploitation of children that is being committed
using its server or facility within three (3) days of the blocking, removal, or taking down of the
same: Provided, That in case a foreign internet intermediary is prohibited by its countcy to share
data, the reports filed by such foreign internet intermediary to the corresponding entity tasked by
its government to receive cybercrime reports shall be dee.med in compliance with this provision:
Provided, however, That the said foreign internet intermediary shall inform the DOJ, PNP, NBI,
or the DICT-CICC of such reporting: Provided, further, That whatever relevant data said foreign
35
internet intermediary is not prohibited to share shall nevertheless be reported to the DOJ, PNP,
NBI, or the DICT-CICC: Provided, finally, That no internet intermediary shall be held civilly liable for
damages on account of any notice given in good faith in compliance with this section; and
(7) Upon request and notwithstanding the provisions of Republic Act No. 10175 or the ‘Cybercrime
Prevention Act of 2012’ and in accordance with Republic Act No. 10173, or the ‘Data Privacy Act of
2012’, provide the DOJ, PNP, NBI, or the DICT-CICC the· subscriber information of any person who
gained or attempted to gain access to an internet site or internet application which contains an,-
form of child trafficking, CSAEM or CSAM, or any form of sexual exploitation of children: Provided,
That the request must particularly describe the information asked for and indicate the relevancy of
such information to such case.
Nothing in this section may be construed to require internet intermediaries to engage in the
monitoring of any user, subscriber, or customer, or the content of any communication of any such person.
These duties and obligations shall be without prejudice to other duties and obligations that may
be imposed in other laws, particularly when the violations involve online sexual abuse and exploitation of
children.
(b) Duties of Owners and Operators of Internet Cafes, Hotspots and Kiosks, Money Transfer and
Remittance Centers, Transport Services, Tourism Enterprises, Malls, and Other Business Establishments
Open and Catering to the Public. – Owners and operators of internet cafes, hotspots and kiosks, money
transfer and remittance centers, transport services, tourism enterprises, malls, and other business
establishments open and catering to the public are required to notify the PNP or NBI within forty-eight
(48) hours from obtaining facts and circumstances that violations of this Act are taking place within their
premises, or that their facilities and services are being used to commit violations of this Act: Provided,
That public display of any form of CSAEM or CSAM within their premises is a conclusive presumption of
the knowledge of the owners, operators, or lessors of business establishments of the violation of this Act.
Establishments shall promote awareness against trafficking in persons through clear and visible signages in
both English and the local dialect, with local and national hotlines posted within a conspicuous place in their
facilities. Money transfer and remittance centers shall require individuals transacting with them to present
valid government identification cards.
(c) Responsibilities of Tourism Enterprises. – All tourism enterprises shall notify the DSWD, DOJ,
Department of Labor and Employment (DOLE), PNP, or the NBI within forty-eight (48) hours from obtaining
facts and circumstances that trafficking in persons, including child trafficking or sexual exploitation of
·children, is being committed in their premises: Provided, That public display of any form of CSAEM or
CSAM within their premises is a conclusive presumption of the knowledge of the owners, operators, or
lessors of business establishments of the violation of this Act.
All tourism enterprises shall post a notice containing the contact details of trafficking in persons
hotlines, both national and local, in a conspicuous place near the public entrance, inside rest rooms,
elevators, parking areas of the establishment, and in other conspicuous locations where similar notices are
customarily posted in clear view of the public and employees. They shall likewise engage in antitrafficking
advocacy as part of their corporate responsibility. For this purpose, the Inter-Agency Council Against
Trafficking (IACAT) shall develop a model notice that complies with the requirements of this section and
make it available for downloading in its internet website, and for posting of local government units (LGUs)
and tourism enterprises.
Further, all tourism enterprises shall develop their own anti-trafficking tourism policy, in accordance
with guidelines from IACAT and the Department of Tourism. They shall also, in cooperation with the DSWD,
36
IACAT, or a reputable nongovernmental organization (NGO) focused on anti-trafficking in persons, train
their employees who are likely to interact or come into contact with victims of trafficking in persons in
recognizing the signs of human trafficking and how to report suspected trafficking activity to the appropriate
LEA. The IACAT shall, together with the DSWD, develop a trainipg curriculum or program and make the
same available for downloading in its internet website.
The preceding responsibilities of tourism enterprises shall be made part of the requirements for
accreditation by the local government and for the issuance of the local business permit to operate.
(d) Responsibilities of Financial Intermediaries. – Any financial intermediary or person working for,
related to, or who has direct knowledge of any trafficking in persons-related financial activity or transaction
conducted through a financial intermediary, shall have the duty to report any suspected trafficking in
persons-related activity or transaction to the concerned LEAs. Likewise, :financial intermediaries shall have
the duty to report these activities to the Anti-Money Laundering Council (AMLC) in accordance with the
suspicious transaction reporting mechanism under Republic Act No. 9160, otherwise known as the ‘Anti-
Money Laundering Act of 2001’, as amended.
The AMLC shall promulgate the necessary rules and regulations for the implementation of this
provision which shall include, among others, the guidelines to determine suspicious activity and indicators
that trafficking in persons-related activities are being conducted. The, AMLC shall provide the necessary
guidelines with regard to this provision within three (3) months from the effectivity of this Act.
Notwithstanding the provisions of Republic Act No. 1405 as amended, Republic Act No. 6426 as
amended,. Republic Act No. 8791 and other pertinent laws, the LEAs investigating cases of trafficking in
persons may inquire into or examine any particular deposit or investment, including related accounts,
with any banking institution or non-bank financial institution; or require financial intermediaries, internet
payment system providers, and other financial facilitators to provide financial documents and information,
upon order of any competent court based on an ex parle application in cases of violations of this Act, when
it has been established that there is reasonable ground to believe that the deposit or investments, including
related accounts involved, are related to trafficking in persons and violations of this Act.
(e) Hotels, Transient, and Residential Houses, Condominiums, Dormitories and Apartments or any
Analogous Living Spaces. – All owners, lessors, sub-lessors, operators of hotels, residential homes and
dwellings offered for transient use, condominiums, dormitories, apartments, or any analogous living spaces
shall notify the PNP or the NBI immediately but not later than forty-eight (48) hours from obtaining facts
and circumstances that trafficking activities or OSAEC activities are being committed within their premises:
Provided, That actual knowledge by the owners, lessors, sub-lessors, operators; or owners, lessors, or sub-
lessors of other business establishments is required for prosecution under this Act: Provided, further, That
the receipt of information that trafficking activity has taken place in the premises also gives rise to the duty
to notify the PNP or the NBI.
The duties and obligations of the above entities as stated herein, when requested by law enforcers,
prosecutors and other investigative bodies through proper processes and done in. good faith,. shall. not
be construed as a violation of Republic· Act No. 10173 or the ‘Data Privacy Act of 2012’ or Republic Act No.
10175 or the ‘Cybercrime Prevention Act of 2012’.”
follows:
“SEC:. 10. Penalties and Sanctions. – The following penalties and sanctions are hereby established
for the offenses enumerated in this Act:
37
xxx
(g) Any person who violates Section 9 hereof shall suffer the penalty of a fine of not less than Two
million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00) for the first offense. In
case of subsequent offense, the penalty of a fine of not less than Two million pesos (P2,000,000.00) but not
more than Ten million pesos (Pl0,000,000.00) and revocation of franchise and license to operate. Without
prejudice to the criminal liability, of the person or persons willfully refusing to perform the responsibilities
under Section 9 of this Act, juridical persons owning or managing the aforementioned enterprises shall be
subsidiarily liable, and their license or permit to operate may be revoked.
Willful and intentional violations of Section 9 of this Act are subject to the penalties in paragraph
(f) of this section;
(h) Any person found guilty of violating paragraphs (b), (d), and (g) of Section 8 shall suffer
the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00): Provided, That the penalty of not
less than six (6) years and one (1) day to twelve (12) years of imprisonment shall be imposed on any person
who copies without court authorization, removes, deletes, expunges, incinerates, shreds or destroys the
tapes, discs, and recording; and their excerpts and summaries, written notes, or memoranda made in
connection with the authorized interception and recording thereof intentionally; or omits or excludes from
the joint affidavit any item or portion thereof mentioned therein;
(i) The license of a recruitment or manning agency which recruited or deployed an underage migrant
worker shall be automatically revoked and shall be penalized with a fine of not less than One million pesos
(P1,000,000.00) but not more than Three million pesos (P3,000,000.00) per recruited underage migrant
worker. All fees pertinent to the processing of papers or documents in the recruitment or deployment of
the underage migrant worker shall be refunded by the responsible recruitment or manning agency, without
need of notice, to the underage migrant worker or to the latter’s parents or guardian. The refund shall be
independent of and in addition to the indemnification for the damages sustained by the underage migrant
worker. The refund shall be paid within thirty (30) days from the date of the mandatory repatriation;
(j) Any person who violates Section 5(m) of this Act shall be deemed to have committed unlawful
activities and penalized for money laundering as defined in Republic Act No. 9160, otherwise known as the
‘Anti-Money Laundering Act of 2001’, as amended;
(k) Any person who files a complaint against another for violations of this Act and such complaint
has been found to be with malice and solely for the purpose of harassing, persecuting or subjecting the
latter to unwarranted surveillance or wiretapping, or both, shall suffer the penalty of imprisonment of not
more than one (1) year and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
(l) If the offender is a corporation, partnership, association, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager, or any responsible
officer, or any two (2) or more of them, who participated in the commission of the crime or who shall have
permitted or knowingly failed to prevent its commission;
(m) The registration with the Securities and Exchange Commission (SEC) or the Department of
Trade and Industry (DTI) and license to operate of the erring agency, corporation, association, religious
group, tour or travel agent, club or establishment, any place of entertainment, or any of the enumerated
38
entities under Section 9, shall be cancelled and :revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a different name;
(n) If the offender is a foreigner, he or she shall be immediately deported after serving his or her
sentence and be barred permanently from entering the country;
(o) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and
other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or
other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided
for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability
under this Act. The concerned government officials or employees shall, upon conviction, be dismissed from
the service and be barred permanently to hold public office and their retirement and other benefits shall
likewise be forfeited;
(p) Public or government officials and employees who are found guilty of any violation of this Act
shall be punished with dismissal or removal from office after due notice and hearing by the appropriate
agency. In addition, such official or employee shall suffer perpetual absolute disqualification to hold public
office and forfeiture of all retirement and other benefits; and
(q) Conviction, by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.”
SEC. 10. Section 15 of Republic Act No. 9208 is hereby amended to read as follows:
“SEC. 15. Trust Fund. – All fines imposed under this Act and the proceeds and properties forfeited
and confiscated pursuant to Section 14 hereof, as well as those collected by the AMLC, shall accrue to a
Trust Fund to be administered and managed by the Council to be used exclusively for programs that will
prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the mainstream of
society. Such programs shall include, but are not limited to, the following:
(a) x x x;
x x.x.”
follows:
“SEC. 16. Programs that Address Trafficking in Persons. – The government shall establish and
implement preventive, protective, and rehabilitative programs for trafficked persons. For this purpose, the
following agencies are hereby mandated to implement the corresponding programs:
(a) Department of Foreign Affairs (DFA) – shall make available its resources and facilities
overseas for trafficked persons regardless of their manner of entry to the receiving country, and
explore means to further enhance its assistance in eliminating trafficking activities through closer
networking with government agencies in the country and overseas, particularly in the formulation
of policies and implementation of relevant programs. It shall provide Filipino victims of trafficking
overseas with free legal assistance and counsel to pursue legal action against his or her traffickers,
represent his or her interests in any criminal investigation or prosecution, and assist in the application
for social benefits and/or regular immigration status as may be allowed or provided for by the host
country. The DF A shall repatriate trafficked Filipinos with the consent of the victims and assist in
the prosecution of their traffickers.
39
The DFA shall take necessary measures for the efficient implementation of the Electronic
Passporting System to protect the integrity of Philippine passports, visas and other travel documents
to reduce the incidence of trafficking through the use of fraudulent identification documents.
In coordination with the DOLE, it shall provide free temporary shelters and other services
to Filipino victims of trafficking overseas through the Migrant Workers and other Overseas Filipinos
Resource Centers established overseas under Republic Act No. 8042, as amended.
In coordination with the Bureau of Immigration (BI) and the DOJ, the DFA shall:
(1) Ensure, as far as practicable, that all convicted sex offenders in all jurisdictions, or those
listed in the registry of sex offenders in their own countries shall not be allowed entry in the
Philippines;
(2) Develop mechanisms to ensure the timely, coordinated, and effective response to cross-
border cases of trafficking;
(3) Provide immediate protection, repatriation, or both, to Filipino victims of trafficking
overseas;
(4) Recommend measures and unlertake joint activities to enhance cooperative efforts and
mutual assistance among foreign countries through bilateral or multi-lateral arrangements
to promote the registration of trafficking and sex offenders and their notification to persons
concerned;
(5) Adopt measures and policies to protect the rights and needs of victims who are foreign
nationals or asylum seekers, refugees, stateless applicants and stateless persons in the
Philippines and foreign NGOs caring for and protecting victims; and
(6) Initiate training programs to capacitate government agents and NGOs in identifying and
providing the necessary measures for intervention or assistance to victims of trafficking.
(b) Department of Social Welfare and Development (DSWD) – shall develop genderresponsive
and. trauma-informed counseling, rehabilitative, and protective programs for trafficked persons; including
prevention, rehabilitation, and reintegration programs for children, taking into consideration the unique
needs and requirements to enable them to cope with the trauma that they have suffered on account of
trafficking. It shall ensure that the national recovery and reintegration database is updated and maintained,
and that the national referral system which shall coincide with the local referral system, shall be implemented.
It shall maintain a 24-hour call center for crisis calls and technology-based counseling and referral system.
The DSWD must conduct information campaigns in communities and schools, teaching parents and
families that receiving consideration in exchange for adoption is punishable under the law. Furthermore,
information campaigns shall educate and enjoin parents not to give their children up for adoption in
exchange for any consideration.
(c) Department of Labor and Employment (DOLE) – shall ensure the strict implementation and
compliance with the rules and guidelines relative to standard labor conditions and the employment of
persons locally and overseas across all sectors. It shall likewise monitor, document and report cases of
trafficking in persons involving employers and formal and informal labor recruiters across all sectors,
provide employment facilitation and livelihood opportunities to trafficked victims and survivors. It shall
assist in the prosecution of employers hiring trafficked foreign nationals. In coordination with the DF A,
it shall provide free temporary shelters and other services to Filipino victims of trafficking through the
Migrant Workers and Other Overseas Filipinos Resource Center under Republic Act No. 8042. It shall also
provide reintegration support to these victims upon their repatriation.
40
(d) Department of Justice (DOJ) – shall ensure the prosecution of persons accused of trafficking
and designate and train special prosecutors who shall handle and prosecute cases of trafficking. For this
purpose, it shall provide legal and technical advice to the LEAs and facilitate international and mutual legal
assistance on the preservation and production of computer data and collection of electronic evidence.
It shall also establish a mechanism for free legal assistance for trafficked persons, in coordination with
the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and . volunteer groups. The DOJ shall
conduct tr,ainings and continuous education programs on investigation and prosecution for trafficking in
persons and other related offenses for prosecutors and LEOs; make or process requests for mutual legal
assistance or extradition; coordinate with international law enforcement and prosecution authorities for the
prosecution of human traffickers with a cross-border element; institutionalize border control mechanisms
to enforce the provisions of this Act; and coordinate with and provide assistance to AMLC on cases of
trafficking in persons with. possible money laundry underpinnings.
(e) Philippine Commission on Women (PCW) – X X X
(f) Bureau of Immigration (Bl) – shall strictly administer and enforce immigration and alien
administration laws. It shall disallow entry of foreign nationals who have been blacklisted or placed in
watchlist status for having committed sex offenses against women and children, or similar activities as
trafficking in persons and OSAEC in any jurisdiction. It shall adopt • measures for the apprehension of
suspected traffickers both at the place of arrival and departure, ensure strongih’ border protection against
human trafficking including the regulation of visa upon arrivals, and shall ensure compliance by the Filipino
fiances/fiancees and spouses of foreign nationals with the guidance and counseling requirement as
provided for in this Act.
xxx
(i) Department of the Interior and Local Government (DILG) – shall institute a systematic information
and prevention campaign in coordination with pertinent agencies of government as provided for in this
Act. In coordination with the IACAT, it shall provide training capacity-building and awareness-raising
programs to LGUs, in coordination with their local anti-trafficking in persons committees or council to
support the effective implementation of a community-based trafficking education program, and to ensure
wide understanding and application of this Act at the local level. Together with the leagues of provinces,
cities, and municipalities, it shall also embed in the LGU accreditation and local permit processing of tourism
enterprises a protocol that shall emphasize anti-trafficking objectives, the various forms by which trafficking
in persons is committed, and the concomitant responsibility of these enterprises to report actual and
possible acts of trafficking to the authorities.
It shall mandate LGUs to pass an ordinance to combat trafficking in persons and other forms of
exploitation at the- local level; and develop and implement a trafficking in persons preventive education
program aimed at educating and orienting the public about the crime and how it is perpetrated in current
society, and the services available for victims and survivors.
(j) Commission on Filipinos Overseas (CFO) – shall conduct pre-departure counseling services for
Filipinos in intermarriages and bi-national couples, including an orientation on human trafficking and other
forms of exploitation and reporting mechanisms and services available to the victims and survivors; and
maintain a watch list database of foreign nationals with a history of domestic violence, involvement in
trafficking in persons, mail-order-bride schemes, child abuse, and sexual abuse. It shall develop a system
of accreditation of NGOs that may be mobilized for purposes of conducting pre-departure counseling
services for Filipinos in intermarriages and bi-national couples. As such, it shall ensure that the counselors
contemplated under this Act shall have the minimum qualifications and training of guidance counselors as
provided for by law.
41
It shall, in coordination with the IACAT, supervise the operation of a 24/7 hotline facility, 1343
Actionline, against human trafficking that responds to emergency or crisis calls from victims of human
trafficking, their families, and the general public.
It shall likewise assist in the conduct of information campaigns against trafficking in coordination
with LGUs, the Philippine Information Agency (PIA), and NGOs.
(k) Local government units (LGUs) – shall develop and implement programs to prevent trafficking in
persons, monitor and document cases of trafficking in persons, and provide support to victims of trafficking
in persons including their subsequent rehabilitation and reintegration. To this end, they shall:
(1) Ensure that the Violence Against Women and Children desks in all barangays are activated
and staffed by trained personnel who are able to provide immediate and appropriate
support to victims of trafficking in persons;
(2) Organize and ensure the smooth functioning of a sub-committee on trafficking in persons
as an integral part of the local anti-trafficking in persons council that shall recommend
policies and programs aimed at ensuring the protection of children against trafficking and
grant honoraria to local anti-trafficking in persons committees or council members to ensure
total active participation;
(3) Document and monitor cases of trafficking in persons in their respective areas of
jurisdiction, effect the cancellation of licenses of establishments which violate the provisions
of this Act, ensure effective prosecution of such cases, and prescribe compliance with this
Act as requisite for the issuance and renewal of licenses and permits to establishments
within their respective jurisdictions, including internet service providers, internet content
hosts, internet cafes and establishments offering Wi-Fi services, tourism enterprises and
malls, transportation services, and financial intermediaries;
(4) Ensure the provision of necessary services to victims of trafficking in persons, such
as temporary shelter, board and lodging, transportation, counseling and documentation,
among others;
(5) Coordinate with, refer, and endorse to the DSWD all cases of trafficking in persons;
(6) Undertake an information campaign against trafficking in persons through the
establishment of the Migrants Advisory and Information Network (MAIN) desks in municipalities
or provinces in coordination with the DILG, PIA, CFO, NGOs and other concerned agencies.
They shall develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community;
(7) Encourage and support communitybased initiatives which address the trafficking in
persons;
(8) Enact ordinances to localize and strengthen the implementation of this law by providing
local services and programs to victims-survivors of trafficking and other exploitative
behavior;
(9) Develop a system for accreditation of NGOs and civil society organizations (CSOs) for
purposes of establishing centers and programs for interventions in the community;
(10) Submit regular reports to the. IACAT on trafficking in persons cases and programs
undertaken to prevent and address trafficking in persons; and
(11) Provide livelihood grants to support the economic empowerment of poor households, in
order to increase their financial capacities and address household crises which force them
to engage in trafficking.
In implementing this Act, the LGUs may seek and enlist the assistance of NGOs, people’s organizations
(POs), civic organizations and other volunteer groups.
The DILG shall investigate violations of this provision and recommend the appropriate filing of an
administrative case against erring public officials to the Ombudsman.
42
Any act or omission that is violative of this provision, and which is defined and penalized under the
Revised Penal Code or any statute, shall be prosecuted and punished under the applicable law.
(l) Department of Health (DOH) – shall make available resources and facilities in providing health care
to victims of trafficking, which shall at all times be held confidential. It shall likewise develop a comprehensive
program to prevent the trafficking of persons for the removal or sale of organs for implementation by the
local health offices, and render assistance in the investigation and prosecution of the same. It shall also
undertake and sustain activities to increase public awareness on trafficking in persons for the removal or sale
of organs, which may include awareness among medical practitioners, family and patient information and
education, public education, and advocacy campaigns. It shall also provide assistance in the investigation
and prosecution of traffickers of infants born in health facilities. It shall further render the same assistance
in organ trafficking cases.
(m) Department of Information and Communications Technology (DICT) – in coordination with

the Cybercrime Investigation and Coordinating Council (CICC), National Privacy Commission (NPC) and
National Telecommunications Commission (NTC) shall formulate policies, rules, and regulations to ensure
that internet intermediaries will comply with their duties to notify, preserve, and disclose data, as well as
install available technology to block or filter any form of child trafficking, child sexual abuse, or CSAEM or
CSAM.
It shall likewise extend immediate assistance for the prevention of the commission of cybercrime
offenses related to trafficking in persons, particularly online exploitation of children; and assist law
enforcement and prosecution agencies in the investigation of trafficking in persons committed through the
use of information and communications technology.
(n) Department of Migrant Workers (DMW) – shall provide Filipino victims of labor trafficking
overseas with free legal assistance and counsel to pursue legal action against the offenders; represent
their interests in any criminal investigation or prosecution; and assist in the application for social benefits
and the regularization of their immigration status as may be allowed or provided for by the host country.
The DMW shall repatriate trafficked Overseas Filipino Workers (OFWe), especially those whose ages fall
below the minimum age requirement for overseas deployment, without delay, with the consent of the
victims and assist in the prosecution of their traffickers. All responsible officers in the Foreign Service shall
have the duty to advise the DMW through the fastest means of communication available the discovery and
other relevant information on said trafficked migrant workers.
(o) Department of Tourism (DOT) – in coordination with the IACAT and other relevant government.
agencies, shall formulate and implement preventive measures against sex tourism packages and the use of
tourism enterprises as situs of human trafficking; develop a comprehensive program, including policies and
guidelines, to address and prevent trafficking in persons in the travel and tourism industry and in places of
amusement; develop a set of .criteria as basis for accreditation of tourism enterprises by its local tourism
offices, such as the enactment of a local tourism child protection policy in partnership with an NGO that
is involved in preventing sexual exploitation of children in the travel and tourism industry; and ensure that
all anti-trafficking in persons safeguards, and relevant national and local labor standards and practices are
being followed, adopted and implemented in all tourism enterprises, the travel and tourism industry and in
places of amusement.
(p) Department of Education (DepEd) – shall provide measures to prevent trafficking in persons
and other exploitative acts such as OSAEC in educational institutions, such as the conduct of information
campaigns and the establishment of reporting mechanisms in the school system consistent with its child
protection and gender and development programs; and develop a teacher training manual and modules
or curriculum for students aimed at raising their awareness on. the perils of trafficking in persons and the
prevention of trafficking and other exploitative forms of behavior.
43
In coordination with the IACAT, the Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA), and civil society actors, the DepEd shall implement
a school-based anti-trafficking preventive education program.
(q) Department of Agriculture (DA) and Bureau of Fisheries and Aquatic Resources (BF AR) – shall
institute a systematic information and prevention campaign in coordination with the agencies of government
as provided for in this Act. It shall provide capacity-building programs to its regional, city and municipal
units, in coordination with the IACAT and other concerned agencies, to ensure wide understanding and
application of this Act, including the local agriculture and fisheries sector. They shall encourage and support
anti-trafficking initiatives in the national and local levels, and establish a system for receiving complaints
and calls of assisting trafficked persons, and facilitating the referral of these complaints to the appropriate
agency.
(r) Department of Transportation (DOTr) – consistent with its mandate to provide viable, efficient,
fast, safe, and dependable transportation, shall develop a comprehensive program and awareness
campaign to assist all transportation sectors, including Transport Network Vehicle Services (TNVS), and
transportation personnel, such as airline flight attendants, airport agents, taxi and bus drivers, TNVS drivers,
truckers, train and delivery drivers, and passenger boat crew in identifying victims of trafficking in persons
and reporting incidents of trafficking in persons.
(s) Philippine Coast Guard (PCG) – consistent with its mandate to perform maritime search and rescue,
maritime law enforcement, maritime safety, and maritime security, shall undertake regular inspections,
surveillance, investigation, and arrest of individuals or persons suspected to be engaged in trafficking
at sea. It shall closely coordinate with other LEAs to secure concerted efforts for effective investigation
and apprehension of suspected traffickers and shall establish a system to receive complaints and calls
to assist trafficked persons and conduct rescue operations. It shall provide capacity-building programs
to its regional, city, and municipal units, in coordination with other concerned agencies, in ensuring wide
understanding and application of this Act at the local level. It shall encourage and support anti-trafficking
initiatives from the national to the local levels.
(t) National Council on Disability Affairs (NCDA) – in coordination with the IACAT, shall develop
programs for the prevention of trafficking of PWDs; and provide assistance to PWDs who are victims of
trafficking.
(u) National Commission on Indigenous Peoples (NCIP) – in coordination with the IACAT, shall
develop a program for the prevention of trafficking in indigenous persons and in indigenous cultural
communities: Provided, That trafficking in persons cases are matters that cannot be the subject of
settlement in accordance with tribal customs.
(v) Office of Civil Defense – National Disaster Risk Reduction and Management Council (OCD-
NDRRMC) – in coordination with the IACAT, shall develop guidelines for the prevention of trafficking in
persons in emergency; disaster, pandemic and crisis situations, as well as mandate the Local Disaster Risk
Reduction Management Office (LDRRMO) and Council (LDRRMC) to develop programs to prevent and
protect the survivors of disaster or conflict from perpetrators of trafficking in persons.
(w) Philippine Amusement and Gaming Corporation (PAGCOR) – in coordination with the IACAT
and the DOLE, shall develop guidelines to monitor Philippine Off-Shore Gaming Operator establishments
to ensure compliance with the provisions of this Act. It shall also monitor gaming and amusement venues
to prevent sex trafficking and prosecute violators.
(x) Philippine Center on Transnational Crime (PCTC) – shall undertake strategic research on the
structure and dynamics of trafficking in persons with transnational crime dimension, predict trends and analyze
44
given factors for the formulation of individual and collective strategies for the prevention and detection_ of
trafficking in persons and the apprehension of criminal elements involved; strengthen information exchange
on trafficking in persons between and among government agencies, foreign counterparts and international
organizations; serve as the focal point in international enforcement coordination on trafficking in persons
particularly with the International Criminal Police Organization (INTERPOL) a:Jrd cooperation with regional
and international foreign counterparts; and promote the development of training courses in relation to
combating the crime of trafficking in persons.
(y) Council for the Welfare of Children (CWC) – shall integrate in its development and strategic
frameworks issues and concerns affecting trafficking in children and ensure the adoption of such frameworks
by the LGUs and other stakeholders; vigorously advocate against trafficking of children; improve data on
trafficking in children through integration of critical and relevant indicators into the monitoring system
for children; adopt policies and measures that will protect and promote the rights and welfare of children
victims of trafficking and coordinate and monitor their implementation; and address issues on trafficking of
children through policy and program interventions.
(z) Philippine Ports Authority (PPA) – consistent with its mandate, shai1 enhance its security measures
and shall undertake regular inspections of the country’s ports and harbors; coordinate with other LEAs for
effective investigation and apprehension of suspected traffickers; and develop prolft”ams to address and
prevent trafficking in persons committed within the ports under their jurisdiction.”
SEC. 12. Section 19 of Republic Act No. 9208 is hereby amended as follows:
“SEC. 19. Trafficked Persons ‘Who are Foreign Nationals. – Subject to the guidelines issued by the
Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to
appropriate protection, assistance and services available to trafficked persons under this Act, including the
provision of interpreters and coordination with their respective embassies with the express consent of the
victims: Provided, That they shall be permitted continued presence in the Philippines for a length of time
prescribed by the Council as necessary to effect the prosecution of offenders.”
SECTION 13. Section 20 of Republic Act No. 9208, as amended, is hereby further amended to read
as follows:
“SEC. 20. Inter-Agency Council Against Trafficking. – There is hereby established an InterAgency
Council Against Trafficking (IACAT), to be composed of the Secretary of the Department of Justice as
Chairperson and the Secretary of the Department of Social Welfare and Development as Co-chairperson
and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;
(c) Secretary, Department of the Interior and Local Government;
(d) Secretary, Department of Education;
(e) Secretary, Department of Health;
(f) Secretary, Department of Information and Communications Technology;
(g) Secretary, Department of Migrant Workers;
(h) Secretary, Department of Tourism;
(i) Secretary, Department of Transportation;
(j) Administrator, Philippine Overseas Employment Administration;
45
(k) Commissioner, Bureau of Immigration;
(l) Commandant, Philippine Coast Guard;
(m) Chief, Philippine National Police;
(n) Chairperson, Philippine Commission on Women;
(o) Chairperson, Commission on Filipinos Overseas;
(p) Chairperson, National Commission on Indigenous Peoples;
(q) Director, National Bureau of Investigation;
(r) Executive Director, Philippine Center on Transnational Crime;
(s) Executive Director, Council for the Welfare of Children;
(t) Executive Director, National Authority for Child Care;
(u) Executive Director, Anti-Money Laundering Council;
(v). Presidents of the Leagues of Provinces Municipalities, and Cities of the Philippines; and
(w) Three (3) representatives from NGOs who shall include one (1) representative each from
among the sectors reprresenting women, overseas Filipinos, and children, with a proven
record of involvement in the prevention and suppression of trafficking in persons, and with
a view towards even geographical representation. These representatives lhall be nominated
by the government agency representatives of the Council, for appointment by the President
for a term of three (3) years.
The members of the Council may designate their permanent representatives who shall have a rank
not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may
be determined by the Council in accordance with existing budget and accounting rules and regulations.”
“SEC. 21. Functions of the Council. – The Council shall have the following powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the
trafficking in persons, utilizing a multi-disciplinary and collaborative approach in the service delivery
to and case management of trafficking victims and survivors and their families, including livelihood
opportunities, and the development of school-based and communitybased human trafficking
preventive education programs, and psychosocial interventions by a multidisciplinary team for the
victims and their families;
xxx
(m) Coordinate with the DICT, DTI, and other NGOs in monitoring the promotion of
advertisements that tend to promote trafficking in persons;
(n) x x x;
(o) x x x;
(p) Regularly assess current data collection on, and the reporting and monitoring system for
trafficking in persons, and identify gaps in implementation;
(q) Develop an effective referral system which concerned government agencies and NGOs
can use to coordinate the provision of the necessary intervention or assistance that can be provided
to trafficked persons;
(r) Conduct periodic studies with other stakeholders such as LGUs, civil society, and the
academe to build more empirical evidence on trafficking cases;
(s) Develop an integrated case management system or trafficking in persons data sets
to facilitate the coordination and monitoring among the members of the Council and ensure the
46
proper recovery and reintegration of the victim-survivors of trafficking;
(t) Impose administrative sanctions on the violations of this law and its implementing rules
and regulations as well as its orders and resolutions; and
(u) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.”
SECTION 15. Section 22 of Republic Act No. 9208, as amended, is hereby further amended to read
as follows:
“SEC. 22. Secretariat to the Council. – The Department of Justice shall establish the necessary
Secretariat for the Council.
xxx
The Secretary of Justice shall determine the organizational structure and staffing pattern
of the Secretariat. Such organizational structure and staffing pattern shall be submitted to the
Department of Budget and Management for approval.”
“SECTION 24. Other Services for Trafficked Persons. –

(a) x x x
(b) x x x
(c) x x x
(d) Healing, Recovery, and Reintegration Program for Trafficked Persons (RRPTP) – The
DSWD and the LGUs shall develop and implement a healing, recovery, and reintegration
program for trafficked persons which shall include a comprehensive package of services
for the individual victim-survivor of trafficking in persons, the victim’s immediate family, and
the community at large including mental health services such as psychological assessment,
counseling and therapy, rehabilitation, upgrade of temporary shelters, assistance in
accessing judicial services, livelihood training and opportunities, psychoeducation services,
educational scholarships, or skills enhancement training services, and economic reintegration
services.
The LGUs shall be responsible for the proper implementation of the recovery and
reintegration program for trafficked persons: Provided, That the DSWD shall monitor and
evaluate the implementation of the program and conduct an audit of Local Social Welfare
and Development Offices.”
SEC. 17. Section 26-A of Republic Act No. 9208, as amended, is hereby further amended to read
as follows:
“SECTION 26-A. Extra-Territorial Jurisdiction. – The State shall exercise jurisdiction over any
act defined and penalized under this Act, even if committed outside the Philippines and whether
or not such act or acts constitute an offense at the place of commission, in the offense, being a
continuing offense, was either commenced m the Philippines; or committed in another country:
Provided, That in the case of the latter, the suspect or accused:
47
(a) x x x;
(b) x x x;
(c) x x x;
xxx
follows:
“SEC. 28. Appropriations. – The amount necessary for the implementation of this Act shall be
included in the annual General Approprations Act.”
“SEC. 29. Implementing Rules and Regulations (IRR). – The IACAT shall, in consultation with
representatives from other relevant government agencies such as CWC, DiCT, CICC, PNP, NBI,
NTC, NPC, the internet intermediaries, and concerned NGOs, promulgate the necessary rules and
regulations to implement this Act, within ninety (90) days after the effectivity.
The Revised Penal Code and other special laws shall be suppletory applicable to this Act.”
SEC. 20. Separability Clause. – If any part of this Act is declared unconstitutional or invalid, the
SEC. 21. Repealing Clause. – Article 202 of the Revised Penal Code, as amended by Republic Act No.
10158, is deemed repealed and Republic Act No. 9208, as amended by Republic Act No. 10364, is hereby
further amended. All laws, acts, presidential decrees, executive orders, administrative orders, and rules
and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified,
or repealed accordingly: Provided, That this Act shall not in any way amend or repeal the provisions of
Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Abuse, Exploitation
and Discrimination Act”.
SEC. 22. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.
48
Title of Law: An Act Promoting the Rights of and Providing Greater Protections to Deserted or
Abandoned Children with Unknown Parents, Amending for this Purpose Articles 276 And 277
of the Revised Penal Code and Special Laws, Recognizing their Status as Natural-Born Citizens
of the Philippines, Providing Penalties Against Acts Inimical to their Welfare, and for Other Pur-
poses
Short Title: Foundling Recognition and Protection Act
Date of Passage: May 6, 2022
Category of Child’s Rights: Protection and Survival
Amended by: N/A
11767 (September 9, 2022)
AN ACT PROMOTING THE RIGHTS OF AND PROVIDING GREATER PROTECTIONS TO DESERTED

OR ABANDONED CHILDREN WITH UNKNOWN PARENTS, AMENDING FOR THIS PURPOSE
ARTICLES 276 AND 277 OF THE REVISED PENAL CODE AND SPECIAL LAWS, RECOGNIZING
THEIR STATUS AS NATURAL-BORN CITIZENS OF THE PHILIPPINES, PROVIDING PENALTIES
AGAINST ACTS INIMICAL TO THEIR WELFARE, AND FOR OTHER PURPOSES
SECTION 1. Short Title. - This Act shall be entitled as the “Foundling Recognition and Protection
Act”.
SECTION 2. Declaration of Policy. - The State values the dignity of every human being and
guarantees full respect for human rights. A child has the same general human rights as an adult, with
specific rights that recognize specific needs. As such, the State shall protect the rights and ensure
access to assistance, including proper care, nutrition and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions prejudicial to the development of every child.
The State shall uphold the best interests of the child, including and especially the child with
distinct vulnerabilities, such as the neglected, stateless, and abandoned or deserted, by proactively
and diligently inquiring into the facts of the child’s birth and parentage. It recognizes the generally
accepted thrust of international law to reduce and prevent statelessness. It shall protect any child
with unknown parents by ensuring a natural-born citizen status consistent with our Constitution, the
United Nations Convention on the Rights of the Child and other relevant instruments, and the generally
accepted principles of international law. The State shall also adopt measures to ensure that support
services are provided to foundlings and acts inimical to their welfare are penalized.
In furtherance of the State policy to create one body to exercise all powers and functions
relating to alternative child care, State services relating to the protection and welfare of foundlings
shall be placed under the National Authority for Child Care (NACC).
SECTION 3. Definition of Foundling. - For purposes of this Act, s foundling shall be a deserted
or abandoned child or infant with unknown facts of birth and parentage. This shall also include those
who have been duly registered as a foundling during her or his infant childhood, but have reached the
age of majority without benefitting from adoption procedures upon the passage of this law.
49
SECTION 4. Finder. - The finder shall be a person of legal age who discovered the deserted
or abandoned child: Provided, That if the actual finder is a minor, his or her parent or legal guardian
shall assist in making the report. The finder shall report within forty-48 (48) hours upon discovery
of the child to inform the Local Social Welfare and Development Office (LSWDO), closest to him/
her, or any safe haven provider, which shall in turn coordinate with the NACC through the Regional
Alternative Child Care Office (RACCO), for the provision of appropriate care and services in line with
the foundling’s needs and best interest.
In case the finder/s apply to become foster parent/s of the foundling, the NACC shall prioritize
the assessment if they meet the qualifications under Republic Act No. 10165, or the “Foster Care Act
of 2012”.
ARTICLE I
Status and Legitimacy
SECTION 5. Citizenship Status of a Foundling Found in the Philippines and/or in Philippine

Embassies, Consulates and Territories Abroad. - A foundling found in the Philippines and/or in Philippine
embassies, consulates and territories abroad is presumed a natural-born Filipino citizen regardless
of the status or circumstances of birth. As a natural-born citizen of the Philippines, a foundling is
accorded with rights and protections at the moment of birth equivalent to those belonging to such
class of citizens whose citizenship does not need perfection or any further act.
The presumption of natural-born status of a foundling may not be impugned in any proceeding
unless substantial proof of foreign parentage is shown. The natural-born status of a foundling shall
not also be affected by the fact that the birth certificate was simulated, or that there was absence of
a legal adoption process, or that there was inaction or delay in reporting, documenting, or registering
a foundling.
SECTION 6. Administrative Adoption and Status of Legitimacy. - In the event that the biological
parents cannot be identified and located, the foundling shall be declared legally available for adoption
subject to existing laws, rules and regulations and taking into consideration the best interest of the
child.
The relevant provisions of Republic Act No. 11642, otherwise known as the “Domestic
Administrative Adoption and Alternative Child Care Act”, shall apply in the adoption of foundlings. ℒαwρhi৷
Consistent with Section 41 of Republic Act No. 11642, once the adoption of the foundling is
finalized, the adopted foundling shall be considered the legitimate child of the adopter for all intents
and purposes and, as such, is entitled to all the rights and obligations provided by law to legitimate
children born to them without discrimination of any kind. To this end, the adoptee is entitle to love,
guidance, and support in keeping with the means of the family. The legitimate filiation that is created
between the adopter and adopted foundling shall be extended to the adopter’s parents, adopter’s
legitimate siblings, and legitimate descendants.
The adopter is also given the right to choose the name by which the adopted foundling is to
be known, consistent with the best interest of the child.
SECTION 7. Alternative Child Care Options. - The NACC, LSWDO, and any accredited child-
caring or child-placing agency shall ensure that foundlings are provided with alternative child care
options, such as but not limited to kinship care, foster care, or even residential care, consistent with
existing laws, while the search and inquiry into the facts of birth and parentage of the foundling is
ongoing.
SECTION 8. Right to Government Programs and Services. - A foundling shall, as a matter of

right, be entitled to every available government program or service, including registration, facilitation
50
of documents for adoption, education, legal and police protection, proper nourishment and medical
care for survival and development, and admission to safe and secure child centers.
The NACC, through the RACCOs, all relevant government agencies, the concerned local
government units (LGUs), police authority and the finder shall, at all times, consider the child’s best
interest in all actions or support services provided for a foundling.
ARTICLE II
Registration
SECTION 9. Conduct of Search and Inquiry. - Within fifteen (15) days after commitment, or
submission of the affidavit of the finder or other concerned person, or the information that there is
a probable foundling was brought to the attention of the NACC, unless more time is needed in view
of significant developments, the NACC, through the RACCOs, shall conduct a proactive and diligent
search and inquiry into the facts of birth and parentage of the foundling.
The NACC, through the RACCOs, shall ask assistance from the finder, the LGUs, LSWDOs, the
local or rural health units, the women and child protection desks of the Philippine National Police (PNP),
the Department of Health (DOH), any public or private hospital, and other concerned individuals in the
conduct of the search and inquiry. The official report of such inquiry shall thereafter be used for the
application for and issuance of the Certificate of Live Birth.
Television, radio or print media or tri-media and other social media platforms shall be used to
conduct the search or to locate the whereabouts of the parents of the foundling without compromising
the confidentiality of one’s identity.
SECTION 10. Registration of a Foundling. - The following documents shall be required before
the foundling may be registered with the local Civil Registrar:
(a) Affidavit of the finder;
(b) Certification of the barangay captain or police authority on the circumstance surrounding
the foundling’s discovery: Provided, That in the event that the child is found in a different
barangay from the residence of the finder, both barangay captains shall be informed; and
(c) Report of the NACC duly signed by the authorized officer.
The NACC report must attest to the fact that the birth and parentage of the foundling are
unknown despite the proactive and diligent search and inquiry conducted. The report must be
exhaustive and must include all the facts that have been gathered regarding the parents and the birth
of the foundling: Provided, That, for adult foundlings with no foundling certificate, no exhaustive social
case study report by the RACCO shall be required but the LSWDO shall issue a report on his or her
background and qualifications as a foundling under this Act.
The NACC shall fill out and submit the application for registration to the Local Civil Registrar
which shall issue the Certificate of Live Birth of the foundling after the receipt of the foregoing
requirements: Provided, That one whi has an existing certificate of foundling or a similar official
document issued before the implementation of this Act may secure a Certificate of Live Birth before
the Local Civil Registrar, which shall immediately issue one, without cost, on the basis of such document
alone: Provided, further, That a certificate of foundling or a similar official document shall continue to
have the same legal effect as a Certificate of Live Birth.
The concerned agencies shall streamline the registration process for a foundling, regardless
of age and circumstances in order to expedite the issuance of a Certificate of Live Birth and without
51
placing any unnecessary burden on the foundling: Provided, That the foundling has the right to access
all the documentary requirements submitted for registration: Provided, further, That in the Certificate
of Live Birth and succeeding public documents, the foundling shall not be referred to as such, or in
any other discriminatory manner: Provided, furthermore, That the foundling shall not be considered
stateless between the period of inding or discovery and the issuance of the order of confirmation
of citizenship: Provide, finally, That the privacy and best interest of the child shall be protected at all
times.
SECTION 11. Revocation of Issued Certificate of Live Birth. - The biological parent/s, the NACC
or the LSWDO may file a petition for the revocation of the Certificate of Live Birth before the Local
Civil Registrar based on the following grounds:
(a) Percentage of the foundling has been established; or
(b) Fraud to conceal the material facts of birth or parentage of the person that would otherwise
not render the person as a foundling.
If the parentage of one foundling is established, and the foundling cannot acquire the citizenship
of the parents which will result in statelessness, the foundling shall retain Philippine citizenship until
such time that it can be established that the foundling is able to benefit from the citizenship of either
parent.
SECTION 12. Recovering Legal Custody and Restoring Parental Authority. - The biological
parent/s or legal guardian of a foundling may petition the NACC to recover the legal custody and
restore parental authority over the child: Provided, That if the child was voluntarily committed, or if any
of the following is pending with the NACC: (a) Petition for the issuance of Certificate Declaring a Child
Legally Available for Adoption (CDCLAA), (b) Supervised trial custody, or (c) Petition for Adoption, the
relevant provisions of Republic Act No. 11642 shall apply. In deciding all cases, the best interest of the
child shall be the paramount consideration of the NACC.
If the child is already adopted, all legal ties between the biological parents or legal guardian
and the child are severed and the same shall be vested on the adopters. ℒαwρhi৷
The NACC or the LSWDO shall provide necessary counseling and other necessary programs
and services to the biological parents, and the necessary assistance to authorities when the biological
parents of a foundling are identified and express the desire to reclaim or exercise parental authority
over them.
ARTICLE III
Safe Haven
SECTION 13. Safe Haven. - Notwithstanding Articles 276 and 277 of the Revised Penal Code and
Republic Act No. 7610, any parent who relinquishes an infant thirty (30) days old and younger to the
following persons or entities shall be exempt from criminal liability:
(a) A licensed child-caring agency;
(b) A licensed child-placing agency;
(c) A church: Provided, That, for purposes of this Act, a church shall be defined as a place
devoted to religious worship held with regularity;
(d) DOH-accredited health facilities including hospitals, infirmaries, city health offices, birthing
homes, rural health units and barangay health stations;
(e) A Local Social Welfare and Development Office; and
52
(f) DSWD-managed residential care facilities and LGU-managed residential care facilities.
SECTION 14. Duties and Responsibilities of the Safe Haven Provider. - The safe haven provider
shall:
(a) Act appropriately to take care of the infant;
(b) Inform the parent that the parent may, but is not required to answer questions regarding
the identity and medical history of the infant;
(c) Confirm, if practicable, that the parent wishes to permanently relinquish their parental rights
and release the infant for adoption; and
(d) Within the forty-eight (48) hours from the time of relinquishment of the child by birth
parent/s to safe haven provider or from the report by a finder that a foundling was discovered,
as applicable, inform the NACC through the RACCO that a child has been relinquished in its
custody, including all information surrounding the identity and circumstances of abandonment
of the child.
SECTION 15. Status of Infants Relinquished under the Safe Haven Provisions. - Infants relinquished
under the safe haven provisions of this Act shall be considered foundlings.
SECTION 16. Immunity for the Safe Haven Provider. - A safe haven provider who receives an
infant pursuant to this Act shall not be liable for any civil damages for any act ot omission done in
maintaining custody of the infant: Provided,, That the safe haven provider acts in good faith without
gross negligence.
ARTICLE IV
Penalties
SECTION 17. Penalties. - The following penalties shall be imposed:
(a) The penalty of imprisonment of not less than six (6) months but not more than six
(6) years shall be imposed on any person who falsifies or is involved in the falsification of the
registration of the supposed foundling, including the documents required therefor: Provided, That
a public officer found to have been involved in such act of falsification shall be punished by the
penalty next higher in degree;
(b) The penalty of imprisonment of not less than six (6) months but not more than five
(5) years shall be imposed on the finder, the concerned NACC or RACCO employees, staff of
child-caring and child-placing facilities, safe haven providers, police officers, city, municipal
and barangay officers, health employees, hospital staff and any other concerned person who
refuses, delays, or obstructs the conduct of search and inquiry into the facts of birth and
parentage of the foundling;
(c) A fine ranging from Five hundred thousand pesos (P500,000.00) to One million
pesos (P1,000,000.00) shall be imposed on a safe haven provider that does not report within
forty-eight (48) hours that an infant was relinquished within its premises;
(d) Without prejudice to criminal liability under other laws, a fine ranging from One
million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00) or imprisonment of not
less than three (3)) months but not more than two (2) years, or both, shall be imposed on
any person who falsifies or is involved in the falsification of the registration of the supposed
foundling, including the documents required therefor, to facilitate the crime of kidnapping or
trafficking in persons: Provided, That a public officer found to have been involved in such act
53
of falsification shall be punished by the penalty next higher in degree and shall perpetually
disqualified from office.
The penalties under this section are without prejudice to other liabilities arising from existing
civil, administrative and criminal laws for the same act or violation.
ARTICLE V
Final Provisions
SECTION 18. Advocacy and Information Dissemination. - The Philippine Statistics Authority
(PSA) and the NACC, together with the LSWDOs, Local Council for the Protection of Children (LCPC),
Department of the Interior and Local Government (DILG), and other relevant stakeholders shall
conceptualize, conduct and coordinate information dissemination and advocacy campaigns on the
provisions and implementation of this Act, and the issues and concerns affecting a foundling
SECTION 19. Data Collection. - In order to develop and implement more responsive policies,
plans and programs for foundlings, regular and synchronized data collection shall be conducted
by the LGUs in coordination with the PSA, NACC and other relevant stakeholders. The collection,
preservation and sharing of data shall be conducted pursuant to Republic Act No. 10173, otherwise
known as the “Data Privacy Act of 2012”.
SECTION 20. Retroactive Application. - This Act shall have retroactive effect for any foundling
insofar as it does not prejudice or impair vested or acquired rights pursuant to existing laws.
SECTION 21. Implementing Rules and Regulations. - Within ninety (90) days from the approval
of this Act, the Secretary of Social Welfare and Development and the Executive Director of the Inter-
Country Adoption Board shall, in consultation with the Secretary of Justice, Secretary of the Interior
and Local Government, PSA, Council for the Welfare of Children (CWC) and two (2) representatives
from child-caring agencies catering to abandoned children and foundlings, formulate the rules and
regulations to implement this Act.
SECTION 22. Transitory Provision. - All the benefits of this Act shall also apply yo foundlings duly
registered as such during their childhood, but have reached the age of maturity without benefitting
from adoption procedures: Provided, That such foundling shall undergo the procedure and comply
with the requirements outlined in the IRR within ten (10) years from its effectivity.
Before the establishment of the NACC as provided under Section 56 of Republic Act No. 11642,
the functions of the NACC relating to foundlings shall remain with the DSWD. The functions of the
ℒαwρhi৷
RACCO shall, during the three (3)-year period, be performed by the DSWD field offices in coordination
with the LSWDOs.
SECTION 23. Repealing Clause. - All other laws, decrees, executive orders, issuances, rules
and regulations, or parts thereof inconsistent with this Act are hereby likewise repealed or amended
accordingly.
SECTION 24. Separability Clause. - If, for any reason, any section or provisions of this Act is
declared unconstitutional or invalid, the other sections or provisions not affected thereby shall remain
in full force and effect.
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SECTION 25. Suppletory Clause. - Republic Act No. 11642, otherwise known as the “Domestic
Administrative Adoption and Alternative Child Care Act”, Republic Act No. 11222 or the “Simulated
Birth Rectification Act”, Executive Order No. 209, s. 1987 or “The Family Code of the Philippines”, and
other existing and applicable laws on adoption and on child welfare, care and protection shall have
suppletory application to this Act.
SECTION 26. Effectivity. - This Act shall take effect after fifteen (15) days upon publication in at
least two (2) newspapers of general circulation.
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Title of Law: An Act Instituting a Policy of Inclusion and Services for Learners with Disabilities
in Support of Inclusive Education, Establishing Inclusive Learning Resource Centers of Learners
with Disabilities in All School Districts, Municipalities and Cities, Providing for Standards, Appro-
priating Funds Therefor, and for Other Purposes
Short Title: Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support
of Inclusive Education Act
Date of Passage: March 11, 2022
Amended by: N/A
Implementing Rules and Regulation: N/A
AN ACT INSTITUTING A POLICY OF INCLUSION AND SERVICES FOR LEARNERS WITH DISABILITIES IN
SUPPORT OF INCLUSIVE EDUCATION, ESTABLISHING INCLUSIVE LEARNING RESOURCE CENTERS OF
LEARNERS WITH DISABILITIES IN ALL SCHOOL DISTRICTS, MUNICIPALITIES AND CITIES, PROVIDING
FOR STANDARDS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Short Title. - This Act shall be known as the “Instituting a Policy of Inclusion and Services
for Learners with Disabilities in Support of Inclusive Education Act”.
SECTION 2. Declaration of Policy. - It is the policy of the State to protect and promote the right
of all citizens to quality education at all levels and shall take appropriate steps to make such education
accessible to all. It shall recognize , protect, and promote the rights of all learners with disabilities, including
those belonging to ethnic, religious, or linguistic minorities or persons of indigenous origin, to education
compulsory and accessible to them by ensuring that no learner with disability is deprived of the right of
access to an inclusive, equitable, and quality education, and promote lifelong learning opportunities for
them.
The whole-of-community approach shall be adopted for the inclusion of learners with disabilities
in the general education system and the community to facilitate collaborative action in and by the
school community, the academe, and other stakeholders; public or private, to foster the involvement and
participation of every sector, especially the organizations of persons with disabilities, the learners with
disabilities, and their parents, guardians, and other membes of their families.
Towards this end, the State shall encourage learning institutions, including higher learning institutions
and technical and vocational institutions, to take into consideration the diverse needs of learners with
disabilities with respect to the use of school facilities, class schedules and physical education requirements,
and promote and support their provision of services that will facilitate the learning process of learners with
disabilities. The State shall further recognize the right of learners with disabilities to the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health, and ensure
that no learner with disability is deprived of protection and the right of access to such health care and
rehabilitation services.
The State likewise recognizes the vital role of learners with disabilities in society as an integral part
of national development strategies. It shall accordingly guarantee their social protection, and facilitate their
active participation and inclusion in public, civic, and State affairs.
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SECTION 3. Objectives. - This Act shall pursue to the following objectives:
(a) To provide learners with disabilities free and appropriate public early and basic education and
support and related services based on their needs, and in preparation for independent living and
community life;
(b) To provide learners with disabilities access to the general education system through formal
school systems, including the implementation of alternative delivery modes, in accordance with
the “United Nations Convention on the Rights of Persons with Disabilities”, “UNESCO Convention
Against Discrimination in Education”, “The Incheon Strategy to Make the Rights Real for Persons
with Disabilities in Asia and the Pacific”, Republic Act No. 11510 or the “Alternative Learning System
Act”, and other specific rights and benefits under existing laws;
(c) To establish and maintain Inclusive Learning Resource Centers of Learners with Disabilities in
support of their inclusion in the general education system, particularly to the formal school system
as provided in the Individualized Education Plan;
(d) To ensure that learners with disabilities develop their full potential toward self-sufficiency and
become fully participative members of society;
(e) To create significant and positive changes in community orientation towards disability to ensure
that learners with disabilities are understood, appreciated, and respected for their differences by
the members of their communities and by society in general;
(f) To further develop a system for identification, referral, and intervention for learners with
disabilities;
(g) To identify, through a Child Find System, learners with disabilities ages three (3) to twenty-four
(24), and infants and toddlers under the age of three (3), in compliance with Republic Act No. 10410,
otherwise known as the “Early Years Act (EYA) of 2013”;
(h) To institutionalize the development, implementation, and review of the Individualized Education
Plan for the quality education of learners with disabilities;
(i) To provide parents or guardians of learners with disabilities with information and opportunities to
actively participate in the determination of educational placement options and programs to enable
them to make informed choices and decisions;
(j) To enable and empower all teachers, including those with disabilities, parents, guardians, and
family members by training and equipping them with capabilities for the detection, referral or
introduction of interventions with regard to disorders, disabilities, and abilities of the learners;
(k) To train and equip all teachers, including child development teachers and workers, principals,
administrators, non-teaching staff of the school, sign language interpreters, parents, guardians,
and care providers as partners in the care, development, education, and advancement of learners
with disabilities;
(l) To increase school retention and cohort survival of learners with disabilities; and
(m) To establish an effective consultative mechanism that will actively involve learners with
disabilities, when appropriate, and their representative organizations in the implementation of this
Act and in resolving issues relating to it.
SECTION 4. Definition of Terms. - As used in this Act, the following shall be defined as follows:
(a) Basic Education refers to a program of instruction intended to meet the basic learning needs
which provide the foundation on which subsequent learning can be based. It encompasses
kindergarten, elementary and secondary education of all learners, including those with disabilities,
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as well as Alternative Learning Systems (ALS) as provided in Republic Act No. 11510, ad Republic Act
No. 10533, or the “Enhanced Basic Education Act of 2013”;
(b) Child Development Center (CDCs) are the day care centers established in every barangay under
Republic Act No. 6972 or the “Barangay-Level Total Development and Protection of Children Act”
and converted to CDCs under Republic Act No. 10410. CDCs are implementing health, nutrition,
early education, and social services development programs that provide for the basic holistic
needs of learners with disabilities below five (5) years old to promote their optimum growth and
development, These also include national CDCs as provided in Republic Act No. 10410;
(c) Child Find System (CFS) refers to the system of identification, location, and evaluation of all
learners with disabilities not more than twenty-four (24) years of age who are not receiving basic
education services for purposes of facilitating their inclusion into the general basic education
system. It likewise covers learners with disabilities below five (5) years old who are not receiving
early education services and program under Republic Act No. 10410;
(d) Inclusive Education refers to the process of addressing and responding to the diversity of needs
of all learners by moving towards the end-goal of full participation, presence and achievement in
learning cultures and communities, which involves accommodation, modification, adaptation, and
individualization in content, approaches, structures, and strategies. It involves equitable opportunities
for learners with disabilities to receive educational services, and the needed support and related
services with their age-appropriate peer groups and, as far as practicable, in such schools or ILRCs
nearest their homes or residences, in order to prepare them to live as fully functional members of
society;
(e) Inclusion refers to a process where all learners, regardless of their background and abilities, are
given an equal chance to play, learn, and interact together in the same learning environment and
the community. It is an approach where every learner is valued, supported, and given access to
equal opportunities and learning experiences within an Inclusive Learning Resource Center, CDC or
school setting, and the community;
(f) Inclusive Learning Resource Center of Learners with Disabilities (ILRC) refers to a physical or
virtual center that provides support and related services to teaching and learning, using appropriate,
accessible, disability, linguistically-culturally-, and gender-sensitive instructional learning materials,
tools, devices, gadgets, and equipment to facilitate and enhance learning, and assessment tools
and instruments, to evaluate developmental domains and specific areas of concern to determine
appropriate services and placement decisions, with support and related services from medical,
health, and allied professionals for care, rehabilitation, and development of learners with disabilities;
(g) ILRC Personnel refer to all personnel who are considered qualified by the Department of
Education (DepEd) to administer special needs services as provided in this Act. These include, but
not limited to, guidance counselors, all persons who are qualified to teach sign language or Braille,
para-teachers, learning support aides, and other persons as may be qualified by the DepEd to
teach learners with disabilities in he ILRC, CDC, a resource room, or inside or outside a classroom;
(h) Individualized Education Plan (IEP) refers to the systematic, purposive, and developmental
educational programming of curricular and instructional priorities and contents designed to meet
the educational requirements of a learner with disability and ensure mastery learning of skills and
behaviors. It includes the services to be provided and the duration and frequency of such services,
describes the learner’s present level of performance, how the learner’s disabilities affect academic
performance, and specific accommodations and modifications. An IEP shall be designed to meet
the unique educational needs of a learner with disability who shall receive appropriate services,
have real opportunities for equality, and fully participate in the general education system and the
community. It shall likewise aim at developing the learner’s strengths and talents to achieve the
greatest possible self-sufficiency and independent living;
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(i) Instructional Materials for Learners with Disabilities refer to textbooks in Braille, large-type, audio,
digital or Filipino sigh language (FSL) materials for deaf, augmentative and alternative instructional
materials for learners with development disabilities, or any medium or apparatus that convey
information to learners with disabilities or otherwise contributes to the learning process;
(j) Learners with Disabilities refers to learners in general early and basic education system who
require additional support and related services and adoptive pedagogic method due to their long
or short-term physical, mental, intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in society on an equal basis with others to
develop them to their maximum capability;
(k) Learning Support Aides refer to qualified persons who work together in collaboration with
special needs education teachers and para-teachers as defined in this Act, and contribute to the
provision of services that promote achievement and progression of learners with disabilities. They
may include those persons with experience in caring for learners with disabilities, graduates of a
caregiving course under the Technical Educational and Skills Development Authority (TESDA) or its
accredited schools or training centers, and graduates of senior high school with caregiving as his
or her specialized subject;
(l) Multidisciplinary Team refers to a group of health and allied health professionals who, through
their specialized assessment, shall provide for the overall health and well-being of learners with
disabilities;
(m) Multi-year Roadmap refers to a document that shall serve as a guide to government agencies
and private stakeholders for the optimal realization of the objectives of this Act. It shall be part
of and aligned with the basic education roadmap as formulated by the DepEd. It shall likewise
contain the current policy, practices, gaps, and challenges affecting the early and basic education
of learners with disabilities, set detailed targets and outcomes for a minimum period of five (5)
years and provide the public and private stakeholders specific actions or interventions including
implementation and monitoring strategies and annual budgetary requirements. It shall be subject to
a periodic review and updating to determine its implementation status and ensure that the delivert
of services envisioned in this Act is sustained;
(n) Para-teachers refer to those who have taken the licensure examination for teachers but were
unable to qualify, and have been issued by the Board of Professional Teachers a special permit
indicating their area of assignment and their completion of training programs on special needs
education, or inclusive education to teach learners with disabilities in accordance with Republic
Act No. 9293, otherwise known as “An Act Amending Certain Sections of Republic Act Numbered
Seventy-Eight Hundred and Thirty Six (R.A. No. 7836), otherwise known as the “Philippine Teachers
Professionalization Act of 1994”;
(o) Private Sector Participation refers to all forms of indispensable, substantial and meaningful
participation of private individuals, partnerships, groups or entities, organizations of persons with
disabilities, community-based organizations or nongovernment organizations (NGOs), and business
and industry groups in the delivery f educational and rehabilitative services for learners with
disabilities;
(p) Related Services refer to provisions which include, but not limited to, linguistic solutions for
deaf learners’ concerns, speech-language pathology and audiology services, interpreting services,
intervenor services, psychological services, physical and occupational therapy, recreation,
social services, school health services, orientation and mobility services, medical services, and
transportation services, as may be required to assist a learner with disability to fully enjoy the rights
and benefits from education services;
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(q) Reasonable Accommodation refers to the necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a particular case,
to ensure learners with disabilities the enjoyment or exercise on an equal basis with others of all
human rights and fundamental freedoms including their right to quality education;
(r) Special Needs Educations refers to the customized instructional program or service designed
to meet the diverse needs of an individual with disability, which may necessitate supplementary
aids and services and teaching strategies in the classroom or non-academic settings. They include
instructions on physical and vocational education, social skills development, and basic survival needs,
and providing reasonable accommodations, modifications, adaptations, and individualization, as
needed. It includes learners with disabilities in the general education system to enable them to
realize their full potential and prepare them as independent functioning members of society. The
term “Special Needs Education” shall replace the term “Special Education (SPED)”;
(s) Special Needs education Teacher refers to an individual who teaches academic and life skills
to basic education learners who have a range of disabilities and learning difficulties using various
strategies targeting the learners’ holistic development. A special needs education teacher works
in partnership with a general education teacher in planning, teaching and providing support to
learners with disabilities. He or she has a degree in any of the following: Bachelor of Special Needs
Education, Bachelor of Elementary or Secondary Education with Specialization in Special Needs
Education, or Allied Undergraduate and Graduate degrees with eighteen (18) units in Special Needs
Education, and is qualified to teach Special Needs Education as provided in existing rules and
regulation of the DepEd.
(t) Support Services refer to services provided to learners with disabilities by the ILRCs, schools,
other facilities, group of medical and allied medical professionals or by the community in general
that facilitate, aid, and support the early and basic education of learners with disabilities in the
potential toward self-sufficiency and become fully participative members of society. These include
related services as defined herein;
(u) Universal Design as defined in the “United Nations Convention on the Rights of Persons with
Disabilities”, refers to to the design of product, environments, programs, and services to be usable
by all people, to the greatest extent possible, without the need for adaptation or specialized
design. “Universal design” shall not exclude assistive devices for particular groups of persons with
disabilities where this is needed; and
(v) Universal Design for Learning (UDL) refers to a scientifically valid framework for guiding
educational practice that:
(1) Provides flexibility in the way information is presented, students respond or demonstrate
knowledge and skills, and their engagement; and
(2) Reduces barriers in instruction, provides appropriate accommodations, support mental

and physical challenges, and maintain high achievement expectations for all students,
including learners with disabilities.
It also refers to a set of principles that guides the design of inclusive classroom instruction and
accessible course materials. The three (3) principles of UDL are:
(i) Recognition - refers to multiple methods of representation that give learners a variety of
ways to acquire information and build knowledge;
(ii) Strategic Learning - refers to multiple means of student action and expression that
provide learners, alternative modes for demonstration what they have learned; and
(iii) Affective Learning - refers to multiple modes of student engagement that tap into
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learners interests, challenge them appropriately, and motivate them to learn.
SECTION 5. Inclusion Policy for Learners with Disabilities in Public and Private Schools. - The policy
of inclusion is hereby instituted in all early and basic education schools, both public and private. All schools,
whether public or private, shall ensure equitable access to quality education to every learner with disability,
such that no learner shall be denied admission on the basis of disability.
For this purpose, the implementing rules and regulations shall provide the minimum services and
conditions that must be included in the admissions systems and policies of all school, including, but not
limited to, the provision of assistive devices, facilities and infrastructure in the admission process, and other
forms of reasonable accommodation.
All learners with disabilities, whether enrolled in public or private schools, shall be accorded services
and reasonable accommodation based on the IEP and shall have the right to avail of the appropriate
support and related services under Section 7 of this Act.
SECTION 6. Establishment of ILRCs. - The DepEd, in collaboration with local government units (LGUs),
shall initially establish and maintain at least one (1) ILRC in all cities and municipalities: Provided, That in cities
and municipalities requiring the establishment of such ILRCs shall be established based on the multi-year
roadmap, or as resources may allow. All existing SPEC Centers shall be converted to and renamed as
“Inclusive Learning Resource Center”.
The LGUs may establish satellite ILRCs in schools, the operations and maintenance of which shall
be included in the School Improvement Plan (SIP). The SIP refers to a roadmap that lay down the school’s
specific interventions and solutions to corresponding identified priority improvement areas and aims to
improve the three (3) key result areas in basic education: access, quality, and governance.
Private early or basic education schools may likewise establish additional facilities needed
for the education of learners with disabilities in coordination with ILRCs within their cities or
municipalities: Provided, That the DepEd shall provide the minimum standards for compliance to be
considered an ILRC: Provided, further, That the DepEd shall provide non-monetary incentives, such as seal
of excellence awards scheme to LGUs and schools to encourage the establishment and maintenance of
better ILRC services and facilities.
All ILRCs and the additional facilities established pursuant to this Act shall comply with the
requirements of Batas Pambansa Blg. 344, otherwise known as the “Accessibility Law” and adopt the
universal design and UDL concepts as defined as Section 4(u) and (v) hereof.
SECTION 7. Functions of the ILRC. - The ILRC shall deliver free support and related services towards
the fulfillment of the goals of inclusive education. It shall:
(a) implement the CFS to ensure that all learners with disabilities who are not receiving early and
basic education services are identified, located, and evaluated, and facilitate their inclusion into the
general education system;
(b) utilize the expertise of a multi-disciplinary team to conduct educational assessments and
diagnoses of learners with disabilities, to identify specific developmental areas of concern and
determine appropriate services and placement options for the preparation of their IEPs;
(c) spearhead the preparation, implementation, and review of the IEP;
(d) provide appropriate support and related services, including school-based trainings to learners
with disabilities and their diverse needs for their inclusion in the general education system;
(e) produce and ensure the availability of appropriate teaching and instructional materials for
learners with disabilities;
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(f) provide and facilitate consultative mechanism, counseling, technical assistance, and training to
general basic education teachers, administrators, CDC child development workers and teachers,
non-teaching personnel, parents, care providers, guardians, or other family members on the the
education of learners with disabilities;
(g) establish a referral system that shall provide and organize multidisciplinary services needed by
learners with disabilities and their families to mobilize community resources;
(h) monitor and ensure that learners with disabilities within the city or municipality or school district
receive the appropriate services needed, including, but not limited to, FSL interpreting;
(i) deliver such services under the ILRC’s alternative educational programs, early intervention
program, and transition program among others;
Alternative Educational Programs refer to the programs provided to learners with disabilities who
are not able to attend school due to the severity of their disabilities or other circumstances, or
both. The range of alternative educational programs or placements may include, but not limited to,
home-based, hospital-based or community-based instruction.
Early Intervention Program refers to any form of educational program, therapy, treatment,
nutritional intervention or family support designed to reduce the effects of disabilities or prevent
the occurrence of learning and development problems, or both, later in the life of the children from
birth to five (5) years presumed to be at risk for such problems.
Transition Program refers to a coordinated set of courses and activities for learners with disabilities
that is:
(1) designated within an outcome-oriented process, which promotes movement from

school to post-school activities that include post-secondary education, vocational training,
integrated employment, supported employment, continuing and adult education, adult
services, independent living, or community participation; and
(2) based upon the individual learner’s needs, taking into account the learner’s preferences
and interests; and includes instruction, related services, and community experiences.
(j) initiate the implementation of research-based innovative approaches, and adopt or replicate
best practices in providing educational or support and related services to learners with disabilities;
(k) orient the LGUs served by the ILRCs on the diverse needs and potentials of learners with
disabilities;
(l) familiarize the ILRC and its personnel with the city or municipality they serve, and the diverse
needs and potentials of learners with disabilities;
(m) provide access to auxiliary aids and services that are non-educational, but which enhance the
education process for the learners with disabilities. These shall include, but not limited to:
(1) Language and speech therapy, occupational therapy, physical and physiotherapy, among
other modes of treatment, through a multidisciplinary team;
(2) Quality reading and writing materials, especially Braille materials for learners with visual
impairments, or other effective methods of delivering communication materials;
(3) Acquisition and adaptation of equipment or devices;
(4) Provision of consultation for creating appropriate and reasonable accommodation in the
classroom, among others;
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(5) Provision of qualified sign language interpreters for deaf learners;
(6) Assistance and monitoring in the transfer, or admission of eligible learners with disabilities
to post-secondary or tertiary educational institutions; and
(7) Other similar services and actions or all types of aids and services that facilitate the
learning process of learners with disabilities; and
(n) perform other functions as may be necessary in providing and facilitating the provision of
support and related services to learners with disabilities.
The ILRC may also provide the same services to all other learners, including learnerd with disabilities
under the ALS Program, as identified by school officials and teachers, parents, guardians, or the learners
themselves.
SECTION 8. Hiring of ILRC Personnel; Functions. - In addition to teachers with special training, special
needs education teachers, para-teachers, learning support aides, licensed social worker, and other allied
professionals with the knowledge, skills, and special training in interacting and dealing with learners with
disabilities, the DepEd shall hire the necessary personnel and support staff, including qualified persons with
disabilities, to operate, administer, and oversee the ILRC.
Each ILRC shall have an ILRC Supervisor and a multidisciplinary team, and supported by mobile
teachers, a mobile multidisciplinary team, and supported by mobile teachers, a mobile multidisciplinary
team, and para-teachers wherever necessary. They shall have the following functions:
(a) Supervisor.- The Supervisor shall:
(1) administer and supervise the ILRC Programs and oversee its other components;
(2) monitor and supervise the provision of technical assistance, training, and enhancement
programs of the ILRC personnel;
(3) prepare reports regularly on the operations of the ILRC to include the progress of learners
with disabilities, and submit the same to the Secretary of the Department of Education
(Secretary) through the Schools Division Office.
(4) ensure the performance of the functions of the ILRC and the implementation of the
objectives of this Act; and
(5) perform such other related functions as may be provided in the Implementing Rules and
Regulations (IRR).
(b) Multidisciplinary Team.- The multidisciplinary team shall prepare, the IEPs of all learners
with disabilities based on the tram’s assessments and diagnoses, monitor, and evaluate the
implementation of the IEP, and ensure that learners with disabilities are included within the general
education system by appropriate and qualified personnel as close as possible to their homes and
and alongside their age-appropriate peer groups with or without disabilities.
The multidisciplinary team shall be composed of any or all of the following professionals and
specialists, as may be necessary:
(1) Educational Psychologist;
(2) Guidance Counselor;
(3) Psychometrician;
(4) Developmental Pediatrician;
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(5) Neurological Psychiatrist;
(6) Physical Therapist;
(7) Occupational Therapist;
(8) Speech and Language Therapist or Speech Correction Teacher;
(9) Speech Language Pathologist;
(10) Reading Specialist;
(11) Specialist for Braille and other augmentative and alternative modes of communication;
(12) FSL Specialist;
(13) FSL Interpreter;
(14) Sign Communication or Visual Specialist;
(15) Special needs teacher, who shall be the lead interventionist and implementor of the IEP;
and
(16) ILRC Supervisor.
The school head for school-based ILRC and the general educational teachers are likewise members
of the multidisciplinary team.
(c) Mobile Teachers. - Mobile teachers shall be hired, unless the ILRC Supervisor deems otherwise.
Their principal task is to assist in the CFS and determine appropriate learning modalities using the
services of the ILRC. They shall likewise share responsibility with the multidisciplinary team for
planning and scheduling, assist isolated or remote schools with specialized equipment, individuals
programs, curriculum adjustment, and teaching aids, and perform other related functions. Mobile
teachers shall either be special needs teachers or teachers who have finished the necessary training
programs on special needs education to be provided by the DepEd.
(d) Mobile Multidisciplinary Team. - At least one (1) mobile multidisciplinary team in every municipality
and city, or schools district with an existing ILRC, shall be organized as determined by the ILRC
Supervisor. The team members shall serve as mobile consultants of the schools, the ILRCs and the
LGUs. They may be drawn from professional organizations based in the region or nearby regions
where the division is based. It shall be composed of necessary professionals and specialists in the
multidisciplinary team as stated in paragraph (b) of this section. The mobile multidisciplinary team
shall be prioritized for deployment to efficiently reach as many LGUs as possible. Pursuant to this, the
DepEd, in consultation with the Advisory Committee for the Education of Learners with Disabilities
under Section 15 hereof, and appropriate professional organizations, shall consider various programs
to allow allied medical professionals in relevant field to join the mobile multidisciplinary teams.
(e) Para-teachers. - Para-teachers. - Para-teachers shall be hired and assigned to areas where there is
a shortage or absence of a special needs teacher, as identified and provided by the DepEd. They shall
perform the same tasks as special needs teachers within their areas of assignment: Provided, That
they shall have completed the necessary training programs on inclusive education to teach learners
with disabilities prior to the performance of their tasks: Provided, further, That the completion of
such training programs shall be indicated in the special permit.
After the expiration of their special permits, para-teachers shall be prioritized for employment as
learning support aides, or for other plantilla positions suitable to their qualifications within the ILRC in order
to utilize their experience. The DepEd shall provide opportunities for para-teachers to further develop their
skills in special needs education.
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To ensure the effective implementation of this Act, the DepEd, Department of Health (DOH), and
Department of Social Welfare and Development (DSWD) may hire other necessary personnel and support
staff for the ILRC such as learning support aides.
SECTION 9. Remuneration, Benefits, and Incentives for ILRC Personnel and Staff. - The salary
grades, remuneration, benefits and incentives of the ILRC Supervisors, teachers, and other personnel shall
be in accordance with the Revised Compensation and Position Classification System and other civil service
rules and regulations.
The DepEd shall endeavor to attract the best available and qualified teaching staff and talents
through adequate remuneration, benefits, scholarship and training grants, teacher exchange programs,
incentives and allowances, and other means of securing their job satisfaction and tenure in their respective
posts. A similar program shall be designed for workers and health service professionals or workers involved
in the educations, health and rehabilitation of learners with disabilities.
SECTION 10. Scholarship Program and Service Obligation. - The DepEd in collaboration with the
Commission on Higher Education (CHED), shall develop a scholarship program for in-service teachers who
shall take courses or the required master’s degree units on special needs education, inclusive education,
or other related courses to equip them with knowledge on policies, principles, and pedagogies on inclusive
education. The grantees shall be required to fulfill an obligation to return service in the DepEd.
The DepEd shall take into consideration the personnel requirement for the incentive education of
learners with disabilities at the regional level as indicated in the multi-year roadmap.
SECTION 11. Pre-Service Education and In-Service Training. - The DepEd shall collaborative with the
CHED to ensure that teacher educations institutions offering bachelor of elementary or secondary education
degrees include in the curriculum courses on inclusive education which are updated and responsive to the
diverse needs of learners with disabilities.
In order to adequately provide the needed personnel for the implementation of this Act, the CHED,
TESDA, and DepEd shall closely coordinate and effectively implement programs necessary to support the
continuing education of DepEd personnel including a unified system for ladderized education, which shall
have a mechanism for conversion of career experience into education degree credits. This shall include
programs for transitions and progressions for teaching and non-teaching personnel, such as, but not limited
to, programs for an educations degree graduate to become a special needs education teacher, and a
psychology degree graduate to become a guidance counselor: Provided, That they shall pass the required
licensure examinations or were issued the required certifications.
The DepEd shall also collaborate with relevant partners in the government, the academe, and the
private sector to develop and conduct appropriate training programs, advanced seminars, and workshops
on disability for all in-service teachers, which may include those in private schools, to upgrade their skills
and develop new professional competencies and enhance the services for learners with disabilities.
The Professional Regulation Commission shall ensure that a separate field of specialization on
special needs education and inclusive education shall be incorporated in the licensure examination for
teachers.
At least one (1) teacher education institution from Luzon, Visayas, and Mindanao, and in Metro Manila,
Metro Cebu and Metro Davao shall be established as a Center of Excellence in special needs education.
SECTION 12. IEP Preparation and Review. - With the active participation of the special needs
teachers, in collaboration with the multidisciplinary team and with the consent of the parents or guardian
of the learners with disabilities and the learners with disabilities themselves, when appropriate, IEPs for all
learners with disabilities who require specially designed instruction and educational support services and
programs shall be prepared by the schools, the CDCs, and the ILRCs.
The IEPs shall be based on the educational assessment and diagnosis of the learners with disabilities
by the multidisciplinary team and other relevant specialists. The parents or guardians of the learners with
disabilities shall be given a copy of the IEP.
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The IEP shall likewise be subject to an annual review or at such other period as may be determined
by the multidisciplinary team, which shall not be later than one (1) year from its implementation to assess
the progress of learners with disabilities, and revise the plan when necessary.
An IEP review shall likewise be conducted upon the request of the parents or the school for its
early review if there is a determination that such review is necessary. The result of the IEP review or the
necessary of revising the same shall be communicated with the parents or guardian of the learners with
disabilities and the learners with disabilities themselves, when appropriate.
SECTION 13. Inter-Agency Coordinating Council for Learners with Disabilities. - For purposes of
policy integration, harmonization, and coordination of functions, there is hereby created an Inter-Agency
Coordinating Council for Learners with Disabilities (IACC).
The IACC shall be composed of the following officials or their duly authorized representatives, up
to the level of Assistant Secretary or its equivalent:
(a) DepEd Secretary, as Chairperson;
(b) DOH Secretary, as Co-Chairperson;
(c) DSWD Secretary, as Co-Chairperson;
(d) Department of Public Works and Highways (DPWH) Secretary;
(e) Department of the Interior and Local Government (DILG) Secretary;
(f) Department of Finance (DOF) Secretary; and
(g) National Council on Disability Affairs (NCDA) Executive Director.
The IACC may call upon other implementing national government agencies as may be necessary.
The IACC shall perform the following functions:
(a) Ensure that all government and private organizations involved are effectively implementing the
provisions of this Act by conducting a quarterly on the performance of their respective roles and
responsibilities;
(b) Ensure the formulation of a national policy on inclusive education;
(c) Ensure the preparation and regularly review a multi-year roadmap, supported by annual work
and financial plans, for the effective implementation of this Act;
(d) Develop policy guidelines and effective mechanism to ensure the implementation and
enforcement of existing laws for learners with disabilities that contribute to their educational,
physical, and psychosocial well-being;
(e) Create appropriate and coordinated programs in health and related physiological health services,
multidisciplinary domains, transportation and access for learners with disabilities;
(f) Act as catalyst of change and source of information for the benefit of all learners;
(g) Constitute and authorize groups of experts on the education of learners with disabilities to
conduct an annual audit to determine the compliance of the ILRCs on their operations; and
(h) Coordinate with the Bureau of Learning Delivery (BLD) and the LGUs to ensure the establishment
of ILRCs.
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The Council shall regularly convene at least once every quarter. The Council Chairperson may call a special
meeting whenever necessary: Provided, That members are notified in writing at least three (3) days prior
to the said meeting.
SECTION 14. The Bureau of Learning Delivery. - The Bureau of Learning Delivery of the DepEd shall
implement the provisions of this Act. It shall:
(a) Serve as the Secretariat of the IACC for purpose of coordinating the functions and meetings of
the IACC;
(b) Coordinate with other national government agencies and offices as implementing partner
agencies through an effective mechanism for the proper implementation and enforcement of this
Act and other existing laws for learners with disabilities;
(c) In consultation with Advisory Committee for Education of Learners with Disabilities created
pursuant to this Act, other implementing partner agencies and stakeholders, formulate and adopt
a national policy on inclusive education and prepare and regularly update a multi-year roadmap,
supported by annual work and financial plans, for the effective implementation of this Act;
(d) Participate in the development and implementation of an efficient and effective CFS in
collaboration with the LGUs, the ILRCs, the Early Childhood Care and Development (ECCD) Council,
and organizations of persons with disabilities;
(e) Formulate and implement policies and standards for the use of learning delivery modalities for
learners with disabilities, including the training on distance education of their general education
teachers, special needs teachers, para-teachers, and other persons as may be qualified by the
DepEd to teach learners with disabilities;
(f) Supervise, monitor, evaluate, and assess the compliance, operations and performance of the
schools and the ILRCs and their personnel pursuant to this Act, including the assessment for the
need of additional ILRCs in schools districts and regularly submit reports thereon to the IACC;
(g) Maintain a system for identification, referral, and intervention for learners with disabilities initiated
by the DepEd in coordination with the ECCD Council and other relevant stakeholders;
(h) In coordination with a multi-disciplinary team and the Advisory Committee for Education of
Learners with Disabilities, develop the IEP framework and the guidelines for its preparation, and
evaluate fundamental changes both in educational practice and the design of educational services
for inclusion of learners with disabilities in the general education system; and
(i) Perform such other necessary functions that the Secretary and the IACC may assign for the
effective and efficient implementation of this Act.
SECTION 15. Progressive Realization of Inclusive Education. - The multi-year roadmap as provided in
Section 14(c) of this Act shall be crafted to ensure the timely compliance of the implementation of this Act,
and the progressive realization of inclusive education.
Towards this end, the multi-year roadmap shall provide targets for the following, such as, but not
limited to the:
(a) Conversion of existing SPEC Centers to ILRCs, giving priority to those handling the most number
of learners with disabilities;
(b) Creation of ILRCs in cities and municipalities without existing SPED Centers, giving priority to
those cities and municipalities with the most number of learners with disabilities: Provided, That in
cities and municipalities requiring the establishment of such ILRCs in every schools district, such
ILRCs shall be established based on the multi-year roadmap, or as resources may alow;
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(c) Creation of plantilla positions for ILRC personnel and staff, with consideration for career
progression, in accordance with Section 8 of this Act; and
(d) Creation of plantilla positions for teaching and non-teaching personnel needed for the
implementation of this Act.
The DepEd shall submit the funding requirements, with its corresponding annual targets for the
implementation of the roadmap to the Department of Budget and Management (DBM) and other concerned
agencies for the determination of appropriate budgetary allocation and inclusion under the yearly national
expenditure program of the government.
SECTION 16. Advisory Committee for Education of Learners with Disabilities. - An Advisory Committee
for Education of Learners with Disabilities (Committee), which shall be composed of representatives from
various disability sectors and a representative from the academe, is hereby created.
The Committee, which shall directly coordinate and collaborate with the Secretary, shall have the
following powers and functions:
(a) Represent learners with disabilities and their respective organizations, and participate in
consultative meetings of the DepEd and other organizations of persons with disabilities in the
formulation of policies, plans, and strategies, educational programs, rules and regulations, guidelines,
or regulatory changes on the education of learners with disabilities;
(b) Conduct research and policy studies on inclusive education and other matters related to the
education of learners with disabilities;
(c) Participate in crafting, amending evaluating, or updating the roadmap referred to in Section 14
of this Act;
(d) Subject to compliance with the provisions of Republic Act No. 10173 or the “Data Privacy Act of
2012”, gather, consolidate, or interpret relevant data on the education of learners with disabilities,
and prepare the necessary report for the Secretary;
(e) For purposes of assessment, monitor the delivery of services for learners with disabilities as
provided in this Act;
(f) Review existing and recommend new legislation to promote the educational welfare, and physical
and psychosocial well-being of learners with disabilities; and
(g) Perform other similar functions as may be necessary.
Subject to prior consultation with organizations of persons with disabilities, other NGOs and relevant
stakeholders regarding the composition of the Committee and the qualification and terms of office of the
members, the DepEd, within sixty (60) days from the effectivity of this Act, shall issue the necessary orders
on the creation and composition of the Committee, and direct the Department, bureaus, ans its attached
agencies to extend the necessary assistance and cooperation to the Committee in the performance of its
functions. The composition of the Committee and the qualifications and terms of office of its members shall
be stated in the IRR of this Act.
The Committee is independent from the DepEd and its members shall not be entitled to any
compensation in the performance of their functions.
SECTION 17. Learner Information System. - The DepEd, through its Information and Communications
Technology Service, shall maintain and regularly update a secure Learner Information System (LIS). It shall
contain and store relevant disaggregated data of learners with disabilities such as, but not limited to,
their personal information, socio-economic profiles, IEP, performance, educational progress, and relevant
medical records. The LIS shall likewise include information on existing ILRCs, status of delivery of services,
list of public and private partners, and other relevant information that may be identified by the DepEd.
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Subject to the accessibility and security guidelines to be included in the IRR of this Act, the LIS shall
be linked to the CFS of the LGUs, the ECCD Council, and to the information systems of other implementing
partner agencies. Access to data by said agencies shall be limited to such data that are relevant to their
roles and functions.
All implementing partners, public and private, and their personnel, teachers, and third party service
providers shall ensure compliance with the provisions of Republic Act No. 10173.
SECTION 18. Continuing Research to Identify the Needs of Learners with Disabilities. - The DepEd,
through the Advisory Committee, by itself or in collaboration with relevant national government agencies
and the private sector, shall undertake continuing research to identify and design strategies and programs
that shall meet the diverse needs of learners with disabilities. Such continuing research shall also be used
to develop instructional techniques and materials for use by the ILRCs towards improving the acquisition
of skills by learners with disabilities for their transition to independent living, technical vocational training
or competitive skills development, and to design holistic programs for all schools and ILRCs to enhance the
potential of the learners with disabilities to participate and be integrated into community life.
SECTION 19. Learner Assistance. - The DepEd, DSWD, Department of Labor and Employment
(DOLE), NCDA, and the LGUs shall develop programs to support the financial, educational and accessibility
needs of all learners with disabilities, particularly the economically disadvantaged learners with disabilities,
as envisioned in Republic Act No. 8425, otherwise known as the “Social Reform and Poverty Alleviation
Act”.
The benefits accorded by Republic Act No. 6728, otherwise known as the “Government Assistance
to Students and Teachers in Private Education Act”, as amended, shall likewise be extended to eligible
learners with disabilities based on the criteria under the said law on academic qualifications and financial
needs, among others.
SECTION 20. Sports, Recreation and Artistic Opportunities. - The DepEd shall establish opportunities
for the safe, wholesome, interactive individual as well as group sports, recreation, artistic, and social
activities of learners with disabilities, optimal use of leisure hours and advancement of physical, mental,
social and cultural development.
SECTION 21. Instructional Materials for Learners with Disabilities. - Publishers shall grant the DepEd
the authority to transcribe adopted instructional materials into accessible format which include, but not
limited to, Braille, large-print format, electronic, non-print, or multimedia format for learners who are blind,
visually impaired or otherwise print disabled, without penalty or payment of royalty as provided in Republic
Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”, as amended. The
publishers of a newly adopted instructional material shall provide, not later than the second working day
after the adoption of a textbook title by the DepEd, the digital copy in accessible format of such materials
for the purpose of producing their accessible versions for learners with disabilities.
The accessible versions shall be produced by the DepEd or by non-profit accessible book producers
which shall indicate the copyright owner and the date of the original publication, and shall be copied and
distributed without cost to either the learners with disabilities or their teachers-in-charge for instructional
purposes. Production of instructional materials for learners with disabilities shall be in compliance with the
“Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired,
or Otherwise Print Disabled”, international and local laws, as well as rules and regulations issued by the
appropriate government agencies.
SECTION 22. Family Members, Guardians, and Care Providers’ Education and Roles. - Formal
trainings, orientations, and counseling programs for parents, other family members, guardians, and care
providers of learners with disabilities shall be developed and initiated by the DepEd, and implemented
in coordinated with the LGUs, DSWD, ECCD Council, and the private sector. These programs shall equip
and provide them with awareness and understanding of inclusive education such as the rights, privileges,
benefits, and diverse needs of learners with disabilities. These shall likewise set their essential roles
as partners in educating learners with disabilities, so as to maximize their knowledge and skills to fully
participate in developing the potentials of learners with disabilities.
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For this purpose, parents, guardians, or other family members should also be apprised of procedural
safeguards and processes to resolve disputes and complaints to protect the educational rights of learners
with disabilities, as well as of their rights to actively participate and be involved in all aspects and stages of
the latter’s education as provided in this Act.
SECTION 23. Incentives for Private Sector Participation. - Partnership between government and the
private sector catering to the diverse needs of learners with disabilities shall be encouraged. Any donation
from the private sector in favor of the DepEd for the provision of the necessary educational assistance,
facilities, materials, and other appropriate support and related services for learners with disabilities shall be
entitled to the benefits and incentives provided under Section 5 of Republic Act No. 8525, otherwise known
as the “Adopt-A-School Act of 1998”, allowing for additional deduction from the gross income equivalent
to fifty percent (50% of such expenses notwithstanding the provisions of existing laws to the contrary.
Valuation of assistance other than money shall be based on the acquisition cost of the property taking into
consideration the depreciated value of the property in case said property has already been used. They
may also be entitled to the benefits of the first paragraph of Section 6 of the said law.
The entitlement to such incentives shall be subject to the guidelines and minimum standards to be
formulated by the DepEd.
SECTION 24. Responsibility of Government Agencies. - For purposes of this Act, the different
agencies shall have the following roles:
(a) DepEd - The DepEd shall be the lead agency in the implementation of this Act and shall ensure
that learners with disabilities are guaranteed their right of access to free public early and basic
education services.
(b) DOH - The DOH shall provide learners with disabilities with healthcare needs services such as
child mental health service, health plans, oral health care, and family-to-family health information
and education, advocacy organizations and other community organizations serving learners with
disabilities and their families. It shall likewise coordinate with the ILRC for the services of Barangay
Health Workers.
Due to the importance of integrating primacy care with mental health services, the DOH shall
collaborate with the National Nutrition Council and the ECCD in the provision of inclusive health and
nutrition services for the implementation of this Act.
(c) DSWD - The DSWD shall be responsible for the effective management and provision of social
and welfare services, including auxiliary social services, for learners with disabilities based on their
assessed needs, subject to its prescribed guidelines. It shall likewise coordinate with the DepEd and
the DOH for the detail of necessary DSWD personnel to the ILRC.
(d) DPWH - The DPWH shall prescribe the proper physical indoor and outdoor set-up of the ILRC
and ensure that the ILRC, roads, sidewalks, ramps, railings, and the like shall be constructed, built,
and maintained in accordance with Batas Pambansa Blg. 344, otherwise known as the “Accessibility
Law”, and universal design concepts to ensure their accessibility and the mobility of learners with
disabilities.
(e) DOLE, TESDA, and Public Employment Service Office (PESO) - The DOLE shall coordinate with
the DepEd in developing a training program for the learners with disabilities’ transition from school
to work and provide to the ILRC current market analysis and job coaching sessions before and
during their employment. The DOLE, TESDA and PESO shall facilitate job placements. The TESDA
shall provide technical and vocational training when necessary. The PESO, on the other hand, shall
conduct employability enhancement seminars, provide pre-employment counseling and orientation,
and offer programs and activities on employment assistance pursuant to Republic Act No. 8759,
otherwise known as the “Public Employment Service Office Act of 1999”, as amended.
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The DOLE, TESDA, and PESO shall lead the promotion of inclusion of learners with disabilities among
public and private institutions and comply with the requirements set forth under Republic Act No.
7277, otherwise known as the “Magna Carta for Disabled Persons”, as amended by Republic Act No.
10524. They shall likewise disseminate materials and conduct orientation and information campaign
concerning effective practices in working with and training learners with disabilities.
(f) DILG - The DILG, in consultation with the DepEd, LGUs and other relevant agencies and
stakeholders, shall promulgate the policies and guidelines relevant to the implementation of this
Act by the LGUs.
(g) LGUs - The LGUs shall also perform the following functions and responsibilities:
(1) Partner with public or private volunteers and local or international private organizations,
duly recognized and accredited by appropriate government office, for technical guidance
and information dissemination campaigns and funding support to augment the funding for
the services pertaining to this Act;
(2) Participate in all efforts concerning inclusion of learners with disabilities in the general
education system, health services, transport services, and other social and welfare services;
(3) Adopt measures to raise awareness in the community to respond to the needs of
learners with disabilities;
(4) Enact appropriate ordinances to implement the LGU’s role in this Act; and
(5) Coordinate and share the responsibility with national government agencies and other
stakeholders for the implementation, regulation, enforcement and monitoring of the
provisions of this Act within their territorial jurisdiction, including CFS.
Notwithstanding the provisions of Sections 235 and 272 of Republic Act No. 7160, otherwise
known as the “Local Government Code of 1991”, the Local School Boards shall be authorized
to set aside a portion of the proceeds of the Special Education Fund to supplement the
funds of the DepEd and other implementing partner agencies for the delivery of support
and related services for learners with disabilities to include, but not limited to, any of the
following:
(i) Provision of sites, buildings or centers where there are no existing school facilities
that may be used for purposes of this Act;
(ii) Provision of assistive devices, instructional materials and teacher’s training;
(iii) Delivery of health and nutrition services and interventions and educational
assessment programs for learners with disabilities in their respective localities that
shall be initiated by the DOH and DepEd, respectively; and
(iv) Provision of trainings on livelihood and entrepreneurial skills, in coordination with

DOLE and TESDA.
(h) Barangays - The barangays shall coordinate with the Persons with Disability Affairs Office (PDAO)
established under Republic Act No. 7277, as amended by Republic Act No. 10070, in their respective
cities and municipalities for the assistance that they may provide for learners with disabilities, their
parents or guardians, care providers, and other family members on matters affecting the education
and provision of services to learners with disabilities as provided in this Act.
A barangay may seek assistance from the ILRC in its area to facilitate the proper training of barangay
help desk personnel to perfrom their functions under this section. The ILRC shall likewise ensure
that necessary information and materials on the rights of learners with disabilities under this Act
and other existing laws are provided to the barangays.
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SECTION 25. Protection of Learners with Disabilities. - The Secretary shall issue policies and
guidelines for implementation at all governance levels of DepEd to protect the learners with disabilities
within the ILRC and school premises against neglect, abuse, cruelty or exploitation, bullying,discrimination,
and other acts or conditions prejudicial to their physical and psychosocial well-being and development
as provided in this Act, Republic Act No. 7277, as amended, Republic Act No. 10627 or the “Anti-Bullying
Act of 2013”, Republic Act No. 7610 or the “Special Protection of Children Against Abuse, Exploitation and
Discrimination Act”, and other existing laws.
SECTION 26. Procedural Safeguards. - The DepEd shall establish and maintain procedures to
ensure that learners with disabilities and their parents or guardians are guaranteed procedural safeguards
for the enforcement and protection of their rights under this Act, including the provision of free and
appropriate public education. Procedural safeguards shall include the creation of policies, procedures, and
other administrative approaches which include, but not limited to, the rights of the learners with disabilities
or their parents or guardians to be informed in their mother tongue, and be served written notice on
matters affecting the education of the learners with disabilities; the right to confidentiality of personal
identifiable information including the right of parents to written notice and written consent to the exchange
of such information among agencies. This shall also include the opportunity for the learners with disabilities
themselves, their parents or guardians to examine all related records and to participate in meetings with
respect to the identification, evaluation , educational placement, and provision of education programs to
learners with disabilities.
The DepEd shall likewise ensure the speedy and timely administrative resolution of complaints filed
by learners with disabilities, their parents, guardians, care providers, or other immediate family members,
which shall be promptly acted upon and resolved not later than thirty (30) calendar days from receipt of
the complaint. Any private school, government official, and employee, and CDC or ILRC personnel who shall
cause any undue delay and fail to comply with the said prescribed period shall be held administratively
liable.
SECTION 27. Public Information, Education and Communication. - A nationwide information

dissemination campaign on the rights of learners with disabilities under this Act and other existing laws,
prevention, early identification, assessment of a disabling condition and strategy intervention programs
for learners with disabilities shall be intensified and jointly conducted by the DepEd and the Philippine
Information Agency.
All information dissemination campaign materials shall be in accessible formats which include, but
not limited to, Braille, large-print format, electronic, non-print, or multimedia format.
SECTION 28. Administrative Sanctions. - The DepEd and other implementing agencies shall ensure
compliance with the provisions of this Act. Any private school, government official, and employee, and
CDC or ILRC personnel who shall violate or fail to comply with any provision of this Act shall be dealt with
administratively.
SECTION 29. Transitory Provision. - All public and private basic educational institutions and the
ILRCs shall be given a period of not more than five (5) years from the effectivity of this Act to comply with
its provisions and requirements.
Pending the establishment of the ILRCs and the full implementation of the multi-year roadmap as
provided in this Act, cities and municipalities may share one (1) ILRC, as may be necessary.
Upon the effectivity of this Act, the DepEd shall conduct an evaluation of all schools to determine
their readiness in delivering services for learners with disabilities, including a general assessment on the
number and condition of every learner with disability, as well a s the resources and personnel they need
within the five (5)-year period: Provided, That the DepEd shall coordinate with CHED to ensure the supply
of qualified professionals through recruitment of student sin the appropriate courses and ensure their
seamless progression from higher education to employment, taking into consideration the demand for
such personnel in the multi-year roadmap as provided in this Act.
72
The DepEd and the CHED, in coordination with the DBM and the Civil Service Commission, shall
likewise ensure that the necessary changes or adjustments in the plantilla items are reflected in the Revised
Compensation and Position Classification System and other relevant existing rules and regulations.
SECTION 30. Program Support Budget (PSB). - To ensure the institutionalization of services for
learners with disabilities, a PSB for learners with disabilities shall be included as a line item in the General
Appropriations of the DepEd to guarantee the implementation of the provisions of this Act, including the
following:
(a) Implementation of the Child Find System;
(b) Hiring of specialists for the diagnosis and assessment of learners with disabilities and the
prescription of appropriate intervention;
(c) To defray expenses in the delivery of related services as stated in Section 4, subparagraph
(p) of this Act, such as transportation and various developmental, corrective and other support
services; and
(d) Purchase of assistive devices, equipment, learning materials and other needed resources to
deliver services effectively.
The PSB for learners with disabilities shall be used solely for the delivery of services for learners
with disabilities and for the performance of the functions of ILRCs and the IACC.
SECTION 31. Appropriations. - The amount necessary for the implementation of this Act shall be
charged against those authorized in the current appropriations of the DepEd, DOH, DSWD, DPWH and
other implementing partner agencies as provided in this Act. Thereafter, the amount necessary for its
continued implementation shall be included in their respective budgetary allocations as separate line items
in the annual General Appropriations Act.
SECTION 32. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of
this Act, the DepEd, in consultation with the DSWD, the DOH and other concerned government agencies
and education stakeholders, shall issue the rules and regulations implementing the provisions of this Act.
The IRR issued pursuant to this section shall take effect thirty (30) days after its publication in a newspaper
of general circulation.
Copies of the IRR and the roadmap referred to in Section 14 shall be transmitted to the Chairperson
of the Committees on Basic Education of both Houses of Congress not later than six (6) months and one
(1) year, respectively, from the effectivity of this Act.
SECTION 33. Joint Congressional Oversight Committee (JCOC) on Inclusive Education; Mandatory
Annual Review; Impact Assessment; Report. - There is hereby created a JCOC to oversee, monitor and
evaluate the implementation of this Act. The JCOC shall be composed of five (5) members each from the
Senate and the House of Representatives with the Chairperson of the Committees on Basic Education of
both Houses as Co-Chairperson. The Chairpersons of the Committees on Higher and Technical Education
of both Houses shall likewise be designated as members of the JCOC. The Speaker of the House of
Representatives and the President of the Senate shall designate the other three (3) members of the JCOC
of the House and the Senate, respectively, from among the members of the Committee on Basic Education,
one (1) member of which shall be from the minority.
To assist the JCOC to evaluate the implementation of this Act, the DepEd, in partnership with
LGUs, other relevant agencies, and the private sector, shall conduct a mandatory annual review of the
implementation of this Act and its IRR to measure its effectiveness, identify the gaps, issues and challenges,
and ensure its proper implementation. It shall likewise establish an evaluation system to assess the impact
of this Act and the progress of learners with disabilities.
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SECTION 34. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional,
the remainder of this Act or any provision not otherwise affected shall remain in full force and effect.
SECTION 35. Repealing Clause. - All laws, presidential decrees, executive orders, proclamations,
issuances, rules and regulations, or parts thereof contrary to or inconsistent with the provisions of this Act
are hereby repealed, amended, or modified accordingly.
SECTION 36. Effectivity. - Notwithstanding the non-issuance of the IRR, this Act shall take effect
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Title of Law: An Act Promoting for Stronger Protection Against Rape and Sexual Exploitation
and Abuse, Increasing the Age for Determining the Commission of Statutory Rape, Amending
For the Purpose Act No. 3815, as Amended, Otherwise Known as “the Revised Penal Code,”
Republic Act No. 8353, Also Known as “the Anti-Rape Law of 1997,” and Republic Act No. 7610,
as Amended, Otherwise Known as the “Special Protection of Children Against Abuse, Exploita-
tion and Discrimination Act”
Amended by: N/A
AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL EXPLOITATION
AND ABUSE, INCREASING THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE,
AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS “THE REVISED
PENAL CODE,” REPUBLIC ACT NO. 8353, ALSO KNOWN AS “THE ANTI-RAPE LAW OF 1997,” AND
REPUBLIC ACT NO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE “SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT”
SECTION 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as “The Revised Penal Code,”
as amended by Republic Act No. 8353 known as “The Anti-Rape Law of 1997,” is hereby further amended
to read as follows:
“Article 266-A. Rape; When and How Committed. - Rape is committed:
“1) By a person who shall have carnal knowledge of another person under any of
the following circumstances:
“x x x”
d) When the offended party is under sixteen (16) years of age or is

demented, even though none of the circumstances mentioned above be present:
Provided, That there shall be no criminal liability on the part of a person having carnal
knowledge of another person sixteen (16) years of age when the age difference
between the parties is not more than three (3) years, and the sexual act in question
is proven to be consensual, non-abusive, and non-exploitative: Provided, further,
That if the victim is under thirteen (13) years of age, this exception shall not apply.
“As used in this Act, non-abusive shall mean the absence of undue influence,
intimidation, fraudulent machinations, coercion, threat, physical, sexual,
psychological, or mental injury or maltreatment, either with intention or through
neglect, during the conduct of sexual activities with the child victim. On the other
hand, non-exploitative shall mean there is no actual or attempted act or acts of
unfairly taking advantage of the child’s position of vulnerability, differential power,
or trust during the conduct of sexual activities.”
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SECTION 2. Articles 337 and 338 of Act No. 3815, otherwise known as “The Revised Penal Code”
are hereby amended to read as follows:
“Article 337. Qualified seduction. - The seduction of a minor, sixteen and over
but under eighteen years of age, committed by any person in public authority, priest,
home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be
entrusted with the education or custody of the minor seduced, shall be punished by prision
correccional in its minimum and medium periods.
“The penalty next higher in degree shall be imposed upon any person who shall seduce his
sister or descendant, whether or not she be a virgin or over eighteen years of age.
“Under the provisions of this Chapter, seduction is committed when the offender have
carnal knowledge of any of the persons and under the circumstances described therein.”
“Article 338. Simple seduction. - The seduction of a minor, sixteen and over but
under eighteen years of age, committed by means of deceit, shall be punished by arresto
mayor.”
SECTION 3. Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610, otherwise known as the
Special Protection of Children Against Abuse, Exploitation and Discrimination Act are hereby amended
to read as follows:
“SECTION 5. Child Prostitution and Other Sexual Abuse. - Children, whether male
or female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct., are deemed to be children exploited in prostitution and other sexual abuse.
“x x x
“(a) x x x
“(b) Those who commit the act of sexual intercourse or lascivious conduct
with a child exploited in prostitution or subjected to other sexual abuse: Provided,
That when the victim is under sixteen (16) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 2, for rape and Article 336 of Act No. 3815,
as amended, otherwise known as “The Revised Penal Code”, for rape, or lascivious
conduct, as the case may be: Provided, That the penalty for lascivious conduct
when the victim is under sixteen (16) years of age shall be reclusion perpetua in its
medium period; and
x x x.”
“SECTION 7. Child Trafficking. - Any person who shall engage in trading and
dealing with children including, but not limited to, the act of buying and selling of a child
for money, or for any consideration, or barter, shall suffer the penalty of reclusion temporal
to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim
is under sixteen (16) years of age.
x x x.”
“SECTION 9. Obscene Publications and Indecent Shows. - Any person who shall
hire, employ, use, persuade, induce, or coerce a child to perform in, obscene exhibitions and
indecent shows, whether live of in video, or model in obscene publications or pornographic
materials, or to sell or distribute the said materials shall suffer the penalty of prision mayor
in its medium period.
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“If the child used as a performer, subject, or seller/distributor is under eighteen (18) years
of age, the penalty shall be imposed in its maximum period.
x x x”
“SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child’s Development. -
“(a) x x x
“(b) Any person who shall keep or have in his company a minor sixteen (16)
years of age or under or who is ten (10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna
or massage parlor, beach, and/or other tourist or similar places shall suffer the
penalty of prision mayor in its maximum period and a fine of not less that Fifty
thousand pesos (P50,000.00): Provided, That this provision shall not apply to any
person who is related within fourth degree of consanguinity or affinity or any blood
recognized by law, local custom and tradition or acts in the performance of a social,
moral or legal duty.
x x x.”
SECTION 4. Public and private institutions engaged in the education, training, and care of children
shall ensure that their curriculum for continuing staff development included plans and learning sessions
on the scope of their duties and responsibilities in identifying, responding to and reporting rape and other
sexual offenses.
The Department of Education shall include in the basic education curriculum and teach age-appropriate
subject concerning the rights and protection of the children in relation to this Act.
SECTION 5. If any provision of this Act is held invalid or unconstitutional, the remainder of the Act
or the provision not otherwise affected shall remain in full force and effect.
SECTION 6. All laws, decrees, orders, ordinances, rules and regulations or parts thereof which
are inconsistent with the provisions of this Act are hereby amended, modified or repealed accordingly.
SECTION 7. This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation in the Philippines.
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Title of Law: An Act Strengthening Alternative Child Care by Providing for an Administrative
Process of Domestic Adoption, Reorganizing for the Purpose the inter-Country Adoption Board
(ICAB) into the National Authority for Child Care (NACC), Amending for the Purpose Republic
Act No. 8043, Republic Act No. 11222, and Republic Act No. 10165, Repealing Republic Act No.
8552, and Republic Act No. 9523, and Appropriating Funds therefor
Short Title: Domestic Administrative Adoption and Alternative Child Care Act
Date of Passage: January 6, 2022
Amended by: N/A
11642 (June 28, 2022)
AN ACT STRENGTHENING ALTERNATIVE CHILD CARE BY PROVIDING FOR AN ADMINISTRATIVE

PROCESS OF DOMESTIC ADOPTION, REORGANIZING FOR THE PURPOSE THE INTER-COUNTRY
ADOPTION BOARD (ICAB) INTO THE NATIONAL AUTHORITY FOR CHILD CARE (NACC), AMENDING
FOR THE PURPOSE REPUBLIC ACT NO. 8043, REPUBLIC ACT NO. 11222, AND REPUBLIC ACT NO.
10165, REPEALING REPUBLIC ACT NO. 8552, AND REPUBLIC ACT NO. 9523, AND APPROPRIATING
FUNDS THEREFOR
ARTICLE I
General Provisions
SECTION 1. Short Title. – This Act shall be known as the “Domestic Administrative Adoption
and Alternative Child Care Act”.
SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State to ensure
that every child remains under the care and custody of the parents and be provided with love, care,
understanding, and security towards the full and harmonious development of the child’ personality.
Only when such efforts prove insufficient and no appropriate placement or adoption by an unrelated
person be considered.
The best interest of the child shall be the paramount consideration in the enactment of alternative
care, custody, and adoption policies. It shall be in accordance with the tenets set forth in all the
rights of the child enumerated under Article 3 of Presidential Decree No. 603, otherwise known
as the “Child and Youth Welfare Code”; the “United Nations Convention on the Rights of the Child
(UNCRC)”; the “United Nations Guidelines on Alternative Care of Children”; the “United Nations
Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with
Special Internationally’; and the “Hague Convention on the Protection of Children and Cooperation in
Respect of Inter-Country Adoption”.
Toward this end, the State shall:

(a) Ensure that a child without parental care, or at risk of losing it, is provided with alternative
care options such as adoption and foster care;
(b) Establish alternative care standards to ensure that the quality of life and living conditions
set are conducive to the child’s development;
(c) Safeguard the biological parents from making hasty decisions to relinquish parental
authority over the child;
(d) Prevent unnecessary separation of the child from the biological parents;
(e) Protect the adoptive parents from attempts to disturb their parental authority and
custody over the adopted child;
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(f) Conduct public information and educational campaign to promote a positive environment
for adoption;
(g) Ensure that sufficient capacity exists within government and private sector agencies to
handle adoption inquiries, process domestic adoption petitions, and offer adoption-
related services, including pre-adoption and post-adoption services, for the biological
parents, children, and adoptive parents;
(h) Encourage domestic adoption so as to preserve the child’s identity and culture in the
child’s native land, and only when this is not feasible shall inter-country adoption be
considered; and
(i) Establish a system of cooperation with the Inter-Agency Council Against Trafficking
(IACAT), to prevent the sale, trafficking, and abduction of children and to protect
Filipino children abandoned overseas who are made vulnerable by their irregular
status.
No child shall be a subject of administrative adoption unless the status of the child has been
declared legally available for adoption except in cases of relative or step-parent adoption where
such declaration is not required. Independent placement cases, or the entrustment of a child by
the birthparents to a relative or another person without seeking intervention from government,
nongovernment, or any social worker, will be covered by the provisions of this Act if the child is
already in the custody of their custodian before the effectivity of this Act.
It is hereby recognized that the administrative adoption processes for the cases of legally-
available children, relative, stepchild, and adult adoptees are the most expeditious proceedings that
will redound to their best interest.
SECTION 3. Objectives. – This Act shall provide for and allow simpler and inexpensive
domestic administrative adoption proceedings and shall streamline services for alternative child care.
Pursuant to this, it shall create the National Authority for Child Care (NACC), which shall exercise all
powers and functions relating to alternative child care including, declaring a child legally available for
both domestic, administrative adoption and inter-country adoption, foster care, kinship care, family-
like care, or residential care.
SECTION 4. Definition of Terms. – As used in this Act:
(a) Abandoned child refers to a child who has no proper parental care or guardianship, a
foundling, or on who has been deserted by one’s parents for a period of at least
three (3) continuous months, and has been declared as such by the NACC;
(b) Abandoned Filipino child in foreign country refers to an unregistered or undocumented
child found outside the Philippine territory, with known or unknown facts of birth,
separated from or deserted by the biological Filipino parent guardian, or custodian
for a period of at least three (3) continuous months and committed to a foreign
orphanage or charitable institution or in a temporary informal care, and has been
declared as such by the NACC, upon recommendation of the Office of the Social
Welfare Attaché (OSWA) of the Department of Social Welfare and Development
(DSWD), or the Department of Foreign Affairs (DFA);
(c) Actual custodian refers to the guardian or spouses who raised a child or person and
consistently treated the child as their own;
(d) Adoption refers to the socio-legal process of providing a permanent family to a child
whose parents had voluntarily or involuntarily given up their parental rights,
permanently transferring all rights and responsibilities, along with filiation, making
the child a legitimate child of the adoptive parents: Provided, That adult adoption
shall be covered by the benefits of this Act;
In the interest of clarity, adoption shall cease to be part of alternative child care and
becomes parental care as soon as the process is completed.
(e) Adoption para-social worker refers to an unregistered and unlicensed social work
practitioner who ideally has three (3) years of experience in handling alternative
child care or adoption cases, or both;
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(f) Adoption social worker refers to an individual who is registered and licensed by the
Professional Regulation Commission (PRC), in accordance with Republic Act No.
9433, otherwise known as the “Magna Carta for Public Social Workers” and who
ideally has three (3) years of experience in handling alternative child care or adoption
cases, or both. For purposes of this Act, in the event that an adoption social worker
is not available, adoption para-social worker shall be allowed to render the services
required: Provided, That only duly registered and licensed social workers shall sign
and submit the pertinent documents;
(g) Alternative child care refers to the provision of planned substitute parental care to a
child who is orphaned, abandoned, neglected, or surrendered, by a child-caring or
child-placing agency. This may include foster care, kinship care, family-like care, and
residential care;
(h) Child refers to a person below eighteen (18) years of age or a person eighteen (18) years
of age or over but who is unable to fully take care or protect himself or herself
from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
psychosocial disability or condition: Provided, that for the purpose of this Act, where
relevant, a child shall also refer to an adult son, daughter, or offspring;
(i) Child Legally Available for Adoption (CLAA) refers to a child in whose favor a certification
was issued by the NACC that such child is legally available for adoption after the fact
of abandonment or neglect has been proven through the submission of pertinent
documents, or one who was voluntarily committed by the child’s parents or legal
guardians;
(j) Certificate Declaring a Child Legally Available for Adoption (CDCLAA) refers to the final
written administrative order issued by the NACC declaring a child to be abandoned
and neglected, and committing such child to the care of the NACC through a foster
parent, guardian, or duly licensed child-caring or child-placing agency. The rights of
the biological parents, guardian, or other custodian to exercise authority over the
child shall cease upon issuance of the CDCLAA;
(k) Child-caring agency refers to a duly licensed and accredited agency by the DSWD that
provides twenty-four (24)-hour residential care services for abandoned, orphaned,
neglected, or voluntarily and involuntarily committed children;
(l) Child case study report refers to a written report prepared by an adoption social worker
containing all the necessary information about a child, including the child’s legal
status, placement history, past and present biopsychosocial and spiritual aspects,
case background, ethno-cultural background, and biological family background or
history;
(m) Child-placing agency refers to a private nonprofit or charitable or government agency
duly licensed and accredited agency by the DSWD to provide comprehensive child
welfare services including receiving and processing of petitions, for adoption and
foster care, evaluating the prospective adoptive parents (PAPs) or foster parents,
preparing the child case study report and home study report;
(n) Child Placement Committee (CPC) refers to the committee under the supervision of
the Deputy Director for Services composed of a child psychiatrist or psychologist,
a medical doctor, a lawyer, an adoption social worker, a representative of
nongovernmental organization (NGO) engaged in child welfare, and any other
professional as may be needed, to provide the necessary assistance in reviewing
petitions for adoption;
(o) Deed of Voluntary Commitment (DVC) refers to the notarized instrument relinquishing
parental authority and committing the child to the care and custody of the NACC or
child-placing or child-caring agency, executed by the child’s biological parents or by
the child’s legal guardian in their absence, mental incapacity or death, to be signed
in the presence of an authorized representative of the NACC, after counseling and
other services have been made available to encourage the child’s biological parents
or legal guardian to keep the child;
(p) Domestic adoption refers to an administrative adoption proceeding where the Order of
Adoption is issued within the Philippines and is undertaken between a Filipino child
and eligible adoptive parents;
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(q) Foreign national refers to any person who is not a Filipino citizen;
(r) Foster care refers to the provision of planned temporary substitute parental care to a
child by a foster parent;
(s) Foster child refers to a child placed under foster care;
(t) Foster parent refers to a person, duly licensed by the NACC, to provide foster care;
(u) Foundling refers to a deserted or abandoned child of unknown parentage and whose date
or circumstances of birth on Philippine territory are unknown and undocumented.
This shall also include those with the above circumstance of birth during their infancy
and/or childhood, and have reached the age of majority without benefiting from
adoption procedures;
(v) Home study report refers to a written report prepared by an adoption social worker
relative to the motivation and capacity of the prospective adoptive or foster parents
to provide a home that meets the needs of a child;
(w) Inter-country adoption refers to the socio-legal process of adopting a child by a foreign
national or a Filipino citizen habitually a resident outside Philippine territory which
complies with the principles stated in the Hague Convention of 1993;
(x) Involuntarily committed child refers to one who has been permanently deprived of
parental authority due to: abandonment; substantial, continuous, or repeated
neglect; abuse or incompetence to discharge parental responsibilities, of known or
unknown parents;
(y) Local Social Welfare Development Officer (LSWDO) refers to a person who is a duly
licensed social worker and appointed by the local chief executive to head the
provincial, city, or municipal social welfare development office which serves as the
frontline of the local government unit (LGU) in the delivery of social welfare and
development programs and services;
(z) Matching refers to the judicious selection from the regional or interregional levels of a
family for a child based on the child’s needs and best interest as well as the capability
and commitment of the adoptive parents to provide such needs and promote a
mutually satisfying parent-child relationship;
(aa) Neglected child refers to a child whose physical and emotional needs have been
deliberately unattended or inadequately attended within a period of three (3)
continuous months. A child is unattended when left without the proper provisions or
proper supervision;
(bb) Petition refers to the duly accomplished application from for the foster case or
adoption, including the social case study report and its supporting documents from
an authorized or accredited agency or central authority;
(cc) Placement refers to the physical entrustment of the child with the foster parent or to
the adoptive parents;
(dd) Post-adoption services refer to psychosocial services and support services provided
by adoption social workers after the issuance of the Order of Adoption by the NACC
or Final Decree of Adoption or its equivalent;
(ee) Pre-Adoption Placement Authority (PAPA) refers to the matching committee organized
by the NACC, through the RACCO, that is tasked to deliberate the regional and
interregional matching of children legally available for adoption and approved
prospective adoptive parents;
(hh) Relative refers to someone other than family members, within fourth (4th) degree of
consanguinity or affinity;
(ii) Simulation of birth record refers to the tampering of the civil registry to make it appear in
the record of birth that a child was born to a person who is not such child’s biological
mother, causing the loss of the true identity and status of such child;
(jj) Social case study report refers to the report prepared by the adoption social worker on
the PAP’s capacity to raise the child; the social agency efforts to locate the child’s
biological parents or relatives; interventions given to the child and the family; and the
adoption social worker’s assessment of the case. It shall include both the child case
study report and the home study report;
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(kk) Social worker refers to a licensed practitioner by the PRC who, by academic training and
social work professional experience, possesses the skill to achieve the objectives as
defined and set by the social work profession, through the use of the basic methods
and technique of social work (case work, group work, and community organization)
which are designed to enable individuals, groups and communities to meet their
needs and to solve the problems of adjustment to a hanging pattern of society and,
through coordination with an organized social work agency which is supported
partially or wholly from government or community solicited funds;
(ll) Step-parent refers to a parent who is married to the mother or father of a child, but who
is not that child’s biological mother or father;
(mm) Supervised trial custody (STC) refers to the period of time after the placement of a
child in an adoptive home whereby an adoption social worker helps the adoptive
family and the child in the adjustment process to facilitate the legal union through
adoption;
(nn) Support refers to everything indispensable for the full and harmonious development of
the child, including sustenance, dwelling, clothing, medical attention, and education,
in keeping with the financial capacity of the family; and
(oo) Voluntarily committed child refers to the one whose parent or legal guardian knowingly
and willingly relinquished parental authority to the NACC, the DSWD, or any duly
accredited child-placing or child-caring agency or institution.
ARTICLE II
National Authority for Child Care
SECTION 5. National Authority for Child Care (NACC). – The Inter-Country Adoption Board
(ICAB) is hereby reorganized to a one-step quasi-judicial agency on alternative child care, known as
the National Authority for Child Care (NACC), attached to the DSWD.
All duties, functions, and responsibilities of the ICAB, the DSWD, and those of other government
agencies relating to alternative child care and adoption are hereby transferred to the NACC.
The Department of Budget and Management (DBM), in coordination with the ICAB and the DSWD,
shall formulate a cohesive organizational structure with corresponding plantilla positions responsive
to fulfill the functions and divisions of the NACC as stipulated under this Act.
SECTION 6. Jurisdiction of the NACC. – The NACC shall have the original and exclusive
jurisdiction over all matters pertaining to alternative child care, including declaring a child legally
available for adoption; domestic administrative adoption; adult adoption; foster care under Republic
Act No. 10165, otherwise known as the “Foster Care Act of 2012”; adoptions under Republic Act No.
11222, otherwise known as the “Simulated Birth Rectification Act”; and inter-country adoption under
Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995”. The NACC
shall also have the authority to impose penalties in case of any violation of this Act.
SECTION 7. Composition of the NACC. – The NACC shall be composed of a Council and a
Secretariat.
The Council shall be composed of the Secretary of the DSWD as ex officio chairperson and
six (6) other members, who are to be appointed by the President for a nonrenewable term of six (6)
years: Provided, that there shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers
who shall have at least the qualifications of a Regional Trial Court (RTC) judge, one (1) registered social
worker, and two (2) representatives from NGOs engaged in child-caring and child-placing activities.
The members of the Council shall receive a reasonable per diem allowance for each meeting
attended.
The Council shall act as the policy-making body for purposes of carrying out the provisions of
this Act and shall formulate child welfare policies which shall constantly adjust to ongoing studies on
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alternative child care. En banc, it shall serve as Appeals Committee for contested denials of petitions
issued by the Executive Director or the Deputy Director for Services.
The Secretariat shall implement and execute policies on alternative child care pursuant to the
provisions of this Act. It shall be headed by an Executive Director, with the rank of an Undersecretary
who shall be assisted by two (2) deputy directors, one (1) for services and another one (1) for
administration and finance with the rank of Assistant Secretary.
The Deputy Director for Services shall, pursuant to the provisions of this Act, assist the Executive
Director in the supervision and monitoring of the overall process for alternative child care, including
declaring a child legally available for adoption, domestic, and inter-country adoption, foster care,
residential care, family-like care, and kinship care, as well as the provision of child and family welfare
services.
The NACC may hire professionals and various experts, who shall form part of the CPC to be composed
of a child psychiatrist or psychologist, a medical doctor, a lawyer, an adoption social worker, a
representative of an NGO engaged in child welfare, and any other professionals, as may be needed,
to provide the necessary assistance to the Deputy Director for Services and Executive Director in
reviewing petitions for adoption.
The Deputy Director for Administration and Finance shall be in charge of human resource development
and management, property and logistics management, assets and financial management, and other
administrative support services.
SECTION 8. Functions of the NACC. – The NACC shall ensure that the petitions, and all
other matters involving alternative child care, including the issuance of CDCLAA, and the process of
domestic and inter-country adoption, foster care, kinship care, family-like care, or residential care
are simple, expeditious, and inexpensive, and will redound to the best interest of the child involved.
Towards this end, the NACC Council shall act as the policy-making body and when convened as such,
as an en banc appeals committee for contested denials of petitions issued by the Executive Director
or the Deputy Director for Services, while the NACC Secretariat shall be responsible for the following
key functions:
(a) Act and resolve petitions for the issuance of CDCLAA as provided under this Act;
(b) Facilitate, act, and resolve all matters relating domestic administrative adoption as
provided in this Act;
(c) Facilitate, act, and resolve all matter relating to inter-country adoption, pursuant to
Republic Act No. 8043;
(d) Facilitate, act, and resolve all matters relating to foster care pursuant to Republic Act
No. 10165;
(e) Facilitate, act and resolve all matters relating to the rectification of simulated birth
pursuant to Republic Act No. 11222;
(f) Supervise and control the following acts to be performed by the RACCO under the
provisions of this Act;
(g) Determine action on petitions for adoption, foster care, and other forms of alternative
child care that been filed through and processed by the RACCOs;
(h) Set standards and guidelines on adoption including pre- and post-legal adoption services;
(i) Convene an Independent Appeals Committee whenever necessary to be composed of
professionals and experts from its CPC, to resolve appeals filed by interested parties
involving denials of petitions at the RACCO level;
(j) Act as the central authority in matter relating to inter-country adoption and shall act
as the policy-making body for purposed of carrying out the provisions of this Act,
including Republic Act No. 8043, in consultation and coordination with the DSWD-
OSWA, DFA, the different child care and placement agencies, adoptive agencies,
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as well as NGOs engaged in child care and placement activities, specifically the
functions under SECTION 4 of the aforementioned law;
(k) Determine, in coordination with the DFA or the OSWA, procedures for suitable alternative
care of Filipino children stranded abroad, including countries not party to the Hague
Convention or have no diplomatic relations with the Philippines;
(l) Ensure that inter-country adoption will not be pursued until all possible domestic
placement of the child has been exhausted;
(m) Conduct national information dissemination and advocacy campaign on alternative child
care;
(n) Establish clear programs to keep children with their biological families wherever possible;
(o) Assess the progress and identify gaps in the implementation of this Act and come up
with policy recommendations;
(p) Keep records of all adoption, foster care, and other alternative child care cases, and
provide periodic information and reports on the performance of the agency;
(q) Conduct research on adoption, foster care, and other alternative child care policies or
in related fields to further improve and strengthen the office programs and services
and for policy formulation and development;
(r) Provide technical assistance and conduct capability-building activities to all concerned
agencies and stakeholders;
(s) Determine and impose administrative fees;
(t) In partnership with the Department of the Interior and Local Government (DILG), provide
the necessary support and technical assistance to LGUs, especially the Local Council
for Protection of Children (LCPC), who are among the first responders to cases of
child abandonment and voluntary commitment, on matters related to alternative
child care processes and engage them during the pre-adoption process;
(u) Build linkages and partnerships with independent and private entities such as licensed
and accredited child-caring institutions, foundations, and social worker groups to
ease the burden on the government to monitor all petitions;
(v) Impose fines or penalties for any noncompliance with or breach of this Act, its implementing
rules and regulations (IRR), and the rules and regulations which it promulgates or
administers;
(w) Formulate and develop policies for programs and services relating to the process of
adoption, foster care, kinship care, family-like care, or residential care; and
(x) Enforce this Act and its IRR, as well as perform all other functions necessary to carry
out the objectives of this Act and other related laws, such as Republic Act No. 8043
and Republic Act No. 10165 toward the simple, expeditious, and inexpensive process
relating to foster care, issuance of CDCLAA, domestic administrative adoption, and
inter-country adoption, and all other forms of alternative care, that would redound
to the best interest of the child.
SECTION 9. Regional Alternative Child Care Office (RACCO). – There shall also be a Regional
Alternative Child Care Office (RACCO) created for each region of the country, which shall be headed
by a Regional Alternative Child Care (RACC) officer.
The RACCO is tasked to ensure a well-functioning system of receipt of local petitions for CDCLAA
and adoption, and other requests regarding alternative placement and well-being of children.
The RACCO shall have dedicated personnel who shall exclusively handle each of the following:
(a) Issuance of the CDCLAA;

(b) Domestic administrative adoption;
(c) Inter-country adoption;
(d) Foster care;
(e) All other forms of alternative care including family-like care, kinship care, and residential
care; and
(f) Rectification of simulated birth pursuant to Republic Act No. 11222.
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There shall be an RCPC installed in each RACCO which shall be supervised by the RACC officer.
It shall be composed of a multidisciplinary group including a child psychiatrist or psychologist, a
medical doctor, a member of the Philippine Bard, an adoption social worker and a representative of
an NGO involved in child welfare: Provided, that no member of the group shall have relations with the
child or PAP being matched.
SECTION 10. Appointments and Staffing Patterns. – The DBM, in coordination with the
ICAB and DSWD, shall create the organizational structure and staffing patterns necessary for the
performance of functions of the NACC: Provided, that officers and employees holding permanent
appointments shall be given preference for appointment to the new positions in the approved staffing
pattern comparable to their former positions.
Provided, further, that existing plantilla items in the ICAB and DSWD which are dedicated to
alternative child care and adoption shall be transferred to the NACC.
Provided, finally, that no new employees shall be hired until all permanent officers and employees
have been appointed, including temporary and casual employees who possess the necessary
qualification requirements, among which is the appropriate civil service eligibility, for permanent
appointment to positions in the approved staffing pattern, in case there are still positions to be filled,
unless such positions are policy-determining, primarily confidential or highly technical in nature.
Qualifications of all appointees shall be in accordance with civil service rules and regulations.
The existing Adoption Resource and Referral Unit (ARRU) of the DSWD shall now function as the
RACCOs for each region of the country under the NACC.
ARTICLE III
Declaration Of a Child Legally
Available For Adoption
SECTION 11. Declaration of Availability for Adoption of Involuntarily Committed Child and
Voluntarily Committed Child. – The CDCLAA in case of an involuntarily committed child under Article
141, paragraph 4(a) and Article 142 of Presidential Decree No. 603 shall be issued by the NACC within
three (3) months following such involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603,
the CDCLAA shall be issued by the Executive Director within three (3) months following the filing of
the DVC, as signed by the parents with the NACC.
Upon petition filed with the NACC, the parents or legal guardian who voluntarily committed a
child may recover legal custody and parental authority from the agency or institution to which such
child was voluntarily committed when it shown to the satisfaction of the NACC that the parents or
legal guardian is in a position to adequately provide for the needs of the child: Provided, That the
petition for restoration is filed within three (3) months after the signing of the DVC.
In the case of foundlings, the CDCLAA shall be issued by the Executive Director within three (3)
months following the issuance of the child’s foundling certificate or birth certificate.
SECTION 12. Who May File a Petition for CDCLAA. – The Head or Executive Director of a
licensed or accredited child-caring or child-placing agency or institution managed by the government,
PGU, NGO, or provincial, city, or municipal social welfare development officer (SWDO) who has actual
custody of the minor may file a petition before the NACC, through the RACCO, for the issuance of
a CDCLAA. If the child is under the custody of any other individual, the child-caring or child-placing
agency or institution shall do so with the consent of the child’s custodian.
SECTION 13. Petition for CDCLAA. – The petition shall be in the form of an affidavit, subscribed
and sworn to before any person authorized by law to administer oaths.
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It shall contain facts necessary to establish the merits of the petition and shall state the
circumstances surrounding the abandonment, neglect, voluntary commitment of the child, or
discovery of the foundling.
The petition shall be supported by the following documents:
(a) Social case study report made by the RACCO, LGU, licensed or accredited child-caring or
child-placing agency or institution charged with the custody of the child;
(b) Proof that efforts were made to locate the parents or any known relatives of the child.
The following shall be considered sufficient;
(1) Written certification from a local or national radio or television station that the case
was aired on three (3) different occasions;
(2) Publication in one (1) newspaper of general circulation to be shouldered by the
petitioner: Provided, that publication can be dispensed with in the case of step-
parent and relative adoption;
(3) Police report or barangay certification from the locality where the child was found,
or a certified copy of tracing report issued by the Philippine Red Cross National
headquarters (NHQ) or social service division, which states that despite due
diligence, the child’s parents could not be found;
(4) Returned registered mail to the last known address of the parents or known relatives,
if any; or in the case of a voluntarily committed child, the DVC signed by the
biological parent;
(5) Birth certificate, if available; and
(6) Recent photograph of the child and photograph of the child upon abandonment or
admission to the agency or institution.
SECTION 14. Procedure for the Filing of the Petition for CDCLAA. – The petition shall be filed
in the RACCO where the child was found, abandoned, voluntarily committed, or discovered.
The RACCO shall immediately examine the petition and its supporting documents, if sufficient
in form and substance, and shall authorize the posting of the notice of the petition in a conspicuous
place for five (5) consecutive days in the locality where the child was found, abandoned, voluntarily
committed, or discovered, and in social media platforms or other online platforms of the NACC and
the concerned LGU.
If the RACCO finds that the petition is insufficient, the case shall be put on hold and the petition
shall be returned to the petitioner for compliance with the additional information or documents
requested by the RACCO.
Within fifteen (15) working days after the completion of its posting, the RACCO shall render a
recommendation and transmit a copy of such recommendation, together with the records, to the
Executive Director.
SECTION 15. Declaration of Availability for Adoption. – Upon finding merit in the petition,
the Executive Director shall issue a CDCLAA within seven (7) working days from receipt of the
recommendation, unless further investigation or additional information or documents are needed to
determine the merits of the petition. A copy of the CDCLAA shall be transmitted to the petitioner and
all interested parties known to the Executive Director.
SECTION 16. Opposition to the Petition for CDCLAA. – In cases of abandoned, neglected
children, and foundlings, if the biological parents, relatives or legal guardian of the child appear and
oppose the issuance of the CDCLAA, prior to its issuance, the case shall be put on hold and the
RACCO, Deputy Director for Services, or Executive Director, depending on where the case is pending
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for review at the time the petition is opposed, shall direct the handling adoption social worker to
immediately investigate and request for a Parenting Capability Assessment Report (PCAR) from the
LGU where the biological parents, relatives, or legal guardian reside.
Within fifteen (15) working days after the issuance of the PCAR, the handling adoption social
worker shall render a recommendation on whether to grant or deny the opposition of the biological
parents, relatives, or legal guardian of the child.
Within fifteen (15) working days after the receipt of the handling adoption social worker’s
recommendation, the RACCO, Deputy Director for Services, or Executive Director shall decide on the
merits of the petition.
SECTION 17. Appeal. – The decision of the NACC shall be appealable to the Court of Appeals
within ten (10) days from receipt of the Order by the interested party, otherwise the same shall be
final and executory.
SECTION 18. Certification. – The CDCLAA issued by the NACC Executive Director shall be,
for all intents and purposes, the best evidence that the child is legally available in a domestic adoption
proceeding: and in an inter-country adoption proceeding, as provided in Republic Act No. 8043.
SECTION 19. Counseling Services. – It shall be the duty of the NACC, through the RACCO,
child-caring or child-placing agencies, as well as the city, municipal, or barangay social workers, when
appropriate, to provide necessary and appropriate counseling services by adoption social workers
to the following:
a) Biological Parents – Counseling shall be provided to the biological parents before and
after the birth of the child. No binding commitment to an adoption plan shall be permitted
before the birth of the child.
In all proceedings for adoption, the NACC shall require proof that the biological parents
have been properly counseled to prevent them from making hurried decisions caused
by strain or anxiety to give up the child, and to sustain that all measures to strengthen
the family have been exhausted and that any prolonged stay of the child in own how will
be inimical to child welfare and interest.
A period of three (3) months shall be allowed for the biological parents to reconsider
any decision to relinquish a child for adoption before the decision becomes irrevocable.
Counseling and other appropriate social service interventions and services shall also be
offered to the biological parents after the child has been relinquished for adoption.
Steps shall be taken by the NACC to ensure that no hurried decisions are made and
all alternatives for the child’s future and the implications of each alternative have been
provided.
(b) Prospective Adoptive Parents (PAPs) – Counseling sessions, forums, and seminars on
adoption, among others, shall be provided to resolve possible adoption issues and to
prepare them for effective parenting.
Adoption telling shall be one of the central themes of the sessions, forums, or seminars
to equip the PAPs with the ability to divulge the adoption to the adoptee in a manner
that will strengthen the parent-child relationship.
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As a proven helpful practice, adoption shall be disclosed to the child as early as possible
by the adoptive parents: Provided, That disclosure of adoption shall be mandatory
before the adoptee reaches the age of thirteen (13) years old. An adoption social
worker must conduct adoption-themed activities to such children, which will inculcate
the positive aspects of adoption in their young minds.
SECTION 20. Biological Parent Search. – It shall be the duty of the NACC, LGU, or the child-
placing or the child-caring agency, which has custody of a child to exert all efforts using tri-media and
any other possible means to locate the biological parents of the child and seek their consent. If such
effort fail, the child shall, if applicable, be registered as a foundling and subsequently be the subject
of administrative proceedings where said child shall be declared abandoned: Provided, That if the
adoptee is an adult, the biological parent search is at the discretion of the adoptee.
SECTION 21. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full
civil capacity and legal rights; has not been convicted of any crime involving moral
turpitude; is of good moral character and can model the same; is emotionally and
psychologically capable of caring for children; at least sixteen (16) years older than the
adoptee; and who is in a position to support and care for adopted children in keeping
with the means of the family: Provided, That the requirement of sixteen (16)-years
difference between the age of the adopter and the adoptee may be waived when
the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s
parent;
(b) The legal guardian with respect to the ward after the termination of the guardianship
and clearance of financial accountabilities;
(c) The legal guardians with respect to the foster child;
(d) Philippine government officials and employees deployed or stationed abroad: Provided,
that they are able to bring the child with them; and
(e) Foreign nationals who are permanent or habitual residents of the Philippines for at least
five (5) years possessing the same qualifications as above stated for Filipino nationals
prior to filing of the petition: Provided, That they come from a country with diplomatic
relations with the Republic of the Philippines and that the laws of the adopter’s country
will acknowledge the Certificate of Adoption as valid, acknowledge the child as a legal
child of the adopters, and allow entry of the child into such country as an adoptee:
Provided, further, That requirements of residency may be waived for the following:
(1) A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a
relative within fourth (4th) civil degree of consanguinity or affinity; or
(2) One who seeks to adopt the legitimate child of the Filipino spouse; or
(3) One who is married to a Filipino citizen and seeks to adopt jointly with the spouse
a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino
spouse.
Spouses shall jointly adopt, except in the following cases:
(a) If one spouse seeks to adopt the legitimate child of the other; or
(b) If one spouse seeks to adopt own illegitimate child: Provided, That the other spouse
has signified consent thereto; or
(c) If the spouses are legally separated from each other.
SECTION 22. Who May Be Adopted. – The following may be adopted:
(a) Any child who has been issued a CDCLAA;

(b) The legitimate child of one spouse by the other spouse;
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(c) An illegitimate child by a qualified adopter to improve status of legitimacy;
(d) A Filipino of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopters as their own child for a period of at least
three (3) years;
(e) A foster child;
(f) A child whose adoption has been previously rescinded;
(g) A child whose biological or adoptive parents have died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parents; or
(h) A relative of the adopter.
SECTION 23. Whose Consent is Necessary to the Adoption. – After being properly counseled
and informed of the right to give or withhold approval of the adoption, the written consent of the
following to the adoption are hereby required:
(a) The adoptee, if ten (10) years of age or over;

(b) The biological parents of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child, except in the case
of a Filipino of legal age if, prior to the adoption, said person has been consistently
considered and treated as their own child by the adopters for at least three (3) years;
(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;
(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said
adopter or over whom the adopter exercises parental authority and the latter’s spouse,
if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
Provided, that children under ten (10) years of age shall be counseled and consulted, but shall
not be required to execute within consent.
SECTION 24. Documentary Requirements. – The PAPs shall attach the following to the
Petition for Adoption and shall submit the same to the RACCO:
(a) Home study report and child case study report duly prepared pursuant to the provisions
of this Act, which requires a uniform and standardized format of the report;
(b) Authenticated or security paper copies of birth record of the PAPs and the child;
(c) Authenticated or security paper copies of Marriage Certificate, if the PAPs are married;
or Court Decision or Certificate of Finality, if annulled, divorced or legally separated;
(d) National Bureau of Investigation (NBI) or Police Clearance; If foreign national, clearance
from police authorities where he or she lived for more than twelve (12) months any
time in the past fifteen (15) years;
(e) Written consent to the adoption by the biological parent(s) or the person(s) exercising
substitute parental authority over the child and the written consent of the child if at
least ten (10) years old, signed in the presence of an adoption social worker of the
NACC or child-caring agency, or of the child-placing agency for cases where the child
is from a foster home, after proper counseling as prescribed in this Act;
(f) Authenticated or security paper copies of the Death Certificate of biological parents, as
applicable;
(g) Original copy of CDCLAA, as applicable;
(h) Result of the recent medical evaluation of the child and the PAPs;
(i) Mandatory result of the psychological evaluation of the PAPs;
(j) Mandatory result of the psychological evaluation of the child, for children five (5) years
old and above;
(k) Child care plan with a list of at least three (3) temporary custodian of the child in order of
preference in case of death, absence or incapacity of the PAPs;
(l) Letter attesting to the character and general reputation of the PAPs from at least three
(3) non-related character references, of whom one must preferably come from an
employer or supervisor or with who the PAPs have business dealings. The contact
details of the person attesting must be so indicated in the letter;
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(m) Recent close-up and whole-body pictures of the child and the PAPs taken within the last
six (6) months; and
(n) Documents showing the financial capacity of the PAPs.
The NACC shall formulate and produce official, uniform, and standard forms of the foregoing
documentary requirements that will be easily used and submitted by the PAPs for their Petition for
Domestic Adoption.
The documentary requirements previously submitted to the NACC for other child care services
may be considered and admitted for domestic administrative adoption, if applicable: Provided, That
the adoption social worker of the NACC, LGU, and child-caring or child-placing agencies are nor
precluded from asking for additional documents as may be necessary as proof of the facts alleged in
the petition or to establish a factual claim.
ARTICLE IV
Procedure
SECTION 25. Case Study. – No Petition for Adoption shall be processed by the NACC or its
RACCs unless an adoption social worker of the NACC, the social service office of the LGU, or any child-
placing or child-caring agency, has made a case study of the adoptee, the biological parents as well
as the adopters, and has submitted the report and recommendations on the matter to the respective
RACCO as among the supporting documents of the petition, and the NACC for the issuance of the
Certificate of Adoption.
At the time of preparation of the prospective adoptive child’s case study, the concerned
adoption social worker shall confirm with the Philippine Statistics Authority (PSA) the real identity and
registered name of the prospective adoptee. If the birth of a prospective adoptee was not registered
with the PSA, it shall be the responsibility of the said social worker to ensure that said prospective
adoptee is registered.
The case study on the prospective adoptive child shall establish that said child is legally available
for adoption and that the documents to support this fact are valid and authentic.
Further, the case study of the prospective adopters shall ascertain their genuine intentions and
that the adoption is in the best interest of the child. If the adoption social worker determines that
the adoption shall redound to the best interests of the child, a recommendation shall be made to the
RACCO or the NACC for the petition to be granted; otherwise, a denial thereof shall be recommended.
Upon discovery of new information that would warrant denial of the petition to protect the best
interest of the child, the said social worker is duty bound to report the same to the RACCO or the
NACC.
The case studies and other relevant documents and records pertaining to the adoptee and the
adoption shall be preserved with confidentiality by the NACC.
SECTION 26. Matching Process. – There shall be a matching process for case of legally
available children thirty (30) calendar days after the issuance of the CDCLAA or the next matching
conference, whichever is applicable. The matching of the child to approved PAPs shall be carried out
during the regular matching conference by the Matching Committee in the regional level, the RCPC
under the RACCOs: Provided, That interregional matching, which shall be monitored and supervised
by the Deputy Director for Services, may be conducted upon recommendation of the Executive
Director, at any time, depending on the number of children declared legally available for adoption
and the number of approved PAPs. Subject to the approval of the NACC, the RCPC shall fix its
own internal rules and procedures. However, the records of the children and the approved PAPs
not matched after two (2) presentations in the regional level shall be forwarded to the NACC for
inclusion in the interregional matching presentation: Provided, that children with special needs shall
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be immediately forwarded if not matched in the first meeting, except under special circumstance.
The matching proposal made by the RCPC shall be approved by the NACC, through the Executive
Director.
Cases of step-parent adoption, relative adoption, and adult adoption, shall not undergo the
matching process: Provided, That the child and the PAPs have been living in one household for not
less than two (2) years.
SECTION 27. Personal Appearance of Prospective Adoptive Parents. – To further ascertain

fitness, qualifications, good intentions, and sincerity of PAPs, the handling RACCO shall require PAPs
to personally appear before it at least twice during the application period and on specific dates to be
determined by the same.
SECTION 28. Issuance of Pre-Adoption Placement Authority (PAPA). – Once a child is

matched to an approved PAPs and was subsequently accepted, the NACC through the RACCO shall
authorize the pre-adoption placement of the child to the PAPs if recommended by the appropriate
social worker that there is a need for supervised trial custody prior to the filing of Petition for Adoption,
and in cases when there is no decision on the Petition for Adoption within sixty (6)) calendar days
from the receipt of the Deputy Director for Services of the positive recommendation of the RACCO
on the petition, through no fault or negligence on the part of the PAPs.
In cases of adult or relative adoption, the PAPs shall automatically be issued a PAPA without
undergoing the matching process.
SECTION 29. Supervised Trial Custody (STC). – Upon the recommendation of the adoption
social worker of the need for STC, and after the matching process and issuance of the PAPA, the
NACC through the RACCO shall give the adopters an STC over the adoptee for a period of not more
than six (6) months within which the parties are expected to adjust psychologically and emotionally to
each other and establish a bonding relationship. The STC shall be supervised and monitored monthly
by the adoption social worker who prepared the child case study and home study report, and who
shall submit a report regarding the placement.
The PAPs shall assume all the responsibilities, rights, and duties to which the biological parents
are entitled from the date the adoptee is placed with the prospective adopters.
The STC may be waived in all cases of stepchild, relative, infant, or adult adoptions, as assessed
and recommended by the adoption social worker.
Further, for regular cases, the STC may be reduced or waived depending on the assessment
and recommendation of the adoption social worker, and the express consent of the PAPs.
For independently placed cases, the adoption social worker shall prepare one post-placement
report recommending the qualified adoptive parents to continue their parental obligations towards
the child or adoptee.
SECTION 30. Petition for Administrative Adoption. – The thriving parent-child relationship
during the said STC, if recommended, as substantiated by the monthly monitoring report of the
adoption social worker, shall give rise to the filling of a Petition for Adoption.
In all cases, the Petition for Adoption shall be prepared and signed by the petitioner or PAPs.
The said petition shall state the facts necessary to establish the merits of the petition. The petitioners
must specifically allege that they are at least twenty-five (25) years of age, in possession of full civil
capacity and legal rights; of good moral character; have not been convicted of any crime involving
moral turpitude; are emotionally and psychologically capable of caring for children; are at least
sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee
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or is the spouse of the adoptee’s parent; and are in a position to support and care for their children in
keeping with the means of the family and have undergone pre-adoption services. The petition should
also indicate the new name the petitioner wishes the child to have, if any.
The petition shall be in the form of an affidavit and shall be subscribed and sworn to by the
petitioners before any person authorized by law to administer affirmation and oaths.
No subsequent petition involving the same PAPs shall be entertained unless the prior petition
has attained finality.
SECTION 31. Where to File the Petition. – The petition together with complete and original
supporting documents shall be filed by the petitioners with the RACCO of the city or municipality
where the PAPs reside.
Upon receipt by the RACCO of the petition and its supporting documents, a copy of the petition
shall be punished once a week for three (3) successive weeks in a newspaper of general circulation.
SECTION 32. Administrative Adoption Process. – In all proceedings for adoption, the NACC
shall decide on the basis of all the documents presented to it, as well as the evidence gathered during
the personal interviews conducted by the RACCO with the handling adoption social worker, PAPs,
and the adoptee. There shall be no adversarial proceedings and all domestic adoption cases shall be
decided within sixty (60) calendar days from the receipt of the Deputy Director for Services of the
recommendation of the RACCO on the petition.
The NACC, in the exercise of its quasi-judicial powers, shall observe and comply with the
following administrative domestic adoption process:
(a) Within fifteen (15) working days from the filing of the Petition for Adoption by the PAPs,
the RACCO shall determine whether the PAPs have complied with the substantive
and procedural requirements for domestic adoption by extensively reviewing and
examining the petition and its supporting documents, as well as conducting personal
interviews with the handling adoption social worker, the PAPs, and the adoptee:
Provided, That should the ROCCO require the PAPs to submit additional information
or documents, the said fifteen (15)-day period shall be suspended;
(b) Should the RACCO find that the PAPs sufficiently complied with the requirements under
this Act, it shall issue a certification attesting to the same, render a recommendation
on whether to grant or deny the Petition for Adoption, and forward the same to the
Deputy Director for Services within the said fifteen (15)-day period, excluding the
periods of suspension;
(c) The Deputy Director for Services, who may consult the CPC consultants, as may be
necessary, shall review the recommendation of the RACCO within fifteen (15) working
days from receipt thereof and either;
(1) return it to the ROCCO for further examination with a written explanation of its
insufficiency, or
(2) forward the Petition for Adoption to the Executive Director for final approval;
(d) In case the petition is returned by the Deputy Director for Services to the RACCO, the
latter shall address the concerns raised by the Deputy Director for Services within
fifteen (15) working days from receipt thereof;
(e) When the petition is forwarded by the Deputy Director for Services to the Executive
Director, the latter shall act and decide on the recommendation within fifteen (15)
working days from receipt thereof. However, if within the fifteen (15)-day period, the
Executive Director finds that there is a need to return the petition to the RACCO
for submission of additional information and documents or conduct of further
investigation, as may be necessary, the action of the RACCO on the returned petition
and finally deciding on whether to grant or deny the petition by the Executive Director
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should be settled within fifteen (15) workings days from the day the Executive Director
returns the same to the RACCO, except when the information and documents needed
are of such nature that cannot be easily obtained by the PAPs.
(f) In cases when there is no decision on the petition within sixty (60) calendar days from
the receipt of the Deputy Director for Services of the recommendation of the RACCO
on the petition, through no fault or negligence on the part of the PAPs, the latter may
apply for PAPA, if none has been issued yet, with the Executive Director, through the
RACCO, for the temporary placement of the child;
(g) If the Executive Director returns the petition or documents for further investigation to the
RACCO, during the period that the child is under the custody of the PAPs, the child
will remain the PAPs, taking into consideration the child’s best interests: Provided, that
if the Executive Director issues a denial on the petition, the child will be immediately
removed by the RACCO from its temporary placement with the PAPs.
SECTION 33. Objection to the Petition. – Any person who has personal knowledge of any
information, which by ordinary diligence could not be discovered, and which when introduced and
admitted, would result in the denial of the petition and protect the child from possible harm or abuse
may, at any time during the STC or before the issuance of the Order of Adoption, interpose an
objection to the petition and file a complaint supported by evidence to that effect, with the NACC,
through the RACCO where the petition was filed. The complaint will be subjected to verification and
further investigation.
SECTION 34. Order of Adoption. – If the STC, as may be applicable, is satisfactory to the
parties and the NACC is convinced that, from the trial custody report, the petition and its supporting
documents including the STC report if applicable, that the adoption shall redound to the best interest
of the child or prospective adoptee, the NACC through the Executive Director, shall issue an Order of
Adoption which is a registrable civil registry document stating the name by which the child shall be
known and shall likewise direct the following to perform the actions as stated:
(a) The adopter to submit a certified true copy of the Order of Adoption to the Civil Registrar
where the child was originally registered within thirty (30) calendar days from receipt
of the Order of Adoption; and
(b) The Civil Registrar of the place where the adoptee was registered;
(1) To seal the original birth record in the civil registry records which can be opened only
upon order of the NACC; and
(2) To submit to the NACC proof of compliance with all the foregoing within thirty (30)
calendar days from receipt of the Order of Adoption.
An Order of Adoption obtained under this Act shall have the same effect as a Decree of
Adoption issued pursuant to the Domestic Adoption Act of 1998. A motion for reconsideration may
be filed before the NACC, through the Executive Director, within fifteen (15) calendar days from an
Order denying the adoption.
SECTION 35. Judicial Recourse. – Orders of Adoption may be appealed before the Court of
Appeals within ten (10) days from receipt of the Order by the interested party, or from the denial of
the motion for reconsideration; otherwise, the same shall be final and executory. Rule 43 of the 1997
Rules of Civil Procedure, as amended, shall have suppletory application.
SECTION 36. Benefits of Adoptive Parents. – The adoptive parents shall enjoy all the benefits
entitled to biological parents, including benefits that can be availed through the Social Security
System (SSS), Government Service Insurance System (GSIS), Department of Labor and Employment
(DOLE), Bureau of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), Health
Maintenance Organization (HMO) providers, among others, or through other existing laws from the
date of the Order of Adoption was issued to the adoptive parent. Adoptive parents may avail of
paid maternity and paternity leaves as provided under existing laws for biological parents: Provided,
That the leave benefits in this paragraph shall only be availed if by the adoptive parents within one
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(1) year from the issuance of the Order of Adoption: Provided, further, That the leave benefits in this
paragraph shall not apply in cases of adult adoptions, and in all cases where the adoptive child has
been in the care and custody of the adoptive parent for at least three (3) years before the issuance
of the Order of Adoption by the NACC.
SECTION 37. Civil Registry Record. – An amended certificate of birth shall be issued by the
civil registry, pursuant to the Order of Adoption, attesting to the fact that the adoptee ss the child
of the adopter by being registered with the adopter’s surname. The original birth record shall be
stamped “cancelled” with the annotation of the issuance of an amended birth certificate in its place
and shall be sealed in the civil registry records. The new birth certificate to be issued to the adoptee
shall not bear any notation that it is an amended issue.
SECTION 38. Database. – The NACC shall keep a database showing the date of issuance of
the Order in each case, compliance by the Local Civil Registrar with the preceding SECTION and all
incidents arising after the issuance of the Order of Adoption. This database shall be governed by the
provision on the succeeding SECTION, as well as the provisions of Republic Act No. 10173, otherwise
known as the “Data Privacy Act of 2012”.
SECTION 39. Confidentiality. – All petitions, documents, records, and papers relating to
administrative adoption proceedings in the files of the city or municipal SWDOs, the RACCOs, the
NACC, the DSWD, or any other agency or institution participating in such proceedings shall be kept
strictly confidential. If the disclosure of certain information to a third person is necessary for security
reasons or for purposes connected with or arising out of the administrative adoption and will be for
the best interest of the adoptee, the Executive Director of the NACC may, upon appropriate request,
order the necessary information released, restricting the purposes for which it may be used and in
accordance with the existing laws on data privacy.
In any event, the disclosure of any information shall only be allowed upon the order of the
Executive Director, based on the written request of the adoptee or in the case of a minor adoptee,
his or her legal guardian or the adoptive parent or upon order of any lawful authority.
Any violation of the confidential nature of the records abovementioned shall be punishable
pursuant to the penal provisions of this Act, Republic Act No. 10173 or other relevant laws.
No copy thereof as well as any information relating hereto shall be released without written
authority from the NACC or the written request of any of the following:
(a) The adopted child, with appropriate guidance and counseling, or a duly authorized
representative, spouse, parent, direct descendant, guardian or legal institution legally
in charge of the adopted person, if minor;
(b) The court or proper public official whenever necessary in an administrative, judicial, or
other official proceeding to determine the identity of the parent or parents or of the
circumstances surrounding the birth of the adopted child; and
(c) The nearest kin, in case of death of the adopted child.
The NACC shall ensure that information held by them concerning the origin of the adopted
child, in particular the identity of the biological parents, is preserved.
SECTION 40. Assistance to Indigent PAPs. – Socialized fees may be charged to those who
avail of the administrative adoption proceedings under this Act.
The Public Attorney’s Office (PAO) shall provide free legal assistance including notarization of
documents related thereto whenever warranted for qualified PAPs.
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ARTICLE V
Effects Of Adoption
SECTION 41. Legitimacy. – the adoptee shall be considered the legitimate child of the adopter
for all intents and purposes and as such in entitled to all the rights and obligations provided by law
to legitimate children born to them without discrimination of any kind. To this end, the adoptee
is entitled to love, guidance, and support in keeping with the means of the family. The legitimate
filiation that is created between the adopter and adoptee shall be extended to the adopter’s parents,
adopter’s legitimate siblings, and legitimate descendants.
The adopter is also given the right to choose the name by which the child is to be known,
consistent with the best interest of the child.
SECTION 42. Parental Authority. – Upon issuances of the Order of Adoption, adoption shall
cease as alternative care and becomes parental care. Adoptive parents shall now have full parental
authority over the child. Except in cases where the biological parent is the spouse of the adopter, all
legal ties between the biological parents and the adoptee shall be severed and the same shall then
be vested on the adopters.
In case spouses jointly adopt or one spouse adopts the legitimate child of the other, joint
parental authority shall be exercised by the spouses.
SECTION 43. Succession. – In testate and intestate succession, the adopters and the adoptee
shall have reciprocal rights of succession without distinction from legitimate filiations. However, if
the adoptees and their biological parents have left a will, the law on testamentary succession shall
govern.
ARTICLE VI
Post Adoption Services
SECTION 44. Preliminaries to Adoption Telling. – The adoption social worker handling the
adopted child’s case shall assist the adoptive parents in disclosing to the child the story about the
adoption at an age deemed proper by psychosocial standards: Provided, That the actual disclosure
regarding the adoption shall be the duty of the adoptive parents.
SECTION 45. Search or Tracing of Biological Family. – Upon reaching the age of majority,
the assistance of the NACC, LGU, or the concerned child-caring or child-placing agency may be
sought to trace the adoptee’s biological family and eventually have a face-to-face meet-up. The right
of the adoptee to identity shall take precedence over any other considerations: Provided, That the
adoptee, adoptive parents, and biological parents received adequate preparation from an adoption
social worker regarding the said meet up.
SECTION 46. After-care Monitoring and Submission of Report. – Upon finalization of the
adoption and the receipt of the amended birth certificate of the child, the NACC shall monitor the
parent-child relationship to ensure that the adoption has redounded to the best interest of the child.
A Closing Summary Report shall be prepared by the handling adoption social worker and submitted
to the NACC after completing the after-care monitoring to the adopters and adoptees after one (1)-
year period. Depending on the age and circumstances of the child, the NACC may require additional
visits or reporting after the one (1)-year period.
SECTION 47. Grounds for Rescission of Administrative Adoption. – The adoption may be
rescinded only upon the petition of the adoptee with the NACC, or with the assistance of the SWDO if
the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated
or by his or her guardian on any of the following grounds committed by the adopter(s):
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(a) Repeated physical or verbal maltreatment by the adopter despite having undergone
counseling;
(b) Attempt on the life of the adoptee;
(c) Abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall both be subject to rescission by the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the
Civil Code of the Philippines.
SECTION 48. Venue. – The petition shall be filed with the RACCO where the adoptee resides.
SECTION 49. Time Within Which to File Petition for Rescission. – Upon existence of any
ground or grounds mentioned in SECTION 47 of this Act, the adoptee or the adoption social worker
must file the petition for rescission of adoption before the NACC.
SECTION 50. Order to Answer. – The NACC shall issue an order requiring the adverse party
to answer the petition for rescission within fifteen (15) days from receipt of a copy thereof. The order
and copy of the petition shall be served on the adverse party in such manner as the NACC may direct.
SECTION 51. Decision. – If the NACC finds that the allegations of the petition for rescission
are true, it shall render a decision ordering the rescission of administrative adoption, with or without
costs, as justice requires. The NACC shall:
(a) Order that the parental authority of the biological parent of the adoptee be restored,
upon petition of the biological parents and if in the best interest of the child, if the
adoptee is still a minor or incapacitated, and declare that the reciprocal rights and
obligations of the adopter and the adoptee to each other shall be extinguished. If the
biological parent of the adoptee has not filed a petition for restoration of parental
authority, or is not known, or if restoring the parental authority over the adoptee is
not the latter’s best interest, the NACC shall take legal custody over the adoptee if
still a child;
(b) Declare that successional rights shall revert to its status prior to adoption, as of the
date of decision. Vested rights acquired prior to administrative rescission shall be
respected;
(c) Order the adoptee to use the name stated in the original birth or foundling certificate;
and
(d) Order the Civil Registrar where the adoption order was registered to cancel the new
birth certificate of the adoptee and reinstate the original birth or foundling certificate.
SECTION 52. Service of Decision. – A certified true copy of the decision shall be served
by the petitioner upon the Civil Registrar concerned within thirty (30) days. The Civil Registrar shall
forthwith enter the rescission order in the register and submit proof of compliance to the NACC
within thirty (30) days from the receipt of the order.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Revised Penal Code and special laws if the criminal acts are properly proven.
SECTION 53. Effects of Rescission. – If the petition for rescission of adoption is granted, the
legal custody of the NACC shall be restored if the adoptee is still a child. The reciprocal right and
obligations of the adopters and the adoptee to each other shall be extinguished.
In cases when the petition for rescission of adoption is granted and the biological parents can
prove that they are in a position to support and care for the child and it is in the child’s best interest,
the biological parents may petition the NACC for the restoration of their parental authority over the
child.
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The NACC shall order the Civil Registrar General to cancel the amended birth certificate and
restore the original birth certificate of the adoptee.
Succession rights shall revert to its status prior to adoption, but only as of the date of the
approval of the petition for rescission of adoption. Vested rights acquired prior to rescission shall be
respected.
All the foregoing effects of rescissions of adoption shall be without prejudice to the penalties
imposed under the Revised Penal Code if the criminal acts are properly proven.
ARTICLE VII
Violations And Penalties
SECTION 54. Violations and Penalties. –
(a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
years or a fine of not less than Fifty thousand pesos (P50,000.00), but not more than
Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court
shall be imposed on any person who shall commit any of the following acts:
(1) Obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;
(2) Noncompliance with the procedures and safeguards provided by the law for
adoption; or
(3) Subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the
name of a person who is not the child’s biological parent shall be guilty of simulation of
birth, and shall be imposed the penalty of imprisonment from eight (8) years and one
(1) day to ten (10) years and a fine not exceeding Fifty thousand pesos (P50,000.00).
(c) Any physician, midwife, nurse, or hospital personnel who, in violation of their oath of
profession, shall cooperate in the execution of the abovementioned crime shall suffer
the penalties herein prescribed as well as the penalty of permanent disqualification
from the practice of profession following relevant prescription of the law and governing
authorities.
(d) Any person who shall violate regulations relating to the confidentiality and integrity of
records, documents, and communication of adoption petitions, cases, and processes
shall suffer the penalty of imprisonment ranging from one (1) year to one (1) day to
two (2) years, or a fine of not less than Five thousand pesos (P5,000.00) but not more
than Ten thousand pesos (P10,000.00) or both, at the discretion of the court.
A penalty lower by two (2) degrees than the prescribed for consummated offenses under
this Article shall be imposed upon the principals of the attempt to commit any of the acts herein
enumerated. Acts punishable under this Article, when committed by a syndicate and where it involves
a child shall be considered as an offense constituting child trafficking and shall merit the penalty of
imprisonment from twenty (20) years and one (1) day to forty (40) years.
Act punishable under this Article are deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with one another in carrying out any
of the unlawful acts defined under this Article.
An offender who is a foreign national shall be deported immediately after service of sentence
and perpetually denied entry to the country.
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Any government official, employee, or functionary who shall be found guilty of violating any of
the provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations:
Provided, That upon the filing of a case, either administrative or criminal, said government official,
employee, or functionary concerned shall automatically be suspended until the resolution of the case.
Under this Act, adoption discrimination acts, including labelling, shaming, bullying, negative
stigma, among others, are prohibited. Any person who shall commit said adoption discrimination acts
shall be penalized with a fine of not less than Ten thousand pesos (P10,000.00) but not more than
Twenty thousand pesos (P20,000.00), at the discretion of the court.
ARTICLE VIII
Final Provisions
SECTION 55. Information Dissemination. – The NACC, in coordination with the DILG,
Department of Education (DepEd), Department of Justice (DOJ), Department of Health (DOH), Council
for the Welfare of Children (CWC), Philippine Information Agency (PIA), Civil Service Commission
(CSC), GSIS, Association of Child Caring Agencies of the Philippines (ACCAP), Leagues of Cities and
Municipalities of the Philippines, NGOs focused on child care, and the media, shall disseminate to the
public information regarding this Act and its implementation and ensure that adoption and alternative
child care are portrayed on mass media truthfully and free from stigma and discrimination.
The PIA shall strive to rectify mass media portrayals that adopted children are inferior to other
children, and shall enjoin the Kapisanan ng mga Brodkaster ng Pilipinas, all print, media, and various
social media platforms to disseminate positive information on adoption.
The DOH shall ensure that hospital workers are knowledgeable on adoption processes and the
criminal liability attached to the act of simulating birth records.
SECTION 56. Transitory Clause. – All judicial petitions for domestic adoption pending
in court upon the effectivity of this Act may be immediately withdrawn, and parties of the same
shall be given the option to avail of the benefits of this Act. Upon effectivity of this Act and during
the pendency of the establishment of the NACC, the functions relating to foster care, issuance of
CDCLAA, and adoption under Republic Act No. 11222 shall remain with the DSWD, specifically, its
Program Management Bureau (PMB).
In relation to domestic administrative adoption and inter-country adoption process, a transition

team composed of the DWSD and the ICAB shall act as the NACC. The ICAB Executive Director shall sit
as Chairperson of the transitory team, assisted by the DSWD-PMB Director as the Vice-Chairperson.
Personnel of the DWSD involved in adoption services may be seconded to the transition team during
the three (3)-year period. During this period, social workers already working with adoption cases may
continue to perform all duties assigned to adoption social workers in accordance with the provisions
of this Act.
The functions of the RACCO shall, during the three (3) year period, be performed by the DWSD
field offices (FOs), specifically the Adoption Resource and Referral Units (ARRU) therein. The transition
team shall provide technical assistance and policy guidance to personnel of the FOs in handling
cases. A transitory team shall be created from the DSWD and the ICAB to ensure non-disruption
of performance of functions and continued smooth delivery of services during the migration of all
alternative child care functions and services to the NACC.
During the transition period, all Orders of Adoption issued and signed by the ICAB Executive
Director as chairperson of the transition team, upon the recommendation of its members, shall be
approved by the Secretary of the DSWD, or his representative in the ICAB Board, within a period
of then (10) days from the issuance of said order: Provided, That if no action was taken by either
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the Secretary or his representative in the ICAB Board during the prescribed period, the Order of
Adoption shall be deemed approved.
Upon the establishment of the NACC not later than three (3) years from the effectivity of this
Act, all applications, submissions, and petitions involving child care, including the pre-adoption and
post-adoption services, pending before the PMB and the ICAB shall be immediately forwarded to
the NACC, which shall perform its functions and powers under this Act. Thereafter, the appropriate
personnel of the ICAB and the DSWD involved in alternative child care services shall be permanently
transferred to the NACC. This relevant offices in the regional offices of the DSWD involved in
alternative child care shall, hereafter, be converted into RACCOs.
Upon effectivity of this Act and before the establishment of the NACC, administrative adoption
may be immediately availed of and the necessary guidelines to make the benefits of this Act
immediately operative shall be included in the IRR.
SECTION 57. Designation of the Second Week of June as Adoption and Alternative Child
Care Week. – The second week of June of every year shall be designated as Adoption and Alternative
Child Care Week.
SECTION 58. Appropriations. – The amount necessary for the implementation of the
provisions of this Act shall be included in the General Appropriations Act of the year following its
enactment into law and thereafter.
SECTION 59. Implementing Rules and Regulations (IRR). – The Secretary of the DSWD and
the Executive Director of the ICAB, after due consultation with the PSA, DOJ, DILG, DepEd, DOH,
DOLE, NBI, Philippine Association of Civil Registrars, Juvenile Justice and Welfare Council (JJWC),
National Council on Disability Affairs (NCDA), DFA, PhilHealth, SSS, GSIS, CWC and the Office of the
Solicitor General, and two (2) private individuals representing child-placing and child-caring agencies
shall, within six (6) months from the effectivity of this Act, formulate the necessary guidelines to make
the provisions of this Act operative: Provided, That guidelines to operationalize SECTION 56 of this
Act shall be enacted within three (3) months from the effectivity of this Act.
SECTION 60. Saving Clause. – Nothing in this Act shall affect any right of an adoptee
acquired by judicial proceeding or otherwise before the commencement of this Act.
SECTION 61. Separability Clause. - If any provision or part of this Act is declared unconstitutional
or invalid, the remaining parts or provisions not affected shall remain in full force and effect.
SECTION 62. Repealing Clause. – Republic Act No. 8552 ND Republic Act No. 9523 are
hereby repealed, and Republic Act No. 8043, Republic Act No. 11222, and Republic Act No. 10165
are amended accordingly. All laws, decrees, letters of instruction, executive issuances, resolutions,
orders or parts thereof which are inconsistent with the provisions of this Act are hereby repealed,
modified, or amended accordingly.
SECTION 63. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.
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Title of Law: An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for
Violations thereof
Short Title: N/A
Date of Passage: December 10, 2021
Category of Child’s Rights: Protection, Survival, and Development
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of RA No. 11596
(December 7, 2022)

AN ACT PROHIBITING THE PRACTICE OF CHILD MARRIAGE AND IMPOSING PENALTIES FOR
VIOLATIONS THEREOF
SECTION 1. Declaration of State Policy. – Consistent with SECTION 13, Article II of the
Philippine Constitution, the State recognize the vital role of the youth in nation-building and promotes
and protects their physical, moral, spiritual, intellectual, and social well-being. In the pursuit of this
policy, the State shall abolish all traditional and cultural practices and structures that perpetuate
discrimination, abuse and exploitation of children such as the practice of child marriage.
Further, the State recognizes the role of women in nation-building and shall therefore protect
and promote their empowerment. This entails the abolition of the unequal structures and practices
the perpetuate discrimination and inequality.
The State affirms the human rights of children consistent with its obligations under (1)
international conventions to which the Philippines is a State Party, including the (a) Universal
Declaration of Human Rights; (b) Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages; (c) UN Convention on the Rights of the Child; (d) Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW); (e) Optional Protocol on the
Sale of Children, Child Prostitution and Child Pornography; and (f) Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children; and (2) domestic laws like Republic Act
No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act.”
The State affirms that marriage shall be entered into only with the free and full consent of
capacitated parties, and child betrothal and marriage shall have no legal effect.
Pursuant to these policies, the State thus views child marriage as a practice constituting child abuse
because it debases, degrades, and demeans the intrinsic worth and dignity of children.
SECTION 2. Interpretation of this Act. – In the interpretation of this Act, the best interests of
the child shall be the primary consideration.
SECTION 3. Definition of Terms. – As used in this Act:
(a) Child refers to any human being under eighteen (18) years of age, or any person eighteen
(18) years of age or over but who is unable to fully take care and protect oneself
from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition;
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(b) Child marriage refers to any marriage entered into where one or both parties are children
as defined in the paragraph above, and solemnized in civil or church proceedings,
or in any recognized traditional, cultural or customary manner. It shall include an
informal union or cohabitation outside of wedlock between an adult and a child, or
between children;
(c) Guardians refer to relatives or individuals taking custody of a child in the absence of
the parents, or anyone to whom a child is given or left for care or custody, whether
permanent or temporary; or persons judicially appointed by a competent court as
guardians;
(d) Parents refer to biological parents or adoptive parents; and
(e) Solemnizing officers refers to any person authorized to officiate a marriage under
Executive Order No. 209, otherwise known as “The Family Code of the Philippines,”
or recognized to celebrate marriages by reason of religion, tradition, or customs.
SECTION 4. Unlawful Acts. – The following are declared unlawful and prohibited acts:
(a) Facilitation of Child Marriage. – Any person who causes, fixes, facilitates, or arranges a
child marriage shall suffer the penalty of prision mayor in its medium period and a
fine of not less than Forty thousand pesos (P40,000.00): Provided, however, That
should the perpetrator be an ascendant, parent, adoptive parent, step parent, or
guardian of the child, the penalty shall be prision mayor in its maximum period, or fine
of not less than Fifty thousand pesos (P50,000.00), and perpetual loss of parental
authority: Provided, further, That any person who produces, prints, issues and/or
distributes fraudulent or tampered documents such as birth certificates, affidavits
of delayed registration of birth and/or foundling certificates for the purpose of
misrepresenting the age of a child to facilitate child marriage or evade liability under
this Act shall be liable under this SECTION, without prejudice to liability under other
laws: Provided, finally, That if the perpetrator is a public officer, he or she shall be
dismissed from the service and may be perpetually disqualified from holding office,
at the discretion of the courts;
(b) Solemnization of Child Marriage. – Any person who performs or officiates a child
marriage shall suffer the penalty of prision mayor in its maximum period and a fine
of not less than Fifty thousand pesos (P50,000.00): Provided, however, That if the
perpetrator is a public officer, he or she shall be dismissed from the service and may
be perpetually disqualified from holding office, at the discretion of the courts; and
(c) Cohabitation of an Adult with a Child Outside Wedlock. – An adult partner who cohabits
with a child outside wedlock shall suffer the penalty of prision mayor in its maximum
period and a fine of not less than Fifty thousand pesos (P50,000.00): Provided,
however, That if the perpetrator is a public officer, he or she shall likewise be
dismissed from the service and may be perpetually disqualified from holding office,
at the discretion of the courts: Provided, finally, That this shall be without prejudice
to higher penalties that may be imposed in the Revised Penal Code and other special
laws.
SECTION 5. Public Crimes. – The foregoing unlawful and prohibited acts are deemed public
crimes and be initiated by any concerned individual.
SECTION 6. Legal Effect of a Child Marriage. – Child marriage is void ab initio, and the action
or defense for the declaration of absolute nullity of a child marriage shall not prescribe in accordance
with Articles 35 and 39 of the Family Code of the Philippines. Articles 50 to 54 of the Family Code of
the Philippines shall govern on matters of support, property relations, and custody of children after
the termination of the child marriage.
SECTION 7. Enabling Social Environment. – To reinforce the prohibition and criminalization

of child marriage, the government shall create an enabling social environment where the practice
of child marriage shall not thrive, and for such purpose, the following policies shall be implemented,
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particularly for girls: (a) empowerment of children through the provision of information, skills and
support networks; (b) enhancement of children’s access to and completion of quality education; (c)
provision of economic support and incentives to children and their families; and (d) application of
strategic interventions to influence and empower parents and community leaders to discourage and
eradicate the practice of child marriage.
Culturally-appropriate and comprehensive programs and services shall be formulated by

the Department of Social Welfare and Development (DSWD) in coordination with the government
agencies identified in SECTION 8 of this Act as duty bearers and with concerned civil society
organizations (CSOs) and nongovernment organizations (NGOs). This shall be made and initiated by
the DSWD within six (6) months from the effectivity of this Act.
SECTION 8. Implementing Government Agencies as Duty Bearers. – The provisions of this

Act shall be fully and promptly implemented by the following government departments and agencies
within their respective jurisdictions:
(a) DSWD – shall take the lead in the implementation of this Act and create programs that
will address the prevalence of child marriage and provide appropriate services,
including but not limited to legal services, health services, psychosocial services,
counseling, educational, livelihood and skills development, temporary shelter and all
other assistance necessary to protect victims of child marriage and their offspring. It
shall include awareness campaigns on the negative effects of child marriage;
(b) Council for the Welfare of Children (CWC) – shall work closely with the DSWD in
strengthening policies and creating programs to prohibit and end child marriage. It
shall include the advocacy to prevent child marriage in the Philippine Plan of Action
to End Violence Against Children (PPAEVAC);
(c) Department of Justice (DOJ) – shall ensure that the penal provisions of this Act are
carried out and provide access to justice and legal services to victims through the
Public Attorney’s Office (PAO);
(d) Department of the Interior and Local Government (DILG) – shall institute a systematic
information and prevention campaign against child marriage through barangay-
level education programs and initiatives that are culturally-sensitive and child-
centered. The DILG shall also mandate local government units (LGUs) to provide
basic intervention for the rescue, recovery, rehabilitation and support of victim of
child marriages and their offspring; and establish a system of reporting cases of child
marriage;
(e) Department of Education (DepEd) – shall include culturally-sensitive and age-appropriate
modules and discussions on the impacts and effects of the child marriage in its
comprehensive sexuality education curriculum;
(f) Department of Health (DOH) – shall ensure access to health services for the prevention
of child marriage by providing sexual and reproductive health services and mental
health services for children in child marriages, and appropriate health services for
their offspring;
(g) Supreme Court of the Philippines – shall organize training programs for all relevant courts
on the prevention of child marriage and other provisions of this Act and shall ensure
strict application of the law and its interpretation in the best interests of the child;
(h) Philippine Commission on Women (PCW) – shall integrate dissemination of the provisions
of this Act in programs on public awareness and behavior-change communications;
(i) Commission on Human Rights (CHR) – shall monitor the implementation of this Act as
Gender Ombud and through its Child Rights Center/Desk;
(j) National Commission on Muslim Filipinos (NCMF) – shall include in its program of action
awareness-raising campaigns within Muslim communities on the impacts and effects
of child marriage in the overall health and development of children, monitor and
report cases of child marriages in communities under its jurisdiction, ensure the
faithful implementation of this Act and its interpretation in the best interests of the
child; and
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(k) National Commission for Indigenous Peoples (NCIP) – shall include in its program of
action awareness-raising campaigns within indigenous cultural communities/
indigenous peoples on the impacts and effects of child marriage in the overall
health and development of children, monitor and report cases of child marriages in
communities under its jurisdiction, ensure the faithful implementation of this Act and
its interpretation in the interests of the child.
SECTION 9. Participation of Women, Girls, Youth Organizations, and Civil Society
Organizations. – Implementing government agencies shall ensure continuing consultations with
women, girls, and youth organizations as well as CSOs, whose full and active participation shall be
guaranteed in every step and stage of decision-making processes.
SECTION 10. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity
of this Act, the DSWD as lead agency shall, in coordination with the DOH, the DepEd, the CWC, the
NCMF, the NCIP, and one (1) representative each from CSOs representing women, children, Muslim
Filipinos, and indigenous cultural communities/indigenous peoples, and in consultation with other
concerned government agencies and stakeholders, promulgate rules and regulations to implement
this Act.
SECTION 11. Transitory Provision. – Within one (1) year from the effectivity of this Act, the NCMF
and NCIP shall extensively undertake measures and programs in their respective jurisdictions to
assure full compliance with this Act. During the transition period of one (1) year, the applications
of SECTION 4(a) and (b), and SECTION 5 of this Act to Muslim Filipinos and indigenous cultural
communities/indigenous peoples shall be suspended.
SECTION 12. Separability Clause. – If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and
effect.
SECTION 13. Repealing Clause. – All laws, decrees, executive orders, and issuances, rules
and regulations, or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SECTION 14. Effectivity. - This Act shall take effect immediately after fifteen (15) days after
its publication in the Official Gazette or in one (1) newspaper of general circulation.
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Title of Law: An Act Institutionalizing the Alternative Learning System in Basic Education for
Out-Of-School Children in Special Cases and Adults and Appropriating Funds therefor
Short Title: Alternative Learning System Act
Amended by: N/A

AN ACT INSTITUTIONALIZING THE ALTERNATIVE LEARNING SYSTEM IN BASIC EDUCATION FOR
OUT-OF-SCHOOL CHILDREN IN SPECIAL CASES AND ADULTS AND APPROPRIATING FUNDS
THEREFOR
SECTION 1. Short Title. — This Act shall be known as the “Alternative Learning System Act.”
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to promote
the right of all citizens to quality education at all levels and take the appropriate steps to make such
education accessible to all. The State shall likewise give the highest priority to the enactment of
measures that promote human development and the acceleration of social progress, thereby reducing
social, economic and political inequalities.
Towards this end, the State shall provide the out-of-school children in special cases and adults
with opportunities to improve their knowledge, values, life skills, and readiness for higher education,
work or self-employment through a system of nonformal or indigenous education, or both which are
tailored to respond to their learning needs and life circumstances. The State shall also ensure the close
partnership and collaboration between the government and the private sector in achieving this goal.
SECTION 3. Objectives. — This Act aims to achieve the following objectives:

(a) Provide adequate, timely and quality attention and support to the basic learning needs of
out-of-school children in special cases and adults including indigenous peoples;
(b) Guarantee equitable access for all learners, including those who reside in the unreached,
underserved, conflict-affected communities, and communities in emergency situations
to avail of systematic, flexible and appropriate alternative basic education programs
outside of the formal school system;
(c) Promote lifelong learning opportunities anchored on the Alternative Learning System (ALS)
K to 12 Basic Education Curriculum (BEC) that takes a holistic, integrated and inter-
sectoral approach, and provide pathways across modes of learning that will ensure
learners will become caring, self-reliant, independent, productive, and patriotic citizens,
by allowing such learners to pursue further education, after participating in the ALS
program and passing the accreditation and equivalency assessments or certifications,
or both required by the Department of Education (DepEd), or seek employment;
(d) Hire, capacitate, and deploy ALS Teachers, Community ALS Implementors and Learning
Facilitators to deliver a range of ALS programs especially in far-flung, unserved,
underserved, conflict-affected communities, and communities in emergency situations;
(e) Design specialized programs for learners with disabilities, taking into consideration their
different levels of learning needs and other functional difficulties in the development of
instructional materials and learning resources in accessible format;
(f) Develop, integrate, and utilize nonformal and informal education approaches and strategies
in the delivery of the ALS programs and the assessment of learning outcomes and
competencies of ALS learners by providing flexibility in the duration of learning programs,
learning contents, and delivery strategies, among others;
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(g) Improve access to education and other learning opportunities and raise the level of literacy
to contribute to an individual’s sustainable future; and
(h) Strengthen nonformal basic education programs while ensuring support to the policy of the
DepEd that school age children should be enrolled in formal education, and that they
should be able to return to the formal education system in the event that they drop out.
SECTION 4. Definition of Terms. — For purposes of this Act:
(a) Alternative Learning System K to 12 Basic Education Curriculum (ALS K to 12 BEC) shall refer
to the comprehensive curriculum indicating the competency, content, key stages, and
standards for the ALS program under this Act. The ALS K to 12 BEC is benchmarked
on the DepEd K to 12 formal school curriculum and focuses on the 21st Century Skills:
information, media and technology skills, learning and innovation skills, communication
skills, and life and career skills.
(b) Alternative Learning System Teachers (ALS Teachers) shall refer to DepEd employed
teachers who implement the ALS programs.
(c) Academic-Focused Bridging Programs shall refer to ALS programs that provide continuing
learning opportunities to accreditation and equivalency secondary level test passers
who wish to better prepare for the academic demands and study skills requirements of
tertiary level education or post-secondary vocational training, or both.
(d) Accreditation and Equivalency Assessments and Certifications (A&E Assessments and
Certifications) shall refer to a process in ALS that comprises exams and other assessments
deemed appropriate and anchored on the competencies of the ALS K to 12 BEC.
(e) Accreditation and Equivalency Program (A&E Program) shall refer to a program in ALS aimed
at providing an alternative pathway of learning for out-of-school children in special cases
and adults who have not completed basic education. Through this program, school
dropouts are able to complete elementary and secondary education outside the formal
school system.
(f) Adult shall refer to a person at least eighteen (18) years of age and above.
(g) Alternative Learning System (ALS) shall refer to a parallel learning system that provides
a viable alternative to the existing formal education instruction. It encompasses both
nonformal and informal sources of knowledge and skills.
(h) Basic Literacy Program shall refer to the program component of ALS that is aimed at
eradicating illiteracy among out-of-school children in special cases and adults by
developing basic literacy skills of reading, writing, numeracy, and simple comprehension.
(i) Community Alternative Learning System Implementors (Community ALS Implementors) shall
refer to persons engaged either by the DepEd or any local government unit (LGU) to
deliver ALS programs to out-of-school children in special cases and adults.
(j) Community Learning Center (CLC) shall refer to a physical space to house learning resources
and facilities of a learning program for out-of-school children in special cases and adults.
It is a venue for face-to-face learning activities and other learning opportunities for
community development and improvement of the people’s quality of life.
(k) Functional Education and Literacy Programs shall refer to short-term nonformal education
programs designed to help socioeconomically disadvantaged learners to upgrade a
targeted set of skills, knowledge and selected competencies in the ALS K to 12 BEC
in order to improve their social, political and economic well-being and function more
effectively as citizens, parents, workers and members of the community.
(l) Indigenous Peoples refer to a group of people or homogenous societies identified by self-
ascription and ascription by others, who have continuously lived as organized community
on communally bounded and defined territory, and who have under claims of ownership
since time immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language, customs, tradition and other distinctive cultural traits or
who have, through resistance to political, social and cultural inroads of colonization
became historically differentiated from the majority of the Filipinos.
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(m) Indigenous Peoples Education shall refer to the program that supports education initiatives
undertaken through formal, nonformal, and informal modalities with emphasis on any
of, but not limited to, the key areas of indigenous knowledge systems and practices
and community history, indigenous languages, indigenous learning system (ILS), and
community life cycle-based curriculum and assessment, educational goals, aspirations
and competencies specific to the indigenous cultural community (ICC), engagement of
elders and other community members in the teaching-learning process, assessment, and
management of the initiative, recognition and continuing practice of the community’s
ILS, and the rights and responsibilities of ICCs.
(n) Informal Education shall refer to diverse forms of learning that are intentional or deliberate
but are not institutionalized. It is a lifelong process of learning by which every person
acquires and accumulates knowledge, skills, attitudes and insights from daily experiences
at home, at work, at play and from life itself towards literacy.
(o) Learners with Disabilities shall refer to those who have long-term physical, mental, intellectual
or sensory impairments which in interaction with various barriers may hinder their full
and effective participation in society on equal basis with others.
(p) Learning Facilitators shall refer to teachers financed by the private sector who implement
ALS programs. The private sector shall include nongovernment organizations or
associations, civil society organizations, or individuals.
(q) Micro-certification, also known as micro-credentialing, shall refer to a flexible means of
certifying attainment of specific elements of ALS K to 12 minimum competencies which
can be used by the holder as credential such as in job application, recruitment and
selection.
(r) Nonformal Education (NFE) shall refer to any organized and systematic educational activity
carried outside the framework of the formal education system to provide selected types
of learning to a segment of the population.
(s) Out-of-School Children in Special Cases shall refer to children in the official school age who
are not enrolled in the elementary or secondary schools due to special cases such
as economic, geographic, political, cultural, or social barriers, including learners with
disabilities or conditions, indigenous peoples, children in conflict with the law, learners in
emergency situations, and other marginalized sectors.
SECTION 5. Institutionalizing the ALS. — The ALS is hereby institutionalized to strengthen and
expand the ALS program to provide increased opportunities for out-of-school children in special cases
and adult learners, including indigenous peoples, to develop basic and functional literacy and life skills,
and pursue an equivalent pathway to complete basic education.
SECTION 6. Bureau of Alternative Education (BAE). — The Bureau of Alternative Education
(BAE) shall be created to serve as the focal office for the implementation of the ALS programs of the
DepEd. It shall be headed by a Director.
SECTION 7. Powers and Functions of the BAE. — The BAE shall serve as the focal office for
the policy formulation, curriculum development, learning program delivery and learning materials
development for the ALS program. To ensure the effective implementation of the ALS, the BAE shall
establish quality assurance and support systems and undertake regular learner assessment activities.
It shall have the following powers and functions:
(a) Establish minimum quality standards in the development of the ALS curriculum and learning
materials, program planning, implementation, monitoring, evaluation, and management,
including certification of learning outcomes, recognition of service providers, competency
standards for ALS personnel, and requirements for ALS learning environments, among
others;
(b) Promote and ensure the certification and accreditation of learners through alternative learning
programs, both nonformal and informal in nature, as anchored on the competencies of
the ALS K to 12 BEC;
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(c) In partnership with other government agencies, LGUs, and the private sector, ensure
access to educational opportunities for learners of different interests, learning needs,
capabilities, demographic characteristics, and socioeconomic status, who have been
unable to complete formal basic education;
(d) Coordinate with various agencies and industries for skills development to promote the
learners’ employability, efficiency, productivity, and competitiveness in the labor market,
as well as assist the learners to become entrepreneurs;
(e) Coordinate, encourage close partnerships, and establish linkages with LGUs and the private
sector on matters pertaining to the sustainable implementation of ALS programs,
post-program support activities and community mapping, and manage a nationwide
database for out-of-school children in special cases and adults; and
(f) Such other powers and functions as may be necessary for the effective and efficient
implementation of ALS programs, projects, and activities.
SECTION 8. ALS Programs. — The DepEd shall strengthen the implementation of a range of
priority NFE programs including, but not limited to, the following:
(a) Basic Literacy Program;

(b) A&E Programs;
(c) Indigenous Peoples Education Program;
(d) Academic-Focused Bridging Programs; and
(e) Functional Education and Literacy Programs.
To effectively deliver the NFE programs, the DepEd may utilize appropriate, relevant and
responsive learning modalities, such as:
(a) Modular instruction;

(b) Online, digital or mobile learning;
(c) Face-to-face learning sessions and tutorials;
(d) Radio or television-based instruction;
(e) Blended learning or a combination of various modalities;
(f) Workshops, simulations, and internship to inculcate life skills, work readiness, and
entrepreneurship; and
(g) Provision of inclusive and safe learning environments.
SECTION 9. Duration of ALS Programs. — The DepEd shall prescribe the appropriate minimum
number of months required for the completion of each of the different ALS programs to ensure that the
learners enrolled therein are provided with adequate and quality basic education and skills to complete
the required competencies of the ALS K to 12 BEC.
SECTION 10. A&E Assessment and Certification for ALS Learners. — The DepEd shall regularly
conduct ALS A&E assessments and certifications as a means to measure and certify competencies
of ALS program completers and other learners who opt to secure elementary and secondary level
certifications. It shall also conduct micro-certification of subsets of competencies drawn from the ALS K
to 12 BEC. Such assessments and certifications can be done both at the national and local levels.
Those who pass elementary level A&E are qualified to enroll in junior high school.
Those who pass the junior high school A&E are qualified for senior high school or may enroll in
selected technical vocational education and training programs, as appropriate, through the Technical
Education and Skills Development Authority (TESDA).
Those who pass the senior high school level A&E are qualified for higher education, as
appropriate, provided that they comply with the other basic documentary requirements set by the
schools or higher education institutions (HEIs) as requirements for enrollment. They may also enroll in
technical vocational education and training programs, as appropriate, through the TESDA.
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The DepEd shall develop supplemental learning programs for passers of the ALS A&E
assessments and certifications to enhance their college readiness and facilitate their gainful employment
or self-employment.
Measures shall be undertaken in order for the general public, especially educational and training
institutions, government agencies, and employers to recognize the nature and value of certifications
provided to ALS learners.
SECTION 11. Hiring and Promotion of ALS Teachers; Expansion of the ALS Teachers Program.
— To reach more out-of-school children in special cases and adults and to accommodate learners with
disabilities, the ALS Teachers program shall be strengthened.
The DepEd, in consultation with the Department of Budget and Management and the Civil
Service Commission (CSC), shall create teaching positions and allocate the corresponding salary grades.
The DepEd shall also engage the services of Community ALS Implementors to augment the
needed human resource requirements for the delivery of ALS programs, provided that three (3) years
after the effectivity of this Act, the DepEd shall hire only ALS Teachers.
ALS Teachers are entitled to promotion to the next higher levels based on the qualification
standards of the CSC. The DepEd shall ensure equal opportunities and standard implementation on the
promotion and compensation of ALS Teachers.
SECTION 12. ALS Teachers Education and Training. — In coordination with the Commission on
Higher Education (CHED) and other relevant partners in the government, academe, and the private
sector, and in order to promote the professional growth of ALS Teachers, the DepEd shall develop and
conduct regular training programs and workshops for ALS Teachers, Community ALS Implementors
and Learning Facilitators to ensure that they have the necessary knowledge and capacity to carry
out the programs under the ALS curriculum, as well as enhance their skills on their roles as academic,
administrative, and community leaders.
The same benefits and professional development packages awarded to regular teachers in
terms of fellowships, scholarships, and training opportunities in all learning areas of the basic education
curriculum shall also be given to ALS Teachers.
SECTION 13. Provision of an ALS CLC. — The DepEd or the LGUs, or both shall provide at
least one (1) ALS CLC in every municipality and city throughout the country to facilitate a learning
environment for the full implementation of the ALS K to 12 BEC and other ALS programs. Priority should
be given to areas where there is limited access to formal basic education or higher concentration of
out-of-school children in special cases, or adults lacking basic literacy skills or have dropped out of
formal school, or both.
To augment the number of existing ALS CLCs and those provided under this Act, the facilities
of all DepEd schools throughout the country shall likewise be used as learning centers during no class
days and after regular class hours during class days. Guidelines shall be developed by the BAE in
collaboration with the strands of operations and administration of the DepEd on the use of facilities of
public schools for the delivery of ALS programs.
Each ALS CLC shall be constructed in accordance with the specifications, criteria and other
details provided and approved by the DepEd, in consultation with the municipal or city mayor or duly
authorized LGU representative, to ensure the orderly implementation of ALS programs.
Further, to ensure that every learner has equitable access to ALS programs, every CLC shall be
open and operational seven (7) days a week and be provided with adequate learning resources and
facilities, including a space for childcare for parents attending ALS classes.
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SECTION 14. Recognition of ALS Providers, Standards of ALS Service Delivery, and System of
Rewards and Incentives. — The DepEd shall encourage partnerships with the private sector to ensure
a sustainable implementation of ALS programs. The DepEd shall create a system of recognition and
monitoring of service providers. In consultation with such providers, the DepEd shall formulate and adopt
a set of standards of service delivery, including the qualification, deployment, training, remuneration,
and system of rewards and incentives which are responsive to the needs and distinct situations of the
particular areas where the implementors or facilitators, or both serve. The DepEd shall include in the
Implementing Rules and Regulations of this Act the minimum requirements and conditions for such set
of standards to ensure quality delivery of ALS programs.
SECTION 15. Partnership with Government Agencies. — To effectively deliver quality ALS
programs, the DepEd shall partner with the following government agencies in the implementation of
this Act:
(a) CHED — The CHED shall assist the DepEd in promoting among HEIs the admission of ALS
A&E passers. It shall support the DepEd in the development of college readiness
supplemental programs and provide access to scholarships. The CHED shall likewise
develop a standardized and formalized ALS curriculum for a specialized degree in ALS
teaching;
(b) TESDA — The TESDA shall assist the DepEd in equipping ALS learners with technical-
vocational skills and provide access to national certification, as applicable, to improve
their work readiness. It shall support the DepEd in implementing post-program support
activities including providing access to scholarships;
(c) Department of Labor and Employment — The Department of Labor and Employment shall
promote gainful employment, on-the-job training, and apprenticeship opportunities for
ALS learners;
(d) Department of Trade and Industry — The Department of Trade and Industry, in partnership
with the DepEd, shall promote opportunities for entrepreneurship, including access to
micro-financing and seed capital to ALS learners;
(e) Department of Agriculture — The Department of Agriculture, in partnership with the DepEd,
shall develop a training program for ALS learners and promote opportunities for
agricultural entrepreneurship, including easy access to credit;
(f) Department of Social Welfare and Development — The Department of Social Welfare and
Development shall support the DepEd by sharing its community mapping data, referring
prospective learners, and providing access to other social services to ALS learners;
(g) Department of the Interior and Local Government (DILG) — The Department of the Interior
and Local Government shall help enlist the support of LGUs as DepEd partners in the
implementation of ALS programs. The DepEd shall coordinate with the DILG on matters
requiring LGU participation including, but not limited to, the generation and mapping of
data related to education as a dimension of poverty under Republic Act No. 11315 or the
“Community-Based Monitoring System Act”;
(h) Department of Justice — The Department of Justice shall collaborate with the DepEd to
facilitate, expand, and strengthen the implementation of ALS programs for persons
deprived of liberty;
(i) National Commission on Indigenous Peoples — The National Commission on Indigenous
Peoples shall assist the DepEd to develop a culturally responsive curriculum that
respects and takes into account the indigenous knowledge system and practices and
indigenous learning systems. Such curriculum shall be integrated with the prescribed
ALS curriculum;
(j) Department of Information and Communications Technology — The Department of Information
and Communications Technology shall help the DepEd in the ALS implementation by
providing digital resources to the various ALS CLCs and guidance for the digital literacy
component of the ALS K to 12 BEC and the ALS NFE programs;
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(k) Department of Health — The Department of Health shall assist ALS Teachers in the delivery
of health education and other services that promote the health and well-being of ALS
learners, especially female childbearing youth and adult learners. It shall partner with
the DepEd in providing ALS programs for qualified patients of its various drug treatment
and rehabilitation centers; and
(l) Such other relevant government agencies whose mandated functions and mechanisms are
necessary to effectively and sustainably implement the ALS programs.
SECTION 16. Partnership with LGUs. — The DepEd shall partner with LGUs in the delivery of
ALS programs to their constituents. LGUs shall, in partnership with other government agencies and
stakeholders, help to identify and mobilize prospective ALS learners, provide access to conducive
learning environment, contribute available resources to ALS programs, such as Community ALS
Implementors and ALS CLC sites, promote post-program activities, and introduce local innovations as
may be necessary.
SECTION 17. Local School Board. — The Local School Board, established pursuant to Republic
Act No. 7160 or the “Local Government Code of 1991,” shall perform the following additional functions
in the delivery of ALS programs:
(a) Coordinate ALS implementation with the

(b) DepEd at the city or municipal level, including the identification of priority ALS programs,
provision of technical assistance to ALS Teachers, program monitoring and evaluation,
and coordination with government and private sector partners for post-program support
activities;
(b) Coordinate with the DepEd the determination of the annual supplementary budgetary needs
for the operation and maintenance of ALS programs within the city or municipality;
(c) Ensure the implementation of community literacy mapping activities within the city or
municipality and coordinate with the barangays, the private sector, and other agencies
in the identification of out-of-school children in special cases and adults, who have not
yet completed their basic education; and
(d) Coordinate with the DepEd regarding the provision, operation and maintenance of ALS
CLCs.
SECTION 18. Special Education Fund Authorization. — Notwithstanding the provisions of

SECTIONs 235 and 272 of the Local Government Code of 1991, the Local School Boards shall be
authorized to set aside a portion of the proceeds of the Special Education Fund for the delivery of ALS
programs within the LGUs’ respective areas of jurisdiction, including, but not limited to, the hiring of
additional Community ALS Implementors within the LGU’s area of jurisdiction.
SECTION 19. Mandatory Annual Review and Impact Assessment of the ALS Program. — The
DepEd, in partnership with LGUs and the private sector, shall conduct a mandatory annual review of
the ALS program, and submit such annual report to Congress to measure its effectiveness and ensure
its proper implementation.
An evaluation system shall be established to assess the impact of the ALS program and the
progress of the learners who have completed the program.
SECTION 20. Prohibition from Collection of Fees. — All DepEd ALS programs are free of charge
and collection of all kinds of fees, costs or charges shall not be allowed. ALS Teachers, Community ALS
Implementors, and officers of DepEd administered CLCs found to have violated this provision shall be
held administratively liable.
SECTION 21. Tax Incentives. — Any donation, contribution, or grant, in cash or services, whether
local or foreign, which may be made by individuals and organizations, including private entities which
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shall provide the appropriate services, materials, and delivery support services for the promotion of
the ALS program, shall be exempt from the donor’s tax and the cost of which shall be considered as
an allowable deduction from the gross income in the computation of the income tax of the donor in
accordance with the provisions of the National Internal Revenue Code of 1997, as amended.
SECTION 22. Transportation and Teaching Aid Allowance for ALS Teachers and Community ALS
Implementors. — Notwithstanding the receipt of special hardship and cash allowances, ALS Teachers
and Community ALS Implementors shall be entitled to their corresponding transportation and teaching
aid allowances subject to guidelines that may be issued by the DepEd.
SECTION 23. Appropriations. — The amount necessary for the implementation of this Act
shall be charged against those authorized in the current appropriations of the DepEd. Thereafter, the
amount necessary for the continued implementation of this Act, including the construction or provision
of the ALS CLCs and the payment of transportation and teaching aid allowance for ALS Teachers and
Community ALS Implementors, shall be included in the annual General Appropriations Act.
SECTION 24. Implementing Rules and Regulations. — Within ninety (90) days from the
effectivity of this Act, the DepEd, in consultation with concerned government agencies and other
education stakeholders, shall formulate the rules and regulations implementing the provisions
of this Act. The Implementing Rules and Regulations (IRR) issued pursuant to this SECTION
shall take effect thirty (30) days after its publication in a newspaper of general circulation.
SECTION 25. Transitory Provision. — All existing ALS programs, including ALS centers or facilities,
established pursuant to the provisions of Republic Act No. 9155 or the “Governance of Basic Education Act
of 2001” shall continue to operate pursuant to, and be regulated by, the provisions of this Act and its IRR.
SECTION 26. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.
SECTION 27. Repealing Clause. — All laws, orders, and rules and regulations contrary to,
or inconsistent with, the provisions of this Act are hereby repealed or amended accordingly.
SECTION 28. Effectivity. — Notwithstanding the non-issuance of the IRR, this Act shall take effect
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Title of Law: An Act Creating and Establishing the National Academy of Sports and Providing
Funds therefor
Short Title: The National Academy of Sports
Category of Child’s Rights: Development and Participation
Amended by: N/A

AN ACT CREATING AND ESTABLISHING THE NATIONAL ACADEMY OF SPORTS AND PROVIDING
FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as “The National Academy of Sports.”
SECTION 2. Declaration of Principles. — The State recognizes its role to protect and promote
the right of all citizens to quality education at all levels and to take appropriate steps to make such
education accessible to all. The State also recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. Towards this
end, the State shall establish a national sports program which shall promote physical education and
encourage sports programs, intramurals, league competitions, and amateur sports, including training
for international competitions; foster self-discipline, teamwork, and excellence for the development of
a healthy and alert citizenry; and develop athletes with a strong sense of patriotism and love of country.
It shall institutionalize an educational system within the framework of this national sustainable sports
program and provide excellent training to produce world-class athletes. Such system shall ensure that
measures are in place for the admission of qualified students from all sectors, including indigenous
peoples, persons with disabilities, and other marginalized groups.
SECTION 3. Creation and Establishment of the National Academy of Sports System. — There
is hereby created and established a National Academy of Sports System (NAS System) to develop the
athletic skills and talents of students in world class sports facilities which are at par with international
standards.
The NAS System is hereby mandated to implement a quality and enhanced secondary education
program, integrated with a special curriculum on sports. It shall be geared to the early recognition and
development of highly talented and exceptionally gifted students and those who have demonstrated
the potential of excelling in the field of sports.
The NAS System shall be attached to the Department of Education (DepEd), in close coordination
with the Philippine Sports Commission (PSC).
SECTION 4. Purpose of the NAS System. — The NAS System shall offer, on full scholarship
basis, a secondary education to natural-born Filipino citizens with considerable potential in sports. The
curriculum shall be designed to take into consideration the education and special training needs of the
student-athletes and provide them with a holistic quality education to enable them to excel in their
respective sports and likewise pursue their chosen profession or career.
SECTION 5. Construction and Site of the NAS Main Campus. — After a period of planning not
exceeding one (1) year upon the effectivity of this Act, the main campus of the NAS System shall
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be established at the existing New Clark City Sports Complex, Capas, Tarlac, and shall be equipped
with the necessary sports facilities, housing, and other amenities according to current international
standards. School buildings with sufficient number of classrooms and facilities shall be constructed at
the complex.
The Bases Conversion and Development Authority (BCDA) shall provide the land for the site
by way of usufruct in perpetuity, subject to its utilization as provided for in the preceding paragraph.
The BCDA shall also be in charge of the construction of classrooms, dormitories, and other
sports facilities, and related amenities as may be determined by the Board of Trustees at the New Clark
City campus.
The NAS System shall at all times be given utmost priority in the use of these existing sports
facilities, dormitories, and infrastructure which shall be free of charge as long as utilized to carry out
the purposes and functions of the NAS System, without prejudice to national and international sports
events which will be hosted in the New Clark City and coordinated with the NAS System management.
SECTION 6. Executive Director of the NAS System. — The NAS System shall be headed by an
Executive Director who shall serve for a period of five (5) years. The Executive Director shall be elected
by the members of the Board, based on the guidelines and qualifications set forth in the implementing
rules and regulations of this Act, preferably with a Master’s degree in the field of sports education, sports
science, education, management, and substantial experience in managing an educational institution.
The Board shall likewise fix the compensation of the Executive Director subject to existing
Compensation and Position Classification System.
The Executive Director shall be responsible for the administration and operation of the NAS
System, and shall coordinate the implementation of policies and guidelines set by the Board, in addition
to those specifically provided for in this Act.
SECTION 7. Board of Trustees. — The NAS System shall be governed by a Board of Trustees,
hereinafter referred to as the Board, which shall be composed of the DepEd Secretary as the
Chairperson, the Chairperson of the PSC as Vice Chairperson, and the following as members: (a) the
Executive Director of the NAS System; (b) the President of the Philippine Olympic Committee; (c) the
Chairperson of the Commission on Higher Education (CHED); and (d) two (2) representatives from the
private sector of known expertise in the field of sports, education or both, elected by the members of
the Board.
The representatives from the private sector shall be appointed for a term of two (2) years,
renewable for another two (2) years, without reappointment.
SECTION 8. Powers and Functions of the Board. — The exercise of the powers of the NAS
System is hereby vested exclusively in the Board. The Board shall have the following specific powers
and duties, in addition to its general powers of administration and the exercise of all the powers granted
to the board of directors of a corporation under SECTION 35 of Republic Act No. 11232, otherwise
known as the “Revised Corporation Code of the Philippines”:
(a) To formulate policies, guidelines and criteria in order to rationalize the establishment,
administration and operation of the sports high schools under the NAS System in
accordance with a national sports program;
(b) To identify the satellite branches and regional campuses of the NAS System for later
expansion after the establishment of the main campus of the NAS System as provided
in SECTION 5 hereof;
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(c) To approve the curricula, course of study, and rules of discipline drawn up by the Executive
Committee as hereinafter provided. The curriculum shall be designed to address
the specific training needs of a student-athlete while delivering a holistic and quality
education;
(d) To formulate policies on personnel organization, appointment, promotion, retention or

renewal of contracts, compensation, removal for just cause, rewards, incentives, and
other conditions of employment for administrators, faculty, and staff of the NAS System;
(e) To approve appointments made and contracts entered into by the Executive Director in
connection with the employment of administrative officers, teachers, lecturers, and
other employees of the school;
(f) To determine the conditions of the acceptance of paying students for special programs and
trainings, such as sports camps and clinics, and establish the qualifications and criteria
thereof;
(g) To provide and approve fellowships and trainings for administrators, faculty members, and
staff;
(h) To approve the grant of scholarships, stipends, and such other allowances to deserving
students based on the guidelines and implementing rules and regulations of this Act;
(i) To establish the criteria for the selection and admission of students which shall include,
among others, national competitive trials and examinations;
(j) To recruit the best student athletes from the different regions of the Philippines to be enrolled
in the NAS System to better hone their skills and talents;
(k) To develop the athletic potential of every student together with a sound and strong academic
base;
(l) To provide a training program for students with the end goal of producing athletes who can
compete in international competitions;
(m) To approve the issuance of certificates or diplomas to successful candidates for graduation;
(n) To receive and appropriate for the ends herein specified such sums as may be provided by
law for the support of the NAS System;
(o) To receive, in trust, legacies, gifts, and donations of real and personal properties of all kinds
and to administer the same for the benefit of the NAS System or for aid to any of its
students;
(p) To enact rules and regulations, not contrary to law, as may be necessary to carry out the
purposes and functions of the NAS System; and
(q) To perform any and all other acts incident to or required by virtue of its creation.
SECTION 9. Hiring of Foreign Coaches, Trainers and Consultants. — In addition to the powers
and functions vested to the Board under SECTION 8 of this Act, the Board shall be allowed to approve
the hiring of licensed foreign coaches, trainers, and consultants: Provided, That the PSC shall certify
as to the necessity of hiring such coaches, trainers, and consultants, including a justification that
their competence and skills are not locally available or proven to be incomparable with their local
counterparts.
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The Board shall provide guidelines and mechanisms to ensure that the new knowledge and
training methods introduced by foreign coaches, trainers, and consultants shall be passed on to
student-athletes and local coaches, trainers, and consultants of the NAS System.
SECTION 10. Meetings of the Board. — The Board shall regularly convene at least once every
quarter of the NAS System school calendar: Provided, That upon the effectivity of this Act, the Board
shall immediately convene and conduct monthly meetings for purposes of choosing and appointing the
Executive Director, the members from the academe and sports community, and an organization plan
for the NAS System.
The Chairperson of the Board may call a special meeting whenever necessary: Provided, That
members are notified in writing at least three (3) calendar days before said meeting.
A majority of all members holding office at the time the meeting is called shall constitute a
quorum for Board meetings: Provided, That the Chairperson and the Vice Chairperson of the Board
are among those present in the meeting. In the absence of the Chairperson, an Undersecretary of the
DepEd shall be duly designated by the Chairperson as alternate to sit in the meeting.
All members who are not receiving regular compensation from the government shall receive
reasonable per diem to be determined by the Board for every meeting of the Board, subject to existing
rules and regulations observed by the boards of similar specialized institutions.
SECTION 11. Reporting Requirements and Auditing of Accounts. — The Board shall submit to the
Commission on Audit (COA), Department of Budget and Management (DBM), and Congress a detailed
report on the progress, condition, and needs of the NAS System containing, among others, the financial
statements, statement of assets and liabilities, other revenue sources and program for expenditures,
physical and financial accountability reports, and other similar reportorial requirements on or before
the fourteenth (14th) day of February of each year. All accounts and expenses of the NAS System shall
be audited by the COA or its duly authorized representative.
SECTION 12. Executive Committee. — There shall be an Executive Committee consisting of the
Executive Director, the Deputy Executive Director, as created in SECTION 13 of this Act, the heads
of departments of the NAS System, and such other ranking faculty members or officials of the NAS
System, as may be determined by the Board.
The Committee shall have the power to screen and select the students for admission and the
recipients of scholarships, stipends, and other allowances as well as to develop the curricula, course
of study, and rules of discipline. It shall be responsible for the development of the athletic potential of
students by providing training programs to train athletes who can compete in international competitions.
It shall also implement and execute policies laid down by the Board and exercise such other functions,
powers and duties as the Board may prescribe.
SECTION 13. Deputy Executive Director of the NAS System. — There shall be a Deputy Executive
Director who shall assist the Executive Director. In the absence of the Executive Director, the Deputy
Executive Director shall assume the administrative and supervisory functions of the Executive Director.
The Deputy Executive Director, whose compensation shall be fixed by the Board, shall be
appointed by the Chairperson of the Board, subject to the approval of the members of the Board and
to existing Compensation and Position Classification System.
SECTION 14. Registrar of the NAS System. — There shall be a Registrar of the NAS System who
shall act as the Board Secretary and keep all the records of the NAS System.
The Registrar shall be appointed by the Executive Director, with the approval of the Board.
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SECTION 15. Treasurer of the NAS System. — There shall be a Treasurer of the NAS System who
shall keep custody of its funds and properties.
The Treasurer shall be appointed by the Executive Director, with the approval of the Board.
All accounts and expenses of the NAS System shall be audited by the COA or its duly authorized
representative.
SECTION 16. Personnel of the NAS System. — The Executive Director shall, upon approval of
the Board, employ professional and highly skilled managers, educators, teachers, coaches, trainers,
sports and medical professionals, who are experts in the field, and other personnel with long and vast
experience in sports education and administration to ensure the proper operation and maintenance of
the NAS System, subject to existing Compensation and Position Classification System.
Officers or employees of the government engaged as lecturers in the NAS System may receive
compensation in addition to their salary at a rate to be fixed by the Board subject to existing rules and
regulations: Provided, That their duties as lecturers are performed outside of the regular office hours.
SECTION 17. Payment of National Taxes and Customs Duties. — The payment of national taxes,
including customs duties, of the NAS System shall be charged against the Tax Expenditure Fund (TEF)
provided for in the annual General Appropriations Act.
The NAS System shall be exempt from withholding taxes on the honoraria or fees paid by the
NAS System to visiting lecturers or professors from abroad, subject and pursuant to existing Philippine
tax treaties.
SECTION 18. Tax Deduction and Exemption of Donations and Contributions. — All grants,
legacies, bequests or devises, gifts and donations for the benefit of the NAS System, its support and/
or maintenance, or for aid to any of its students shall be tax-exempt and fully deductible from the
gross income of the donors in accordance with the National Internal Revenue Code (NIRC) of 1997, as
amended.
SECTION 19. Campuses. — The Board shall provide for policies for the organization of future
regional nationally-funded high schools for sports. The Board shall also provide for policies to enter
into a memorandum of agreement with existing locally funded high schools for sports for consideration
as extension campuses or branches of the NAS System. The extension campuses shall be organized
in coordination with the concerned local government unit, the DepEd, and the PSC, and in consultation
with the DBM.
SECTION 20. Joint Congressional Oversight Committee on the NAS System. — There is
hereby created a Joint Congressional Oversight Committee to oversee, monitor, and evaluate the
The Oversight Committee shall be composed of five (5) members each from the Senate and
the House of Representatives, including the Chairpersons of the Committees on Basic Education, Arts
and Culture in the Senate and Basic Education and Culture in the House of Representatives, Youth and
Sports Development, and Finance in the Senate and Appropriations in the House of Representatives.
The membership of the Committee for each House shall have at least one (1) minority member.
SECTION 21. Appropriations. — The Secretary of the DepEd shall immediately include in the
Department’s budget the amount necessary for the effective implementation of this Act which shall be
included in the annual General Appropriations Act.
Upon the effectivity of this Act, the BCDA shall likewise immediately include in its procurement
plan the construction of classrooms, dormitories, and other sports facilities and related amenities for
the NAS main campus whose funding shall also be included in the General Appropriations Act.
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SECTION 22. Implementing Rules and Regulations. — The DepEd and the PSC, in consultation
and coordination with the DBM, the CHED, the Department of Public Works and Highways (DPWH),
the BCDA, and other relevant stakeholders shall promulgate, not later than thirty (30) days upon the
effectivity of this Act, the necessary rules and regulations for its effective implementation: Provided,
That the failure to promulgate such rules and regulations shall not prevent the implementation of this
Act upon its effectivity.
SECTION 23. Separability Clause. — If any part or provision of this Act is declared unconstitutional
or invalid, the remainder of this Act or any provision not affected thereby shall remain to be in full force
and effect.
SECTION 24. Repealing Clause. — All other laws, presidential decrees, executive orders, and
other administrative issuances, rules, regulations or parts thereof which are inconsistent with the
provisions of this Act are hereby modified, superseded or repealed accordingly.
SECTION 25. Effectivity. — This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in a major daily newspaper of national circulation in the Philippines.
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Title of Law: An Act Mandating Public and Private Educational Institutions to Provide Neutral
Desks to Students
Short Title: Mandatory Provision of Neutral Desks in Educational Institutions
Date of Passage: August 22, 2019
Amended by: N/A
AN ACT MANDATING PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS TO PROVIDE NEUTRAL

DESKS TO STUDENTS
SECTION 1. This Act shall be known as the “Mandatory Provision of Neutral Desks in Educational
Institutions Act.”
SECTION 2. The State recognizes the vital role of the youth in nation-building and shall promote
and protect their physical, moral, spiritual, intellectual, and social well-being. It is hereby declared the
policy of the State to promote the equal development of students, including those who are left-handed.
Towards this end, the State shall require educational institutions to provide appropriate armchairs to
address the needs of the left-handed student population.
SECTION 3. It shall be obligatory for all educational institutions, both public and private, that
make use of armchairs in the classroom to provide neutral desks to all students.
Neutral desk shall mean a table or an armchair that is suitable for both right-handed and left-
handed students.
These institutions shall provide neutral desks equivalent to ten percent (10%) of the student
population within one (1) year from the effectivity of this Act. Henceforth, said institutions are mandated
to provide neutral desks to all students.
SECTION 4. Within sixty (60) days from the approval of this Act, the Department of Education,
the Commission on Higher Education, and the Technical Education and Skills Development Authority
shall formulate the rules and regulations including the administrative penalties for noncompliance of the
provisions of this Act.
SECTION 5. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in a newspaper of general circulation.
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Title of Law: An Act Institutionalizing the Grant of Student Fare Discount Privileges on Public
Transportation and for Other Purposes
Short Title: Student Fare Discount Act
Date of Passage: April 17, 2019
Amended by: N/A
AN ACT INSTITUTIONALIZING THE GRANT OF STUDENT FARE DISCOUNT PRIVILEGES ON PUBLIC

TRANSPORTATION AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the “Student Fare Discount Act.”
SECTION 2. Declaration of Policy. — SECTION 1, Article XIV, of the 1987 Constitution states: “The
State shall protect and promote the right of all citizens to quality education at all levels, and shall take
appropriate steps to make such education accessible to all.” In addition, Paragraph 3, SECTION 2 of the
same Article directs the State to establish and maintain a system of scholarship grants, student loan
programs, subsidies, and other incentives, which shall be available to deserving students in both public
and private schools, especially to the underprivileged.
Consistent with these Constitutional mandates, the State shall:
(a) Establish a mechanism that ensures the mandatory grant of a student fare discount privilege;
(b) Enlist the cooperation and support of public transportation utilities in extending assistance
to students as a social responsibility through the observance of this privilege; and
(c) Encourage students, particularly the poor and underprivileged, to pursue quality education
to secure their future and make them responsible citizens.
(a) Student refers to any Filipino citizen currently enrolled in a duly authorized elementary,
secondary, technical-vocational, or higher education institution. The term does not
include those enrolled in post graduate degree courses and informal short-term courses
such as dancing, swimming, music and driving lessons and seminar-type courses;
(b) Public transportation utilities refer to all Philippine common carriers engaged in the
business of carrying or transporting passengers or goods by land, sea/water or air, for
compensation, offering their services to the public; and
(c) Public transportation utility operator refers to the person or entity granted with a Certificate
of Public Convenience by a regulatory agency to operate as a common carrier.
SECTION 4. Coverage. — This Act shall cover all public transportation utilities such as, but not
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limited to, public utility buses (PUBs), public utility jeepneys (PUJs), taxis and other similar vehicles-for-
hire, tricycles, passenger trains, aircrafts and marine vessels. The application of this Act does not cover
school service, shuttle service, tourist service, and any similar service covered by contract or charter
agreement and with valid franchise or permit from the Land Transportation Franchising and Regulatory
Board (LTFRB).
The fare discount granted under this Act shall be available during the entire period while the
student is enrolled, including weekends and holidays: Provided, That, in a case where a promotional
fare, as approved by the concerned regulatory agency, is granted by a public transportation utility
operator, the student shall have the option to choose between the promotional fare and the regular
fare less the discount as provided under this Act.
SECTION 5. Student Fare Discount Privilege. — A student under this Act shall be entitled to
a grant of twenty percent (20%) discount on domestic regular fares, upon personal presentation of
their duly issued school identification cards (IDs) or current validated enrollment form, supported
by the prescribed government-issued identification document, subject to an appropriate verification
mechanism to be provided in the implementing rules and regulations (IRR): Provided, That in the case of
air public transportation utilities, the discount shall only apply to the base fare or the price of the ticket
before taxes and costs for ancillary services.
SECTION 6. Prohibition on Availment of Double Discounts. — The privileges mentioned in this

Act shall not be claimed if the student claims a higher discount as may be granted by the public
transportation utility, or under other existing laws, or in combination with other discount programs or
incentives.
SECTION 7. Tax Deduction. — The public transportation utility operator may claim as tax deduction
the student fare discount herein granted based on the cost of the services rendered: Provided, That the
cost of the discount shall be allowed as deduction from gross income for the same taxable year that the
discount is granted: Provided, further, That the total amount of the tax deduction net of value-added
tax, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to
proper documentation and to the provisions of the National Internal Revenue Code, as amended.
SECTION 8. Additional Relief or Support for the Public Transportation Utility Operator and
Driver. — The foregoing provision notwithstanding, the appropriate government agencies in charge
of regulating the fares, especially for public land transportation, may determine and provide under
the IRR of this Act other alternative ways, such as, but not limited to, reduction or exemption from
some regulatory fees and charges, to provide additional relief or support for the benefit of public
transportation utility operators, including the drivers, with the end view of mitigating the impact of the
discount given.
SECTION 9. Filing of Complaints. — A student who is refused the fare discount privilege under
this Act may file a complaint with:
(a) The LTFRB for land public transportation utilities, except tricycles;
(b) The Maritime Industry Authority (MARINA) for sea/water public transportation utilities;
(c) The Civil Aeronautics Board (CAB) for air public transportation utilities;
(d) The Legal Service of the Department of Transportation (DOTr) for rail public transportation
facilities, including the Manila Light Rail Transit System, the Manila Metro Rail Transit
System and the Philippine National Railway System; and
(e) The Office of the Local Chief Executive of the local government unit concerned for tricycles.
These agencies and offices are hereby authorized to impose the penalties provided for in
SECTION 10 of this Act to public transportation utilities that refuse or fail to grant the student fare
discount privilege.
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SECTION 10. Penalties. — After due investigation and finding the complaint against any public
transportation utility to be true and valid, the following penalties shall be imposed as herein specified:
(a) For Land Public Transportation Utilities, including tricycles:
The driver shall suffer the penalty of suspension of driver’s license for:
(1) One (1) month for the first offense;
(2) Two (2) months for the second offense;
(3) Three (3) months for the third offense; and
(4) Three (3) months plus a fine of One thousand pesos (P1,000.00) for each subsequent
offense.
For the owner or operator of the land public transportation utility: A fine of Five thousand
pesos (P5,000.00) for the first offense; a fine of Ten thousand pesos (P10,000.00) and
impounding of unit for thirty (30) days for the second offense; and a fine of Fifteen
thousand pesos (P15,000.00) and cancellation of Certificate of Public Convenience
(CPC) for the third and subsequent offenses.
(b) For Sea/Water Public Transportation Utilities:
The owner or operator of the sea/water public transportation utility responsible for the refusal
or failure shall be penalized with a fine of:
(1) Five thousand pesos (P5,000.00) for the first offense;
(2) Ten thousand pesos (P10,000.00) for the second offense;
(3) Twenty thousand pesos (P20,000.00) for the third offense; and
(4) Additional increments of Ten thousand pesos (P10,000.00) on top of the fine for the
third offense for each subsequent offense.
(c) For Air Public Transportation Utilities: A fine of Fifty thousand pesos (P50,000.00) for the
first offense; a fine of One hundred thousand pesos (P100,000.00) and a warning for
the second offense; and a fine of One hundred fifty thousand pesos (P150,000.00) and
other sanctions as may be determined by CAB, for the third and subsequent offenses;
and
(d) For Rail Public Transportation Utilities: All rail public transportation utilities are mandated to
observe the aforesaid fare discount privilege and designate a student/senior citizen fare
booth in their boarding stations. Violations thereof shall be sanctioned or fined under
the existing civil service rules. For privately-operated rail public transportation utilities,
the amount of fines prescribed under subparagraph (b) of this SECTION shall apply, to
be imposed by the DOTr.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities
in subparagraphs (b), (c), and (d), with respect to private railways, of this SECTION may also cause the
cancellation or revocation of CPC, permit to operate, franchise, licenses and other privileges granted to
the transportation utilities who fail to comply with the provisions of this Act.
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SECTION 11. Use of Falsified Identification Documents and Misrepresentation. — Any person
who avails or attempts to avail of the privileges under this Act through the use of falsified identification
documents, fraud or any form of misrepresentation shall be denied said privileges and may be subject
to civil and penal liabilities prescribed by law.
SECTION 12. Implementing Rules and Regulations (IRR). — Within ninety (90) days from the
effectivity of this Act, the LTFRB for land transport, MARINA for sea/water transport, CAB for air transport
and the DOTr for rail transport shall respectively promulgate the IRR covering their sectors, taking into
consideration the government central identification platform, in consultation with the Department of
the Interior and Local Government, Department of Finance, Bureau of Internal Revenue, Department
of Education, Commission on Higher Education, Technical Education and Skills Development Authority,
Philippine Statistics Authority, other concerned government agencies, public transportation utility
operators and stakeholders.
SECTION 13. Separability Clause. — If any portion or provision of this Act is declared
invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.
SECTION 14. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules and
regulations, and other issuances or parts thereof that are inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SECTION 15. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
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Title of Law: An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces,
Online, Workplaces, and Educational or Training Institutions, Providing Measures and Pre-
scribing Penalties Therefor
Short Title: Safe Spaces Act
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act
No. 11313 (Safe Spaces Act) (October 28, 2019)
AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE,

WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE
MEASURES AND PRESCRIBING PENALTIES THEREFOR
SECTION 1. Short Title. — This Act shall be known as the “Safe Spaces Act.”
SECTION 2. Declaration of Policies. — It is the policy of the State to value the dignity of every
human person and guarantee full respect for human rights. It is likewise the policy of the State to
recognize the role of women in nation-building and ensure the fundamental equality before the law of
women and men. The State also recognizes that both men and women must have equality, security and
safety not only in private, but also on the streets, public spaces, online, workplaces and educational
and training institutions.
(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in the
form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;
(b) Employee refers to a person, who in exchange for remuneration, agrees to perform specified
services for another person, whether natural or juridical, and whether private or public,
who exercises fundamental control over the work, regardless of the term or duration
of agreement: Provided, That for the purposes of this law, a person who is detailed
to an entity under a subcontracting or secondment agreement shall be considered an
employee;
(c) Employer refers to a person who exercises control over an employee: Provided, That for the
purpose of this Act, the status or conditions of the latter’s employment or engagement
shall be disregarded;
(d) Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values
and expectations identifying the social behavior of men and women, and the relations
between them;
(e) Gender-based online sexual harassment refers to an online conduct targeted at a particular
person that causes or likely to cause another mental, emotional or psychological
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distress, and fear of personal safety, sexual harassment acts including unwanted sexual
remarks and comments, threats, uploading or sharing of one’s photos without consent,
video and audio recordings, cyberstalking and online identity theft;
(f) Gender identity and/or expression refers to the personal sense of identity as characterized,
among others, by manner of clothing, inclinations, and behavior in relation to masculine
or feminine conventions. A person may have a male or female identity with physiological
characteristics of the opposite sex, in which case this person is considered transgender;
(g) Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars,
restaurants, transportation terminals, public markets, spaces used as evacuation
centers, government offices, public utility vehicles as well as private vehicles covered by
app-based transport network services and other recreational spaces such as, but not
limited to, cinema halls, theaters and spas; and
(h) Stalking refers to conduct directed at a person involving the repeated visual or physical
proximity, non-consensual communication, or a combination thereof that cause or will
likely cause a person to fear for one’s own safety or the safety of others, or to suffer
emotional distress.
ARTICLE I
Gender-Based Streets and Public Spaces Sexual Harassment
SECTION 4. Gender-Based Streets and Public Spaces Sexual Harassment. — The crimes of
gender-based streets and public spaces sexual harassment are committed through any unwanted and
uninvited sexual actions or remarks against any person regardless of the motive for committing such
action or remarks.
Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling,
unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited
comments or gestures on a person’s appearance, relentless requests for personal details, statement
of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any
advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal
space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks.
Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in
buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets,
transportation terminals or public utility vehicles.
SECTION 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts
and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places
Open to the Public. — Restaurants, bars, cinemas, malls, buildings and other privately-owned places
open to the public shall adopt a zero-tolerance policy against gender-based streets and public spaces
sexual harassment. These establishments are obliged to provide assistance to victims of gender-based
sexual harassment by coordinating with local police authorities immediately after gender-based sexual
harassment is reported, making CCTV footage available when ordered by the court, and providing a
safe gender-sensitive environment to encourage victims to report gender-based sexual harassment at
the first instance.
All restaurants, bars, cinemas and other places of recreation shall install in their business
establishments clearly-visible warning signs against gender-based public spaces sexual harassment,
including the anti-sexual harassment hotline number in bold letters, and shall designate at least one
(1) anti-sexual harassment officer to receive gender-based sexual harassment complaints. Security
guards in these places may be deputized to apprehend perpetrators caught in flagrante delicto and
are required to immediately coordinate with local authorities.
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SECTION 6. Gender-Based Sexual Harassment in Public Utility Vehicles. — In addition to the
penalties in this Act, the Land Transportation Office (LTO) may cancel the license of perpetrators
found to have committed acts constituting sexual harassment in public utility vehicles, and the Land
Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise of
transportation operators who commit gender-based streets and public spaces sexual harassment acts.
Gender-based sexual harassment in public utility vehicles (PUVs) where the perpetrator is the driver
of the vehicle shall also constitute a breach of contract of carriage, for the purpose of creating a
presumption of negligence on the part of the owner or operator of the vehicle in the selection and
supervision of employees and rendering the owner or operator solidarily liable for the offenses of the
employee.
SECTION 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed

by Minors. — In case the offense is committed by a minor, the Department of Social Welfare and
Development (DSWD) shall take necessary disciplinary measures as provided for under Republic Act
No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006.”
SECTION 8. Duties of Local Government Units (LGUs). — Local Government Units (LGUs) shall
bear primary responsibility in enforcing the provisions under Article I of this Act. LGUs shall have the
following duties:
(a) Pass an ordinance which shall localize the applicability of this Act within sixty (60) days of
its effectivity;
(b) Disseminate or post in conspicuous places a copy of this Act and the corresponding
ordinance;
(c) Provide measures to prevent gender-based sexual harassment in educational institutions,

such as information campaigns and anti-sexual harassment seminars;
(d) Discourage and impose fines on acts of gender-based sexual harassment as defined in this
Act;
(e) Create an anti-sexual harassment hotline; and
(f) Coordinate with the Department of the Interior and Local Government (DILG) on the
SECTION 9. Role of the DILG. — The DILG shall ensure the full implementation of this Act by:
(a) Inspecting LGUs if they have disseminated or posted in conspicuous places a copy of this
Act and the corresponding ordinance;
(b) Conducting and disseminating surveys and studies on best practices of LGUs in implementing
this Act; and
(c) Providing capacity-building and training activities to build the capability of local government
officials to implement this Act in coordination with the Philippine Commission on Women
(PCW), the Local Government Academy (LGA) and the Development Academy of the
Philippines (DAP).
SECTION 10. Implementing Bodies for Gender-Based Sexual Harassment in Streets and Public
Spaces. — The Metro Manila Development Authority (MMDA), the local units of the Philippine National
Police (PNP) for other provinces, and the Women and Children’s Protection Desk (WCPD) of the PNP
shall have the authority to apprehend perpetrators and enforce the law: Provided, That they have
undergone prior Gender Sensitivity Training (GST). The PCW, DILG and Department of Information
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and Communications Technology (DICT) shall be the national bodies responsible for overseeing the
implementation of this Act and formulating policies that will ensure the strict implementation of this Act.
For gender-based streets and public spaces sexual harassment, the MMDA and the local units of
the PNP for the provinces shall deputize its enforcers to be Anti-Sexual Harassment Enforcers (ASHE).
They shall be deputized to receive complaints on the street and immediately apprehend a perpetrator
if caught in flagrante delicto. The perpetrator shall be immediately brought to the nearest PNP station
to face charges of the offense committed. The ASHE unit together with the Women’s and Children’s
Desk of PNP stations shall keep a ledger of perpetrators who have committed acts prohibited under
this Act for purposes of determining if a perpetrator is a first-time, second-time or third-time offender.
The DILG shall also ensure that all local government bodies expedite the receipt and processing of
complaints by setting up an Anti-Sexual Harassment Desk in all barangay and city halls and to ensure
the set-up of CCTVs in major roads, alleys and sidewalks in their respective areas to aid in the filing
of cases and gathering of evidence. The DILG, the DSWD in coordination with the Department of
Health (DOH) and the PCW shall coordinate if necessary to ensure that victims are provided the proper
psychological counseling support services.
SECTION 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and
Public Spaces. — The following acts are unlawful and shall be penalized as follows:
(a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting,
cursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs,
persistent unwanted comments on one’s appearance, relentless requests for one’s
personal details such as name, contact and social media details or destination, the use of
words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation,
identity and/or expression including sexist, homophobic, and transphobic statements
and slurs, the persistent telling of sexual jokes, use of sexual names, comments and
demands, and any statement that has made an invasion on a person’s personal space
or threatens the person’s sense of personal safety —
(1) The first offense shall be punished by a fine of One thousand pesos (P1,000.00)
and community service of twelve (12) hours inclusive of attendance to a Gender
Sensitivity Seminar to be conducted by the PNP in coordination with the LGU
and the PCW;
(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of
Three thousand pesos (P3,000.00);
(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten
thousand pesos (P10,000.00).
(b) For acts such as making offensive body gestures at someone, and exposing private parts
for the sexual gratification of the perpetrator with the effect of demeaning, harassing,
threatening or intimidating the offended party including flashing of private parts, public
masturbation, groping, and similar lewd sexual actions —
(1) The first offense shall be punished by a fine of Ten thousand pesos (P10,000.00)
and community service of twelve (12) hours inclusive of attendance to a Gender
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU
and the PCW;
(2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine of
Fifteen thousand pesos (P15,000.00);
(3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months)
and a fine of Twenty thousand pesos (P20,000.00).
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(c) For acts such as stalking, and any of the acts mentioned in SECTION 11 paragraphs (a) and (b),
when accompanied by touching, pinching or brushing against the body of the offended
person; or any touching, pinching, or brushing against the genitalia, face, arms, anus,
groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even when
not accompanied by acts mentioned in SECTION 11 paragraphs (a) and (b) —
(1) The first offense shall be punished by arresto menor (11 to 30 days) or a fine of Thirty
thousand pesos (P30,000.00), provided that it includes attendance in a Gender
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU
and the PCW;
(2) The second offense shall be punished by arresto mayor (1 month and 1 day to 6
months) or a fine of Fifty thousand pesos (P50,000.00);
(3) The third offense shall be punished by arresto mayor in its maximum period or a fine
of One hundred thousand pesos (P100,000.00).
ARTICLE II
Gender-Based Online Sexual Harassment
SECTION 12. Gender-Based Online Sexual Harassment. — Gender-based online sexual harassment
includes acts that use information and communications technology in terrorizing and intimidating victims
through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic,
homophobic and sexist remarks and comments online whether publicly or through direct and private
messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and
sharing without the consent of the victim, any form of media that contains photos, voice, or video with
sexual content, any unauthorized recording and sharing of any of the victim’s photos, videos, or any
information online, impersonating identities of victims online or posting lies about victims to harm their
reputation, or filing false abuse reports to online platforms to silence victims.
SECTION 13. Implementing Bodies for Gender-Based Online Sexual Harassment. — For gender-
based online sexual harassment, the PNP Anti-Cybercrime Group (PNPACG) as the National Operational
Support Unit of the PNP is primarily responsible for the implementation of pertinent Philippine laws
on cybercrime, shall receive complaints of gender-based online sexual harassment and develop an
online mechanism for reporting real-time gender-based online sexual harassment acts and apprehend
perpetrators. The Cybercrime Investigation and Coordinating Center (CICC) of the DICT shall also
coordinate with the PNPACG to prepare appropriate and effective measures to monitor and penalize
gender-based online sexual harassment.
SECTION 14. Penalties for Gender-Based Online Sexual Harassment. — The penalty of prision
correccional in its medium period or a fine of not less than One hundred thousand pesos (P100,000.00)
but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court
shall be imposed upon any person found guilty of any gender-based online sexual harassment.
If the perpetrator is a juridical person, its license or franchise shall be automatically deemed
revoked, and the person liable shall be the officers thereof, including the editor or reporter in the case
of print media, and the station manager, editor and broadcaster in the case of broadcast media. An
alien who commits gender-based online sexual harassment shall be subject to deportation proceedings
after serving sentence and payment of fines.
Exemption to acts constitutive and penalized as gender-based online sexual harassment are
authorized written orders of the court for any peace officer to use online records or any copy thereof
as evidence in any civil, criminal investigation or trial of the crime: Provided, That such written order shall
only be issued or granted upon written application and the examination under oath or affirmation of
the applicant and the witnesses may produce, and upon showing that there are reasonable grounds to
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believe that gender-based online sexual harassment has been committed or is about to be committed,
and that the evidence to be obtained is essential to the conviction of any person for, or to the solution
or prevention of such crime.
Any record, photo or video, or copy thereof of any person that is in violation of the preceding
SECTIONs shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative
hearing or investigation.
ARTICLE III
Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment
SECTION 15. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment. —
The penalty next higher in degree will be applied in the following cases:
(a) If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys,
taxis, tricycles, or app-based transport network vehicle services, where the perpetrator
is the driver of the vehicle and the offended party is a passenger;
(b) If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a
breastfeeding mother nursing her child;
(c) If the offended party is diagnosed with a mental problem tending to impair consent;
(d) If the perpetrator is a member of the uniformed services, such as the PNP and the Armed
Forces of the Philippines (AFP), and the act was perpetrated while the perpetrator was
in uniform; and
(e) If the act takes place in the premises of a government agency offering frontline services to
the public and the perpetrator is a government employee.
ARTICLE IV
Gender-Based Sexual Harassment in the Workplace
SECTION 16. Gender-Based Sexual Harassment in the Workplace. — The crime of gender-based
sexual harassment in the workplace includes the following:
(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for
sexual favors or any act of sexual nature, whether done verbally, physically or through
the use of technology such as text messaging or electronic mail or through any other
forms of information and communication systems, that has or could have a detrimental
effect on the conditions of an individual’s employment or education, job performance
or opportunities;
(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a
person, which is unwelcome, unreasonable, and offensive to the recipient, whether
done verbally, physically or through the use of technology such as text messaging or
electronic mail or through any other forms of information and communication systems;
(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating
environment for the recipient: Provided, That the crime of gender-based sexual
harassment may also be committed between peers and those committed to a superior
officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
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(d) Information and communication system refers to a system for generating, sending, receiving,
storing or otherwise processing electronic data messages or electronic documents and
includes the computer system or other similar devices by or in which data are recorded
or stored and any procedure related to the recording or storage of electronic data
messages or electronic documents.
SECTION 17. Duties of Employers. — Employers or other persons of authority, influence or moral
ascendancy in a workplace shall have the duty to prevent, deter, or punish the performance of acts
of gender-based sexual harassment in the workplace. Towards this end, the employer or person of
authority, influence or moral ascendancy shall:
(a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the workplace;
(b) Provide measures to prevent gender-based sexual harassment in the workplace, such as the
conduct of anti-sexual harassment seminars;
(c) Create an independent internal mechanism or a committee on decorum and investigation

to investigate and address complaints of gender-based sexual harassment which shall:
(1) Adequately represent the management, the employees from the supervisory rank,
the rank-and-file employees, and the union, if any;
(2) Designate a woman as its head and not less than half of its members should be
women;
(3) Be composed of members who should be impartial and not connected or related to
the alleged perpetrator;
(4) Investigate and decide on the complaints within ten (10) days or less upon receipt
thereof;
(5) Observe due process;
(6) Protect the complainant from retaliation; and
(7) Guarantee confidentiality to the greatest extent possible.
(d) Provide and disseminate, in consultation with all persons in the workplace, a code of conduct
or workplace policy which shall:
(1) Expressly reiterate the prohibition on gender-based sexual harassment;
(2) Describe the procedures of the internal mechanism created under SECTION 17 (c) of
this Act; and
(3) Set administrative penalties.
SECTION 18. Duties of Employees and Co-Workers. — Employees and co-workers shall have the
duty to:
(a) Refrain from committing acts of gender-based sexual harassment;
(b) Discourage the conduct of gender-based sexual harassment in the workplace;
(c) Provide emotional or social support to fellow employees, co-workers, colleagues or peers
who are victims of gender-based sexual harassment; and
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(d) Report acts of gender-based sexual harassment witnessed in the workplace.
SECTION 19. Liability of Employers. — In addition to liabilities for committing acts of gender-
based sexual harassment, employers may also be held responsible for:
(a) Non-implementation of their duties under SECTION 17 of this Act, as provided in the penal
provisions; or
(b) Not taking action on reported acts of gender-based sexual harassment committed in the
workplace.
Any person who violates SUBSECTION (a) of this SECTION, shall upon conviction, be penalized
with a fine of not less than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos
(P10,000.00).
Any person who violates SUBSECTION (b) of this SECTION, shall upon conviction, be penalized
with a fine of not less than Ten thousand pesos (P10,000.00) nor more than Fifteen thousand pesos
(P15,000.00).
SECTION 20. Routine Inspection. — The Department of Labor and Employment (DOLE) for
the private sector and the Civil Service Commission (CSC) for the public sector shall conduct yearly
spontaneous inspections to ensure compliance of employers and employees with their obligations
under this Act.
ARTICLE V
Gender-Based Sexual Harassment in Educational and Training Institutions
SECTION 21. Gender-Based Sexual Harassment in Educational and Training Institutions. — All
schools, whether public or private, shall designate an officer-in-charge to receive complaints regarding
violations of this Act, and shall ensure that the victims are provided with a gender-sensitive environment
that is both respectful to the victims’ needs and conducive to truth-telling.
Every school must adopt and publish grievance procedures to facilitate the filing of complaints
by students and faculty members. Even if an individual does not want to file a complaint or does
not request that the school take any action on behalf of a student or faculty member and school
authorities have knowledge or reasonably know about a possible or impending act of gender-based
sexual harassment or sexual violence, the school should promptly investigate to determine the veracity
of such information or knowledge and the circumstances under which the act of gender-based sexual
harassment or sexual violence were committed, and take appropriate steps to resolve the situation. If
a school knows or reasonably should know about acts of gender-based sexual harassment or sexual
violence being committed that creates a hostile environment, the school must take immediate action to
eliminate the same acts, prevent their recurrence, and address their effects.
Once a perpetrator is found guilty, the educational institution may reserve the right to strip the
diploma from the perpetrator or issue an expulsion order.
The Committee on Decorum and Investigation (CODI) of all educational institutions shall address
gender-based sexual harassment and online sexual harassment in accordance with the rules and
procedures contained in their CODI manual.
SECTION 22. Duties of School Heads. — School heads shall have the following duties:
(a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution;
(b) Provide measures to prevent gender-based sexual harassment in educational institutions,

like information campaigns;
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(c) Create an independent internal mechanism or a CODI to investigate and address complaints
of gender-based sexual harassment which shall:
(1) Adequately represent the school administration, the trainers, instructors, professors
or coaches and students or trainees, students and parents, as the case may be;
(2) Designate a woman as its head and not less than half of its members should be
women;
(3) Ensure equal representation of persons of diverse sexual orientation, identity and/or
expression, in the CODI as far as practicable;
(4) Be composed of members who should be impartial and not connected or related to
the alleged perpetrator;
(5) Investigate and decide on complaints within ten (10) days or less upon receipt thereof;
(6) Observe due process;
(7) Protect the complainant from retaliation; and
(8) Guarantee confidentiality to the greatest extent possible.
(d) Provide and disseminate, in consultation with all persons in the educational institution, a
code of conduct or school policy which shall:
(1) Expressly reiterate the prohibition on gender-based sexual harassment;
(2) Prescribe the procedures of the internal mechanism created under this Act; and
(3) Set administrative penalties.
SECTION 23. Liability of School Heads. — In addition to liability for committing acts of gender-
based sexual harassment, principals, school heads, teachers, instructors, professors, coaches, trainers,
or any other person who has authority, influence or moral ascendancy over another in an educational
or training institution may also be held responsible for:
(a) Non-implementation of their duties under SECTION 22 of this Act, as provided in the penal
provisions; or
(b) Failure to act on reported acts of gender-based sexual harassment committed in the
educational institution.
Any person who violates subsection (a) of this SECTION, shall upon conviction, be penalized
with a fine of not less than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos
(P10,000.00).
Any person who violates subsection (b) of this SECTION, shall upon conviction, be penalized
with a fine of not less than Ten thousand pesos (P10,000.00) nor more than Fifteen thousand pesos
(P15,000.00).
SECTION 24. Liability of Students. — Minor students who are found to have committed acts of
gender-based sexual harassment shall only be held liable for administrative sanctions by the school as
stated in their school handbook.
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SECTION 25. Routine Inspection. — The Department of Education (DepEd), the Commission on
Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA) shall
conduct regular spontaneous inspections to ensure compliance of school heads with their obligations
under this Act.
ARTICLE VI
Common Provisions
SECTION 26. Confidentiality. — At any stage of the investigation, prosecution and trial of an
offense under this Act, the rights of the victim and the accused who is a minor shall be recognized.
SECTION 27. Restraining Order. — Where appropriate, the court, even before rendering a final
decision, may issue an order directing the perpetrator to stay away from the offended person at a
distance specified by the court, or to stay away from the residence, school, place of employment, or
any specified place frequented by the offended person.
SECTION 28. Remedies and Psychological Counselling. — A victim of gender-based street, public
spaces or online sexual harassment may avail of appropriate remedies as provided for under the law as
well as psychological counselling services with the aid of the LGU and the DSWD, in coordination with
the DOH and the PCW. Any fees to be charged in the course of a victim’s availment of such remedies
or psychological counselling services shall be borne by the perpetrator.
SECTION 29. Administrative Sanctions. — Above penalties are without prejudice to any
administrative sanctions that may be imposed if the perpetrator is a government employee.
SECTION 30. Imposition of Heavier Penalties. — Nothing in this Act shall prevent LGUs from
coming up with ordinances that impose heavier penalties for the acts specified herein.
SECTION 31. Exemptions. — Acts that are legitimate expressions of indigenous culture and
tradition, as well as breastfeeding in public shall not be penalized.
ARTICLE VII
Final Provisions
SECTION 32. PNP Women and Children’s Desks. — The women and children’s desks now
existing in all police stations shall act on and attend to all complaints covered under this Act. They
shall coordinate with ASHE officers on the street, security guards in privately-owned spaces open
to the public, and anti-sexual harassment officers in government and private offices or schools in the
enforcement of the provisions of this Act.
SECTION 33. Educational Modules and Awareness Campaigns. — The PCW shall take the
lead in a national campaign for the awareness of the law. The PCW shall work hand-in-hand with the
DILG and duly accredited women’s groups to ensure all LGUs participate in a sustained information
campaign and the DICT to ensure an online campaign that reaches a wide audience of Filipino internet-
users. Campaign materials may include posters condemning different forms of gender-based sexual
harassment, informing the public of penalties for committing gender-based sexual harassment, and
infographics of hotline numbers of authorities.
All schools shall educate students from the elementary to tertiary level about the provisions
of this Act and how they can report cases of gender-based streets, public spaces and online sexual
harassment committed against them. School courses shall include age-appropriate educational modules
against gender-based streets, public spaces and online sexual harassment which shall be developed by
the DepEd, the CHED, the TESDA and the PCW.
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SECTION 34. Safety Audits. — LGUs are required to conduct safety audits every three (3)
years to assess the efficiency and effectivity of the implementation of this Act within their jurisdiction.
Such audits shall be multisectoral and participatory, with consultations undertaken with schools, police
officers, and civil society organizations.
SECTION 35. Appropriations. — Such amounts as may be necessary for the implementation
of this Act shall be indicated under the annual General Appropriations Act (GAA). National and local
government agencies shall be authorized to utilize their mandatory Gender and Development (GAD)
budget, as provided under Republic Act No. 9710, otherwise known as “The Magna Carta of Women”
for this purpose. In addition, LGUs may also use their mandatory twenty percent (20%) allocation of
their annual internal revenue allotments for local development projects as provided under SECTION 287
of Republic Act No. 7160, otherwise known as the “Local Government Code of 1991.”
SECTION 36. Prescriptive Period. — Any action arising from the violation of any of the provisions
of this Act shall prescribe as follows:
(a) Offenses committed under SECTION 11 (a) of this Act shall prescribe in one (1) year;
(b) Offenses committed under SECTION 11 (b) of this Act shall prescribe in three (3) years;
(c) Offenses committed under SECTION 11 (c) of this Act shall prescribe in ten (10) years;
(d) Offenses committed under SECTION 12 of this Act shall be imprescriptible; and
(e) Offenses committed under SECTIONs 16 and 21 of this Act shall prescribe in five (5) years.
SECTION 37. Joint Congressional Oversight Committee. — There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and to review the
implementing rules and regulations promulgated. The Committee shall be composed of five (5) Senators
and five (5) Representatives to be appointed by the Senate President and the Speaker of the House
of Representatives, respectively. The Oversight Committee shall be co-chaired by the Chairpersons
of the Senate Committee on Women, Children, Family Relations and Gender Equality and the House
Committee on Women and Gender Equality.
effectivity of this Act, the PCW as the lead agency, in coordination with the DILG, the DSWD, the
PNP, the Commission on Human Rights (CHR), the DOH, the DOLE, the DepEd, the CHED, the DICT,
the TESDA, the MMDA, the LTO, and at least three (3) women’s organizations active on the issues of
gender-based violence, shall formulate the implementing rules and regulations (IRR) of this Act.
SECTION 39. Separability Clause. — If any provision or part hereof is held invalid or unconstitutional,
the remaining provisions not affected thereby shall remain valid and subsisting.
SECTION 40. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.
the Official Gazette or in any two (2) newspapers of general circulation in the Philippines
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Title of Law: An Act Providing for the Special Protection of Child Passengers in Motor Vehi-
cles and Appropriating Funds Therefor
Short Title: Child Safety in Motor Vehicles Act
Date of Passage: February 22, 2019
Type of Law: Civil and Administrative
Amended by: N/A
No. 11229 or the “Child Safety in Motor Vehicles Act” (December 23, 2019)
AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILD PASSENGERS IN MOTOR VEHICLES
AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as the “Child Safety in Motor Vehicles Act.”
SECTION 2. Declaration of Policy. — It is the policy of the State to ensure the safety of children
while being transported in any form of motor vehicle. The State recognizes the right of children to
assistance, including proper care, and special protection from all forms of neglect, abuse and other
conditions prejudicial to their development, including exposure to safety risks while aboard motor
vehicles.
In order to guarantee the safety and welfare of infants and children and prevent traffic-related
deaths and injuries, there is a need to adequately, consistently and objectively require, regulate, promote,
and inform the public on the use of child restraint systems in motor vehicles and provide access to safe,
appropriate, quality and affordable child restraint systems, in accordance with international standards
accepted by the United Nations.
Furthermore, there is also a need to study and determine appropriate safety measures for
children being transported in public utility vehicles.
SECTION 3. Definition of Terms. — For purposes of this Act, the term:
(a) Adult refers to any person eighteen (18) years old and above;
(b) Child refers to any person twelve (12) years old and below;
(c) Covered vehicle refers to any private motor vehicle or public motor vehicle upon the
determination of the Department of Transportation (DOTr) in accordance with SECTION
12 of this Act;
(d) Motor vehicle shall refer to both private and public motor vehicles. The term shall not include
the tricycle and motorcycle;
(e) Private motor vehicle shall refer to any of the following:
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(1) Any motor vehicle owned by individuals and juridical persons for private use;
(2) Any motor vehicle owned by the National Government or any of its agencies,
instrumentalities or political subdivisions, including government-owned or
-controlled corporations or their subsidiaries for official use; and
(3) Any diplomatic vehicle.
(f) Public motor vehicle shall refer to public utility vehicle or vehicle for hire;
(g) Driver refers to the individual operating a motor vehicle; and
(h) Child Restraint System refers to a device, approved in accordance with SECTION 6 of this
Act, capable of accommodating a child occupant in a sitting or supine position. It is so
designed as to diminish the risk of injury to the wearer, in the event of a collision or of
abrupt deceleration of the vehicle, by limiting the mobility of the child’s body.
SECTION 4. Mandatory Use of Child Restraint System in Motor Vehicles. — It shall be unlawful
for the driver of a covered vehicle not to properly secure at all times a child, in a child restraint system
while the engine is running or transporting such child on any road, street or highway unless the child is
at least one hundred fifty (150) centimeters or fifty-nine (59) inches in height and is properly secured
using the regular seat belt. The child restraint system shall be appropriate to the child’s age, height and
weight, and approved in accordance with SECTION 6 of this Act.
The requirements of this SECTION shall not apply to circumstances where the child restraint
system would put such child in a greater danger, such as:
(1) During medical emergencies;
(2) When the child transported has a medical or developmental condition; or
(3) Other analogous circumstances prescribed under the implementing rules and regulations
(IRR).
Notwithstanding the child being secured in a child restraint system, at no instance shall such
child be left unaccompanied by an adult in a motor vehicle.
SECTION 5. Children in Rear Seats. — No child twelve (12) years and below of age shall be
allowed to sit in a front seat of a motor vehicle with a running engine or while such child is being
transported on any road, street or highway, unless the child meets the height requirement set forth in
SECTION 4 of this Act and is properly secured using the regular seat belt in the front seat.
SECTION 6. Safety Standards for Child Restraint Systems. — The Department of Trade and
Industry (DTI) is mandated to use standards set forth in United Nations Regulation 44 and United
Nations Regulation 129 including its evolving standards and other acceptable international standards in
the approval or disapproval of child restraint systems that will be manufactured, sold, distributed and
used in the Philippines. Such standards shall be periodically updated based on current United Nations
Regulations concerning Child Restraint Systems.
All manufacturers, importers, distributors and sellers of child restraint systems are required to
secure from the Bureau of Product Standards (BPS) a Philippine Standards (PS) mark license or Import
Clearance Certificate (ICC) license prior to the marketing, sale and distribution of their products. The
BPS shall issue periodically a list of child restraint systems manufacturers, importers and distributors,
and the brands which pass its standards to be published in a newspaper of general circulation or in its
website.
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The use of child restraint system acquired prior to the effectivity of this Act shall be
allowed: Provided, That such device is not expired.
SECTION 7. Prohibition on Substandard or Expired Child Restraint System. — It shall be unlawful

for any person, company, partnership, sole proprietorship, manufacturer, distributor, and/or importer
to manufacture, use, import, sell, distribute, donate, lease, advertise, promote, or otherwise market the
use of substandard or expired child restraint system.
SECTION 8. Certification Training Program. — The DOTr and the DTI are hereby mandated
to formulate and implement a certification training program for product inspectors, law enforcers,
manufacturers, distributors, and sellers on the regulation, installation, use, maintenance and inspection
of child restraint systems, as prescribed by IRR.
SECTION 9. Child Safety in Public Utility Vehicles. — The DOTr shall conduct a study and
recommend to Congress the use of child restraint systems in public utility vehicles such as, jeepneys,
buses, including school buses, taxis, vans, coasters, accredited/affiliated service vehicles of
transportation network companies, and all other motor vehicles used for public transport.
Should the DOTr determine, after study, that child restraint systems are not applicable in certain
public utility vehicles, it shall recommend to Congress other safety measures and/or regulations for the
safe and secure transportation of children in such vehicles: Provided, That the study shall be conducted
within one (1) year from the effectivity of this Act.
SECTION 10. Penalties. — (a) Any driver in violation of SECTIONs 4 and 5 of this Act shall be
fined One thousand pesos (P1,000.00) for the first offense; Two thousand pesos (P2,000.00) for the
second offense; Five thousand pesos (P5,000.00) and suspension of the driver’s license for a period
of one (1) year for the third and succeeding offenses.
(b) Any manufacturer, distributor, importer, retailer, and seller who violates SECTIONs 6 and
7 of this Act shall be punished with a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than One hundred thousand pesos (P100,000.00) for each and every child restraint system
product manufactured, distributed, imported and/or sold, without prejudice to other penalties imposed
under Republic Act No. 7394 or the “Consumer Act of the Philippines.”
(c) Any driver who allows the use of substandard and/or expired child restraint system or permits
the use of child restraint system that does not bear the PS mark or the ICC sticker and certificate, shall
be fined One thousand pesos (P1,000.00) for the first offense; Three thousand pesos (P3,000.00) for
the second offense; and Five thousand pesos (P5,000.00) and the suspension of the driver’s license
for a period of one (1) year for the third and succeeding offenses.
(d) Tampering, alteration, forgery and imitation of the PS mark or the ICC stickers in the child
restraint system shall be punished with a fine of not less than Fifty thousand pesos (P50,000.00) but
not more than One hundred thousand pesos (P100,000.00), for each and every child restraint system
product, without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer Act
of the Philippines”: Provided, That the DOTr is hereby empowered, after publication, to increase or
adjust the amounts of the fines prescribed in this SECTION once every five (5) years in the amount not
exceeding ten per centum (10%) of existing rates.
SECTION 11. Nationwide Public Information Campaign. — (a) The DOTr, the Philippine
Information Agency (PIA), the Department of Health (DOH), the Department of Education (DepEd),
and private agencies and organizations, shall undertake regular nationwide Information, Education and
Communication (IEC) campaign within six (6) months from the passage of this Act. The IEC campaign
shall include information on the proper installation, use, and maintenance of the child restraint system.
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(b) The DOTr, may call upon any government agency, including the Philippine National Police
(PNP) and nongovernmental organizations (NGOs) to extend their full support and cooperation for the
SECTION 12. Review. — The DOTr shall conduct and submit to Congress a periodic review on the
implementation of this Act at the end of the third year from the date of its effectivity and every year
thereafter.
SECTION 13. Implementing Rules and Regulations. — The DOTr, in consultation with the DTI,
DOH, Department of the Interior and Local Government (DILG), Philippine National Police-Highway
Patrol Group (PNP-HPG), Metro Manila Development Authority (MMDA), Council for the Welfare of
Children (CWC) and other concerned agencies and stakeholders, shall promulgate the IRR on child
restraint systems within six (6) months from the effectivity of this Act.
The IRR shall cover among others the following:
(a) Motor vehicles covered under this Act;
(b) Standards and kinds of child restraint systems based on UN Regulations 44 and 129;
(c) Compatibility of child restraint systems to motor vehicles available in the market;
(d) Proper installation and positioning of the child restraint system in the vehicle;
(e) Certification training program referred to in SECTION 8 of this Act for law enforcers, product
inspectors, employees and agents of manufacturers, distributors, sellers and importers;
(f) Regulation of the manufacture, importation, and distribution of child restraint systems;
(g) Authorities responsible for the monitoring and evaluation of the implementation and
compliance to the provisions of this Act; and
(h) Phases of implementation.
SECTION 14. Appropriations. — The initial amount necessary for the implementation of this Act
shall be charged against the current appropriation of the DOTr: Provided, That fines and fees collected
from the implementation of the Seat Belt Law may be used to augment the initial funding requirement of
this Act: Provided, further, That the fines and fees that may be collected in the enforcement of this Act
shall be used exclusively for its implementation: Provided, finally, That such sums as may be necessary
for the continued implementation of this Act shall be included in the annual General Appropriations Act.
SECTION 15. Transitory Clause. — Mandatory compliance of this Act shall be enforced only one
(1) year after the effectivity of the IRR of this Act.
SECTION 16. Separability Clause. — If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or provision not otherwise affected shall remain valid and
subsisting.
SECTION 17. Repealing Clause. — SECTION 5 on the age of children prohibited to sit in front seat
of Republic Act No. 8750 and SECTION 11 thereof on the use of special car seats are hereby amended.
All other laws, decrees, executive orders, rules and regulations, issuances or parts thereof inconsistent
with this Act are hereby repealed or amended accordingly.
the Official Gazette or in two (2) national newspapers of general circulation.
137
Title of Law: An Act Allowing the Rectification of Simulated Birth Records and Prescribing
Administrative Adoption Proceedings for the Purpose
Short Title: Simulated Birth Rectification Act
Category of Child’s Rights: Survival
Type of Law: Civil, Criminal and Administrative
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of the “Simulated
Birth Rectification Act” (R. A. No. 11222) (October 7, 2019)
AN ACT ALLOWING THE RECTIFICATION OF SIMULATED BIRTH RECORDS AND PRESCRIBING

ADMINISTRATIVE ADOPTION PROCEEDINGS FOR THE PURPOSE
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Simulated Birth Rectification Act.”
SECTION 2. Objectives. — This Act shall have the following objectives:
(a) To grant amnesty and allow the rectification of the simulated birth of a child where the
simulation was made for the best interest of the child, and that such child has been
consistently considered and treated by the person or persons who simulated such birth
as her, his, or their own daughter or son;
(b) To fix the status and filiation of a child whose birth was simulated by giving such child all
the benefits of adoption and ensuring that the child shall be entitled to all the rights
provided by law to legally adopted children, without any discrimination of any kind, as
well as to love, guidance, and support from the child’s adoptive family;
(c) To exempt from criminal, civil, and administrative liability those who simulated the birth
record of a child prior to the effectivity of this Act: Provided, That a petition for adoption
with an application for the rectification of the simulated birth record is filed within ten
(10) years from the effectivity of this Act;
(d) To provide for and allow a simpler and less costly administrative adoption proceeding where
the child has been living with the person or persons who simulated her or his birth
record for at least three (3) years before the effectivity of this Act; and
(e) To educate and inform the public about the rectification of simulated births, and to encourage
people to avail of the benefits of this Act.
(a) Certification Declaring a Child Legally Available for Adoption (CDCLAA) refers to a document
issued by the Secretary of the Department of Social Welfare and Development (DSWD)
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or the Secretary’s duly authorized representative as provided for by Republic Act No.
9523, otherwise known as “An Act Requiring Certification of the Department of Social
Welfare and Development (DSWD) to Declare a ‘Child Legally Available for Adoption’
as a Prerequisite for Adoption Proceedings, Amending for this Purpose Certain
Provisions of Republic Act No. 8552, otherwise known as the Domestic Adoption Act of
1998; Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of
1995; and Presidential Decree No. 603, otherwise known as the Child and Youth Welfare
Code, and for Other Purposes,” administratively declaring that a child is legally available
for adoption which terminates the rights of the biological parents, guardian, or other
custodian to exercise authority over the child upon issuance of the certificate;
(b) Child refers to a person below eighteen (18) years of age, or a person eighteen (18) years
of age or over who is unable to fully take care of herself or himself or protect herself or
himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical
or mental disability or condition, whose birth was simulated;
(c) Foundling refers to a child who is abandoned and whose parentage is unknown;
(d) Regional Director refers to the head of a field office of the DSWD;
(e) Secretary refers to the Secretary of the DSWD;
(f) Simulation of birth record refers to the tampering of the civil registry to make it appear in
the record of birth that a child was born to a person who is not such child’s biological
mother, causing the loss of the true identity and status of such child; and
(g) Social Welfare and Development Officer refers to the head of a city or municipal social
welfare and development office, which serves as the frontline of a city or municipal
government in the delivery of social welfare and development programs and services.
ARTICLE II
Rectification of Simulated Births
SECTION 4. Rectification of Simulated Birth Record. — Notwithstanding any provision of law

to the contrary, a person or persons who, prior to the effectivity of this Act, simulated the birth of a
child, and those who cooperated in the execution of such simulation, shall not be criminally, civilly, or
administratively liable for such act: Provided, That the simulation of birth was made for the best interest
of the child and that the child has been consistently considered and treated by such person or persons
as her, his, or their own daughter or son: Provided, further, That such person or persons has or have
filed a petition for adoption with an application for the rectification of the simulated birth record within
ten (10) years from the effectivity of this Act: Provided, finally, That all the benefits of this Act shall also
apply to adult adoptees.
SECTION 5. Administrative Adoption and Rectification. — A person or persons who simulated

the birth of a child under the conditions provided under SECTION 4 of this Act may avail of administrative
proceedings for the adoption and rectification of the simulated birth record of such child: Provided,
That the child has been living with the person for at least three (3) years before the effectivity of
this Act: Provided, further, That a certificate declaring the child legally available for adoption (CDCLAA)
is issued by the DSWD in favor of such child.
SECTION 6. Inadmissible Evidence. — All petitions, documents, records, and papers relating to
adoption and rectification of simulated births under this Act cannot be used as evidence against those
who simulated the birth of a child or who cooperated in the execution of such simulation in any criminal,
civil, or administrative proceeding.
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ARTICLE III
Additional Requirements for Administrative Adoption
SECTION 7. Personal Qualifications. — Adopters must:
(a) Be Filipino citizens;
(b) Be of legal age;
(c) Possess full civil capacity and legal rights;
(d) Be of good moral character;
(e) Have not been convicted of any crime involving moral turpitude;
(f) Be emotionally and psychologically capable of caring for children; and
(g) Be in a position to support and care for the child in keeping with the means of the family.
In case of adoption by a married couple, where one of the adopters is a foreign national
married to a Filipino, the foreign national must have been residing in the Philippines for at least three
(3) continuous years prior to the filing of the petition for adoption and application for rectification of
simulated birth record.
SECTION 8. Required Consent. — After being properly counseled and informed of the right to
give or withhold approval of the adoption, the written consent of the following shall be required:
(a) The adoptee, if ten (10) years of age or over;
(b) The legitimate and adopted daughters and sons, ten (10) years of age or over, of the adopter
and adoptee, if any;
(c) The illegitimate daughters and sons, ten (10) years of age or over, of the adopter if living with
said adopter and the latter’s spouse, if any; and
(d) The spouse, if any, of the adoptee.
ARTICLE IV
Administrative Adoption Procedure
SECTION 9. Petition. — The petition for adoption with an application for rectification of simulated
birth record shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioner
or petitioners before any person authorized by law to administer affirmations and oaths. It shall state
the facts necessary to establish the merits of the petition, and the circumstances surrounding the
simulation of the birth of the child. The petition shall be supported by the following:
(a) A copy of simulated birth or foundling certificate of the child;
(b) Affidavit of admission if the simulation of birth was done by a third person;
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(c) Certification issued and signed by the punong barangay attesting that the petitioner or
petitioners is a resident or are residents of the barangay, and that the child has been
living with the petitioner or petitioners for at least three (3) years prior to the effectivity
of this Act;
(d) Affidavits of at least two (2) disinterested persons, who reside in the same barangay where
the child resides, attesting that the child has been living with the petitioner for at least
three (3) years prior to the effectivity of this Act;
(e) CDCLAA issued by the DSWD; and
(f) Photographs of the child and the petitioner or petitioners taken within the last three (3)
months prior to the filing of the petition.
A CDCLAA shall no longer be required if the adoptee is already an adult or a relative of the
adopter within the fourth degree of consanguinity or affinity.
SECTION 10. Adoption Process. — The petition shall be filed with the Office of the Social Welfare
and Development Officer (SWDO) of the city or municipality where the child resides. The SWDO shall
have seven (7) days to examine the petition and its supporting documents and determine whether
the same is sufficient in form and substance. If the SWDO finds that the petition is insufficient in
form or substance, the SWDO shall return the same to the petitioner with a written explanation of its
insufficiency. If the SWDO finds the petition sufficient in form and substance, the SWDO shall forward
the petition and the supporting documents within three (3) days to the Regional Director.
The Regional Director shall review the petition, establish the identity of the child, and prepare
the recommendation on the petition not later than thirty (30) days from receipt thereof. The Regional
Director may require the petitioner to submit additional information or evidence to support the petition.
The failure of the petitioner to comply with such request shall not preclude the Regional Director from
acting on the petition based on the evidence on hand.
The Regional Director shall transmit to the Secretary the recommendation on the petition
together with a copy of the petition and supporting documents.
The Secretary shall act and decide on the petition within thirty (30) days from receipt of the
recommendation of the Regional Director.
SECTION 11. Order of Adoption. — If the Secretary determines that the adoption shall redound
to the best interest of the child, an order of adoption shall be issued which shall take effect on the date
the petition was filed with the Office of the SWDO, even if the petitioner dies before its issuance.
The order of adoption shall state the name by which the adoptee shall be known and shall
likewise direct the:
(a) Cancellation of the simulated birth record of the child;
(b) Issuance of the rectified birth record bearing the names of the biological parents of the child
or the issuance of a foundling certificate; and
(c) Issuance of a new birth certificate.
An administrative adoption order obtained under this Act shall have the same effect as a
decree of adoption issued pursuant to Republic Act No. 8552, otherwise known as the “Domestic
Adoption Act of 1998.”
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SECTION 12. Civil Registry Record. — The Secretary shall immediately transmit the order of
adoption to the concerned DSWD Regional Office, which shall in turn provide copies to the petitioners,
the concerned agencies and the appropriate local civil registrar.
The Local Civil Registrar shall stamp the simulated birth record “cancelled” with an annotation of
the issuance of a new rectified certificate of birth in its place. The rectified birth certificate bearing the
names of the biological parents of the child or the foundling certificate shall then likewise be stamped
“cancelled” with the annotation of the issuance of a new birth record in its place, and shall be sealed
in the civil registry records. Thereafter, the Local Civil Registrar shall record, register, and issue a new
certificate of birth which shall not bear any notation that it is a new or amended issue.
SECTION 13. Socialized Fees. — The city or municipal SWDO, the Regional Director, and the
Office of the Local Civil Registrar may charge socialized fees to those who avail of the administrative
adoption proceedings under this Act. Fees shall be waived if the petitioner is indigent.
SECTION 14. Confidentiality. — All petitions, documents, records, and papers relating to
administrative adoption proceedings in the files of the city or municipal SWDOs, the DSWD central
and field offices, or any other agency or institution participating in such proceedings shall be strictly
confidential.
The disclosure of any information shall be allowed only upon the written request of the adoptee
or in the case of a minor adoptee, her or his guardian.
ARTICLE V
Effects of Administrative Adoption
SECTION 15. Legitimacy. — The adoptee shall be considered the legitimate daughter or son of
the adopter for all intents and purposes and as such is entitled to all the rights and obligations provided
by law to legitimate daughters or sons born to them without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in keeping with the means of the family.
SECTION 16. Parental Authority. — Except where a biological parent is the spouse of the
adopter, all legal ties between the biological parents and the adoptee shall be severed and the same
shall then be vested in the adopter.
SECTION 17. Succession. — In legal and intestate succession, the adopter and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee
and her or his biological parents left a will, the law on testamentary succession shall govern.
ARTICLE VI
Rescission of Administrative Adoption
SECTION 18. Grounds for Rescission. — Upon petition of the adoptee, with the assistance of the
city or municipal SWDO or the DSWD if a minor or if over eighteen (18) years of age but is incapacitated,
the adoption may be rescinded on any of the following grounds committed by the adopter:
(a) Repeated physical or verbal maltreatment by the adopter;
(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence;
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(d) Abandonment and failure to comply with parental obligations; or
(e) Other acts that are detrimental to the psychological and emotional development of the
adoptee.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter.
However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.
SECTION 19. Rescission of Administrative Adoption. — The process for administrative adoption as
provided under SECTION 10 of this Act shall apply to the rescission of administrative adoption: Provided,
That the concerned SWDO, Regional Director, and the Secretary shall act immediately on the petition
for rescission bearing in mind the best interest of the child.
The Secretary shall furnish a copy of the order of rescission to the concerned DSWD Regional
Office, which shall in turn provide copies to the petitioner, the concerned agencies and the concerned
local civil registrar. Thereafter, the concerned local civil registrar shall cancel the new certificate of birth
of the adoptee, and restore the adoptee’s rectified birth certificate bearing the name/s of the biological
parents, or the foundling certificate, as the case may be.
SECTION 20. Effects of Rescission. — If the petition for rescission of administrative adoption
is granted by the Secretary, the parental authority of the adoptee’s biological parents, if known, shall
be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the
adopter and the adoptee to each other shall be extinguished.
Successional rights shall revert to its status prior to adoption, but only as of the date of judgment
of administrative rescission. Vested rights acquired prior to administrative rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to

the penalties imposable under the Revised Penal Code if the criminal acts are proven.
ARTICLE VII
Violations and Penalties
SECTION 21. Violations and Penalties. — The penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years and/or a fine not less than Two hundred thousand pesos
(P200,000.00) at the discretion of the court shall be imposed on any person who shall commit any of
the following acts:
(a) Obtaining consent for an adoption through coercion, undue influence, fraud, improper
material inducement, or other similar acts;
(b) Noncompliance with the procedures and safeguards provided by law for the adoption; or
(c) Subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
ARTICLE VIII
Final Provisions
SECTION 22. Information Dissemination. — The DSWD, in coordination with the Department
of the Interior and Local Government (DILG), the Department of Education (DepEd), the Department
of Health (DOH), various national leagues of local government units, the Council for the Welfare of
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Children (CWC), and the Philippine Statistics Authority (PSA), shall disseminate to the public information
regarding this Act and its implementation.
SECTION 23. Implementing Rules and Regulations. — The Secretary, after due consultation with
the PSA, the DILG, the Department of Justice (DOJ), and the CWC, together with representatives from
the Association of Local Civil Registrars, child-caring and child-placing agencies, and child’s rights civil
society organizations, shall issue rules and regulations for the effective implementation of this Act within
sixty (60) days from its effectivity.
SECTION 24. Repealing Clause. — SECTION 22 of Republic Act No. 8552 is hereby repealed. All
other laws, decrees, letters of instruction, executive issuances, resolutions, orders or parts thereof which
are inconsistent with the provisions of this Act are hereby repealed, modified, or amended accordingly.
SECTION 25. Separability Clause. — If any provision or part of this Act is declared unconstitutional
or invalid, the remaining parts or provisions not affected shall remain in full force and effect.
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Title of Law: An Act Establishing a Career Guidance and Counseling Program for All Secondary
Schools and Appropriating Funds therefor
Short Title: Secondary School Career Guidance and Counseling Act
Amended by: N/A
AN ACT ESTABLISHING A CAREER GUIDANCE AND COUNSELING PROGRAM FOR ALL SECONDARY
SCHOOLS AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Title. — This Act shall be known as the “Secondary School Career Guidance and
Counseling Act.”
SECTION 2. Declaration of Policy. — The State recognizes the role of the youth in nation building
and in the acceleration of social progress. In this regard, the State shall ensure their total development
by promoting relevant education that shall generate human resources that shall be responsive to the
needs of the government, industry, and the economy.
SECTION 3. Objectives. — This Act shall pursue the following objectives:
(a) To institutionalize a career guidance and counseling program for students in all public and
private secondary schools nationwide in order to provide them proper direction in
pursuing subsequent tertiary education;
(b) To equip secondary education students with the capability to make educated career
decisions and expose them to relevant labor markets; and
(c) To ensure graduates of tertiary education meet the requirements of the government,
industry, and the economy.
SECTION 4. Creation of a National Secondary School Career Guidance and Counseling Program.
— There is hereby created a National Secondary Schools Career Guidance and Counseling Program
(CGCP) to be administered by the Department of Education (DepEd). It shall be implemented in all
public and private secondary education institutions and shall commence at the Grade 7 level. It shall be
a prerequisite to senior high school graduation.
For this purpose, the DepEd shall, in coordination with the Professional Regulation Commission
(PRC), accredited professional organizations on guidance counseling, Commission on Higher Education
(CHED), Technical Education and Skills Development Authority (TESDA), Department of Labor and
Employment (DOLE), Department of Trade and Industry (DTI), National Economic and Development
Authority (NEDA) and Parent-Teacher Associations (PTAs), formulate, develop and review a Career
Guidance and Counseling Instructional Module (CGCIM), which shall serve as the basic instructional
material to guide secondary students in their pursuit of meaningful and rewarding tertiary education
based on their capacity and skills, the accessibility of public tertiary education institutions, the labor
market, and the requirements and expectations of the government, industry, and the economy.
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SECTION 5. CGCP Centers. — There shall be established a CGCP Center in all secondary schools,
to be headed by the school administrator who shall be assisted by a trained career and employment
guidance counselor. The CGCP Center shall function as a resource center for the implementation
of the CGCP and shall be primarily responsible for providing guidance and counseling based on the
CGCIM: Provided, That in accordance with SECTION 9 of Republic Act No. 10533, otherwise known
as the “Enhanced Basic Education Act of 2013,” and notwithstanding the provisions of SECTION 27
of Republic Act No. 9258, otherwise known as the “Guidance and Counseling Act of 2004,” career
and employment guidance counselors who are not registered with the PRC shall be allowed to
conduct career advocacy activities to secondary level students of the school where they are currently
employed: Provided, further, That they undergo a training program developed and accredited by the
DepEd.
SECTION 6. National Career Assessment Examination. — The DepEd, through the National
Education Testing and Research Center, shall conduct an annual National Career Assessment
Examination (NCAE) among students in the appropriate grade level in all public and private secondary
schools nationwide as a tool to assess and evaluate the aptitude, skill or inclination of the student in a
particular occupational field and to serve as guide for the students in choosing their respective courses
or career options.
The DepEd Secretary shall determine the content of the NCAE, the date of examination, the
location of examination centers, and the appropriate grade level of examinees, and shall issue the
guidelines necessary for the effective implementation of the NCAE.
The DepEd Secretary shall review the content of the NCAE from time to time and make revisions,
as may be deemed necessary, to maintain the relevance, validity, and integrity of the examination.
SECTION 7. Appropriations. — The DepEd Secretary shall immediately include in the Department’s
program the implementation of this Act, the funding of which shall be included in the annual General
Appropriations Act.
SECTION 8. Implementing Rules and Regulations. — Within ninety (90) days from the approval of
this Act, the DepEd shall, in consultation with the PRC, CHED, TESDA, DOLE, DTI, and NEDA, promulgate
the necessary rules and regulations for the effective implementation of this Act.
SECTION 9. Separability Clause. — If any provision of this Act is held invalid or unconstitutional,
the other provisions not so declared shall remain in force and effect.
SECTION 10. Repealing Clause. — All laws, decrees, executive orders, rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended
accordingly.
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Title of Law: An Act Providing for the Special Protection of Children in Situations of Armed
Conflict and Providing Penalties for Violations Thereof
Short Title: Special Protection of Children in Situations of Armed Conflict Act
Category of Child’s Rights: Protection, Survival and Development
Type of Law: Criminal, Civil, Administrative
Amended by: N/A
Implementing Rules and Regulation: Rules and Regulations Implementing Republic Act No.
11188 (The Special Protection of Children in Situations of Armed Conflict Act) (June 4, 2019
AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF ARMED

CONFLICT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Special Protection of Children in
Situations of Armed Conflict Act.”
SECTION 2. Declaration of State Policy. — It shall be the policy of the State to provide special
protection to children in situations of armed conflict from all forms of abuse, violence, neglect, cruelty,
discrimination and other conditions prejudicial to their development, taking into consideration their
gender, cultural, ethnic and religious background. For this purpose, the State shall:
(a) Fully implement the protection guaranteed under the United Nations Convention on the
Rights of the Child (UNCRC), its Optional Protocol on the involvement of children in
armed conflict and all other core human rights treaties, particularly, the International
Covenant on Civil and Political Rights and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment; other pertinent international
instruments such as the International Labor Organization Convention No. 182 concerning
the prohibition and immediate action for the elimination of the worst forms of child labor;
the Geneva Conventions of 1949 and the additional protocols ratified by the Philippines;
the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
General Recommendation No. 30 and the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction;
(b) Take into account the United Nations Guiding Principles on Internal Displacement, the United
Nations Security Council Resolutions related to children affected by armed conflict,
United Nations Security Council Resolution (UNSCR) No. 1820 on Women, Peace and
Security, and other pertinent international instruments in the implementation of its treaty
obligations and of this Act;
(c) Respect the human rights of children at all times. It shall be recognized that children are
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entitled to dignity and respect as human beings in need of protection from degradation,
humiliation, maltreatment, exploitation and assault;
(d) Consider as paramount the best interests of children, and treat all children involved in,
affected by or displaced by armed conflict as victims;
(e) Take all feasible measures to prevent the recruitment and use of children in armed conflict
and shall take all necessary measures to ensure the effective implementation and
enforcement of the provisions of this Act;
(f) Take all the necessary measures to address the root causes of armed conflict including,
but not limited to, poor governance, issues of injustice and widespread poverty and
economic inequity that result in involving, affecting or displacing children;
(g) Continue to recognize its primary role in providing effective protection and relief to all
children in situations of armed conflict;
(h) Continue to fulfill its responsibilities to end impunity and to prosecute those responsible
especially for grave child rights violations in armed conflict; and
(i) Ensure the right to participation of children affected by armed conflict in all its policies,
actions, and decisions concerning their rescue, rehabilitation and reintegration.
SECTION 3. Scope of Application. — This Act shall apply to all children involved in, affected by
or displaced by armed conflict.
The application of this Act shall not affect the legal status of any party to the armed conflict.
SECTION 4. Interpretation of this Act. — Nothing in this Act shall be construed as precluding
provisions in existing Philippine laws, international human rights laws and related instruments, and
international humanitarian laws that are more conducive to the realization of the rights of children.
(a) Abduction of children refers to the seizure, apprehension, taking in custody, detention or
capture of one or more children either temporarily or permanently by force, threat
of force or coercion, or deception for the purpose of any form of exploitation of such
children in situations of armed conflict;
(b) Acts of gender-based violence refer to physical or sexual violence other than rape, and
psychosocial harm that is committed against a person as a result of power inequities
that are based on gender roles. These include, among others battering, sexual slavery
and abuse of children, female genital mutilation, prostitution, forced marriage, forced
pregnancy or forced sterilization;
(c) Armed conflict refers to armed confrontations occurring between government forces and
one or more armed groups, or between such groups arising in the Philippine territory.
These shall include activities which may lead to, or are undertaken in preparation of
armed confrontation or armed violence that put children’s lives at risk and their rights
violated;
(d) Armed group refers to an armed non-State actor or non-State entity engaged in armed
violence against the State or its government forces or against other non-State armed
groups, actors or non-State entities;
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(e) Attacks on schools, hospitals, places of worship, child development or day care centers,
evacuation centers and other public places such as recreation parks, playgrounds
and malls refer to the occupation, shelling or targeting for propaganda of schools,
hospitals or places of worship; causing damage to such places, or harm or injury to
their personnel; or causing the total or partial physical destruction of such facilities; or
disruption of educational activities and health services. These also refer to attacks of
such places which have been temporarily abandoned by the community as a result of
armed conflict;
(f) Camps refer to structures or spaces occupied by government forces and armed groups;
(g) Child refers to:
(1) A person below eighteen (18) years of age; or
(2) A person eighteen (18) years of age or older but who is unable to fully take care
of one’s self; or protect one’s self from abuse, neglect, cruelty, exploitation or
discrimination; and unable to act with discernment because of physical or mental
disability or condition;
(h) Child protection refers to measures, structures and activities that ensure the prevention and
response to abuse, neglect, exploitation and violence affecting children. It shall include
the promotion of their development and psychosocial well-being;
(i) Children affected by armed conflict refer to all children population experiencing or who have
experienced armed conflict;
(j) Children involved in armed conflict (CIAC) refer to children who are either forcibly, compulsorily
recruited, or who voluntarily joined a government force or any armed group in any
capacity. They may participate directly in armed hostilities as combatants or fighters;
or indirectly through support roles such as scouts, spies, saboteurs, decoys, checkpoint
assistants, couriers, messengers, porters, cooks or as sexual objects;
(k) Children in situations of armed conflict refer to all children involved in armed conflict, children
affected by armed conflict and internally displaced children;
(l) Extrajudicial killings refer to all acts and omissions of State actors that constitute violation
of the general recognition of the right to life embodied in the Universal Declaration of
Human Rights, the United Nations Covenant on Civil and Political Rights, the UNCRC and
similar other human rights treaties to which the Philippines is a State party;
(m) False branding of children or labeling children as children involved in armed conflict refers
to the voluntary and intentional act of referring to, calling, defining, reporting or any
other form of communication that incorrectly defines children as children involved in
armed conflict, when the status or condition of such children are such that they are not
involved in armed conflict as defined in this Act;
(n) False reporting of a child in custody refers to the voluntary and intentional act of any person
of providing false, incorrect or mistaken information in relation to a child in custody in
relation to situations of armed conflict;
(o) Food blockade refers to an armed conflict tactic of forcibly cutting off entry of food supplies
in a particular area where children can be found;
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(p) Government forces refer to the Armed Forces of the Philippines (AFP), Philippine National
Police (PNP), paramilitary and other law enforcement agencies;
(q) Grave child rights violations refer to the crimes committed against children that constitute
flagrant violations of their human rights and have severe consequences on their lives.
These crimes include those enumerated in SECTION 9 of this Act such as killing or
maiming of children, recruitment or use of CIAC, rape and other forms of sexual violence
against children, abduction of children, attacks against schools or hospitals, or denial of
humanitarian access to children;
(r) Hamleting refers to an armed conflict strategy used by one party involved in armed conflict
that isolates a community of importance to the other party which is inhabited by children,
including relocating a community away from crucial zones and could be used to control
the activities of the people in said areas;
(s) Hospitals or health facilities refer to any structure including diagnostic clinics or multispecialty
clinics recognized and known by the community as a facility where the sick and wounded
are provided with medical or health care services;
(t) Humanitarian access refers to the right of vulnerable populations to receive international
protection and assistance from an impartial humanitarian relief operation to complement
efforts of national authorities. Such action is subject to the consent of the State or
parties concerned and does not prescribe coercive measures in the event of refusal,
however unwarranted;
(u) Humanitarian assistance refers to any aid that seeks to save lives and alleviate suffering of
a crisis-affected population. Humanitarian assistance must be provided in accordance
with the basic humanitarian principles of humanity, impartiality, independence and
neutrality. Assistance may be divided into three (3) categories: direct assistance, indirect
assistance, and infrastructure support, which have diminishing degrees of contact with
the affected population;
(v) Internally displaced children refer to children or group of children, whether separated or
together with their families, who have been forced or obliged to flee or to leave their
homes or places of habitual residence, in particular, as a result of or in order to avoid the
effect of armed conflict and situations of generalized violence;
(w) Killing of children refers to acts of all kinds in the context of armed conflict that result in
the death of one or more children. They include the death of children as a result of
direct targeting and indirect actions, such as cross fire, use of landmines and improvised
explosive devices (IED), cluster munitions, biological weapons of destruction, all other
forms and types of explosives; or house demolitions, search and arrest campaigns,
suicide attacks and torture; they also include murder, homicide and such other similar
crimes as defined in the Revised Penal Code, as amended, and other special laws;
(x) Maiming of children refers to acts of all kinds in the context of armed conflict that result in
serious or permanent or disabling injury, scarring or defacing, or mutilation of children.
It shall cover intentional maiming of children where they are directly targeted, and
causal maiming of children which result from indirect actions, such as cross fire, use of
landmines, IED, cluster munitions, biological weapons of destruction, all forms and types
of explosives; or in the context of house demolitions, search and arrest campaigns,
suicide attacks and torture;
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(y) Parents refer to any of the following:
(1) Biological parents of the child;
(2) Adoptive parents of the child;
(3) Individuals who have custody of the child; or
(4) A duly licensed foster parent, pursuant to Republic Act No. 10165, otherwise known
as the “Foster Care Act of 2012”;
(z) Rape refers to a sexual assault that violates a person’s right to personal security and bodily
integrity with the essential lack of consent and shall include those enumerated in
SECTION 2 of Republic Act No. 8353, otherwise known as “The Anti-Rape Law of 1997”;
(aa) Recruitment refers to compulsory, forced or voluntary conscription or enlistment of children

into the governmental armed force or forced or voluntary membership into the armed
group;
(bb) Release of children refers to the process of formal and controlled disarmament and
demobilization of children and their release from a government force or armed group
as well as informal ways in which children leave by escaping, being captured or by
other means. It entails a disassociation from the government force or armed group and
the beginning of transition from military to civilian life. Release can take place during a
situation of armed conflict; it is not dependent on the temporary or permanent cessation
of hostilities; and it is not dependent on children having weapons to forfeit;
(cc) School refers to any structure or space, with or without marked visible boundaries, which is
either recognized by the government or known by the community as a learning space
for children; and
(dd) Zone of peace refers to a site with sacred, religious, historic, educational, cultural,
geographical or environmental importance, which is protected and preserved
by its own community. It is not merely a “Demilitarized Zone,” but a sanctuary that
operates within ethical principles of nonviolence, free from weapons, acts of violence,
injustice and environmental degradation. The recognition of the Zone of Peace
expresses commitments on the part of its community, governmental authority and, if
appropriate, religious leadership to preserve the peaceful integrity of the designated
site. Its custodians, members, participants and visitors exemplify mutual respect and
nonviolent behavior while on the site, and share their resources for furthering peace
and cooperation.
CHAPTER II
Rights of Children in Situations of Armed Conflict
SECTION 6. Children as Zones of Peace. — Children are hereby declared as Zones of Peace.
As such, they shall be treated in accordance with the policies stipulated under Article X, SECTION
22 of Republic Act No. 7610, otherwise known as the “Special Protection of Children against Child
Abuse, Exploitation and Discrimination Act.” Treatment of children as Zones of Peace shall extend
beyond territorial or geographical boundaries and shall focus on the person of the child whose rights
shall be promoted and protected at all times, especially in situations of armed conflict or violence.
The State and all sectors concerned shall have the responsibility to resolve armed conflict in order to
promote the goal of children as Zones of Peace. As such, the community, governmental authority and,
if appropriate, religious leadership shall preserve the peaceful integrity of children, exemplify mutual
respect and nonviolent behavior in the presence of children, and share their resources to further peace
and cooperation.
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SECTION 7. Rights of Children in Situations of Armed Conflict. — Children in situations of armed
conflict shall have the following rights:
(a) The right to life, survival and development;
(b) The right of special respect and protection against any form of abuse, neglect, exploitation
and violation, especially in the context of armed conflict;
(c) The right to be treated as victims. They shall be treated in accordance with this Act and other
applicable laws, consistent with the State obligations under international law, within the
framework of restorative justice, social rehabilitation and promotion of their protection;
(d) The right to be accorded with special respect and to be protected from any form of direct
or indiscriminate attacks and acts of violence, especially protection from the grave child
rights violations as enumerated in SECTION 9 of this Act;
(e) The right to be protected from recruitment into government forces or armed groups and from
participation in armed conflict including the right to be protected from torture or any
cruel, inhuman or degrading practices that compel compliance or punish noncompliance
with recruitment or participation in armed conflict;
(f) The right to be protected from maiming, torture, abduction, rape and killing, especially
extrajudicial killing;
(g) The right to be immediately provided and have safe access to essential, adequate and
culturally appropriate food and nutrition; basic shelter and housing; culturally appropriate
clothing; water, sanitation and hygiene; basic health services including essential drugs,
medicines and vaccines, minimum initial service package for reproductive health,
and health professional evaluation and appropriate intervention; education, including
religious and moral education; early childhood care and development programs,
psychosocial support and social services. All services provided for them must be child-
specific and gender sensitive and responsive;
(h) The right to enjoy their freedom of thought, conscience, religion or belief, opinion and
expression; to associate freely and participate equally in legitimate community affairs;
to communicate in a language they understand even in situations of armed conflict and
whether or not they have been internally displaced or are living in evacuation centers
or settlements;
(i) The right to be treated humanely in all circumstances, without any adverse distinction founded
on race, color, religion or faith, Sexual Orientation, Gender Identity and Expression
(SOGIE), birth, wealth or any other similar criteria;
(j) The right not to be interned or confined in camp;
(k) The right of the injured, the wounded and the sick, those with disabilities, those who are
separated and unaccompanied, expectant and lactating mothers, to care, protection
and assistance required by their condition and treatment which takes into account
their special needs such as their health needs, reproductive health care, appropriate
counselling, prevention of infectious diseases and Mental Health Psychosocial Support
Services;
(l) The right to be with their families, especially with their mothers, during evacuations and in
evacuation centers;
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(m) The right to be reunited with their families in case of separation due to armed conflict;
(n) The right to privacy and confidentiality in all proceedings;
(o) The right to nondiscrimination;
(p) The right to liberty of movement and freedom to choose their residence; in particular,
internally displaced children and their families have the right to move freely in and out
of evacuation centers or other settlements, subject to existing rules and regulations in
those centers or settlements and to other government regulations and directives;
(q) The right especially of internally displaced children and their families to: leave the country;
seek safety in another part of the country; seek other service providers; seek asylum in
another country; and be protected against forcible return to resettlement in any place
where their life, safety, liberty or health would be at risk;
(r) The right to obtain necessary documents to enjoy their legal rights. The State shall have
the duty to expedite services in the issuance of new documents or the replacement
of documents lost in the course of displacement, without imposing unreasonable
conditions and without discrimination against female child and male child, who shall
have equal rights to obtain and to be issued the same in their own names;
(s) The right of access to justice including free legal aid when filing cases against the perpetrators;
(t) The right to the protection of their family’s properties and possessions in all circumstances;
and
(u) The right to be consulted and to participate in all matters affecting them. Whenever feasible,
views of children, as well as families and the communities to which these children return,
should be sought in all stages of assessment, planning, implementation and evaluation
activities aimed at preventing the association of children with government forces and
armed groups; as well as in the development and design of policies, programs and
services for the rescue, rehabilitation, and reintegration of children involved in armed
conflict.
The rights enumerated in this SECTION shall not hinder the application of other rights recognized
and guaranteed in the Constitution and other existing laws in keeping with the best interests of the child.
CHAPTER III
Prevention
SECTION 8. Prevention. — The State shall take all feasible measures to prevent the recruitment,
re-recruitment, use, displacement of, or grave child rights violations against children involved in armed
conflict. It shall take all necessary measures to ensure the effective implementation and enforcement
of the provisions of this Act. Towards this end, the State shall:
(a) Prioritize children’s issues in the peace program of the government and include children’s
concerns, specifically the effects of armed conflicts, in peace negotiations;
(b) Pursue in both formal and nonformal settings the mainstreaming of peace education
programs and the promotion of the culture of peace and nonviolence;
(c) Provide educational assistance, whether formal or alternative learning system, that is child
and culturally sensitive. Girls should have an equal right to education irrespective of their
status as mothers or wives;
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(d) Develop and implement training programs and campaign towards promoting a culture of
peace and respect for human rights and international humanitarian law in collaboration
with civil society organizations;
(e) Provide capacity building on Local Governance and Community Development, and ensure the
participation of the Local Councils for the Protection of Children, various organizations,
especially of children’s and people’s organizations at the community level. These
organizations shall be involved in consultation and decision-making processes and in
the development and implementation of programs, projects and activities established
for them;
(f) Establish livelihood programs which shall be made available to communities in all affected
areas in order to alleviate the living conditions of the people;
(g) Make available basic health services in health facilities in all affected areas. Culturally-
sensitive nutrition programs and activities including supplementary feeding shall also
be made available. Efforts to support traditional health practices in indigenous peoples’
area shall also be initiated;
(h) Establish basin facilities and infrastructure needed;
(i) Ensure that child protection mechanisms are present and functional; and
(j) Establish a comprehensive, effective and efficient system for monitoring and reporting and
response for violations as provided in SECTION 9 of this Act.
CHAPTER IV
Prohibited Acts, Penalties and Prescription of Crime
SECTION 9. Prohibited Acts and Penalties. —
(a) It shall be unlawful for any person to commit the following acts of grave child rights violations:
(1) Killing of children;
(2) Torture committed against children. For purposes of this Act, torture shall include those
enumerated in SECTION 4 of Republic Act No. 9745, otherwise known as the “Anti-
Torture Act of 2009”;
(3) Intentional maiming of children; and
(4) Rape of children and other forms of sexual violence.
Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3)
and (4) of paragraph (a) of this SECTION shall suffer the penalty of life imprisonment and a fine of not
less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00).
(b) The following acts of grave child rights violations are also hereby prohibited:
(1) Cruel, inhuman and degrading treatment or punishment committed against children. For
purposes of this Act, cruel, inhuman and degrading treatment or punishment shall
include those acts enumerated in SECTION 5 of the “Anti-Torture Act of 2009”;
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(2) Abduction of children;
(3) Causal maiming of children;
(4) Taking children as hostages or using them as human shield;
(5) Recruitment, conscription or enlistment of children into government forces and other armed
groups;
(6) Acts of gender-based violence against children;
(7) Refusal or denial of humanitarian access or assistance to children;
(8) Use or involvement of children involved in armed conflict in any capacity as defined in
SECTION 5 (i) of this Act; and
(9) Attack on schools, hospitals, places of worship, evacuation centers and settlements and
other public places such as recreation parks, playgrounds and malls.
Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3),
(4), (5), (6), (7), (8) and (9) of paragraph (b) of this SECTION shall suffer the penalty of imprisonment of
not less than fourteen (14) years but not more than twenty (20) years and a fine of not less than One
million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00).
(c) Where the crimes committed under paragraph (b) of this SECTION resulted in the killing,
torture, maiming or rape of children as enumerated in subparagraphs (1), (2), (3) and (4) of paragraph
(a), SECTION 9, the penalty imposed shall be that of SECTION 9 (a) of this Act.
(d) Likewise, it shall be unlawful for any person to commit the following acts:
(1) Hamleting;
(2) Food blockade;
(3) Intentional delayed reporting of a child in custody;
(4) False reporting of a child in custody;
(5) False branding of children or labeling children as children involved in armed conflict; and
(6) Arrest, arbitrary detention or unlawful prosecution of children allegedly associated with
armed groups or government forces.
Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2),
(3), (4), (5) and (6) of paragraph (d) of this SECTION shall suffer the penalty of imprisonment of not less
than six (6) years but not more than twelve (12) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00).
(e) Parental accountability of children in situations of armed conflict are subject to the
existing provisions of Presidential Decree No. 603, otherwise known as “The Child and Youth Welfare
Code”; Republic Act No. 7610; Republic Act No. 9208, otherwise known as the “Anti-Trafficking in
Persons Act of 2003”; Republic Act No. 9231 on the elimination of worst forms of child labor; Republic
Act No. 9851, otherwise known as the “Philippine Act on Crimes against International Humanitarian
Law, Genocide, and Other Crimes against Humanity”; and Republic Act No. 10364, otherwise known
as the “Expanded Anti-Trafficking in Persons Act of 2012”: Provided, That the involvement of the child
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was due to parental action or inaction; or the parent directed or ratified the involvement of the child;
or the child acted as the parent’s agent or servant; or the child was entrusted a dangerous weapon or
instrument.
SECTION 10. Non-Implementation or Violation of Any Other Provision of This Act or the Rules and
Regulations in General. — Any public officer who shall knowingly and maliciously prevent, prohibit, refuse
or discontinue the implementation of any provision of this Act or any rule and regulation promulgated
in accordance thereof, or in any other way violate them if such officer has the duty to implement, shall
be punished by imprisonment of not less than six (6) years but not more than twelve (12) years and
perpetual absolute disqualification from public office.
Any such officer who shall prevent, prohibit, refuse or discontinue the implementation of this
Act or its rules and regulations, or in any other way violate them by reason of inexcusable negligence
or ignorance, shall suffer the penalty of imprisonment of not less than one (1) month but not more than
six (6) months and temporary special disqualification from public office.
The public officer liable under this SECTION shall, in addition to imprisonment, be held
administratively liable under existing applicable laws.
Any person who shall deliberately commit any other act not covered in SECTION 9, which
shall result in prejudicing the rights of children in situations of armed conflict shall suffer the penalty of
imprisonment of not less than six (6) months but not more than six (6) years.
SECTION 11. Forfeiture of Proceeds, Property and Assets. — The court shall order the forfeiture
of proceeds, property and assets derived, directly or indirectly, from the crimes defined and penalized
in this Act, without prejudice to the rights of the bona fide third party. The court shall impose the
corresponding accessory penalties under the Revised Penal Code, as amended, especially where the
offender is a public officer.
The liabilities imposed in this Act shall not prejudice the application of other existing criminal,
civil and administrative liabilities that may additionally be imposed upon the person.
SECTION 12. Nonprescription. — The crimes defined and penalized under this Act, their
prosecution and the execution of sentences imposed on their account shall not be subject to any
prescription.
CHAPTER V
Principles of Criminal Liability and Application of Penalties
SECTION 13. Irrelevance of Official Capacity. — This Act shall apply equally to all persons without
any distinction based on official capacity. In no case shall the official capacity exempt a person from
criminal responsibility or constitute a ground for reduction of sentence.
SECTION 14. Responsibility of Superiors. — In addition to the grounds of criminal responsibility

for crimes defined and penalized under this Act, a superior shall be criminally responsible for such
crimes committed by subordinates where:
(a) The superior either knew or, owing to the circumstances at the time, should have known that
the subordinates were committing or were about to commit such crimes; or
(b) The superior failed to take all necessary, legitimate and reasonable measures to prevent
or repress their commission or to submit the matter to the competent authorities for
investigation and prosecution.
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SECTION 15. Orders from a Superior. — The fact that a crime defined and penalized under this
Act has been committed by a person pursuant to an order of a superior shall not relieve that person of
criminal responsibility unless all of the following elements occur:
(a) The person was under a legal obligation to obey orders of the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The person acted under duress or coercion.
For purposes of this SECTION, orders to commit grave child rights violations enumerated in
SECTION 9 hereof are manifestly unlawful and shall be punished under this Act and other applicable
existing laws.
SECTION 16. Unknown Superior. — Where the crimes defined and penalized under this Act have
been committed by a person pursuant to an order or command of an unknown superior, any person
who in fact directed the others, spoke for them, signed receipts and other documents issued in their
name, of who has performed similar acts on behalf of the armed groups, shall be deemed the superior.
CHAPTER VI
Investigation, Prosecution and Court
SECTION 17. Court, Prosecutors and Investigators. — The Family Courts shall have original and
exclusive jurisdiction over the crimes punishable under this Act.
The Commission on Human Rights (CHR), the Department of Justice (DOJ) and its attached
agencies, the PNP or other concerned law enforcement agencies shall designate prosecutors or
investigators, as the case may be, for cases involving crimes punishable under this Act.
The State shall ensure that judges, prosecutors and investigators designated for purposes of
this Act, receive effective training in human rights particularly on the Convention on the Rights of the
Child and its Optional Protocol on the Involvement of Children Involved in Armed Conflict and related
international instruments, International Humanitarian Law, International Criminal Law and National
Guidelines and Protocols on the Handling and Treatment of CIAC.
SECTION 18. Requirement and Procedures on Age Verification and Presumption of Minority.
— The child involved in, affected by or displaced by armed conflict, shall enjoy the presumption of
minority and shall enjoy all the rights of a child recognized in this Act and other applicable laws unless
proven to be at least eighteen (18) years of age or older.
The age of a child may be determined from the child’s birth certificate, baptismal certificate or
any other pertinent document. In the absence of these documents, age may be based on information
from the child, testimonies of other persons, the physical appearance of the child and other relevant
evidence such as dental records. In case of doubt as to the age of the child, it shall be resolved in favor
of the child being deemed a minor.
Any person contesting the age of the child prior to the filing of the information in any appropriate
court may file a case in a summary proceeding for the determination of age before the Family Court,
which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of
all interested parties.
If a case has been filed against the child and is pending in the appropriate court, the person shall
file a motion to determine the age of the child in the same court where the case is pending. Pending
hearing on the said motion, proceedings on the main case shall be suspended.
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In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts to determine the age of the child involved in armed conflict.
SECTION 19. Protection of Victims and Witnesses. — In addition to existing provisions in Philippine
law for the protection of victims and witnesses, the following measures shall be undertaken:
(a) The court shall take appropriate measures to protect the safety, physical and psychological
well-being, dignity and privacy of child victims and witnesses. Pursuant thereto, the
court shall give due regard to all relevant factors, including age, gender and health, and
the nature of the crime, particularly where the crime involves sexual or gender-based
violence or violence against children;
(b) The court shall protect the privacy of child victims and witnesses and observe confidentiality
consistent with existing rules on examination of child victims and witnesses;
(c) Where the personal interests of the child victims are affected, the court shall consider the
child victim’s views and concerns in accordance with established rules of procedure and
evidence; and
(d) Where the disclosure of evidence or information may be prejudicial to the security of the
child, witness or the family, the prosecution may withhold such evidence or information
and instead submit a summary thereof consistent with the rights of the accused to a fair
and impartial trial.
SECTION 20. Reparation to Victims. — In addition to existing provisions in Philippine law and
procedural rules for reparations to victims, the following measures shall be undertaken:
(a) The court shall follow the principles relating to the reparations to, or in respect of, child
victims, including restitution, compensation and rehabilitation, taking into consideration
the scope and extent of any damage, loss or injury suffered by child victims;
(b) The court shall make an order directly against a convicted person specifying appropriate
reparations to child victims, including restitution, compensation and rehabilitation; and
(c) Before making an order under this SECTION, the court may invite and shall take account
of representations from or on behalf of the convicted person, child victims or other
interested persons.
Nothing in this SECTION shall be interpreted to prejudice the rights of child victims under
national or international law.
SECTION 21. Immunity from Suit for Persons Providing Assistance. — Any person who shall
take custody of children involved in armed conflict to ensure their safety or provide them any form of
assistance shall be exempt from any civil, criminal and administrative liability: Provided, That the person
taking custody shall report it to the Local Social Welfare and Development Office (LSWDO), the PNP or
to the barangay office within forty-eight (48) hours from custody.
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CHAPTER VII
Rehabilitation and Reintegration, Rescue and Release
SECTION 22. Rescue, Rehabilitation and Reintegration. — The State shall institute policies,
programs and services for the rescue, rehabilitation and reintegration of children in situations of armed
conflict. The programs, which shall be provided by civilian local and national government agencies,
in partnership with nongovernment organizations shall aim at providing services for children while
involving their families, communities and other entities to facilitate the children’s reintegration process.
These services shall include psychosocial support, health and nutrition, education, livelihood for
families and other basic or legal services, as may be necessary.
Any program intervention shall be designed with due respect to the culture of each child, family
and community. The child shall, at all times, be provided with legal assistance and physical security
upon rescue.
Regardless of the perceived association of the children to one of the sides of the conflict, they
shall benefit from all available medical, psychosocial, legal, shelter and educational response mechanism
services for the victims of armed conflict.
The State shall take into account the protocol in the rescue, rehabilitation and reintegration of
children specified below:
(a) Rescue. — The State shall provide for adequate measures and mechanisms to facilitate the
recovery, either voluntary or involuntary, of children from armed groups or government
forces. It shall provide legal and physical security to children involved in armed conflict
including services such as family tracing and system of referral or response on various
psychosocial services needed by the victims;
(b) Rehabilitation. — The civilian national or local government agencies and civil society
organizations shall facilitate the normal development of children victims in their post-
involvement phase. It shall provide services including therapeutic counseling, security
and protection, educational assistance and livelihood opportunities to their parents,
relatives or guardians or to the victims when they become of age;
(c) Reintegration. — The civilian national or local government agencies and civil society
organizations shall bring children back to their families or communities whenever possible.
This shall involve services including the provision of alternative parental care. Trainings
aimed to enhance community readiness in the reintegration of these children shall also
be undertaken. Processes to facilitate the reintegration, healing and reconciliation of
CIAC with their communities shall also be undertaken. Whenever possible, interventions
for children shall be done with respect to their opinion. Interventions for indigenous
peoples (IPs) children shall be conducted in recognition of the traditional structures and
institutions of their communities.
SECTION 23. Release of Children Involved in Armed Conflict (CIAC). — The State shall take
all feasible measures to ensure that children recruited or used in armed conflict are demobilized,
dissociated or otherwise released from the government force or armed group.
For purposes of this Act, release activities shall be initiated independent of any negotiated
peace agreements.
The State, through its concerned agencies, in coordination with other stakeholders shall have
the following duties:
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(a) Develop a child-specific release program. This release program should not make as a
requirement the surrender of arms by CIAC;
(b) Monitor and document the status of CIAC who undergo either a formal or informal release
process;
(c) Facilitate data and information sharing between government and nongovernment
organizations to be informed and updated of the status of released CIAC and to assess
and address their needs, with due regard to the right to privacy of CIAC, their security
and safety, and considering the confidentiality of records;
(d) Mobilize and strengthen networks for referrals;
(e) Provide free legal assistance to released CIAC ensuring that the legal needs of the former
CIAC will be addressed, such as the prohibition or stoppage of filing charges or dismissal
of cases against CIAC as criminal or political offenders irrespective of their association
with any armed group or government force; and
(f) Ensure the formal release of CIAC through various approaches such as advocacy of concerned
groups, through the Government Peace Negotiating Panel (GPNP), and others: Provided,
That in any release action, the best interest of the child shall be observed.
SECTION 24. Rescued, Taken into Custody, or Surrendered Children Involved in Armed Conflict
(CIAC). — Where the CIAC have been rescued, taken into custody, or surrendered, they shall at all
times be treated in a child-friendly and sensitive manner. The State, at all times, shall consider the
safety and security of the CIAC, and ensure that they are not subjected to tactical interrogation or any
similar forms of investigation, especially by the police and military. The following procedures shall apply
without prejudice to the application of other existing laws that will uphold the best interests of the child:
(a) The identity of rescued CIAC shall be protected. Any identifying information regarding them
shall remain confidential;
(b) Rescued CIAC shall not be used for any political propaganda nor be unnecessarily exposed
to media in violation of child rights to privacy, security and confidentiality of their cases;
(c) Upon the rescue or surrender of the CIAC, government agencies, in particular, the AFP, the
PNP, the Department of National Defense (DND), the local government units (LGUs),
other concerned government agencies or nongovernment organizations in possession
of the CIAC shall report immediately within twenty-four (24) hours the incident to the
LSWDO, Local Council for the Protection of Children (LCPC) and the Council for the
Welfare of Children (CWC);
(d) The LSWDO or LCPC shall coordinate with the agency or nongovernment organization in
possession of CIAC for the handover of custody of the children to the Department of
Social Welfare and Development (DSWD);
(e) The handover to the LSWDO shall take place within twenty-four (24) hours or in cases where
handover is not possible within the prescribed twenty-four (24)-hour period due to valid
reasons and without the fault of the person having custody of the child, the handover
shall be done within the next seventy-two (72) hours;
(f) The LSWDO shall facilitate the family tracing and coordinate with parents, relatives or
guardians of the CIAC to inform them of the handover;
(g) The Local Health Office (LHO), in coordination with the LSWDO, shall check and assess the
medical and physical condition of the CIAC. In cases where medical needs are apparent,
the LHO shall ensure that medical services or treatment are received by the CIAC;
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(h) The LSWDO shall assess the needs of the CIAC and refer to concerned agencies to provide
immediate assistance or appropriate services.
The LSWDO shall require the parents of the child in situations of armed conflict to undergo
counseling or any other intervention that, in the opinion of the court, will advance the
welfare and best interest of the child. Relevant government agencies should provide
social welfare and social protection interventions for parents and children to ensure
family support, reintegration and rehabilitation, when necessary;
(i) The LSWDO, coordination with other agencies, shall enter the CIAC into the child-specific
reintegration programs; and
(j) The CIAC shall be reintegrated into the community and reunited with his or her family, or within
a family or community setting where they can be adequately cared for and protected.
In cases where reintegration to original community of origin is not feasible for reasons
of CIAC’s security, a conflict-free foster community or institution shall be identified. For
other cases where children associated with government forces or armed groups remain
with their family and community or maintain close ties, reintegration shall entail the
reorientation of children towards civilian life.
CHAPTER VIII
Involvement of Government and Nongovernment Organizations
SECTION 25. Inter-Agency Committee on Children in Situations of Armed Conflict. — To

effectively undertake the protection of the welfare of children in situations of armed conflict and for
proper implementation of this Act, the Inter-Agency Committee on Children Involved in Armed Conflict
(IAC-CIAC) created by Executive Order No. 138 shall now be known as the Inter-Agency Committee on
Children in Situations of Armed Conflict (IAC-CSAC). It shall be chaired by the CWC, with the following
government organizations (GOs) as members:
(a) Armed Forces of the Philippines (AFP);
(b) Commission on Human Rights (CHR);
(c) Department of the Interior and Local Government (DILG);
(d) Department of Health (DOH);
(e) Department of Education (DepEd);
(f) Department of Justice (DOJ);
(g) Department of National Defense (DND);
(h) Department of Social Welfare and Development (DSWD);
(i) Local government units (LGUs);
(j) National Commission on Indigenous Peoples (NCIP);
(k) National Commission on Muslim Filipinos (NCMF);
(l) Office of Civil Defense (OCD);
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(m) Office of the Presidential Adviser on the Peace Process (OPAPP);
(n) Philippine Commission on Women (PCW);
(o) Philippine National Police (PNP); and
(p) Two (2) civil society organizations working in the same field.
In caring for children in situations of armed conflict, child-focused NGOs, shall take active part
in and continually strive to strengthen their programs and capabilities to deliver protection to these
children.
For proper implementation of this Act, all GOs and NGOs including those identified herein shall
provide their respective counterpart support including technical, logistical and financial assistance relative
to the implementation of programs, projects and activities for children in situations of armed conflict,
in accordance with their mandate and in accordance with existing accounting and auditing rules and
regulations.
All programs should be participatory and should ensure the involvement of children, their
communities, NGOs, faith-based organizations or groups, and other concerned groups.
SECTION 26. Functions of the IAC-CSAC. — The IAC-CSAC shall perform the following functions:
(a) Ensure that international instruments such as the UNCRC, the optional protocol on the
involvement of children in armed conflict and other related human rights treaties are
considered as actions taken;
(b) Formulate guidelines and develop programs, in coordination with concerned agencies, for
the handling of children involved in armed conflict and monitor or document cases of
capture, surrender, arrest, rescue or recovery by government forces;
(c) Conduct human rights training, advocacy and information campaigns and capability building
of LGUs;
(d) Implement a monitoring, reporting and response system for grave child rights’ violations in
situations of armed conflict; and
(e) Work closely with concerned agencies in coordinating and monitoring the implementation of
the enhanced CSAC program framework.
CHAPTER IX
Monitoring and Reporting
SECTION 27. Monitoring and Reporting System. — The State, through IAC-CSAC, shall ensure
the implementation of the provisions of this Act and shall submit to the President and to Congress of
the Philippines the annual report thereof. The IAC-CSAC, through the CWC, shall continue to maintain
and strive to improve the database established by Executive Order No. 138 for the monitoring and
reporting of children in situations of armed conflict. Its monitoring system should have demographic
data on children disaggregated by sex, age, disability and ethnicity.
The CWC may hire additional personnel to complement its present secretariat to perform its
functions relative to this Act.
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CHAPTER X
Transitory Provisions
SECTION 28. Dismissal of Criminal Cases. — Upon the effectivity of this Act, criminal cases
against children involved in armed conflict shall immediately be dismissed and the child shall be referred
to the LSWDO. Such office, upon thorough assessment of the child, shall determine whether to release
the child to the custody of the parents, or refer the child to prevention, rehabilitation and reintegration
programs as provided under this Act. Those with suspended sentences and undergoing rehabilitation
at a youth rehabilitation center shall likewise be released: Provided, That the Family Court shall, in
consultation with concerned agencies, determine and order the appropriate prevention, rehabilitation
and reintegration programs the person shall undergo as provided under this Act.
SECTION 29. Inventory of Custody of Children in Situations of Armed Conflict. — The AFP,
PNP, BJMP, DSWD, NCIP, NCMF and the concerned LGUs are hereby directed to submit to the CWC,
within ninety (90) days from the effectivity of this Act, an inventory of all children in situations of armed
conflict under their custody.
SECTION 30. Children Who Reach the Age of Eighteen (18) Years Pending Court Proceedings or
in Suspended Sentences. — In cases when a child with a pending case reaches the age of eighteen (18)
years, the Family Court shall dismiss the case against the person and determine, in consultation with
concerned agencies, whether or not there is a need for the person to undergo appropriate rehabilitation
and reintegration programs provided under this Act.
Those with suspended sentences and undergoing rehabilitation at a youth rehabilitation

center shall likewise be released: Provided, That the Family Court shall, in consultation with concerned
agencies, determine and order the appropriate rehabilitation and reintegration programs the person
shall undergo as provided under this Act.
SECTION 31. Children Who Have Been Convicted and Are Serving Sentence. — Persons who
have been convicted and are serving sentence at the time of the effectivity of this Act and who were
below the age of eighteen (18) years at the time of the commission of the offense for which they were
convicted, and are serving sentence, shall likewise benefit from the retroactive application of this Act.
They shall be entitled to appropriate dispositions provided under this Act, and their sentences shall
be adjusted accordingly. They shall be immediately released if they are so qualified render this Act or
other applicable laws.
CHAPTER XI
Final Provisions
SECTION 32. Appropriations. — The amount necessary to cover the initial implementation of
this Act shall be charged against the current year’s appropriations of the concerned implementing
departments/agencies. Thereafter, the amount necessary for its continued implementation shall be
included in the budgets of the concerned departments/agencies in the annual General Appropriations
Act.
SECTION 33. Implementing Rules and Regulations. — The CWC, together with its member
agencies in the IAC-CSAC, in consultation with civil society organizations, shall promulgate the
implementing rules and regulations of this Act within ninety (90) days from its approval. All government
agencies enumerated in SECTION 25 of this Act shall be consulted insofar as the drafting of their
responsibilities are concerned.
Nongovernment organizations involved in caring for children in situations of armed conflict shall
likewise be consulted in the drafting of the implementing rules and regulations of this Act.
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SECTION 34. Congressional Oversight Committee on Children in Situations of Armed Conflict. —
There is hereby created an oversight committee on CSAC which shall be composed of the chairpersons
of the Committee on Children in the Senate and in the House of Representatives, CWC, OPAPP, CHR,
DSWD, and one (1) CSO representative which shall be determined by the aforementioned government
agencies.
SECTION 35. Suppletory Application. — For purposes of this Act, the Revised Penal Code, as
amended, Presidential Decree No. 603, Republic Act No. 7610, Republic Act No. 9208, Republic Act
No. 9231, Republic Act No. 9851, and Republic Act No. 10364 and other applicable laws shall have
suppletory application.
SECTION 36. Separability Clause. — If any part or provision of this Act is declared invalid or
unconstitutional, the other parts hereof not affected thereby shall remain valid.
SECTION 37. Repealing Clause. — Article X, SECTIONs 22 to 26 of Republic Act No. 7610, Executive
Order No. 138, all laws, acts, presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified
or repealed accordingly.
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Title of Law: An Act Scaling Up the National and Local Health and Nutrition Programs
Through Strengthened Integrated Strategy for Maternal, Neonatal, Child Health and
Nutrition in the First One Thousand (1000) Days of Life, Appropriating Funds Therefor
Short Title: Kalusugan at Nutrisyon ng Mag-Nanay Act
Date of Passage: November 29, 2018
Category of Child’s Rights: Survival and Development
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules And Regulations (IRR) Of Republic
Act (RA) 11148, Otherwise Known As The “Kalusugan At Nutrisyon Ng Mag-Nanay Act” (May
2, 2019)
AN ACT SCALING UP THE NATIONAL AND LOCAL HEALTH AND NUTRITION PROGRAMS THROUGH
A STRENGTHENED INTEGRATED STRATEGY FOR MATERNAL, NEONATAL, CHILD HEALTH AND
NUTRITION IN THE FIRST ONE THOUSAND (1,000) DAYS OF LIFE, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Kalusugan at Nutrisyon ng Mag-Nanay
Act.”
SECTION 2. Declaration of Policy. — The right to health is a fundamental principle guaranteed

by the State. SECTION 15, Article II of the 1987 Constitution emphasizes that “The State shall protect
and promote the right to health of the people and instill health consciousness among them.” Moreover,
pursuant to various international human rights instruments and agreements that the State adheres to,
the State guarantees the right to adequate food, care and nutrition to pregnant and lactating mothers,
including adolescent girls, women of reproductive age, and especially children from zero (0) to two (2)
years old.
Furthermore, the State commits to the Philippine Development Plan and the national plans on
nutrition to contribute to the improvement of the quality of human resource in the country, and the
reduction of maternal and child mortality and stunting.
The State declares its determination to eliminate hunger and reduce all forms of malnutrition.
The State further maintains that ensuring healthy lives, promoting well-being, ending hunger and food
insecurity, and achieving good nutrition for all at all ages are essential to the attainment of sustainable
development.
As such, the State prioritizes nutrition for adolescent females, pregnant and lactating women,
infants and young children, to be implemented in an integrated manner by all branches of government,
using a whole-of-government approach in collaboration with civil society organizations and the
private sector.
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Towards this end, the State scales up nutrition intervention programs in the first one thousand
(1,000) days of a child’s life, and allocates resources in a sustainable manner to improve the nutritional
status and to address the malnutrition of infants and young children from zero (0) to two (2) years old,
adolescent females, pregnant and lactating women, as well as to ensure growth and development of
infants and young children.
SECTION 3. Objectives. — This Act specifically aims to:
(a) Provide comprehensive, sustainable, multisectoral strategies and approaches to address

health and nutrition problems of newborns, infants and young children, pregnant and
lactating women and adolescent females, as well as multi-factorial issues that negatively
affect the development of newborns, infants and young children, integrating the short,
medium and long-term plans of the government to end hunger, improve health and
nutrition, and reduce malnutrition;
(b) Provide a policy environment conducive to nutrition improvement;
(c) Provide evidence-based nutrition interventions and actions which integrate responsive
caregiving and early stimulation in a safe and protective environment over the first
one thousand (1,000) days as recommended by the United Nations Children’s Fund
(UNICEF) and the World Health Organization (WHO), as well as nutrition-specific and
nutrition-sensitive mechanisms, strategies, programs and approaches in implementing
programs and projects to improve nutritional status, and to eradicate malnutrition and
hunger;
(d) Strengthen and define the roles of the Department of Health (DOH), the National Nutrition
Council (NNC), and other government agencies tasked to implement nutrition programs
in the first one thousand (1,000) days;
(e) Institutionalize and scale up nutrition in the first one thousand (1,000) days in the national
plan on nutrition, the early childhood care and development intervention packages
developed by the NNC, the Philippine Development Plan, the National Plan of Action for
Children, the regional development plans, and local government units’ (LGUs) investment
plans for health and nutrition;
(f) Ensure the meaningful, active and sustained participation, partnership and cooperation of
NNC-member agencies, other National Government Agencies (NGAs), LGUs, civil society
organizations (CSOs), and the private sector, in an integrated and holistic manner, for
the promotion of the health and nutritional well-being of the population, prioritizing
interventions in areas with high incidence and magnitude of poverty, Geographically
Isolated and Disadvantaged Areas (GIDA), and in hazard and conflict zones;
(g) Strengthen enforcement of Executive Order No. 51, otherwise known as the “National Code
of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related
Products” or the “Milk Code,” and Republic Act No. 10028, otherwise known as the
“Expanded Breastfeeding Promotion Act of 2009,” to protect, promote, and support
optimal infant and young child feeding and maternity protection, and in consultation with
the stakeholders in the public and private sectors, consider the new recommendations
from the World Health Assembly (WHA) Resolution 69.9 to end the inappropriate
promotion of food for infants and young children;
(h) Strengthen the implementation of other nutrition-related laws, programs, policies and
guidelines including multisectoral integration, gender equality and promotion of the
United Nations Convention on the Rights of the Child (UNCRC); and
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(i) Strengthen the family community support systems with the active engagement of parents
and caregivers, with support from LGUs, the NGAs, CSOs, and other stakeholders.
SECTION 4. Scaling Up Health and Nutrition for the First One Thousand (1,000) Days of Life.
— The DOH, the NNC, the Department of Agriculture (DA), in coordination with other NGAs, the LGUs,
the CSOs, and other stakeholders, shall develop a comprehensive and sustainable strategy for the
first one thousand (1,000) days of life to address the health, nutrition, and developmental problems
affecting infants, young children, adolescent females, and pregnant and lactating women. It shall
operationalize the latest national plan on nutrition, integrating the short, medium and long-term plans
of the government in response to the global call to eradicate hunger, improve nutrition, and prevent
and manage malnutrition, as one (1) of the seventeen (17) Sustainable Development Goals (SDGs).
SECTION 5. Coverage. — This Act covers those who are nutritionally-at-risk, especially pregnant
and lactating women, particularly teenage mothers, women of reproductive age, adolescent girls, and
all Filipino children who are newly born up to age twenty-four (24) months.
Priority shall be given to those who reside in disaster-prone areas and GIDA, such as areas that
are isolated due to distance, inaccessibility to transportation, and weather conditions, unserved and
underserved communities and other areas identified to have high incidences of poverty, those persons
belonging to the vulnerable sector, communities in or recovering from situation of crisis or armed
conflict and recognized as such by a government body.
The NNC shall prioritize LGUs, which meet any of the following criteria:
(a) With the highest prevalence of undernutrition and nutrient-deficiency among pregnant and
lactating women and children aged zero (0) to two (2) years;
(b) Availability of facilities or capability to implement the program; and
(c) Prioritizes such program in their locality and willingness to provide counterpart resources for
its implementation.
SECTION 6. Definition of Terms. — For purposes of this Act, the following terms are defined as
follows:
(a) Breastmilk Substitute refers to any type of milk, in either liquid or powdered form, including
soy milk and follow-up formula, that are specifically marketed for feeding infants and
young children up to the age of three (3) years;
(b) Chronic Energy Deficiency (CED), or acute undernutrition, refers to a condition where
there is negative energy balance due to inadequate food and nutrient intake, problems
in absorption, relatively rare or excessive nutrient loss mostly due to infections and
malignancies;
(c) Civil Society Organizations (CSOs) refer to non-State actors whose aims are neither to generate
profits nor to seek governing power, such as nongovernment organizations (NGOs),
professional associations, foundations, independent research institutes, community-
based organizations (CBOs), faith-based organizations, people’s organizations, social
movements, networks, coalitions, and labor unions, which are organized based on
ethical, cultural, scientific, religious or philanthropic considerations;
(d) Early Stimulation refers to the process where infants and young children receive external
stimuli to interact with others and their environment. It provides different opportunities
for the child to explore, develop skills and abilities in a natural way and understand
what is happening around them. Examples of early stimulation are language, motor and
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sensory stimulation with the aim of optimizing their cognitive, physical, emotional and
social abilities, to avoid undesired states in development;
(e) First one thousand (1,000) days of life refers to the period of a child’s life, spanning the nine
(9) months in the womb starting from conception to the first twenty-four (24) months of
life, which is considered to be the critical window of opportunity to promote health and
development and prevent malnutrition and its life-long consequences;
(f) Geographically Isolated and Disadvantaged Areas (GIDA) refer to areas that are isolated
due to distance or geographical isolation, weather conditions and lack of modes of
transportation. This also refers to unserved and underserved communities and other
areas identified to have access or service delivery problems, high incidence of poverty,
presence of vulnerable sector, communities in or recovering from situation of crisis or
armed conflict, and those recognized as such by a government body;
(g) Low birth weight refers to weight at birth of an infant, whether born full term or preterm, of
less than 2,500 grams or 5.5 pounds, or 5 pounds and 8 ounces;
(h) Malnutrition refers to deficiencies, excesses or imbalances in a person’s intake of protein,

energy (carbohydrates and fats) and/or nutrients covering both undernutrition which
includes suboptimal breastfeeding, stunting, wasting or thinness, underweight and
micronutrient deficiencies or insufficiencies, as well as overnutrition, which includes
overweight and obesity;
(i) Moderate Acute Malnutrition (MAM) refers to low weight-for-length/height, defined as

between two (2) and three (3) Standard Deviations (SD) below the median (<-2 up
to -3 SD) of the WHO growth standards or a Mid-Upper Arm Circumference (MUAC)
measurement of less than one hundred twenty-five millimeters (<125mm) and greater
than or equal to one hundred fifteen millimeters (>115mm);
(j) Nutrition-sensitive interventions and programs refer to interventions or programs that

address the underlying determinants of maternal, fetal, infant and child nutrition and
development, such as those pertaining to food security, social protection, adequate
caregiving resources at the maternal, household and community levels; and access
to health services and a safe and hygienic environment, and incorporate specific
nutrition goals and actions. Nutrition-sensitive programs can serve as delivery platforms
for nutrition-specific interventions, potentially increasing their scale, coverage, and
effectiveness;
(k) Nutrition-specific interventions and programs refer to interventions or programs that

address the immediate determinants of maternal, fetal, infant and child nutrition and
development, adequate food and nutrient intake, feeding, caregiving and parenting
practices, and low burden of infectious diseases;
(l) Nutritionally-at-risk pregnant women refers to pregnant women, including teenage mothers,
with a low pre-pregnancy body mass index (BMI) or those who do not gain sufficient
weight during pregnancy, with any of the following predisposing factors: narrowly-
spaced pregnancies and births, situated in families with low income, with large number
of dependents where food purchase is an economic problem, has previously given birth
to a preterm or low birth weight infant, or other unfavorable prognostic factors, such
as obesity or anemia, with diseases which influence nutritional status such as diabetes,
tuberculosis, drug addiction, alcoholism and mental disorder;
(m) Overweight and obesity refer to the abnormal or excessive fat accumulation that may
impair health. It is measured by BMI, a simple index of weight-for-height, which is
commonly used to classify overweight and obesity among adults. BMI is calculated by
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dividing a person’s weight in kilograms by the square of his/her height in meters (kg/
m2). According to the WHO, adults with a BMI greater than or equal to twenty-five (25)
are overweight and a BMI greater than or equal to thirty (30) is obese. For children, it
is defined as the percentage of children aged zero (0) to fifty-nine (59) months whose
weight for length/height is above two (2) SD (overweight) or above three (3) SD (obese)
from the median of the WHO Child Growth Standards;
(n) Responsive caregiving refers to the method where the caregiver pays prompt and close
attention with affection to what the child is signaling and then provides a response that
is appropriate to the child’s immediate behavior, needs and developmental state;
(o) Severe Acute Malnutrition (SAM) refers to very low weight for length/height, defined as
less than three (3) SD below the median (<-3SD) of the WHO Growth Standards,
characterized by visible severe wasting, or by the presence of bipedal pitting edema, or
a MUAC measurement of less than one hundred fifteen millimeters (<115mm); and
(p) Stunting refers to chronic undernutrition during the most critical periods of growth and
development in early life. It is defined as the percentage of children aged zero (0)
to fifty-nine (59) months whose height for age is below minus two (2) SD (moderate
stunting) and minus three (3) SD (severe stunting) from the median of the WHO Child
Growth Standards.
SECTION 7. Program Implementation. — The DOH, in coordination with the NNC, the DA, the
LGUs and other NGAs concerned, shall be responsible for the implementation of this Act. It shall be
implemented at the barangay level through the rural health units and/or barangay health centers, in
coordination with the Sangguniang Barangay. The Barangay Nutrition Scholars (BNS) and the Barangay
Health Workers (BHWs) shall be mobilized and provided with resources and benefits to carry out their
tasks.
The LGUs are encouraged to integrate maternal, neonatal, child health and nutrition programs
in the local nutrition action plans and investment plans for health.
The NNC and other concerned NGAs shall provide appropriate technical assistance to respective
LGU counterparts in the development, formulation, and implementation of this Act.
SECTION 8. Program Components. — The program shall include health and nutrition services
and interventions provided at the different life stages. The LGUs, NGAs, concerned CSOs, and other
stakeholders shall work together to ensure the delivery of these services and interventions.
(a) Prenatal Period (First Two Hundred Seventy (270) Days). — Prenatal care services at the
facility and community level shall include, but not be limited to, the following:
(1) Pregnancy tracking and enrollment to antenatal care services (ANC);
(2) Regular follow up to complete the recommended minimum number of quality ANC
care visits with proper referral for high-risk pregnancies;
(3) Provision of maternal immunizations including tetanus and diphtheria toxoid vaccine,
and other vaccines as appropriate;
(4) Empowering women on the preparation of birth and emergency plans, and
appropriate plans for breastfeeding and rooming-in, including counselling;
(5) Counselling on maternal nutrition, appropriate infant and young child feeding
practices;
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(6) Early identification and management of nutritionally-at-risk pregnant women and
pregnant adolescent females and provision of ready-to-use supplementary
food (RUSF) in addition to dietary supplementation;
(7) Provision of micronutrient supplements such as iron, folic acid, calcium, iodine and
other micronutrients deemed necessary;
(8) Promotion of the consumption of iodized salt and foods fortified with micronutrients
deemed necessary;
(9) Assessment of risk for parasitism and provision of anti-helminthic medicines;
(10) Provision of oral health services including oral health assessment;
(11) Counselling on proper hand-washing, environmental sanitation, and personal

hygiene;
(12) Counselling on, and utilization of, responsible parenthood and family health services;
(13) Counselling on nutrition, smoking cessation, and adoption of healthy lifestyle

practices;
(14) Philippine Health Insurance Corporation (PhilHealth) enrollment and linkages to

facility and community-based health and nutrition workers and volunteers;
(15) Social welfare support to improve access to health and nutrition services, such
as, but not limited to, dietary supplementation, healthy food products and
commodities for nutritionally-at-risk pregnant women belonging to poorest of
the poor families, including those with disabilities;
(16) Maternity protection during pregnancy;
(17) Counselling and support to parents and caregivers on parent/caregiver-infant/

child interaction for responsive care and early stimulation for early childhood
development;
(18) Provision of counselling and psychosocial support to parents and caregivers with
priority to high-risk pregnant women and adolescent females belonging to
poorest of the poor families; and
(19) Others as may be determined based on international and national guidelines and
evidence generated locally.
(b) Women About to Give Birth and Immediate Postpartum Period. — Health and nutrition
services at the facility and community level shall include, but not be limited to, the
following:
(1) Adherence to the couple’s birth, breastfeeding, and rooming-in plans;
(2) Provision of mother-friendly practices during labor and delivery in line with,
and in compliance with, Mother and Baby-Friendly Health Facility Initiative
(MBFHFI), Republic Act No. 10028, otherwise known as the “Expanded
Breastfeeding Promotion Act of 2009,” Executive Order No. 51 or the “Milk
Code,” and other related administrative issuances of the DOH on maternal and
newborn care;
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(3) Monitoring of the progress of labor and the well-being of both the mother and the
fetus, and provision of interventions to any health issue that may arise;
(4) Identification of high-risk newborns that will be delivered; the premature, small for
gestational age (SGA), and/or low birth weight infants; and the provision of
preventive interventions to reduce complications of prematurity or low birth
weight;
(5) Coverage and utilization of PhilHealth benefit packages for maternal care;
(6) Nutrition counselling and provision of nutritious food and meals at the facility, most
especially for women who gave birth to babies who are preterm, SGA, or low
birth weight, until discharged;
(7) Provision of lactation management services to support breastfeeding initiation

and exclusive breastfeeding for six (6) months, most especially for caesarean
deliveries, and thereafter until discharged;
(8) Counselling on proper hand-washing, environmental sanitation, and personal hygiene;
(9) Counselling on, and utilization of, modern methods of family planning and access
to reproductive health care services, as defined in Republic Act No. 10354,
otherwise known as “The Responsible Parenthood and Reproductive Health Act
of 2012”;
(10) Maintenance of non-separation of the mother and her newborn and rooming-in for
early breastfeeding initiation;
(11) Assurance of women and child-friendly spaces during calamities, disasters, or other
emergencies;
(12) Provision of support to fathers and caregivers to ensure their commitment to

support the mother and the child on proper health and nutrition care and provide
necessary counselling and positive parenting support interventions;

development; and
(c) Postpartum and Lactating Women. — Health and nutrition services at the facility and
community level shall include, but not be limited to, the following:
(1) Follow-up visits to health facilities where they gave birth;
(2) Home visits for women in difficult-to-reach communities especially if located in a

GIDA;
(3) Lactation support and counselling from birth up to two (2) years and beyond,
including those women who will return to work and for women in the informal
economies, and those with breastfeeding difficulties;
(4) Nutrition assessment and counselling to meet the demands of lactation in health
facilities and workplaces;
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(5) Identification and management of malnutrition of chronically energy deficient (CED)
and nutritionally-at-risk postpartum and lactating women, including adolescent
mothers, and provision of RUSF in addition to dietary supplementation, as
appropriate;
(6) Organization of community-based mother support groups and peer counsellors for
breastfeeding in cooperation with other health and nutrition workers;
(7) Lactation breaks for women in the workplaces including micro, small and medium
enterprises;
(8) Availability of lactation stations in the workplaces, both in government and in the
private sector, informal economy workplaces, and in public places and public
means of transportation as stipulated in Republic Act No. 10028, otherwise known
as the “Expanded Breastfeeding Promotion Act of 2009” and its implementing
rules and regulations;
(9) Organization of breastfeeding support groups in workplaces, in cooperation with

occupational health workers and human resource managers trained in lactation
management for the workplace;
(10) Provision of micronutrient supplements including iron, folic acid, Vitamin A and other
micronutrients deemed necessary;
(11) Promotion of the consumption of iodized salt and foods fortified with micronutrients
deemed necessary;
(12) Provision of oral health services;
(13) Counselling on, and utilization of, modern methods of family planning, and access
to reproductive health care services, as defined in Republic Act No. 10354,
otherwise known as “The Responsible Parenthood and Reproductive Health Act
of 2012”;
(14) Social welfare support to improve access to health and nutrition services, such as, but
not limited to, dietary supplementation, healthy food products and commodities
for CED and nutritionally-at-risk postpartum and/or lactating women belonging
to poorest of the poor families;
(15) Assurance of women-friendly and child-friendly spaces where mothers and their
infants will be able to continue breastfeeding during calamities, disasters, or
other emergencies;
(16) Provision of support to fathers and caregivers to ensure their commitment to

support the mother and the child on proper health and nutrition care and provide
necessary counselling and positive parenting support intervention;

child interaction for responsive care, and early stimulation for early childhood
development; and
(d) Birth and Newborn Period (Twenty-eight (28) Days). — Health and nutrition services at the
facility and community level shall include, but not be limited to, the following:
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(1) Provision of baby-friendly practices during delivery in line, and in compliance, with the
MBFHFI and essential newborn care protocol of the DOH in all facilities providing
birthing services;
(2) Provision of early and continuous skin-to-skin contact to all full-term babies and
continuous kangaroo mother care for small babies born preterm and low birth
weight, in compliance with the newborn protocol of the DOH in all facilities
providing birthing services;
(3) Maintenance of non-separation of the mother and her newborn from birth for early
breastfeeding initiation and exclusive breastfeeding;
(4) Provision of routine newborn care services such as eye prophylaxis, Vitamin K
supplementation, and immunizations;
(5) Administration of newborn screening and newborn hearing screening;
(6) Availment and utilization of appropriate PhilHealth benefit packages for the newborn
including the preterm, low birth weight and small babies;
(7) Provision of early referral to higher level facilities to manage illness and/or other
complications;
(8) Availability of human milk pasteurizer for strategic level two (2) and level three (3)
facilities with neonatal intensive care units to ensure breastmilk supply for small
babies born preterm and low birth weight within its facility, the service delivery
network it serves, and for use of infants and young children during emergencies
and disasters;
(9) Assurance of a child-friendly space where exclusively breastfed infants will be able
to continue breastfeeding during calamities, disasters or other emergencies;
(10) Social welfare support to improve access to health and nutrition services for
newborns belonging to poorest of the poor families;
(11) Facilitate the prompt birth and death registration, including fetal deaths, including
restoration and reconstruction of birth and death registration documents
destroyed during disasters;

development;
(13) Provision of support to parents and caregivers on early stimulation and responsive
care for infants; and
(e) First Six (6) Months of Infancy (One Hundred Eighty (180) Days). — Health and nutrition
services at the facility and community level shall include, but not be limited to, the
following:
(1) Provision of continuous support to mother and her infant for exclusive breastfeeding,
including referral to trained health workers on lactation management and
treatment of breast conditions;
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(2) Provision of appropriate and timely immunization services integrated with assessment
of breastfeeding, early child development, growth monitoring and promotion,
and Infant and Young Child Feeding (IYCF) counselling;
(3) Growth and development monitoring and promotion of all infants less than six (6)
months old especially those who had low birth weight, are stunted, or had acute
malnutrition;
(4) Counselling household members on hand-washing, environmental sanitation, and

personal hygiene;
(5) Provision of early referral to higher level health facilities to manage common childhood
illnesses including acute malnutrition;
(6) Identification and management of moderate or severe acute malnutrition among

infants less than six (6) months old and provision of lactation management
services and management of medical conditions contributing to malnutrition;

development;
(8) Social welfare support to improve access to health and nutrition services for newborns
belonging to poorest of the poor families;
(9) Provision of support to fathers and caregivers to ensure their commitment to support
the mother and the child on proper health and nutrition care and provide
necessary counselling and positive parenting support interventions;
(10) Assurance of women and child-friendly spaces during calamities, disasters, or other
emergencies where health and nutrition services for women and children shall
be provided; and
(f) Infants Six (6) Months up to Two (2) Years of Age. — Health and nutrition services at the
community level shall include, but not be limited to, the following:
(1) Timely introduction of safe, appropriate, and nutrient-dense quality complementary

food with continued and sustained breastfeeding for all infants from six
(6) months up to two (2) years of age, with emphasis on the use of suitable,
nutrient-rich, home-prepared, and locally available foods that are prepared and
fed safely;
(2) Provision of nutrition counselling on complementary food preparation and feeding to

mothers and caregivers;
(3) Dietary supplementation of age-appropriate and nutrient-dense quality

complementary food;
(4) Growth and development monitoring and promotion in health facilities and at home;
(5) Provision of routine immunizations based on the latest DOH guidelines;
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(6) Provision of micronutrient supplements deemed necessary;
(7) Management of common childhood illnesses based on WHO and DOH guidelines;
(8) Management of moderate and severe acute malnutrition using national guidelines
and proper referral to higher level health facilities as appropriate, for treatment
and management, especially those with serious medical complications;
(9) Provision of oral health services including application of fluoride varnish to prevent
dental caries;
(10) Provision of anti-helminthic tablets for children one (1) to two (2) years old as
appropriate;
(11) Availability of potable source of water, counselling of household members on

hand-washing, environmental sanitation, and personal hygiene, and support
for sanitation needs of households to reduce food, water, and vector-borne
diseases;

child interaction for responsive care, and early stimulation for early childhood
development, and referral for development delays and other disabilities for
early prevention, treatment and rehabilitation;
(13) Social welfare support to improve access to health and nutrition services such as,
but not limited to, dietary supplementation, complementary food, other healthy
food products and commodities, assessment and referral for development
delays and other disabilities for early prevention, treatment and rehabilitation
for infants six (6) months and above who belong to poorest of the poor families;
(14) Support for home kitchen gardens wherever feasible;
(15) Provision of locally available grown crops, vegetables and fruits in addition to
other agricultural products to be used in complementary feeding and dietary
supplementation;
(16) Protection against child abuse, injuries and accidents including the provision of first
aid, counselling and proper referrals; and
SECTION 9. Health and Nutrition of Adolescent Females. — To address the cyclical nature of
malnutrition among the population, delivery of health and nutrition services for adolescent females ten
(10) to eighteen (18) years old at facility, school, and community levels shall include, but not be limited
to, the following:
(a) Assessment of health and nutrition status and identification of nutritionally-at-risk adolescent
girls, as well as provision of ready to use supplementary food or ready to use therapeutic
food for nutritionally-at-risk adolescent females, as appropriate;
(b) Provision of age-appropriate immunizations based on the latest DOH guidelines;
(c) Provision of oral health services including oral health assessment;
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(d) Provision of anti-helminthic drugs for deworming;
(e) Counselling on proper hand-washing, environmental sanitation, and personal hygiene;
(f) Provision of micronutrient supplements according to guidelines of the DOH, in partnership

with the Department of Education (DepEd);
(g) Promotion of the consumption of iodized salt and foods fortified with micronutrients that
may be deemed necessary;
(h) Referral to appropriate health facilities to manage menstruation irregularities or abnormalities

that contribute to anemia and blood loss, and to manage complicated illnesses including
moderate, severe acute malnutrition;
(i) Counselling on proper nutrition, mental health, avoidance of risk-taking behaviors, smoking
cessation, adoption of healthy lifestyle practices, and family health; and
(j) Others as may be determined based on international guidelines and evidence generated
locally.
SECTION 10. Other Program Components. — The LGUs, NGAs, concerned CSOs, and other
stakeholders shall likewise include the following cross-cutting components in the implementation of the
program:
(a) National and local health and nutrition investment planning and financing;
(b) Policy, standards, and guideline development;
(c) Health and nutrition promotion and education, social mobilization and community organization,
including advocacy;
(d) Service delivery;
(e) Health and nutrition human resources capacity development;
(f) Sectoral collaboration and partnerships;
(g) Logistics and supply management;
(h) Knowledge management and information; and
(i) Monitoring and evaluation, and research and development.
SECTION 11. Nutrition in the Aftermath of Natural Disasters and Calamities. — Areas that are
affected by disasters and emergency situations, both natural and man-made must be prioritized in
the delivery of health and nutrition services, and psychosocial services interventions. NGAs and LGUs
are mandated to immediately provide emergency services, food supplies for proper nourishment of
pregnant and lactating mothers, and children, specifically those from zero (0) to two (2) years old.
Women, infant and child-friendly spaces shall be prepared and ready to accommodate women and
their children, provide their daily necessities such as food, clothing, clean water, and shelter; readily
available breastfeeding support and counselling for those with children up to two (2) years or beyond,
as well as provision and guidance on the appropriate complementary food for children over six (6)
months old.
Donations of milk formula, breastmilk substitutes, and/or products covered by the Milk
Code without the approval of the Inter-Agency Committee (IAC) created under Executive Order No. 51,
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Series of 1986, shall be prohibited in order to protect the health and nutrition of pregnant and lactating
women, infants and young children before, during and after a disaster.
In emergency situations, donations or assistance from the private sector, with no conflicts of
interest or those not involved with manufacture, marketing, and sales of products covered by the scope
of the Milk Code, shall be allowed immediately in the aftermath of natural disasters and calamities.
Strict compliance with the Milk Code and its revised implementing rules and regulations (IRR) shall be
observed, and options for mothers with breastfeeding problems will be provided, such as, but not
limited to, the mobilization of breastfeeding support groups or strategic establishment of local milk
banks.
The DOH and other relevant departments, in coordination with the National Disaster Risk
Reduction and Management Council (NDRRMC), shall formulate guidelines and mechanisms in pursuit of
this SECTION, taking into consideration humanitarian, inclusive, gender and culture-sensitive standards
for the protection of children, pregnant and lactating mothers, in accordance with Republic Act No.
10821, otherwise known as the “Children’s Emergency Relief and Protection Act,” its implementing rules
and regulations, and the Comprehensive Emergency Program for Children.
SECTION 12. Capacity-Building of Barangay Health and Nutrition Volunteers. — The DOH and
the NNC, in coordination with LGUs, shall provide practical and effective training courses to BNSs,
BHWs, and other personnel concerned to upgrade their skills and competence in the implementation
of the services and interventions for the health and nutrition of women and children.
SECTION 13. The National Nutrition Council (NNC) Governing Board. — The NNC Governing
Board shall be composed of the following:
(a) Secretary of the DOH as the ex officio Chairperson;
(b) Secretary of the DA as the ex officio Vice Chairperson;
(c) Secretary of the Department of the Interior and Local Government (DILG) as the ex officio Vice
Chairperson;
(d) Secretary of the DepEd;
(e) Secretary of the Department of Social Welfare and Development (DSWD);
(f) Secretary of the Department of Trade and Industry (DTI);
(g) Secretary of the Department of Labor and Employment (DOLE);
(h) Secretary of the Department of Science and Technology (DOST);
(i) Secretary of the Department of Budget and Management (DBM);
(j) Secretary of the National Economic and Development Authority (NEDA); and
(k) Three (3) representatives from the private sector to be appointed by the President who shall
come from any of the following: (1) health and nutrition professional organizations; (2)
women sector; (3) farmer and fisherfolk; (4) urban poor; (5) organization or association of
community health workers or BNS; (6) CSOs; and (7) academe and research institutions.
Said representatives shall serve for a term of two (2) years.
The heads of departments may be represented by their duly designated representatives who
shall be of a rank not lower than an Assistant Secretary.
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Persons from the private sector with conflicts of interest, especially as described in Executive
Order No. 51, Series of 1986, are prohibited from being members of the Council.
The composition of the NNC’s Secretariat and Technical Committee as defined in Executive
Order No. 234, series of 1987, “Reorganizing the National Nutrition Council” shall be maintained.
SECTION 14. Functions, Roles, and Responsibilities of the NNC. — The NNC, the highest policy
making and coordinating body on nutrition, shall have the following functions and powers:
(a) Formulate national nutrition policies, plans, strategies and approaches for nutrition
improvement, including strategies on women, infant and young child, and adolescent
nutrition;
(b) Oversee and serve as a focal point in the integration of nutrition policies and programs of
all member agencies and instrumentalities charged with the implementation of existing
laws, policies, rules and regulations concerning nutrition;
(c) Coordinate, monitor and evaluate nutrition programs and projects of the public and private
sectors and LGUs to ensure their integration with national policies;
(d) Receive grants, donations and contributions, in any form, from foreign governments, private
institutions and other funding entities for nutrition programs and projects: Provided,
That no conditions shall be made contrary to the policies or provisions of this Act;
(e) Coordinate the joint planning and budgeting of member agencies to ensure funds for
relevant nutrition programs and projects; to secure the release of funds in accordance
with the approved programs and projects; and to monitor implementation and track
public expenditure on these programs; and
(f) Call upon any government agency and instrumentality for such assistance as may be required
to implement the provisions of this Act.
SECTION 15. Role of NNC Member Agencies, Other NGAs and LGUs. — Member agencies shall
be responsible for ensuring the implementation of programs and projects, development of promotive,
preventive and curative nutrition programs, and integration of health and nutrition concerns into their
respective policies and plans. It shall provide additional resources in any form, including technical
assistance, sourced from its budget in support of local nutrition programs.
SECTION 16. Procurement of Goods and Services. — The provisions of Republic Act No. 9184,
otherwise known as the “Government Procurement Reform Act,” notwithstanding, the government
agencies concerned are hereby mandated to establish a liberalized mode of procurement for this
program, subject to the approval of the Government Procurement Policy Board.
The public procurement for this program shall prioritize the participation of local and community-
based producers, suppliers and/or service contractors.
SECTION 17. Monitoring, Review and Assessment of the Program. — The NGAs and LGUs
concerned shall regularly monitor, review and assess the impact and the effectivity of the program in
consultation with their stakeholders.
SECTION 18. Appropriations. — The amount needed for the initial implementation of this Act shall
be charged against the appropriations of the DOH, DA, NNC and other relevant agencies. Thereafter,
such sums as may be necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act (GAA).
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The DBM, in coordination with the Department of Finance (DOF), DOH, DA, NNC and other
relevant agencies shall consider the prevalence of malnutrition and child mortality in determining the
annual appropriations for the implementation of this Act.
Priority LGUs identified by the NNC shall be eligible to receive from concerned NGAs
supplementary funds necessary for the implementation of this Act. Said subsidy shall be included in
the GAA.
effectivity of this Act, the DOH shall, in coordination with the NNC Governing Board, and in consultation
with stakeholders in the public and private sectors, promulgate the IRR necessary for the effective
SECTION 20. Separability Clause. — If any provision of this Act or the application of such
provision to any instrumentalities or entities or circumstances is held invalid or unconstitutional for any
reason or reasons, the remainder of this Act or the application of such other provisions shall not be
affected thereby.
SECTION 21. Repealing Clause. — All laws, decrees, executive orders, administrative orders or
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.
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Title of Law: An Act Declaring the Filipino Sign Language as the National Sign Language of
the Filipino Deaf and the Official Sign Language of Government in all Transactions Involving
the Deaf, and Mandating its Use in Schools, Broadcast Media, and Workplaces
Short Title: The Filipino Sign Language Act
Date of Passage: October 30,Category of Child’s Rights: Development
Amended by: N/A
AN ACT DECLARING THE FILIPINO SIGN LANGUAGE AS THE NATIONAL SIGN LANGUAGE OF THE
FILIPINO DEAF AND THE OFFICIAL SIGN LANGUAGE OF GOVERNMENT IN ALL TRANSACTIONS
INVOLVING THE DEAF, AND MANDATING ITS USE IN SCHOOLS, BROADCAST MEDIA, AND
WORKPLACES
SECTION 1. Title. — This Act shall be known as “The Filipino Sign Language Act.”
SECTION 2. Declaration of Policy. — The State shall, in compliance with the United Nations
Convention on the Rights of Persons with Disabilities, promote, protect, and ensure the full and equal
enjoyment of all human rights and fundamental freedoms of persons with disabilities. Thus, national
and local State agencies shall uphold respect for their inherent dignity, individual autonomy, and
independence by guaranteeing accessibility and eliminating all forms of discrimination in all public
interactions and transactions, thereby ensuring their full and effective participation and inclusion in
society. The State shall also take all appropriate measures to ensure that the Filipino deaf can exercise
the right to expression and opinion. Accordingly, the State recognizes and promotes the use of sign
languages embodying the specific cultural and linguistic identity of the Filipino deaf.
The State also furthers the vision taken with the Early Years Act (Republic Act No. 10410) and
the Enhanced Basic Education Act (Republic Act No. 10533), which have already recognized Filipino
Sign Language in the education of deaf learners from early childhood up to the secondary level.
SECTION 3. Filipino Sign Language as the National Sign Language. — Filipino Sign Language,
hereinafter referred to as FSL, is hereby declared as the national sign language of the Philippines.
The FSL shall be recognized, promoted, and supported as the medium of official communication in all
transactions involving the deaf, and as the language of instruction of deaf education, without prejudice
to the use of other forms of communication depending on individual choice or preference.
SECTION 4. Filipino Sign Language in Education. —
(a) Medium of Instruction and Curriculum. — The Department of Education (DepEd), the
Commission on Higher Education (CHED), the Technical Education and Skills Development Authority
(TESDA), and all other national and local government agencies involved in the education of the deaf,
are tasked to henceforth use, and coordinate with each other on the use of FSL, as the medium of
instruction in deaf education. The FSL shall also be taught as a separate subject in the curriculum for
deaf learners. The reading and writing of Filipino, as the national language, other Philippine languages,
and English shall also be taught to deaf learners.
(b) Deaf Teachers. — To promote the licensing and mobilization of deaf teachers in formal
education as well as alternative learning systems, the Professional Regulation Commission (PRC)
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together with teacher education programs nationwide are directed to employ alternative assessment
procedures as affirmative action measures which shall consider the conditions, abilities, and social
barriers of the deaf teachers. These procedures shall be language-appropriate and culture-fair to deaf
education graduates.
(c) FSL in Teacher Education Programs. — In the context of inclusive education and Universal
Design, the learning of FSL shall be a curricular or co-curricular offering in teacher education programs
as deemed appropriate.
(d) Training and Evaluation Programs. — All national and local government agencies and
centers providing education to deaf students are hereby tasked to undertake regular pre-/in-service
training and evaluation of their teachers. These shall be designed and taught in partnership with the
representatives of the Filipino deaf community.
The University of the Philippines (UP), together with the Komisyon sa Wikang Filipino (KWF),
professional sign linguistics and linguistics researchers, in collaboration with the CHED and the DepEd,
and the Early Childhood Care and Development (ECCD) Council, shall develop guidelines for the
development of training materials in the education of the deaf for use by all state universities and
colleges (SUCs), as well as their teachers and staff. SDHTEC
SECTION 5. Standards for Filipino Sign Language Interpreting. — The KWF, with the involvement
of the deaf community and other stakeholders, shall establish a national system of standards,
accreditations, and procedures for FSL interpreting, without prejudice to other forms of communication
which respect the right of a deaf person to accessibility, and to seek, receive, impart ideas on an equal
basis with others according to their choice. This shall include policies on the practice of interpreting as
a profession such as compensation rates and benefits, working conditions, procedures for grievances
and others.
SECTION 6. Filipino Sign Language in the Justice System. — The FSL shall be the official
language of legal interpreting for the deaf in all public hearings, proceedings, and transactions of the
courts, quasi-judicial agencies, and other tribunals. To ensure effective access to justice for the deaf
on an equal basis with others and to facilitate their effective role as direct and indirect participants in
the legal system, courts, quasi-judicial agencies, and other tribunals are hereby mandated to ensure
the availability of a qualified sign language interpreter in all proceedings involving the deaf, without
prejudice to the right of the deaf to choose other forms or modes of communication, if they so prefer.
For purposes of this Act, “hearings, proceedings, and transactions” shall include those in
police stations and before the Lupong Tagapamayapa of the Katarungang Pambarangay, as well as
preliminary investigations and other initial stages in the courts, quasi-judicial bodies, and other tribunals.
The Supreme Court and other concerned agencies shall promote appropriate training for those
working in the administration of justice, including hearing interpreters, deaf relay interpreters, and
other court personnel, police and prison staff. Support staff shall also be trained in translation from FSL
to written English or Filipino.
The Department of Justice (DOJ), and the Department of the Interior and Local Government
(DILG), and the Judiciary, with the involvement of the deaf community and other stakeholders, are
tasked to create a national system of standards, accreditation, and procedures for legal interpreting
in FSL.
SECTION 7. Filipino Sign Language in All Workplaces. — The FSL shall be the official language
of the Filipino deaf employed in the civil service and in all government workplaces. For this purpose, all
government offices shall take reasonable measures to encourage the use of FSL among its deaf and
hearing employees, including the conduct of awareness and training seminars on the rationale and use
of FSL.
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The UP, together with the KWF, professional linguistics organizations and deaf linguistics
researchers, shall formulate guidelines for the development of training materials for the employees
of the DOJ, the Judiciary, the Department of Health (DOH), the Department of Social Welfare and
Development (DSWD), the Philippine Commission on Women (PCW), the Council for the Welfare of
Children (CWC), and the Commission on Human Rights (CHR), in the conduct of the mandates and
activities of these concerned offices.
SECTION 8. Filipino Sign Language in the Health System. — State hospitals and all health facilities
shall take steps to ensure access of the Filipino deaf to health services, including the free provision of
FSL interpreters and accessible materials upon request of deaf patients, or individuals who have family
members who are deaf. As part of their corporate social responsibility, private health facilities are
encouraged to provide access to health services to all deaf patients and their family members.
SECTION 9. Filipino Sign Language in All Other Public Transactions, Services, and Facilities.
— All national agencies including government-owned or -controlled corporations (GOCCs), and local
government units (LGUs) are hereby directed to use FSL as the medium of official communication in
all public transactions involving the deaf. Qualified FSL interpreters and accessible materials shall be
provided whenever necessary or requested during fora, conferences, meetings, cultural events, sports
competitions, community affairs, and activities conducted by government agencies and GOCCs.
SECTION 10. Filipino Sign Language in Media. — The FSL shall be the language of broadcast
media interpreting. To guarantee access to information and freedom of expression of the Filipino
deaf, the Kapisanan ng mga Brodkaster sa Pilipinas (KBP), and the Movie and Television Review and
Classification Board (MTRCB) shall, within one (1) year from the effective date of this Act, require
FSL interpreter insets, compliant with accessibility standards for television, in news and public affairs
programs. Subsequently, the MTRCB shall take steps to promote progressive use of FSL in all other
broadcasts and programming, especially in educational television programs designed for children, in
conjunction with the National Council for Children’s Television and the DepEd.
The KBP and the MTRCB, the deaf community, and other stakeholders are tasked to create a
national system of standards, procedures and accreditation for broadcast media interpreting in FSL.
All videos published online, including those on social media, shall also conform to Philippine web
accessibility standards.
SECTION 11. Promotion of Filipino Sign Language. — The DepEd, CHED, UP, KWF, Linguistic
Society of the Philippines, and other national agencies and LGUs shall, in consultation with professional
organizations with expertise and experience in language policy and planning and the deaf community,
take appropriate steps to propagate sign language competency among hearing people, by offering
FSL as an elective subject in the regular or mainstream curriculum, particularly of SUCs.
In coordination with the KWF, SUCs, led by the UP, are directed to undertake continuing
research for the development, propagation, and preservation of FSL and its cultural history.
SECTION 12. Instructional Materials for Schools and Child Development Centers. — The DepEd
Instructional Materials and Council Secretariat shall, in coordination with the Bureau of Learning
Resources and the Bureau of Learning Delivery, as well as the ECCD Council, develop guidelines for
the selection, production, procurement, and distribution of print and video materials in FSL to all public
schools, day care centers, and national child development centers. Seventy-five percent (75%) of all
procurement contracts shall be reserved for deaf people’s organizations, including regional or provincial
enterprises and cooperatives run by the deaf and recognized by the LGUs.
SECTION 13. Implementing Rules and Regulations. — The KWF, in coordination with the Secretary
of Education, the Chairperson of the CHED, the Director General of the TESDA, the Chairperson of the
PRC, and the Chief Justice of the Supreme Court, the Secretary of Justice, and the heads of other
relevant agencies, and in consultation with the representatives of the deaf community, teachers with
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knowledge and experience with the use of FSL in deaf education, the academe, interpreters, and
other persons concerned, shall promulgate the necessary rules and regulations for the effective
implementation of this Act within one hundred eighty (180) days after its effective date. These rules
and regulations shall be published in accessible formats in the respective websites of the concerned
agencies and through other means necessary.
SECTION 14. Strict Monitoring and Implementation of This Act. — The monitoring and
implementation of this Act shall be strictly upheld. For this purpose, an Inter-Agency Council is hereby
created which shall consist of one (1) representative each from the CHR, the CWC, the PCW, the KWF
and the FSL organizations or institutions. The Inter-Agency Council shall make an annual report on the
monitoring and implementation of this Act and the copy of which shall be submitted to both Houses
of Congress and published in accessible formats in their respective websites and through other means
necessary to serve the purpose of effective dissemination. Failure to comply with any of the provisions
of this Act shall be a matter that can be referred to the Civil Service Commission, DILG, Sandiganbayan
or Office of the Ombudsman or other pertinent offices or bodies for appropriate sanctions pursuant to
existing laws and regulations.
SECTION 15. Appropriations. — The initial funding of this Act shall be taken from the current
year’s appropriations of the concerned agencies. Thereafter, the amount necessary for its continued
implementation shall be included in the annual General Appropriations Act. Relevant and allowable
expenditures related to education may also be charged to the ECCD Council, the LGU Special Education
Fund, or other relevant fund.
SECTION 16. Separability Clause. — If any provision of this Act is declared unconstitutional or
invalid, the remaining parts or provisions not affected shall remain in full force and effect.
SECTION 17. Repealing Clause. — All laws and executive issuances inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.
SECTION 18. Effectivity Date. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in one (1) newspaper of general circulation.
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Title of Law: An Act Institutionalizing a National Feeding Program for Undernourished
Children in Public Day Care, Kindergarten and Elementary Schools to Combat Hunger and
Undernutrition Among Filipino Children and Appropriating Funds Therefor
Short Title: Masustansyang Pagkain Para sa Batang Pilipino Act
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules And Regulations Of Republic Act
No.11037, Otherwise Known As The “Masustansyang Pagkain Para Sa Batang Pilipino Act”
(2019)
AN ACT INSTITUTIONALIZING A NATIONAL FEEDING PROGRAM FOR UNDERNOURISHED CHILDREN

IN PUBLIC DAY CARE, KINDERGARTEN AND ELEMENTARY SCHOOLS TO COMBAT HUNGER AND
UNDERNUTRITION AMONG FILIPINO CHILDREN AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as “Masustansyang Pagkain para sa Batang
Pilipino Act.”
building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-
being. In recognition of the demonstrated relationship between food and nutrition, and the capacity of
students to develop and learn, the State shall establish a comprehensive national feeding program that
will address the problem of undernutrition among Filipino children.
SECTION 3. Definition of Terms. — As used in this Act, the following terms shall be understood
to mean as follows, to wit:
(a) Cycle Menu refers to standardized menus prepared by the national government agencies
(NGAs), in coordination with the National Nutrition Council (NNC) and the Food and
Nutrition Research Institute (FNRI), which shall be contextualized and drawn up, among
others, according to age range, location and/or type of school, and local cultural and/
or religious eating preferences: Provided, That such menus shall have as many varieties
and selections as may be necessary taking into account its availability in the place or
locality where the day care center or school is located;
(b) Fortified Meal refers to a meal with deliberately increased content of essential micronutrients
so as to improve the nutritional quality of the food and provide the level of calories and
protein as prescribed by the NNC which shall consist of at least one-third (1/3) of the
daily requirement based on the Philippine Dietary Reference Intake (PDRI);
(c) Health Examination refers to the examination conducted by NGAs, in coordination with
the Department of Health (DOH) and local government units (LGUs) concerned, on
the overall condition of the program beneficiary which shall, among others, include the
program beneficiary’s height, weight and other ailments, defects or deformities that
may need special care or treatment;
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(d) National Government Agencies (NGAs) refer to the Department of Education (DepEd) and
the Department of Social Welfare and Development (DSWD) which shall be the lead
agencies in the implementation of the Program for public kindergarten and elementary
schools and public day care centers, respectively; and
(e) Undernourished Child refers to a child who has been supplied with less than the minimum
amount of foods essential for sound health and growth. For purposes of this Act, it shall
include children who are suffering from chronic hunger and malnutrition as well as those
who are considered as wasted, severely wasted or stunted under the World Health
Organization Child Growth Standards.
SECTION 4. National Feeding Program. — The National Feeding Program, hereinafter referred
to as the Program, is hereby established to address undernutrition among Filipino children.
The Program shall have the following components and coverage:
(a) Supplemental Feeding Program for Day Care Children. — The DSWD, in coordination with the
LGUs concerned, shall implement a supplemental feeding program for undernourished
children with ages three (3) to five (5) years. The Program shall be administered in day
care centers or in any other facility which can be used for such purpose: Provided, That
the Program shall include the provision of at least one (1) fortified meal for a period of
not less than one hundred twenty (120) days in a year: Provided, further, That in the
preparation of fortified meals, the DSWD shall work in collaboration with recognized
parents’ organizations;
(b) School-Based Feeding Program. — The DepEd shall implement a school-based feeding
program for undernourished public school children from kindergarten to grade six
(6): Provided, That the Program shall include the provision of at least one (1) fortified
meal to all undernourished public elementary school children for a period of not less
than one hundred twenty (120) days in a year;
(c) Milk Feeding Program. — The NGAs shall coordinate with the Department of Agriculture
(DA), the National Dairy Authority, the Philippine Carabao Center and the Cooperative
Development Authority for the incorporation of fresh milk and fresh milk-based food
products in the fortified meals and cycle menu in accordance with Republic Act No.
8172, otherwise known as the “Philippine Food Fortification Act of 2000,” utilizing, as
far as practicable, locally produced milk in order to enhance its nutritional content and,
at the same time, help boost livelihood opportunities for local dairy farmers and the
local dairy industry;
(d) Micronutrient Supplements. — The NGAs, in coordination with the DOH, shall provide
micronutrient supplements to the Program beneficiaries including the use of iodized
salt in accordance with Republic Act No. 8172, otherwise known as the “Salt Iodization
or ASIN” law;
(e) Health Examination, Vaccination and Deworming. — The NGAs, in coordination with the DOH
and LGUs concerned, shall conduct simultaneous health examinations, including, but not
limited to, deworming and vaccination, as the case may be, to Program beneficiaries;
(f) Gulayan sa Paaralan. — The NGAs shall encourage their respective component units to devote
a portion of their land or space for the cultivation of vegetables and other nutrient-rich
plants as identified by the NNC: Provided, That component units lacking in land shall
adopt modern gardening technologies with the assistance of the DA, the Department of
Science and Technology (DOST) and the city or municipal agricultural officers. Parents
shall also be encouraged to maintain a similar program in their own backyards;
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(g) Water, Sanitation, and Hygiene (WASH). — The NGAs, in coordination with the DOH and
LGUs, shall establish and maintain water and sanitation facilities, promote good hygiene
and safe food preparation in all of its component units especially in areas devoted for
the preparation of fortified meals under the Program; and
(h) Integrated Nutrition Education, Behavioral Transformation, and Social Mobilization. — The
Program shall be complemented by a public health, nutrition, and values transformation
campaign to promote a holistic and integrated approach to health and nutrition
education. Orientation-training on the objectives and mechanics of the Program shall be
held among personnel of NGAs and LGUs concerned, parent volunteers and the parent-
teachers associations (PTAs) to generate support for the Program. The NGAs concerned
shall also endeavor to mobilize community organizations to continue nutrition education
outside of the school.
SECTION 5. Prioritization in the Program Implementation. — The NGAs shall create a five (5)-
year plan to fully implement the Program: Provided, That the NGAs concerned shall prioritize the
implementation of the Program in the LGUs and public day care or elementary schools that meet any
of the following criteria:
(a) With the highest prevalence of undernutrition and nutrient-deficiency among children aged
three (3) years up to grade six (6) level;
(b) With available facilities or capability to implement the Program; or
(c) Which prioritize such Program in their locality and are willing to provide counterpart resources
for its implementation.
SECTION 6. Creation of a National Nutrition Information System. — The NNC shall harmonize
all existing national and local nutrition databases from NGAs, LGUs and other relevant agencies of
government in order to identify individuals, groups, and/or localities that have the highest magnitude
of hunger and undernutrition. This system shall henceforth be utilized in monitoring the health and
nutrition of all Filipino children, especially those covered by the Program.
SECTION 7. Local Government Assistance. — LGUs shall assist the NGAs in the efficient and
effective implementation of the Program in accordance with SECTION 4 of this Act and shall be
authorized to use a portion of the Special Education Fund (SEF) and/or their twenty percent (20%)
development fund as provided for in Republic Act No. 7160, otherwise known as the “Local Government
Code of 1991,” as amended, to augment the appropriations available under the General Appropriations
Act (GAA).
SECTION 8. Private Sector Participation. — The NGAs shall encourage the participation of the
private sector in the Program which shall include, among others, PTAs, private corporations, peoples
and nongovernment organizations and such other groups or organizations, both foreign and local, that
may want to be partner in whole or in part with the implementation of the Program.
SECTION 9. Monitoring and Annual Report. — The NGAs, in coordination with the LGUs, the
NNC and other stakeholders, shall regularly monitor, review and assess the impact and effectivity of
the Program as well as ensure compliance with the standards and guidelines of the Program for food
safety, quality, accountability, community participation and the procurement and liquidation processes
adopted. For this purpose, the NGAs shall prepare and submit an annual report on the status of the
implementation of the Program to the Office of the President and both Houses of Congress. HEITAD
SECTION 10. Tax Exemption. — Any donation or bequest made to the NGAs or any of the
aforementioned government agencies including LGUs for the Program shall be exempt from donor’s
tax: Provided, That donations in kind shall be approved by the NGAs concerned upon the recommendation
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of the NNC, in the case of food products, and the DOH, in the case of vaccine and supplements, as the
case may be, respectively.
SECTION 11. Appropriations. — The amount necessary to carry out the initial implementation of
this Act shall be sourced from the current appropriations of the NGAs. Thereafter, such sums as may
be necessary for the continuous implementation of this Act shall be included in the annual GAA under
the respective budgets of the NGAs.
SECTION 12. Procurement of Goods and Services. — The Department of Budget and
Management, Government Procurement Policy Board, and the Commission on Audit, in consultation
with the NGAs, are hereby mandated to specifically establish and promulgate a community-based
mode of procurement, liquidation and audit that will ensure the efficient and effective implementation
of the Program: Provided, That this provision shall apply solely to the implementation of the Program
by the NGAs and LGUs concerned.
SECTION 13. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity
of this Act, the NGAs, in consultation with the NNC, the FNRI, the DOH, the DA, the Department of
the Interior and Local Government (DILG) and concerned LGUs, and such other relevant government
agencies, nongovernment organizations, and development partners shall promulgate their respective
rules and regulations for the efficient and effective implementation of this Act.
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SECTION 15. Repealing Clause. — All laws, decrees, orders, rules and regulations or other
issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
the Official Gazette or in at least two (2) newspapers of general circulation.
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Title of Law: An Act Amending Certain Provisions of Republic Act No. 9547 Otherwise Known
as an Act Strengthening and Expanding the Coverage of the Special Program for Employment
of Students, Amending for the Purpose Provisions of Republic Act No. 7323, Otherwise Known
as the Special Program for Employment of Students
Short Title: N/A
Amended by: N/A
10917 Amending for the Purpose Republic Acts 9547 and 7323, Otherwise Known as the Special
Program for Employment of Students (SPES), DOLE Department Order No. 175, S. 2017 (March
20, 2017)
AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9547, OTHERWISE KNOWN AS
AN ACT STRENGTHENING AND EXPANDING THE COVERAGE OF THE SPECIAL PROGRAM FOR
EMPLOYMENT OF STUDENTS, AMENDING FOR THE PURPOSE PROVISIONS OF REPUBLIC ACT NO.
7323, OTHERWISE KNOWN AS THE SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS
SECTION 1. SECTION 1 of Republic Act No. 9547 is hereby amended to read as follows:
“SECTION 1. Any provision of law to the contrary notwithstanding, any person

or entity employing at least ten (10) persons may employ poor but deserving students,
out-of-school youth (OSY) or, dependents of displaced or would-be displaced workers
due to business closures, or work stoppages, or natural calamities, intending to enroll in
any secondary, tertiary or technical-vocational institutions, fifteen (15) years of age but
not more than thirty (30) years old, paying them a salary or wage not lower than the
minimum wage for private employers and the applicable hiring rate for the national and
local government agencies: Provided, That students enrolled in the secondary level shall
only be employed during summer and/or Christmas vacations, while the OSY and those
enrolled in tertiary, vocational or technical education may be employed at any time
of the year: Provided, further, That their period of employment shall be from twenty
(20) to seventy-eight (78) working days only, except that during Christmas vacation,
employment shall be from ten (10) to fifteen (15) days which may be counted as part of
the students’ probationary period should they apply in the same company or agency
after graduation: Provided, finally, That students employed in activities related to their
course may earn equivalent academic and practicum or on-the-job training credits as
may be determined by the appropriate government agencies.
“For purposes of this Act, poor but deserving students, OSY, and dependents of
displaced or would-be displaced workers due to business closures, or work stoppages,
or natural calamities refer to those whose parents’ combined income, together with
their own, if any, does not exceed the annual regional poverty threshold level for a
family of six (6) for the preceding year as may be determined by the National Economic
and Development Authority (NEDA). Employment facilitation services for applicants to
the program shall be done by the Public Employment Service Office (PESO).
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“Participating employers, in coordination with the PESO, must inform their SPES
employees of their rights, benefits, and privileges under existing laws, company policies,
and employment contracts.”
SECTION 2. SECTION 2 of the same Act is hereby amended to read as follows:
“SEC. 2. Sixty per centum (60%) of the said salary or wage shall be paid by the
employer in cash and forty per centum (40%) by the government also in the form of
cash directly to the student or through financial institutions or other payment facilities,
subject to the existing rules on procurement which shall be applicable in the payment
for the student’s tuition fees, books, and other education-related expenses, including
their daily allowance for food and transportation in going to school: Provided, That
local government units (LGUs) may assume responsibility for paying in full the salary
or wages: Provided, further, That for low income LGUs employing SPES beneficiaries,
the national government share may be increased up to seventy-five per centum (75%)
depending on the LGUs’ financial capacity to pay the SPES beneficiaries.
“The national government share shall be paid within thirty (30) working days
upon submission of the partner-employer or participating establishment of their report
on payment of salary or wages which shall be the basis of the portion of the salary or
wages to be paid by the national government through the Department of Labor and
Employment.
“In case of sickness, absence, or death of the SPES beneficiary, the immediate
heirs may claim the salary: Provided, that proof to this effect has been clearly established.
“Likewise, the SPES beneficiary shall be entitled to social protection by virtue

of an insurance coverage with the Government Service Insurance System (GSIS) for a
period of one (1) year.”
“SEC. 3. The Department of Labor and Employment shall issue the implementing
rules and regulations to carry out the purposes of this Act. Further, the Secretary of the
Department of Labor and Employment may issue additional guidelines which may be
deemed appropriate.”
SECTION 4. SECTION 4 of the same Act is hereby deleted. Succeeding SECTIONs are hereby
renumbered accordingly.
“SEC. 4. The Secretary of the Department of Labor and Employment shall include
in the Department’s program the operationalization of the expanded Special Program
for Employment of Students, including the maintenance of a database or registry for
monitoring of SPES beneficiaries.
“The amount necessary to carry out the purposes of this Act is hereby authorized
to be appropriated in the General Appropriations Act for 1992 and the subsequent annual
general appropriations acts: Provided, That the appropriation, for the purposes of this
Act, shall not be reduced by Congress below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly released: Provided, further,
That the appropriation herein shall be increased by at least twenty per centum (20%)
annually.”
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SECTION 6. Separability Clause. — If any provision of this Act is declared unconstitutional, the
same shall not affect the validity and effectivity of the other provisions hereof.
SECTION 7. Repealing Clause. — All laws, executive orders, presidential proclamations, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby resealed or
modified accordingly.
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Title of Law: An Act Exempting Surviving Children of Military Personnel Who are Mentally
Incapacitated from Termination of Benefits Upon Reaching the Age of Twenty-One (21),
Amending for the Purpose SECTION 25 of Presidential Decree Numbered Sixteen
Hundred and Thirty-Eight, Otherwise Known as the AFP Military Personnel Retirement
and Separation Decree of 1979, as Amended
Short Title: AFP Derivative Pension for Children/Survivors Act of 2016
Amended by: N/A
No. 10882 (August 8, 2018)
AN ACT EXEMPTING SURVIVING CHILDREN OF MILITARY PERSONNEL WHO ARE MENTALLY

INCAPACITATED FROM TERMINATION OF BENEFITS UPON REACHING THE AGE OF TWENTY-ONE
(21), AMENDING FOR THE PURPOSE SECTION 25 OF PRESIDENTIAL DECREE NUMBERED SIXTEEN
HUNDRED AND THIRTY-EIGHT, OTHERWISE KNOWN AS THE AFP MILITARY PERSONNEL RETIREMENT
AND SEPARATION DECREE OF 1979, AS AMENDED
SECTION 1. Short Title. — This Act shall be known as the “AFP Derivative Retirement Pension for
Children/Survivors Act of 2016”.
SECTION 2. Derivative Retirement Pension. — SECTION 25 (b), paragraph 2 of Presidential

Decree No. 1638 shall read as follows:
“SECTION 25. For the purposes of this Decree
“a. . . .
“b. Survivors shall mean
“1. . . .
“2. Surviving children of an officer or enlisted man born of his marriage

contracted prior to his retirement/separation from the service, and children, adopted or
acknowledged, while the deceased parent was still on active military service: Provided,
That except for children who, by reason of their mental incapacity, are certified by
the AFP Medical Board to be incapable of employment, entitlement to benefits shall
terminate when such children attain twenty-one (21) years of age or get married.
“xxx xxx xxx.”
SECTION 3. Implementing Agency. — The Secretary of the Department of National Defense and
the Chief of Staff, Armed Forces of the Philippines shall promulgate the necessary rules and regulations
for the effective implementation of this Act within thirty (30) days from its effectivity.
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SECTION 4. Separability Clause. — The provisions of this Act are hereby deemed separable. If
any provision thereof is declared invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the other provisions which shall remain in effect.
SECTION 5. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed.
SECTION 6. Effectivity. — This Act shall take effect thirty (30) days following its publication in
the Official Gazette or in at least three (3) newspapers of general circulation.
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Title of Law: An Act Requiring Basic Education Students to Undergo Age-Appropriate Basic
Life Support Training
Short Title: Basic Life Support Training in Schools
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of the Basic Life
Support Training in Schools Act (Republic Act No. 10871) (March 26, 2021)
AN ACT REQUIRING BASIC EDUCATION STUDENTS TO UNDERGO AGE-APPROPRIATE BASIC LIFE

SUPPORT TRAINING
SECTION 1. Short Title. — This Act shall be known as the “Basic Life Support Training in Schools
Act”.
SECTION 2. Declaration of Policy. — Pursuant to SECTION 15, Article II of the 1987 Philippine
Constitution, it is hereby declared the policy of the State to protect and promote the right to health of
the people and instill health consciousness among them.
Pursuant thereto, the State shall ensure that able-bodied citizens are equipped with the
necessary knowledge and basic skills to respond to certain health emergencies.
SECTION 3. Basic Life Support for Basic Education Students. — It shall be the duty of all public and
private basic education schools operating nationwide to provide their students with basic life support
training through the use of psychomotor training in an age-appropriate manner. The instruction shall
include programs which have been developed by the Philippine Heart Association (PHA) or Philippine
National Red Cross (PNRC) using nationally-recognized, evidence-based guidelines for emergency
cardiovascular care, and psychomotor training, to support the instruction. As far as practicable, basic
education schools shall incorporate basic life support training as part of the schools’ comprehensive
health and physical education curriculum.
As used in this Act, psychomotor training refers to hands-on practice to support cognitive
learning.
SECTION 4. Certification for Training. — All successful student-trainees shall be certified to have
undergone the training required by a competent school authority.
SECTION 5. Training Providers. — The school principal or administrator shall coordinate with the
Department of Health (DOH) for its assistance in providing competent instructors for the school’s basic
life support education training program. The DOH shall accredit nongovernment organizations (NGOs)
competent to provide basic life support instructions.
SECTION 6. Exceptions. — Students suffering from any physical or mental disability which may
render them unable to perform a basic life support procedure are exempted from going through the
basic life support training program.
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SECTION 7. Appropriations. — The amount necessary to carry out the provisions of this Act shall
be charged against the current year’s appropriation of the Department of the implementing agencies.
Thereafter, such amount as may be necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.
SECTION 8. Implementing Rules and Regulations. — Within ninety (90) days from the approval
of this Act, the Secretary of Education, in consultation with the Secretary of Health, shall formulate the
rules and regulations implementing the provisions of this Act. The implementing rules and regulations
issued pursuant to this SECTION shall take effect thirty (30) days after its publication in a national
newspaper of general circulation.
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Title of Law: An Act Mandating the Provision Of Emergency Relief and Protection for
Children Before, During, and After Disasters and Other Emergency Situations
Short Title: Children’s Emergency Relief and Protection Act
Amended by: N/A
Implementing Rules and Regulation: The Implementing Rules And Regulations (IRR) Of Re-
public Act No. 10821 Or The Children’s Emergency Relief And Protection Act (February 28,
2017)
AN ACT MANDATING THE PROVISION OF EMERGENCY RELIEF AND PROTECTION FOR CHILDREN
BEFORE, DURING, AND AFTER DISASTERS AND OTHER EMERGENCY SITUATIONS
SECTION 1. Short Title. — This Act shall be known as the “Children’s Emergency Relief and
Protection Act”.
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to protect
the fundamental rights of children before, during, and after disasters and other emergency situations
when children are gravely threatened or endangered by circumstances that affect their survival and
normal development. Guided by the principles on survival and development, on child participation,
and consistent with the United Nations Convention on the Rights of the Child, as well as the Children’s
Charter for Disaster Risk and Reduction, and the minimum standards for children in humanitarian action,
the State shall establish and implement a comprehensive and strategic program of action to provide
the children and pregnant and lactating mothers affected by disasters and other emergency situations
with utmost support and assistance necessary for their immediate recovery and protection against all
forms of violence, cruelty, discrimination, neglect, abuse, exploitation and other acts prejudicial to their
interest, survival, development and well-being.
SECTION 3. Definition of Terms. — For the purposes of this Act, the following shall refer to:
(a) Child — refers to a person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition as
defined in Republic Act No. 7610 or the Special Protection of Children Against Abuse,
Exploitation and Discrimination Act;
(b) Child with Special Needs — refers to a child with a developmental or physical disability as
defined in Republic Act No. 10165 or the Foster Care Act of 2012;
(c) Child-Friendly Spaces — refer to spaces where communities create nurturing environments for
children to engage in free and structured play, recreation, leisure and learning activities.
The child-friendly space may provide health, nutrition, and psychosocial support, and
other services or activities which will restore their normal functioning;
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(d) Civil Registry Documents — refer to all certificates, application forms, and certified true copies
of legal instruments and court decrees concerning the acts and events affecting the civil
status of persons which are presented before the Civil Registrar and are recorded in the
Civil Registry;
(e) Civil Society Organizations (CSOs) — as defined in Republic Act No. 10121 or the Philippine
Disaster Risk Reduction and Management Act of 2010, refer to non-state actors whose
aims are neither to generate profits nor to seek governing power such as nongovernment
organizations (NGOs), professional associations, foundations, independent research
institutes, community-based organizations (CBOs), faith-based organizations, people’s
organizations, social movements, and labor unions which are organized based on ethical,
cultural, scientific, religious or philanthropic considerations;
(f) Disasters — as defined in Republic Act No. 10121, refer to a serious disruption of the functioning
of a community or a society involving widespread human, material, economic, or
environmental losses and impacts, which exceeds the ability of the affected community
or society to cope using its own resources. Disasters are often described as a result of
the combination of: the exposure to a hazard; the conditions of vulnerability that are
present; and insufficient capacity or measures to reduce or cope with the potential
negative consequences. Disaster impacts may include loss of life, injury, disease and
other negative effects on human, physical, mental and social well-being, together
with damage to property, destruction of assets, loss of services, social and economic
disruption, and environmental degradation;
(g) Emergency — refers to unforeseen or sudden occurrence, especially danger, demanding

immediate action as defined in Republic Act No. 10121;
(h) Family Tracing and Reunification — refers to the process where disaster response teams
reunite families separated by natural and human catastrophes by bringing together
the child and family or previous care-provider for the purpose of establishing or
reestablishing long-term care;
(i) Hazard — refers to a dangerous phenomenon, substance, human activity or condition that
may cause loss of life, injury or other health impacts, property damage, loss of livelihood
and services, social and economic disruption, or environmental damage as defined
in Republic Act No. 10121;
(j) Orphans or Orphaned Children — refer to children who do not have a family and relatives
who can assume responsibility for their care;
(k) Separated Children — refer to children separated from both parents, or from their previous
legal or usual primary caregiver, but not necessarily from other relatives. As a result, this
may include children accompanied by other family members;
(l) State of Calamity — refers to a condition involving mass casualty and/or major damages to
property, disruption of means of livelihoods, roads, and normal way of life of people
in the affected areas as a result of occurrence of natural or human-induced hazard as
defined in Republic Act No. 10121;
(m) Transitional Shelter — refers to structures temporarily constructed by the government

intended for families affected by a disaster while awaiting transfer to permanent
shelters; and
(n) Unaccompanied Children — refer to children who have been separated from both parents
and other relatives, and who are not being cared for by an adult who, by law or custom,
is responsible for doing so.
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SECTION 4. Comprehensive Emergency Program for Children. — The Department of Social
Welfare and Development (DSWD) shall formulate a Comprehensive Emergency Program for Children,
hereinafter referred to as the Program, taking into consideration humanitarian standards for their
protection. The Program shall be used as the basis for handling disasters and other emergency
situations to protect children, pregnant and lactating mothers, and support their immediate recovery.
This shall be implemented immediately after the declaration of a national or local state of calamity or
occurrence of any other emergency situation.
The DSWD shall engage all relevant government agencies and stakeholders for the
implementation of the Program. Local government units (LGUs) shall integrate the same in their
development and Local Disaster Risk Reduction and Management (LDRRM) plans and budget.
The Program shall be gender-sensitive and have the following components:
(a) Establishment of Evacuation Centers. — LGUs shall establish and identify safe locations as
evacuation centers for children and families subject to the limitations found in SECTION
5 of this Act.
(b) Establishment of Transitional Shelters for Orphaned, Separated, and Unaccompanied

Children. — The National Housing Authority (NHA) shall, in coordination with the DSWD,
the Department of Environment and Natural Resources (DENR), Department of Public
Works and Highways (DPWH), Department of the Interior and Local Government (DILG),
and LGUs of the areas declared under a state of calamity, immediately establish an
option for transitional shelters, prioritizing vulnerable and marginalized groups including
orphaned, separated, and unaccompanied children, and pregnant and lactating
mothers. New transitional shelters, established pursuant to this Act, shall be designed
with the following considerations: gender-specific emergency latrines, bathing cubicles,
and hand washing facilities specifically designed for children. It shall provide mother
and child-friendly spaces where children can take part in child activities. It shall also
have provisions for maternal and newborn and infant care and rooms to protect, feed,
provide personal care, and ensure the right to privacy. Existing transitional shelters shall
be modified to the extent possible to comply with the abovementioned considerations.
(c) Assurance for Immediate Delivery of Basic Necessities and Services. — The Program shall
facilitate and ensure the immediate delivery of basic necessities and services specifically
required by the affected children in different stages of development such as access to
basic health services, food, water, nutrition, medicines, clothing, sanitary and hygiene
kits, and other emergency needs such as blankets, mosquito nets, cooking ware and
fuel, and flashlights. The Program shall give priority to the specific health and nutrition
needs of pregnant women, lactating mothers, newborn babies, children under five (5)
years old and children with special needs.
(d) Stronger Measures to Ensure the Safety and Security of Affected Children. — Under the
Program, the Philippine National Police (PNP) shall, in coordination with the Armed Forces
of the Philippines (AFP) and the DSWD, DILG, LGUs, Department of Education (DepEd),
Commission on Higher Education (CHED) and CSOs in the community, monitor and
ensure the safety and the security of the affected children in the areas declared under
a state of calamity and shall protect them against all forms of abuse and exploitation.
Upon the declaration of a national and local state of calamity, the PNP and the DSWD, with the
assistance of the AFP operating units in the area and local councils against trafficking
and violence against women and their children, in accordance with existing laws,
shall immediately heighten comprehensive measures and monitoring to prevent child
trafficking, labor, and prostitution, including domestic and sexual violence, in the areas
declared under a state of calamity.
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The DSWD shall require all government agencies, LGUs, and CSOs which are tasked to provide
any assistance or services to the affected children to adopt a child protection policy.
The child protection policy shall include measures to deter and effectively respond to
cases of violence, abuse, and exploitation of children.
All LGUs shall prioritize the establishment and functionality of the barangay violence against
women and children (VAWC) desks. The VAWC desk shall serve as one of the key
reporting and referral mechanism for cases of violence, abuse, and exploitation of
children in the barangay during all phases of emergency response and recovery.
Children shall be given priority during evacuation as a result of a disaster or other emergency
situation. Existing CSOs in the community shall be tapped to look after the safety and
well-being of children during evacuation operations. Measures shall be taken to ensure
that children evacuated are accompanied by persons responsible for their safety and
well-being.
(e) Delivery of Health, Medical, and Nutrition Services. — Under the Program, the DOH, in
coordination with the DSWD, LGUs, and CSOs in the community, shall provide the health,
medical, and nutritional needs of children in the areas declared under a state of calamity,
including psychosocial interventions for children in different stages of development.
(f) Plan of Action for Prompt Resumption of Educational Services for Children. — The DepEd, in
coordination with the DSWD, DILG, and the concerned LGUs shall ensure the prompt
resumption of educational services for all children, including early childhood care and
development for children aged below five (5).
(g) Establishment of Child-friendly Spaces. — The concerned LGU shall set up child-friendly
spaces in every city or municipality declared under a state of calamity, as needed, based
on the guidelines to be promulgated by the DSWD. In addition, LGUs shall coordinate
with lead agencies and CSOs to effectively respond to the needs of the children in the
area. Child-friendly spaces shall be made available throughout a crisis, from emergencies
to recovery.
In case the concerned LGU cannot immediately respond due to the huge impact of disaster, the
DSWD, together with the concerned national government agencies and in coordination
with the CSOs and other stakeholders, as well as nearby LGUs, shall provide the
necessary child care services and social protection of affected children.
(h) Promotion of Children’s Rights. — The Program shall include activities and processes that will
promote and uphold the rights of children by:
(1) Providing child-centered training for all responders;
(2) Ensuring that children are provided with adequate access to age-appropriate
information on their roles and responsibilities and those of government agencies
before, during, and after disasters and other emergency situations;
(3) Providing an effective mechanism for training and meaningful participation of children
in community disaster risk reduction program; and
(4) Consulting with the affected children on their needs and priorities for post-disaster
relief and recovery.
SECTION 5. Evacuation Centers. — Only in cases where there is no other available place or
structure which can be used as a general evacuation center may a school or child development center
be used as an evacuation center.
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When a school or child development center is used as an evacuation center, gymnasiums,
learning and activity centers, auditoriums and other open spaces shall be utilized first. Classrooms shall
only be used as a last resort. The use of the school premises shall be as brief as possible. If the use
is predicted to exceed fifteen (15) days, the affected LGU shall provide written documentation to the
DepEd and the DILG on the following:
(a) The name and location of the school;
(b) All alternative sites and proposal for final site selection;
(c) Measures being implemented to prevent interference or disruption to the school and
educational activities of children; and
(d) Other particulars to be provided in the implementing rules and regulations of this Act.
The DepEd, in coordination with the DPWH, shall continuously monitor and assess the condition
of temporary learning spaces or other transitional and semi-permanent structures used as classrooms
after a disaster, and if the use exceeds six (6) months after the declaration of a state of calamity,
the regional DepEd office shall conduct regular site inspections and shall certify to the Secretary of
Education that such spaces are in good physical condition and sufficient to ensure the safety of the
children and their environment.
SECTION 6. Orphaned, Unaccompanied, or Separated Children. — The DSWD, upon consultation

with relevant agencies, shall develop a minimum set of standards and guidelines for the Family Tracing
Reunification System of orphaned, unaccompanied and separated children.
Orphaned children, and unaccompanied or separated children whose families or relatives

cannot be found or assessed to be incapable of providing proper care and protection shall be placed
in a licensed or accredited residential care facility or with a foster family in accordance with Article 140
of the Child and Youth Welfare Code, or a community-based center. A registered social worker shall
provide the needed case management and intervention.
SECTION 7. System of Restoring Civil Registry Documents. — To ensure that vital information
pertaining to the personal circumstances of a child are adequately protected and available at all times,
the Philippine Statistics Authority (PSA) shall develop a system for the restoration and reconstruction
of civil registry documents that have been destroyed or declared lost or missing during a disaster or
calamity.
The PSA shall submit a report on the number of restored or reconstructed documents to
appropriate government agencies for effective monitoring and reporting and to ensure the continued
access of the affected children to social services and facilitate the reunification of separated children
with their families.
The PSA shall likewise develop a system for the registration of children born during a national
or local state of calamity.
SECTION 8. Training of Emergency Responders on Child Protection. — The National Disaster Risk
Reduction and Management Council (NDRRMC) shall promote and conduct a child-responsive training
program for all responders in the calamity area such as community and barangay leaders, community
members, school personnel and other rescuers. The training program shall include the following:
(a) Proper procedures and measures to assess the situation, safeguard and protect the affected
children during and after emergencies and disasters; and
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(b) Appropriate training on psychosocial interventions for children in different stages of
development who are victims of calamities.
Each member agency shall include or mainstream child protection in their emergency response
training to service providers.
SECTION 9. Data Gathering, Monitoring, and Reporting. — The agencies mandated by this Act
shall monitor and report on the implementation of services under the Program to be submitted jointly
to Congress annually. The report shall include a specific SECTION on pregnant women and children
under five (5) years of age as a strategy to address the post-disaster nutrition needs of children under
age five (5) and pregnant women.
In the aftermath of a national or local state of calamity, the collection and reporting of data
for the Disaster Risk Reduction and Management Information System at all levels, as provided for
in Republic Act No. 10121, shall be disaggregated by age, gender, ethnicity, and special needs. Such
collected data shall be utilized to understand and respond better to the needs of children affected by
disasters and calamities.
Within five (5) days from the declaration of a national state of calamity or as soon as practicable,
the DSWD and the DILG shall jointly submit written documentation and report on their surveillance
and monitoring under SECTION 4 (d) to the appropriate committees of the Senate and the House of
Representatives.
SECTION 10. Appropriations. — The amount necessary for the initial implementation of this
Act shall be charged against the current appropriations of the DSWD, Office of Civil Defense (OCD),
DepEd, DOH, Department of National Defense (DND) and PSA. Thereafter, the amount needed for the
continued implementation of this Act shall be included in the annual General Appropriations Act. For
LGUs, the implementation of the programs shall be charged against the Local Disaster Risk Reduction
and Management Fund (LDRRMF).
of this Act, the DSWD, in consultation and coordination with the DND, OCD, DOH, DepEd, DILG, PNP,
AFP and child-focused CSOs shall promulgate the necessary rules and regulations for the effective
SECTION 12. Interpretation Clause. — The provisions of this Act and its implementing rules and
regulations shall be liberally construed in favor of the best interest of the child.
SECTION 13. Separability Clause. — If any provision or part of this Act is declared invalid or
SECTION 14. Repealing Clause. — All laws, executive orders, presidential decrees, rules and
regulations or parts thereof inconsistent with any provision of this Act are hereby repealed, amended
or modified accordingly.
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Title of Law: An Act Promulgating a Comprehensive Policy in Addressing the Needs of Per-
sons with Rare Disease
Short Title: Rare Diseases Act of the Philippines
Amended by: N/A
No. 10747 “Rare Diseases Act of the Philippines” (December 7, 2017)
AN ACT PROMULGATING A COMPREHENSIVE POLICY IN ADDRESSING THE NEEDS OF PERSONS

WITH RARE DISEASE
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Rare Diseases Act of the Philippines”.
SECTION 2. Declaration of Policy. — It is the policy of the State to protect and promote the right
to health of the people, including the right of persons suffering from rare diseases to survival and full and
healthy development as individuals through access to timely health information and adequate medical
care. In pursuit of such policy, the State shall institutionalize a system that is comprehensive, integrative
and sustainable and will facilitate collaboration among government and nongovernment agencies
and organizations at the national and local levels, private sector, professional health organizations,
academic institutions, communities and families towards the provision of early and sustainable care of
persons afflicted with rare disease. The State recognizes the crucial role of research in defining health
programs and activities to address the needs of patients with rare disease. The State also recognizes
that an effective public education program is vital in helping ensure the early diagnosis and treatment
of rare disorders and in preventing those afflicted with them from being the subject of ridicule and
stigmatization.
SECTION 3. Objectives. — The objectives of this Act are as follows:
(a) Improve the access of patients diagnosed to have a rare disease or patients highly suspected
of having a rare disease to comprehensive medical care, including drugs and other
healthcare products to treat or otherwise, as well as timely health information to help
them cope with their condition by:
(1) Establishing a comprehensive and sustainable healthcare system integrated within

the public healthcare delivery system for early and sustainable care for patients
suffering from rare diseases;
(2) Establishing and maintaining the Rare Disease Registry which shall include data on
rare diseases in the Philippines, patients afflicted with rare diseases, and orphan
drugs and orphan products. This data shall be utilized in formulating policies,
identifying program interventions and designing researches to address the
needs of patients with rare disease;
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(3) Integrating public educational and information campaigns in the current programs of
the Department of Health (DOH) to identify persons afflicted with rare disease
and help the public understand the special needs of such persons; and
(4) Facilitating the regular collaborative activities among stakeholders regarding the
realization of the objectives of this Act.
(b) Provide regulatory and fiscal incentives to support research and development studies on
rare diseases and to facilitate the manufacture and importation of affordable orphan
drugs and orphan products.
ARTICLE II
Definition of Terms
SECTION 4. Definitions. — For the purpose of this Act, the following terms shall be defined as
follows:
(a) Commercial use refers to the selling of orphan drugs at profit.
(b) Healthcare Practitioner refers to any doctor of medicine, dentist, nurse, midwife, allied
health professional and other healthcare professional duly licensed by the Professional
Regulation Commission. n
(c) Healthcare institutions refer to hospitals, health infirmaries, health centers, lying-in centers
or puericulture centers, whether public or private.
(d) Medical care refers to a comprehensive and professional care that encompasses correct
diagnosis, treatment and prevention of rare diseases.
(e) Medical food refers to special milk formula devoid of offending amino acids, organic acids
or fatty acids, amino acid supplements, essential amino acid mixtures, amino acid gels
or juices, and low protein food products that are part of the regimen for the medical
treatment of patients with inherited metabolic diseases.
(f) Medical specialist refers to a pediatrician for patients zero to eighteen (0-18) years old or
adult physician for above eighteen (18) years old adequately trained by experts in the
field of inherited metabolic diseases to diagnose and treat patients with rare diseases.
(g) National Comprehensive Newborn Screening System refers to the Newborn Screening
(NBS) system established in Republic Act No. 9288 that includes, but is not limited to:
(i) education of relevant stakeholders; (ii) collection, transport, biochemical screening,
and reporting on result of blood samples taken from newborns; (iii) tracking and
confirmatory testing to ensure the accuracy of screening results; (iv) clinical evaluation
and biochemistry/medical confirmation of follow-up results; (v) administration of drugs
and/or medical and surgical management and/or dietary supplementation to counter
adverse effects of the heritable conditions; and (vi) monitoring and evaluation of the
National Comprehensive Newborn Screening System.
(h) Newborn screening continuity clinic refers to an ambulatory clinic based in a secondary
or tertiary hospital identified by the DOH to be part of the National Comprehensive
Newborn Screening System Treatment Network. It is equipped to facilitate continuity of
care of patients confirmed with conditions included in the expanded newborn screening
in its area of coverage.
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(i) Orphan drug refers to any drug or medicine used to treat or alleviate the symptoms of persons
afflicted with a rare disease and declared as such by the DOH upon recommendation of
the National Institutes of Health (NIH).
(j) Orphan product refers to any healthcare or nutritional product, other than a drug or medicine,
including, but not limited to, diagnostic kits, medical devices and biological products,
used to prevent, diagnose, or treat rare diseases and declared as such by the DOH
upon recommendation of the NIH.
(k) Rare disease refers to disorders such as inherited metabolic disorders and other diseases
with similar rare occurrence as recognized by the DOH upon recommendation of the
NIH but excluding catastrophic (i.e., life threatening, seriously debilitating, or serious and
chronic) forms of more frequently occurring diseases.
(l) Rare Disease Management Program refers to a comprehensive management program

encompassing the diagnosis, clinical management, genetic counseling and drug research
development for people with rare diseases.
(m) Rare Disease Registry refers to the secure health information system, including the electronic
database system, relating to data on rare diseases, persons with rare disease, and
orphan drugs and orphan products.
(n) Rare Diseases Technical Working Group (RDTWG) refers to the DOH designated pool of
experts on rare diseases, which shall include experts from the NIH, tasked with identifying
rare diseases, orphan drugs and orphan products.
(o) Telegenetics Referral System refers to telehealth using a computer network system that
provides remote genetic clinical consultations to physicians in the provinces for their
patients.
ARTICLE III
Identification, Referral, Management and
Registration of Persons with Rare Disease
SECTION 5. Identification of Persons with Rare Disease. — The DOH, in coordination with the
NIH, shall create a Rare Disease Registry. It shall endeavor to comply with set global standards, if
applicable. All patients diagnosed with rare disease shall be included in this registry.
SECTION 6. Referral of Patients with Rare Disease. — Patients highly suspected of, or diagnosed
with, rare disease shall be referred to a newborn screening continuity clinic identified by the DOH as
referral centers for treatment of rare diseases under the National Comprehensive Newborn Screening
System. For patients from remote areas, the Telegenetics Referral System will be utilized.
SECTION 7. Availability of Specialist for the Management of Persons with Rare Disease. — The
DOH, with the assistance of the NIH, shall develop a system to train a sufficient number of medical
specialists to diagnose and manage persons with rare disease.
SECTION 8. Management of Persons with Rare Disease. — The DOH, with the assistance of the
NIH, shall provide persons with rare disease better access to a support system through the creation of
a Rare Disease Management Program under the National Center for Disease Prevention and Control of
the DOH.
SECTION 9. Registration of Persons with Rare Disease. — All healthcare practitioners and health
institutions shall be required to report to the Rare Disease Registry diagnosed cases of rare disease
and provide reports on the status of patients: Provided, That such reports shall be subject to guidelines
issued by the NIH to protect the privacy of patients with rare disease.
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ARTICLE IV
Persons with Rare Disease as Persons with Disabilities (PWDs)
SECTION 10. Designation of Persons with Rare Disease as Persons with Disabilities (PWDs). —
Persons with rare disease shall be considered as persons with disabilities (PWDs), in accordance
with Republic Act No. 7277, as amended, or the Magna Carta for Disabled Persons.
SECTION 11. Rights and Privileges of Persons with Rare Disease. — The appropriate national
government agency shall ensure that they are accorded the same rights and privileges as PWDs, to wit:
(a) The Department of Social Welfare and Development (DSWD) shall provide assistance to
persons with rare disease to ensure that their social welfare and benefits provided under Republic Act
No. 7277, as amended, or the Magna Carta for Disabled Persons, are granted; and
(b) The Department of Labor and Employment (DOLE) shall adopt programs that promote the
availability of opportunities for work and employment of able-persons with rare disease.
ARTICLE V
Designation of Rare Disease, Orphan Drug, and Orphan Product Status
SECTION 12. The Rare Disease Technical Working Group (RDTWG). — The DOH shall convene
the RDTWG which shall have the following roles and responsibilities:
(a) Determine what disorder or disease shall be considered as a rare disease, and what are the
orphan drugs and orphan products, and update the list periodically;
(b) Formulate policies that shall regulate the approval and certification of orphan drugs and
orphan products; and
(c) Establish a system to ensure the regular updating of information, diagnosis and treatment
of rare diseases in order to provide for the comprehensive healthcare of these patients.
SECTION 13. Designation of Rare Disease. — The DOH, upon recommendation of the RDTWG,
shall have the authority to designate any disease that is recognized to rarely afflict the population of
the country as a rare disease.
SECTION 14. Designation of Orphan Drug. — The DOH, motu proprio or upon application by any
interested person, and with the recommendation of the RDTWG, may designate any drug or medicine
indicated for use by patients afflicted with any of the rare diseases as an orphan drug. Within one
hundred twenty (120) days from the effectivity of this Act, the DOH shall publish a list of orphan drugs
for these rare diseases.
SECTION 15. Designation of Orphan Product. — The DOH, motu proprio or upon application by
any interested person, and with the recommendation of the RDTWG, may designate any healthcare or
nutritional product, other than a drug or medicine, including, but not limited to, diagnostic kits, medical
devices and biological products, used primarily to prevent, diagnose, or alleviate the symptoms of rare
diseases as an orphan product. Within one hundred twenty (120) days from the effectivity of this Act,
the DOH shall publish a list of orphan products for these rare diseases. AIDSTE
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SECTION 16. Permit for Restricted Use of an Orphan Drug/Orphan Product. — Any person
may import any orphan drug/orphan product for compassionate use: Provided, That they secure a
compassionate special permit from the Food and Drug Administration (FDA) in accordance with DOH
Administrative Order No. 4, series of 1992, and any future guidelines that may be issued on the same.
Within thirty (30) days from receipt of the requirements, the FDA shall issue a permit for
restricted use of an orphan drug/orphan product which shall be effective for a period of three (3)
years, renewable for a period of three (3) years thereafter: Provided, That the FDA shall expedite the
said permit in cases of emergency.
ARTICLE VI
Implementation
SECTION 17. Lead Agency. — The DOH shall be the lead agency in the implementation of this
Act. For purposes of achieving the objectives of this Act, the DOH shall:
(a) Establish the RDTWG as defined in SECTION 4 (n);
(b) Coordinate with the NIH for the technical assistance in the implementation of this Act;
(c) Coordinate with all government and nongovernment agencies that are involved in the
implementation of this Act;
(d) Support the activities of the newborn screening continuity clinics and designate referral
centers in strategic locations in the country for the timely and sustainable medical
management of persons with rare disease;
(e) Organize a pool of medical specialists who will be responsible in the diagnosis and
management of persons afflicted with rare disease and their families;
(f) With the assistance of the NIH and other government agencies, professional societies and
nongovernment organizations, conduct culturally sensitive public educational and
information campaigns on the nature of rare diseases, identify persons with rare disease
and help the general public understand the special needs of afflicted persons and their
right against ridicule and discrimination;
(g) Develop the implementing rules and regulations for the implementation of this Act within
one hundred eighty (180) days from the enactment of this Act; and
(h) Allot budget for the implementation of this Act.
SECTION 18. Other Implementing Agencies. — The FDA, NIH, Department of the Interior and
Local Government (DILG), Department of Education (DepEd), DSWD, DOLE, Department of Science
and Technology (DOST), and other relevant government agencies shall have the following tasks:
(a) FDA shall ensure that medical foods, orphan drugs and orphan products are permitted
in the country for purposes of treating rare diseases and shall develop a system that
addresses emergency cases, as they may arise;
(b) NIH shall provide technical assistance to the DOH in the implementation of this Act;
(c) DILG, DepEd, DSWD and DOLE shall ensure that persons with rare disease are given the
opportunity to be productive members of society and that they are given the same
rights and benefits as PWDs;
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(d) DOST shall provide mechanisms to further research for a better understanding of rare
diseases in the country and develop low-cost medical foods and orphan products for
the patients; and
(e) All other relevant government agencies shall assist in the full implementation of this Act.
SECTION 19. Obligation of Healthcare Practitioners. — A healthcare practitioner who attends to

a person with rare disease has the responsibility of informing the patient and their family of available
resources and refer them to the nearest available specialist.
SECTION 20. Continuing Education and Training of Health Personnel. — The DOH and the NIH,
together with health professional societies and academic healthcare institutions, shall:
(a) Conduct continuing education, information, and training programs for healthcare practitioners
on the identification and referral of persons with rare disease for medical management;
and
(b) Educate healthcare practitioners on the importance of reporting cases to the Rare Disease
Registry.
ARTICLE VII
Resource Generation and Fiscal Incentives
SECTION 21. Financial Assistance for Persons with Rare Disease. — A person with rare disease
may avail of the following:
(a) Basic benefit package from the Philippine Health Insurance Corporation, which shall be
provided in accordance with its guidelines; and
(b) Medical assistance as provided in SECTION 8 of Republic Act No. 10351 or the Sin Tax Reform
Act of 2012.
SECTION 22. Fiscal Incentives. — The following shall be exempted from all taxes and customs
duties, as applicable, whether national or local:
(a) Donations intended for researches on rare diseases, maintenance of the Rare Disease
Registry, or for purchase of orphan drugs or orphan products for use solely by patients
with rare diseases; and
(b) Orphan drugs and orphan products for use solely by patients with rare diseases, as certified
by the FDA.
ARTICLE VIII
Final Provisions
SECTION 23. Implementing Rules and Regulations (IRR). — Within one hundred eighty (180) days
from the effectivity of this Act, the DOH, in consultation with the NIH, shall issue the IRR of this Act.
SECTION 24. Repealing Clause. — All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any part or parts thereof, which are inconsistent with
this Act are hereby repealed or modified accordingly.
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SECTION 25. Separability Clause. — If, for any reason or reasons, any part or provision of this
Act shall be declared or held to be unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby shall continue to be in full force and effect.
SECTION 26. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at
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Title of Law: An Act Establishing Reforms in the Sangguniang Kabataan Creating Enabling
Mechanisms for Meaningful Youth Participation in Nation-Building, and for Other Purposes
Short Title: Sangguniang Kabataan Reform Act of 2015
Category of Child’s Rights: Participation
Amended by: N/A
No. 10742 (July 11, 2016)
AN ACT ESTABLISHING REFORMS IN THE SANGGUNIANG KABATAAN CREATING

ENABLING MECHANISMS FOR MEANINGFUL YOUTH PARTICIPATION IN NATION-BUILDING, AND FOR
OTHER PURPOSES
CHAPTER I
Introductory Provisions
SECTION 1. Title. — This Act shall be known as the “Sangguniang Kabataan Reform Act of 2015”.
SECTION 2. Declaration of State Policies and Objectives. — The State recognizes the vital
role of the youth in nation-building and thus, promotes and protects their physical, moral, spiritual,
intellectual and social well-being, inculcates in them patriotism, nationalism and other desirable values,
and encourages their involvement in public and civic affairs.
Towards this end, the State shall establish adequate, effective, responsive and enabling
mechanisms and support systems that will ensure the meaningful participation of the youth in local
governance and in nation-building.
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms are hereby
defined:
(a) Commission shall refer to the National Youth Commission created under Republic Act No.
8044;
(b) Local Chief Executive shall refer to the provincial governor, city and municipal mayor;
(c) Local Government Operations Officer shall refer to the duly designated head of the office of
the Department of the Interior and Local Government (DILG) stationed in the concerned
local government unit;
(d) Local Sanggunian shall refer to the sangguniang panlalawigan, sangguniang

panlungsod and sangguniang bayan;
(e) Youth Affairs Provincial Officer shall refer to the person duly appointed or designated by the
Commission to serve as its agent in the province with the tasks provided for in this Act
or as the Commission may deem necessary;
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(f) Youth shall refer to those persons whose ages range from fifteen (15) to thirty (30) years old
as defined in Republic Act No. 8044;
(g) Youth Organizations shall refer to those organizations whose membership/composition are
the youth; and
(h) Youth-Serving Organizations shall refer to those registered organizations whose principal
programs, projects and activities are youth-oriented and youth-related.
CHAPTER II
The Katipunan ng Kabataan and the Sangguniang Kabataan
SECTION 4. Katipunan ng Kabataan. — There shall be in every barangay a Katipunan ng

Kabataan to be composed of all citizens of the Philippines residing in the barangay for at least six
(6) months, who are at least fifteen (15) but not more than thirty (30) years of age, and who are duly
registered in the list of the Commission on Elections (COMELEC) and/or the records of the Sangguniang
Kabataan secretary.
SECTION 5. Powers and Functions of the Katipunan ng Kabataan. — The Katipunan ng Kabataan
shall:
(a) Elect the Sangguniang Kabataan chairperson and members; and
(b) Serve as the highest policy-making body to decide on matters affecting the youth in
the barangay. As such, the Sangguniang Kabataan shall consult and secure the
concurrence of the Katipunan ng Kabataan in the formulation of all its, programs, plans
and activities.
SECTION 6. Meetings of the Katipunan ng Kabataan. — The Katipunan ng Kabataan shall meet
at least once every six (6) months, or at the call of the chairperson of the Sangguniang Kabataan or
upon written petition of at least one-twentieth (1/20) of its members, to decide on important issues
affecting the youth of the barangay.
SECTION 7. Creation and Election of the Sangguniang Kabataan. — There shall be in

every barangay a Sangguniang Kabataan to be composed of a chairperson and seven (7) members
who shall be elected by the registered voters of the Katipunan ng Kabataan. The Sangguniang Kabataan
chairperson shall, with the concurrence of the majority of the Sangguniang Kabataan members, appoint
from among the members of the Katipunan ng Kabataan, a secretary and a treasurer.
SECTION 8. Powers and Functions of the Sangguniang Kabataan. — The Sangguniang Kabataan
shall:
(a) In consultation and with the concurrence of the Katipunan ng Kabataan, and within three (3)
months from assumption to office, formulate a three (3)-year rolling plan, which shall be
known as the Comprehensive Barangay Youth Development Plan, which shall serve as
basis in the preparation of the Annual Barangay Youth Investment Program. This plan
shall be aligned with the Philippine Youth Development Plan (PYDP) and other Local
Youth Development Plans in every level, municipal, city and provincial as is relevant;
(b) Approve the annual budget which is the annual slice of the Annual Barangay Youth Investment
Program before the start of the succeeding fiscal year and, if the Sangguniang Kabataan
funds allow, a supplemental budget. Any changes in the annual budget shall be in
accordance with existing applicable budget rules and procedures;
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(c) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in
accordance with the Comprehensive Barangay Youth Development Plan and the
applicable provisions of this Act;
(d) Initiate and implement, in coordination with any national government agency and/or any
private or nongovernment institution, programs and projects designed to promote
general welfare, development and empowerment of the youth;
(e) Hold fund-raising activities which are in line with the Comprehensive Barangay Youth
Development Plan, the proceeds of which shall be tax-exempt and shall accrue to the
general fund of the Sangguniang Kabataan: Provided, however, That in the appropriation
thereof, the specific purpose for which such activity has been held shall be first
satisfied: Provided, further, That any appropriation thereof shall be in accordance with
existing applicable budget, accounting and auditing rules and regulations;
(f) Create regular and special committees and such other bodies whose chairpersons and
members of which shall come from among the members of the Sangguniang Kabataan
or from among the members of the Katipunan ng Kabataan, as it may deem necessary
to effectively carry out its programs and activities;
(g) Submit the annual and end-of-term program accomplishments and financial reports to
the Sangguniang Barangay and present the same during the Katipunan ng Kabataan
assembly, copy furnished the Office of the Local Government Operations Officer and
Local Youth Development Council (LYDC), all in accordance with the prescribed form by
the DILG and the Commission;
(h) Partner with the LYDC in planning and executing projects and programs of specific advocacies
like good governance, climate change adaptation, disaster risk reduction and resiliency,
youth employment and livelihood, health and anti-drug abuse, gender sensitivity, and
sports development;
(i) Adopt and implement a policy on full public disclosure of all its transactions and documents
involving public interest; and
(j) Exercise such other powers and perform such other functions as may be prescribed by law
or ordinance, or delegated by the Sangguniang Barangay or the Commission.
SECTION 9. Meetings of the Sangguniang Kabataan. — (a) The Sangguniang Kabataan shall
meet regularly once a month on the date, time and place to be fixed by the said sanggunian. Special
meetings may be called by the chairperson or any four (4) of its members by giving written notice of
the date, time, place and agenda of the meeting, which can be sent either through personal delivery,
registered mail, fax or email, to all members, and must be received at least one (1) day in advance. The
Sangguniang Barangay and the Municipal or City Youth Development Council shall be furnished with
notices of regular and special meetings and the minutes of the meetings thereafter.
(b) A majority of the members including the chairperson shall constitute a quorum.
SECTION 10. Qualifications. — An official of the Sangguniang Kabataan, either elective or

appointee, must be a citizen of the Philippines, a qualified voter of the Katipunan ng Kabataan, a
resident of the barangay for not less than one (1) year immediately preceding the day of the elections,
at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections,
able to read and write Filipino, English, or the local dialect, must not be related within the second civil
degree of consanguinity or affinity to any incumbent elected national official or to any incumbent
elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to
be elected, and must not have been convicted by final judgment of any crime involving moral turpitude.
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SECTION 11. Term of Office. — (a) The chairperson and members of the Sangguniang Kabataan
shall hold office for a fixed term of three (3) years unless sooner removed for cause, permanently
incapacitated, have died or resigned from office.
(b) The Sangguniang Kabataan secretary and treasurer shall be coterminus with the appointing
authority unless sooner removed for cause, found to have failed from the discharge of his or her duties,
or has committed abuse of authority as stipulated in existing laws pertaining to the conduct of public
officials, through a majority vote of all the members of the Katipunan ng Kabataan in a regular or special
assembly called for the purpose.
(c) A Sangguniang Kabataan official who, during his or her term of office, shall have passed the
age of twenty-four (24) years shall be allowed to serve the remaining portion of the term for which he
or she was elected.
SECTION 12. Sangguniang Kabataan Chairperson. — The chairperson of the Sangguniang

Kabataan shall automatically serve as an ex officio member of the Sangguniang Barangay upon
assumption to office. As such, he or she shall exercise the same powers, discharge the same duties
and functions, and enjoy the same privileges as the regular Sangguniang Barangay members; and shall
be the chairperson of the Committee on Youth and Sports Development. He or she shall be entitled to
a pro-rata honoraria for every session of the Sangguniang Barangay he or she has attended.
SECTION 13. Powers and Functions of the Sangguniang Kabataan Chairperson. — The
Sangguniang Kabataan chairperson shall exercise such powers and discharge such duties as follows:
(a) Call and preside over all meetings of the Sangguniang Kabataan, and vote in case of a tie,
and assemblies of the Katipunan ng Kabataan except when one (1) of the agenda to be
discussed in such assembly involves the disciplinary action against the Sangguniang
Kabataan chairperson, in which case, the highest ranking Sangguniang Kabataan
member shall preside;
(b) Take the lead in the formulation of the Comprehensive Barangay Youth Development Plan
and in the preparation and implementation of the Annual Barangay Youth Investment
Program;
(c) Ensure the implementation of policies, programs and projects as contained in the Annual
Barangay Youth Investment Programs, in coordination with the Sangguniang Barangay
and the Municipal or City Youth Development Council;
(d) Sign all required documents and warrants drawn from the Sangguniang Kabataan funds
for all expenditures in the implementation of the Comprehensive Barangay Youth
Development Plan and Annual Barangay Youth Investment Program;
(e) Exercise general supervision over the affairs and activities of the Sangguniang Kabataan and
the Katipunan ng Kabataan as well as the official conduct of its members;
(f) With the concurrence of the Sangguniang Kabataan, appoint from among the members of
the Katipunan ng Kabataan a secretary and a treasurer;
(g) Coordinate with the Sangguniang Barangay and other youth organizations within his or
her barangay on youth-related programs and projects that they wish to initiate and
implement; and
(h) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.
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SECTION 14. Sangguniang Kabataan Secretary. — The Sangguniang Kabataan secretary shall:
(a) Keep all the records of the Katipunan ng Kabataan, including the list of its qualified members,
youth policies, studies, research and registry of youth and youth-serving organizations
in the barangay, if any;
(b) Prepare and keep all the minutes of all assemblies of the Katipunan ng Kabataan and of all
the meetings of the Sangguniang Kabataan;
(c) Cause the posting, in the barangay bulletin board and in at least three (3) conspicuous places
within the jurisdiction of the barangay, and if possible including the use of traditional and
nontraditional media, and make available for any person with legal purpose, all resolutions
approved by the Sangguniang Kabataan, the annual and end-of-term reports of the
programs and projects implemented by the Sangguniang Kabataan, the Comprehensive
Barangay Youth Development Plan and Annual Barangay Youth Investment Program
and the dissemination of the same to concerned offices, institutions and individuals; and
(d) Perform such other duties and discharge such other functions as the Sangguniang Kabataan
chairperson may prescribe or direct.
SECTION 15. Sangguniang Kabataan Treasurer. — The Sangguniang Kabataan treasurer shall:
(a) Take custody of all Sangguniang Kabataan property and funds;
(b) Collect and receive contributions, monies, materials, and all other resources intended for the
Sangguniang Kabataan and the Katipunan ng Kabataan;
(c) Serve as cosignatory in all withdrawals from the Sangguniang Kabataan funds and disburse
funds in accordance with the approved annual budget and supplemental budget, as the
case may be, of the Sangguniang Kabataan;
(d) Certify to the availability of the Sangguniang Kabataan funds whenever necessary;
(e) Submit to the Sangguniang Kabataan and to the Sangguniang Barangay certified and
detailed statements of actual income and expenditures at the end of every quarter
and the posting of the same in the barangay bulletin board and in at least three (3)
conspicuous places within the jurisdiction of the barangay, and if possible including the
use of traditional and nontraditional media;
(f) Render report during the regular Katipunan ng Kabataan assembly on the financial status of
the Sangguniang Kabataan; and
(g) Perform such other duties and discharge such other functions as the Sangguniang Kabataan
chairperson may prescribe or direct.
SECTION 16. Privileges of Sangguniang Kabataan Officials. — (a) All Sangguniang Kabataan
officials in good standing, whether elected or appointed, shall, during their incumbency:
(1) Be exempt from payment of tuition and matriculation fees while enrolled in any public
tertiary school including state colleges and universities and those locally funded
public educational institutions within or nearest their area of jurisdiction. The National
Government, through the DILG, shall reimburse said college or university the amount of
the tuition and matriculation fees;
(2) Be exempt from taking the National Service Training Program-Civic Welfare Training Service
(NSTP-CWTS) subjects. In lieu thereof, concerned Sangguniang Kabataan officials shall
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submit written reports, preferably with photographs, or other documentations of their
participation in the implementation of programs, projects and activities as outlined
in the Comprehensive Barangay Investment Program. Absence of such reports and
documentations or a finding to the contrary upon verification of submitted reports,
will disqualify the concerned Sangguniang Kabataan officials from this privilege. The
Commission on Higher Education (CHED) and the Commission shall jointly promulgate
the guidelines for the implementation of this provision;
(3) Be excused from attending their regular classes, if they are currently enrolled in any school,
while attending their regular or special Sangguniang Kabataan meetings, and the
Sangguniang Barangay sessions, in case of the Sangguniang Kabataan chairperson.
A certification of attendance shall be issued by the Sangguniang Kabataan secretary,
attested by the Sangguniang Kabataan chairperson and duly noted by the Punong
Barangay and shall be submitted to the concerned faculty member and the dean of the
educational institution as proof of attendance. In the case of the Sangguniang Kabataan
secretary, the Sangguniang Kabataan chairperson shall issue the certification duly noted
by the Punong Barangay. In the case of the Sangguniang Kabataan chairperson, the
barangay secretary shall issue the certification of attendance duly noted by the Punong
Barangay. Any person who shall falsely certify as to the attendance of any Sangguniang
Kabataan official shall be criminally and administratively liable;
(4) Be provided by the National Government with Philippine Health Insurance Corporation
(PhilHealth) coverage; and
(5) Be entitled to receive actual travelling reimbursements as may be authorized by law, and
subject to the availability of funds: Provided, That, such travel is directly related to the
performance of their functions as Sangguniang Kabataan officials and is supported by
duly approved travel order by the Punong Barangay in the case of the Sangguniang
Kabataan chairperson, or by the Sangguniang Kabataan chairperson in the case of the
other Sangguniang Kabataan officials;
(6) The Sangguniang Kabataan chairperson shall have the same privileges enjoyed by other
Sangguniang Barangay officials under this Act subject to such requirements and
limitations provided herein.
SECTION 17. Persons in Authority. — For purposes of the Revised Penal Code, the Sangguniang
Kabataan chairperson and members in each barangay shall be deemed as persons in authority in their
jurisdictions.
SECTION 18. Suspension and Removal from Office. — Any elected official of the Sangguniang
Kabataan may, after due process, be suspended for not more than six (6) months or removed from
office by majority vote of all members of the Sangguniang Bayan or Sangguniang Panlungsod which
has jurisdiction in the barangay of the concerned Sangguniang Kabataan official which shall be final and
executory, on any of the following grounds:
(a) Absence from the regular meeting of the Sangguniang Kabataan without valid cause for two
(2) consecutive times or accumulated absences of four (4) within a period of twelve (12)
months;
(b) Failure to convene the regular assembly of the Katipunan ng Kabataan for two (2) consecutive
times;
(c) Failure to convene the regular Sangguniang Kabataan meetings for three (3) consecutive
months in the case of the Sangguniang Kabataan chairperson;
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(d) Failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual
Barangay Youth Investment Program, or approve the annual budget within the prescribed
period of time without justifiable reason;
(e) Failure to implement programs and projects outlined in the Annual Barangay Youth Investment
Program without justifiable reason;
(f) Four (4) consecutive absences during the regular Sangguniang Barangay sessions without
valid cause in the case of the Sangguniang Kabataan chairperson;
(g) Conviction by final judgment of a crime involving moral turpitude; and violation of existing
laws against graft and corruption and other civil service laws, rules and regulations; and
(h) Failure in the discharge of his or her duty or has committed abuse of authority.
SECTION 19. Succession and Filling up of Vacancies. — (a) In case a Sangguniang Kabataan
chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently
incapacitated, is removed from office, the Sangguniang Kabataan member who obtained the highest
number of votes in the election immediately preceding shall assume the office of the chairperson for
the unexpired portion of his or her term. In case said member refuses to assume the position or fails to
qualify, the Sangguniang Kabataan member obtaining the next highest number of votes shall assume
the position of the chairperson for the unexpired portion of the term.
(b) After the vacancy shall have been filled, the Sangguniang Kabataan chairperson shall, within
thirty (30) days, call for a special Katipunan ng Kabataan assembly to elect a Sangguniang Kabataan
member to complete the membership of said sanggunian: Provided, That, such special assembly is
coordinated with the Office of the Local Government Operations Officer and the COMELEC of the
municipality or city where the concerned barangay belongs. Such Sangguniang Kabataan member shall
hold office for the unexpired portion of the term of the vacant seat. For this purpose, any citizen of the
Philippines residing in the said barangay for at least six (6) months who attains the age of fifteen (15)
years old at the time of the special election and who registers as member of the Katipunan ng Kabataan
before the Sangguniang Kabataan secretary shall be entitled to vote in the said special election.
(c) All other vacancies in the office of the Sangguniang Kabataan shall be filled in accordance
with the immediately preceding provision.
(d) In case of suspension of the Sangguniang Kabataan chairperson, the successor, as determined
in subsection (a) of this SECTION, shall assume the position during the period of such suspension.
SECTION 20. Sangguniang Kabataan Funds. — The Sangguniang Kabataan funds shall be
governed by the following provisions:
(a) All the income of the barangay derived from whatever source shall accrue to its general fund
and shall, at the option of the barangay concerned, be kept as trust fund in the custody
of the city or municipal treasurer or be deposited in a bank, preferably government-
owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed
in accordance with the provisions of this Act. Ten percent (10%) of the general fund
of the barangay shall be set aside for the Sangguniang Kabataan. The Sangguniang
Barangay shall appropriate the Sangguniang Kabataan funds in lump-sum which shall
be disbursed solely for youth development and empowerment purposes;
(b) The Sangguniang Kabataan shall have financial independence in its operations, disbursements
and encashment of their fund, income and expenditures. As such, the Sangguniang
Kabataan funds shall be deposited in the name of the Sangguniang Kabataan of the
concerned barangay in a government-owned bank situated in or nearest to its area of
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jurisdiction with the Sangguniang Kabataan chairperson and the Sangguniang Kabataan
treasurer as the official signatories;
(c) All Sangguniang Kabataan funds shall be allocated in an annual budget, and if the funds allow,
in a supplemental budget in accordance with the adopted Annual Barangay Investment
Program. Both the Comprehensive Barangay Youth Development Plan and Annual
Barangay Investment Program shall give priority to programs, projects and activities
that will promote and ensure the equitable access to quality education, environmental
protection, climate change adaptation, disaster risk reduction and resiliency, youth
employment and livelihood, health and anti-drug abuse, gender sensitivity, sports
development, and capability building which emphasizes leadership training; and
(d) The Sangguniang Bayan or Sangguniang Panlungsod shall, within sixty (60) days upon
receipt hereof, review the annual budget and supplemental budget of the Sangguniang
Kabataan on their compliance in the immediately preceding provision and other existing
laws, rules and regulations. Noncompliance shall render said budgets inoperative either
in whole or in part. Failure on the part of the sanggunian to complete the review within
the prescribed period shall render the said annual budget deemed approved.
All Sangguniang Kabataan funds derived from any source shall be stated in its financial
records which shall be kept by the Sangguniang Kabataan treasurer, copy furnished
the sangguniang barangay, in simplified manner as may be prescribed by the
Commission on Audit (COA). All Sangguniang Kabataan funds shall be subject to all
existing accounting and auditing laws, rules and regulations.
SECTION 21. Pederasyon ng Sangguniang Kabataan. — (a) There shall be an organization of the
Pederasyon ng mga Sangguniang Kabataan to be known as follows:
(1) In municipalities, Pambayang Pederasyon ng mga Sangguniang Kabataan which shall be

composed of the Sangguniang Kabataan chairpersons of barangays in the municipality;
(2) In cities, the Panlungsod na Pederasyon ng mga Sangguniang Kabataan which shall be
composed of the Sangguniang Kabataan chairpersons of barangays in the city; and
(3) In provinces, Panlalawigang Pederasyon ng mga Sangguniang Kabataan which shall be

composed of the convenors of the Pambayan and Panlungsod na Pederasyon ng mga
Sangguniang Kabataan.
(b) The Pederasyon ng mga Sangguniang Kabataan shall, at all levels, elect from among
themselves a president, a vice president, a treasurer, a secretary and such other officers as they may
deem necessary. The concerned Local Government Operations Officer, in coordination with the election
officer, shall facilitate the conduct of the elections which shall be held within fifteen (15) days from the
Sangguniang Kabataan elections in case of the Pambayan and Panlungsod na Pederasyon, and within
thirty (30) days in case of the Panlalawigang Pederasyon.
(c) The manner of election, suspension and removal of the officers of the Pederasyon at all
levels and the term of office of the other officers of the Pederasyon shall be governed by the guidelines
to be jointly issued by the DILG, the COMELEC and the Commission within sixty (60) days upon the
effectivity of this Act.
SECTION 22. Membership in the Sanggunian and Local Special Bodies. — (a) The duly elected
president of the Pederasyon ng Sangguniang Kabataan, at all levels, shall serve as ex officio member of
the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, respectively;
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(b) He or she shall be the chairperson of the Committee on Youth and Sports Development in the
said Sanggunian, and a regular member of the Committees on Education, Environment, Employment
and Livelihood, Health and Anti-Drug Abuse, and Gender and Development;
(c) He or she shall serve as ex officio member of Local School Board, Local Council for the
Protection of Children Local Development Council, Local Health Board, Local Tourism Council and Local
Peace and Order Council; and
(d) He or she shall convene the LYDC every three (3) months to conduct consultations with
youth organizations.
CHAPTER III
The Local Youth Development Council (LYDC)
SECTION 23. Creation. — To ensure wide and multi-sectoral youth participation in local
governance, there shall be in every province, city and municipality a Local Youth Development Council
(LYDC) which shall be called, Provincial Youth Development Council, City Youth Development Council
and Municipal Youth Development Council, respectively. The LYDC shall be composed of representatives
of youth and youth-serving organizations in the provincial, city, and municipal level. The LYDC shall
assist the planning and execution of projects and programs of the Sangguniang Kabataan, and the
Pederasyons in all levels.
SECTION 24. Local Youth Development Council Funds. — The LYDC shall be funded by their
respective Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan.
CHAPTER IV
The Local Youth Development Office
SECTION 25. Creation. — There shall be in every province, city and municipality a Youth
Development Office which shall be headed by a youth development officer with the rank of at least
division chief. Such may be put under the Office of the Local Chief Executive, the Office of the Planning
and Development, the Office of the Social Welfare, or in any other office deemed appropriate by the
local government unit. If the funds of the local government unit are sufficient, it can be a separate
department with divisions and units for policy and planning, administration and finance, and programs
and operations. In the event when the local government unit has exceeded the prescribed personal
services limitations, the local chief executive may designate existing personnel whom he or she deems
fit to serve this purpose until such time that the local government unit can already create this office.
SECTION 26. Funding. — The local government unit shall incorporate in its annual budget such
amount as may be necessary for the operation and effective functioning of the Local Youth Development
Office.
CHAPTER V
Capability-Building and Orientation towards Nation-Building and Empowerment
SECTION 27. Mandatory and Continuing Training Programs. — For the purpose of emphasizing
the role of the youth in nation-building and molding them to become better citizens with the values of
patriotism, nationalism and honor as a Filipino, any Sangguniang Kabataan official, whether elected or
appointed, or any member of the LYDC must undergo the mandatory training programs before he or
she can assume office. During their incumbency, they must attend the continuing training programs to
be undertaken by the Commission in coordination with the DILG. Deliberate failure to attend the said
training programs shall constitute sufficient ground to disqualify said Sangguniang Kabataan official or
LYDC member or subject them to disciplinary actions.
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SECTION 28. Components of the Mandatory Training Programs. — The Commission and the
DILG with the assistance of the Development Academy of the Philippines (DAP), the Local Government
Academy (LGA), the University of the Philippines-National College of Public Administration and
Governance (UP-NCPAG), and in consultation with youth stakeholders shall jointly design and implement
the mandatory and continuing training programs. The mandatory training programs must include
among others, the following components: (a)(1) The Philippine cultural history, political systems, ethics
and ideologies; (2) The Filipino as a nation builder; (3) The Filipino youth and its role in nation-building;
and (b) capability building on leadership, program and project development and sustainability, financial
management, and accountability and transparency.
SECTION 29. Training Fund. — A training fund with an initial amount of fifty million pesos
(P50,000,000.00) is hereby established and appropriated from any available source to be managed
by the Commission. Thereafter, such amount needed for this purpose shall be included in the Annual
General Appropriations Act.
CHAPTER VI
Linggo ng Kabataan
SECTION 30. Observance of Linggo ng Kabataan. —
(a) Every barangay, municipality, city and province shall conduct an annual activity to be known
as the Linggo ng Kabataan on the week where the 12th of August falls to coincide with
the International Youth Day. The Sangguniang Kabataan, in the case of barangay, and the
respective LYDC in cooperation with the Pederasyon ng mga Sangguniang Kabataan, in
the case of municipality, city and province, shall take the lead in this observance.
(b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of
all local elective and appointive officials, as well as heads of national offices or agencies
stationed or assigned in the territorial jurisdiction of the local government unit, among
in-school and community youth residing in the local government concerned from ages
thirteen (13) to seventeen (17). During said week, they shall hold office as boy and girl
officials and shall perform such duties and conduct such activities as may be provided
in the ordinance enacted pursuant to this Chapter.
CHAPTER VII
Registration, Election and Assumption of Office
SECTION 31. Registration. — For purposes of the next regular Sangguniang Kabataan election
under this Act, the COMELEC shall set a special registration of the Katipunan ng Kabataan which shall in
no case be less than one (1) month and shall include Saturdays and Sundays. Subsequent registration
of the Katipunan ng Kabataan shall be governed by Republic Act No. 8189 including the system of
continuing registration.
SECTION 32. Date of Election. — The Sangguniang Kabataan elections shall be synchronized
with the barangay elections and subsequently every three (3) years thereafter.
CHAPTER VIII
Final Provisions
SECTION 33. Appropriations. — The amount necessary to implement the provisions of this Act
shall be included in the Annual General Appropriations Act.
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SECTION 34. Implementing Rules and Regulations (IRR). — The Commission, the DILG, the
COMELEC, the Department of Budget and Management, the CHED, the Department of Education,
and the COA, in consultation with the local government leagues, and various youth organizations and
youth-serving organizations shall be tasked to come up, within sixty (60) days upon approval of this
Act, with the IRR needed for the implementation of this Act.
SECTION 35. Separability Clause. — If, for any reason or reasons, any part or provision of this
Act shall be declared unconstitutional or invalid, other parts or provisions not affected thereby shall
continue to be in full force and effect.
SECTION 36. Repealing Clause. — SECTIONs 329, 423-439 of Republic Act No. 7160, also
known as “The Local Government Code of 1991”; SECTION 10 (O) of Republic Act No. 8044, otherwise
known as “Youth In Nation-Building Act”; SECTIONs 1 and 2 of Republic Act No. 9340, entitled “An
Act Amending Republic Act No. 9164, Resetting the Barangay and Sangguniang Kabataan Elections,
and for Other Purposes”; all other laws, presidential decrees, executive orders, letters of instruction,
rules and regulations or portions thereof which are inconsistent with this Act are hereby repealed or
SECTION 37. Effectivity Clause. — This Act shall take effect fifteen (15) days after the completion
of its publication in the Official Gazette or in any two (2) newspapers of general circulation.
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Title of Law: An Act Protecting the Amateur Nature of Student-Athletes in the Philippines by
Regulating the Residency Requirement and Prohibiting the Commercialization of Student-Ath-
letes
Short Title: Student-Athletes Protection Act
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations (IRR) of Republic
Act No. (RA) 10676 (Student-Athletes Protection Act) (July 12, 2021)
AN ACT PROTECTING THE AMATEUR NATURE OF STUDENT-ATHLETES IN THE PHILIPPINES BY

REGULATING THE RESIDENCY REQUIREMENT AND PROHIBITING THE COMMERCIALIZATION OF
STUDENT-ATHLETES
SECTION 1. Short Title. — This Act shall be known as the “Student-Athletes Protection Act”.
SECTION 2. Declaration of Policy. — Article XIV, SECTION 1 of the 1987 Constitution recognizes
the role of the State to protect and promote the right of all the citizens to quality education at all
levels, and to take appropriate steps to make such education accessible to all. Further, SECTION 19
(1) of the same Article provides that the State shall promote physical education, sports programs and
competitions alongside training for international competitions to foster self-discipline, teamwork and
excellence for the attainment of a healthy and alert citizenry. Thus, the State shall recognize and uphold
the rights of student-athletes to further hone their skills and abilities in their respective fields of amateur
sports without neglecting their education and general well-being.
It is the intention of this Act to protect and promote the rights of the student-athlete, who
is, first and foremost, a student. To this end, the rights guaranteed by this Act and the obligations
imposed on schools and athletic associations and their officials, athletic directors, coaches, members
of the coaching staff, administrators, alumni, and representatives shall seek to ensure that the student-
athlete attains quality education while honing his/her skill and reaching his/her full potential as an
athlete in an amateur sports setting.
SECTION 3. Definition of Terms. — As used in this Act, the following terms shall be defined as
follows:
(a) Athletic association refers to any public or private organization that is responsible for
governing inter-school athletic programs and competitions including, but not limited to,
the Private Schools Athletic Association (PRISAA), the University Athletic Association
of the Philippines (UAAP), the National College Athletic Association of the Philippines
(NCAA), the Women’s National Collegiate Athletic Association (WNCAA), the State
Colleges and Universities, Athletic Association (SCUAA), the Cebu Schools Athletic
Foundation, Inc. (CESAFI), the National Capital Regional Athletic Association (NCRAA),
the Association of Local Colleges and Universities Athletic Association (ALCUAA) and
the National Athletic Association of Schools, Colleges and Universities (NAASCU);
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(b) School refers to an institution recognized by the State which undertakes educational
operations such as grade school, high school, college, university, or technical-vocational
education and training institution; and
(c) Student-athlete refers to a student currently enrolled in any school who is a member of any
of the school’s athletic teams or programs and who represents or has intentions of
representing the school in an inter-school athletic program or competition. The student-
athlete must be enrolled in at least a minimum full-time curricular program and must
be in good standing to be eligible to represent the school in an inter-school athletic
program or competition.
SECTION 4. Residency of Student-Athletes. — Without prejudice to the respective rules of

athletic associations on student-athletes who are foreign imports, the following rules on residency shall
be applied:
(a) Residency requirement shall not be imposed on a student-athlete who is a high school
graduate enrolling in a college or university;
(b) Residency requirement shall likewise not be imposed on a high school student-athlete
transferring from one high school to another high school; Provided, That, to address
the issue of piracy, a maximum of one (1) year residency may be imposed by an athletic
association on a high school student-athlete who transfers from one member school to
another;
(c) In the case of a tertiary student-athlete transferring from one college or university to another,
a maximum of one (1) year residency may be imposed by an athletic association before
a student-athlete could participate and represent a school in any athletic competition;
and
(d) The residency rules mentioned in paragraphs (a) and (b) of this SECTION shall likewise apply
to a Filipino student-athlete from other countries enrolling in a school in the Philippines.
No school, or its representative, shall be authorized to perform the following acts on a student-
athlete on the sole reason of his/her transfer to another school:
(1) File an administrative charge for possible violation of school rules and regulations;
(2) Require the payment of tuition and other miscellaneous fees covered by the
scholarship granted, including monies given and the cash equivalent of non-
monetary benefits received;
(3) Refuse to issue or delay the release of grades and school records, clearance, or
transfer eligibility;
(4) Give incomplete grades in subjects in which the student-athlete is exempted by

virtue of being a student-athlete; and
(5) Impose other forms of punishment.
SECTION 5. Benefits and Incentives. — Schools may grant a deserving student-athlete the
following benefits and incentives:
(a) Tuition and miscellaneous school fees including books and other learning materials;
(b) Full board and lodging;
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(c) School and athletic uniforms including supplies, equipment and paraphernalia;
(d) A reasonable regular monthly living allowance, the amount of which shall be set and
standardized by the athletic association to which the school is affiliated with;
(e) Medical examinations and consultations, emergency medical services, life and medical
insurance and other reasonable and similar benefits that would further enhance the
academic and athletic performance of the student-athlete; and
(f) Other reasonable and similar benefits that would further enhance the student-athlete’s
academic and athletic performance.
SECTION 6. Commercialization of Student-Athletes. — Schools shall not offer a student-athlete

or the immediate family members benefits or incentives beyond those enumerated under SECTION 5 of
this Act which are contrary to the nature of amateur sports and which may result in the commercialization
of a student-athlete.
SECTION 7. Authority of the Department of Education (DepEd) and the Commission on

Higher Education (CHED). — The DepEd in furtherance to its mandate to supervise all basic education
institutions, and the CHED with its mandate to supervise higher education institutions, are hereby
further authorized to regulate and oversee school athletic associations, and are tasked to ensure that
the rights of student-athletes are respected and protected. They are likewise authorized to handle
complaints against the school athletic associations, and schools. They may consult the Philippine Sports
Commission (PSC) for technical expertise, as may be needed.
SECTION 8. Prosecution of Action. —
(a) Who May File. — For purposes of this Act, a written complaint may be filed by a student-
athlete, his/her parents or guardians, member schools or their alumni, or any person or
any entity in behalf of a student-athlete who, or a school which, may be affected by any
violation of this Act.
(b) Who are Liable. — School officials, athletic directors, coaches, members of the coaching
staff, administrators, alumni, or representatives shall be liable for any violation of this
Act. Athletic associations or schools shall likewise be liable for knowingly permitting
or failing to prevent such violations, without prejudice to any direct liability by the
aforementioned individuals.
(c) Investigation. — Athletic associations may, motu proprio or upon written complaint, investigate
violations of this Act and impose the appropriate penalties, such as suspending or
banning the student-athlete from playing and/or the school from participating in their
respective leagues: Provided, That if the respondent is the athletic association, or if
there is reason to believe that the athletic association will not act upon the complaint, a
written complaint may be filed directly with the DepEd or the CHED.
(d) Appeal. — Within fifteen (15) days upon receipt of the decision of the athletic association, an
appeal may be filed with the DepEd or the CHED.
(e) Inaction or inhibition. — Within thirty (30) days from filing of the complaint, there being no
action from the athletic association, the student-athlete or his/her representative may
directly file a written complaint with the DepEd or the CHED.
(f) Sanctions and penalties. — Upon notice and hearing, the DepEd or the CHED may impose the
appropriate penalties under relevant laws, rules or regulations, including:
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(1) On erring schools:
Any violation of the provisions of this Act shall be punishable by suspension from
participating in the athletic organization/s and/or a fine ranging from one
hundred thousand pesos (P100,000.00) to one million pesos (P1,000,000.00)
depending on the gravity of the offense; and
(2) On erring athletic associations:
Any violation of the provisions of this Act shall be punishable by a fine ranging from one
hundred thousand pesos (P100,000.00) to one million pesos (P1,000,000.00)
depending on the gravity of the offense.
The availment of remedies under this Act will not preclude the complainant from seeking
further recourse from the courts of law.
(g) Nothing in this SECTION shall prevent any of the persons mentioned herein from
filing for a temporary restraining order or any other injunctive relief in court if
there is no other plain, speedy, and adequate remedy in the ordinary course of
law.
SECTION 9. Implementing Rules and Regulations. — Within ninety (90) days from the approval
of this Act, the DepEd and the CHED, in consultation with the PSC, shall promulgate the rules and
regulations implementing the provisions of this Act. The implementing rules and regulations issued
pursuant to this SECTION shall take effect thirty (30) days after its publication in two (2) national
newspapers of general circulation.
SECTION 10. Implementing Agencies. — The DepEd and the CHED shall implement the provisions
of this Act.
remainder of this Act or any provision not affected thereby shall remain in full force and effect.
SECTION 12. Repealing Clause. — Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified, or amended accordingly.
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Title of Law: An Act Providing for the Safety of Children Aboard Motorcycles
Short Title: Children’s Safety on Motorcycles Act of 2015
Category of Child’s Rights: Survival and Protection
Amended by: N/A
No. 10666 (April 4, 2017)
AN ACT PROVIDING FOR THE SAFETY OF CHILDREN ABOARD MOTORCYCLES
SECTION 1. Short Title. — This Act shall be known as “Children’s Safety on Motorcycles Act of
2015”.
SECTION 2. Declaration of Policy. — It is the policy of the State to defend the right of children to
assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their development.
Towards this end, the State shall pursue a more proactive and preventive approach to secure
the safety of passengers, especially children, by regulating the operation of motorcycles along roads
and highways.
SECTION 3. Definitions. — For purposes of this Act, the following terms shall mean:
(a) Motorcycle refers to any two (2)-wheeled motor vehicle having one (1) or two (2) riding
saddles;
(b) Public roads refer to roads designed by the national government or local government units
as roads for public use such as, but not limited to, national highways, provincial roads,
city, municipal and barangay streets;
(c) Foot peg refers to a flat form attached to the motorcycles on which to stand or brace the
feet; and
(d) Rider refers to the driver of a motorcycle.
SECTION 4. Prohibition. — It shall be unlawful for any person to drive a two (2)-wheeled
motorcycle with a child on board on public roads where there is heavy volume of vehicles, there is a
high density of fast moving vehicles or where a speed limit of more than 60/kph is imposed, unless:
(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the
motorcycle;
(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and
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(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054,
otherwise known the “Motorcycle Helmet Act of 2009.”
SECTION 5. Exception. — Notwithstanding the prohibition provided in the preceding SECTION,

this Act shall not apply to cases where the child to be transported requires immediate medical attention.
SECTION 6. Penalties. — Any person who operates a motorcycle in violation of SECTION 4 of

this Act shall be fined with an amount of three thousand pesos (P3,000.00) for the first offense; five
thousand pesos (P5,000.00) for the second offense; and ten thousand pesos (P10,000.00) for the
third and succeeding offenses.
Moreover, for the third offense, the driver’s license of the offender shall be suspended for a
period of one (1) month.
Violation of these provisions beyond the third time shall result to automatic revocation of the
offender’s driver’s license.
SECTION 7. Review of Penalties. — The Land Transportation Office (LTO) is hereby empowered
to increase or adjust the amounts of fines herein imposed: Provided, That:
(a) The increase or adjustment is made after public consultation once every three (3) years from
the effectivity of this Act and in the amount not exceeding twenty percent (20%) of the
amounts sought to be increased or adjusted;
(b) A thorough study has been conducted indicating that the existing amounts are no longer an
effective deterrent;
(c) Current relevant economic indices, such as the Consumer Price Index (CPI), have been
considered in the determination of the increase or adjustment; and
(d) The increases or adjustment shall only become effective fifteen (15) days after its publication
in two (2) newspapers of general circulation.
SECTION 8. Qualifying Circumstances. — If, in violation of the provisions of this Act, death shall
have resulted or serious or less serious injuries shall have been inflicted upon the child or any other
person, a penalty of one (1) year imprisonment shall be imposed upon the motorcycle rider or operator
of the motorcycle involved without prejudice to the penalties provided under Act No. 3815, otherwise
known as “The Revised Penal Code of the Philippines”, as amended.
SECTION 9. Authority to Deputize Traffic Enforcers and Local Government Units (LGUs). — To
effectively implement the provisions of this Act, the LTO is hereby given the authority to deputize
members of the Philippine National Police (PNP), the Metropolitan Manila Development Authority
(MMDA) and the LGUs to carry out enforcement functions and duties.
SECTION 10. Public Information Campaign. — Not later than thirty (30) days following the
promulgation of the Implementing Rules and Regulations (IRR) of this Act, the LTO, in coordination with
the Philippine Information Agency (PIA), the Department of Education (DepEd) and concerned private
organizations and agencies, shall undertake a nationwide information and education campaign for a
period of three (3) months on the important provisions of this Act and its IRR.
Thereafter, the aforementioned agencies shall include the essential provisions of this Act in
their respective annual communications programs.
SECTION 11. Implementing Rules and Regulations. — As the lead agency, the LTO shall formulate
the IRR of this Act within ninety (90) days after its effectivity.
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SECTION 12. Separability Clause. — If for any reason any SECTION or provision of this Act is
declared unconstitutional, other provisions hereof which are not affected thereby shall continue to be
in full force and effect.
SECTION 13. Repealing Clause. — All laws, decrees, or rules and regulations which are inconsistent
with or contrary to the provisions of this Act are hereby amended or repealed.
the Official Gazette or in two (2) national newspapers of general circulation.
225
Title of Law: An Act Establishing the Open High School System in the Philippines and Ap-
propriating Funds Therefor
Short Title: Open High School System Act
Amended by: N/A
AN ACT ESTABLISHING THE OPEN HIGH SCHOOL SYSTEM IN THE PHILIPPINES AND APPROPRIATING
FUNDS THEREFOR
SECTION 1. Short Title.— This Act shall be known as the “Open High School System Act”.
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to broaden
access to relevant quality education through the employment of an alternative secondary education
program that will enable the youth to overcome personal, geographical, socioeconomic and physical
constraints, to encourage them to complete secondary education. This is in line with the constitutional
policy that mandates the State to “encourage non-formal, informal, and indigenous learning systems,
as well as self-learning, independent, and out-of-school study programs particularly those that respond
to community needs”, as stated in Article XIV, SECTION 2, paragraph 4 of the 1987 Constitution.
SECTION 3. Definition of Terms.— The terms used in this Act are hereby defined as follows:
(a) Community Adviser or Tagapayong Pansamahan refers to the adviser from within the
community who helps the open learners harmonize their studies with community service
and leisure;
(b) Learning Center refers to a room in the mother high school or other designated area where
the open learners can conduct researches or gather additional information on topics
under study. It can also serve as a multipurpose area which may contain a classroom
setup, a library or a venue where the Source Person can conduct hands-on exercises/
activities;
(c) Mother High School or Inang Paaralan refers to a regular secondary school which maintains
full administrative management and instructional supervision and control over one or
more learning centers. It functions, among others, as:
(1) Headquarters of the open learners and Open High School Teachers;
(2) Center for enrolment, evaluation, direct or face-to-face instruction and promotion of
open learning;
(3) Receiver of donations, instructional materials and reports relative to open learning;
and
(4) Coordinator of the different learning centers in the community.
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(d) Open High School Teacher refers to a regular secondary school teacher of the mother high
school who is in charge of direct instruction, evaluation of the learners’ progress and
keeping of the records of individual learners;
(e) Open Learning refers to the philosophy of learning that is learner-centered and flexible,
enabling learners to learn at the time, place and pace which satisfies their circumstances
and requirements;
(f) Source Person or Gurong Kadluan refers to a resource person with specialized skills in
practical or industrial subjects such as farming, handicraft, auto-mechanics, tailoring and
other skills; and
(g) Teacher Adviser or Gurong Tagapatnubay refers to a regular secondary school teacher
of the mother high school who serves as guidance counselor to the open learners,
coordinates with the teachers in evaluating the learners’ progress, and prepares and
submits reports to the authorities concerned.
SECTION 4. Establishment of the Open High School System (OHSS).— The OHSS is hereby
established as part of the Department of Education’s (DepEd) alternative secondary education program
to provide access to secondary education through the open learning modality.
SECTION 5. Coverage.— This Act shall apply to public secondary educational institutions
authorized to practice open learning through self-instructional materials, multi-channel learning and
school-family-community partnership as well as other such institutions that shall be authorized as
qualified implementers of the OHSS.
SECTION 6. Learners of the DHSS.— The OHSS shall be open to all youth and adults who have
finished elementary education, as well as high school qualifiers of the Philippine Educational Placement
Test (PEPT) and the Alternative Learning System (ALS) Accreditation and Equivalency (A&E) Test.
SECTION 7. Administration and Function.— The DepEd shall administer the OHSS. An OHSS Unit
shall be created to assist in performing the following functions:
(a) Formulate the basic policies of the OHSS;
(b) Formulate, adopt and supplement programs that ensure effectivity and productivity of the
OHSS;
(c) Monitor and evaluate existing open learning programs for integration with the OHSS;
(d) Develop and validate prototype instructional materials for open learning;
(e) Consult and collaborate with other DepEd divisions, local government units (LGUs),civil
society organizations and other private agencies for the effective operation of the OHSS;
(f) Promulgate the necessary guidelines, rules and regulations for the effective implementation
of the OHSS;
(g) Recommend to the DepEd the annual budget of the OHSS for inclusion in the annual General
Appropriations Act; and
(h) Perform such other tasks as may be necessary to attain the objectives of the OHSS.
SECTION 8. Curriculum Content.— The OHSS shall adopt the K to 12 Enhanced Basic Education
Curriculum using the standards and learning competencies of different subject areas of the program.
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SECTION 9. Personnel Recruitment and Incentives.— The Open High School Teachers and
Teacher Advisers who shall render service under the OHSS shall be enlisted from those who are
currently teaching in the mother high school that is implementing the program.
The Community Advisers and the Source Persons shall be hired by the LGU and shall receive
honoraria, to be arranged with the local school board in accordance with the guidelines it shall issue
in consultation with the DepEd: Provided,That upon full implementation of the K to 12 Curriculum,
particularly on Senior High School, the specific Division of the DepEd which has authority over the
mother high school, shall be responsible in hiring the Source Persons and in giving their compensation.
The DepEd shall prioritize qualified locally-hired teachers who have been performing the
functions of Open High School Teachers prior to this Act in the hiring of additional Open High School
Teachers.
SECTION 10. Training of Teaching Staff.— The DepEd shall be responsible for the training of
the Open High School Teachers, Teacher Advisers, and Community Advisers. Training shall be done in
coordination with the LGUs and the nongovernment organizations concerned.
Nonteaching stakeholders such as parents and LGU personnel, among others, who are needed
to provide support to the OHSS, shall likewise be included in the training program.
SECTION 11. Establishment of Learning Centers.— Every division of the DepEd shall establish
learning centers in the authorized mother high schools located in their jurisdiction. LGUs may also take
the lead in the establishment of learning centers, which shall continue to be under the authority of the
recognized mother high school and the division of the DepEd.
The specific Division of the DepEd which has authority over the mother high school, shall be
responsible in hiring the Open High School Teacher who shall manage the day to day affairs of the
learning center on a full-time basis. This Open High School Teacher shall be the coordinator of the
learning center and shall facilitate the learning process of the open learners.
SECTION 12. Private Sector Participation.— Private educational institutions may establish their
own privately-funded learning centers following the standards and criteria provided for in this Act for
the OHSS, subject to the approval of the DepEd.
SECTION 13. Memorandum of Agreement.— To ensure maximum cooperation towards the

success of the OHSS, the DepEd and the Department of the Interior and Local Government (DILG) are
encouraged to adopt a Memorandum of Agreement defining their respective roles in the operation of
the OHSS pursuant to this Act.
The DepEd shall encourage and promote partnership with concerned civil society organizations
and other service providers in order to sustain an enabling environment for participatory planning,
budgeting, and implementation of the OHSS related programs and projects.
SECTION 14. Appropriations.— The amount necessary for the initial implementation of this Act
shall be charged against the current year’s appropriations of the Open High School Program of the
DepEd. Thereafter, the amount necessary for the continued operation of the OHSS shall be included in
the DepEd’s budget in the annual General Appropriations Act.
SECTION 15. Implementing Rules and Regulations.— Within ninety (90) days after the effectivity
of this Act, the DepEd, in consultation with the DILG, shall promulgate the rules and regulations needed
for the effective implementation of this Act.
SECTION 16. Separability Clause.— If any provision of this Act is held invalid or unconstitutional,
the other provisions not so declared shall remain in force and effect.
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SECTION 17. Repealing Clause.— All laws, decrees, orders, rules and regulations and other
issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified
accordingly.
SECTION 18. Effectivity Clause.— This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.
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Title of Law: An Act Declaring November of Every Year as National Children’s Month
Short Title: National Children’s Month Act
Amended by: N/A
AN ACT DECLARING NOVEMBER OF EVERY YEAR AS NATIONAL CHILDREN’S MONTH
SECTION 1. This Act shall be known as the “National Children’s Month Act”.
SECTION 2. The month of November of every year is hereby declared as “National Children’s
Month”. This declaration commemorates the adoption of the Convention on the Rights of the Child by
the United Nations General Assembly on 20 November 1989; and seeks to instill its significance in the
Filipino consciousness.
SECTION 3. Pursuant to the observance of National Children’s Month, an annual program of

activities shall be prepared and implemented, with the Department of Social Welfare and Development
(DSWD), the National Youth Commission (NYC), and the Council for the Welfare of Children (CWC) as lead
agencies. They are authorized to call upon any department, bureau, office, agency, or instrumentality
of the government, including government-owned or -controlled corporations, for any assistance as
may be needed in the discharge of the tasks under this Act.
SECTION 4. The Department of Education (DepEd) and the Commission on Higher Education
(CHED) shall facilitate and encourage the commemoration of this month in all schools, public and
private, nationwide.
The Philippine Information Agency, in coordination with the DSWD, the DepEd, the CHED, the
NYC and the CWC shall ensure the effective information dissemination of this Act.
All local government units and private organizations including the civil society, private enterprises,
and non-government, civic, and people’s organizations, are encouraged to observe National Children’s
Month in simple rites and participate in the activities.
SECTION 5. Proclamation No. 74 (s. 1992) and Proclamation No. 267 (s. 1993) are hereby
repealed. Any other provision of law, decree, order, rule, or regulation inconsistent with this Act is
hereby repealed or modified accordingly.
SECTION 6. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in a newspaper of general circulation.
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Title of Law: An Act Providing Scholarship Grants to Top Graduates of All Public High
Schools in State Universities and Colleges and Appropriating Funds Therefor
Short Title: Iskolar ng Bayan Act of 2014
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations (IRR) of the
“Iskolar ng Bayan Act of 2014” (Republic Act No. 10648) (April 13, 2015)
AN ACT PROVIDING SCHOLARSHIP GRANTS TO TOP GRADUATES OF ALL PUBLIC HIGH SCHOOLS IN
STATE UNIVERSITIES AND COLLEGES AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as the “Iskolar ng Bayan Act of 2014”.
SECTION 2. Declaration of Policy. — It is the declared policy of the State to protect and promote
the right of all citizens to quality and accessible education at all levels and to establish and maintain a
financial assistance system that shall be available to deserving students, especially the underprivileged.
For this purpose, the government shall demonstrate access to higher education by
institutionalizing a college scholarship program to be named the “Iskolar ng Bayan Program” for top
graduates of public high schools in the country, subject to the academic standards, application and
admission policies and such other reasonable rules and regulations of state universities and colleges
(SUCs).
SECTION 3. Coverage. — The academic scholarships provided under the “Iskolar ng

Bayan Program”, hereinafter referred to as the Program, shall cover all public high school students
belonging to the top ten (10) of the graduating class, based on the guidelines and criteria set by the
Department of Education (DepEd), who will enroll in SUCs as freshmen: Provided, That they meet the
admission requirements of the SUCs where they intend to enroll in.
A public high school with more than five hundred (500) graduates shall be entitled to one (1)
additional scholarship slot in SUCs for every five hundred (500) graduates. The additional slots shall
be given to graduates whose ranks immediately follow the top ten (10) students and who will enroll in
SUCs after meeting the admission requirements for freshmen.
SECTION 4. Admission in SUCs. — Any public high school student who belongs to the top ten
(10) bracket of the graduating class shall be entitled to the scholarship grant provided under this Act in
any SUC of choice upon compliance with the following conditions:
(a) The student has graduated from any public high school in the country within two (2)
years prior to the academic year being applied for in the SUC;
(b) The student has complied with the application requirements of the SUC;
(c) The student’s rank is reported by the public high school principal or administrator
in a certificate bearing the name of the school and its location, the number of
students, the rank of the student applicant in the graduating class, and other
relevant information; and
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(d) After taking the entrance examination in the chosen SUC, the student has obtained a
rating which has been designated by the SUC as the minimum rating for a student
to be able to qualify for the scholarship program.
Provided: That for the next six (6) years in the implementation of this Act, beginning SY 2015-
2016, admission to their SUCs of choice within their region shall be automatic for the top ten (10)
graduating students of public high schools.
SECTION 5. Limitation in the Acceptance of Top Public High School Graduates by SUCs. — All
SUCs shall provide scholarships to qualified public high school graduates under this Act: Provided,
That the applicants have successfully passed the entrance examination and have complied with the
admission requirements of the SUCs.
The SUC, however, may limit the number of students to be admitted under this Act if the number
of applicants eligible and applying for admission exceeds by more than five percent (5%) the average
number of first-time freshmen admitted to the SUCs during the first two (2) academic years preceding
the entry of the applicant.
The Commission on Higher Education (CHED) and the concerned SUCs shall establish the
appropriate guidelines in the acceptance of top public high school graduates.
SECTION 6. Support to the Program. — The following government agencies/entities shall provide
support for the effective implementation of the Program:
I. Government Agencies — these government agencies shall implement the following mandates:
(a) CHED
(1) Conduct a review of the number of graduating public high school students in
each province to ensure that the SUCs therein have the capacity to absorb
the Iskolars ng Bayan;
(2) Together with the SUCs, develop a system, including the appointment of
advisers, which shall provide assistance and guidance to the scholars in
the determination of the appropriate course and the SUC which will best
suit their aspirations and strengths; and
(3) Ensure the SUCs’ compliance with the law.
(b) DepEd
(1) Disseminate information to all public high schools on the implementation of the
Program and the availability of scholarship slots;
(2) Conduct a census of the number of graduating public high school students in
each province for submission to the CHED;
(3) Identify the top ten (10) graduates in each public high school, as well as the
additional top graduates in case the public high school has more than five
hundred (500) graduates;
(4) Provide timely reminders about the Program to all public high schools towards
the second half of the school year in order to give the prospective top
graduates ample preparation time to apply for the Program; and
(5) Ensure compliance by all public high schools.
(c) SUCs
(1) Provide information to the faculty, administrative officials and staff, and parents
about the Program;
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(2) Provide the CHED of their capacity to absorb the students applying under the
Program;
(3) Provide a summer bridge program, should the scholar fail to meet the academic
admission requirements for his or her preferred course, in order to enable
the scholar to comply with the minimum academic requirements and/or
allow the scholar to enroll in another course; and
(4) Ensure that full assistance is granted to the scholars to enable them to avail
the program.
II. Local Government Units (LGUs) — LGUs are encouraged to create their own scholarship
program.
The Department of Labor and Employment (DOLE) is encouraged to submit an annual report
to the SUCs in their respective province or region containing projections on employment opportunities
and job openings.
III. Private Higher Education Institutions (PHEIs) — PHEIs are encouraged to create their own
version of the Program.
IV. Private Corporation — Private corporations are encouraged to support the Program under
their corporate social responsibility projects.
SECTION 7. Limitations of the Program. — The scholarship grant provided under this Act shall
be limited to the full amount of tuition and other school fees for the first year of college. Thereafter,
the student beneficiary shall be covered by the regular student financial assistance and scholarship
programs of the CHED, if qualified, subject to the guidelines that the CHED may provide.
SECTION 8. Reportorial Requirements of SUCs. — Each SUC shall report annually to the CHED on
or before a date set by the Commission. The report shall include the number of students admitted under
the Program, the courses they are enrolled in, their academic standing and other relevant information
that will help improve the Program. The CHED shall also provide Congress a copy of the report.
SECTION 9. Performance Monitoring and Impact Assessment. — The Program shall be evaluated
rigorously by the CHED in terms of its impact on desired results and its progress towards achieving
them shall be monitored regularly. The CHED shall clearly define those results and their target values.
Impact evaluation shall be measured against, among others.
(a) Education outcomes such as enrolment in all SUCs and number of graduates;
(b) Economic indicators such as income and employment; and
(c) Indicators for contributions to community service and public good.
Performance and progress shall, in addition, be measured with regard to: (a) number of students
covered by the program; (b) quality of SUCs enrolled in; and (c) economic status upon enrolment.
Tracer studies and survey data for experimental and quasi-experimental analyses shall be undertaken
to produce credible impact evaluation studies, as may be determined by the CHED: Provided, That the
Program is to be evaluated every five (5) years from the date of its implementation.
SECTION 10. Appropriations. — The amount necessary to carry out the provisions of this Act
shall be included in the budget of the CHED or the concerned SUCs in the annual General Appropriations
Act.
SECTION 11. Implementing Rules and Regulations. — The CHED and the DepEd, in consultation
with relevant stakeholders in higher education, shall issue within sixty (60) days after the effectivity of
this Act, the rules and regulations for the effective implementation of this Act.
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SECTION 12. Separability Clause. — If any part or provision of this Act shall be held unconstitutional
or invalid, other provisions thereof which are not affected thereby shall continue to be in full force and
effect.
SECTION 13. Repealing Clause. — All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are not consistent with this Act are hereby repealed, amended or
SECTION 14. Effectivity Clause. — This Act shall take effect fifteen (15) days from its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.
234
Title of Law: An Act Strengthening The Juvenile Justice System In The Philippines, Amend-
ing For The Purpose Republic Act No. 9344, Otherwise Known As The “Juvenile Justice And
Welfare Act Of 2006” And Appropriating Funds Therefor
Short Title: Juvenile Justice And Welfare Act Of 2006
Date of Passage: October 3, 2013

Amended by: N/A
Implementing Rules and Regulation: Revised Rules and Regulations Implementing Republic
Act No. 9344, as Amended by R.A. 10630 (JJWC Resolution No. 02-14) (August 11, 2014)
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE
ACT OF 2006” AND APPROPRIATING FUNDS THEREFOR
SECTION 1. The Title of Republic Act No. 9344 is hereby amended to read as follows: “An Act
Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice
and Welfare Council under the Department of Social Welfare and Development, Appropriating Funds
Therefor, and for Other Purposes.”
“SEC. 4. Definition of Terms. — The following terms as used in this Act shall be
defined as follows:
“xxx xxx xxx
“(s)’Bahay Pag-asa’ — refers to a 24-hour child-caring institution
established, funded and managed by local government units (LGUs) and licensed
and/or accredited nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are above fifteen (15) but
below eighteen (18) years of age who are awaiting court disposition of their cases
or transfer to other agencies or jurisdiction.
“Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention
and support center. This will cater to children in conflict with the law in accordance
with SECTIONs 20, 20-A and 20-B hereof.
“A multi-disciplinary team composed of a social worker, a psychologist/
mental health professional, a medical doctor, an educational/guidance counselor
and a Barangay Council for the Protection of Children (BCPC) member shall
operate the ‘Bahay Pag-asa’. The team will work on the individualized intervention
plan with the child and the child’s family.
“xxx xxx xxx.”
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“SEC. 6. Minimum Age of Criminal Responsibility. — A child fifteen (15) years of

age or under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to
SECTION 20 of this Act.
“A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.
“A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this Act.
“The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.” ISCHET
“SEC. 8. Juvenile Justice and Welfare Council (JJWC). — A Juvenile Justice

and Welfare Council (JJWC) is hereby created and attached to the Department of
Social Welfare and Development and placed under its administrative supervision. The
JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination
among the following agencies:
“(a) Department of Justice (DOJ);
“(b) Council for the Welfare of Children (CWC);
“(c) Department of Education (DepEd);
“(d) Department of the Interior and Local Government (DILG);
“(e) Public Attorney’s Office (PAO);
“(f) Bureau of Corrections (BUCOR);
“(g) Parole and Probation Administration (PPA);
“(h) National Bureau of Investigation (NBI);
“(i) Philippine National Police (PNP);
“(j) Bureau of Jail Management and Penology (BJMP);
“(k) Commission on Human Rights (CHR);
“(l) Technical Education and Skills Development Authority (TESDA);
“(m) National Youth Commission (NYC); and
“(n) Other institutions focused on juvenile justice and intervention
programs. CHDTIS
“The JJWC shall be composed of representatives, whose ranks shall not
be lower than director, to be designated by the concerned heads of the following
departments or agencies and shall receive emoluments as may be determined
by the Council in accordance with existing budget and accounting rules and
regulations:
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“(1) Department of Justice (DOJ);
“(2) Department of Social Welfare and Development (DSWD);
“(3) Council for the Welfare of Children (CWC);
“(4) Department of Education (DepEd);
“(5) Department of the Interior and Local Government (DILG);
“(6) Commission on Human Rights (CHR);
“(7) National Youth Commission (NYC);
“(8) Two (2) representatives from NGOs, to be designated by the
Secretary of Social Welfare and Development, to be selected based on the
criteria established by the Council;
“(9) Department of Health (DOH); and
“(10) One (1) representative each from the League of Provinces,
League of Cities, League of Municipalities and League of Barangays.
“There shall be a Regional Juvenile Justice and Welfare Committee
(RJJWC) in each region. The RJJWCs will be under the administration and
supervision of the JJWC. The RJJWC shall be chaired by the director of the
regional office of the DSWD. It shall ensure the effective implementation
of this Act at the regional and LGU levels and the coordination among its
member agencies.
“The RJJWC will be composed of permanent representatives
who shall have a rank not lower than an assistant regional director or its
equivalent to be designated by the concerned department heads from the
following agencies and shall receive emoluments as may be determined
by the Council in accordance with existing budget and accounting rules
and regulations:
“(i) Department of Justice (DOJ);
“(ii) Department of Social Welfare and Development (DSWD);
“(iii) Department of Education (DepEd);
“(iv) Department of the Interior and Local Government (DILG);
“(v) Commission on Human Rights (CHR);
“(vi) Department of Health (DOH);
“(vii) Two (2) representatives from NGOs operating within the
region selected by the RJJWC based on the criteria established
by the JJWC;
“(viii) One (1) sectoral representative from the children or youth
sector within the region; and
“(ix) One (1) representative from the League of Provinces/Cities/
Municipalities/Barangays of the Philippines.
“The JJWC shall convene within fifteen (15) days from the effectivity of this Act.
The Secretary of Social Welfare and Development shall determine the organizational
structure and staffing pattern of the JJWC national secretariat and the RJJWC secretariat.
237
“In the implementation of this Act, the JJWC shall consult with the various
leagues of local government officials.
“The JJWC shall coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy to ensure the realization of its mandate and the proper
discharge of its duties and functions, as herein provided.”
“SEC. 9. Duties and Functions of the JJWC. — The JJWC shall have the following
duties and functions:
“(a) To oversee the implementation of this Act;
“(b) To advise the President on all matters and policies relating to juvenile
justice and welfare;
“(c) To assist the concerned agencies in the review and redrafting of
existing policies/regulations or in the formulation of new ones in line with the
provisions of this Act;
“(d) To periodically develop a comprehensive 3 to 5-year national juvenile
intervention program, with the participation of government agencies concerned,
NGOs and youth organizations;
“(e) To coordinate the implementation of the juvenile intervention programs
and activities by national government agencies and other activities which may have
an important bearing on the success of the entire national juvenile intervention
program. All programs relating to juvenile justice and welfare shall be adopted in
consultation with the JJWC;
“(f) To consult with the various leagues of local government officials in the
formulation and recommendation of policies and strategies for the prevention of
juvenile delinquency and the promotion of juvenile justice and welfare;
“(g) To formulate and recommend policies and strategies in consultation
with children for the prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the children in conflict with
the law;
“(h) To collect relevant information and conduct continuing research and
support evaluations and studies on all matters relating to juvenile justice and
welfare, such as, but not limited to:
“(1) The performance and results achieved by juvenile intervention
programs and by activities of the local government units and other
government agencies;
“(2) The periodic trends, problems and causes of juvenile
delinquency and crimes; and
“(3) The particular needs of children in conflict with the law in
custody.
“The data gathered shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.
“The JJWC shall submit an annual report to Congress on the implementation
of the provisions of this Act.
“The JJWC shall set up a mechanism to ensure that children are involved
in research and policy development.
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“(i) Through duly designated persons and with the assistance of the
agencies provided in the preceding SECTION, to conduct regular inspections in
detention and rehabilitation facilities and to undertake spot inspections on their
own initiative in order to check compliance with the standards provided herein and
to make the necessary recommendations to appropriate agencies;
“(j) To initiate and coordinate the conduct of trainings for the personnel
of the agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program;
“(k) To submit an annual report to the President on the implementation of
this Act; and
“(l) To perform such other functions as may be necessary to implement the
provisions of this Act.”
“SEC. 9-A. Duties and Functions of the RJJWC. — The RJJWC shall have the
following duties and functions:
“(a) To oversee and ensure the effective implementation of this Act at the
regional level and at the level of the LGUs;
“(b) To assist the concerned agencies in the implementation and in
compliance with the JJWC’s adopted policies/regulations or provide substantial
inputs to the JJWC in the formulation of new ones in line with the provisions of
this Act;
“(c) To assist in the development of the comprehensive 3 to 5-year local
juvenile intervention program, with the participation of concerned LGUs, NGOs
and youth organizations within the region and monitor its implementation;
“(d) To coordinate the implementation of the juvenile intervention programs
and activities by national government agencies and other activities within the
region;
“(e) To oversee the programs and operation of the intensive juvenile
intervention and support center established within the region;
“(f) To collect relevant regional information and conduct continuing
research and support evaluations and studies on all matters relating to juvenile
justice and welfare within the region, such as, but not limited to:
“(1) Performance and results achieved by juvenile intervention
programs and by activities of the LGUs and other government agencies
within the region;
“(2) The periodic trends, problems and causes of juvenile
delinquency and crimes from the LGU level to the regional level; and
“(3) The particular needs of children in conflict with the law in
custody within their regional jurisdiction.
“The data gathered shall be forwarded by the RJJWC to the JJWC on an
annual basis and as may be deemed necessary by the JJWC.
“(g) Through duly designated persons and with the assistance of the
agencies provided in the preceding SECTION, to conduct regular inspections
in detention and rehabilitation facilities within the region and to undertake spot
inspections on their own initiative in order to check compliance with the standards
provided herein and to make the necessary reports and recommendations to
appropriate agencies and to the JJWC;
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“(h) To initiate and coordinate the conduct of trainings for the personnel
of the agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program within the region;
“(i) To submit an annual report to the JJWC on the implementation of this
Act; and
“(j) To perform such other functions as may be determined by the JJWC
to implement the provisions of this Act.”
“SEC. 20. Children Below the Age of Criminal Responsibility. — If it has been
determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child, in consultation with the local
social welfare and development officer, has the duty to immediately release the child to
the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest
relative. The child shall be subjected to a community-based intervention program
supervised by the local social welfare and development officer, unless the best interest
of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’
managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.
“The local social welfare and development officer shall determine the appropriate
programs for the child who has been released, in consultation with the child and the
person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any
of the following:
“(a) A duly registered nongovernmental or religious organization;
“(b) A barangay official or a member of the Barangay Council for the
Protection of Children (BCPC);
“(c)A local social welfare and development officer; or, when and where
appropriate, the DSWD.
“If the child has been found by the local social welfare and development officer
to be dependent, abandoned, neglected or abused by his/her parents and the best
interest of the child requires that he/she be placed in a youth care facility or ‘Bahay
Pag-asa’, the child’s parents or guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, That if the child has no parents or guardians
or if they refuse or fail to execute the written authorization for voluntary commitment,
the proper petition for involuntary commitment shall be immediately filed by the DSWD
or the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’
and the Supreme Court rule on commitment of children: Provided, further, That the
minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be
twelve (12) years old.”
“SEC. 20-A. Serious Crimes Committed by Children Who are Exempt from
Criminal Responsibility. — A child who is above twelve (12) years of age up to fifteen (15)
years of age and who commits parricide, murder, infanticide, kidnapping and serious
illegal detention where the victim is killed or raped, robbery with homicide or rape,
destructive arson, rape, or carnapping where the driver or occupant is killed or raped or
offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)
punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected
child under Presidential Decree No. 603, as amended, and shall be mandatorily placed
in a special facility within the youth care facility or ‘Bahay Pag-asa’ called the Intensive
Juvenile Intervention and Support Center (IJISC).
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“In accordance with existing laws, rules, procedures and guidelines, the proper
petition for involuntary commitment and placement under the IJISC shall be filed by
the local social welfare and development officer of the LGU where the offense was
committed, or by the DSWD social worker in the local social welfare and development
officer’s absence, within twenty-four (24) hours from the time of the receipt of a report
on the alleged commission of said child. The court, where the petition for involuntary
commitment has been filed shall decide on the petition within seventy-two (72) hours
from the time the said petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the IJISC which shall not
be less than one (1) year. The multi-disciplinary team of the IJISC will submit to the
court a case study and progress report, to include a psychiatric evaluation report and
recommend the reintegration of the child to his/her family or the extension of the
placement under the IJISC. The multi-disciplinary team will also submit a report to the
court on the services extended to the parents and family of the child and the compliance
of the parents in the intervention program. The court will decide whether the child has
successfully completed the center-based intervention program and is already prepared
to be reintegrated with his/her family or if there is a need for the continuation of the
center-based rehabilitation of the child. The court will determine the next period of
assessment or hearing on the commitment of the child.”
“SEC. 20-B. Repetition of Offenses. — A child who is above twelve (12) years of
age up to fifteen (15) years of age and who commits an offense for the second time
or oftener: Provided, That the child was previously subjected to a community-based
intervention program, shall be deemed a neglected child under Presidential Decree No.
603, as amended, and shall undergo an intensive intervention program supervised by
the local social welfare and development officer: Provided, further, That, if the best
interest of the child requires that he/she be placed in a youth care facility or ‘Bahay
Pag-asa’, the child’s parents or guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, finally, That if the child has no parents
or guardians or if they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall be immediately filed
by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended.”
“SEC. 20-C. Exploitation of Children for Commission of Crimes. — Any person

who, in the commission of a crime, makes use, takes advantage of, or profits from the
use of children, including any person who abuses his/her authority over the child or
who, with abuse of confidence, takes advantage of the vulnerabilities of the child and
shall induce, threaten or instigate the commission of the crime, shall be imposed the
penalty prescribed by law for the crime committed in its maximum period.”
“SEC. 20-D. Joint Parental Responsibility. — Based on the recommendation

of the multi-disciplinary team of the IJISC, the LSWDO or the DSWD, the court may
require the parents of a child in conflict with the law to undergo counseling or any
other intervention that, in the opinion of the court, would advance the welfare and best
interest of the child.
“As used in this Act, ‘parents’ shall mean any of the following:
“(a) Biological parents of the child; or
“(b) Adoptive parents of the child; or
“(c) Individuals who have custody of the child.
“A court exercising jurisdiction over a child in conflict with the law may require
the attendance of one or both parents of the child at the place where the proceedings
are to be conducted.
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“The parents shall be liable for damages unless they prove, to the satisfaction
of the court, that they were exercising reasonable supervision over the child at the time
the child committed the offense and exerted reasonable effort and utmost diligence to
prevent or discourage the child from committing another offense.”
“SEC. 20-E. Assistance to Victims of Offenses Committed by Children. — The

victim of the offense committed by a child and the victim’s family shall be provided the
appropriate assistance and psychological intervention by the LSWDO, the DSWD and
other concerned agencies.”
“SEC. 22. Duties During Initial Investigation. — The law enforcement officer shall,
in his/her investigation, determine where the case involving the child in conflict with the
law should be referred.
“The taking of the statement of the child shall be conducted in the presence of the
following: (1) child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office; (2) the child’s parents, guardian, or nearest relative, as the case may
be; and (3) the local social welfare and development officer. In the absence of the child’s
parents, guardian, or nearest relative, and the local social welfare and development
officer, the investigation shall be conducted in the presence of a representative of an
NGO, religious group, or member of the BCPC.
“The social worker shall conduct an initial assessment to determine the

appropriate interventions and whether the child acted with discernment, using the
discernment assessment tools developed by the DSWD. The initial assessment shall be
without prejudice to the preparation of a more comprehensive case study report. The
local social worker shall do either of the following:
“(a) Proceed in accordance with SECTION 20 if the child is fifteen (15)
years or below or above fifteen (15) but below eighteen (18) years old, who acted
without discernment; and
“(b) If the child is above fifteen (15) years old but below eighteen (18) and
who acted with discernment, proceed to diversion under the following chapter.”
“SEC. 33. Preliminary Investigation and Filing of Information. — The prosecutor

shall conduct a preliminary investigation in the following instances: (a) when the child in
conflict with the law does not qualify for diversion; (b) when the child, his/her parents or
guardian does not agree to diversion as specified in SECTIONs 27 and 28; and (c) when
considering the assessment and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in conflict with the law.
“Upon serving the subpoena and the affidavit of complaint, the prosecutor shall
notify the Public Attorney’s Office of such service, as well as the personal information,
and place of detention of the child in conflict with the law.
“Upon determination of probable cause by the prosecutor, the information

against the child shall be filed before the Family Court within forty-five (45) days from
the start of the preliminary investigation. The information must allege that the child
acted with discernment.”
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“SEC. 49. Establishment of ‘Bahay Pag-Asa’. — Each province and highly-
urbanized city (the LGUs) shall be responsible for building, funding and operating a
‘Bahay Pag-asa’ within their jurisdiction following the standards that will be set by the
DSWD and adopted by the JJWC.
“Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This Center
will be allocated for children in conflict with the law in accordance with SECTIONs 20,
20-A and 20-B hereof. These children will be required to undergo a more intensive
multi-disciplinary intervention program. The JJWC in partnership with, but not limited
to, the DSWD, the DOH, the DepEd and the DILG, will develop and set the standards
for the implementation of the multi-disciplinary intervention program of the IJISC. Upon
institutionalization of the IJISC program, the JJWC will continue to monitor and provide
technical assistance to the multi-disciplinary teams operating the said centers.”
“SEC. 50. Care and Maintenance of the Child in Conflict with the Law. — . . .
“The LGUs expected expenditures on the local juvenile intervention program

for children at risk and children in conflict with the law shall be included in the LGUs
annual budget. Highly-urbanized cities and provincial governments should include a
separate budget for the construction and maintenance of the ‘Bahay Pag-asa’ including
the operation of the IJISC within the ‘Bahay Pag-asa’.”
“SEC. 57. Status Offenses. — Any conduct not considered an offense or not
penalized if committed by an adult shall not be considered an offense and shall not be
punished if committed by a child.”
“SEC. 57-A. Violations of Local Ordinances. — Ordinances enacted by local

governments concerning juvenile status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as
light offenses and misdemeanors against public order or safety such as, but not limited
to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication,
criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and
trespassing, shall be for the protection of children. No penalty shall be imposed on
children for said violations, and they shall instead be brought to their residence or to
any barangay official at the barangay hall to be released to the custody of their parents.
Appropriate intervention programs shall be provided for in such ordinances. The child
shall also be recorded as a ‘child at risk’ and not as a ‘child in conflict with the law’. The
ordinance shall also provide for intervention programs, such as counseling, attendance
in group activities for children, and for the parents, attendance in parenting education
seminars.”
SECTION 12. Mandatory Registry of Children in Conflict with the Law. — All duty-bearers,
including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and
prosecutors who will receive report, handle or refer cases of children in conflict with the law, shall ensure
a faithful recordation of all pertinent information, such as age, residence, gender, crime committed or
accused of and the details of the intervention or diversion, as the case may be, under which they will
undergo or has undergone, of all children in conflict with the law to guarantee the correct application
of the provisions of this Act and other laws. The JJWC shall lead in the establishment of a centralized
information management system on children in conflict with the law. This provision is however without
prejudice to SECTION 43 of this Act.
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“SEC. 63. Appropriations. — The amount necessary to carry out the provisions of
this Act shall be charged against the current year’s appropriations of the JJWC under
the budget of the Department of Justice. Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the budget of the
DSWD under the annual General Appropriations Act: Provided, That the amount of Four
hundred million pesos (P400,000,000.00) shall be appropriated for the construction
of ‘Bahay Pag-asa’ rehabilitation centers in provinces or cities with high incidence of
children in conflict with the law to be determined and identified by the DSWD and the
JJWC on a priority basis: Provided, further, That the said amount shall be coursed through
the Department of Public Works and Highways (DPWH) for its proper implementation.
“The LGUs concerned shall make available, from its own resources or assets,
their counterpart share equivalent to the national government contribution of Five
million pesos (P5,000,000.00) per rehabilitation center.
“In addition, the Council may accept donations, grants and contributions from
various sources, in cash or in kind, for purposes relevant to its functions, subject to the
usual government accounting and auditing rules and regulations.”
SECTION 14. Implementing Rules and Regulations. — The JJWC shall promulgate the necessary
rules and regulations within sixty (60) days from the effectivity of this Act.
SECTION 15. Separability Clause. — If any provision of this Act is held unconstitutional, other
provisions not affected thereby shall remain valid and binding.
SECTION 16. Repealing Clause. — All laws, decrees, ordinances and rules inconsistent with the
provisions of this Act are hereby modified or repealed accordingly.
SECTION 17. Effectivity Clause. — This Act shall take effect fifteen (15) days after the completion
of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
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Title of Law: An Act Requiring All Elementary And Secondary Schools To Adopt Policies To
Prevent And Address The Acts Of Bullying In Their Institutions
Short Title: Anti-Bullying Act of 2013

Date of Passage: September 12, 2013
Amended by: N/A

Implementing Rules and Regulation: Implementing Rules and Regulations of The Anti-Bully-
ing Act of 2013 (Republic Act No. 10627) (December 13, 2013)
AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO

PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS
SECTION 1. Short Title. — This Act shall be known as the “Anti-Bullying Act of 2013”.
SECTION 2. Acts of Bullying. — For purposes of this Act, “bullying” shall refer to any severe or
repeated use by one or more students of a written, verbal or electronic expression, or a physical act or
gesture, or any combination thereof, directed at another student that has the effect of actually causing
or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating
a hostile environment at school for the other student; infringing on the rights of the other student at
school; or materially and substantially disrupting the education process or the orderly operation of a
school; such as, but not limited to, the following:
(a) Any unwanted physical contact between the bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting
and the use of available objects as weapons;
(b) Any act that causes damage to a victim’s psyche and/or emotional well-being;
(c) Any slanderous statement or accusation that causes the victim undue emotional distress
like directing foul language or profanity at the target, name-calling, tormenting and
commenting negatively on victim’s looks, clothes and body; and
(d) Cyber-bullying or any bullying done through the use of technology or any electronic means.
SECTION 3. Adoption of Anti-Bullying Policies. — All elementary and secondary schools are
hereby directed to adopt policies to address the existence of bullying in their respective institutions.
Such policies shall be regularly updated and, at a minimum, shall include provisions which:
(a) Prohibit the following acts:
(1) Bullying on school grounds; property immediately adjacent to school grounds; at

school-sponsored or school-related activities, functions or programs whether
on or off school grounds; at school bus stops; on school buses or other vehicles
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owned, leased or used by a school; or through the use of technology or an
electronic device owned, leased or used by a school;
(2) Bullying at a location, activity, function or program that is not school-related and
through the use of technology or an electronic device that is not owned, leased
or used by a school if the act or acts in question create a hostile environment at
school for the victim, infringe on the rights of the victim at school, or materially
and substantially disrupt the education process or the orderly operation of a
school; and
(3) Retaliation against a person who reports bullying, who provides information during
an investigation of bullying, or who is a witness to or has reliable information
about bullying;
(b) Identify the range of disciplinary administrative actions that may be taken against a
perpetrator for bullying or retaliation which shall be commensurate with the nature and
gravity of the offense: Provided, That, in addition to the disciplinary sanctions imposed
upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo
a rehabilitation program which shall be administered by the institution concerned. The
parents of the said perpetrator shall be encouraged by the said institution to join the
rehabilitation program;
(c) Establish clear procedures and strategies for:
(1) Reporting acts of bullying or retaliation;
(2) Responding promptly to and investigating reports of bullying or retaliation;
(3) Restoring a sense of safety for a victim and assessing the student’s need for
protection;
(4) Protecting from bullying or retaliation of a person who reports acts of bullying,
provides information during an investigation of bullying, or is witness to or has
reliable information about an act of bullying; and
(5) Providing counseling or referral to appropriate services for perpetrators, victims and
appropriate family members of said students;
(d) Enable students to anonymously report bullying or retaliation: Provided, however, That no
disciplinary administrative action shall be taken against a perpetrator solely on the basis
of an anonymous report;
(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary
administrative action;
(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well
as the mechanisms of such school for the anonymous reporting of acts of bullying or
retaliation;
(g) Educate parents and guardians about the dynamics of bullying, the anti-bullying policies
of the school and how parents and guardians can provide support and reinforce such
policies at home; and
(h) Maintain a public record of relevant information and statistics on acts of bullying or retaliation in
school: Provided, That the names of students who committed acts of bullying or retaliation
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shall be strictly confidential and only made available to the school administration,
teachers directly responsible for the said students and parents or guardians of students
who are or have been victims of acts of bullying or retaliation. HETDAC
All elementary and secondary schools shall provide students and their parents or guardians a
copy of the anti-bullying policies being adopted by the school. Such policies shall likewise be included
in the school’s student and/or employee handbook and shall be conspicuously posted on the school
walls and website, if there is any.
The Department of Education (DepEd) shall include in its training programs, courses or activities
which shall provide opportunities for school administrators, teachers and other employees to develop
their knowledge and skills in preventing or responding to any bullying act.
SECTION 4. Mechanisms to Address Bullying. — The school principal or any person who holds
a comparable role shall be responsible for the implementation and oversight of policies intended to
address bullying.
Any member of the school administration, student, parent or volunteer shall immediately report
any instance of bullying or act of retaliation witnessed, or that has come to one’s attention, to the
school principal or school officer or person so designated by the principal to handle such issues, or
both. Upon receipt of such a report, the school principal or the designated school officer or person shall
promptly investigate. If it is determined that bullying or retaliation has occurred, the school principal or
the designated school officer or person shall:
(a) Notify the law enforcement agency if the school principal or designee believes that criminal
charges under the Revised Penal Code may be pursued against the perpetrator;
(b) Take appropriate disciplinary administrative action;
(c) Notify the parents or guardians of the perpetrator; and
(d) Notify the parents or guardians of the victim regarding the action taken to prevent any
further acts of bullying or retaliation.
If an incident of bullying or retaliation involves students from more than one school, the school
first informed of the bullying or retaliation shall promptly notify the appropriate administrator of the
other school so that both may take appropriate action.
SECTION 5. Reporting Requirement. — All schools shall inform their respective schools division
superintendents in writing about the anti-bullying policies formulated within six (6) months from the
effectivity of this Act. Such notification shall likewise be an administrative requirement prior to the
operation of new schools.
Beginning with the school year after the effectivity of this Act, and every first week of the
start of the school year thereafter, schools shall submit a report to their respective schools division
superintendents all relevant information and statistics on acts of bullying or retaliation. The schools
division superintendents shall compile these data and report the same to the Secretary of the DepEd
who shall likewise formally transmit a comprehensive report to the Committee on Basic Education of
both the House of Representatives and the Senate.
SECTION 6. Sanction for Noncompliance. — In the rules and regulations to be implemented

pursuant to this Act, the Secretary of the DepEd shall prescribe the appropriate administrative sanctions
on school administrators who shall fail to comply with the requirements under this Act. In addition
thereto, erring private schools shall likewise suffer the penalty of suspension of their permits to operate.
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of this 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
least two (2) national newspapers of general circulation.
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Title of Law: An Act Providing For Toy And Game Safety Labeling, Appropriating Funds
Therefor
Short Title: Toy and Game Safety Labeling Act of 2013

Amended by: N/A

No. 10620 (January 20, 2019)
AN ACT PROVIDING FOR TOY AND GAME SAFETY LABELING, APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as the “Toy and Game Safety Labeling Act of
2013”.
SECTION 2. Declaration of Policy. — The State recognizes that children, by reason of their
physical and mental immaturity, need special safeguard and care. The State acknowledges its obligation
to secure the right of children to proper care and special protection from all forms of neglect and other
conditions prejudicial to their development. Towards this end, the State shall ensure the protection of
children against potential hazards to their health and safety by requiring special labeling of toys and
games. To guarantee the rights of children to protection and safety, the State shall provide a means of
redress for violation of said rights.
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms shall be defined
as follows:
(a) Hazardous substance refers to any substance or mixture of substances which is toxic,
corrosive, irritant, a strong sensitizer, flammable or combustible, or generates
pressure through decomposition, heat or other means, if such substance or mixture
of substances causes any substantial injury or illness during or as a proximate
result of any customary or reasonably foreseeable ingestion by children.
(b) Label or labeling refers to the display of written, printed or graphic matter on any
consumer product, its immediate container, tag, literature or other suitable material
affixed thereto for the purpose of giving information as to identify components,
ingredients, attributes, directions for use, specifications and such other information
as may be required by law or regulations.
(c) Package or packaging refers to any container or wrapping in which any consumer
product is enclosed for use in the delivery or display of that consumer product to
retail purchasers.
(d) Principal display panel refers to the part of the label that is most likely to be displayed,
presented, shown or examined under normal and customary conditions of display
for retail or sale.
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SECTION 4. Labeling Requirements for Toys and Games. — All toys and games locally or
internationally manufactured that are imported, donated, distributed and sold in the Philippines
shall comply with the appropriate provisions on safety labeling and manufacturer’s markings found
in the Philippine National Standards (PNS) for the safety of toys: Provided, That this shall not apply
to toys and games which are not intended for children including, but not limited to, memorabilia
or collectibles: Provided, further, That the Department of Trade and Industry (DTI) shall cause the
effective dissemination of the PNS in both the traditional form of mass media and the internet to guide
manufacturers, retailers, distributors and various sellers.
SECTION 5. General Labeling Requirements. — Except as provided in SECTIONs 6 and 7 hereof,

any cautionary statement shall be displayed in its entirety on the principal display panel of the product’s
package and on any descriptive material which accompanies the product. In the case of bulk sales of
such product when unpacked, the cautionary statement shall be displayed on the bin or container
used for the retail display of the product, and any vending machine from which the unpacked product
is dispensed and displayed, in English or Filipino or both written in common language, in conspicuous
and legible type in contrast by typography, layout, or color with other printed matter on such package,
descriptive materials, bin, container and vending machine, and in the manner consistent with the
provisions of Republic Act No. 7394, otherwise known as the “Consumer Act of the Philippines”.
SECTION 6. Exception. — Products manufactured and packaged outside the country and directly
shipped from the manufacturer to the consumer by mail or other delivery service which do not bear the
required statement provided under SECTION 5 hereof shall be admitted if other accompanying material
shipped with the product bears such statement.
SECTION 7. Special Rules for Certain Packages. — A cautionary statement required by SECTION
4 hereof or in lieu of display on the principal display panel of the product’s package, shall be displayed
on another panel of the package if the package has a principal display panel of fifteen (15) square
inches or less, and the required statement is displayed in English or Filipino or both written in common
language, and the statement is displayed on the principal display panel and is accompanied by an
arrow or other indicator pointing towards the place on the package where the statement required in
SECTION 5 hereof appears.
SECTION 8. Treatment on Misbranded or Banned Hazardous Substance. — A balloon, ball,

marble, or toy or game which packaging is not in compliance with the requirements of this Act shall be
considered a misbranded or banned hazardous substance. It shall be withdrawn from the market at the
expense of the manufacturer or importer and shall not be allowed to be distributed, sold or offered for
sale in the Philippines unless and until the requirements of this Act are complied without prejudice to
any liability and penalty that may be incurred under SECTION 10 hereof.
SECTION 9. Report to the Department of Health (DOH). — A manufacturer, distributor, retailer

and importer of a marble, small ball or latex balloon, or a toy or game that contains a marble, small
ball or latex balloon, or other small parts, shall report to the DOH any information obtained by such
manufacturer, distributor, retailer or importer which reasonably supports the conclusion that an incident
occurred in which a child regardless of age choked with such marble, small ball, or latex balloon, or on a
marble, small ball, latex balloon, or other small parts contained in such toy or game, and that as a result
of that incident the child died, suffered serious injury, ceased breathing for any length of time, or was
treated by a medical professional.
SECTION 10. Penalties. — Any person who shall violate any provision of this Act shall be subject
to a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) or imprisonment of not less than three (3) months but not more than two (2) years, or
both, at the discretion of the court.
SECTION 11. Disposal of Seized Materials. — Any toys and games found to be in violation of
the provisions of this Act shall be confiscated and forfeited in favor of the government and shall be
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disposed in accordance with pertinent laws and regulations: Provided, That a sufficient representative
sample shall be retained for evidentiary purposes. The retained representative sample shall remain
in custodia legis until the final resolution of proceedings thereon. Equipment and materials imported in
violation of this Act shall be subject to seizure and immediate disposal by the Bureau of Customs.
If the offense is committed by a corporation, trust, firm, partnership or association or other

entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm,
partnership or association or entity.
SECTION 12. Rules and Regulations. — The DTI, in consultation with the DOH, shall promulgate
the rules and regulations for the implementation of this Act. The DTI shall regularly publish every six (6)
months, the list of all manufacturers, importers, distributors and retailers who failed to comply with the
requirements of this Act. Likewise, the DOH shall publish every six (6) months, the list of all misbranded
or banned hazardous substances the sale, offer for sale and distribution of which shall not be allowed
under this Act.
SECTION 13. Funding. — The DTI and the DOH shall include in their respective annual budget the
amount necessary for the effective implementation of this Act.
SECTION 14. Grace Period. — Manufacturers, retailers, distributors and importers are given one
(1) year grace period to comply with these requirements from the effectivity of this Act.
the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified or amended accordingly.
SECTION 17. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.
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Title of Law: An Act Establishing Rural Farm Schools As Alternative Delivery Mode of
Secondary Education And Appropriating Funds Therefor
Short Title: Rural Farm Schools Act

Amended by: N/A

No. 10618 (Rural Farm Schools Act), DepEd Order No. 036-15 (August 12, 2015)
AN ACT ESTABLISHING RURAL FARM SCHOOLS AS ALTERNATIVE DELIVERY MODE OF SECONDARY

EDUCATION AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as the “Rural Farm Schools Act.”
SECTION 2. Declaration of Policy. — It is hereby declared to be the policy of the State to protect
and promote the right of all citizens to quality education at all levels and take appropriate steps to
make such education accessible to all. Further to this, the State shall establish, maintain and support
a complete, adequate and integrated system of education relevant to the needs of the people and
society and encourage nonformal, informal and indigenous learning systems, as well as self-learning,
independent and out-of-school study programs particularly those that respond to community needs.
The State shall likewise promote sustainable agricultural productivity and rural development by
empowering the human capital in the countryside through access to avenues of learning suited to the
needs and realities of the rural agricultural communities.
In furtherance of the principles of social justice and social equity, the State shall provide the
necessary support to the beneficiaries of the Comprehensive Agrarian Reform Program (CARP)
including, but not limited to, the provision of access to a broad range of educational opportunities to
their children.
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms shall be defined
as follows:
(a) Alternative delivery mode refers to the nontraditional education program recognized
by the Department of Education (DepEd) which applies a flexible learning
philosophy and a curricular delivery program that includes nonformal and informal
sources of knowledge and skills. An alternative delivery mode may include the use
of facilitator-aided and interactive self-instructional print and audio-based learning
materials, video tapes, face-to-face structured learning groups, semi-structured
and unstructured discussions, one-on-one tutorials, study groups and self-learning
groups, demonstration sessions, home visits, mentoring and remediation.
(b) Rural farm school refers to a parallel learning system and an alternative delivery
mode of secondary education. It provides for facilitative and experiential learning
on the core subjects of the secondary education curriculum with focus on agri-
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fisheries, designed to address the needs of children in rural, agricultural or fishing
communities.
(c) Public rural farm school refers to a rural farm school operated by the government or
any of its political subdivisions.
(d) Private rural farm school refers to a rural farm school operated by a private entity, a
nongovernment organization or a farm association. This is a school which is not
funded by the government or any of its political subdivisions.
(e) Tutors refer to facilitators or instructors who comprise the teaching staff of the rural
farm school. They are specialists in their own fields of endeavor and who facilitate
the educative process.
(f) CARP beneficiaries refer to farmers or their kin who had received Certificates of Land
Ownership Award (CLOA) or Emancipation Patents under Republic Act No. 6657,
as amended, otherwise known as the “Comprehensive Agrarian Reform Law of
1988”.
(g) Agrarian reform community refers to a barangay or cluster of barangays where a
critical mass of agrarian reform beneficiaries is situated.
(h) Farm Entrepreneurship refers to the intermingling of finance, business and agriculture
in setting into operation or motion a business venture involved in the production
of agricultural commodities or enterprises.
SECTION 4. Establishment of Rural Farm Schools. — Rural farm schools are hereby established
to provide an alternative delivery mode of secondary education. The public rural farm schools shall
be free from tuition and other school fees, except those fees which may be allowed by the DepEd.
Private rural farm schools shall set a minimal tuition and other fees subject to the approval of the
DepEd: Provided, That the relatives of CARP beneficiaries up to the third degree of consanguinity in the
descending line shall be exempt from payment of the fees.
The DepEd shall institutionalize high standards of quality assurance in rural farm schools. These
standards shall involve prescribing guidelines and policies on the operation and management of rural
farm schools as well as basic curricular content to ensure the credibility and academic integrity of rural
farm schools.
Within one (1) year upon the formulation of the implementing rules and regulations of this
Act, the DepEd shall encourage the establishment of at least one (1) public rural farm school in every
province in the country.
SECTION 5. Implementing Agency. — The DepEd, through the Bureau of Secondary Education,
shall regulate the organization and operation of the rural farm schools and the implementation of its
curriculum as prescribed herein.
SECTION 6. Curriculum and Teaching Methodology. — The curriculum of the rural farm school
shall follow the core secondary education curriculum of the DepEd with add-on courses focused on
Agri-Fishery Arts.
The last two (2) academic years in the rural farm school educational system shall focus on
integrative learning across all subject disciplines in the curriculum with emphasis on farm entrepreneurship
theory and practice and its promotion as a tool in cultivating local entrepreneurs, revitalizing rural
economics and repopulating rural communities.
The rural farm schools shall apply a flexible learning philosophy which may include an alternative
delivery mode as recognized by the DepEd.
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SECTION 7. Eligible Students. — Graduates of elementary school education, regardless of age,
shall be eligible to enroll in the rural farm schools for their secondary education.
Relatives of CARP beneficiaries up to the third degree of consanguinity in the descending

line shall be given priority in admission when the rural farm school cannot accommodate all of those
applying for enrollment.
SECTION 8. The School Head. — Every rural farm school shall have a school head to oversee
its operations and management. The school head shall be tasked to facilitate the tutors’ participation
in professional development activities including technical skills training and extension services by the
DepEd, the Department of Agriculture (DA) and the Department of Agrarian Reform (DAR). The school
head shall also ensure that the curricular program is properly implemented and sufficient and adequate
educational resources are available and accessible to the students.
SECTION 9. The Tutors. — The tutors of the rural farm school shall be specialists in their fields
of endeavor. They shall act as teachers, guidance counselors, rural developers, livelihood project
proponents, marketing specialists and/or project consultants. They shall establish a working partnership
with the parents by conducting parent-tutor dialogues and parent workshops.
SECTION 10. Salary of Rural Farm School Personnel. — Public rural farm school personnel shall
receive a monthly basic salary based on the compensation prescribed under the Salary Standardization
Law, as amended, in addition to other benefits prescribed by law.
In the case of private rural farm school personnel, they shall receive the salary and other benefits
prescribed under the Labor Code of the Philippines.
SECTION 11. Skills Training and Extension Support. — The DepEd, the DAR, the DA, the Technical
Education and Skills Development Authority (TESDA) and the Agricultural Training Institute (ATI) shall
provide continuous technical skills training and provision of extension materials including, but not
limited to, books, student workbooks, teaching session guides and other materials or equipment on
the subjects offered, and other extension services to the tutors of rural farm schools.
SECTION 12. Accreditation of Rural Farm Schools. — The DepEd shall set the requirements for
accreditation of rural farm schools and accredit those that shall meet the prescribed requirements.
Rural farm schools may not operate unless accredited by the DepEd.
The DepEd may withdraw or downgrade the accreditation of a rural farm school if it fails to
maintain the standards set for its accreditation.
All accredited private rural farm schools, their mentors or facilitators and students shall be
eligible for subsidies under Republic Act No. 6728, as amended by Republic Act No. 8545, or the
“Expanded Government Assistance to Students and Teachers in Private Education Act”.
SECTION 13. School Monitoring and Evaluation. — The DepEd shall conduct regular monitoring
and evaluation to determine continuing compliance with the requirements on accreditation status of
the rural farm schools and to determine whether or not the rural farm schools adhere to the standards
of quality assurance prescribed by the DepEd.
SECTION 14. Tax Exemption. — Any donation, contribution, bequest or grant which may be
made to a rural farm school duly accredited under SECTION 12 of this Act shall be exempt from the
donor’s tax and the same shall be considered as allowable deduction from the gross income in the
computation of the income tax of the donor in accordance with the provisions of the National Internal
Revenue Code (NIRC) of 1997, as amended: Provided, That the rural farm school has likewise been
accredited by the Philippine Council for NGO Certification (PCNC).
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SECTION 15. Appropriations. — The Secretary of Education shall immediately include in the
Department’s program the operationalization of the public rural farm schools, the funding of which shall
be included in the annual General Appropriations Act.
SECTION 16. Implementing Rules and Regulations. — Within ninety (90) days after the effectivity
of this Act, the DepEd, in consultation with the DA, the DAR, the TESDA and the ATI, shall formulate the
rules and regulations needed for the effective implementation of this Act.
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SECTION 18. Repealing Clause. — All laws or parts thereof, decrees, orders, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
in the Official Gazette.
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Republic Act No: Republic Act No. 10612
Title of Law: An Act Expanding the Coverage of the Science & Technology (S&T) Scholarship
Program and Strengthening the Teaching of Science & Mathematics in Secondary Schools and
for other Purposes.
Short Title: Fast-Tracked S&T Scholarship Act of 2013

Amended by: N/A

No. 10612, Otherwise Known As The “Fast-Tracked S&T Scholarship Act Of 2013” (August 4,
2014)
AN ACT EXPANDING THE COVERAGE OF THE SCIENCE AND TECHNOLOGY (S&T) SCHOLARSHIP
PROGRAM AND STRENGTHENING THE TEACHING OF SCIENCE AND MATHEMATICS IN SECONDARY
SCHOOLS AND FOR OTHER PURPOSES
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Fast-Tracked S&T Scholarship Act of
2013”.
SECTION 2. Declaration of Policy. — Science, technology and engineering are essential for
national development and progress. The State shall give priority to research and development, invention,
innovation and their utilization. Priority shall also be given to science and technology education, training
and services.
In line with the above, it is hereby declared the policy of the State to promote the development
of the country’s science and technology manpower in line with economic development and to provide
the capability required in the areas of research, development, innovation as well as their utilization.
As such, it is important that the State provide for quality science and mathematics teachers at the
secondary level, which would encourage more students to pursue careers in science and technology.
Therefore, the State shall provide for scholarships to deserving science students and other
specially-gifted citizens to enable them to pursue higher education or training in the areas of science,
technology and engineering, and to provide incentives for them to become secondary school teachers,
especially in their home regions.
SECTION 3. General Objectives. — To carry out the measure, this Act shall strengthen the
country’s science and technology education by fast tracking graduates in the sciences, mathematics,
and engineering who shall teach science and mathematics subjects in secondary schools throughout
the country. Towards this end, scholarships shall be provided to finance the education of talented
and deserving students in their third year of college, and pursuing a degree or training in the areas
of science and technology, and to provide incentives for them to pursue a career in teaching in high
schools, especially in their home regions.
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CHAPTER II
Undergraduate Scholarship Criteria
SECTION 4. Scholarship Program. — This Act builds on the current Science and Technology
Scholarships offered by the Department of Science and Technology (DOST), through its Science
Education Institute (SEI), as provided for in Republic Act No. 7687, otherwise known as the “Science
and Technology Scholarship Act of 1994.” It envisions a fast tracking of more science, technology,
and engineering graduates by offering scholarships to deserving students in these courses in their
third year of undergraduate study, based on their competitiveness and merit. It also offers additional
incentives to attract the graduates of this scholarship program into teaching science, mathematics and
technology courses in a public or private high school.
SECTION 5. Eligibility. — The following are qualifications for the scholarship with teaching
incentive. Applicants must:
(a) Be a Filipino citizen;
(b) Be a regular third-year college student at the time of award;
(c) Be currently enrolled in any of the state universities or colleges, or in private universities,
especially in Commission on Higher Education (CHED)-compliant programs, under
any of the identified priority S&T courses;
(d) Have a general weighted average (GWA) of eighty-three percent (83%) or better
during their first and second year of college; and
(e) Qualify in the Junior-Level Science Scholarship Examination.
SECTION 6. Award Amounts. — Recipients are entitled to an annual award for full-time study
equal to the complete financial assistance package offered under Republic Act No. 7687, for students
attending an approved undergraduate program at quality schools, such as CHED-compliant programs
and DOST Network Institutions, public or private, with minimum slots awarded in private schools to
offset differences in tuition costs.
SECTION 7. Duration. — Recipients shall be entitled to an award for the last two (2) years of
undergraduate study, or the last three (3) years for those enrolled in five (5)-year courses such as
engineering, while matriculating in an approved program.
SECTION 8. Approved Courses and Priority Programs. — Recipients shall pursue degrees in
science, technology and engineering, as identified and approved by the DOST as priority S&T courses.
Applicants who are currently enrolled under such courses under the CHED-compliant programs will be
given priority. cHDAIS
SECTION 9. Terms and Conditions. — Applicants for the scholarships must execute a service
contract in which they:
(a) Agree to teach as their return of service (ROS);
(b) Agree to any of the approved ROS conditions; and
(c) Agree to repay the amounts disbursed plus interest pursuant to the terms of their
service contract.
Failure to comply with the terms of the service contract will result in the full repayment (plus
penalties, if applicable) of all award monies received within a specified time limit.
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CHAPTER III
Return of Service Conditions and Incentives
SECTION 10. Return of Service Conditions. — Award recipients must teach full-time high school
subject(s) in Mathematics, Biology, Chemistry, or Physics; or Information Technology or Agricultural,
Aquaculture or Fisheries Technology, both in the university and technical-vocational tracks in the
secondary education curriculum, for a minimum of two (2) years, in a public or private high school.
SECTION 11. Incentives Schemes. — The following are incentives granted to qualified graduates
who shall be hired to teach at a public or private high school for a minimum of two (2) years. They shall
be entitled to:
(a) A starting salary grade equivalent to that of a Special Science Teacher I in the
Philippine Science High School System;
(b) Priority for job placement in any high school, public or private, of his/her choice
within the country, with first priority in his/her home province;
(c) A one-time relocation allowance should he/she be assigned in a place other than the
permanent residence;
(d) Scholarships in identified teacher education institutes for Science Education courses;
and
(e) Pass the Licensure Examination for Teachers (LET) within five (5) years of hiring.
Recipients of the four (4)- or five (5)-year S&T Undergraduate Scholarship of DOST-SEI
under Republic Act No. 7687 may also opt to teach full-time the courses identified in SECTION 10 of this
Act, for a minimum of two (2) years in a public or private high school in their home region.
SECTION 12. Teacher Training. — The Philippine Normal University (PNU), being the National
Center for Teacher Education per Republic Act No. 9647, otherwise known as the “Philippine Normal
University Modernization Act of 2009”, and its network of universities in teacher education like the
National Network of Normal Schools (3NS), as well as CHED-compliant programs in teacher education
and centers for teacher training recognized by the CHED and the DepEd, are hereby tasked to provide
training for hired teachers under this program. For this purpose, one thousand (1,000) scholarships are
made available every year to these hired teachers to be sourced from the DepEd, to be coordinated
with their implementation of the teacher education and training provision of Republic Act No. 10533,
otherwise known as the “Enhanced Basic Education Act of 2013”.
CHAPTER IV
Options for Other Science, Technology, Engineering and Mathematics Graduates
SECTION 13. Eligibility of Science, Technology, Engineering and Mathematics (STEM) Graduates. —
Other STEM graduates and professionals, who are not recipients of the scholarship program provided
for in this Act, may also apply to teach science, mathematics or technology subjects in a public or
private high school. Applicants must:
(a) Be a Filipino citizen;
(b) Have graduated with a science, technology, engineering or mathematics degree,
with a GWA of eighty-three percent (83%) or better from a reputable university,
(c) Be at least forty (40) years of age at the time of application; and
(d) Not have a service obligation under another program in conflict with DOST-SEI
obligations.
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Qualified graduates and professionals shall also be entitled to teacher training programs in
any teacher education institution, as specified in SECTION 12 of this Act, to prepare them into full-time
teaching in a public or private high school in their home region.
CHAPTER V
Implementing Agencies
SECTION 14. Science Education Institute (SEI). — The DOST-SEI shall be the main implementing
agency of the provisions in this Act. The SEI shall be responsible for evaluation, award-giving and
monitoring of scholarship grants and awardees. The Institute is also tasked with coordinating with other
relevant agencies in the fulfillment of the goals of this Act.
SECTION 15. Department of Education (DepEd). — The DepEd is hereby tasked to ensure
job placement and hiring of qualified graduates under this program as secondary school teachers in
science, mathematics and related technology courses, and to ensure that these teachers are hired at
Special Science Teacher salary grade levels, as specified in this Act. The Department is also tasked with
the evaluation and monitoring of hired teachers under this program.
CHAPTER VI
Miscellaneous Provisions
SECTION 16. Review and Monitoring. — The DepEd, the CHED and the DOST shall report to the
President and Congress after the first three (3) years, and annually thereafter, on the implementation
of the provisions of this Act and submit recommendations for its improvement.
The Departments are also tasked to monitor the hiring in high schools of scholars under this
program, and to undertake such tracer studies and include these in the annual reports.
SECTION 17. Implementing Rules and Regulations. — Within sixty (60) days from the approval of
this Act, the DOST and the DepEd shall promulgate the rules and regulations to effectively implement
the provisions of this Act.
SECTION 18. Appropriations. — The amount necessary to carry out the implementation of this
Act, as specified in Chapter II, shall be charged against the current year’s appropriations of the SEI
under the DOST. Thereafter, such sums as may be necessary to augment the Science and Technology
Scholarship Fund, as provided for in Republic Act No. 7687, shall be included in the annual General
Appropriations Act.
In addition, the SEI is authorized to accept grants, contributions and/or donations from domestic
and foreign sources for scholarship grants.
the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
SECTION 20. Repealing Clause. — All laws, decrees, executive orders, proclamations and
administrative regulations or parts thereof inconsistent herewith are hereby repealed or modified
accordingly.
in the Official Gazette and in at least two (2) national newspapers of general circulation.
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Title of Law: An Act Institutionalizing The Conduct Of The Palarong Pambansa And Appropri-
ating Funds Therefor
Short Title: Palarong Pambansa Act of 2013


Amended by: N/A
No. 10588 or the Palarong Pambansa Act of 2013 (June 22,2016)
AN ACT INSTITUTIONALIZING THE CONDUCT OF THE PALARONG PAMBANSA AND APPROPRIATING

FUNDS THEREFOR
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Palarong Pambansa Act of 2013”.
SECTION 2. Declaration of Policy. — It is the policy of the State to promote physical education
and encourage sports programs, league competitions and amateur sports, including training for
international competitions, to foster self-discipline, teamwork and excellence for the development of a
healthy and alert citizenry through the institutionalization of the Palarong Pambansa as the country’s
premier national sporting event.
Hence, it shall be a declared policy of the State to support programs that will improve and
promote the Palarong Pambansa as the primary avenue for providing in-school sports opportunities
to improve the physical, intellectual and social well-being of the youth. All educational institutions are
therefore directed to promote physical education and undertake regular sports activities as well as
support the local meets and the Palarong Pambansa.
SECTION 3. Objectives. — The objectives of this Act are the following:
(a) To institutionalize the Palarong Pambansa as the premier national sporting event of the
country under the Department of Education (DepEd) as a venue for talent identification,
selection and recruitment of student athletes;
(b) To improve the DepEd’s national school sports program and give more prestige to the
annual sports event by encouraging better participation of schools through incentives
and rewards; and
(c) To encourage the local government units (LGUs) to take a proactive role in the promotion
of the Palarong Pambansa locally and nationally by providing incentives and rewards.
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ARTICLE II
Administration and Management of the Palarong Pambansa
SECTION 4. Palarong Pambansa Board. — A Palarong Pambansa Board, hereinafter referred to

as the “Board”, is hereby created as the lead policy-making and coordinating body for the preparation
and conduct of the Palarong Pambansa. The Board shall be attached to the DepEd and shall be the
proprietary owner of the phrase “Palarong Pambansa” and its related symbols, logos and concept.
The members of the Board shall be entitled to reimbursement of actual traveling and other
expenses incurred in the performance of their official duties as members of the Board, subject to
pertinent laws, rules and regulations.
SECTION 5. Membership of the Board. — The Board shall have ten (10) members composed of
the following:
(a) Secretary of the Department of Education (DepEd) — Chairperson;
(b) Four (4) Undersecretaries of the DepEd;
(c) Three (3) Assistant Secretaries of the DepEd;
(d) Chairman of the Philippine Sports Commission (PSC); and
(e) Secretary of the Department of the Interior and Local Government (DILG).
SECTION 6. Functions and Duties of the Board. — The Board shall perform the following
functions and duties:
(a) To formulate policies and guidelines that shall govern the conduct of the Palarong Pambansa
and other related school-based sports activities leading to the Palarong Pambansa;
(b) To review and update regularly the rules and regulations of the sports included in the
Palarong Pambansa in accordance with international standards;
(c) To develop and recommend programs and policies that will promote the Palarong Pambansa
and increase public awareness of the event, persuade schools to participate and improve
their performance in sports and physical education, and encourage the LGUs to support
and promote the Palarong Pambansa as the country’s premier sports event;
(d) To provide incentives and rewards to participating schools and LGUs, including medal
winners;
(e) To formulate and issue policies and guidelines on the accreditation of athletes, coaches and
chaperones;
(f) To create the Palarong Pambansa Communications Task Force;
(g) To create the National Screening and Accreditation Committee (NSAC);
(h) To develop marketing strategies to generate funds and promote the Palarong Pambansa
including, but not limited to, royalties, merchandising and advertisements;
(i) To allocate funds for the conduct of school sports activities leading to the Palarong Pambansa;
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(j) To formulate and issue the criteria for the selection of host LGU and approve bids to host the
Palarong Pambansa;
(k) To set the date of the staging of the Palarong Pambansa;
(l) To identify the sports events to be included in the Palarong Pambansa;
(m) To appoint a Secretary General of the Palarong Pambansa;
(n) To enter into contracts or obligations essential for the proper accomplishment of its purposes
and objectives;
(o) To conduct regular inventory of existing sports facilities, venues and equipment throughout
the country;
(p) To formulate guidelines for the conduct of sports events for students with disability;
(q) To assess the conduct of the Palarong Pambansa and submit an annual report to Congress;
and
(r) To exercise such other acts as may be necessary for the effective implementation of this Act.
SECTION 7. Secretary General. — A Secretary General shall be appointed by the Board from
among the members of the Board representing the DepEd.
The Secretary General shall recommend to the Board the composition of the Secretariat and
all the activities undertaken by the latter requiring the utilization of funds. The Secretariat, which shall
come from the existing personnel of the DepEd, the PSC and the DILG, shall manage the conduct of the
Palarong Pambansa and other activities leading to the Palarong Pambansa.
SECTION 8. Regional Athletics Associations. — The DepEd Regional Offices shall organize the
Regional Athletics Associations (RAAs) which shall supervise the conduct of the regional meets and
organize their respective regional delegations to the Palarong Pambansa.
ARTICLE III
Hosting of the Palarong Pambansa
SECTION 9. Hosting of the Palarong Pambansa. — The hosting of the Palarong Pambansa shall
be determined by bidding and guided by the principle of rotation among the following geographical
clusters: Luzon, Visayas and Mindanao.
Two (2) adjoining LGUs may host the Palarong Pambansa: Provided, That one of the host LGUs
does not have available venues and facilities to accommodate all the sports events.
The host LGU may constitute a local Palarong Pambansa Board to coordinate the preparation
and conduct of the Palaro.
SECTION 10. Criteria for the Selection of the Palarong Pambansa Host LGU. — The Board shall
formulate the criteria for the selection of the host LGU and shall take into consideration the existing
sports facilities, their capacity to accommodate participants and guests, the security and peace and
order situation of the area, and the need of the LGU for an opportunity to promote and showcase its
socioeconomic and cultural uniqueness through the Palarong Pambansa: Provided, That existing sports
facilities shall be given the highest weight among the criteria to be formulated.
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ARTICLE IV
Promotion of the Palarong Pambansa
SECTION 11. Incentives to Host LGU and Participating Schools. —
(a) Host LGU — The Board shall provide incentives to the winning LGUs to encourage them to
participate in the bidding for the hosting of the Palarong Pambansa.
(b) Schools Whose Students are Participating in the Palarong Pambansa — The Board shall
provide incentives to schools that will field students/athletes to represent their
respective regions in the Palarong Pambansa. Incentives shall include, but not be limited
to, financial support for additional scholarships and improvement of sports and physical
education programs.
SECTION 12. Promotion of the Palarong Pambansa. — The Board shall create the Palarong
Pambansa Communications Group which shall perform the following duties and responsibilities:
(a) Formulate the marketing and communications plan to ensure the promotion of the Palarong
Pambansa and encourage the LGUs to bid in the hosting of the event and the schools
to improve their sports and physical education programs with the aim of sending
representative athletes to the Palarong Pambansa;
(b) Ensure the coverage of the Palarong Pambansa by both the national and local media; and
(c) Enter into sponsorship, merchandising and royalty agreements with private entities as
additional source of funds for the Palarong Pambansa.
The Palarong Pambansa Communications Group shall be composed of representatives from the
following government agencies:
(1) DepEd;
(2) Philippine Information Agency (PIA);
(3) PSC; and
(4) DepEd Regional Offices.
ARTICLE V
Eligibility and Accreditation
SECTION 13. The National Screening and Accreditation Committee (NSAC). — The Board shall
constitute the NSAC that will evaluate and verify the authenticity of the documents submitted by the
athletes, coaches and chaperones applying for accreditation. The NSAC shall accredit qualified athletes,
coaches and chaperones and shall submit a masterlist to the Board at least two (2) months before the
Palarong Pambansa.
SECTION 14. Composition of the NSAC. — The NSAC shall be composed of the following:
(a) Representative from the DepEd Legal Division;
(b) Two (2) government physicians;
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(c) Two (2) government dentists; and
(d) Authorized representative from each RAA.

SECTION 15. Protests on Eligibility and Appeals on Disqualification. — The Board shall issue
guidelines on the process of addressing protests and appeals on its decisions concerning the eligibility
or disqualification of athletes, coaches and chaperones: Provided, That all protests and appeals must
be resolved with finality within thirty (30) days from receipt thereof.
ARTICLE VI
Sports Events and Standards
SECTION 16. Sports Events. — The official sports events in the Palarong Pambansa shall include,
but not be limited to, the following:
(a) Elementary Division
(1) Athletics;
(2) Badminton;
(3) Baseball;
(4) Basketball;
(5) Chess;
(6) Football;
(7) Gymnastics;
(8) Sepak Takraw;

(9) Softball;
(10) Swimming;
(11) Table Tennis;
(12) Taekwondo;
(13) Tennis;
(14) Volleyball; and
(15) Arnis.
(b) Secondary Division
(1) Archery;
(2) Arnis;
(3) Athletics;
(4) Badminton;
(5) Baseball;
(6) Basketball;
(7) Billiards;
(8) Boxing;
(9) Chess;
264
(10) Football;
(11) Futsal;
(12) Gymnastics;
(13) Sepak Takraw;
(14) Softball;
(15) Swimming;
(16) Table Tennis;
(17) Taekwondo;
(18) Tennis;
(19) Volleyball;
(20) Wrestling; and
(21) Wushu.
Provided, That appropriate sports events shall be organized for students with disability.
SECTION 17. Regulations and Standards. — The Board shall conduct a review of the current rules
and regulations and an inventory of existing sports facilities, venues and equipment being used in the
Palarong Pambansa. All sports events must be played according to international rules and regulations
and the sports venues, facilities and equipment to be used shall be in accordance with international
standards. The Board shall consult the National Sports Associations (NSAs) in the review of the rules
and regulations of each sports event.
ARTICLE VII
Duties and Responsibilities
SECTION 18. Philippine Sports Commission (PSC). — To ensure the success of the Palarong
Pambansa, the PSC, in cooperation with the Philippine Olympic Committee (POC) and through the
appropriate NSAs, shall perform the following duties and functions:
(a) The PSC shall make available its manpower and technical resources and facilities for the
Palarong Pambansa and other school-based sports and physical education programs
of the DepEd;
(b) The PSC, in coordination with the DepEd, shall formulate and implement a training program
for outstanding athletes of the Palarong Pambansa to ensure the continuity of their
athletic development and education;
(c) Provide technical support to all programs that the DepEd may implement to train its teachers,
coaches and officiating team;
(d) Provide technical support in the formulation of the specification of equipment to be procured
for the Palarong Pambansa;
(e) Provide technical support to all programs that the DepEd may implement to train DepEd
and non-DepEd personnel who will manage the events to be played in the Palarong
Pambansa. The PSC may also endorse qualified non-DepEd personnel to serve as event
managers to assist in the conduct of the Palaro; and
(f) Other duties and responsibilities as may be assigned by the Board.
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SECTION 19. Department of the Interior and Local Government (DILG).— The DILG shall perform
the following duties and responsibilities:
(a) To direct the Philippine National Police to prepare and implement a comprehensive security
plan for the LGU where the Palarong Pambansa shall be held;
(b) To appoint a representative to the local Board;
(c) To direct all LGUs where the events will be played to coordinate, cooperate and support the
plans, programs and activities of the Board; and
(d) Other duties and responsibilities as may be assigned by the Board.
ARTICLE VIII
Final Provisions
SECTION 20. Appropriations. — The amount currently appropriated in the General Appropriations
Act for the conduct of the Palarong Pambansa including pre-national Palaro activities under the DepEd
shall be allocated and utilized for the initial implementation of this Act. Thereafter, such amount as may
be necessary for its continued implementation shall be included under the budget of the DepEd in the
annual General Appropriations Act.
SECTION 21. Implementing Rules and Regulations. — Within ninety (90) days after the approval
of this Act, the DepEd, together with the concerned agencies, shall prepare and promulgate the
implementing rules and regulations (IRR) to carry out the provisions of this Act. The IRR shall take effect
fifteen (15) days following its publication in a major daily newspaper of general circulation.
SECTION 22. Separability Clause. — If any provision of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and
effect.
SECTION 23. Repealing Clause. — All laws, decrees, executive orders, particularly Executive
Order No. 433, presidential issuances and other administrative rules and regulations or parts thereof
which are inconsistent with this Act are hereby repealed, amended or modified accordingly.
SECTION 24. Effectivity. — The implementation of this Act shall take effect fifteen (15) days after
its publication in a national newspaper of general circulation.
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Title of Law: An Act Enhancing The Philippine Basic Education System By Strengthening Its
Curriculum And Increasing The Number Of Years For Basic Education, Appropriating Funds
Therefor And For Other Purposes
Short Title: Enhanced Basic Education Act of 2013

Amended by: N/A

Implementing Rules and Regulation: Implementing Rules and Regulations of the Enhanced
Basic Education Act of 2013 (Republic Act No. 10533) (September 4, 2013)
AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY STRENGTHENING ITS

CURRICULUM AND INCREASING THE NUMBER OF YEARS FOR BASIC EDUCATION, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the “Enhanced Basic Education Act of 2013”.
SECTION 2. Declaration of Policy. — The State shall establish, maintain and support a complete,
adequate, and integrated system of education relevant to the needs of the people, the country and
society-at-large.
Likewise, it is hereby declared the policy of the State that every graduate of basic education
shall be an empowered individual who has learned, through a program that is rooted on sound
educational principles and geared towards excellence, the foundations for learning throughout life, the
competence to engage in work and be productive, the ability to coexist in fruitful harmony with local
and global communities, the capability to engage in autonomous, creative, and critical thinking, and the
capacity and willingness to transform others and one’s self.
For this purpose, the State shall create a functional basic education system that will develop
productive and responsible citizens equipped with the essential competencies, skills and values for
both life-long learning and employment. In order to achieve this, the State shall:
(a) Give every student an opportunity to receive quality education that is globally competitive
based on a pedagogically sound curriculum that is at par with international standards;
(b) Broaden the goals of high school education for college preparation, vocational and technical
career opportunities as well as creative arts, sports and entrepreneurial employment in
a rapidly changing and increasingly globalized environment; and
(c) Make education learner-oriented and responsive to the needs, cognitive and cultural capacity,
the circumstances and diversity of learners, schools and communities through the
appropriate languages of teaching and learning, including mother tongue as a learning
resource.
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SECTION 3. Basic Education. — Basic education is intended to meet basic learning needs which
provides the foundation on which subsequent learning can be based. It encompasses kindergarten,
elementary and secondary education as well as alternative learning systems for out-of-school learners
and those with special needs.
SECTION 4. Enhanced Basic Education Program. — The enhanced basic education program
encompasses at least one (1) year of kindergarten education, six (6) years of elementary education,
and six (6) years of secondary education, in that sequence. Secondary education includes four (4)
years of junior high school and two (2) years of senior high school education.
Kindergarten education shall mean one (1) year of preparatory education for children at least
five (5) years old as a prerequisite for Grade I.
Elementary education refers to the second stage of compulsory basic education which is
composed of six (6) years. The entrant age to this level is typically six (6) years old.
Secondary education refers to the third stage of compulsory basic education. It consists of
four (4) years of junior high school education and two (2) years of senior high school education. The
entrant age to the junior and senior high school levels are typically twelve (12) and sixteen (16) years
old, respectively.
Basic education shall be delivered in languages understood by the learners as the language
plays a strategic role in shaping the formative years of learners.
For kindergarten and the first three (3) years of elementary education, instruction, teaching
materials and assessment shall be in the regional or native language of the learners. The Department
of Education (DepEd) shall formulate a mother language transition program from Grade 4 to Grade 6 so
that Filipino and English shall be gradually introduced as languages of instruction until such time when
these two (2) languages can become the primary languages of instruction at the secondary level.
For purposes of this Act, mother language or first Language (L1) refers to language or languages
first learned by a child, which he/she identifies with, is identified as a native language user of by others,
which he/she knows best, or uses most. This includes Filipino sign language used by individuals with
pertinent disabilities. The regional or native language refers to the traditional speech variety or variety
of Filipino sign language existing in a region, area or place.
SECTION 5. Curriculum Development. — The DepEd shall formulate the design and details of the
enhanced basic education curriculum. It shall work with the Commission on Higher Education (CHED)
to craft harmonized basic and tertiary curricula for the global competitiveness of Filipino graduates. To
ensure college readiness and to avoid remedial and duplication of basic education subjects, the DepEd
shall coordinate with the CHED and the Technical Education and Skills Development Authority (TESDA).
To achieve an effective enhanced basic education curriculum, the DepEd shall undertake
consultations with other national government agencies and other stakeholders including, but not limited
to, the Department of Labor and Employment (DOLE), the Professional Regulation Commission (PRC),
the private and public schools associations, the national student organizations, the national teacher
organizations, the parents-teachers associations and the chambers of commerce on matters affecting
the concerned stakeholders.
The DepEd shall adhere to the following standards and principles in developing the enhanced
basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally appropriate;
(b) The curriculum shall be relevant, responsive and research-based;
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(c) The curriculum shall be culture-sensitive;
(d) The curriculum shall be contextualized and global;
(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-based,
reflective, collaborative and integrative;
(f) The curriculum shall adhere to the principles and framework of Mother Tongue-Based
Multilingual Education (MTB-MLE) which starts from where the learners are and from
what they already knew proceeding from the known to the unknown; instructional
materials and capable teachers to implement the MTB-MLE curriculum shall be available;
(g) The curriculum shall use the spiral progression approach to ensure mastery of knowledge
and skills after each level; and
(h) The curriculum shall be flexible enough to enable and allow schools to localize, indigenize
and enhance the same based on their respective educational and social contexts. The
production and development of locally produced teaching materials shall be encouraged
and approval of these materials shall devolve to the regional and division education
units.
SECTION 6. Curriculum Consultative Committee. — There shall be created a curriculum

consultative committee chaired by the DepEd Secretary or his/her duly authorized representative and
with members composed of, but not limited to, a representative each from the CHED, the TESDA,
the DOLE, the PRC, the Department of Science and Technology (DOST), and a representative from
the business chambers such as the Information Technology-Business Process Outsourcing (IT-BPO)
industry association. The consultative committee shall oversee the review and evaluation on the
implementation of the basic education curriculum and may recommend to the DepEd the formulation
of necessary refinements in the curriculum.
SECTION 7. Teacher Education and Training. — To ensure that the enhanced basic education
program meets the demand for quality teachers and school leaders, the DepEd and the CHED, in
collaboration with relevant partners in government, academe, industry, and nongovernmental
organizations, shall conduct teacher education and training programs, as specified:
(a) In-service Training on Content and Pedagogy. — Current DepEd teachers shall be retrained
to meet the content and performance standards of the new K to 12 curriculum.
The DepEd shall ensure that private education institutions shall be given the opportunity to
avail of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education curriculum
shall undergo additional training, upon hiring, to upgrade their skills to the content
standards of the new curriculum. Furthermore, the CHED, in coordination with the DepEd
and relevant stakeholders, shall ensure that the Teacher Education curriculum offered
in these Teacher Education Institutes (TEIs) will meet the necessary quality standards
for new teachers. Duly recognized organizations acting as TEIs, in coordination with the
DepEd, the CHED, and other relevant stakeholders, shall ensure that the curriculum of
these organizations meet the necessary quality standards for trained teachers.
(c) Training of School Leadership. — Superintendents, principals, subject area coordinators

and other instructional school leaders shall likewise undergo workshops and training
to enhance their skills on their role as academic, administrative and community leaders
Henceforth, such professional development programs as those stated above shall be initiated
and conducted regularly throughout the school year to ensure constant upgrading of teacher skills.
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SECTION 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and Other
Specialists in Subjects with a Shortage of Qualified Applicants, Technical-Vocational Courses and
Higher Education Institution Faculty. — Notwithstanding the provisions of SECTIONs 26, 27 and 28
of Republic Act No. 7836, otherwise known as the “Philippine Teachers Professionalization Act of 1994”,
the DepEd and private education institutions shall hire, as may be relevant to the particular subject:
(a) Graduates of science, mathematics, statistics, engineering, music and other degree courses
with shortages in qualified Licensure Examination for Teachers (LET) applicants to teach
in their specialized subjects in the elementary and secondary education. Qualified LET
applicants shall also include graduates admitted by foundations duly recognized for
their expertise in the education sector and who satisfactorily complete the requirements
set by these organizations: Provided, That they pass the LET within five (5) years after
their date of hiring: Provided, further, That if such graduates are willing to teach on part-
time basis, the provisions of LET shall no longer be required;
(b) Graduates of technical-vocational courses to teach in their specialized subjects in

the secondary education: Provided, That these graduates possess the necessary
certification issued by the TESDA: Provided, further, That they undergo appropriate in-
service training to be administered by the DepEd or higher education institutions (HEIs)
at the expense of the DepEd;
(c) Faculty of HEIs be allowed to teach in their general education or subject specialties in the
secondary education: Provided, That the faculty must be a holder of a relevant Bachelor’s
degree, and must have satisfactorily served as a full-time HEI faculty;
(d) The DepEd and private education institutions may hire practitioners, with expertise in the
specialized learning areas offered by the Basic Education Curriculum, to teach in the
secondary level: Provided, That they teach on part-time basis only. For this purpose, the
DepEd, in coordination with the appropriate government agencies, shall determine the
necessary qualification standards in hiring these experts.
SECTION 9. Career Guidance and Counselling Advocacy. — To properly guide the students in
choosing the career tracks that they intend to pursue, the DepEd, in coordination with the DOLE, the
TESDA and the CHED, shall regularly conduct career advocacy activities for secondary level students.
Notwithstanding the provisions of SECTION 27 of Republic Act No. 9258, otherwise known as the
“Guidance and Counselling Act of 2004”, career and employment guidance counsellors, who are not
registered and licensed guidance counsellors, shall be allowed to conduct career advocacy activities
to secondary level students of the school where they are currently employed: Provided, That they
undergo a training program to be developed or accredited by the DepEd.
SECTION 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic Act
No. 8545, or the “Expanded Government Assistance to Students and Teachers in Private Education
Act”, shall be extended to qualified students enrolled under the enhanced basic education.
The DepEd shall engage the services of private education institutions and non-DepEd schools
offering senior high school through the programs under Republic Act No. 8545, and other financial
arrangements formulated by the DepEd and the Department of Budget and Management (DBM) based
on the principles of public-private partnership.
SECTION 11. Appropriations. — The Secretary of Education shall include in the Department’s
program the operationalization of the enhanced basic education program, the initial funding of which
shall be charged against the current appropriations of the DepEd. Thereafter, the amount necessary
for the continued implementation of the enhanced basic education program shall be included in the
annual General Appropriations Act.
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SECTION 12. Transitory Provisions. — The DepEd, the CHED and the TESDA shall formulate the
appropriate strategies and mechanisms needed to ensure smooth transition from the existing ten (10)
years basic education cycle to the enhanced basic education (K to 12) cycle. The strategies may cover
changes in physical infrastructure, manpower, organizational and structural concerns, bridging models
linking grade 10 competencies and the entry requirements of new tertiary curricula, and partnerships
between the government and other entities. Modeling for senior high school may be implemented in
selected schools to simulate the transition process and provide concrete data for the transition plan.
To manage the initial implementation of the enhanced basic education program and mitigate
the expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions (TVIs)
starting School Year 2016-2017, the DepEd shall engage in partnerships with HEIs and TVIs for the
utilization of the latter’s human and physical resources. Moreover, the DepEd, the CHED, the TESDA,
the TVIs and the HEIs shall coordinate closely with one another to implement strategies that ensure the
academic, physical, financial, and human resource capabilities of HEIs and TVIs to provide educational
and training services for graduates of the enhanced basic education program to ensure that they are
not adversely affected. The faculty of HEIs and TVIs allowed to teach students of secondary education
under SECTION 8 hereof, shall be given priority in hiring for the duration of the transition period. For
this purpose, the transition period shall be provided for in the implementing rules and regulations (IRR).
SECTION 13. Joint Congressional Oversight Committee on the Enhanced Basic Educational
Program (K to 12 Program). — There is hereby created a Joint Oversight Committee to oversee,
monitor and evaluate the implementation of this Act. The Oversight Committee shall be composed
of five (5) members each from the Senate and from the House of Representatives, including Chairs of
the Committees on Education, Arts and Culture, and Finance of both Houses. The membership of the
Committee for every House shall have at least two (2) opposition or minority members.
SECTION 14. Mandatory Evaluation and Review. — By the end of School Year 2014-2015, the
DepEd shall conduct a mandatory review and submit a midterm report to Congress as to the status of
implementation of the K to 12 program in terms of closing the following current shortages: (a) teachers;
(b) classrooms; (c) textbooks; (d) seats; (e) toilets; and (f) other shortages that should be addressed.
The DepEd shall include among others, in this midterm report, the following key metrics
of access to and quality of basic education: (a) participation rate; (b) retention rate; (c) National
Achievement Test results; (d) completion rate; (e) teachers’ welfare and training profiles; (f) adequacy
of funding requirements; and (g) other learning facilities including, but not limited to, computer and
science laboratories, libraries and library hubs; and sports, music and arts.
SECTION 15. Commitment to International Benchmarks. — The DepEd shall endeavor to increase
the per capita spending on education towards the immediate attainment of international benchmarks.
SECTION 16. Implementing Rules and Regulations. — Within ninety (90) days after the effectivity
of this Act, the DepEd Secretary, the CHED Chairperson and the TESDA Director-General shall
promulgate the rules and regulations needed for the implementation of this Act.
the same shall not affect the validity and effectivity of the other provisions hereof.
SECTION 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or
the “Education Act of 1982”, Republic Act No. 9155 or the “Governance of Basic Education Act of
2001”, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and
rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or
in the Official Gazette or in two (2) newspapers of general circulation.
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Title of Law: An Act Recognizing The Age From Zero (0) To Eight (8) Years As The First Crucial
Stage Of Educational Development And Strengthening The Early Childhood Care And
Development System, Appropriating Funds Therefor And For Other Purposes
Short Title: Early Years Act (EYA) of 2013

Amended by: N/A

No. 10410 (Early Years Act of 2013) (November 4, 2013)
AN ACT RECOGNIZING THE AGE FROM ZERO (0) TO EIGHT (8) YEARS AS THE FIRST CRUCIAL STAGE
OF EDUCATIONAL DEVELOPMENT AND STRENGTHENING THE EARLY CHILDHOOD CARE AND
DEVELOPMENT SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the “Early Years Act (EYA) of 2013”.
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to promote the
rights of children to survival, development and special protection with full recognition of the nature of
childhood and as well as the need to provide developmentally appropriate experiences to address their
needs; and to support parents in their roles as primary caregivers and as their children’s first teachers.
Further, the State hereby recognizes the age from zero (0) to eight (8) years as the first crucial stage of
educational development of which the age from zero (0) to four (4) years shall be the responsibility of
the Early Childhood Care and Development (ECCD) Council. Therefore, the responsibility to help develop
children in the formative years between age five (5) to eight (8) years shall be with the Department of
Education (DepEd).
The State shall institutionalize a National System for Early Childhood Care and Development
(ECCD) that is comprehensive, integrative and sustainable, that involves multisectoral and interagency
collaboration at the national and local levels among government; among service providers, families and
communities, and among the public and private sectors, nongovernment organizations; professional
associations and academic institutions.
The System shall promote the inclusion of children with special needs, provide for reasonable
accommodation and accessible environments for children with disabilities and advocate respect for
cultural and linguistic diversity, including the use of Filipino Sign Language as the visual language of
the deaf community. It shall be anchored on complementary strategies for ECCD that include service
delivery for children from age zero (0) to four (4) years, educating parents and caregivers, encouraging
the active involvement of parents and communities in ECCD programs, raising awareness about the
important efforts that improve the quality of life for young children and families.
SECTION 3. Objectives. — The National ECCD System shall pursue the following objectives:
(a) To achieve improved infant and child survival rates by ensuring that adequate health
and nutrition programs are accessible to young children and their parents, from
the prenatal period throughout the early childhood years;
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(b) To enhance the physical-motor, socio-emotional, cognitive, language, psychological
and spiritual development of young children;
(c) To facilitate a smooth transition from care and education provided at home to
community or school-based setting and to kindergarten;
(d) To ensure that young children are adequately prepared for the formal learning system
that begins at kindergarten;
(e) To establish an efficient system for early identification, prevention, referral and
intervention for the wide range of children with special needs from age zero (0)
to four (4) years;
(f) To upgrade and update the capabilities of service providers and their supervisors to
comply with quality standards for various ECCD programs;
(g) To reinforce the role of parents and other caregivers as the primary caregivers and
educators of their children especially from age zero (0) to four (4) years;
(h) To enhance and sustain the efforts of communities to promote ECCD programs and
ensure that special support is provided for poor, disadvantaged and linguistic
minority communities;
(i) To improve the quality standards of public and private ECCD programs through, but
not limited to, a registration and credential system for ECCD service providers and
facilities;
(j) To ensure that the education of persons, and in particular children, who are blind,
deaf or deafblind, are conducted in the most appropriate languages, modes and
means of communication for the individual, and in environments which maximize
academic and social development; and
(k) To employ teachers, including teachers with disabilities, who are qualified in sign
language and/or braille, and to train professionals and staff who work at all levels
of education.
SECTION 4. Definitions. — The following terms are defined as follows:

(a) Early Childhood Care and Development (ECCD) System shall refer to the full range of
health, nutrition, early education and social services development programs that
provide for the basic holistic needs of young children from age zero (0) to four (4)
years; and to promote their optimum growth and development.
These programs shall include:
(1) Center-based programs, such as the day care service established under Republic
Act No. 6972, otherwise known as the “Barangay-Level Total Development
and Protection of Children Act”, and hereinafter referred to as the child
development service, community or church-based early childhood
education programs initiated by nongovernment organizations or people’s
organizations, workplace-related child care and education programs, child-
minding centers, health centers and stations; and
(2) Home-based programs, such as the neighborhood-based play groups, family
child care programs, parent education and home visiting programs.
(b) ECCD Service Providers shall include the various professionals, paraprofessionals and
volunteer caregivers who are directly responsible for the care and education of
young children from age zero (0) to four (4) years through the various centers and
home-based programs. They shall include, but shall not be limited to, day care
workers hereinafter referred to as child development workers, child development
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teachers, teacher-aides, rural health midwives, social workers, community health
workers, barangay nutrition scholars, parent effectiveness service volunteers, and
family day care providers.
(c) ECCD Curriculum shall refer to the developmentally-appropriate educational
objectives and practices, programs of activities, organized learning experiences,
recommended learning materials and appropriate assessment for children from
age zero (0) to four (4) years that are implemented by service providers through
center and home-based programs. It shall consist of national program goals and
guidelines, instructional objectives, and content outlines that are age-appropriate,
individually appropriate and culturally relevant.
(d) Parent Education shall refer to the various formal and alternative means of providing
parents with information, skills, and support systems to assist them in their roles as
their children’s primary caregivers and educators. These include public and private
parent education programs linked to center, home and media-based child care
and education programs.
SECTION 5. System Framework and Components. — The ECCD System shall ensure that the
National ECCD Program is implemented in accordance with quality standards for accreditation and
for this purpose there shall be established a National ECCD Monitoring and Evaluation Framework.
The ECCD System shall include the following components:
(a) ECCD Curriculum. — The curriculum shall focus on children’s total development and take
into account age, individual and socio-cultural appropriateness. It shall promote
the delivery of complementary and integrative services for health, nutrition, early
childhood education, sanitation and cultural activities. It shall use the child’s first
language as the medium of instruction;
(b) Parent Education and Involvement, Advocacy and Mobilization of Communities.
— This component shall harness and develop parents’ strengths as providers
of ECCD programs at home, as active partners of other stakeholders, as advocates
for community concerns that affect children, and as pillars of support for local and
national ECCD programs through community organization efforts;
(c) Human Resource Development Program. — The program shall establish mechanisms for
the systematic professionalization of ECCD service providers through enrolment
in educational program in site-based or distance education modes, through pre-
service or in-service training including continuing education programs, whereby
a registration and credential system shall be developed in the ECCD System; and
(d) ECCD Management. — This component shall consist of a continuing process of planning,
implementation, supervision, financial management, monitoring, evaluation and
reporting to persons concerned and shall encourage the active involvement of and
build the capabilities of service providers, parents and local government officials
to sustain the program.
SECTION 6. Expanding the ECCD System. — The National ECCD System shall henceforth apply
to all provinces, cities, municipalities and barangays as may be determined by the ECCD Council to
achieve universal ECCD coverage for all children from age zero (0) to four (4) years.
SECTION 7. Implementing Arrangements and Operational Structures. — The implementation of

the National ECCD System shall be the responsibility of the ECCD Council.
(a) Responsibilities of the ECCD Council. — The ECCD Council shall be responsible for
establishing national standards, developing policies and programs, ensuring
compliance thereof, providing technical assistance and support to the ECCD service
providers in consultation with coordinating committees at the provincial, city,
municipal and barangay levels.
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The Department of Education (DepEd), the Department of Social Welfare and Development
(DSWD), the Department of Health (DOH), the National Nutrition Council (NNC)
and the Union of Local Authorities of the Philippines (ULAP) shall meet in an annual
workshop to prepare work and financial plans that will coordinate their technical
assistance and support for the National ECCD Program. They shall observe existing
implementing guidelines that ensure consistency in integrated service delivery
within the National ECCD System, as follows:
(1) The DepEd shall recognize the National ECCD Program as the foundation of the
learning continuum and shall promote it for all children from age zero (0)
to four (4) years; and
(2) The DepEd, the DSWD, the DOH and the NNC shall provide continuing
professional development program support, supplementary learning
materials, reference materials, supplemental nutrition and health care
services.
(b) Responsibilities of Local Government Units. — Local government units (LGUs) shall
include allocations from their Special Education Fund (SEF) and Gender and
Development (GAD) Fund in addition to other local funds to be utilized for the
following purposes:
(1) Support the implementation of their ECCD Program;
(2) Organize and support parent cooperatives to establish community-
based ECCD programs;
(3) Provide counterpart funds for the continuing professional development of
their ECCD public service providers; and
(4) Provide the facilities for the conduct of their ECCD Program.
(c) Responsibilities of Families and Communities. — Families and communities shall
support the local ECCD programs by participating in various community-based
projects such as, but not limited to, health, nutrition, social development and early
childhood education projects for the overall development of their children from
age zero (0) to four (4) years.
SECTION 8. Strengthening the ECCD Council. — The ECCD Council shall be strengthened to
ensure the State’s focus on building a strong foundation for the development and learning of children
during the early years from age zero (0) to four (4) years, to support the full range of health, nutrition,
early education and social development programs for the child’s holistic development and ensure
sustained interagency and multisectoral collaboration. The Council shall be attached to the DepEd.
SECTION 9. Organization of the ECCD Council. — The ECCD Council shall be composed of the
following:
(a) ECCD Governing Board. — The ECCD Governing Board shall be composed of:
(1) Secretary of the DepEd, as ex officio Chairperson;
(2) Executive Director of the ECCD Council, as Vice Chairperson;
(3) Secretary of the DSWD, as member;
(4) Secretary of the DOH, as member;
(5) Executive Director of the NNC, as member;
(6) President of the ULAP, as member; and
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(7) One (1) private individual who is an ECCD practitioner and expert shall be
appointed by the President upon the recommendation of the Board, as
member.
The Board shall meet once a month or upon the call of the Chairperson or three
(3) members of the Board.
(b) Council Secretariat. — There shall be established an ECCD Council Secretariat to be
headed by an Executive Director. The Secretariat shall provide support services
for the coordination and monitoring of the implementation of policies and plans
formulated by the Council subject to the Compensation and Position Classification
System and other existing civil service rules and regulations.
SECTION 10. Functions of the ECCD Council. — The ECCD Council shall carry out the objectives
of the National ECCD System by performing the following functions:
(a) Promulgate policies and implement guidelines for ECCD programs in consultation with
stakeholders, including the regional level when appropriate, consistent with the
national policy and program frameworks as defined in this Act;
(b) Establish ECCD program standards that reflect developmentally appropriate practices
for ECCD programs, which shall interface with the kindergarten curriculum of the
DepEd;
(c) Develop a national system for the recruitment, registration, accreditation, continuing
education and equivalency, and credential system of ECCD service providers,
supervisors and administrators to improve and professionalize the ECCD sector
and upgrade quality standards of public and private ECCD programs;
(d) Develop a national system of awards and recognition to deserving ECCD program
implementers and service providers;
(e) Promote, encourage and coordinate the various ECCD programs of the DepEd,
the DSWD, the DOH and the NNC, and monitor the delivery of services to
the ECCD program beneficiaries nationwide;
(f) Evaluate and assess the impact and outcome of various ECCD programs nationwide
through an effective information system;
(g) Develop a national system for early identification, screening and surveillance of young
children from age zero (0) to four (4) years;
(h) Develop various support mechanisms that maximize public and private resources for
implementing ECCD programs, giving priority to the needy and high risk children
from poor communities;
(i) Provide funds to poor and disadvantaged communities for the establishment and
expansion of public ECCD programs, improvement of physical facilities and for
hiring of ECCD service providers;
(j) Promote and encourage private sector initiatives for the establishment of ECCD programs;
(k) Provide guidelines for the conduct of solicitations from local and international civic
organizations, and request private foundations to supplement available resources;
and
(l) Perform such other functions as the ECCD Council may deem necessary.
SECTION 11. Appropriations. — The amount needed for the initial implementation of this Act
shall be charged against the current year’s appropriations of the DepEd, the DSWD, the DOH and the
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NNC for the purpose. Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the annual General Appropriations Act (GAA).
In addition, the Philippine Amusement and Gaming Corporation shall contribute an amount of
Five hundred million pesos (P500,000,000.00) per year for five (5) years from its gross income to
fund the establishment of National Child Development Centers and the conversion of existing Day Care
Centers into Child Development Centers in various LGUs upon approval of this Act. Said amount shall
be directly remitted in four (4) quarterly installments to a special account of the ECCD Council.
SECTION 12. Financing ECCD Programs. — ECCD programs shall be financed through a
combination of public and private funds. All public ECCD program providers shall prioritize children
from age zero (0) to four (4) years from families who are in greatest need and who can least afford
private ECCD programs.
(a) Financial and Technical Support. — The DepEd, the DSWD and the DOH shall support
the implementation of the National ECCD System by providing financial and
technical support packages to ECCD programs.
(b) Other Forms of Support for ECCD Programs. — LGUs shall be encouraged to support
public ECCD programs in their respective localities. Additional funds may be
generated from intergovernmental donors and government financial institutions
to support the public programs including the urban poor.
There shall be established a fund for an ECCD Program Contracting Scheme with
accredited private providers at the community levels.
(c) Fees and Contributions. — Fees and contributions collected for both public and
private ECCD programs shall be monitored by the ECCD Council to ensure that
these are affordable and within reasonable limits. Families are encouraged to
contribute their time and services to support the ECCD programs.
SECTION 13. Annual Report. — The ECCD Council shall, at the close of each calendar year,
submit annual physical and financial reports to Congress, giving a detailed account of its proceedings
and accomplishments during the year, making recommendations for the adoption of measures that will
improve the National ECCD System and ensuring achievement of universal coverage of ECCD benefits
to all children from age zero (0) to four (4) years, within a period of five (5) years.
SECTION 14. Implementing Rules and Regulations. — The ECCD Council, in consultation with
appropriate government agencies and nongovernment organizations, shall formulate and issue the
necessary rules and regulations within sixty (60) days after the effectivity of this Act.
SECTION 15. Repealing Clause. — Republic Act No. 8980, otherwise known as “An Act
Promulgating a Comprehensive Policy and a National System for Early Childhood Care and Development
(ECCD), Providing Funds Therefor and for Other Purposes”, is hereby repealed.
All laws, decrees, executive orders, presidential proclamations, rules and regulations or parts
thereof contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 16. Separability Clause. — If, for any reason, any portion of this Act shall be declared
unconstitutional, other parts or provisions hereof which are not affected shall continue to be in full force
and effect.
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Title of Law: An Act Declaring November Twenty-Five Of Every Year As “National Conscious-
ness Day For The Elimination Of Violence Against Women And Children”
Short Title: N/A

Amended by: N/A

AN ACT DECLARING NOVEMBER TWENTY-FIVE OF EVERY YEAR AS “NATIONAL CONSCIOUSNESS

DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN AND CHILDREN”
SECTION 1. In recognition of the need to establish a comprehensive and structured campaign for
national consciousness on anti-violence against women, November 25 of every year is hereby declared
as the “National Consciousness Day for the Elimination of Violence Against Women and Children”.
SECTION 2. The following activities shall be undertaken in observance of this occasion:

(a) Heads of government agencies and instrumentalities, government-owned and
controlled corporations, local government units and employers in the private
sector shall, together with their employees, organize, engage or participate in
activities designed to raise public awareness on the problem of violence, and the
elimination of all forms of violence, against women and children.
(b) The Philippine Information Agency shall be mandated to allocate a minimum of one
(1) hour airtime for programs exclusively raising public awareness on the problem
of violence against women and children and the elimination of all forms of violence
against women and children. Relative thereto, all television and radio networks
nationwide are encouraged to allocate airtime for the said programs.
(c) Publishers of local newspapers and magazines are encouraged to highlight the
problem of violence, and the elimination of all forms of violence against women
and children.
(d) The Department of Education, the Commission on Higher Education and the
Technical Education and Skills Development Authority, in coordination with the
Philippine Commission on Women (PCW) and the Department of Social Welfare
and Development, women nongovernmental organizations (NGOs) and other
NGOs and people’s organizations advocating for women’s and children’s human
rights, shall lead public and private school communities at all level’s in organizing
consciousness-raising activities on than problem of violence, and the elimination
of all forms of violence, against women and children.
SECTION 3. The National Statistics Office, the Philippine National Police, the Department of
Social Welfare and Development, the Department of Labor and Employment, the Department of Foreign
Affairs and all Philippine embassies and consulates shall, in coordination with the PCW, undertake the
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data gathering and systematization of a database on all forms of violence against women and children,
including Filipino women and children working and/or residing abroad. These agencies shall consolidate
their findings and make a report to the public on the statistics and status of violence against women
and children every November 25 of each year.
SECTION 4. The PCW and the Inter-Agency Council Against Trafficking (IACAT), constituted
under SECTION 20 of Republic Act No. 9208 or the “Anti-Trafficking in Persons Act of 2003” and the
Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC), constituted under
SECTION 39 of Republic Act No. 9262 or the “Anti-Violence Against Women and Their Children Act of
2004”, shall coordinate, monitor and evaluate the activities outlined in the annual eighteen (18)-day
campaign at the national level.
At the regional level, the Regional Inter-Agency Committee on Anti-Trafficking-Violence

Against Women and Their Children (RIACAT-VAWC) shall likewise coordinate, monitor and evaluate
said activities for the annual campaign at the provincial, city, municipal and barangay levels. They shall
also make an annual report of their findings to be reported to the public every November 25.
The PCW, the IACAT and the IAC-VAWC shall likewise coordinate and tap the expertise of other
government agencies and institutions like the Movie and Television Review and Classification Board
(MTRCB) and the Overseas Workers Welfare Administration (OWWA), as well as other private sector
organizations in the implementation of activities for the eighteen (18)-day campaign.
SECTION 5. Funds for the implementation of the aforestated activities, programs and projects
shall be taken out of the five percent (5%) Gender and Development budget allocated to all government
agencies and local government units, as mandated by SECTION 36 of Republic Act No. 9710 or
“The Magna Carta of Women”.
SECTION 6. If, for any reason, any SECTION or provision of this Act is held to be unconstitutional
or invalid, the validity of other SECTIONs herein shall not be affected thereby.
SECTION 7. This Act shall take effect fifteen (15) days following its publication in two (2) national
newspapers of general circulation.
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Title of Law: An Act Expanding Republic Act No 9208, Entitled “An Act to institute Policies to
Eliminate Trafficking in Persons Especially Women and Children, Establishing the Necessary
institutional Mechanisms for the Protection and Support of Trafficked Persons, Providing
Penalties for Its Violations and for Other Purposes
Short Title: Expanded Trafficking in Persons Act of 2012
Amended by: N/A
Implementing Rules and Regulation: see 2022 Implementing Rules and Regulations of
Republic Act (R.A.) No. 9208 (The “Anti-Trafficking in Persons Act Of 2003”), as
Amended by R.A. No. 10364 (The Expanded Anti-Trafficking in Persons Act Of 2012) and
further Amended by R.A. No. 11862 (The Expanded Anti-Trafficking in Persons Act Of 2022)
(March 18, 2023)
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER PURPOSES”
SECTION 1. Short Title. — This Act shall be known as the “Expanded Anti-Trafficking in Persons
Act of 2012”.
“SEC. 2. Declaration of Policy. — It is hereby declared that the State values the
dignity of every human person and guarantees the respect of individual rights. In pursuit
of this policy, the State shall give highest priority to the enactment of measures and
development of programs that will promote human dignity, protect the people from any
threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures
for involuntary migration and servitude of persons, not only to support trafficked persons
but more importantly, to ensure their recovery, rehabilitation and reintegration into the
mainstream of society.
“It shall be a State policy to recognize the equal rights and inherent human dignity
of women and men as enshrined in the United Nations Universal Declaration on Human
Rights, United Nations Convention on the Elimination of All Forms of Discrimination Against
Women, United Nations Convention on the Rights of the Child, United Nations Convention
on the Protection of Migrant Workers and their Families, United Nations Convention
Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children and all other relevant and
universally accepted human rights instruments and other international conventions to
which the Philippines is a signatory.”
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“SEC. 3. Definition of Terms. — As used in this Act:
“(a) Trafficking in Persons — refers to the recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, harboring, or receipt of
persons with or without the victim’s consent or knowledge, within or across
national borders by means of threat, or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation which includes at
a minimum, the exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.
“The recruitment, transportation, transfer, harboring, adoption or receipt of a child
for the purpose of exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall also be considered as
‘trafficking in persons’ even if it does not involve any of the means set forth
in the preceding paragraph.
“(b) Child — refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself
from abuse, neglect, cruelty, exploitation, or discrimination because of a
physical or mental disability or condition.
“(c) Prostitution — refers to any act, transaction, scheme or design involving the
use of a person by another, for sexual intercourse or lascivious conduct in
exchange for money, profit or any other consideration.
“(d) Forced Labor — refers to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception including any work or service
extracted from any person under the menace of penalty.
“(e) Slavery — refers to the status or condition of a person over whom any or all of
the powers attaching to the right of ownership are exercised.
“(f) Involuntary Servitude — refers to a condition of enforced and compulsory
service induced by means of any scheme, plan or pattern, intended to
cause a person to believe that if he or she did not enter into or continue in
such condition, he or she or another person would suffer serious harm or
other forms of abuse or physical restraint, or threat of abuse or harm, or
coercion including depriving access to travel documents and withholding
salaries, or the abuse or threatened abuse of the legal process. HCSEIT
“(g) Sex Tourism — refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual services as enticement
for tourists. This includes sexual services and practices offered during rest
and recreation periods for members of the military.
“(h) Sexual Exploitation — refers to participation by a person in prostitution,
pornography or the production of pornography, in exchange for money,
profit or any other consideration or where the participation is caused or
facilitated by any means of intimidation or threat, use of force, or other
forms of coercion, abduction, fraud, deception, debt bondage, abuse
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of power or of position or of legal process, taking advantage of the
vulnerability of the person, or giving or receiving of payments or benefits
to achieve the consent of a person having control over another person;
or in sexual intercourse or lascivious conduct caused or facilitated by any
means as provided in this Act.
“(i) Debt Bondage — refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
“(j) Pornography — refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever
means, of a person engaged in real or simulated explicit sexual activities
or any representation of the sexual parts of a person for primarily sexual
purposes.
“(k) Council — shall mean the Inter-Agency Council Against Trafficking created
under SECTION 20 of this Act.”
“SEC. 4. Acts of Trafficking in Persons. — It shall be unlawful for any person, natural
or juridical, to commit any of the following acts:
“(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or
receive a person by any means, including those done under the pretext of
domestic or overseas employment or training or apprenticeship, for the
purpose of prostitution, pornography, or sexual exploitation;
“(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955,
any Filipino woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
“(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
“(d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
“(e) To maintain or hire a person to engage in prostitution or pornography;
“(f) To adopt persons by any form of consideration for exploitative purposes or
to facilitate the same for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
“(g) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
“(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide,
offer, receive or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal
or sale of organs of said person;
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“(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide,
receive or adopt a child to engage in armed activities in the Philippines or
abroad;
“(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or
receive a person by means defined in SECTION 3 of this Act for purposes
of forced labor, slavery, debt bondage and involuntary servitude, including
a scheme, plan, or pattern intended to cause the person either:
“(1) To believe that if the person did not perform such labor or services,
he or she or another person would suffer serious harm or physical
restraint; or
“(2) To abuse or threaten the use of law or the legal processes; and
“(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide,
adopt or receive a child for purposes of exploitation or trading them,
including but not limited to, the act of buying and/or selling a child for
any consideration or for barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include:
“(1) All forms of slavery or practices similar to slavery, involuntary servitude,
debt bondage and forced labor, including recruitment of children
for use in armed conflict;
“(2) The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances;
“(3) The use, procuring or offering of a child for the production and
trafficking of drugs; and
“(4) The use, procuring or offering of a child for illegal activities or work
which, by its nature or the circumstances in which it is carried out,
is likely to harm their health, safety or morals; and
“(l) To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act.”
SECTION 5. A new SECTION 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-A.Attempted Trafficking in Persons. — Where there are acts to initiate
the commission of a trafficking offense but the offender failed to or did not execute all
the elements of the crime, by accident or by reason of some cause other than voluntary
desistance, such overt acts shall be deemed as an attempt to commit an act of trafficking
in persons. As such, an attempt to commit any of the offenses enumerated in SECTION 4
of this Act shall constitute attempted trafficking in persons.
“In cases where the victim is a child, any of the following acts shall also be deemed
as attempted trafficking in persons:
“(a) Facilitating the travel of a child who travels alone to a foreign country or
territory without valid reason therefor and without the required clearance
or permit from the Department of Social Welfare and Development, or a
written permit or justification from the child’s parent or legal guardian;
“(b) Executing, for a consideration, an affidavit of consent or a written consent for
adoption;
“(c) Recruiting a woman to bear a child for the purpose of selling the child;
“(d) Simulating a birth for the purpose of selling the child; and
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“(e) Soliciting a child and acquiring the custody thereof through any means from
among hospitals, clinics, nurseries, daycare centers, refugee or evacuation
centers, and low-income families, for the purpose of selling the child.”
SECTION 6. A new SECTION 4-B is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-B. Accomplice Liability. — Whoever knowingly aids, abets, cooperates in
the execution of the offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of SECTION 10(c) of this Act.”
SECTION 7. A new SECTION 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-C. Accessories. — Whoever has the knowledge of the commission of the
crime, and without having participated therein, either as principal or as accomplices, take
part in its commission in any of the following manners:
“(a) By profiting themselves or assisting the offender to profit by the effects of
the crime;
“(b) By concealing or destroying the body of the crime or effects or instruments
thereof, in order to prevent its discovery;
“(c) By harboring, concealing or assisting in the escape of the principal of the crime,
provided the accessory acts with abuse of his or her public functions or is
known to be habitually guilty of some other crime.
“Acts defined in this provision shall be punished in accordance with the provision
of SECTION 10(d) as stated thereto.”
“SEC. 5. Acts That Promote Trafficking in Persons. — The following acts which
promote or facilitate trafficking in persons, shall be unlawful:
“(a) . . .
“(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers, overseas employment certificates or other
certificates of any government agency which issues these certificates,
decals and such other markers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;
“(c) . . .
“(d) . . .
“(e) . . .
“(f) . . .
“(g) . . .
“(h) To tamper with, destroy, or cause the destruction of evidence, or to influence
or attempt to influence witnesses, in an investigation or prosecution of a
case under this Act;
“(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy,
conceal, remove, confiscate or possess, any actual or purported passport
or other travel, immigration or working permit or document, or any other
actual or purported government identification, of any person in order
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to prevent or restrict, or attempt to prevent or restrict, without lawful
authority, the person’s liberty to move or travel in order to maintain the
labor or services of that person; or
“(j) To utilize his or her office to impede the investigation, prosecution or execution
of lawful orders in a case under this Act.”
“SEC. 6. Qualified Trafficking in Persons. — Violations of SECTION 4 of this Act
shall be considered as qualified trafficking:
“xxx xxx xxx
“(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee;
“xxx xxx xxx
“(f) When the offender is a member of the military or law enforcement agencies;
“(g) When by reason or on occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS);
“(h) When the offender commits one or more violations of SECTION 4 over a
period of sixty (60) or more days, whether those days are continuous or not; and
“(i)When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking.”
“SEC. 7. Confidentiality. — At any stage of the investigation, rescue, prosecution
and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court
personnel, social workers and medical practitioners, as well as parties to the case, shall
protect the right to privacy of the trafficked person. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been referred may, whenever
necessary to ensure a fair and impartial proceeding, and after considering all circumstances
for the best interest of the parties, order a closed-door investigation, prosecution or trial.
The name and personal circumstances of the trafficked person or any other information
tending to establish the identity of the trafficked person and his or her family shall not be
disclosed to the public.
“It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio, producer and
director of a film in case of the movie industry, or any person utilizing tri-media facilities or
electronic information technology to cause publicity of the name, personal circumstances,
or any information tending to establish the identity of the trafficked person except when
the trafficked person in a written statement duly notarized knowingly, voluntarily and
willingly waives said confidentiality.
“Law enforcement officers, prosecutors, judges, court personnel, social workers
and medical practitioners shall be trained on the importance of maintaining confidentiality
as a means to protect the right to privacy of victims and to encourage victims to file
complaints.”
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“SEC. 8. Initiation and Prosecution of Cases. —
“(a) Initiation of Investigation. — Law enforcement agencies are mandated to
immediately initiate investigation and counter-trafficking-intelligence
gathering upon receipt of statements or affidavit from victims of trafficking,
migrant workers, or their families who are in possession of knowledge or
information about trafficking in persons cases.
“(b) Prosecution of Cases. — Any person who has personal knowledge of the
commission of any offense under this Act, such as the trafficked person,
the parents, spouse, siblings, children or legal guardian may file a complaint
for trafficking.
“(c) Affidavit of Desistance. — Cases involving trafficking in persons should not
be dismissed based on the affidavit of desistance executed by the victims
or their parents or legal guardians. Public and private prosecutors are
directed to oppose and manifest objections to motions for dismissal.
“Any act involving the means provided in this Act or any attempt thereof for the
purpose of securing an Affidavit of Desistance from the complainant shall be punishable
under this Act.”
“SEC. 10.Penalties and Sanctions. — The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:
“(a) Any person found guilty of committing any of the acts enumerated in SECTION
4 shall suffer the penalty of imprisonment of twenty (20) years and a fine
of not less than One million pesos (P1,000,000.00) but not more than Two
million pesos (P2,000,000.00);
“(b) Any person found guilty of committing any of the acts enumerated in SECTION
4-A of this Act shall suffer the penalty of imprisonment of fifteen (15) years
and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);
“(c) Any person found guilty of SECTION 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
“In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment agency involved in trafficking.
The license of a recruitment agency which trafficked a child shall be
automatically revoked.
“(d) Any person found guilty of committing any of the acts enumerated in SECTION
5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00);
“(e) Any person found guilty of qualified trafficking under SECTION 6 shall suffer
the penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
“(f) Any person who violates SECTION 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
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“(g) If the offender is a corporation, partnership, association, club, establishment
or any juridical person, the penalty shall be imposed upon the owner,
president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
“(h) The registration with the Securities and Exchange Commission (SEC) and license
to operate of the erring agency, corporation, association, religious group,
tour or travel agent, club or establishment, or any place of entertainment
shall be cancelled and revoked permanently. The owner, president, partner
or manager thereof shall not be allowed to operate similar establishments
in a different name;
“(i) If the offender is a foreigner, he or she shall be immediately deported after
serving his or her sentence and be barred permanently from entering the
country;
“(j) Any employee or official of government agencies who shall issue or approve
the issuance of travel exit clearances, passports, registration certificates,
counseling certificates, marriage license, and other similar documents to
persons, whether juridical or natural, recruitment agencies, establishments
or other individuals or groups, who fail to observe the prescribed procedures
and the requirement as provided for by laws, rules and regulations, shall
be held administratively liable, without prejudice to criminal liability under
this Act. The concerned government official or employee shall, upon
conviction, be dismissed from the service and be barred permanently to
hold public office. His or her retirement and other benefits shall likewise be
forfeited; and
“(k) Conviction, by final judgment of the adopter for any offense under this Act
shall result in the immediate rescission of the decree of adoption.”
“SEC. 11. Use of Trafficked Persons. — Any person who buys or engages the services
of a trafficked person for prostitution shall be penalized with the following: Provided, That
the Probation Law (Presidential Decree No. 968) shall not apply:
“(a) Prision Correccional in its maximum period to prision mayor or six (6) years to
twelve (12) years imprisonment and a fine of not less than Fifty thousand
pesos (P50,000.00) but not more than One hundred thousand pesos
(P100,000.00): Provided, however, That the following acts shall be
exempted thereto:
“(1) If an offense under paragraph (a) involves sexual intercourse or
lascivious conduct with a child, the penalty shall be reclusion
temporal in its medium period to reclusion perpetua or seventeen
(17) years to forty (40) years imprisonment and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00);
“(2) If an offense under paragraph (a) involves carnal knowledge of, or
sexual intercourse with, a male or female trafficking victim and also
involves the use of force or intimidation, to a victim deprived of
reason or to an unconscious victim, or a victim under twelve (12)
years of age, instead of the penalty prescribed in the subparagraph
above the penalty shall be a fine of not less than One million
pesos (P1,000,000.00) but not more than Five million pesos
(P5,000,000.00) and imprisonment of reclusion perpetua or forty
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(40) years imprisonment with no possibility of parole; except that if
a person violating paragraph (a) of this SECTION knows the person
that provided prostitution services is in fact a victim of trafficking,
the offender shall not be likewise penalized under this SECTION
but under SECTION 10 as a person violating SECTION 4; and if in
committing such an offense, the offender also knows a qualifying
circumstance for trafficking, the offender shall be penalized under
SECTION 10 for qualified trafficking. If in violating this SECTION the
offender also violates SECTION 4, the offender shall be penalized
under SECTION 10 and, if applicable, for qualified trafficking instead
of under this SECTION;
“(b) Deportation. — If a foreigner commits any offense described by paragraph (1)
or (2) of this SECTION or violates any pertinent provision of this Act as an
accomplice or accessory to, or by attempting any such offense, he or she
shall be immediately deported after serving his or her sentence and be
barred permanently from entering the country; and SDHAEC
“(c) Public Official. — If the offender is a public official, he or she shall be dismissed
from service and shall suffer perpetual absolute disqualification to hold
public office, in addition to any imprisonment or fine received pursuant to
any other provision of this Act.”
“SEC. 12. Prescriptive Period. — Trafficking cases under this Act shall prescribe in
ten (10) years: Provided, however, That trafficking cases committed by a syndicate or in a
large scale as defined under SECTION 6, or against a child, shall prescribe in twenty (20)
years.
“The prescriptive period shall commence to run from the day on which the
trafficked person is delivered or released from the conditions of bondage, or in the
case of a child victim, from the day the child reaches the age of majority, and shall be
interrupted by the filing of the complaint or information and shall commence to run again
when the proceedings terminate without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the accused.”
“SEC. 16. Programs That Address Trafficking in Persons. — The government shall
establish and implement preventive, protective and rehabilitative programs for trafficked
persons. For this purpose, the following agencies are hereby mandated to implement the
following programs:
“(a) Department of Foreign Affairs (DFA) — shall make available its resources
and facilities overseas for trafficked persons regardless of their manner
of entry to the receiving country, and explore means to further enhance
its assistance in eliminating trafficking activities through closer networking
with government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs. It shall
provide Filipino victims of trafficking overseas with free legal assistance
and counsel to pursue legal action against his or her traffickers, represent
his or her interests in any criminal investigation or prosecution, and assist
in the application for social benefits and/or regular immigration status
as may be allowed or provided for by the host country. The DFA shall
repatriate trafficked Filipinos with the consent of the victims.
“The DFA shall take necessary measures for the efficient implementation of
the Electronic Passporting System to protect the integrity of Philippine
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passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
“In coordination with the Department of Labor and Employment, it shall provide
free temporary shelters and other services to Filipino victims of trafficking
overseas through the migrant workers and other overseas Filipinos
resource centers established overseas under Republic Act No. 8042, as
amended.
“(b) Department of Social Welfare and Development (DSWD) — shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop
a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.
It shall establish free temporary shelters, for the protection and housing
of trafficked persons to provide the following basic services to trafficked
persons:
“(1) Temporary housing and food facilities;
“(2) Psychological support and counseling;
“(3) 24-hour call center for crisis calls and technology-based counseling
and referral system;
“(4) Coordination with local law enforcement entities; and
“(5) Coordination with the Department of Justice, among others.
“The DSWD must conduct information campaigns in communities and schools
teaching parents and families that receiving consideration in exchange for
adoption is punishable under the law. Furthermore, information campaigns
must be conducted with the police that they must not induce poor women
to give their children up for adoption in exchange for consideration.
“(c) Department of Labor and Employment (DOLE) — shall ensure the strict
implementation and compliance with the rules and guidelines relative to
the employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers
and labor recruiters.
“(d) Department of Justice (DOJ) — shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who
shall handle and prosecute cases of trafficking. It shall also establish a
mechanism for free legal assistance for trafficked persons, in coordination
with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs
and volunteer groups.
“(e) Philippine Commission on Women (PCW) — shall actively participate and
coordinate in the formulation and monitoring of policies addressing the
issue of trafficking in persons in coordination with relevant government
agencies. It shall likewise advocate for the inclusion of the issue of trafficking
in persons in both its local and international advocacy for women’s issues.
“(f) Bureau of Immigration (BI) — shall strictly administer and enforce immigration
and alien administration laws. It shall adopt measures for the apprehension
of suspected traffickers both at the place of arrival and departure and shall
ensure compliance by the Filipino fiancés/fiancées and spouses of foreign
nationals with the guidance and counseling requirement as provided for in
this Act.
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“(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI) —
shall be the primary law enforcement agencies to undertake surveillance,
investigation and arrest of individuals or persons suspected to be engaged
in trafficking. They shall closely coordinate with each other and with
other law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. They shall also
establish a system to receive complaints and calls to assist trafficked
persons and conduct rescue operations. TEHDIA
“(h) Philippine Overseas Employment Administration (POEA) and Overseas
Workers and Welfare Administration (OWWA) — POEA shall implement
Pre-Employment Orientation Seminars (PEOS) while Pre-Departure
Orientation Seminars (PDOS) shall be conducted by the OWWA. It shall
likewise formulate a system of providing free legal assistance to trafficked
persons, in coordination with the DFA.
“The POEA shall create a blacklist of recruitment agencies, illegal recruiters and
persons facing administrative, civil and criminal complaints for trafficking
filed in the receiving country and/or in the Philippines and those agencies,
illegal recruiters and persons involved in cases of trafficking who have
been rescued by the DFA and DOLE in the receiving country or in the
Philippines even if no formal administrative, civil or criminal complaints have
been filed: Provided, That the rescued victims shall execute an affidavit
attesting to the acts violative of the anti-trafficking law. This blacklist shall
be posted in conspicuous places in concerned government agencies and
shall be updated bi-monthly.
“The blacklist shall likewise be posted by the POEA in the shared government
information system, which is mandated to be established under Republic
Act No. 8042, as amended.
“The POEA and OWWA shall accredit NGOs and other service providers to conduct
PEOS and PDOS, respectively. The PEOS and PDOS should include the
discussion and distribution of the blacklist.
“The license or registration of a recruitment agency that has been blacklisted may
be suspended by the POEA upon a review of the complaints filed against
said agency.
“(i) Department of the Interior and Local Government (DILG) — shall institute a
systematic information and prevention campaign in coordination with
pertinent agencies of government as provided for in this Act. It shall
provide training programs to local government units, in coordination with
the Council, in ensuring wide understanding and application of this Act at
the local level.
“(j) Commission on Filipinos Overseas — shall conduct pre-departure counseling
services for Filipinos in intermarriages. It shall develop a system for
accreditation of NGOs that may be mobilized for purposes of conducting
pre-departure counseling services for Filipinos in intermarriages. As such,
it shall ensure that the counselors contemplated under this Act shall have
the minimum qualifications and training of guidance counselors as provided
for by law
“It shall likewise assist in the conduct of information campaigns against trafficking
in coordination with local government units, the Philippine Information
Agency, and NGOs.
“(k) Local government units (LGUs) — shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation
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of licenses of establishments which violate the provisions of this Act and
ensure effective prosecution of such cases. They shall also undertake
an information campaign against trafficking in persons through the
establishment of the Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination with the DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO),
NGOs and other concerned agencies. They shall encourage and support
community-based initiatives which address the trafficking in persons.
“In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people’s organizations (POs), civic organizations and other volunteer
groups.”
SECTION 16. A new SECTION 16-A is hereby inserted into Republic Act No. 9208, to read as
follows:
“SEC. 16-A. Anti-Trafficking in Persons Database. — An anti-trafficking in persons
central database shall be established by the Inter-Agency Council Against Trafficking
created under SECTION 20 of this Act. The Council shall submit a report to the President
of the Philippines and to Congress, on or before January 15 of every year, with respect to
the preceding year’s programs and data on trafficking-related cases.
“All government agencies tasked under the law to undertake programs and render
assistance to address trafficking in persons shall develop their respective monitoring and
data collection systems, and databases, for purposes of ensuring efficient collection and
storage of data on cases of trafficking in persons handled by their respective offices. Such
data shall be submitted to the Council for integration in a central database system.
“For this purpose, the Council is hereby tasked to ensure the harmonization and
standardization of databases, including minimum data requirements, definitions, reporting
formats, data collection systems, and data verification systems. Such databases shall
have, at the minimum, the following information:
“(a) The number of cases of trafficking in persons, sorted according to status of
cases, including the number of cases being investigated, submitted for
prosecution, dropped, and filed and/or pending before the courts and the
number of convictions and acquittals;
“(b) The profile/information on each case;
“(c) The number of victims of trafficking in persons referred to the agency by
destination countries/areas and by area of origin; and
“(d) Disaggregated data on trafficking victims and the accused/defendants.”
“SEC. 17. Legal Protection to Trafficked Persons. — Trafficked persons shall be
recognized as victims of the act or acts of trafficking and as such, shall not be penalized
for unlawful acts committed as a direct result of, or as an incident or in relation to, being
trafficked based on the acts of trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto. In this regard, the consent of a trafficked
person to the intended exploitation set forth in this Act shall be irrelevant.
“Victims of trafficking for purposes of prostitution as defined under SECTION 4 of
this Act are not covered by Article 202 of the Revised Penal Code and as such, shall not
be prosecuted, fined, or otherwise penalized under the said law.”
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follows:
“SEC. 17-A. Temporary Custody of Trafficked Victims. — The rescue of victims
should be done as much as possible with the assistance of the DSWD or an accredited
NGO that services trafficked victims. A law enforcement officer, on a reasonable suspicion
that a person is a victim of any offense defined under this Act including attempted
trafficking, shall immediately place that person in the temporary custody of the local
social welfare and development office, or any accredited or licensed shelter institution
devoted to protecting trafficked persons after the rescue.”
SECTION 19. A new SECTION 17-B is hereby inserted into Republic Act No. 9208, to read as
follows:
“SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of
Victims and of Consent of Victims in Cases of Deception, Coercion and Other Prohibited
Means. — The past sexual behavior or the sexual predisposition of a trafficked person
shall be considered inadmissible in evidence for the purpose of proving consent of the
victim to engage in sexual behavior, or to prove the predisposition, sexual or otherwise,
of a trafficked person. Furthermore, the consent of a victim of trafficking to the intended
exploitation shall be irrelevant where any of the means set forth in SECTION 3(a) of this
Act has been used.”
SECTION 20. A new SECTION 17-C is hereby inserted into Republic Act No. 9208, to read as
follows:
“SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. — No
action or suit shall be brought, instituted or maintained in any court or tribunal or before
any other authority against any: (a) law enforcement officer; (b) social worker; or (c)
person acting in compliance with a lawful order from any of the above, for lawful acts done
or statements made during an authorized rescue operation, recovery or rehabilitation/
intervention, or an investigation or prosecution of an anti-trafficking case: Provided, That
such acts shall have been made in good faith.
“The prosecution of retaliatory suits against victims of trafficking shall be held in
abeyance pending final resolution and decision of criminal complaint for trafficking.
“It shall be prohibited for the DFA, the DOLE, and the POEA officials, law
enforcement officers, prosecutors and judges to urge complainants to abandon their
criminal, civil and administrative complaints for trafficking.
“The remedies of injunction and attachment of properties of the traffickers, illegal
recruiters and persons involved in trafficking may be issued motu proprio by judges.”
“SEC. 20.Inter-Agency Council Against Trafficking. — There is hereby established
an Inter-Agency Council Against Trafficking, to be composed of the Secretary of the
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as members:
“(a) Secretary, Department of Foreign Affairs;
“(b) Secretary, Department of Labor and Employment;
“(c) Secretary, Department of the Interior and Local Government;
“(d) Administrator, Philippine Overseas Employment Administration;
“(e) Commissioner, Bureau of Immigration;
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“(f) Chief, Philippine National Police;
“(g) Chairperson, Philippine Commission on Women;
“(h) Chairperson, Commission on Filipinos Overseas;
“(i) Executive Director, Philippine Center for Transnational Crimes; and
“(j) Three (3) representatives from NGOs, who shall include one (1) representative
each from among the sectors representing women, overseas Filipinos,
and children, with a proven record of involvement in the prevention and
suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
“The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to meetings,
and shall receive emoluments as may be determined by the Council in accordance with
existing budget and accounting rules and regulations.”
“SEC. 22. Secretariat to the Council. — The Department of Justice shall establish
the necessary Secretariat for the Council.
“The secretariat shall provide support for the functions and projects of the Council.
The secretariat shall be headed by an executive director, who shall be appointed by the
Secretary of the DOJ upon the recommendation of the Council. The executive director
must have adequate knowledge on, training and experience in the phenomenon of and
issues involved in trafficking in persons and in the field of law, law enforcement, social
work, criminology, or psychology.
“The executive director shall be under the supervision of the Inter-Agency Council
Against Trafficking through its Chairperson and Co-Chairperson, and shall perform the
following functions:
“(a) Act as secretary of the Council and administrative officer of its secretariat;
“(b) Advise and assist the Chairperson in formulating and implementing the
objectives, policies, plans and programs of the Council, including those
involving mobilization of government offices represented in the Council as
well as other relevant government offices, task forces, and mechanisms;
“(c) Serve as principal assistant to the Chairperson in the overall supervision of
council administrative business;
“(d) Oversee all council operational activities;
“(e) Ensure an effective and efficient performance of council functions and prompt
implementation of council objectives, policies, plans and programs;
“(f) Propose effective allocations of resources for implementing council objectives,
“(g) Submit periodic reports to the Council on the progress of council objectives,
“(h) Prepare annual reports of all council activities; and
“(i) Perform other duties as the Council may assign.”
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SECTION 23. A new SECTION 26-A is hereby inserted into Republic Act No. 9208, to read as follows:
“SEC. 26-A. Extra-Territorial Jurisdiction. — The State shall exercise jurisdiction over
any act defined and penalized under this Act, even if committed outside the Philippines
and whether or not such act or acts constitute an offense at the place of commission, the
crime being a continuing offense, having been commenced in the Philippines and other
elements having been committed in another country, if the suspect or accused:
“(a) Is a Filipino citizen; or
“(b) Is a permanent resident of the Philippines; or
“(c) Has committed the act against a citizen of the Philippines.
“No prosecution may be commenced against a person under this SECTION if a
foreign government, in accordance with jurisdiction recognized by the Philippines, has
prosecuted or is prosecuting such person for the conduct constituting such offense,
except upon the approval of the Secretary of Justice.
“The government may surrender or extradite persons accused of trafficking in the
Philippines to the appropriate international court if any, or to another State pursuant to
the applicable extradition laws and treaties.”
SECTION 24. SECTION 28 of Republic Act No. 9208 is hereby amended, to read as follows:
“SEC. 28. Funding. — The amount necessary to implement the provisions of this
Act shall be charged against the current year’s appropriations of the Inter-Agency Council
Against Trafficking under the budget of the DOJ and the appropriations of the other
concerned departments. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.”
follows:
“SEC. 28-A. Additional Funds for the Council. — The amount collected from every
penalty, fine or asset derived from any violation of this Act shall be earmarked as additional
funds for the use of the Council. The fund may be augmented by grants, donations and
endowment from various sources, domestic or foreign, for purposes related to their
functions, subject to the existing accepted rules and regulations of the Commission on
Audit.”
SECTION 26. SECTION 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended
to read as follows:
“SEC. 32. Repealing Clause. — Article 202 of the Revised Penal Code, as amended,
and all laws, acts, presidential decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly: Provided, That this Act shall not in any way
amend or repeal the provisions of Republic Act No. 7610, otherwise known as the ‘Special
Protection of Child Against Child Abuse, Exploitation and Discrimination Act.’”
“SEC. 33. Effectivity. — This Act shall take effect fifteen (15) days following its
complete publication in at least two (2) newspapers of general circulation.”
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Title of Law: An Act Instituting Policies for the Protection and Welfare of Domestic Workers
Short Title: Domestic Workers Act or Batas Kasambahay

Category of Child’s Rights: Development and Protection

Amended by: N/A
No. 10361, otherwise known as The “Domestic Workers Act” Or “Batas Kasambahay” (May 9,
2013)
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Domestic Workers Act” or “Batas
Kasambahay”.
SECTION 2. Declaration of Policies. — It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to respect,
promote, protect and realize the fundamental principles and rights at work including,
but not limited to, abolition of child labor, elimination of all forms of forced labor,
discrimination in employment and occupation, and trafficking in persons, especially
women and children;
(b) The State adheres to internationally accepted working conditions for workers in general,
and establishes labor standards for domestic workers in particular, towards decent
employment and income, enhanced coverage of social protection, respect for human
rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against abuse,
harassment, violence, economic exploitation and performance of work that is hazardous
to their physical and mental health; and
(d) The State, in protecting domestic workers and recognizing their special needs to ensure
safe and healthful working conditions, promotes gender-sensitive measures in the
formulation and implementation of policies and programs affecting the local domestic
work.
SECTION 3. Coverage. — This Act applies to all domestic workers employed and working within
the country.
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SECTION 4. Definition of Terms. — As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker as security or
payment for a debt where the length and nature of service is not clearly defined or
when the value of the service is not reasonably applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the transfer of
the domestic worker from place of origin to the place of work covering the cost of
transportation. Advances or loans by the domestic worker are not included in the
definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or households.
(d) Domestic worker or “Kasambahay” refers to any person engaged in domestic work
within an employment relationship such as, but not limited to, the following: general
househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude
any person who performs domestic work only occasionally or sporadically and not on
an occupational basis.
The term shall not include children who are under foster family arrangement, and are provided access
to education and given an allowance incidental to education, i.e., “baon”, transportation,
school projects and school activities.
(e) Employer refers to any person who engages and controls the services of a domestic worker
and is party to the employment contract.
(f) Household refers to the immediate members of the family or the occupants of the house that
are directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate partnership, corporation
or entity licensed to engage in the recruitment and placement of domestic workers for
local employment.
(h) Working children, as used under this Act, refers to domestic workers who are fifteen (15)
years old and above but below eighteen (18) years old.
ARTICLE II
Rights and Privileges
SECTION 5. Standard of Treatment. — The employer or any member of the household shall
not subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical
violence or harassment or any act tending to degrade the dignity of a domestic worker.
SECTION 6. Board, Lodging and Medical Attendance. — The employer shall provide for the
basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane
sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case of
illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to the domestic worker.
SECTION 7. Guarantee of Privacy. — Respect for the privacy of the domestic worker shall be
guaranteed at all times and shall extend to all forms of communication and personal effects. This guarantee
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equally recognizes that the domestic worker is obliged to render satisfactory service at all times.
SECTION 8. Access to Outside Communication. — The employer shall grant the domestic worker
access to outside communication during free time: Provided, That in case of emergency, access to
communication shall be granted even during work time. Should the domestic worker make use of
the employer’s telephone or other communication facilities, the costs shall be borne by the domestic
worker, unless such charges are waived by the employer.
SECTION 9. Right to Education and Training. — The employer shall afford the domestic worker
the opportunity to finish basic education and may allow access to alternative learning systems and, as
far as practicable, higher education or technical and vocational training. The employer shall adjust the
work schedule of the domestic worker to allow such access to education or training without hampering
the services required by the employer.
SECTION 10. Prohibition Against Privileged Information. — All communication and information
pertaining to the employer or members of the household shall be treated as privileged and confidential,
and shall not be publicly disclosed by the domestic worker during and after employment. Such
privileged information shall be inadmissible in evidence except when the suit involves the employer or
any member of the household in a crime against persons, property, personal liberty and security, and
chastity.
ARTICLE III
Pre-Employment
SECTION 11. Employment Contract. — An employment contract shall be executed by and

between the domestic worker and the employer before the commencement of the service in a language
or dialect understood by both the domestic worker and the employer. The domestic worker shall be
provided a copy of the duly signed employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model employment contract
for domestic workers which shall, at all times, be made available free of charge to domestic workers,
employers, representative organizations and the general public. The DOLE shall widely disseminate
information to domestic workers and employers on the use of such model employment contract.
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In cases where the employment of the domestic worker is facilitated through a private
employment agency, the PEA shall keep a copy of all employment contracts of domestic workers and
shall be made available for verification and inspection by the DOLE.
SECTION 12. Pre-Employment Requirement. — Prior to the execution of the employment

contract, the employer may require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document showing the
age of the domestic worker such as voter’s identification card, baptismal record or
passport.
However, SECTION 12 (a), (b), (c) and (d) shall be standard requirements when the employment
of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as the case
may be.
SECTION 13. Recruitment and Finder’s Fees. — Regardless of whether the domestic worker was
hired through a private employment agency or a third party, no share in the recruitment or finder’s fees
shall be charged against the domestic worker by the said private employment agency or third party.
SECTION 14. Deposits for Loss or Damage. — It shall be unlawful for the employer or any other
person to require a domestic worker to make deposits from which deductions shall be made for the
reimbursement of loss or damage to tools, materials, furniture and equipment in the household.
SECTION 15. Prohibition on Debt Bondage. — It shall be unlawful for the employer or any person
acting on behalf of the employer to place the domestic worker under debt bondage.
SECTION 16. Employment Age of Domestic Workers. — It shall be unlawful to employ any person
below fifteen (15) years of age as a domestic worker. Employment of working children, as defined under
this Act, shall be subject to the provisions of SECTION 10 (A), paragraph 2 of SECTION 12-A, paragraph
4 of SECTION 12-D, and SECTION 13 of Republic Act No. 7610, as amended, otherwise known as the
“Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”.
Working children shall be entitled to minimum wage, and all benefits provided under this Act.
Any employer who has been sentenced by a court of law of any offense against a working child
under this Act shall be meted out with a penalty one degree higher and shall be prohibited from hiring
a working child.
SECTION 17. Employer’s Reportorial Duties. — The employers shall register all domestic workers
under their employment in the Registry of Domestic Workers in the barangay where the employer’s
residence is located. The Department of the Interior and Local Government (DILG) shall, in coordination
with the DOLE, formulate a registration system for this purpose.
SECTION 18. Skills Training, Assessment and Certification. — To ensure productivity and assure
quality services, the DOLE, through the Technical Education and Skills Development Authority (TESDA),
shall facilitate access of domestic workers to efficient training, assessment and certification based on a
duly promulgated training regulation
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ARTICLE IV
Employment — Terms and Conditions
SECTION 19. Health and Safety. — The employer shall safeguard the health and safety of the
domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar
nature of domestic work.
SECTION 20. Daily Rest Period. — The domestic worker shall be entitled to an aggregate daily
rest period of eight (8) hours per day.
SECTION 21. Weekly Rest Period. — The domestic worker shall be entitled to at least twenty-
four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in
writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer
shall respect the preference of the domestic worker as to the weekly rest day when such preference
is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the
employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SECTION 22. Assignment to Nonhousehold Work. — No domestic worker shall be assigned to

work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for
agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable
minimum wage.
SECTION 23. Extent of Duty. — The domestic worker and the employer may mutually agree
for the former to temporarily perform a task that is outside the latter’s household for the benefit of
another household. However, any liability that will be incurred by the domestic worker on account of
such arrangement shall be borne by the original employer. In addition, such work performed outside
the household shall entitle the domestic worker to an additional payment of not less than the existing
minimum wage rate of a domestic worker. It shall be unlawful for the original employer to charge any
amount from the said household where the service of the domestic worker was temporarily performed.
SECTION 24. Minimum Wage. — The minimum wage of domestic workers shall not be less than
the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National
Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first
class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other
municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional
Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust
the minimum wage rates of domestic workers. IAETSC
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SECTION 25. Payment of Wages. — Payment of wages shall be made on time directly to the
domestic worker to whom they are due in cash at least once a month. The employer, unless allowed
by the domestic worker through a written consent, shall make no deductions from the wages other
than that which is mandated by law. No employer shall pay the wages of a domestic worker by means
of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage
as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
SECTION 26. Pay Slip. — The employer shall at all times provide the domestic worker with a
copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions
made, if any. The copies of the pay slip shall be kept by the employer for a period of three (3) years.
SECTION 27. Prohibition on Interference in the Disposal of Wages. — It shall be unlawful for the
employer to interfere with the freedom of any domestic worker to dispose of the latter’s wages. The
employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities
or other properties from the employer or from any other person, or otherwise make use of any store
or services of such employer or any other person.
SECTION 28. Prohibition Against Withholding of Wages. — It shall be unlawful for an employer,
directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves
without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall be
forfeited. Likewise, the employer shall not induce the domestic worker to give up any part of the wages
by force, stealth, intimidation, threat or by any other means whatsoever.
SECTION 29. Leave Benefits. — A domestic worker who has rendered at least one (1) year of
service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That
any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years.
Unused leaves shall not be convertible to cash.
SECTION 30. Social and Other Benefits. — A domestic worker who has rendered at least one (1)
month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance
Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to
all the benefits in accordance with the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer. However, if the

domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the
domestic worker shall pay the proportionate share in the premium payments or contributions, as
provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
SECTION 31. Rescue and Rehabilitation of Abused Domestic Workers. — Any abused or exploited
domestic worker shall be immediately rescued by a municipal or city social welfare officer or a social
welfare officer from the Department of Social Welfare and Development (DSWD) in coordination
with the concerned barangay officials. The DSWD and the DILG shall develop a standard operating
procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the
DOLE, for possible subsequent job placement.
ARTICLE V
Post Employment
SECTION 32. Termination of Service. — Neither the domestic worker nor the employer may
terminate the contract before the expiration of the term except for grounds provided for in SECTIONs
33 and 34 of this Act. If the domestic worker is unjustly dismissed, the domestic worker shall be paid the
compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity. If the
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domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent
fifteen (15) days work shall be forfeited. In addition, the employer may recover from the domestic
worker costs incurred related to the deployment expenses, if any: Provided, That the service has been
terminated within six (6) months from the domestic worker’s employment.
If the duration of the domestic service is not determined either in stipulation or by the nature of
the service, the employer or the domestic worker may give notice to end the working relationship five
(5) days before the intended termination of the service.
The domestic worker and the employer may mutually agree upon written notice to pre-terminate
the contract of employment to end the employment relationship.
SECTION 33. Termination Initiated by the Domestic Worker. — The domestic worker may
terminate the employment relationship at any time before the expiration of the contract for any of the
following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any member of the
household;
(b) Inhuman treatment including physical abuse of the domestic worker by the employer or any
member of the household;
(c) Commission of a crime or offense against the domestic worker by the employer or any
member of the household;
(d) Violation by the employer of the terms and conditions of the employment contract and
other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of
the household; and
(f) Other causes analogous to the foregoing.
SECTION 34. Termination Initiated by the Employer. — An employer may terminate the services
of the domestic worker at any time before the expiration of the contract for any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful order of the employer
in connection with the former’s work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the performance of
duties;
(c) Fraud or willful breach of the trust reposed by the employer on the domestic worker;
(d) Commission of a crime or offense by the domestic worker against the person of the employer
or any immediate member of the employer’s family;
(e) Violation by the domestic worker of the terms and conditions of the employment contract
and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of
the household; and
(g) Other causes analogous to the foregoing.
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SECTION 35. Employment Certification. — Upon the severance of the employment relationship,
the employer shall issue the domestic worker within five (5) days from request a certificate of
employment indicating the nature, duration of the service and work performance.
ARTICLE VI
Private Employment Agencies
SECTION 36. Regulation of Private Employment Agencies (PEAs). — The DOLE shall, through a
system of licensing and regulation, ensure the protection of domestic workers hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages, wage-related
benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the “Labor
Code of the Philippines”, on qualifications of the PEAs with regard to nationality, networth, owners and
officers, office space and other requirements, as well as nontransferability of license and commission
of prohibited practices, shall apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment or placement fees;
(b) Ensure that the employment agreement between the domestic worker and the employer
stipulates the terms and conditions of employment and all the benefits prescribed by
this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker and the employer
about their rights and responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements pertaining to recruited domestic
workers which shall be made available during inspections or whenever required by the
DOLE or local government officials;
(e) Assist domestic workers with respect to complaints or grievances against their employers;
and
(f) Cooperate with government agencies in rescue operations involving abused or exploited
domestic workers.
ARTICLE VII
Settlement of Disputes
SECTION 37. Mechanism for Settlement of Disputes. — All labor-related disputes shall be elevated
to the DOLE Regional Office having jurisdiction over the workplace without prejudice to the filing of a
civil or criminal action in appropriate cases. The DOLE Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other special penal
laws by either party shall be filed with the regular courts.
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ARTICLE VIII
Special Provisions
SECTION 38. Information Program. — The DOLE shall, in coordination with the DILG, the SSS,
the PhilHealth and Pag-IBIG develop and implement a continuous information dissemination program
on the provisions of this Act, both at the national and local level, immediately after the enactment of
this law.
SECTION 39. “Araw ng mga Kasambahay”. — The date upon which the President shall approve
this “Domestic Workers Act” shall be designated as the “Araw ng mga Kasambahay”.
ARTICLE IX
Penal and Miscellaneous Provisions
SECTION 40. Penalty. — Any violation of the provisions of this Act declared unlawful shall be
punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty
thousand pesos (P40,000.00) without prejudice to the filing of appropriate civil or criminal action by
the aggrieved party.
SECTION 41. Transitory Provision; Non-Diminution of Benefits. — All existing arrangements

between a domestic worker and the employer shall be adjusted to conform to the minimum standards
set by this Act within a period of sixty (60) days after the effectivity of this Act: Provided, That
adjustments pertaining to wages shall take effect immediately after the determination and issuance
of the appropriate wage order by the RTWPBs: Provided, further, That nothing in this Act shall be
construed to cause the diminution or substitution of any benefits and privileges currently enjoyed by
the domestic worker hired directly or through an agency.
of this Act, the Secretary of Labor and Employment, the Secretary of Social Welfare and Development,
the Secretary of the Interior and Local Government, and the Director General of the Philippine National
Police, in coordination with other concerned government agencies and accredited nongovernment
organizations (NGOs) assisting domestic workers, shall promulgate the necessary rules and regulations
for the effective implementation of this Act.
ARTICLE X
Final Provisions
SECTION 43. Separability Clause. — If any provision or part of this Act is declared invalid or
SECTION 44. Repealing Clause. — All articles or provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No. 442, as amended and renumbered by Republic Act No. 10151 are
hereby expressly repealed. All laws, decrees, executive orders, issuances, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 45. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
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Title of Law: An Act Providing For A National Policy On Responsible Parenthood And
Reproductive Health
Short Title: Responsible Parenthood and Reproductive Health Act of 2012
Type of Law: Criminal, Civil and Administrative

Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of RA 10354 (The
Responsible Parenthood and Reproductive Health Act of 2012) (March 15, 2013)
Note on the law: In the case of Spouses Imbong v. Ochoa, Jr. (G.R. Nos. 204819, April 8, 2014),
the Supreme Court ruled that some parts of the law and the corresponding IRR were uncon-
stitutional. For easier reference, the dispositive portion of the case reads:
WHEREFORE, the petitions are PARTIALLY GRANTED. Accordingly, the Court de-
clares R.A. No. 10354 as NOT UNCONSTITUTIONAL except with respect to the following
provisions which are declared UNCONSTITUTIONAL: SCEDAI
1) SECTION 7 and the corresponding provision in the RH-IRR insofar as they: a) re-
quire private health facilities and non-maternity specialty hospitals and hospitals owned
and operated by a religious group to refer patients, not in an emergency or life-threaten-
ing case, as defined under Republic Act No. 8344, to another health facility which is conve-
niently accessible; and b) allow minor-parents or minors who have suffered a miscarriage
access to modern methods of family planning without written consent from their parents
or guardian/s;
2) SECTION 23 (a) (1) and the corresponding provision in the RH-IRR, particularly
SECTION 5.24 thereof, insofar as they punish any healthcare service provider who fails
and or refuses to disseminate information regarding programs and services on reproduc-
tive health regardless of his or her religious beliefs.
3) SECTION 23 (a) (2) (i) and the corresponding provision in the RH-IRR insofar as
they allow a married individual, not in an emergency or life-threatening case, as defined
under Republic Act No. 8344, to undergo reproductive health procedures without the
consent of the spouse;
4) SECTION 23 (a) (2) (ii) and the corresponding provision in the RH-IRR insofar as
they limit the requirement of parental consent only to elective surgical procedures.
5) SECTION 23 (a) (3) and the corresponding provision in the RH-IRR, particularly
SECTION 5.24 thereof, insofar as they punish any healthcare service provider who fails
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and/or refuses to refer a patient not in an emergency or life-threatening case, as defined
under Republic Act No. 8344, to another health care service provider within the same facility
or one which is conveniently accessible regardless of his or her religious beliefs;
6) SECTION 23 (b) and the corresponding provision in the RH-IRR, particularly SECTION 5.24
thereof, insofar as they punish any public officer who refuses to support reproductive health
programs or shall do any act that hinders the full implementation of a reproductive health
program, regardless of his or her religious beliefs;
7) SECTION 17 and the corresponding provision in the RH-IRR regarding the rendering of
pro bono reproductive health service in so far as they affect the conscientious objector in
securing PhilHealth accreditation; and
8) SECTION 3.01 (a) and SECTION 3.01 (j) of the RH-IRR, which added the qualifier “primarily”
in defining abortifacients and contraceptives, as they are ultra vires and, therefore, null and
void for contravening SECTION 4 (a) of the RH Law and violating SECTION 12, Article II of
the Constitution. xxx
AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE PARENTHOOD AND REPRODUCTIVE

HEALTH
SECTION 1. Title. — This Act shall be known as “The Responsible Parenthood and Reproductive
Health Act of 2012”.
SECTION 2. Declaration of Policy. — The State recognizes and guarantees the human rights of
all persons including their right to equality and nondiscrimination of these rights, the right to sustainable
human development, the right to health which includes reproductive health, the right to education
and information, and the right to choose and make decisions for themselves in accordance with their
religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood.
Pursuant to the declaration of State policies under SECTION 12, Article II of the 1987 Philippine
Constitution, it is the duty of the State to protect and strengthen the family as a basic autonomous
social institution and equally protect the life of the mother and the life of the unborn from conception.
The State shall protect and promote the right to health of women especially mothers in particular
and of the people in general and instill health consciousness among them. The family is the natural
and fundamental unit of society. The State shall likewise protect and advance the right of families in
particular and the people in general to a balanced and healthful environment in accord with the rhythm
and harmony of nature. The State also recognizes and guarantees the promotion and equal protection
of the welfare and rights of children, the youth, and the unborn.
Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity,
women empowerment and dignity as a health and human rights concern and as a social responsibility.
The advancement and protection of women’s human rights shall be central to the efforts of the State
to address reproductive health care.
The State recognizes marriage as an inviolable social institution and the foundation of the family
which in turn is the foundation of the nation. Pursuant thereto, the State shall defend:
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(a) The right of spouses to found a family in accordance with their religious convictions
and the demands of responsible parenthood;
(b) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation, and other
conditions prejudicial to their development;
(c) The right of the family to a family living wage and income; and
(d) The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them.
The State likewise guarantees universal access to medically-safe, non-abortifacient, effective,

legal, affordable, and quality reproductive health care services, methods, devices, supplies which do not
prevent the implantation of a fertilized ovum as determined by the Food and Drug Administration (FDA)
and relevant information and education thereon according to the priority needs of women, children
and other underprivileged sectors, giving preferential access to those identified through the National
Household Targeting System for Poverty Reduction (NHTS-PR) and other government measures of
identifying marginalization, who shall be voluntary beneficiaries of reproductive health care, services
and supplies for free.
The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s
exercise of reproductive health rights.
The State shall also promote openness to life: Provided, That parents bring forth to the world
only those children whom they can raise in a truly humane way.
SECTION 3. Guiding Principles for Implementation. — This Act declares the following as guiding
principles:
(a) The right to make free and informed decisions, which is central to the exercise of any
right, shall not be subjected to any form of coercion and must be fully guaranteed
by the State, like the right itself;
(b) Respect for protection and fulfillment of reproductive health and rights which seek
to promote the rights and welfare of every person particularly couples, adult
individuals, women and adolescents;
(c) Since human resource is among the principal assets of the country, effective and quality
reproductive health care services must be given primacy to ensure maternal and
child health, the health of the unborn, safe delivery and birth of healthy children,
and sound replacement rate, in line with the State’s duty to promote the right to
health, responsible parenthood, social justice and full human development;
(d) The provision of ethical and medically safe, legal, accessible, affordable, non-
abortifacient, effective and quality reproductive health care services and supplies
is essential in the promotion of people’s right to health, especially those of women,
the poor, and the marginalized, and shall be incorporated as a component of basic
health care;
(e) The State shall promote and provide information and access, without bias, to all
methods of family planning, including effective natural and modern methods
which have been proven medically safe, legal, non-abortifacient, and effective in
accordance with scientific and evidence-based medical research standards such
as those registered and approved by the FDA for the poor and marginalized as
identified through the NHTS-PR and other government measures of identifying
marginalization: Provided, That the State shall also provide funding support
to promote modern natural methods of family planning, especially the Billings
Ovulation Method, consistent with the needs of acceptors and their religious
convictions;
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(f) The State shall promote programs that: (1) enable individuals and couples to have the
number of children they desire with due consideration to the health, particularly
of women, and the resources available and affordable to them and in accordance
with existing laws, public morals and their religious convictions: Provided, That
no one shall be deprived, for economic reasons, of the rights to have children;
(2) achieve equitable allocation and utilization of resources; (3) ensure effective
partnership among national government, local government units (LGUs) and
the private sector in the design, implementation, coordination, integration,
monitoring and evaluation of people-centered programs to enhance the quality
of life and environmental protection; (4) conduct studies to analyze demographic
trends including demographic dividends from sound population policies towards
sustainable human development in keeping with the principles of gender equality,
protection of mothers and children, born and unborn and the promotion and
protection of women’s reproductive rights and health; and (5) conduct scientific
studies to determine the safety and efficacy of alternative medicines and methods
for reproductive health care development;
(g) The provision of reproductive health care, information and supplies giving priority
to poor beneficiaries as identified through the NHTS-PR and other government
measures of identifying marginalization must be the primary responsibility of the
national government consistent with its obligation to respect, protect and promote
the right to health and the right to life;
(h) The State shall respect individuals’ preferences and choice of family planning methods
that are in accordance with their religious convictions and cultural beliefs, taking
into consideration the State’s obligations under various human rights instruments;
(i) Active participation by nongovernment organizations (NGOs), women’s and people’s
organizations, civil society, faith-based organizations, the religious sector and
communities is crucial to ensure that reproductive health and population and
development policies, plans, and programs will address the priority needs of
women, the poor, and the marginalized;
(j) While this Act recognizes that abortion is illegal and punishable by law, the government
shall ensure that all women needing care for post-abortive complications and all
other complications arising from pregnancy, labor and delivery and related issues
shall be treated and counseled in a humane, nonjudgmental and compassionate
manner in accordance with law and medical ethics;
(k) Each family shall have the right to determine its ideal family size: Provided, however,
That the State shall equip each parent with the necessary information on all
aspects of family life, including reproductive health and responsible parenthood,
in order to make that determination;
(l) There shall be no demographic or population targets and the mitigation, promotion
and/or stabilization of the population growth rate is incidental to the advancement
of reproductive health;
(m) Gender equality and women empowerment are central elements of reproductive
health and population and development;
(n) The resources of the country must be made to serve the entire population, especially
the poor, and allocations thereof must be adequate and effective: Provided, That
the life of the unborn is protected;
(o) Development is a multi-faceted process that calls for the harmonization and integration
of policies, plans, programs and projects that seek to uplift the quality of life of the
people, more particularly the poor, the needy and the marginalized; and
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(p) That a comprehensive reproductive health program addresses the needs of people
throughout their life cycle.
SECTION 4. Definition of Terms. — For the purpose of this Act, the following terms shall be
defined as follows:
(a) Abortifacient refers to any drug or device that induces abortion or the destruction of
a fetus inside the mother’s womb or the prevention of the fertilized ovum to reach
and be implanted in the mother’s womb upon determination of the FDA.
(b) Adolescent refers to young people between the ages of ten (10) to nineteen (19) years
who are in transition from childhood to adulthood.
(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to lifesaving services
for emergency maternal and newborn conditions/complications being provided
by a health facility or professional to include the following services: administration
of parenteral oxytocic drugs, administration of dose of parenteral anticonvulsants,
administration of parenteral antibiotics, administration of maternal steroids for
preterm labor, performance of assisted vaginal deliveries, removal of retained
placental products, and manual removal of retained placenta. It also includes
neonatal interventions which include at the minimum: newborn resuscitation,
provision of warmth, and referral, blood transfusion where possible.
(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC) refers to lifesaving
services for emergency maternal and newborn conditions/complications as
in Basic Emergency Obstetric and Newborn Care plus the provision of surgical
delivery (caesarian SECTION) and blood bank services, and other highly specialized
obstetric interventions. It also includes emergency neonatal care which includes
at the minimum: newborn resuscitation, treatment of neonatal sepsis infection,
oxygen support, and antenatal administration of (maternal) steroids for threatened
premature delivery.
(e) Family planning refers to a program which enables couples and individuals to decide
freely and responsibly the number and spacing of their children and to have
the information and means to do so, and to have access to a full range of safe,
affordable, effective, non-abortifacient modern natural and artificial methods of
planning pregnancy.
(f) Fetal and infant death review refers to a qualitative and in-depth study of the causes
of fetal and infant death with the primary purpose of preventing future deaths
through changes or additions to programs, plans and policies.
(g) Gender equality refers to the principle of equality between women and men and equal
rights to enjoy conditions in realizing their full human potentials to contribute to,
and benefit from, the results of development, with the State recognizing that
all human beings are free and equal in dignity and rights. It entails equality in
opportunities, in the allocation of resources or benefits, or in access to services
in furtherance of the rights to health and sustainable human development among
others, without discrimination.
(h) Gender equity refers to the policies, instruments, programs and actions that address the
disadvantaged position of women in society by providing preferential treatment
and affirmative action. It entails fairness and justice in the distribution of benefits
and responsibilities between women and men, and often requires women-specific
projects and programs to end existing inequalities. This concept recognizes that
while reproductive health involves women and men, it is more critical for women’s
health.
308
(i) Male responsibility refers to the involvement, commitment, accountability and
responsibility of males in all areas of sexual health and reproductive health, as well
as the care of reproductive health concerns specific to men.
(j) Maternal death review refers to a qualitative and in-depth study of the causes of
maternal death with the primary purpose of preventing future deaths through
changes or additions to programs, plans and policies.
(k) Maternal health refers to the health of a woman of reproductive age including, but not
limited to, during pregnancy, childbirth and the postpartum period.
(l) Modern methods of family planning refers to safe, effective, non-abortifacient and legal
methods, whether natural or artificial, that are registered with the FDA, to plan
pregnancy.
(m) Natural family planning refers to a variety of methods used to plan or prevent
pregnancy based on identifying the woman’s fertile days.
(n) Public health care service provider refers to: (1) public health care institution, which is duly
licensed and accredited and devoted primarily to the maintenance and operation
of facilities for health promotion, disease prevention, diagnosis, treatment and
care of individuals suffering from illness, disease, injury, disability or deformity,
or in need of obstetrical or other medical and nursing care; (2) public health
care professional, who is a doctor of medicine, a nurse or a midwife; (3) public
health worker engaged in the delivery of health care services; or (4) barangay
health worker who has undergone training programs under any accredited
government and NGO and who voluntarily renders primarily health care services
in the community after having been accredited to function as such by the local
health board in accordance with the guidelines promulgated by the Department
of Health (DOH).
(o) Poor refers to members of households identified as poor through the NHTS-PR by
the Department of Social Welfare and Development (DSWD) or any subsequent
system used by the national government in identifying the poor.
(p) Reproductive Health (RH) refers to the state of complete physical, mental and social
well-being and not merely the absence of disease or infirmity, in all matters relating
to the reproductive system and to its functions and processes. This implies that
people are able to have a responsible, safe, consensual and satisfying sex life,
that they have the capability to reproduce and the freedom to decide if, when,
and how often to do so. This further implies that women and men attain equal
relationships in matters related to sexual relations and reproduction.
(q) Reproductive health care refers to the access to a full range of methods, facilities,
services and supplies that contribute to reproductive health and well-being by
addressing reproductive health-related problems. It also includes sexual health,
the purpose of which is the enhancement of life and personal relations. The
elements of reproductive health care include the following:
(1) Family planning information and services which shall include as a first priority
making women of reproductive age fully aware of their respective cycles
to make them aware of when fertilization is highly probable, as well as
highly improbable;
(2) Maternal, infant and child health and nutrition, including breastfeeding;
(3) Proscription of abortion and management of abortion complications;
(4) Adolescent and youth reproductive health guidance and counseling;
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(5) Prevention, treatment and management of reproductive tract infections (RTIs),
HIV and AIDS and other sexually transmittable infections (STIs);
(6) Elimination of violence against women and children and other forms of sexual
and gender-based violence;
(7) Education and counseling on sexuality and reproductive health;
(8) Treatment of breast and reproductive tract cancers and other gynecological
conditions and disorders;
(9) Male responsibility and involvement and men’s reproductive health;
(10) Prevention, treatment and management of infertility and sexual dysfunction;
(11) Reproductive health education for the adolescents; and
(12) Mental health aspect of reproductive health care.
(r) Reproductive health care program refers to the systematic and integrated provision of
reproductive health care to all citizens prioritizing women, the poor, marginalized
and those invulnerable or crisis situations.
(s) Reproductive health rights refers to the rights of individuals and couples, to decide
freely and responsibly whether or not to have children; the number, spacing
and timing of their children; to make other decisions concerning reproduction,
free of discrimination, coercion and violence; to have the information and means
to do so; and to attain the highest standard of sexual health and reproductive
health: Provided, however, That reproductive health rights do not include abortion,
and access to abortifacients.
(t) Reproductive health and sexuality education refers to a lifelong learning process of
providing and acquiring complete, accurate and relevant age- and development-
appropriate information and education on reproductive health and sexuality
through life skills education and other approaches.
(u) Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STIs), and
other types of infections affecting the reproductive system.
(v) Responsible parenthood refers to the will and ability of a parent to respond to the needs
and aspirations of the family and children. It is likewise a shared responsibility
between parents to determine and achieve the desired number of children,
spacing and timing of their children according to their own family life aspirations,
taking into account psychological preparedness, health status, sociocultural and
economic concerns consistent with their religious convictions.
(w) Sexual health refers to a state of physical, mental and social well-being in relation to
sexuality. It requires a positive and respectful approach to sexuality and sexual
relationships, as well as the possibility of having pleasurable and safe sexual
experiences, free from coercion, discrimination and violence.
(x) Sexually Transmitted Infection (STI) refers to any infection that may be acquired or
passed on through sexual contact, use of IV, intravenous drug needles, childbirth
and breastfeeding.
(y) Skilled birth attendance refers to childbirth managed by a skilled health professional
including the enabling conditions of necessary equipment and support of a
functioning health system, including transport and referral faculties for emergency
obstetric care.
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(z) Skilled health professional refers to a midwife, doctor or nurse, who has been educated
and trained in the skills needed to manage normal and complicated pregnancies,
childbirth and the immediate postnatal period, and in the identification, management
and referral of complications in women and newborns.
(aa) Sustainable human development refers to bringing people, particularly the poor and
vulnerable, to the center of development process, the central purpose of which is
the creation of an enabling environment in which all can enjoy long, healthy and
productive lives, done in the manner that promotes their rights and protects the
life opportunities of future generations and the natural ecosystem on which all life
depends.
SECTION 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled Birth
Attendance. — The LGUs shall endeavor to hire an adequate number of nurses, midwives and other
skilled health professionals for maternal health care and skilled birth attendance to achieve an ideal
skilled health professional-to-patient ratio taking into consideration DOH targets: Provided, That people
in geographically isolated or highly populated and depressed areas shall be provided the same level
of access to health care: Provided, further, That the national government shall provide additional and
necessary funding and other necessary assistance for the effective implementation of this provision.
For the purposes of this Act, midwives and nurses shall be allowed to administer lifesaving drugs
such as, but not limited to, oxytocin and magnesium sulfate, in accordance with the guidelines set by
the DOH, under emergency conditions and when there are no physicians available: Provided, That they
are properly trained and certified to administer these lifesaving drugs.
SECTION 6. Health Care Facilities. — Each LGU, upon its determination of the necessity based
on well-supported data provided by its local health office shall endeavor to establish or upgrade
hospitals and facilities with adequate and qualified personnel, equipment and supplies to be able to
provide emergency obstetric and newborn care: Provided, That people in geographically isolated or
highly populated and depressed areas shall have the same level of access and shall not be neglected
by providing other means such as home visits or mobile health care clinics as needed: Provided, further,
That the national government shall provide additional and necessary funding and other necessary
assistance for the effective implementation of this provision. HTDCAS
SECTION 7. Access to Family Planning. — All accredited public health facilities shall provide a full
range of modern family planning methods, which shall also include medical consultations, supplies and
necessary and reasonable procedures for poor and marginalized couples having infertility issues who
desire to have children: Provided, That family planning services shall likewise be extended by private
health facilities to paying patients with the option to grant free care and services to indigents, except in
the case of non-maternity specialty hospitals and hospitals owned and operated by a religious group,
but they have the option to provide such full range of modern family planning methods: Provided,
further, That these hospitals shall immediately refer the person seeking such care and services to
another health facility which is conveniently accessible: Provided, finally, That the person is not in an
emergency condition or serious case as defined in Republic Act No. 8344.
No person shall be denied information and access to family planning services, whether natural
or artificial: Provided, That minors will not be allowed access to modern methods of family planning
without written consent from their parents or guardian/s except when the minor is already a parent or
has had a miscarriage.
SECTION 8. Maternal Death Review and Fetal and Infant Death Review. — All LGUs, national
and local government hospitals, and other public health units shall conduct an annual Maternal Death
Review and Fetal and Infant Death Review in accordance with the guidelines set by the DOH. Such
review should result in an evidence-based programming and budgeting process that would contribute
to the development of more responsive reproductive health services to promote women’s health and
safe motherhood.
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SECTION 9. The Philippine National Drug Formulary System and Family Planning Supplies. — The
National Drug Formulary shall include hormonal contraceptives, intrauterine devices, injectables and
other safe, legal, non-abortifacient and effective family planning products and supplies. The Philippine
National Drug Formulary System (PNDFS) shall be observed in selecting drugs including family planning
supplies that will be included or removed from the Essential Drugs List (EDL) in accordance with existing
practice and in consultation with reputable medical associations in the Philippines. For the purpose of
this Act, any product or supply included or to be included in the EDL must have a certification from
the FDA that said product and supply is made available on the condition that it is not to be used as an
abortifacient.
These products and supplies shall also be included in the regular purchase of essential medicines
and supplies of all national hospitals: Provided, further, That the foregoing offices shall not purchase or
acquire by any means emergency contraceptive pills, postcoital pills, abortifacients that will be used for
such purpose and their other forms or equivalent.
SECTION 10. Procurement and Distribution of Family Planning Supplies. — The DOH shall
procure, distribute to LGUs and monitor the usage of family planning supplies for the whole country.
The DOH shall coordinate with all appropriate local government bodies to plan and implement this
procurement and distribution program. The supply and budget allotments shall be based on, among
others, the current levels and projections of the following:
(a) Number of women of reproductive age and couples who want to space or limit their
children;
(b) Contraceptive prevalence rate, by type of method used; and
(c) Cost of family planning supplies.
Provided, That LGUs may implement its own procurement, distribution and monitoring program
consistent with the overall provisions of this Act and the guidelines of the DOH.
SECTION 11. Integration of Responsible Parenthood and Family Planning Component in Anti-
Poverty Programs. — A multidimensional approach shall be adopted in the implementation of policies
and programs to fight poverty. Towards this end, the DOH shall implement programs prioritizing full
access of poor and marginalized women as identified through the NHTS-PR and other government
measures of identifying marginalization to reproductive health care, services, products and programs.
The DOH shall provide such programs, technical support, including capacity building and monitoring.
SECTION 12. PhilHealth Benefits for Serious and Life-Threatening Reproductive Health
Conditions. — All serious and life-threatening reproductive health conditions such as HIV and AIDS,
breast and reproductive tract cancers, and obstetric complications, and menopausal and post-
menopausal-related conditions shall be given the maximum benefits, including the provision of Anti-
Retroviral Medicines (ARVs), as provided in the guidelines set by the Philippine Health Insurance
Corporation (PHIC).
SECTION 13. Mobile Health Care Service. — The national or the local government may provide
each provincial, city, municipal and district hospital with a Mobile Health Care Service (MHCS) in the form
of a van or other means of transportation appropriate to its terrain, taking into consideration the health
care needs of each LGU. The MHCS shall deliver health care goods and services to its constituents, more
particularly to the poor and needy, as well as disseminate knowledge and information on reproductive
health. The MHCS shall be operated by skilled health providers and adequately equipped with a
wide range of health care materials and information dissemination devices and equipment, the latter
including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated
by LGUs of provinces and highly urbanized cities.
SECTION 14. Age- and Development-Appropriate Reproductive Health Education. — The

State shall provide age- and development-appropriate reproductive health education to adolescents
which shall be taught by adequately trained teachers in formal and nonformal educational system
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and integrated in relevant subjects such as, but not limited to, values formation; knowledge and skills
in self-protection against discrimination; sexual abuse and violence against women and children and
other forms of gender based violence and teen pregnancy; physical, social and emotional changes
in adolescents; women’s rights and children’s rights; responsible teenage behavior; gender and
development; and responsible parenthood: Provided, That flexibility in the formulation and adoption
of appropriate course content, scope and methodology in each educational level or group shall be
allowed only after consultations with parents-teachers-community associations, school officials and
other interest groups. The Department of Education (DepEd) shall formulate a curriculum which shall
be used by public schools and may be adopted by private schools.
SECTION 15. Certificate of Compliance. — No marriage license shall be issued by the Local
Civil Registrar unless the applicants present a Certificate of Compliance issued for free by the local
Family Planning Office certifying that they had duly received adequate instructions and information on
responsible parenthood, family planning, breastfeeding and infant nutrition.
SECTION 16. Capacity Building of Barangay Health Workers (BHWs). — The DOH shall be
responsible for disseminating information and providing training programs to the LGUs. The LGUs, with
the technical assistance of the DOH, shall be responsible for the training of BHWs and other barangay
volunteers on the promotion of reproductive health. The DOH shall provide the LGUs with medical
supplies and equipment needed by BHWs to carry out their functions effectively: Provided, further,
That the national government shall provide additional and necessary funding and other necessary
assistance for the effective implementation of this provision including the possible provision of additional
honoraria for BHWs.
SECTION 17. Pro Bono Services for Indigent Women. — Private and nongovernment reproductive
health care service providers including, but not limited to, gynecologists and obstetricians, are
encouraged to provide at least forty-eight (48) hours annually of reproductive health services, ranging
from providing information and education to rendering medical services, free of charge to indigent and
low-income patients as identified through the NHTS-PR and other government measures of identifying
marginalization, especially to pregnant adolescents. The forty-eight (48) hours annual pro bono services
shall be included as a prerequisite in the accreditation under the PhilHealth.
SECTION 18. Sexual and Reproductive Health Programs for Persons with Disabilities (PWDs). —
The cities and municipalities shall endeavor that barriers to reproductive health services for PWDs are
obliterated by the following:
(a) Providing physical access, and resolving transportation and proximity issues to clinics,
hospitals and places where public health education is provided, contraceptives
are sold or distributed or other places where reproductive health services are
provided;
(b) Adapting examination tables and other laboratory procedures to the needs and
conditions of PWDs;
(c) Increasing access to information and communication materials on sexual and
reproductive health in braille, large print, simple language, sign language and
pictures;
(d) Providing continuing education and inclusion of rights of PWDs among health care
providers; and
(e) Undertaking activities to raise awareness and address misconceptions among the
general public on the stigma and their lack of knowledge on the sexual and
reproductive health needs and rights of PWDs.
SECTION 19. Duties and Responsibilities. — (a) Pursuant to the herein declared policy, the DOH
shall serve as the lead agency for the implementation of this Act and shall integrate in their regular
operations the following functions:
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(1) Fully and efficiently implement the reproductive health care program;
(2) Ensure people’s access to medically safe, non-abortifacient, legal, quality and
affordable reproductive health goods and services; and
(3) Perform such other functions necessary to attain the purposes of this Act.
(b) The DOH, in coordination with the PHIC, as may be applicable, shall:
(1) Strengthen the capacities of health regulatory agencies to ensure safe, high quality,
accessible and affordable reproductive health services and commodities with
the concurrent strengthening and enforcement of regulatory mandates and
mechanisms;
(2) Facilitate the involvement and participation of NGOs and the private sector in
reproductive health care service delivery and in the production, distribution
and delivery of quality reproductive health and family planning supplies and
commodities to make them accessible and affordable to ordinary citizens;
(3) Engage the services, skills and proficiencies of experts in natural family planning who
shall provide the necessary training for all BHWs;
(4) Supervise and provide assistance to LGUs in the delivery of reproductive health care
services and in the purchase of family planning goods and supplies; and
(5) Furnish LGUs, through their respective local health offices, appropriate information and
resources to keep the latter updated on current studies and researches relating to
family planning, responsible parenthood, breastfeeding and infant nutrition.
(c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into
consideration the side effects or other harmful effects of their use.
(d) Corporate citizens shall exercise prudence in advertising its products or services through all
forms of media, especially on matters relating to sexuality, further taking into consideration its influence
on children and the youth.
SECTION 20. Public Awareness. — The DOH and the LGUs shall initiate and sustain a heightened
nationwide multimedia campaign to raise the level of public awareness on the protection and promotion
of reproductive health and rights including, but not limited to, maternal health and nutrition, family
planning and responsible parenthood information and services, adolescent and youth reproductive
health, guidance and counseling and other elements of reproductive health care under SECTION 4 (q).
Education and information materials to be developed and disseminated for this purpose shall
be reviewed regularly to ensure their effectiveness and relevance.
SECTION 21. Reporting Requirements. — Before the end of April each year, the DOH shall submit
to the President of the Philippines and Congress an annual consolidated report, which shall provide a
definitive and comprehensive assessment of the implementation of its programs and those of other
government agencies and instrumentalities and recommend priorities for executive and legislative
actions. The report shall be printed and distributed to all national agencies, the LGUs, NGOs and private
sector organizations involved in said programs.
The annual report shall evaluate the content, implementation, and impact of all policies related
to reproductive health and family planning to ensure that such policies promote, protect and fulfill
women’s reproductive health and rights.
SECTION 22. Congressional Oversight Committee on Reproductive Health Act. — There is

hereby created a Congressional Oversight Committee (COC) composed of five (5) members each
from the Senate and the House of Representatives. The members from the Senate and the House of
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Representatives shall be appointed by the Senate President and the Speaker, respectively, with at least
one (1) member representing the Minority.
The COC shall be headed by the respective Chairs of the Committee on Health and Demography
of the Senate and the Committee on Population and Family Relations of the House of Representatives.
The Secretariat of the COC shall come from the existing Secretariat personnel of the Senate and the
House of Representatives committees concerned.
The COC shall monitor and ensure the effective implementation of this Act, recommend the
necessary remedial legislation or administrative measures, and shall conduct a review of this Act every
five (5) years from its effectivity. The COC shall perform such other duties and functions as may be
necessary to attain the objectives of this Act.
SECTION 23. Prohibited Acts. — The following acts are prohibited:

(a) Any health care service provider, whether public or private, who shall:
(1) Knowingly withhold information or restrict the dissemination thereof, and/
or intentionally provide incorrect information regarding programs and
services on reproductive health including the right to informed choice
and access to a full range of legal, medically-safe, non-abortifacient and
effective family planning methods;
(2) Refuse to perform legal and medically-safe reproductive health procedures on
any person of legal age on the ground of lack of consent or authorization
of the following persons in the following instances:
(i) Spousal consent in case of married persons: Provided, That in case of
disagreement, the decision of the one undergoing the procedure
shall prevail; and
(ii) Parental consent or that of the person exercising parental authority in the
case of abused minors, where the parent or the person exercising
parental authority is the respondent, accused or convicted
perpetrator as certified by the proper prosecutorial office of the
court. In the case of minors, the written consent of parents or legal
guardian or, in their absence, persons exercising parental authority
or next-of-kin shall be required only in elective surgical procedures
and in no case shall consent be required in emergency or serious
cases as defined in Republic Act No. 8344; and
(3) Refuse to extend quality health care services and information on account of
the person’s marital status, gender, age, religious convictions, personal
circumstances, or nature of work: Provided, That the conscientious
objection of a health care service provider based on his/her ethical or
religious beliefs shall be respected; however, the conscientious objector
shall immediately refer the person seeking such care and services to
another health care service provider within the same facility or one which
is conveniently accessible: Provided, further, That the person is not in an
emergency condition or serious case as defined in Republic Act No. 8344,
which penalizes the refusal of hospitals and medical clinics to administer
appropriate initial medical treatment and support in emergency and
serious cases;
(b) Any public officer, elected or appointed, specifically charged with the duty to
implement the provisions hereof, who, personally or through a subordinate,
prohibits or restricts the delivery of legal and medically-safe reproductive health
care services, including family planning; or forces, coerces or induces any person
to use such services; or refuses to allocate, approve or release any budget for
reproductive health care services, or to support reproductive health programs;
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or shall do any act that hinders the full implementation of a reproductive health
program as mandated by this Act;
(c) Any employer who shall suggest, require, unduly influence or cause any applicant for
employment or an employee to submit himself/herself to sterilization, use any
modern methods of family planning, or not use such methods as a condition for
employment, continued employment, promotion or the provision of employment
benefits. Further, pregnancy or the number of children shall not be a ground for
non-hiring or termination from employment;
(d) Any person who shall falsify a Certificate of Compliance as required in SECTION 15 of
this Act; and
(e) Any pharmaceutical company, whether domestic or multinational, or its agents or
distributors, which directly or indirectly colludes with government officials, whether
appointed or elected, in the distribution, procurement and/or sale by the national
government and LGUs of modern family planning supplies, products and devices.
SECTION 24. Penalties. — Any violation of this Act or commission of the foregoing prohibited
acts shall be penalized by imprisonment ranging from one (1) month to six (6) months or a fine of Ten
thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), or both such fine and
imprisonment at the discretion of the competent court: Provided, That, if the offender is a public officer,
elected or appointed, he/she shall also suffer the penalty of suspension not exceeding one (1) year or
removal and forfeiture of retirement benefits depending on the gravity of the offense after due notice
and hearing by the appropriate body or agency.
If the offender is a juridical person, the penalty shall be imposed upon the president or any
responsible officer. An offender who is an alien shall, after service of sentence, be deported immediately
without further proceedings by the Bureau of Immigration. If the offender is a pharmaceutical company,
its agent and/or distributor, their license or permit to operate or conduct business in the Philippines
shall be perpetually revoked, and a fine triple the amount involved in the violation shall be imposed.
SECTION 25. Appropriations. — The amounts appropriated in the current annual General
Appropriations Act (GAA) for reproductive health and natural and artificial family planning and
responsible parenthood under the DOH and other concerned agencies shall be allocated and utilized
for the implementation of this Act. Such additional sums necessary to provide for the upgrading of
facilities necessary to meet BEMONC and CEMONC standards; the training and deployment of skilled
health providers; natural and artificial family planning commodity requirements as outlined in SECTION
10, and for other reproductive health and responsible parenthood services, shall be included in the
subsequent years’ general appropriations. The Gender and Development (GAD) funds of LGUs and
national agencies may be a source of funding for the implementation of this Act.
SECTION 26. Implementing Rules and Regulations (IRR). — Within sixty (60) days from the
effectivity of this Act, the DOH Secretary or his/her designated representative as Chairperson, the
authorized representative/s of DepEd, DSWD, Philippine Commission on Women, PHIC, Department of
the Interior and Local Government, National Economic and Development Authority, League of Provinces,
League of Cities, and League of Municipalities, together with NGOs, faith-based organizations, people’s,
women’s and young people’s organizations, shall jointly promulgate the rules and regulations for the
effective implementation of this Act. At least four (4) members of the IRR drafting committee, to be
selected by the DOH Secretary, shall come from NGOs.
SECTION 27. Interpretation Clause. — This Act shall be liberally construed to ensure the provision,
delivery and access to reproductive health care services, and to promote, protect and fulfill women’s
reproductive health and rights.
SECTION 28. Separability Clause. — If any part or provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain in force and effect.
316
SECTION 29. Repealing Clause. — Except for prevailing laws against abortion, any law,
presidential decree or issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or is inconsistent with the provisions of this Act including Republic Act No. 7392,
otherwise known as the Midwifery Act, is hereby repealed, modified or amended accordingly.
317
Title of Law: An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppres-
sion and the Imposition of Penalties Therefor and for Other Purpose
Short Title: Cybercrime Prevention Act of 2012

Type of Law: Criminal and Administrative
Amended by: N/A

10175 (August 12, 2015)
Note on the Law: In the case of Disini, Jr. v. Secretary of Justice (G.R. Nos. 203335, February 18,
2014), the Supreme Court ruled that some parts of the law as unconstitutional. For easier refer-
ence, the dispositive portion of the case reads:
WHEREFORE, the Court DECLARES:
1. VOID for being UNCONSTITUTIONAL:
a. SECTION 4 (c) (3) of Republic Act 10175 that penalizes posting of unso-
licited commercial communications;
b. SECTION 12 that authorizes the collection or recording of traffic data in

real-time; and
c. SECTION 19 of the same Act that authorizes the Department of Justice

to restrict or block access to suspected Computer Data.
2. VALID and CONSTITUTIONAL:
a. SECTION 4 (a) (1) that penalizes accessing a computer system without

right;
b. SECTION 4 (a) (3) that penalizes data interference, including transmis-

sion of viruses;
c. SECTION 4 (a) (6) that penalizes cyber-squatting or acquiring domain

name over the internet in bad faith to the prejudice of others;
d. SECTION 4 (b) (3) that penalizes identity theft or the use or misuse of
identifying information belonging to another;
318
e. SECTION 4 (c) (1) that penalizes cybersex or the lascivious exhibition of
sexual organs or sexual activity for favor or consideration;
f. SECTION 4 (c) (2) that penalizes the production of child pornography;
g. SECTION 6 that imposes penalties one degree higher when crimes

defined under the Revised Penal Code are committed with the use
of information and communications technologies;
h. SECTION 8 that prescribes the penalties for cybercrimes;
i. SECTION 13 that permits law enforcement authorities to require service

providers to preserve traffic data and subscriber information as
well as specified content data for six months;
j. SECTION 14 that authorizes the disclosure of computer data under a

court-issued warrant;
k. SECTION 15 that authorizes the search, seizure, and examination of

computer data under a court-issued warrant;
l. SECTION 17 that authorizes the destruction of previously preserved

computer data after the expiration of the prescribed holding
periods;
m. SECTION 20 that penalizes obstruction of justice in relation to cybercrime

investigations;
n. SECTION 24 that establishes a Cybercrime Investigation and Coordinating

Center (CICC);
o. SECTION 26 (a) that defines the CICC’s Powers and Functions; and
p. Articles 353, 354, 361, and 362 of the Revised Penal Code that penalizes
libel.
Further, the Court DECLARES:
1. SECTION 4 (c) (4) that penalizes online libel as VALID and CONSTITUTIONAL
with respect to the original author of the post; but VOID and
UNCONSTITUTIONAL with respect to others who simply receive
the post and react to it; and
2. SECTION 5 that penalizes aiding or abetting and attempt in the

commission of cybercrimes as VALID and CONSTITUTIONAL only
in relation to SECTION 4 (a) (1) on Illegal Access, SECTION 4 (a)
(2) on Illegal Interception, SECTION 4 (a) (3) on Data Interference,
319
SECTION 4 (a) (4) on System Interference, SECTION 4 (a) (5) on Misuse of
Devices, SECTION 4 (a) (6) on Cyber-squatting, SECTION 4 (b) (1)
on Computer-related Forgery, SECTION 4 (b) (2) on Computer-re-
lated Fraud, SECTION 4 (b) (3) on Computer-related Identity Theft,
and SECTION 4 (c) (1) on Cybersex; but VOID and UNCONSTITU-
TIONAL with respect to SECTIONs 4 (c) (2) on Child Pornography,
4 (c) (3) on Unsolicited Commercial Communications, and 4 (c) (4)
on online Libel.
Lastly, the Court RESOLVES to LEAVE THE DETERMINATION of the correct

application of SECTION 7 that authorizes prosecution of the offend-
er under both the Revised Penal Code and Republic Act 10175 to
actual cases, WITH THE EXCEPTION of the crimes of:
1. Online libel as to which, charging the offender under both SECTION 4 (c)
(4) of Republic Act 10175 and Article 353 of the Revised Penal Code
constitutes a violation of the proscription against double jeopardy;
as well as
2. Child pornography committed online as to which, charging the offender

under both SECTION 4 (c) (2) of Republic Act 10175 and Republic
Act 9775 or the Anti-Child Pornography Act of 2009 also consti-
tutes a violation of the same proscription,
and, in respect to these, is VOID and UNCONSTITUTIONAL. XXX
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION

AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
CHAPTER I
Preliminary Provisions
SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012”.
SECTION 2. Declaration of Policy. — The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting, electronic
commerce, and data processing, in the nation’s overall social and economic development. The State also
recognizes the importance of providing an environment conducive to the development, acceleration,
and rational application and exploitation of information and communications technology (ICT) to attain
free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect
and safeguard the integrity of computer, computer and communications systems, networks, and
databases, and the confidentiality, integrity, and availability of information and data stored therein,
from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct
or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat
such offenses by facilitating their detection, investigation, and prosecution at both the domestic and
international levels, and by providing arrangements for fast and reliable international cooperation.
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SECTION 3. Definition of Terms. — For purposes of this Act, the following terms are hereby
defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data from,
or otherwise making use of any resources of a computer system or communication
network.
(b) Alteration refers to the modification or change, in form or substance, of an existing computer
data or program.
(c) Communication refers to the transmission of information through ICT media, including voice,
video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing
or communications device, or grouping of such devices, capable of performing logical,
arithmetic, routing, or storage functions and which includes any storage facility or
equipment or communications facility or equipment directly related to or operating in
conjunction with such device. It covers any type of computer device including devices
with data processing capabilities like mobile phones, smart phones, computer networks
and other devices connected to the internet.
(e) Computer data refers to any representation of facts, information, or concepts in a form
suitable for processing in a computer system including a program suitable to cause
a computer system to perform a function and includes electronic documents and/or
electronic data messages whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to achieve
intended results.
(g) Computer system refers to any device or group of interconnected or related devices, one
or more of which, pursuant to a program, performs automated processing of data. It
covers any type of device with data processing capabilities including, but not limited to,
computers and mobile phones. The device consisting of hardware and software may
include input, output and storage components which may stand alone or be connected
in a network or other similar devices. It also includes computer data storage devices or
media.
(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses, excuses, court orders, justifications,
or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical
or virtual, and/or the computer programs, computer data and/or traffic data so vital
to this country that the incapacity or destruction of or interference with such system
and assets would have a debilitating impact on security, national or economic security,
national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions,
training, best practices, assurance and technologies that can be used to protect the
cyber environment and organization and user’s assets.
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(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions
which are being prepared, processed or stored or have been prepared, processed or
stored in a formalized manner and which are intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the content of
communications, including procuring of the content of data, either directly, through
access and use of a computer system or indirectly, through the use of electronic
eavesdropping or tapping devices, at the same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability to
communicate by means of a computer system, and
(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
(o) Subscriber’s information refers to any information contained in the form of computer data or
any other form that is held by a service provider, relating to subscribers of its services
other than traffic or content data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and
the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access
numbers, any assigned network address, billing and payment information,
available on the basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the content of the
communication including, but not limited to, the communication’s origin, destination,
route, time, date, size, duration, or type of underlying service.
CHAPTER II
Punishable Acts
SECTION 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. — The access to the whole or any part of a computer system without right.
(2) Illegal Interception. — The interception made by technical means without right of any non-
public transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration
of computer data, electronic document, or electronic data message, without right,
including the introduction or transmission of viruses.
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(4) System Interference. — The intentional alteration or reckless hindering or interference
with the functioning of a computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or authority, including
the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making
available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for

the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with intent
that it be used for the purpose of committing any of the offenses under
this Act.
(ii) The possession of an item referred to in paragraphs 5 (i) (aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses
under this SECTION.
(6) Cyber-squatting. — The acquisition of a domain name over the internet, in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if such a
domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration;
(ii) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or not the data is directly
readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or
dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data
or program or interference in the functioning of a computer system, causing damage
thereby with fraudulent intent: Provided, That if no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. — The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
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(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly,
of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer
system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act
No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer
system: Provided, That the penalty to be imposed shall be (1) one degree higher than
that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic

communication with the use of computer system which seek to advertise, sell, or offer
for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers;
or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and

reliable way for the recipient to reject receipt of further commercial
electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the
source of the electronic message; and
(cc) The commercial electronic communication does not purposely include

misleading information in any part of the message in order to induce the
recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal
Code, as amended, committed through a computer system or any other similar means
which may be devised in the future.
SECTION 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. — Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit
any of the offenses enumerated in this Act shall be held liable.
SECTION 6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall
be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special
laws, as the case may be.
SECTION 7. Liability Under Other Laws. — A prosecution under this Act shall be without prejudice
to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
324
CHAPTER III
Penalties
SECTION 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in
SECTIONs 4 (a) and 4 (b) of this Act shall be punishable with imprisonment of prision mayor or a fine
of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate
to the damage incurred or both.
Any person found guilty of the punishable act under SECTION 4 (a) (5) shall be punished with
imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00)
or both.
If punishable acts in SECTION 4 (a) are committed against critical infrastructure, the penalty
of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to
maximum amount commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in SECTION 4 (c) (1) of this
Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand
pesos (PhP200,000.00) but not exceeding One million pesos (PhP1,000,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in SECTION 4 (c) (2) of this
Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the “Anti-Child
Pornography Act of 2009”: Provided,That the penalty to be imposed shall be one (1) degree higher
than that provided for in Republic Act No. 9775, if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in SECTION 4 (c) (3) shall be
punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00)
but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in SECTION 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense
or a fine of at least One hundred thousand pesos (PhP100,000.00) but not exceeding Five hundred
thousand pesos (PhP500,000.00) or both.
SECTION 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person, by a natural person acting either
individually or as part of an organ of the juridical person, who has a leading position within, based on:
(a) a power of representation of the juridical person provided the act committed falls within the scope
of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the
act committed falls within the scope of such authority; or (c) an authority to exercise control within the
juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines
imposable in SECTION 7 up to a maximum of Ten million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made possible due to the
lack of supervision or control by a natural person referred to and described in the preceding paragraph,
for the benefit of that juridical person by a natural person acting under its authority, the juridical person
shall be held liable for a fine equivalent to at least double the fines imposable in SECTION 7 up to a
maximum of Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal liability of
the natural person who has committed the offense.
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CHAPTER IV
Enforcement and Implementation
SECTION 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the
Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of
the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by
special investigators to exclusively handle cases involving violations of this Act.
SECTION 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of
cybercrime and its prevention is given focus and considering the procedures involved for international
cooperation, law enforcement authorities specifically the computer or technology crime divisions or
units responsible for the investigation of cybercrimes are required to submit timely and regular reports
including pre-operation, post-operation and investigation results and such other documents as may be
required to the Department of Justice (DOJ) for review and monitoring.
SECTION 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due
cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time
associated with specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration,
or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the
collection or recording of the above-stated information. EHTISC
The court warrant required under this SECTION shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the witnesses he may
produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes
enumerated hereinabove has been committed, or is being committed, or is about to be committed;
(2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the
conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that
there are no other means readily available for obtaining such evidence.
SECTION 13. Preservation of Computer Data. — The integrity of traffic data and subscriber
information relating to communication services provided by a service provider shall be preserved for
a minimum period of six (6) months from the date of the transaction. Content data shall be similarly
preserved for six (6) months from the date of receipt of the order from law enforcement authorities
requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6)
months: Provided, That once computer data preserved, transmitted or stored by a service provider is
used as evidence in a case, the mere furnishing to such service provider of the transmittal document
to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the
termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order and
its compliance.
SECTION 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing
a court warrant, shall issue an order requiring any person or service provider to disclose or submit
subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two
(72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for
investigation and the disclosure is necessary and relevant for the purpose of investigation.
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SECTION 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure
warrant is properly issued, the law enforcement authorities shall likewise have the following powers and
duties.
Within the time period specified in the warrant, to conduct interception, as defined in this Act,
and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or
computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge
about the functioning of the computer system and the measures to protect and preserve the computer
data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the
search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the examination
of the computer data storage medium and to make a return thereon but in no case for a period longer
than thirty (30) days from date of approval by the court.
SECTION 16. Custody of Computer Data. — All computer data, including content and traffic
data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the
period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by
an affidavit of the law enforcement authority executing it stating the dates and times covered by the
examination and the law enforcement authority who may access the deposit, among other relevant
data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any
part thereof have been made, or if made, that all such duplicates or copies are included in the package
deposited with the court. The package so deposited shall not be opened, or the recordings replayed,
or used in evidence, or their contents revealed, except upon order of the court, which shall not be
granted except upon motion, with due notice and opportunity to be heard to the person or persons
whose conversation or communications have been recorded.
SECTION 17. Destruction of Computer Data. — Upon expiration of the periods as provided in
SECTIONs 13 and 15, service providers and law enforcement authorities, as the case may be, shall
immediately and completely destroy the computer data subject of a preservation and examination.
SECTION 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the
authority of the same shall be inadmissible for any proceeding before any court or tribunal.
SECTION 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima
facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or
block access to such computer data.
SECTION 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof
specifically the orders from law enforcement authorities shall be punished as a violation of Presidential
Decree No. 1829 with imprisonment of prision correccional in its maximum period or a fine of One
hundred thousand pesos (Php100,000.00) or both for each and every noncompliance with an order
issued by law enforcement authorities.
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CHAPTER V
Jurisdiction
SECTION 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation
of the provisions of this Act including any violation committed by a Filipino national regardless of the
place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines
or committed with the use of any computer system wholly or partly situated in the country, or when
by such commission any damage is caused to a natural or juridical person who, at the time the offense
was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to
handle cybercrime cases.
CHAPTER VI
International Cooperation
SECTION 22. General Principles Relating to International Cooperation. — All relevant international
instruments on international cooperation in criminal matters, arrangements agreed on the basis of
uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of
investigations or proceedings concerning criminal offenses related to computer systems and data, or
for the collection of evidence in electronic form of a criminal offense shall be given full force and effect.
CHAPTER VII
Competent Authorities
SECTION 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime
within the DOJ designated as the central authority in all matters related to international mutual
assistance and extradition.
SECTION 24. Cybercrime Investigation and Coordinating Center. — There is hereby created,
within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the
Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the
Office of the President, for policy coordination among concerned agencies and for the formulation and
enforcement of the national cybersecurity plan.
SECTION 25. Composition. — The CICC shall be headed by the Executive Director of the
Information and Communications Technology Office under the Department of Science and Technology
(ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head
of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as
members. The CICC shall be manned by a secretariat of selected existing personnel and representatives
from the different participating agencies.
SECTION 26. Powers and Functions. — The CICC shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for the
suppression of real-time commission of cybercrime offenses through a computer
emergency response team (CERT);
(b) To coordinate the preparation of appropriate and effective measures to prevent and
suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being handled by participating law enforcement and
prosecution agencies;
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(d) To facilitate international cooperation on intelligence, investigations, training and capacity
building related to cybercrime prevention, suppression and prosecution;
(e) To coordinate the support and participation of the business sector, local government units
and nongovernment organizations in cybercrime prevention programs and other related
projects;
(f) To recommend the enactment of appropriate laws, issuances, measures and policies;
(g) To call upon any government agency to render assistance in the accomplishment of the
CICC’s mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and suppression, including
capacity building and such other functions and duties as may be necessary for the
proper implementation of this Act.
CHAPTER VIII
Final Provisions
SECTION 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000.00) shall be
appropriated annually for the implementation of this Act.
SECTION 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the
Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and
regulations within ninety (90) days from approval of this Act, for its effective implementation.
SECTION 29. Separability Clause. — If any provision of this Act is held invalid, the other provisions
not affected shall remain in full force and effect.
SECTION 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby
repealed or modified accordingly. SECTION 33 (a) of Republic Act No. 8792 or the “Electronic Commerce
Act” is hereby modified accordingly. HDITCS
SECTION 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
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Title of Law: An Act To Strengthen And Propagate Foster Care And To Provide Funds There-
for
Short Title: Foster Care Act of 2012

Amended by: N/A

Implementing Rules and Regulation: Implementing Rules and Regulations of the Foster
Care Act of 2012 (February 14, 2013)
AN ACT TO STRENGTHEN AND PROPAGATE FOSTER CARE AND TO PROVIDE FUNDS THEREFOR
ARTICLE I
General Provisions
SECTION 1. Title. — This Act shall be known as the “Foster Care Act of 2012”.
SECTION 2. Declaration of Policy. — Article XV of the Constitution provides that the State shall
defend the right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation or other conditions prejudicial to their development.
It is hereby declared the policy of the State to provide every child who is neglected, abused,
surrendered, dependent, abandoned, under sociocultural difficulties, or with special needs with an
alternative family that will provide love and care as well as opportunities for growth and development.
The State shall guarantee that all the rights of the child enumerated under Article 3 of Presidential
Decree No. 603, otherwise known as “The Child and Youth Welfare Code”, as amended, and the rights
found under Article 20 of the United Nations Convention on the Rights of the Child shall be observed.
The State recognizes that in most cases, a child will benefit more from foster care than
institutional care. Towards this end, the State shall systematize and enhance the foster care program
in the country. It shall ensure that the foster family shall provide a wholesome atmosphere to the foster
child. Further to this end, the State recognizes that foster care is an important step towards the child’s
return and reintegration to his biological parents or placement with an adoptive family.
The State shall also protect the rights of the biological child of the foster family and ensure that
in no case shall the child be disadvantaged as a result of the placement of a foster child.
In all cases, the child’s right to health shall be upheld and protected.
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms are defined:
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(a) Agency refers to any child-caring or child-placing institution licensed and accredited by the
Department of Social Welfare and Development (DSWD) to implement the foster care
program.
(b) Child refers to a person below eighteen (18) years of age, or one who is over eighteen
(18) but is unable to fully take care of or protect oneself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition.
(c) Child Case Study Report refers to a written report prepared by a social worker containing all
the necessary information about a child.
(d) Child with Special Needs refers to a child with developmental or physical disability.
(e) Family refers to the parents or brothers and sisters, whether of the full or half-blood, of the
child.
(f) Foster Care refers to the provision of planned temporary substitute parental care to a child
by a foster parent.
(g) Foster Child refers to a child placed under foster care.
(h) Foster Family Care License refers to the document issued by the DSWD authorizing the
foster parent to provide foster care.
(i) Foster Parent refers to a person, duly licensed by the DSWD, to provide foster care.
(j) Foster Placement Authority (FPA) refers to the document issued by the DSWD authorizing
the placement of a particular child with the foster parent.
(k) Home Study Report refers to a written report prepared by a social worker containing the
necessary information on a prospective parent or family member.
(l) Matching refers to the judicious pairing of a child with foster parent and family members
based on the capacity and commitment of the foster parent to meet the individual
needs of the particular child and the capacity of the child to benefit from the placement.
(m) Parent refers to the biological or adoptive parent or legal guardian of a child.
(n) Placement refers to the physical transfer of the child with the foster parent.
(o) Relatives refer to the relatives of a child, other than family members, within the fourth degree
of consanguinity or affinity.
(p) Social Worker refers to the registered and licensed social worker of the DSWD, local
government unit (LGU) or agency.
ARTICLE II
Eligibility
SECTION 4. Who may be Placed under Foster Care. — The following may be placed in foster
care:
(a) A child who is abandoned, surrendered, neglected, dependent or orphaned;
(b) A child who is a victim of sexual, physical, or any other form of abuse or exploitation;
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(c) A child with special needs;
(d) A child whose family members are temporarily or permanently unable or unwilling to provide
the child with adequate care;
(e) A child awaiting adoptive placement and who would have to be prepared for family life;
(f) A child who needs long-term care and close family ties but who cannot be placed for domestic
adoption;
(g) A child whose adoption has been disrupted;
(h) A child who is under socially difficult circumstances such as, but not limited to, a street child,
a child in armed conflict or a victim of child labor or trafficking;
(i) A child who committed a minor offense but is released on recognizance, or who is in custody
supervision or whose case is dismissed; and
(j) A child who is in need of special protection as assessed by a social worker, an agency or the
DSWD.
Provided, That in the case of (b),(c),(f),(h),(i),and (j),the child must have no family willing and
capable of caring and providing for him.
SECTION 5. Who May be a Foster Parent. — An applicant who meets all of the following
qualifications may be a foster parent:
(a) Must be of legal age;
(b) Must be at least sixteen (16) years older than the child unless the foster parent is a relative;
(c) Must have a genuine interest, capacity and commitment in parenting and is able to provide
a familial atmosphere for the child;
(d) Must have a healthy and harmonious relationship with each family member living with him
or her;
(e) Must be of good moral character;
(f) Must be physically and mentally capable and emotionally mature;
(g) Must have sufficient resources to be able to provide for the family’s needs;
(h) Must be willing to further hone or be trained on knowledge, attitudes and skills in caring for
a child; and
(i) Must not already have the maximum number of children under his foster care at the time
of application or award, as may be provided in the implementing rules and regulations
(IRR) of this Act.
Provided, That in determining who is the best suited foster parent, the relatives of the child
shall be given priority, so long as they meet the above qualifications: Provided, further, That an alien
possessing the above qualifications and who has resided in the Philippines for at least twelve (12)
continuous months and maintains such residence until the termination of placement by the DSWD or
expiration of the foster family license, may qualify as a foster parent.
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ARTICLE III
Parental Authority of Foster Parents
SECTION 6. Parental Authority of a Foster Parent. — Foster parents shall have the rights, duties
and liabilities of persons exercising substitute parental authority, as may be provided under the Family
Code over the children under their foster care.
SECTION 7. Limitations on Parental Authority of Foster Parents. — Foster parents shall only
have the rights of a person with special parental authority to discipline the foster children as defined
under SECTION 283 of the Family Code, insofar as it prohibits the infliction of corporal punishment upon
the child.
ARTICLE IV
Procedure
SECTION 8. Recruitment and Development of Foster Parents. — To recruit applications for foster
care, the DSWD shall reach out to various communities and LGUs and work preferably with the Local
Council for the Protection of Children (LCPC).
SECTION 9. Submission of Home Study Report. — The social worker shall make a detailed Home
Study Report of an applicant’s background and circumstances, carried out in a series of planned visits
and interviews, in order to determine if the applicant meets the basic requirements for foster care and
is suitable to become a foster parent.
SECTION 10. Issuance of License. — The DSWD shall issue a Foster Family Care License based
on the Home Study Report submitted by the agency to determine the motivations, capacities and
potentials for development of applicants. The license is renewable every three (3) years unless earlier
revoked by the DSWD.
SECTION 11. Matching. — Matching shall be done by the agency only after the child case study
and the home study have been conducted, save for exceptions to be determined by the DSWD, taking
into consideration the best interests of the child.
The child case study report shall establish the needs of the child for consideration in the selection
of the foster parent. Likewise, the Home Study Report shall establish said foster parent’s capacity and
resources to provide a safe, secure and loving home to the child.
SECTION 12. Placement. — The physical transfer of the child to the foster parent shall be allowed
only after the FPA has been issued, save for exceptions to be determined by the DSWD, taking into
consideration the best interest of the child.
SECTION 13. Supervision of Foster Placement. — Supervised foster placement begins as soon
as the foster parent receives the child into his care. During the foster placement, the social worker
shall conduct regular home visits to monitor the child’s adjustment in the foster home and shall submit
progress reports to the DSWD.
In case of incident, injury or death of a foster child, or if he runs away or gets lost, such case
shall be reported immediately to the agency, which, in turn, shall immediately report the same to the
DSWD.
SECTION 14. Termination of Placement. — Termination of placement shall be done by the DSWD,
upon recommendation of the agency, on the following grounds:
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(a) Return of the child to biological parents;
(b) Placement for adoption of the child;
(c) Death of the child;
(d) Death of both foster parents;
(e) Expiration of the FPA; and
(f) In all cases where placement becomes prejudicial to the welfare of the child, such as, but
not limited to, abandonment, maltreatment, sexual assault, violence or other forms of
abuse.
Provided, That in the case of (f),the foster child, with the assistance of a registered social worker,
shall have the option to apply for termination of placement.
ARTICLE V
Long-Term Foster Placement
SECTION 15. Long-Term Foster Placement Authority. — If a child has been under the care of a
foster parent for a period of at least seven (7) years, the said foster parent may apply for Long-Term
Foster Placement Authority (LTFPA), subject to the following conditions:
(a) The child’s return to his biological parents or placement in an adoptive family is not imminent;
(b) The foster parent continues to possess the qualifications required under this Act and a valid
foster family care license for the entire duration of the foster care;
(c) The child, if ten (10) years of age or over, duly assisted by a social worker, gives written
consent for long-term stay with the foster parent; and
(d) Aside from the regular monitoring visits, the DSWD shall reassess and reevaluate the foster
home situation every three (3) years, to determine whether it is in the best interest of
the child to continue living in the foster home on a long-term basis.
LTFPA grants the foster parent custody over the foster child without the requirement of the
eventuality of adoption of the latter by the former. During this period, the foster child shall enjoy the
rights of a child under Article 3 of the Child and Youth Welfare Code, and under other laws: Provided, That
there shall be no mandatory rights of succession in favor of the foster child.
SECTION 16. Long-Term Foster Care Commitment. — Taking into consideration the stability and
best interest of the foster child, a foster parent, who unilaterally terminates the LTFPA before the foster
child reaches the age of majority or finishes tertiary education, shall make provisions for the education
and basic needs of the foster child, in accordance with the standards in which the child has been raised
or has become accustomed to, within the said period: Provided, That the foster parent has the means
to support the foster child in keeping with the financial capacity of the family.
ARTICLE VI
Adoption of a Foster Child
SECTION 17. Conditions. — A foster parent may adopt his foster child subject to the following
conditions:
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(a) The foster parent must have all the qualifications as provided for by Republic Act No. 8552,
otherwise known as the Domestic Adoption Act of 1998 or Republic Act No. 8043,
otherwise known as the Inter-Country Adoption Act of 1995, as the case may be;
(b) The trial custody, as required in adoption, may be waived: Provided, That a harmonious
relationship exists between the child and his foster parent and family members; and
(c) The procedures for adoption, for purposes of this Act, shall be governed by Domestic
Adoption Act of 1998 or Inter-Country Adoption Act of 1995, as the case may be.
ARTICLE VII
Local Government Units
SECTION 18. Role of Local Government Units (LGUs). — LGUs shall promote the foster care
system in their respective territorial jurisdictions.
SECTION 19. Funding. — In accordance with the Local Government Code, LGUs shall primarily
be responsible for social welfare services which include foster care programs. However, the national
government shall provide financial support, priority given to third (3rd), fourth (4th) and fifth (5th) class
municipalities.
SECTION 20. Seminars and Trainings. — The DSWD, in coordination with the Department of the
Interior and Local Government (DILG),is hereby mandated to develop and provide programs to ensure
the awareness and responsiveness of local government officials in the promotion and development of
the foster care system in every city, municipality or barangay.
ARTICLE VIII
Assistance and Incentives
SECTION 21. Assistance to a Foster Child. —
(a) Foster Child Subsidy. — A foster child, through the agency, shall be entitled to a monthly
subsidy from the DSWD, subject to existing government auditing rules and regulations.
The subsidy is primarily aimed at supporting the expenses of the child to lessen the
financial burden on the foster parent:
Provided, That support may be waived if the foster parent is capable of supporting the foster
child.
(b) Health Insurance. — A foster child shall automatically be a PhilHealth beneficiary of the foster
parent and as such, entitled to health insurance benefits. If the foster parent is not a
PhilHealth member, he must seek enrollment with PhilHealth. LGUs and agencies shall
provide assistance to the foster parents to ensure enrollment.
SECTION 22. Assistance and Incentives to Foster Parent. —
(a) Support Care Services. — The DSWD, the social service units of LGUs and agencies shall
provide support care services to include, but not limited to, counseling, visits, training on
child care and development, respite care, skills training and livelihood assistance.
(b) Additional Exemption for Dependents. — For purposes of claiming the Twenty-five thousand
pesos (PhP25,000.00) additional exemption for foster parents for each dependent
not exceeding four (4) as provided for by Republic Act No. 9504, the definition of the
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term “dependent” under SECTION 35 (B) of the National Internal Revenue Code (NIRC)
of 1997 shall be amended to include “foster child”: Provided, That all other conditions
provided for under the aforesaid SECTION of the NIRC of 1997 must be complied
with: Provided, further, That this additional exemption shall be allowed only if the period
of foster care is at least a continuous period of one (1) taxable year.
For purposes of this SECTION, only one (1) foster parent can treat the foster child as a dependent
for a particular taxable year. As such, no other parent or foster parent can claim the said child as a
dependent for that period.
SECTION 23. Incentives to Agencies. — Agencies shall be entitled to the following tax incentives:
(a) Exemption from Income Tax. — Agencies shall be exempt from income tax on the income
derived by it as such organization pursuant to SECTION 30 of the NIRC of 1997, as
implemented by Revenue Regulation (RR) No. 13-98; and
(b) Qualification as a Donee Institution. — Agencies can also apply for qualification as a donee
institution.
SECTION 24. Incentives to Donors. — Donors of an agency shall be entitled to the following:
(a) Allowable Deductions. — Donors shall be granted allowable deductions from its gross income
to the extent of the amount donated to agencies in accordance with SECTION 34 (H) of
the NIRC of 1997; and
(b) Exemption from Donor’s Tax. — Donors shall be exempted from donor’s tax under SECTION
101 of the NIRC of 1997: Provided, That not more than thirty percent (30%) of the amount
of donations shall be spent for administrative expenses.
ARTICLE IX
Penalties
SECTION 25. Penalties.—
(a) Any foster parent, found to be committing any act of neglect, abuse, cruelty, or exploitation
and other similar acts prejudicial to the child’s development, shall be penalized in
accordance with Republic Act No. 7610, otherwise known as “An Act Providing for
Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and
Discrimination, Providing for Its Violation, and for Other Purposes”, and other applicable
laws.
(b) An agency which violates SECTIONs 11, 12, 13 or any other provision of this Act and its IRR
shall suffer the following penalties:
(1) For the first violation, a fine of not less than Twenty-five thousand pesos (PhP25,000.00)
but not exceeding Fifty thousand pesos (PhP50,000.00); and
(2) For any subsequent violation, a fine of not less than Fifty thousand pesos (PhP50,000.00)
but not exceeding One hundred thousand pesos (PhP100,000.00), and revocation
of license to operate.
(c) Any person, natural or juridical, other than the foster parent or any agency, violating any
provision of this Act and its IRR shall be penalized with imprisonment of one (1) month
to six (6) years, depending on the gravity of the offense or a fine of not less than
Ten thousand pesos (PhP10,000.00) but not more than One hundred thousand pesos
(PhP100,000.00), or both, at the discretion of the court.
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(d) If the offender is a public official, the court may impose the additional penalty of disqualification
from office in addition to the penalties provided in the preceding paragraph.
ARTICLE X
Final Provisions
SECTION 26. Foster Care Committee. — The Regional Child Welfare Specialist Group of the
DSWD shall serve as the Foster Care Committee, which shall have the following functions:
(a) Review and deliberate issues affecting the placement of a particular child;
(b) Make recommendations to resolve any dispute between and among the agency, the parents,
the foster parents and the child;
(c) Monitor the implementation, review, and recommend changes in policies concerning foster
care and other matters related to the child’s welfare;
(d) Submit to the Secretary of the DSWD and to Congress an annual report of the policies,
programs and activities relative to the implementation of this Act; and
(e) Perform such other functions and duties as may be prescribed by the DSWD.
SECTION 27. Appropriation. — The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment into law and
thereafter. An initial amount of Twenty-five million pesos (PhP25,000,000.00) shall be allocated for
the first year of its operation. Such sum shall be intended to support the foster care programs of the
DSWD and agencies.
SECTION 28. Implementing Rules and Regulations. — The DSWD, as lead agency, the Department
of Justice (DOJ), the Department of Health (DOH), the Bureau of Internal Revenue (BIR), the Council on
Welfare of Children (CWC), the DILG and other concerned government agencies, in consultation with
agencies are hereby mandated to prepare and draft the IRR to operationalize the provisions of this Act
within (3) months from its effectivity.
SECTION 29. Suppletory Clause. — The provisions of Executive Order No. 209, otherwise known
as the Family Code of the Philippines and other applicable laws, shall have suppletory application to
this Act.
SECTION 30. Repealing Clause. — Any law, presidential decree, issuance, executive order, letter
of instruction, administrative order, rule and regulation contrary to or inconsistent with the provisions
of this Act is hereby repealed, modified or amended accordingly.
the other provisions not affected hereby shall remain valid and subsisting.
SECTION 32. Effectivity. — This Act shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation or in the Official Gazette.
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Title of Law: An Act Decriminalizing Vagrancy, Amending For This Purpose Article 202 Of Act
No. 3815, As Amended, Otherwise Known As The Revised Penal Code
Short Title: N/A


Amended by: N/A
AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE 202 OF ACT NO.
3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
SECTION 1. Article 202 of the Revised Penal Code is hereby, amended to read as follows:
“Article 202.Prostitutes; Penalty. — For the purposes of this article, women who,
for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are
deemed to be prostitutes.”
“Any person found guilty of any of the offenses covered by this article shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism,
by arresto mayor in its medium period to prision correccional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.”
SECTION 2. Effect on Pending Cases. — All pending cases under the provisions of Article 202
of the Revised Penal Code on Vagrancy prior to its amendment by this Act shall be dismissed upon
SECTION 3. Immediate Release of Convicted Persons. — All persons serving sentence for
violation of the provisions of Article 202 of the Revised Penal Code on Vagrancy prior to its amendment
by this Act shall be immediately released upon effectivity of this Act: Provided, That they are not
serving sentence or detained for any other offense or felony.
regulations and other issuances, or any part thereof, inconsistent with this Act are hereby repealed,
modified or amended accordingly.
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Title of Law: An Act Institutionalizing The Kindergarten Education Into The Basic Education
System And Appropriating Funds Therefor
Short Title: Kindergarten Education Act

Amended by: N/A

10157, otherwise known as the Kindergarten Education Act (April 17, 2012)
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC EDUCATION

SYSTEM AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as the “Kindergarten Education Act”.
SECTION 2. Declaration of Policy. — In consonance with the Millennium Development Goals on
achieving Education for All (EFA) by the year 2015, it is hereby declared the policy of the State to provide
equal opportunities for all children to avail of accessible mandatory and compulsory kindergarten education
that effectively promotes physical, social, intellectual, emotional and skills stimulation and values formation
to sufficiently prepare them for formal elementary schooling. This Act shall apply to elementary school
system being the first stage of compulsory and mandatory formal education. Thus, kindergarten will now
be an integral part of the basic education system of the country.
Kindergarten education is vital to the academic and technical development of the Filipino child for it
is the period when the young mind’s absorptive capacity for learning is at its sharpest. It is also the policy of
the State to make education learner-oriented and responsive to the needs, cognitive and cultural capacity,
the circumstances and diversity of learners, schools and communities through the appropriate languages
of teaching and learning.
SECTION 3. Definition of Terms. — The terms used in this Act are defined as follows:
(a) DepEd shall refer to the Department of Education;
(b) BEE shall refer to the Bureau of Elementary Education;
(c) Kindergarten education shall be understood in this Act to mean one (1) year of
preparatory education for children at least five (5) years old as a prerequisite for
Grade I; and
(d) Mother tongue refers to the language first learned by a child.
SECTION 4. Institutionalization of Kindergarten Education. — Kindergarten education is hereby
institutionalized as part of basic education and for school year 2011-2012 shall be implemented partially,
and thereafter, it shall be made mandatory and compulsory for entrance to Grade 1.
SECTION 5. Medium of Instruction. — The State shall hereby adopt the mother tongue-based
multilingual education (MTB-MLE) method. The mother tongue of the learner shall be the primary medium
of instruction for teaching and learning in the kindergarten level. However, exceptions shall be made to the
following cases:
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(a) When the pupils in the kindergarten classroom have different mother tongues or when
some of them speak another mother tongue;
(b) When the teacher does not speak the mother tongue of the learners;
(c) When resources, in line with the use of the mother tongue, are not yet available; and
(d) When teachers are not yet trained how to use the MTB-MLE program.
In such exceptional cases, the primary medium of instruction shall be determined by the DepEd
aligned with the framework being used in the elementary level including teacher training and production of
local resources and materials under DepEd Order No. 74, series of 2009.
The DepEd, in coordination with the Commission on Filipino Language and in close collaboration
with academic and research institutions concerned with education, shall formulate a mother tongue-based
multilingual framework for teaching and learning: Provided, That the DepEd will include teaching strategies
as defined in SECTION 7 (c) which aims to introduce and eventually strengthen the child’s understanding
of English, which is the official language.
SECTION 6. Implementing Agency. — The authority to regulate the organization, operation and/or
implementation of the kindergarten education program of both public and private schools shall be vested
upon the DepEd, through the creation of a new Division under the BEE and other necessary support to
achieve successful implementation of kindergarten education to include, but not limited to, increasing
the number of kindergarten teacher positions with the required salaries and benefits, enhancing teacher
training in early education, and providing the necessary allocations for classrooms and chairs, facilities and
equipment, and textbooks.
SECTION 7. Duties, Powers and Functions. — The DepEd, through the BEE, shall exercise the
following powers and functions:
(a) Oversee and supervise the organization, operation and implementation of the
kindergarten education program;
(b) Develop the curriculum for kindergarten education consistent with the universally
accepted norms and standards, including values formation all of which shall be
developmentally appropriate, and use of the MTB-MLE as a medium of instruction
and to periodically review such for purposes of upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall
include, but not limited to, the following:
(1) The two-track method (storytelling and reading, listening story, oral
communication activities);
(2) Interactive strategies;
(3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR) among
others.
The learning development materials shall consist of the following at the minimum:
(i) Listening story;
(ii) Small books;
(iii) Big books;
(iv) Experience story;
(v) Primer lessons; and
(vi) Lessons exemplars;
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(d) Conceive, develop and extend a continuing professional development program for
kindergarten teachers to ensure constant updating of their knowledge in current
trends, pedagogy, methodologies and concepts on early childhood education;
(e) Prescribe the necessary qualifications for the hiring and accreditation of teachers who
will handle the kindergarten education program;
(f) Exercise authority over the operation of private kindergarten institutions;
(g) Supervise the establishment of various venues for early childhood education which
may be institution-based, home-based, hospital-based or community-based, and
which shall be duly accredited by the DepEd; and
(h) Introduce innovative programs in kindergarten that shall include educational
technologies, whenever applicable.
SECTION 8. Appropriations. — The DepEd shall immediately include in the program of the
Department the operationalization of the free, mandatory and compulsory public kindergarten education,
the initial funding of which shall be charged against the current appropriations for kindergarten education
of the DepEd. Thereafter, such sums which shall be necessary for the continued implementation of the free
public kindergarten education program shall be charged to the General Fund and included in the annual
SECTION 9. Implementing Rules and Regulations. — Within ninety (90) days after the effectivity of
this Act, the DepEd, in consultation with the Department of Budget and Management, shall promulgate the
rules and regulations needed for the implementation of this Act.
SECTION 10. Separability Clause. — If any provision of this Act is held invalid or unconstitutional, the
SECTION 11. Repealing Clause. — Pertinent provisions of all other laws, decrees, executive orders
and rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or
SECTION 12. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.
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Title of Law: An Act Providing For Mandatory Basic Immunization Services For Infants And
Children, Repealing For This Purpose The Presidential Decree No. 996, As Amended
Short Title: Mandatory Infants and Children Health Immunization Act of 2011

Amended by: N/A
AN ACT PROVIDING FOR MANDATORY BASIC IMMUNIZATION SERVICES FOR INFANTS AND
CHILDREN, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 996, AS AMENDED
SECTION 1. Title. — This Act shall be known as the “Mandatory Infants and Children Health
Immunization Act of 2011”.
SECTION 2. Declaration of Policy. — In accordance with Article II, SECTION 15 of the Constitution,
it is hereby declared to be the policy of the State to take a proactive role in the preventive health
care of infants and children. Towards this end, the State shall adopt a comprehensive, mandatory and
sustainable immunization program for vaccine-preventable diseases for all infants and children.
SECTION 3. Coverage. — The mandatory basic immunization for all infants and children provided
under this Act shall cover the following vaccine-preventable diseases:
(a) Tuberculosis;
(b) Diphtheria, tetanus and pertussis;
(c) Poliomyelitis;
(d) Measles;
(e) Mumps;
(f) Rubella or German measles;
(g) Hepatitis-B;
(h) H. Influenza type B (HIB); and
(i) Such other types as may be determined by the Secretary of Health in a department
circular.
The mandatory basic immunization shall be given for free at any government hospital or health
center to infants and children up to five (5) years of age.
Hepatitis-B vaccine shall be administered by any duly licensed physician, nurse or midwife
to all infants born in hospitals, health infirmaries, health centers or lying-in centers with obstetrical
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and pediatric services, whether public or private, within twenty-four (24) hours after birth: Provided,
however, That in cases of infants born in places other than the above, any duly licensed physician, nurse
or midwife who delivers, or assists in the delivery of the newborn shall be responsible for administering
the vaccine to the latter: Provided, further, That for deliveries assisted by persons other than the health
professionals mentioned above, the infant should be brought to any available health care facility so as
to be immunized against Hepatitis-B within twenty-four (24) hours after birth but not later than seven (7)
days: Provided, finally, That subsequent doses of Hepatitis-B vaccination shall be completed according
to the recommended schedule of Hepatitis-B immunization, as may be provided in the implementing
rules and regulations to be issued by the Department of Health (DOH).
SECTION 4. Education and Information Campaign. — All health care practitioners or health care
workers who are administering prenatal care shall educate all pregnant mothers on the importance of
giving their infants the basic immunization services as well as any possible effects of immunization.
The DOH, other government agencies, nongovernment organizations, professional and

academic societies, and local government units shall make available appropriate information materials
and shall have a system of its distribution to the public.
SECTION 5. Obligation to Inform. — Any physician, nurse, midwife, nursing aide or skilled birth
attendant, who delivers, or assists in the delivery of, a newborn shall, prior to delivery, inform parents or
legal guardian of the newborn of the availability, nature and benefits of immunization against Hepatitis-B
and other vaccine-preventable diseases at birth.
SECTION 6. Continuing Education and Training of Health Personnel. — The DOH, with
the assistance of local government units, academe, professional societies and nongovernmental
organizations, shall undertake continuing information, education and training programs for all health
personnel on the rationale and benefits of as well as modern procedures for immunization of infants
and children against vaccine-preventable diseases.
SECTION 7. Appropriations. — The amount necessary to carry out the implementation of this
Act shall be charged against the current year’s appropriations for expanded program on immunization
of the DOH. Thereafter, such sums as may be necessary for the continued implementation of this Act
shall be included in the annual General Appropriations Act.
The Philippine Health Insurance Corporation (PHIC) shall include the basic immunization services
in its benefit package.
SECTION 8. Implementing Rules and Regulations. — The DOH, in consultation with the National
Immunization Committee, shall issue the implementing rules and regulations within ninety (90) days
after the approval of this Act.
SECTION 9. Separability Clause. — If, for any reason, any part or provision of this Act shall be
declared unconstitutional or invalid, the remaining provisions hereof which are not affected thereby
shall continue to be in full force and effect.
SECTION 10. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or
parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.
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Title of Law: An Act Expanding The Promotion Of Breastfeeding, Amending For The Purpose
Republic Act No 7600, Otherwise Known As “An Act Providing Incentives To All Government
And Private Health Institutions With Rooming-In And Breastfeeding Practices And For Other
Purposes”
Short Title: Expanded Breastfeeding Promotion Act of 2009


Amended by: N/A
10028 also known as the “Expanded Breastfeeding Promotion Act of 2009” (August 22,
2011)
AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING, AMENDING FOR THE PURPOSE

REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS “AN ACT PROVIDING INCENTIVES
TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND
BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES”
SECTION 1. Short Title. — This Act shall be known as the “Expanded Breastfeeding Promotion
Act of 2009”.
“SEC. 2. Declaration of Policy. — The State adopts rooming-in as a national

policy to encourage, protect and support the practice of breastfeeding. It shall create
an environment where basic physical, emotional, and psychological needs of mothers
and infants are fulfilled through the practice of rooming-in and breastfeeding.
“The State shall likewise protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities
and opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation. This is consistent with international treaties and
conventions to which the Philippines is a signatory such as the Convention on the
Elimination of Discrimination Against Women (CEDAW), which emphasizes provision of
necessary supporting social services to enable parents to combine family obligations
with work responsibilities; the Beijing Platform for Action and Strategic Objective, which
promotes harmonization of work and family responsibilities for women and men; and
the Convention on the Rights of the Child, which recognizes a child’s inherent right to life
and the State’s obligations to ensure the child’s survival and development.
“Breastfeeding has distinct advantages which benefit the infant and the mother,
including the hospital and the country that adopt its practice. It is the first preventive
health measure that can be given to the child at birth. It also enhances mother-infant
relationship. Furthermore, the practice of breastfeeding could save the country valuable
foreign exchange that may otherwise be used for milk importation.
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“Breastmilk is the best food since it contains essential nutrients completely
suitable for the infant’s needs. It is also nature’s first immunization, enabling the infant to
fight potential serious infection. It contains growth factors that enhance the maturation
of an infant’s organ systems.
“Towards this end, the State shall promote and encourage breastfeeding and
provide the specific measures that would present opportunities for mothers to continue
expressing their milk and/or breastfeeding their infant or young child.”
“SEC. 3. Definition of Terms. — For purposes of this Act, the following definitions
are adopted:
“a) Age of gestation — the length of time the fetus is inside the
mother’s womb.
“b) Bottlefeeding — the method of feeding an infant using a bottle

with artificial nipples, the contents of which can be any type of fluid.
“c) Breastfeeding — the method of feeding an infant directly

from the human breast.
“d) Breastmilk — the human milk from a mother.
“e) Breastmilk substitute — any food being marketed or otherwise

represented as partial or total replacement of breastmilk whether or not
suitable for that purpose.
“f) Donor milk — the human milk from a non-biological mother.
“g) Expressed breastmilk — the human milk which has been

extracted from the breast by hand or by breast pump. It can be fed to an
infant using a dropper, a nasogastric tube, a cup and spoon, or a bottle.
“h) Expressing milk — the act of extracting human milk from the
breast by hand or by pump into a container.
“i) Formula feeding — the feeding of a newborn with infant

formula usually by bottlefeeding. It is also called artificial feeding.
“j) Health institutions — are hospitals, health infirmaries, health

centers, lying-in centers, or puericulture centers with obstetrical and
pediatric services.
“k) Health personnel — are professionals and workers who

manage and/or administer the entire operations of health institutions
and/or who are involved in providing maternal and child health services.
“l) Health workers — all persons who are engaged in health

and health-related work, and all persons employed in all hospitals,
sanitaria, health infirmaries, health centers, rural health units, barangay
health stations, clinics and other health-related establishments,
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whether government or private, and shall include medical, allied health
professional, administrative and support personnel employed regardless
of their employment status.
“m) Infant — a child within zero (0) to twelve (12) months of age.
“n) Infant formula — the breastmilk substitute formulated

industrially in accordance with applicable Codex Alimentarius standards,
to satisfy the normal nutritional requirements of infants up to six (6)
months of age, and adopted to their physiological characteristics.
“o) Lactation management — the general care of a mother-infant

nursing couple during the mother’s prenatal, immediate postpartum and
postnatal periods. It deals with educating and providing knowledge and
information to pregnant and lactating mothers on the advantages of
breastfeeding, the risks associated with breastmilk substitutes and milk
products not suitable as breastmilk substitutes such as, but not limited
to, condensed milk and evaporated milk, the monitoring of breastfeeding
mothers by health workers and breastfeeding peer counselors for
service patients to ensure compliance with the Department of Health,
World Health Organization (WHO) and the United Nations Children’s
Fund (UNICEF) on the implementation of breastfeeding policies, the
physiology of lactation, the establishment and maintenance of lactation,
the proper care of the breasts and nipples, and such other matters that
would contribute to successful breastfeeding.
“p) Lactation stations — private, clean, sanitary, and well-ventilated

rooms or areas in the workplace or public places where nursing mothers
can wash up, breastfeed or express their milk comfortably and store this
afterward.
“q) Low birth weight infant — a newborn weighing less than two
thousand five hundred (2,500) grams at birth.
“r) Nursing employee — any female worker, regardless of

employment status, who is breastfeeding her infant and/or young child.
“s) Mother’s milk — the breastmilk from the newborn’s own

mother.
“t) Non-health facilities, establishment or institution — public

places and working places, as defined in subparagraphs (u) and (y),
respectively.
“u) Public place — enclosed or confined areas such as schools,

public transportation terminals, shopping malls, and the like.
“v) Rooming-in — the practice of placing the newborn in the

same room as the mother right after delivery up to discharge to facilitate
mother-infant bonding and to initiate breastfeeding. The infant may
either share the mother’s bed or be placed in a crib beside the mother.
“w) Seriously ill mothers — are those who are: with severe
infections; in shock, in severe cardiac or respiratory distress; or dying;
or those with other conditions that may be determined by the attending
physician as serious.
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“x) Wet-nursing — the feeding of a newborn from another
mother’s breast when his/her own mother cannot breastfeed.
“y) Workplace — work premises, whether private enterprises or

government agencies, including their subdivisions, instrumentalities and
government-owned and -controlled corporations.
“z) Young child — a child from the age of twelve (12) months and
one (1) day up to thirty-six (36) months.”
“SEC. 4. Applicability. — The provisions in this Chapter shall apply to all

private enterprises as well as government agencies, including their subdivisions and
instrumentalities, and government-owned and -controlled corporations.
“Upon application to, and determination by, the Secretary of the Department of
Labor and Employment for the private sector, and the Chairperson of the Civil Service
Commission for the public sector, all health and non-health facilities, establishments and
institutions may be exempted for a renewable period of two (2) years from SECTION 6
of this Act where the establishment of lactation stations is not feasible or necessary due
to the peculiar circumstances of the workplace or public place taking into consideration,
among others, number of women employees, physical size of the establishment, and
the average number of women who visit.
“All health and non-health facilities, establishments or institutions which are

exempted in complying with the provisions of this Act but nevertheless opted to comply
are entitled to the benefits herein stated: Provided, That they give their employees the
privilege of using the same.”
“SEC. 10. Provision of Facilities for Breastmilk Collection and Storage for Health
Institutions. — The health institution adopting rooming-in and breastfeeding shall provide
equipment, facilities, and supplies for breastmilk collection, storage and utilization, the
standards of which shall be defined by the Department of Health. Health institutions are
likewise encouraged to set up milk banks for storage of breastmilk donated by mothers
and which have undergone pasteurization. The stored breastmilk will primarily be given
to children in the neonatal intensive care unit whose own mothers are seriously ill.”
SECTION 6. A new SECTION 11, under a new Chapter, is added to read as follows:
“CHAPTER III
“LACTATION STATIONS
“SEC. 11. Establishment of Lactation Stations. — It is hereby mandated that all

health and non-health facilities, establishments or institutions shall establish lactation
stations. The lactation stations shall be adequately provided with the necessary
equipment and facilities, such as: lavatory for hand-washing, unless there is an easily-
accessible lavatory nearby; refrigeration or appropriate cooling facilities for storing
expressed breastmilk; electrical outlets for breast pumps; a small table; comfortable
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seats; and other items, the standards of which shall be defined by the Department of
Health. The lactation station shall not be located in the toilet.
“In addition, all health and non-health facilities, establishments or institutions

shall take strict measures to prevent any direct or indirect form of promotion, marketing,
and/or sales of infant formula and/or breastmilk substitutes within the lactation stations,
or in any event or circumstances which may be conducive to the same.
“Apart from the said minimum requirements, all health and non-health facilities,
establishments or institutions may provide other suitable facilities or services within the
lactation station, all of which, upon due substantiation, shall be considered eligible for
purposes of SECTION 14 of this Act.”
SECTION 7. A new SECTION 12 is hereby added to read as follows:
“SEC. 12. Lactation Periods. — Nursing employees shall be granted break

intervals in addition to the regular time-off for meals to breastfeed or express milk.
These intervals, which shall include the time it takes an employee to get to and from
the workplace lactation station, shall be counted as compensable hours worked. The
Department of Labor and Employment (DOLE) may adjust the same: Provided, That
such intervals shall not be less than a total of forty (40) minutes for every eight (8)-hour
working period.”
SECTION 8. SECTION 11, which shall be under the renumbered Chapter IV of Republic Act No.
7600, is hereby amended to read as follows:
“CHAPTER IV
“INFORMATION, EDUCATION AND RE-EDUCATION DRIVE
“SEC. 13. Continuing Education, Re-education and Training of Health Workers

and Health Institutions. — The Department of Health with the assistance of other
government agencies, professional and nongovernmental organizations shall conduct
continuing information, education, re-education, and training programs for physicians,
nurses, midwives, nutritionists-dietitians, community health workers and traditional
birth attendants (TBAs) and other health workers on current and updated lactation
management.
“Information materials shall be given to all health workers involved in maternal

and infant care in health institutions.”
SECTION 9. SECTION 12 of Republic Act No. 7600 is hereby renumbered and amended to read
as follows:
“SEC. 14. Information Dissemination and Educational Programs to Pregnant

Women and Women of Reproductive Age. — During the prenatal, perinatal and
postnatal consultations and/or confinements of the mothers or pregnant women in a
health institution, it shall be the obligation of the health institution and the health worker
to immediately and continuously teach, train, and support the women on current and
updated lactation management and infant care, through participatory strategies such
as organization of mothers’ clubs and breastfeeding support groups and to distribute
written information materials on such matters free of charge.
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“The Department of Health is hereby mandated to develop and provide
breastfeeding programs for working mothers whose employers are encouraged to avail
of it as part of their human resource development programs.
“To equip women of reproductive age with accurate information on maternal

nutrition and proper nourishment in preparation for successful and sustainable
breastfeeding, the Department of Health is likewise mandated to produce and make
available relevant information and programs which should be disseminated to all city,
municipal and barangay health centers.
“Employers are also highly encouraged to develop breastfeeding or lactation

support programs which main functions are to assess the needs of lactating women
in their company and provide pregnant and lactating employees with adequate
information regarding lactation management in the form of brochures, pamphlets and
other educational materials.”
“SEC. 15. Integration of Breastfeeding Education in the Curricula. — To encourage

and promote breastfeeding, the Department of Education, the Commission on Higher
Education, and the Technical Education and Skills Development Authority shall integrate
in the relevant subjects in the elementary, high school, and college levels, especially
in the medical and allied medical courses, and in technical vocational education, the
importance, benefits, methods or techniques of breastfeeding, and change of societal
attitudes towards breastfeeding.”
“SEC. 16. Breastfeeding Awareness Month. — To raise awareness on the

importance of and to further promote breastfeeding, the month of August in each and
every year throughout the Philippines shall be known as ‘Breastfeeding Awareness
Month’.”
“SEC. 17. Public Education and Awareness Program. — To ensure the meaningful
observance of breastfeeding month as herein declared, a comprehensive national public
education and awareness program shall be undertaken in order to achieve the following
objectives:
“a) To protect, promote and support breastfeeding in the

Philippines as the normal, natural and preferred method of feeding
infants and young children;
“b) To guarantee the rightful place of breastfeeding in society as

a time honored tradition and nurturing value as well as a national health
policy that must be enforced;
“c) To provide information about the benefits and superiority of

breastfeeding and the high risks and costs of bottle-feeding;
“d) To generate awareness on, and full enforcement of, national

and international laws, codes, policies and programs on the promotion
and protection of safe and adequate nutrition for infants and young
children by promoting and protecting breastfeeding and by regulating
the marketing of certain foods and feeding bottles, teats and pacifiers;
and
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“e) To instill recognition and support and ensure access to
comprehensive, current and culturally appropriate lactation care and
services for all women, children and families, including support for
breastfeeding mothers in the work force.
“The Department of Health shall lead in the implementation of the comprehensive

national public education and awareness program on breastfeeding through a
collaborative interagency and multi-sectoral effort at all levels.”
SECTION 13. A new SECTION 18, which shall be under the renumbered Chapter V of Republic
Act No. 7600, is hereby added to read as follows:
“CHAPTER V
“MISCELLANEOUS PROVISIONS
“SEC. 18. Department of Health Certification. — Any health and non-health facility,
establishment or institution satisfying the requirements of SECTIONs 6 and 7 herein
relative to a proper lactation station may apply with the local Department of Health
office for a ‘working mother-baby friendly’ certification. The Department of Health shall
promulgate guidelines to determine eligibility for such certification, which shall include
an annual Department of Health inspection to confirm the continued compliance with
its standards.
“The Department of Health shall maintain a list of ‘mother-baby-friendly’

establishments, which it shall make available to the public.”
as follows:
“SEC. 19. Incentives. — The expenses incurred by a private health and non-
health facility, establishment or institution, in complying with the provisions of this Act,
shall be deductible expenses for income tax purposes up to twice the actual amount
incurred: Provided, That the deduction shall apply for the taxable period when the
expenses were incurred: Provided, further, That all health and non-health facilities,
establishments and institutions shall comply with the provisions of this Act within six
(6) months after its approval: Provided, finally, That such facilities, establishments
or institutions shall secure a “Working Mother-Baby-Friendly Certificate” from the
Department of Health to be filed with the Bureau of Internal Revenue, before they can
avail of the incentive.
“Government facilities, establishments or institutions shall receive an additional

appropriation equivalent to the savings they may derive as a result of complying with
the provisions of this Act. The additional appropriation shall be included in their budget
for the next fiscal year.”
SECTION 15. A new SECTION 20 shall be added to read as follows:
“SEC. 20. Implementing Agency. — The Department of Health shall be principally

responsible for the implementation and enforcement of the provisions of this Act.”
as follows:
“SEC. 21. Sanctions. — Any private non-health facility, establishment and institution which
unjustifiably refuses or fails to comply with SECTIONs 6 and 7 of this Act shall be imposed a fine of
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not less than Fifty thousand pesos (Php50,000.00) but not more than Two hundred thousand pesos
(Php200,000.00) on the first offense.
“On the second offense, a fine of not less than Two hundred thousand pesos
(Php200,000.00) but not more than Five hundred thousand pesos (Php500,000.00).
“On the third offense, a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00) and the
cancellation or revocation of the business permits or licenses to operate.
“In all cases, the fine imposed should take into consideration, among others,
number of women employees, physical size of the establishment, and the average
number of women who visit.
“In addition, the Secretary of Health is hereby empowered to impose sanctions

on health institution for the violation of this Act and the rules issued thereunder. Such
sanctions may be in the form of reprimand or censure and in cases of repeated willful
violations, suspension of the permit to operate of the erring health institution.
“Heads, officials and employees of government health and non-health facilities,

establishments and institutions who violate this Act shall further be subject to the
following administrative penalties:
“First offense — Reprimand;
“Second offense — Suspension for one (1) to thirty (30) days; and
“Third offense — Dismissal.
“This shall be without prejudice to other liabilities applicable under civil service
law and rules.”
SECTION 17. Funding. — Government agencies, including their subdivisions and instrumentalities,
shall use their respective budget for gender and development or their budgets for repairs, maintenance
and materials acquisition to comply with SECTION 6 hereof. IHCSET
SECTION 18. Rules and Regulations. — The Department of Health, as the lead agency, in
coordination with the Department of Labor and Employment, the Department of Trade and Industry,
the Department of Justice, the Department of Social Welfare and Development, the Department of
Education, the Department of the Interior and Local Government, the Civil Service Commission, the
Commission on Higher Education, the Technical Education and Skills Development Authority and
professional and nongovernmental organizations concerned, shall issue within one hundred and twenty
(120) days upon its effectivity the rules and regulations necessary to carry out the provisions of this
Act.
SECTION 19. Separability Clause. — If any clause, sentence, paragraph or part of this Act shall
be declared to be invalid, the remainder of this Act or any provision not affected thereby shall remain
in force and effect.
regulations or parts thereof which are not consistent with this Act are hereby repealed, amended or
in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
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Title of Law: An Act Providing For The Legitimation Of Children Born To Parents Below Mar-
rying Age, Amending For The Purpose The Family Code Of The Philippines, As Amended
Short Title: N/A

Type of Law: Civil
Amended by: N/A

Implementing Rules and Regulation: Rules and Regulations Governing the Implementation of
Republic Act No. 9858 (An Act Providing for the Legitimation of Children Born to Parents Be-
low Marrying Age, Amending for the Purpose the Family Code of the Philippines, as Amend-
ed),|NSO Administrative Order No. 01-10, (October 26, 2010)
AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING
AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED
SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the “Family Code of
the Philippines”, as amended, is hereby further amended to read as follows:
“Art. 177. Children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any impediment to marry
each other, or were so disqualified only because either or both of them were below
eighteen (18) years of age, may be legitimated.”
“Art. 178. Legitimation shall take place by a subsequent valid marriage between
parents. The annulment of a voidable marriage shall not affect the legitimation.”
SECTION 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the
chairpersons of the Committee on Revision of Laws of the House of Representatives and the Committee
on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the
Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme
Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue
the necessary rules/regulations for the effective implementation of this Act not later than one (1) month
from its effectivity.
SECTION 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations
and/or administrative regulations which are inconsistent with the provisions of this Act are hereby
amended, modified, superseded or repealed accordingly.
publication in the Official Gazette or in at least two (2) newspapers of national circulation.
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Title of Law: An Act Defining the Crime of Child Pornography, Prescribing Penalties there-
for and for Other Purposes
Short Title: Anti-Child Pornography Act of 2009
Repealed by: Republic Act No. 11930
AN ACT DEFINING AND PENALIZING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES
THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the “Anti-Child Pornography Act of 2009”.
SECTION 2. Declaration of Policy. — The State recognizes the vital role of the youth in
nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional,
psychological and social well-being. Towards this end, the State shall:
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other
conditions prejudicial to his/her development;
(b) Protect every child from all forms of exploitation and abuse including, but not limited to: (1)
the use of a child in pornographic performances and materials; and (2) the inducement
or coercion of a child to engage or be involved in pornography through whatever means;
and
(c) Comply with international treaties to which the Philippines is a signatory or a State party
concerning the rights of children which include, but not limited to, the Convention on the
Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on
the Sale of Children, Child Prostitution and Child Pornography, the International Labor
Organization (ILO) Convention No. 182 on the Elimination of the Worst Forms of Child
Labor and the Convention Against Transnational Organized Crime.
SECTION 3. Definition of Terms. —
(a) “Child” refers to a person below eighteen (18) years of age or over, but is unable to fully
take care of himself/herself or protect himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined
herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person who is

represented or who is made to appear to be a child as defined herein.
(b) “Child Pornography” refers to any representation, whether visual, audio or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child
engaged or involved in real or simulated explicit sexual activities.
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(c) “Explicit Sexual Activity’’ includes actual or simulated —
(1) sexual intercourse or lascivious act including, but not limited to, contact involving genital to
genital, oral to genital, anal to genital, or oral to anal, whether between persons of the
same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts.
(d) “Internet address” refers to a website, bulletin board service, internet chat room or news
group, or any other internet or shared network protocol address.
(e) “Internet café or kiosk” refers to an establishment that offers or proposes to offer services to
the public for the use of its computer/s or computer system for the purpose of accessing the internet,
computer games or related services.
(f) “Internet content host” refers to a person who hosts or who proposes to host internet
content in the Philippines.
(g) “Internet service provider (ISP)” refers to a person or entity that supplies or proposes to
supply, an internet carriage service to the public.
(h) “Grooming” refers to the act of preparing a child or someone who the offender believes to
be a child for a sexual activity or sexual relationship by communicating any form of child pornography.
It includes online enticement or enticement through any other means.
(i) “Luring” refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission of a
sexual activity or production of any form of child pornography.
(j) “Pandering” refers to the act of offering, advertising, promoting, representing or distributing
through any means any material or purported material that is intended to cause another to believe that
the material or purported material contains any form of child pornography, regardless of the actual
content of the material or purported material.
(k) “Person” refers to any natural or juridical entity.
SECTION 4. Unlawful or Prohibited Acts. — It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish, offer, transmit, sell, distribute, broadcast, advertise, promote, export or import
any form of child pornography;
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(d) To possess any form of child pornography with the intent to sell, distribute, publish or
broadcast: Provided, That possession of three (3) or more articles of child pornography
of the same form shall be prima facie evidence of the intent to sell, distribute, publish
or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts such as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this SECTION. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts
and decide to commit it; and
(l) To possess any form of child pornography.
SECTION 5. Syndicated Child Pornography. — The crime of child pornography is deemed

committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another and shall be punished under SECTION 15 (a) of this Act.
SECTION 6. Who May File a Complaint. — Complaints on cases of any form of child pornography
and other offenses punishable under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation
occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any
offense under this Act.
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SECTION 7. Appointment of Special Prosecutors. — The Department of Justice (DOJ) shall
appoint or designate special prosecutors to prosecute cases for the violation of this Act.
SECTION 8. Jurisdiction. — Jurisdiction over cases for the violation of this Act shall be vested in
the Family Court which has territorial jurisdiction over the place where the offense or any of its essential
elements was committed pursuant to Republic Act No. 8369, otherwise known as “Family Courts Act
of 1997”.
SECTION 9. Duties of an Internet Service Provider (ISP). — All internet service providers (ISPs)
shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within
seven (7) days from obtaining facts and circumstances that any form of child pornography is being
committed using its server or facility. Nothing in this SECTION may be construed to require an ISP to
engage in the monitoring of any user, subscriber or customer, or the content of any communication of
any such person: Provided, That no ISP shall be held civilly liable for damages on account of any notice
given in good faith in compliance with this SECTION.
Furthermore, an ISP shall preserve such evidence for purposes of investigation and prosecution
by relevant authorities.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained
or attempted to gain access to an internet address which contains any form of child pornography.
All ISPs shall install available technology, program or software to ensure that access to or
transmittal of any form of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the
penalty provided under SECTION 15 (k) of this Act.
The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days
from the effectivity of this Act the necessary rules and regulations for the implementation of this
provision which shall include, among others, the installation of filtering software that will block access
to or transmission of any form of child pornography.
SECTION 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business
Establishments. — All mall owners/operators and owners or lessors of other business establishments
shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child
pornography is being committed in their premises: Provided, That public display of any form of child
pornography within their premises is a conclusive presumption of the knowledge of the mall owners/
operators and owners or lessors of other business establishments of the violation of this Act: Provided,
further, That a disputable presumption of knowledge by mall owners/operators and owners or lessors
of other business establishments is established if, through the exercise of ordinary diligence, mall
owners/operators and owners or lessors of other business establishments should know or reasonably
know that a violation of this Act is being committed in their premises.
Photo developers, information technology professionals, credit card companies and banks and
any person who has direct knowledge of any form of child pornography activities shall have the duty
to report any suspected child pornography materials or transactions to the proper authorities within
seven (7) days from discovery thereof.
Any willful and intentional violation of this provision shall be subject to the penalty provided
under SECTION 15 (l) of this Act.
SECTION 11. Duties of an Internet Content Host. — An internet content host shall:
(a) Not host any form of child pornography on its internet address;
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(b) Within seven (7) days, report the presence of any form of child pornography, as well as the
particulars of the person maintaining, hosting, distributing or in any manner contributing
to such internet address, to the proper authorities; and
(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.
An internet content host shall, upon the request of proper authorities, furnish the particulars of
users who gained or attempted to gain access to an internet address that contains any form of child
pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision
shall be subject to the penalty provided under SECTION 15 (j) of this Act: Provided, That the failure of
the internet content host to remove any form of child pornography within forty-eight (48) hours from
receiving the notice that any form of child pornography is hitting its server shall be conclusive evidence
of willful and intentional violation thereof.
SECTION 12. Authority to Regulate Internet Café or Kiosk. — The local government unit (LGU)
of the city or municipality where an internet café or kiosk is located shall have the authority to monitor
and regulate the establishment and operation of the same or similar establishments in order to prevent
violation of the provisions of this Act.
SECTION 13. Confidentiality. — The right to privacy of the child shall be ensured at any
stage of the investigation, prosecution and trial of an offense under this Act. Towards this end, the
following rules shall be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to
may, whenever necessary to ensure a fair and impartial proceeding and after considering
all circumstances for the best interest of the child, conduct a closed-door investigation,
prosecution or trial;
(b) The name and personal circumstances of the child, including the child’s immediate family, or
any other information tending to establish his/her identity shall not be disclosed to the
public;
(c) Any record regarding a child shall be confidential and kept under seal. Except upon written
request and order of the court, a record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies; and
(6) Other persons as determined by the court.
(d) Any form of child pornography that is part of the court records shall be subject to a protective
order that provides as follows:
(1) Any form of child pornography may be viewed only by the parties, their counsel, their
expert witness and guardian ad litem;
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(2) Neither form of child pornography nor any portion thereof shall be divulged to any
other person, except as necessary for investigation, prosecution or trial; and
(3) No person shall be granted access to any form of child pornography or any part
thereof unless he/she signs a written affirmation that he/she has received and
read a copy of the protection order; that he/she submits to the jurisdiction of the
court with respect to the protective order; and that, in case of violation thereof,
he/she will be subject to the contempt power of the court; and
(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for
any editor, publisher and reporter or columnist in case of printed materials, announcer
or producer in case of television and radio, producer and director of a film in case of the
movie industry, or any person utilizing the tri-media facilities or information technology
to publish or broadcast the names of the victims of any case of child pornography.
Any violation of this provision shall be subject to the penalty provided for under SECTION 15
(m) of this Act.
SECTION 14. Care, Custody and Treatment of a Child Victim. — The DSWD shall ensure that
the child who is a victim of any form of child pornography is provided appropriate care, custody and
support for their recovery and reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as well as to the rights and benefits of
witnesses under Republic Act No. 6981, otherwise known as “The Witness Protection, Security and
Benefit Act”.
The child shall also be considered as a victim of a violent crime defined under SECTION 3 (d)
of Republic Act No. 7309, otherwise known as “An Act Creating a Board of Claims under the Department
of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other
Purposes”, so that the child may claim compensation therein.
SECTION 15. Penalties and Sanctions. — The following penalties and sanctions are hereby
established for offenses enumerated in this Act:
(a) Any person found guilty of syndicated child pornography as defined in SECTION 5 of this
Act shall suffer the penalty of reclusion perpetua and a fine of not less than Two million
pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);
(b) Any person found guilty of violating SECTION 4 (a), (b) and (c) of this Act shall suffer the
penalty of reclusion temporal in its maximum period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00);
(c) Any person found guilty of violating SECTION 4 (d), (e) and (f) of this Act shall suffer the
penalty of reclusion temporal in its medium period and a fine of not less than Seven
hundred fifty thousand pesos (Php750,000.00) but not more than One million pesos
(Php1,000,000.00);
(d) Any person found guilty of violating SECTION 4 (g) of this Act shall suffer the penalty
of reclusion temporal in its minimum period and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos
(Php700,000.00);
(e) Any person found guilty of violating SECTION 4 (h) of this Act shall suffer the penalty of prision
mayor in its maximum period and a fine of not less than Three hundred thousand pesos
(Php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);
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(f) Any person found guilty of violating SECTION 4 (i) of this Act shall suffer the penalty
of prision mayor in its minimum period and a fine of not less than Three hundred
thousand pesos (Php300,000.00) but not more than Five hundred thousand pesos
(Php500,000.00); EICDSA
(g) Any person found guilty of violating SECTION 4 (j) of this Act shall suffer the penalty
of prision correccional in its maximum period and a fine of not less than Two hundred
thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos
(Php300,000.00);
(h) Any person found guilty of violating SECTION 4 (k) of this Act shall suffer the penalty
of prision correccional in its medium period and a fine of not less than One hundred
thousand pesos (Php100,000.00) but not more than Two hundred fifty thousand pesos
(Php250,000.00);
(i) Any person found guilty of violating SECTION 4 (l) of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00);
(j) Any person found guilty of violating SECTION 11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the
first offense. In the case of a subsequent offense, the penalty shall be a fine of not
less than Two million pesos (Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate and immediate closure of
the establishment;
(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation
requirements under SECTION 9 of this Act shall suffer the penalty of a fine of not less than
Five hundred thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) for the first offense. In the case of subsequent offense, the penalty
shall be a fine of not less than One million pesos (Php1,000,000.00) but not more than
Two million pesos (Php2,000,000.00) and revocation of its license to operate;
(l) Any mall owner/operator and owner or lessor of other business establishments, including photo
developers, information technology professionals, credit card companies and banks,
found guilty of willfully and knowingly failing to comply with the notice requirements
under SECTION 10 of this Act shall suffer the penalty of a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for
the first offense. In the case of a subsequent offense, the penalty shall be a fine of not
less than Two million pesos (Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate and immediate closure of
the establishment; and HEISca
(m) Any person found guilty of violating SECTION 13 of this Act shall suffer the penalty of arresto
mayor in its minimum period and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).
SECTION 16. Common Penal Provisions. —
(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within
the third degree of consanguinity or affinity or any person having control or moral
ascendancy over the child, the penalty provided herein shall be in its maximum
duration: Provided, That this provision shall not apply to SECTION 4 (g) of this Act;
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(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager,
partner, member of the board of directors and/or any responsible officer who
participated in the commission of the crime or shall have knowingly permitted or failed
to prevent its commission;
(c) If the offender is a foreigner, he/she shall be immediately deported after the complete
service of his/her sentence and shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in its maximum duration if the
offender is a public officer or employee.
SECTION 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child
Pornography. — In addition to the penalty imposed for the violation of this Act, the court shall order the
confiscation and forfeiture in favor of the government of all the proceeds, tools and instruments used
in the commission of the crime, unless they are the property of a third person not liable for the unlawful
act: Provided, however, That all awards for damages shall be taken from the personal and separate
properties of the offender: Provided, further, That if such properties are insufficient, the deficiency shall
be taken from the confiscated and forfeited proceeds, tools and instruments.
All proceeds derived from the sale of properties used for the commission of any form of child
pornography shall accrue to the special account of the DSWD which shall be used exclusively for the
proper implementation of this Act.
When the proceeds, tools and instruments used in the commission of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent
the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay
the amount equal to the value of the proceeds, tools and instruments used in the commission of the
offense.
SECTION 18. Mandatory Services to Victims of Child Pornography. — To ensure recovery,

rehabilitation and reintegration into the mainstream of society, concerned government agencies and
the LGUs shall make available the following services to victims of any form of child pornography:
(b) Counseling;
(c) Free legal services, which shall include information about the victim’s rights and the procedure
for filing of complaints, claims for compensation and such other legal remedies available
to them in a language understood by the child;
(f) Educational assistance.
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the child victims shall be adopted and carried out.
SECTION 19. Programs for Victims of Child Pornography. — The Inter-Agency Council Against
Child Pornography created under SECTION 20 of this Act shall develop and implement the necessary
programs that will prevent any form of child pornography, as well as protect, heal and reintegrate the
child into the mainstream of society. Such programs shall include, but not limited to, the following:
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(a) Provision of mandatory services including counseling, free legal services, medical or
psychological services, livelihood and skills training and educational assistance to the
child pursuant to SECTION 18 of this Act;
(b) Sponsorship of a national research program on any form of child pornography and other
acts covered by the law and the establishment of a data collection system for monitoring
and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government
agencies and nongovernmental organizations;
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst
the public, the academe, government, nongovernmental and international organizations;
and
(e) Promotion of information and education campaign.
SECTION 20. Inter-Agency Council against Child Pornography. — There is hereby established
an Inter-Agency Council Against Child Pornography to be composed of the Secretary of the DSWD as
chairperson and the following as members:
(a) Secretary of the Department of Justice;
(b) Secretary of the Department of Labor and Employment;
(c) Secretary of the Department of Science and Technology;
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on Human Rights;
(f) Chairperson of the Commission on Information and Communications Technology;
(g) Commissioner of the National Telecommunications Commission;
(h) Executive Director of the Council for the Welfare of Children;
(i) Executive Director of the Philippine Center for Transnational Crimes;
(j) Executive Director of the Optical Media Board;
(k) Director of the National Bureau of Investigation; and
(l) Three (3) representatives from children’s nongovernmental organizations. These

representatives shall be nominated by the government agency representatives of
the Council for appointment by the President for a term of three (3) years and may
be renewed upon renomination and reappointment by the Council and the President,
respectively.
The members of the Council may designate their permanent representatives, who shall have a rank
not lower than assistant secretary or its equivalent, to meetings and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting rules and regulations.
The DSWD shall establish the necessary Secretariat for the Council.
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SECTION 21. Functions of the Council. — The Council shall have the following powers and
functions:
(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any
form of child pornography;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of
this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to effectively address
the issues and problems attendant to child pornography;
(e) Conduct and coordinate massive information dissemination and campaign on the existence
of the law and the various issues and problems attendant to child pornography;
(f) Direct other agencies to immediately respond to the problems brought to their attention and
report to the Council on the action taken;
(g) Assist in the filing of cases against individuals, agencies, institutions or establishments that
violate the provisions of this Act;
(h) Formulate a program for the reintegration of victims of child pornography;
(i) Secure from any department, bureau, office, agency or instrumentality of the government
or from NGOs and other civic organizations such assistance as may be needed to
effectively implement this Act;
(j) Complement the shared government information system relative to child abuse and
exploitation and ensure that the proper agencies conduct a continuing research and
study on the patterns and schemes of any form of child pornography which form the
basis for policy formulation and program direction;
(k) Develop the mechanism to ensure the timely, coordinated and effective response to cases
of child pornography;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to prevent and suppress
any form of child pornography;
(m) Adopt measures and policies to protect the rights and needs of the victims of child
pornography who are foreign nationals in the Philippines;
(n) Maintain a database of cases of child pornography;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance
to victims of child pornography;
(p) Submit to the President and the Congressional Oversight Committee created herein the
annual report on the policies, plans, programs and activities of the Council relative to the
implementation of this Act; and
(q) Exercise all the powers and perform such other functions necessary to attain the purposes
and objectives of this Act.
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SECTION 22. Child Pornography as a Transnational Crime. — Pursuant to the Convention on
Transnational Organized Crime, the DOJ may execute the request of a foreign state for assistance
in the investigation or prosecution of any form of child pornography by: (1) conducting a preliminary
investigation against the offender and, if appropriate, to file the necessary charges in court; (2) giving
information needed by the foreign state; and (3) to apply for an order of forfeiture of any proceeds or
monetary instrument or property located in the Philippines used in connection with child pornography
in the court: Provided, That if the DOJ refuses to act on the request of the foreign state, it must inform
the foreign state of any valid reason for not executing the request or for delaying the execution
thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this purpose, be at
all times recognized.
SECTION 23. Extradition. — The DOJ, in consultation with the Department of Foreign Affairs
(DFA), shall endeavor to include child pornography among extraditable offenses in future treaties.
SECTION 24. Congressional Oversight Committee. — There is hereby created a Congressional

Oversight Committee composed of five (5) members from the Senate and five (5) members from the
House of Representatives. The members from the Senate shall be appointed by the Senate President
based on the proportional representation of the parties or coalition therein with at least one (1) member
representing the Minority. The members from the House of Representatives shall be appointed by the
Speaker, also based on proportional representation of the parties or coalitions therein, with the Chair
of the House Committee on Welfare of Children and at least one (1) member representing the Minority.
The Committee shall be headed by the respective Chairs of the Senate Committee on Youth,
Women and Family Relations and the House of Representatives Committee on Justice. The Secretariat
of the Congressional Oversight Committee shall come from the existing Secretariat personnel of the
Committees of the Senate and the House of Representatives concerned.
The Committee shall monitor and ensure the effective implementation of this Act, determine
inherent weakness and loopholes in the law, recommend the necessary remedial legislation or
administrative measures and perform such other duties and functions as may be necessary to attain
the objectives of this Act.
SECTION 25. Appropriations. — The amount necessary to implement the provisions of the
Anti-Child Pornography Act and the operationalization of the Inter-Agency Council Against Child
Pornography shall be included in the annual General Appropriations Act.
SECTION 26. Implementing Rules and Regulations. — The Inter-Agency Council Against Child
Pornography shall promulgate the necessary implementing rules and regulations within ninety (90)
days from the effectivity of this Act.
SECTION 27. Suppletory Application of the Revised Penal Code. — The Revised Penal Code shall
be suppletorily applicable to this Act.
SECTION 28. Separability Clause. — If any part of this Act is declared unconstitutional or invalid,
the other provisions not affected thereby shall continue to be in full force and effect.
SECTION 29. Repealing Clause. — All laws, presidential decrees, executive orders, administrative
orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.
SECTION 30. Effectivity. — This Act shall take effect after fifteen (15) days following its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
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Title of Law: An Act Establishing A Universal New Born Hearing Screening Program For The
Prevention, Early Diagnosis And Intervention Of Hearing Loss
Short Title: Universal Newborn Hearing Screening and Intervention Act of 2009
Amended by: N/A

AN ACT ESTABLISHING A UNIVERSAL NEWBORN HEARING SCREENING PROGRAM FOR THE

PREVENTION, EARLY DIAGNOSIS AND INTERVENTION OF HEARING LOSS
SECTION 1. Short Title. — This Act shall be known as the “Universal Newborn Hearing Screening
and Intervention Act of 2009”.
to health of the people, including the rights of children to survival, full and healthy development as
individuals, and a better quality of life.
Recognizing the fact that newborns and children who are deaf or hard-of-hearing have unique
language or learning and communication needs, the State shall formulate a comprehensive program for
the prevention, early detection and diagnosis of congenital hearing loss among newborns and infants
based on applied research and consultations with the sectors concerned.
SECTION 3. Universal Newborn Hearing Screening Program. — There is hereby established a

Universal Newborn Hearing Screening Program (UNHSP) to institutionalize measures for the prevention
and early diagnosis of congenital hearing loss among newborns, the provision of referral, follow-up,
recall and early intervention services to infants with hearing loss, and counseling and other support
services for families of newborns with hearing loss, to afford them all the opportunities to be productive
members of the community. The objectives of the UNHSP are:
(a) To ensure that all newborns have access to hearing loss screening;
(b) To establish a network among pertinent government and private sector stakeholders
for policy development, implementation, monitoring, and evaluation to promote
universal newborn hearing screening program in the country;
(c) To provide continuing capacity building which includes training for healthcare
practitioners, conduct of applied research, and other such activities to aid in the
effective implementation of a universal newborn hearing screening program;
(d) To establish and maintain a newborn hearing screening database;
(e) To include a component which ensures linkages to diagnosis and the community
system of early intervention services;
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(f) To develop public policy in early hearing detection, diagnosis and intervention that
is based on applied research and the recognition that infants, toddlers and
children who are deaf or hard-of-hearing have unique language, learning and
communication needs. It should be the result of consultation with pertinent public
and private sectors; and
(g) To develop models which ensure effective screening, referral and linkage with
appropriate diagnostic, medical, and qualified early intervention services,
providers, and programs within the community.
SECTION 4. Definition of Terms. — Under this Act, the following terms shall mean the following:
(a) “Audiologic diagnostic evaluation” shall refer to a service related to diagnosis of hearing
loss administered by professionals or by Newborn Hearing Screening Centers.
(b) “Congenital hearing loss” shall refer to hearing impairment already present at birth.
(c) “Follow-up” shall refer to the monitoring of an infant with possible hearing loss for
purpose of ensuring that the infant receives additional diagnostic services and
intervention or treatment.
(d) “Healthcare practitioner” shall refer to physicians, nurses, midwives, nursing aides and
traditional birth attendants.
(e) “Health Institutions” shall refer to hospitals, health infirmaries, health centers, lying-in
centers or puericulture centers with obstetrical and pediatric services, whether
public or private.
(f) “Intervention” shall refer to any service rendered to an infant diagnosed with hearing loss
ranging from counseling, diagnosis, provision of hearing aid or the administration
of any medical procedure for correction of hearing loss.
(g) “Newborn hearing screening database” shall refer to an organized body of information
related to newborn hearing screening.
(h) “Newborn” shall refer to an infant from the time of complete delivery to thirty (30)
days old.
(i) “Newborn hearing loss screening” shall refer to an objective, physiological procedure
performed on a newborn for the purpose of determining if the newborn has
hearing impairment.
(j) “Newborn Hearing Screening Reference Center” shall refer to the central facility at the
National Institutes of Health (NIH) that defines testing and follow-up protocols,
maintains an external laboratory proficiency testing program, oversees the
national testing database and case registries, assists in training activities in all
aspects of the program, and oversees content of educational materials.
(k) “Newborn Hearing Screening Center” shall refer to a facility equipped with a newborn
hearing loss screening and audiologic diagnostic evaluation laboratory that
complies with the standards established by the NIH and administers the required
laboratory tests and implements recall and follow-up programs for infants with
hearing loss.
(l) “Recall” shall refer to a procedure of locating an infant with a possible hearing loss for
purposes of providing diagnostic services to confirm hearing condition and, as
appropriate, provide intervention or treatment.
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(m) “Referral” shall refer to an act of sending a patient to another service provider within
the network for continuation of care.
(n) “Universal Newborn Hearing Screening Program” or “UNHSP” shall refer to the program
developed to carry out hearing screening for all newborns in the Philippines and to
provide adequate interventions for infants with congenital hearing loss.
SECTION 5. Obligation to Inform. — Any healthcare practitioner who delivers, or assists in the
delivery, of a newborn in the Philippines shall, prior to delivery, inform the parents or legal guardian
of the newborn of the availability, nature and benefits of hearing loss screening among newborns or
infants three (3) months old and below.
Parents or legal guardians of newborns who, after undergoing newborn hearing loss screening,
have been found to have congenital hearing loss shall be informed of the availability, nature and benefits
of diagnostic audiologic evaluation, intervention and treatment options, and counseling regarding
hearing loss.
The Department of Health (DOH) shall, in coordination with the NIH and other stakeholders,
undertake the preparation, production and dissemination of informational and educational materials on
the nature, benefits and available medical interventions for hearing loss.
SECTION 6. Obligation to Perform Newborn Hearing Loss Screening and Audiologic Diagnostic
Evaluation. — All infants born in hospitals in the Philippines shall be made to undergo newborn hearing
loss screening before discharge, unless the parents or legal guardians of the newborn object to the
screening subject to SECTION 7 of this Act. Infants who are not born in hospitals should be screened
within the first three (3) months after birth.
In the event of a positive newborn hearing loss screening result, the newborn shall undergo
audiologic diagnostic evaluation in a timely manner to allow appropriate follow-up, recall and referral
for intervention before the age of six (6) months: Provided, That audiologic diagnostic evaluation shall
be performed by Newborn Hearing Screening Centers duly certified by the DOH.
It shall be the joint responsibility of the parents or legal guardian, and the healthcare practitioner
to ensure that hearing screening is performed. An appropriate informational brochure on the role and
duties of parents and guardians in fulfilling this responsibility shall be made available by the DOH and
shall be distributed to all health institutions and made available to any healthcare practitioner requesting
it for appropriate distribution.
In case the newborn is born at home or anywhere outside birthing facilities, the attending health
care practitioner shall refer the newborn to the municipal or city health center of the barangay having
jurisdiction over the area for newborn hearing loss screening and audiologic diagnostic evaluation.
SECTION 7. Refusal to be Tested. — A parent or legal guardian may refuse hearing loss screening
on the grounds of religious and/or cultural beliefs but shall acknowledge in writing that they have been
informed of their responsibility to perform said screening and of the risks of undiagnosed congenital
hearing loss in case of failure to administer hearing loss screening on their newborn. A copy of this
waiver shall be made part of the newborn’s medical record and shall be entered into the national
newborn hearing screening database.
SECTION 8. Continuing Education, Re-education and Training Health Personnel. — The DOH,
with the assistance of the NIH and other concerned government agencies, professional associations
and civil society organizations, shall:
(a) Conduct continuing information, education, re-education and training programs for
healthcare practitioners on the rationale, benefits, and procedures of hearing loss
screening; and
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(b) Prepare, produce, and disseminate information materials on newborn screening
annually to all health personnel involved in maternal and pediatric care.
SECTION 9. Lead Agency. — The DOH shall be the lead agency in implementing the provisions
of this Act. For this purpose, the DOH shall perform the following functions:
(a) Coordinate with the Department of the Interior and Local Government (DILG), the
Department of Education, the local government units, and the private sector
including other recognized medical associations and professional-based
organizations with respect to early hearing detection, diagnosis and treatment/
intervention for policy development and proper implementation of the provisions
of this Act;
(b) Coordinate with the NIH Newborn Hearing Screening Reference Center for the
certification of Newborn Hearing Screening Centers and the preparation of defined
testing protocols and quality assurance programs;
(c) Coordinate with consumer groups serving individuals who are deaf and hard-of-hearing;
persons who are deaf and hard-of-hearing and their families; qualified professional
personnel who are proficient in deaf or hard-of-hearing children’s language and
who possess the specialized knowledge, skills and attributes needed to serve deaf
and hard-of-hearing infants, toddlers, children and their families; other health and
education professionals and organizations; third party payers and managed care
organizations; and related commercial industries;
(d) Monitor the extent to which hearing loss screening and audiologic diagnostic evaluation
are conducted in health institutions, and assist in the development of universal
newborn hearing loss screening programs for hospitals and non-hospital sites; and
(e) Develop a program for the rehabilitation of deaf children through available intervention
services, therapies, and such other services necessary for a patient diagnosed
with hearing disorders.
SECTION 10. Advisory Committee on Newborn Screening. — To ensure the effective

implementation of this Act, the membership of the Advisory Committee on Newborn Screening created
under SECTION 11 of Republic Act No. 9288, “Newborn Screening Act of 2004” shall be expanded
to include the representatives from the Philippine Society of Otorhinolaryngology and the Philippine
Society of Audiology.
SECTION 11. Establishment of Newborn Hearing Screening Center. — Newborn Hearing Screening
Centers shall be established to undertake newborn hearing loss screening, audiologic diagnostic
evaluation and recall, follow-up and referral programs to infants with hearing loss: Provided, That such
Centers to be established shall be certified by the DOH based on standards formulated in collaboration
with the NIH.
Newborn Screening Centers (NSC) established pursuant to SECTION 12 of Republic Act No. 9288,
otherwise known as the “Newborn Screening Act of 2004”, shall adopt and implement a program to
develop its capacity to become Newborn Hearing Screening Centers. The DOH shall develop incentives
to encourage the establishment of Newborn Hearing Screening Centers other than those under the
Newborn Screening Centers.
SECTION 12. Data Management and Applied Research. — All hospitals and Newborn Screening
Centers shall periodically submit copies of the results of the screening tests to the NIH Newborn
Hearing Screening Reference Center for consolidation of patient databases. The NIH Newborn Hearing
Screening Reference Center shall maintain a national database of children tested and a separate
registry for those diagnosed with hearing loss. It shall submit reports annually to the DOH on the status
of and relevant health information derived from the database.
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A plan for long-term outcome evaluation of hearing loss screening utilizing the case registries
shall be developed within one (1) year from the effectivity of this Act by the NIH in consultation with
various stakeholders.
The Secretary of Health in collaboration with the NIH shall make awards of grants or cooperative
agreements to provide technical assistance to agencies to complement an intramural program and to
conduct applied research related to infant hearing detection, diagnosis and treatment/intervention.
The program shall carry out the following:
(a) Provide technical assistance on data collection and management;
(b) Develop standardized procedures for data management to ensure quality monitoring
of infant hearing loss detection, diagnosis and intervention programs;
(c) Study the costs and effectiveness of hearing detection conducted by programs in
order to answer issues of importance to policy makers;
(d) Identify the causes and risk factors for congenital hearing loss that might lead to the
development of preventive interventions;
(e) Study the effectiveness of early hearing detection, diagnosis and treatment/intervention
programs by assessing the health, developmental, cognitive, and language status
of these children at school age; and
(f) Promote the sharing of data regarding early hearing loss with birth defects and
developmental disabilities monitoring programs for the purpose of identifying
previously unknown causes of hearing loss.
SECTION 13. Government Intervention on Newborn Hearing Loss. — If the newborn is diagnosed
to have congenital hearing loss, the Newborn Hearing Screening Center or barangay health workers
shall provide referral for the treatment of the newborn to the provincial hospital of the local government
unit concerned.
If the treatment of the congenital hearing loss of the newborn is beyond the clinical capability of
the provincial hospital, the latter shall provide referral for the treatment of the newborn to a Department
of Health Tertiary Hospital, the Philippine General Hospital, or other national non-DOH hospitals funded
by the national government subsidy.
The provincial hospitals concerned shall have the funds for the treatment of newborn hearing
loss from the internal revenue allotment of the local government unit concerned.
SECTION 14. Newborn Screening Fees. — The Philippine Health Insurance Corporation (PHIC) shall
include the cost of hearing loss screening in its benefit package. Such screening test may include among
others testing costs, registry, follow-up and the reasonable overhead expenses. For this purpose, the
PHIC shall develop a program for the gradual coverage of hearing loss screening, audiologic diagnostic
evaluation, and intervention services subject to SECTION 10 of Republic Act No. 7875, as amended
by Republic Act No. 9241, otherwise known as the “National Health Insurance of 1995”.
The DOH shall periodically review and recommend the newborn hearing loss screening fees
to be charged by Newborn Screening Centers: Provided, That no screening fee shall be charged to a
patient who availed of accredited behavioral tests, such as the Tuning Fork and Penlight method and
other indigenous methods: Provided, further, That only the methods accredited by the DOH, upon
recommendation by the NIH, shall be allowed as newborn hearing screening process.
SECTION 15. Funding. — The amount necessary to effectively carry out the purposes of this Act
shall be included in the annual General Appropriations Act.
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SECTION 16. Implementing Rules and Regulations. — Within thirty (30) days from the effectivity
of this Act, the DOH, in collaboration with relevant government agencies and professional associations,
shall develop the implementing rules and regulations necessary to effectively implement the provisions
of this Act: Provided, That the DOH shall issue a special protocol on the deaf and people with hearing
impairment in the implementation of SECTION 5 of this Act.
SECTION 17. Repealing Clause. — All laws, decrees, executive orders, proclamations and
administrative regulations, or any part thereof, contrary to or inconsistent with this Act are hereby
repealed or modified accordingly.
SECTION 18. Separability Clause. — If any provision of this Act shall be held unconstitutional or
invalid, the other provisions hereof shall remain valid and continue to be in full force and effect.
in at least two (2) newspapers of general circulation.
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Title of Law: An Act Strengthening And Expanding The Coverage Of The Special Program For
Employment Of Students, Amending For The Purpose Provisions Of R.A. No 7323, Otherwise
Known As The Special Program For Employment Of Students
Short Title: N/A


Amended by: RA No. 10917
Implementing Rules and Regulation: see Implementing Rules and Regulations of Republic Act
No. 10917 Amending for the Purpose Republic Acts 9547 and 7323, Otherwise Known as the
Special Program for Employment of Students (SPES), DOLE Department Order No. 175, S. 2017
(March 20, 2017)
AN ACT STRENGTHENING AND EXPANDING THE COVERAGE OF THE SPECIAL PROGRAM FOR
EMPLOYMENT OF STUDENTS, AMENDING FOR THE PURPOSE PROVISIONS OF R.A. NO. 7323,
OTHERWISE KNOWN AS THE SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS
SECTION 1. SECTION 1 of R.A. No. 7323, otherwise known as the “Special Program for the
Employment of Students (SPES)”, is hereby amended to read as follows:
“SEC. 1. Any provision of law to the contrary notwithstanding, any person or entity
employing at least ten (10) persons may employ poor but deserving students fifteen (15)
years of age but not more than twenty-five (25) years old, paying them a salary or wage
not lower than the minimum wage for private employers and the applicable hiring rate
for the national and local government agencies: Provided, That students enrolled in the
secondary level shall only be employed during summer and/or Christmas vacations,
while those enrolled in tertiary, vocational or technical education may be employed at
any time of the year: Provided, further, That their period of employment shall be from
twenty (20) to fifty-two (52) working days only, except that during Christmas vacation,
employment shall be from ten (10) to fifteen (15) days which may be counted as part of
the students’ probationary period should they apply in the same company or agency
after graduation: Provided, finally, That students employed in activities related to their
course may earn equivalent academic credits as may be determined by the appropriate
government agencies.
“For purposes of this Act, poor but deserving students refer to those whose
parents’ combined income, together with their own, if any, does not exceed the
annual regional poverty threshold level for a family of six (6) for the preceding year
as may be determined by the National Economic and Development Authority (NEDA).
Employment facilitation services for applicants to the program shall be done by the
Public Employment Service Office (PESO).
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“Participating employers, in coordination with the PESO, must inform
their SPES employees of their rights, benefits, and privileges under existing laws,
company policies, and employment contracts.”
“SEC. 2. Sixty per centum (60%) of the said salary or wage shall be paid by
the employer in cash and forty per centum (40%) by the government in the form of
a voucher which shall be applicable in the payment for the student’s tuition fees and
books in any educational institution for secondary, tertiary, vocational or technical
education: Provided, That local government units (LGUs) may assume responsibility for
paying in full his salary or wages. The amount of the education voucher shall be paid by
the government to the educational institution concerned within thirty (30) days from its
presentation to the officer or agency designated by the Secretary of Finance.
“The voucher shall not be transferable except when the payee thereof dies or
for a justifiable cause stops in his duties, in which case it can be transferred to his
brothers or sisters. If there be none, the amount thereof shall be paid his heirs or to the
payee himself, as the case may be.”
“SEC. 3. The Secretary of Labor and Employment, the Secretary of Education,

the Chairman of the Commission on Higher Education, the Secretary of Budget and
Management, the Secretary of Social Welfare and Development and the Secretary of
Finance shall issue the corresponding rules and regulations to carry out the purposes
of this Act.
“The Secretary of Labor and Employment shall be the Program Chairman.”
“SEC. 4. Any person or entity who refuses to honor education vouchers or

makes any fraudulent or fictitious claim under this Act, regardless of whether payment
has been made, shall upon conviction be punished with imprisonment of not less than
six (6) months and not more than one (1) year and a fine of not less than Ten thousand
pesos (P10,000.00), without prejudice to their prosecution and punishment for any
other offense punishable under the Revised Penal Code or any other penal statute.
“In case of partnerships or corporations, the managing partner, general manager,

or chief executive officer, as the case may be, shall be criminally liable.”
“SEC. 5. The Secretary of the Department of Labor and Employment shall include
in the Department’s program the operationalization of the expanded Special Program
for the Employment of Students.
“The amount necessary to carry out the purposes of this Act is hereby authorized
to be appropriated in the General Appropriations Act for 1992 and the subsequent annual
general appropriations acts: Provided, That the appropriation, for the purposes of this
Act, shall not be reduced by Congress below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly released: Provided,
further, That the appropriation herein shall be increased by at least twenty per
centum (20%) annually.”
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SECTION 6. If any provision or part of this Act, or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Act or the application of such
provision or part thereof to other persons or circumstances shall not be affected thereby.
SECTION 7. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with
the provisions of this Act are hereby repealed, amended or modified accordingly.
SECTION 8. This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) newspapers of national circulation, whichever comes earlier.
372
Title of Law: An Act Requiring Certification Of The Department Of Social Welfare And
Development (DSWD) To Declare A “Child Legally Available For Adoption” As A Prerequisite
For Adoption Proceedings, Amending For This Purpose Certain Provisions Of Republic Act
No. 8552, Otherwise Known As The Domestic Adoption Act Of 1998, Republic Act No. 8043,
Otherwise Known As The Inter-Country Adoption Act Of 1995, Presidential Decree No. 603,
Otherwise Known As The Child And Youth Welfare Code, And For Other Purposes
Short Title: N/A
Amended by: Republic Act No. 11642
9523 (June 1, 2009)
AN ACT REQUIRING THE CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND

DEVELOPMENT (DSWD) TO DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION” AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998,
REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995,
PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE,
SECTION 1. Declaration of Policy. — It is hereby declared the policy of the State that alternative
protection and assistance shall be afforded to every child who is abandoned, surrendered, or neglected.
In this regard, the State shall extend such assistance in the most expeditious manner in the interest of
full emotional and social development of the abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the jurisdiction of the Department
of Social Welfare and Development for the declaration of a child legally available for adoption of
abandoned, surrendered, or neglected children are the most expeditious proceedings for the best
interest and welfare of the child.
SECTION 2. Definition of Terms. — As used in this Act, the following terms shall mean:
(1) Department of Social Welfare and Development (DSWD) is the agency charged to implement
the provisions of this Act and shall have the sole authority to issue the certification
declaring a child legally available for adoption.
(2) Child refers to a person below eighteen (18) years of age or a person over eighteen (18) years
of age but is unable to fully take care of himself/herself or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental
disability or condition.
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(3) Abandoned Child refers to a child who has no proper parental care or guardianship, or
whose parent(s) have deserted him/her for a period of at least three (3) continuous
months, which includes a foundling.
(4) Neglected Child refers to a child whose basic needs have been deliberately unattended or
inadequately attended within a period of three (3) continuous months. Neglect may
occur in two (2) ways:
(a) There is physical neglect when the child is malnourished, ill-clad, and without proper
shelter. A child is unattended when left by himself/herself without proper
provisions and/or without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited,
overworked, or made to work under conditions not conducive to good health;
or is made to beg in the streets or public places; or when children are in moral
danger, or exposed to gambling, prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a child in whose favor a certification was issued
by the DSWD that he/she is legally available for adoption after the fact of abandonment
or neglect has been proven through the submission of pertinent documents, or one who
was voluntarily committed by his/her parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and willingly
relinquished parental authority to the DSWD or any duly accredited child-placement or
child-caring agency or institution.
(7) Child-caring agency or institution refers to a private non-profit or government agency duly
accredited by the DSWD that provides twenty-four (24) hour residential care services
for abandoned, neglected, or voluntarily committed children.
(8) Child-placing agency or institution refers to a private non-profit institution or government

agency duly accredited by the DSWD that receives and processes applicants to become
foster or adoptive parents and facilitate placement of children eligible for foster care or
adoption.
(9) Petitioner refers to the head or executive director of a licensed or accredited child-caring
or child-placing agency or institution managed by the government, local government
unit, nongovernmental organization, or provincial city, or municipal Social Welfare
Development Officer who was actual custody of the minor and who files a certification
to declare such child legally available for adoption, or, if the child is under the custody
of any other individual, the agency or institution does so with the consent of the child’s
custodian.
(10) Secretary refers to the Secretary of the DSWD or his duly authorized representative.
(11) Conspicuous Place shall refer to a place frequented by the public, whereby the notice of the
petition shall be posted for information of any interested person.
(12) Social Case Study Report (SCSR) shall refer to a written report of the result of an assessment
conducted by a licensed social worker as to the socio-cultural economic condition,
psychosocial background, current functioning and facts of abandonment or neglect of
the child. The report shall also state the efforts of social worker to locate the child’s
biological parents/relatives.
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SECTION 3. Petition. — The petition shall be in the form of an affidavit, subscribed and sworn to
before any person authorized by law to administer oaths. It shall contain facts necessary to establish
the merits of the petition and shall state the circumstances surrounding the abandonment or neglect
of the child.
The petition shall be supported by the following documents:
(1) Social Case Study Report made by the DSWD, local government unit, licensed or accredited
child-caring or child-placing agency or institution charged with the custody of the child;
(2) Proof that efforts were made to locate the parent(s) or any known relatives of the child. The
following shall be considered sufficient:
(a) Written certification from a local or national radio or television station that the case
was aired on three (3) different occasions;
(b) Publication in one (1) newspaper of general circulation;
(c) Police report or barangay certification from the locality where the child was found or
a certified copy of a tracing report issued by the Philippine National Red Cross
(PNRC), National Headquarters (NHQ), Social Services Division, which states
that despite due diligence, the child’s parents could not be found; and
(d) Returned registered mail to the last known address of the parent(s) or known
relatives, if any.
(3) Birth certificate, if available; and
(4) Recent photograph of the child and photograph of the child upon abandonment or admission
to the agency or institution.
SECTION 4. Procedure for the Filing of the Petition. — The petition shall be filed in the regional
office of the DSWD where the child was found or abandoned.
The Regional Director shall examine the petition and its supporting documents, if sufficient in
form and substance and shall authorize the posting of the notice of the petition in conspicuous places
for five (5) consecutive days in the locality where the child was found.
The Regional Director shall act on the same and shall render a recommendation not later
than five (5) working days after the completion of its posting. He/she shall transmit a copy of his/her
recommendation and records to the Office of the Secretary within forty-eight (48) hours from the date
of the recommendation.
SECTION 5. Declaration of Availability for Adoption. — Upon finding merit in the petition, the
Secretary shall issue a certification declaring the child legally available for adoption within seven (7)
working days from receipt of the recommendation.
Said certification, by itself, shall be the sole basis for the immediate issuance by the local civil
registrar of a foundling certificate. Within seven (7) working days, the local civil registrar shall transmit
the foundling certificate to the National Statistics Office (NSO).
SECTION 6. Appeal. — The decision of the Secretary shall be appealable to the Court of Appeals
within five (5) days from receipt of the decision by the petitioner, otherwise the same shall be final and
executory.
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SECTION 7. Declaration of Availability for Adoption of Involuntarily Committed Child and
Voluntarily Committed Child. — The certificate declaring a child legally available for adoption in case of
an involuntarily committed child under Article 141, paragraph 4 (a) and Article 142 of Presidential Decree
No. 603 shall be issued by the DSWD within three (3) months following such involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603,
the certification declaring the child legally available for adoption shall be issued by the Secretary within
three (3) months following the filing of the Deed of Voluntary Commitment, as signed by the parent(s)
with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily committed a
child may recover legal custody and parental authority over him/her from the agency or institution to
which such child was voluntarily committed when it is shown to the satisfaction of the DSWD that the
parent(s) or legal guardian is in a position to adequately provide for the needs of the child: Provided, That,
the petition for restoration is filed within three (3) months after the signing of the Deed of Voluntary
Commitment.
SECTION 8. Certification. — The certification that a child is legally available for adoption shall be
issued by the DSWD in lieu of a judicial order, thus making the entire process administrative in nature.
The certification, shall be, for all intents and purposes, the primary evidence that the child is
legally available in a domestic adoption proceeding, as provided in Republic Act No. 8552, and in an
inter-country adoption proceeding, as provided in Republic Act No. 8043.
SECTION 9. Implementing Rules and Regulations. — The DSWD, together with the Council for
Welfare of Children, Inter-Country Adoption Board, two (2) representatives from licensed or accredited
child-placing and child-caring agencies or institutions, National Statistics Office, and Office of the Civil
Registrar, is hereby tasked to draft the implementing rules and regulations of this Act within sixty (60)
days following its complete publication.
Upon effectivity of this Act and pending the completion of the drafting of the implementing
rules and regulations, petitions for the issuance of a certification declaring a child legally available for
adoption may be filed with the regional office of the DSWD where the child was found or abandoned.
SECTION 10. Penalty. — The penalty of One hundred thousand pesos (P100,000.00) to Two
hundred thousand pesos (P200,000.00) shall be imposed on any person, institution, or agency who
shall place a child for adoption without the certification that the child is legally available for adoption
issued by the DSWD. Any agency or institution found violating any provision of this Act shall have its
license to operate revoked without prejudice to the criminal prosecution of its officers and employees.
Violation of any provision of this Act shall subject the government official or employee concerned
to appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal
from the government service and forfeiture of benefits.
SECTION 11. Repealing Clause. — SECTIONs 2 (c) (iii), 3 (b), (e), and 8 (a) of Republic Act No.
8552, SECTION 3 (f) of Republic Act No. 8043, Chapter 1 of Titles VII and VIII of Presidential Decree No.
603, and any law, presidential decree, executive order, letter of instruction, administrative order, rule,
or regulation contrary to or inconsistent with the provisions of this Act are hereby repealed, modified,
or amended accordingly.
the other provisions not affected thereby shall remain valid and subsisting.
SECTION 13. Effectivity. — This Act shall take effect fifteen (15) days following its complete
publication in two (2) newspapers of general circulation or in the Official Gazette.
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Republic Act Number: Republic Act No.9344
Title of Law: An Act Establishing The Comprehensive Juvenile Justice And Welfare System,
Creating The Juvenile Justice And Welfare Council Under The Department Of Justice Ap-
propriating Funds Therefor And For Other Purposes
Short Title: Juvenile Justice and Welfare Act of 2006

Category of Child’s Rights: Survival, Development and Protection

Amended by: Amended by RA No. 10630
Implementing Rules and Regulation: see Revised Rules and Regulations Implementing
Republic Act No. 9344, as Amended by R.A. 10630 (JJWC Resolution No. 02-14) (August
11, 2014)
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING

THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
TITLE I
Governing Principles
CHAPTER 1
Title, Policy and Definition of Terms
SECTION 1. Short Title and Scope. — This Act shall be known as the “Juvenile Justice and Welfare
Act of 2006.” It shall cover the different stages involving children at risk and children in conflict with the
law from prevention to rehabilitation and reintegration.
SECTION 2. Declaration of State Policy. — The following State policies shall be observed at all
times:
(a) The State recognizes the vital role of children and youth in nation building and shall promote
and protect their physical, moral, spiritual, intellectual and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.
(b) The State shall protect the best interests of the child through measures that will ensure
the observance of international standards of child protection, especially those to which
the Philippines is a party. Proceedings before any authority shall be conducted in the
best interest of the child and in a manner which allows the child to participate and to
express himself/herself freely. The participation of children in the program and policy
formulation and implementation related to juvenile justice and welfare shall be ensured
by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation,
and other conditions prejudicial to their development.
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(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State
recognizes the right of every child alleged as, accused of, adjudged, or recognized as,
having infringed the penal law to be treated in a manner consistent with the promotion of
the child’s sense of dignity and worth, taking into account the child’s age and desirability
of promoting his/her reintegration. Whenever appropriate and desirable, the State shall
adopt measures for dealing with such children without resorting to judicial proceedings,
providing that human rights and legal safeguards are fully respected. It shall ensure
that children are dealt with in a manner appropriate to their well-being by providing,
among others, a variety of disposition measures such as care, guidance and supervision
orders, counseling, probation, foster care, education and vocational training programs
and other alternative to institutional care.
(e) The administration of the juvenile justice and welfare system shall take into consideration
the cultural and religious perspectives of the Filipino people, particularly the indigenous
peoples and the Muslims, consistent with the protection of the rights of children
belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies and programs
applicable to children in conflict with the law.
SECTION 3. Liberal Construction of this Act. — In case of doubt, the interpretation of any of the
provisions of this Act, including its implementing rules and regulations (IRRs), shall be construed liberally
in favor of the child in conflict with the law.
SECTION 4. Definition of Terms. — The following terms as used in this Act shall be defined as
follows:
(a) “Bail” refers to the security given for the release of the person in custody of the law, furnished
by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may
be given in the form of corporate security, property bond, cash deposit, or recognizance.
(b) “Best Interest of the Child” refers to the totality of the circumstances and conditions which
are most congenial to the survival, protection and feelings of security of the child and
most encouraging to the child’s physical, psychological and emotional development. It
also means the least detrimental available alternative for safeguarding the growth and
development of the child.
(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited
to, the following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling,
or, unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
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(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) “Child in Conflict with the Law” refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
(f) “Community-based Programs” refers to the programs provided in a community setting

developed for purposes of intervention and diversion, as well as rehabilitation of the
child in conflict with the law, for reintegration into his/her family and/or community.
(g) “Court” refers to a family court or, in places where there are no family courts, any regional
trial court.
(h) “Deprivation of Liberty” refers to any form of detention or imprisonment, or to the placement
of a child in conflict with the law in a public or private custodial setting, from which the
child in conflict with the law is not permitted to leave at will by order of any judicial or
administrative authority.
(i) “Diversion” refers to an alternative, child-appropriate process of determining the responsibility

and treatment of a child in conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background without resorting to formal court
proceedings.
(j) “Diversion Program” refers to the program that the child in conflict with the law is required
to undergo after he/she is found responsible for an offense without resorting to formal
court proceedings.
(k) “Initial Contact With the Child” refers to the apprehension or taking into custody of a child
in conflict with the law by law enforcement officers or private citizens. It includes the
time when the child alleged to be in conflict with the law receives a subpoena under
SECTION 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under
SECTION 6(a) or SECTION 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in conflict
with the law under immediate custody.
(l) “Intervention” refers to a series of activities which are designed to address issues that caused
the child to commit an offense. It may take the form of an individualized treatment
program which may include counseling, skills training, education, and other activities
that will enhance his/her psychological, emotional and psycho-social well-being.
(m) “Juvenile Justice and Welfare System” refers to a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and development.
(n) “Law Enforcement Officer” refers to the person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code, including a barangay tanod.
(o) “Offense” refers to any act or omission whether punishable under special laws or the Revised
Penal Code, as amended.
(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a parent or custodian

who shall be responsible for the appearance in court of the child in conflict with the law,
when required.
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(q) “Restorative Justice” refers to a principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the community. It seeks
to obtain reparation for the victim; reconciliation of the offender, the offended and
the community; and reassurance to the offender that he/she can be reintegrated into
society. It also enhances public safety by activating the offender, the victim and the
community in prevention strategies.
(r) “Status Offenses” refers to offenses which discriminate only against a child, while an adult
does not suffer any penalty for committing similar acts. These shall include curfew
violations, truancy, parental disobedience and the like.
(s) “Youth Detention Home” refers to a 24-hour child-caring institution managed by accredited
local government units (LGUs) and licensed and/or accredited non-government
organizations (NGOs) providing short-term residential care for children in conflict with
the law who are awaiting court disposition of their cases or transfer to other agencies
or jurisdiction.
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility managed by
the Department of Social Welfare and Development (DSWD), LGUs, licensed and/
or accredited NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law. Rehabilitation services are
provided under the guidance of a trained staff where residents are cared for under
a structured therapeutic environment with the end view of reintegrating them into
their families and communities as socially functioning individuals. Physical mobility of
residents of said centers may be restricted pending court disposition of the charges
against them.
(u) “Victimless Crimes” refers to offenses where there is no private offended party.
CHAPTER 2
Principles in the Administration of Juvenile Justice and Welfare
SECTION 5. Rights of the Child in Conflict with the Law. — Every child in conflict with the law shall
have the following rights, including but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading, treatment or
punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without
the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, or his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest
appropriate period of time;
(d) the right to be treated with humanity and respect for the inherent dignity of the person, and
in a manner which takes into account the needs of a person of his/her age. In particular,
a child deprived of liberty shall be separated from adult offenders at all times. No child
shall be detained together with adult offenders. He/She shall be conveyed separately to
or from court. He/She shall await hearing of his/her own case in a separate holding area.
A child in conflict with the law shall have the right to maintain contact with his/her family
through correspondence and visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right
to challenge the legality of the deprivation of his/her liberty before a court or other
competent, independent and impartial authority, and to a prompt decision on such
action;
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(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in his/her own behalf under the rule on examination of a child
witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/
her best interest, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and
where discretion is given by law to the judge to determine whether to impose fine or
imprisonment, the imposition of fines being preferred as the more appropriate penalty;
(l) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation
Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and DISHEA
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice or “Beijing Rules”, United Nations Guidelines for the Prevention of
Juvenile Delinquency or the “Riyadh Guidelines”, and the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.
SECTION 6. Minimum Age of Criminal Responsibility. — A child fifteen (15) years of age or under
at the time of the commission of the offense shall be exempt from criminal liability. However, the child
shall be subjected to an intervention program pursuant to SECTION 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
SECTION 7. Determination of Age. — The child in conflict with the law shall enjoy the presumption
of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be
eighteen (18) years old or older. The age of a child may be determined from the child’s birth certificate,
baptismal certificate or any other pertinent documents. In the absence of these documents, age may
be based on information from the child himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall
be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the
information in any appropriate court may file a case in a summary proceeding for the determination of
age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of
the appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the appropriate
court, the person shall file a motion to determine the age of the child in the same court where the case
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is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts at determining the age of the child in conflict with the law.
TITLE II
Structures in the Administration of Juvenile Justice and Welfare
SECTION 8. Juvenile Justice and Welfare Council (JJWC). — A Juvenile Justice and Welfare
Council (JJWC) is hereby created and attached to the Department of Justice and placed under its
administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social
Welfare and Development. It shall ensure the effective implementation of this Act and coordination
among the following agencies:
(a) Council for the Welfare of Children (CWC);
(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney’s Office (PAO);
(e) Bureau of Corrections (BUCOR);
(f) Parole and Probation Administration (PPA);
(g) National Bureau of Investigation (NBI);
(h) Philippine National Police (PNP);
(i) Bureau of Jail Management and Penology (BJMP);
(j) Commission on Human Rights (CHR);
(k) Technical Education and Skills Development Authority (TESDA);
(l) National Youth Commission (NYC); and
(m) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall be lower than director, to
be designated by the concerned heads of the following departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC);
(d) Department of Education (DepEd);
(e) Department of the Interior and Local Government (DILG);
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and
the other to be designated by the Secretary of Social Welfare and Development.
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The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary
of Justice and the Secretary of Social Welfare and Development shall determine the organizational
structure and staffing pattern of the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial
Academy to ensure the realization of its mandate and the proper discharge of its duties and functions,
as herein provided.
SECTION 9. Duties and Functions of the JJWC. — The JJWC shall have the following duties and
functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations
or in the formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program,

with the participation of government agencies concerned, NGOs and youth organization;
(e) To coordinate the implementation of the juvenile intervention programs and activities by
national government agencies and other activities which may have an important bearing
on the success of the entire national juvenile intervention program. All programs relating
to juvenile justice and welfare shall be adopted in consultation with the JJWC;
(f) To formulate and recommend policies and strategies in consultation with children for the
prevention of juvenile delinquency and the administration of justice, as well as for the
treatment and rehabilitation of the children in conflict with the law;
(g) To collect relevant information and conduct continuing research and support evaluations
and studies on all matters relating to juvenile justice and welfare, such as, but not limited
to:
(1) the performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;
(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration
of juvenile justice and welfare system.
The JJWC shall setup a mechanism to ensure that children are involved in research and
policy development.
(h) Through duly designated persons and with the assistance of the agencies provided in the
preceding SECTION, to conduct regular inspections in detention and rehabilitation facilities
and to undertake spot inspections on their own initiative in order to check compliance
with the standards provided herein and to make the necessary recommendations to
appropriate agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the juvenile
intervention program;
(j) To submit an annual report to the President on the implementation of this Act; and
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(k) To perform such other functions as may be necessary to implement the provisions of this
Act.
SECTION 10. Policies and Procedures on Juvenile Justice and Welfare. — All government
agencies enumerated in SECTION 8 shall, with the assistance of the JJWC and within one (1) year from
the effectivity of this Act, draft policies and procedures consistent with the standards set in the law.
These policies and procedures shall be modified accordingly in consultation with the JJWC upon the
completion of the national juvenile intervention program as provided under SECTION 9 (d).
SECTION 11. Child Rights Center (CRC). — The existing Child Rights Center of the Commission on
Human Rights shall ensure that the status, rights and interests of children are upheld in accordance with
the Constitution and international instruments on human rights. The CHR shall strengthen the monitoring
of government compliance of all treaty obligations, including the timely and regular submission of
reports before the treaty bodies, as well as the implementation and dissemination of recommendations
and conclusions by government agencies as well as NGOs and civil society.
TITLE III
Prevention of Juvenile Delinquency
CHAPTER 1
The Role of the Different Sectors
SECTION 12. The Family. — The family shall be responsible for the primary nurturing and rearing
of children which is critical in delinquency prevention. As far as practicable and in accordance with the
procedures of this Act, a child in conflict with the law shall be maintained in his/her family.
SECTION 13. The Educational System. — Educational institutions shall work together with
families, community organizations and agencies in the prevention of juvenile delinquency and in
the rehabilitation and reintegration of child in conflict with the law. Schools shall provide adequate,
necessary and individualized educational schemes for children manifesting difficult behavior and
children in conflict with the law. In cases where children in conflict with the law are taken into custody
or detained in rehabilitation centers, they should be provided the opportunity to continue learning
under an alternative learning system with basic literacy program or non-formal education accreditation
equivalency system.
SECTION 14. The Role of the Mass Media. — The mass media shall play an active role in the
promotion of child rights, and delinquency prevention by relaying consistent messages through a
balanced approach. Media practitioners shall, therefore, have the duty to maintain the highest critical
and professional standards in reporting and covering cases of children in conflict with the law. In all
publicity concerning children, the best interest of the child should be the primordial and paramount
concern. Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict
with the law is hereby declared a violation of the child’s rights.
SECTION 15. Establishment and Strengthening of Local Councils for the Protection of Children. —
Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government,
and where they have already been established, they shall be strengthened within one (1) year from the
effectivity of this Act. Membership in the LCPC shall be chosen from among the responsible members
of the community, including a representative from the youth sector, as well as representatives from
government and private agencies concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with and assist the LGU
concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee its
proper implementation.
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One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall
be allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.
SECTION 16. Appointment of Local Social Welfare and Development Officer. — All LGUs shall
appoint a duly licensed social worker as its local social welfare and development officer tasked to assist
children in conflict with the law.
SECTION 17. The Sangguniang Kabataan. — The Sangguniang Kabataan (SK) shall coordinate
with the LCPC in the formulation and implementation of a juvenile intervention and diversion programs
in the community.
CHAPTER 2
Comprehensive Juvenile Intervention Program
SECTION 18. Development of a Comprehensive Juvenile Intervention Program. — A comprehensive

juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the
barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their respective juvenile intervention
programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly
the child-focused institutions, NGOs, people’s organizations, educational institutions, and
government agencies involved in delinquency prevention to participate in the planning process and
implementation of juvenile intervention programs. Such programs shall be implemented consistent
with the national program formulated and designed by the JJWC.
The implementation of the comprehensive juvenile intervention program shall be reviewed

and assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall be
submitted by the provincial and city governments to the JJWC not later than March 30 of every year.
SECTION 19. Community-based Programs on Juvenile Justice and Welfare. — Community-

based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC,
school, youth organizations and other concerned agencies. The LGUs shall provide community-based
services which respond to the special needs, problems, interests and concerns of children and which
offer appropriate counseling and guidance to them and their families. These programs shall consist of
three levels:
(a) Primary intervention includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice
system and other measures to prevent reoffending.
TITLE IV
Treatment of Children Below the Age of Criminal Responsibility
SECTION 20. Children Below the Age of Criminal Responsibility. — If it has been determined
that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child has the duty to immediately release the child to the custody of his/her parents
or guardian, or in the absence thereof, the child’s nearest relative. Said authority shall give notice
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to the local social welfare and development officer who will determine the appropriate programs in
consultation with the child and to the person having custody over the child. If the parents, guardians
or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to
any of the following: a duly registered nongovernmental or religious organization; a barangay official
or a member of the Barangay Council for the Protection of Children-(BCPC); a local social welfare
and development officer; or, when and where appropriate, the DSWD. If the child referred to herein
has been found by the Local Social Welfare and Development Office to be abandoned, neglected or
abused by his parents, or in the event that the parents will not comply with the prevention program,
the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare
and Development Office pursuant to Presidential Decree No. 603, otherwise known as “The Child and
Youth Welfare Code”.
TITLE V
Juvenile Justice and Welfare System
CHAPTER 1
Initial Contact With the Child
SECTION 21. Procedure for Taking the Child into Custody. — From the moment a child is taken
into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why he/
she is being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional
rights in a language or dialect understood by him/her;
(c) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or another instruments of force or
restraint, unless absolutely necessary and only after all other methods of control have
been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary
for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to SECTION 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of
the child to the Social Welfare and Development Office or other accredited NGOs,
and notify the child’s parents/guardians and Public Attorneys’ Office of the child’s
apprehension. The social welfare and development officer shall explain to the child and
the child’s parents/guardians the consequences of the child’s act with a view towards
counseling and rehabilitation, diversion from the criminal justice system, and reparation,
if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical
and mental examination. The examination results shall be kept confidential unless
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otherwise ordered by the Family Court. Whenever the medical treatment is required,
steps shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall
be secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
(1) Whether handcuffs or other instruments of restraint were used, and if so, the reason
for such;
(2) That the parents or guardian of a child, the DSWD, and the PAO have been duly
informed of the apprehension and the details thereof; and
(3) The exhaustion of measures to determine the age of a child and the precise details
of the physical and medical examination or the failure to submit a child to such
examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the
child’s parents or guardian, social worker, or legal counsel in attendance who shall affix
his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same
gender and shall not be locked up in a detention cell.
SECTION 22. Duties During Initial Investigation. — The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following:
(1) child’s counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2)
the child’s parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare
and development officer. In the absence of the child’s parents, guardian, or nearest relative, and the
local social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the
following:
(a) Proceed in accordance with SECTION 20 if the child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.
CHAPTER 2
Diversion
SECTION 23. System of Diversion. — Children in conflict with the law shall undergo diversion
programs without undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime 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
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with a view to accomplishing the objectives of restorative justice and the formulation
of a diversion program. The child and his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment,
the local social welfare and development officer shall meet with the child and his/her
parents or guardians for the development of the appropriate diversion and rehabilitation
program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the court.
SECTION 24. Stages Where Diversion May be Conducted. — Diversion may be conducted at the
Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage
and at all levels and phases of the proceedings including judicial level.
SECTION 25. Conferencing, Mediation and Conciliation. — A child in conflict with the law may
undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry
into said system. A contract of diversion may be entered into during such conferencing, mediation or
conciliation proceedings.
SECTION 26. Contract of Diversion. — If during the conferencing, mediation or conciliation,

the child voluntarily admits the commission of the act, a diversion program shall be developed when
appropriate and desirable as determined under SECTION 30. Such admission shall not be used against
the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program
shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing
and signed by the parties concerned and the appropriate authorities. The local social welfare and
development officer shall supervise the implementation of the diversion program. The diversion
proceedings shall be completed within forty-five (45) days. The period of prescription of the offense
shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45)
days.
The child shall present himself/herself to the competent authorities that imposed the diversion
program at least once a month for reporting and evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of diversion, as certified by the
local social welfare and development officer, shall give the offended party the option to institute the
appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivity of the
diversion program, but not exceeding a period of two (2) years. SACTIH
SECTION 27. Duty of the Punong Barangay When There is No Diversion. — If the offense does
not fall under SECTION 23(a) and (b), or if the child, his/her parents or guardian does not consent to
a diversion, the Punong Barangay handling the case shall, within three (3) days from determination
of the absence of jurisdiction over the case or termination of the diversion proceedings, as the case
may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the
appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying
to the fact that no agreement has been reached by the parties, the case shall be filed according to the
regular process.
SECTION 28. Duty of the Law Enforcement Officer When There is No Diversion. — If the offense
does not fall under SECTION 23(a) and (b), or if the child, his/her parents or guardian does not consent
to a diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer
handling the case shall, within three (3) days from determination of the absence of jurisdiction over the
case or termination of diversion proceedings, forward the records of the case of the child under custody,
to the prosecutor of judge concerned for the conduct of inquest and/or preliminary investigation to
determine whether or not the child should remain under custody and correspondingly charged in court.
388
The document transmitting said records shall display the word “CHILD” in bold letters.
SECTION 29. Factors in Determining Diversion Program. — In determining whether diversion is

appropriate and desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SECTION 30. Formulation of the Diversion Program. — In formulating a diversion program, the
individual characteristics and the peculiar circumstances of the child in conflict with the law shall be
used to formulate an individualized treatment.
The following factors shall be considered in formulating a diversion program for the child:
(a) The child’s feelings of remorse for the offense he/she committed;
(b) The parents’ or legal guardians’ ability to guide and supervise the child;
(c) The victim’s view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of the
child.
SECTION 31. Kinds of Diversion Programs. — The diversion program shall include adequate
socio-cultural and psychological responses and services for the child. At the different stages where
diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not
limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child’s family;
(7) Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
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(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;
(8) Participation in available community-based programs, including community service;

or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs (a) and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine;
(4) Payment of the cost of the proceedings; or

(5) Institutional care and custody.
CHAPTER 3
Prosecution
SECTION 32. Duty of the Prosecutor’s Office. — There shall be a specially trained prosecutor to
conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict with the
law. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or
detention, it shall be the duty of the prosecutor to investigate the same.
SECTION 33. Preliminary Investigation and Filing of Information. — The prosecutor shall conduct
a preliminary investigation in the following instances: (a) when the child in conflict with the law does
not qualify for diversion; (b) when the child, his/her parents or guardian does not agree to diversion as
specified in SECTIONs 27 and 28; and (c) when considering the assessment and recommendation of
the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict
with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney’s Office of such service, as well as the personal information, and place of detention of the
child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child shall
be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation.
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CHAPTER 4
Court Proceedings
SECTION 34. Bail. — For purpose of recommending the amount of bail, the privileged mitigating
circumstance of minority shall be considered.
SECTION 35. Release on Recognizance. — Where a child is detained, the court shall order:
(a) the release of the minor or recognizance to his/her parents and other suitable persons;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
SECTION 36. Detention of the Child Pending Trial. — Children detained pending trial may be
released on bail or recognizance as provided for under SECTIONs 34 and 35 under this Act. In all other
cases and whenever possible, detention pending trial may be replaced by alternative measures, such
as close supervision, intensive care or placement with a family or in an educational setting or home.
Institutionalization or detention of the child pending trial shall be used only as a measure of last resort
and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention homes
established by local governments, pursuant to SECTION 8 of the Family Courts Act, in the city or
municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the law may be committed to
the care of the DSWD or a local rehabilitation center recognized by the government in the province, city
or municipality within the jurisdiction of the court. The center or agency concerned shall be responsible
for the child’s appearance to court whenever required.
SECTION 37. Diversion Measures. — Where the maximum penalty imposed by law for the
offense with which the child in conflict with the law is charged is imprisonment of not more than twelve
(12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the
child in conflict with the law, the court shall determine whether or not diversion is appropriate.
SECTION 38. Automatic Suspension of Sentence. — Once the child who is under eighteen (18)
years of age at the time of the commission of the offense is found guilty of the offense charged,
the court shall determine and ascertain any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment of conviction, the court shall place the child
in conflict with the law under suspended sentence, without need of application: Provided, however,
That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of
age or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various circumstances of the child, the
court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
SECTION 39. Discharge of the Child in Conflict with the Law. — Upon the recommendation of
the social worker who has custody of the child, the court shall dismiss the case against the child whose
sentence has been suspended and against whom disposition measures have been issued, and shall
order the final discharge of the child if it finds that the objective of the disposition measures have been
fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from
the commission of the offense, which shall be enforced in accordance with law.
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SECTION 40. Return of the Child in Conflict with the Law to Court. — If the court finds that the
objective of the disposition measures imposed upon the child in conflict with the law have not been
fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her
disposition or rehabilitation program, the child in conflict with the law shall be brought before the court
for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance with this Act, to order
execution of sentence, or to extend the suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21) years.
SECTION 41. Credit in Service of Sentence. — The child in conflict with the law shall be credited
in the services of his/her sentence with the full time spent in actual commitment and detention under
this Act.
SECTION 42. Probation as an Alternative to Imprisonment. — The court may, after it shall have
convicted and sentenced a child in conflict with the law, and upon application at any time, place the
child, on probation in lieu of service of his/her sentence taking into account the best interest of the
child. For this purpose, SECTION 4 of Presidential Decree No. 968, otherwise known as the “Probation
Law of 1976,” is hereby amended accordingly.
CHAPTER 5
Confidentiality of Records and Proceedings
SECTION 43. Confidentiality of Records and Proceedings. — All records and proceedings
involving children in conflict with the law from initial contact until final disposition of the case shall be
considered privileged and confidential. The public shall be excluded during the proceedings and the
records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants
in the proceedings for any purpose whatsoever, except to determine if the child in conflict with the law
may have his/her sentence suspended or if he/she may be granted probation under the Probation Law,
or to enforce the civil liability imposed in the criminal action.
The component authorities shall undertake all measures to protect this confidentiality of
proceedings, including non-disclosure of records to the media, maintaining a separate police blotter
for cases involving children in conflict with the law and adopting a system of coding to conceal material
information which will lead to the child’s identity. Records of a child in conflict with the law shall not
be used in subsequent proceedings for cases involving the same offender as an adult, except when
beneficial for the offender and upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held under any provision
of law, to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made to him/her for
any purpose.
TITLE VI
Rehabilitation and Reintegration
SECTION 44. Objective of Rehabilitation and Reintegration. — The objective of rehabilitation and
reintegration of children in conflict with the law is to provide them with interventions, approaches and
strategies that will enable them to improve their social functioning with the end goal of reintegration to
their families and as productive members of their communities.
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SECTION 45. Court Order Required. — No child shall be received in any rehabilitation or training
facility without a valid order issued by the court after a hearing for the purpose. The details of this order
shall be immediately entered in a register exclusively for children in conflict with the law. No child shall
be admitted in any facility where there is no such register.
SECTION 46. Separate Facilities from Adults. — In all rehabilitation or training facilities, it shall
be mandatory that children shall be separated from adults unless they are members of the same family.
Under no other circumstance shall a child in conflict with the law be placed in the same confinement as
adults.
The rehabilitation, training or confinement area of children in conflict with the law shall provide
a home environment where children in conflict with the law can be provided with quality counseling
and treatment.
SECTION 47. Female Children. — Female children in conflict with the law placed in an institution
shall be given special attention as to their personal needs and problems. They shall be handled by
female doctors, correction officers and social workers, and shall be accommodated separately from
male children in conflict with the law.
SECTION 48. Gender-Sensitivity Training. — No personnel of rehabilitation and training facilities

shall handle children in conflict with the law without having undergone gender sensitivity training.
SECTION 49. Establishment of Youth Detention Homes. — The LGUs shall set aside an amount
to build youth detention homes as mandated by the Family Courts Act. Youth detention homes may
also be established by private and NGOs licensed and accredited by the DSWD, in consultation with
the JJWC.
SECTION 50. Care and Maintenance of the Child in Conflict with the Law. — The expenses for
the care and maintenance of a child in conflict with the law under institutional care shall be borne by
his/her parents or those persons liable to support him/her: Provided, That in case his/her parents or
those persons liable to support him/her cannot pay all or part of said expenses, the municipality where
the offense was committed shall pay one-third (1/3) of said expenses or part thereof; the province to
which the municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne
by the national government. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case
a chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the
unpaid portion shall be withheld and applied to the settlement of said obligations: Provided, further,
That in the event that the child in conflict with the law is not a resident of the municipality/city where
the offense was committed, the court, upon its determination, may require the city/municipality where
the child in conflict with the law resides to shoulder the cost.
All city and provincial governments must exert effort for the immediate establishment of local
detention homes for children in conflict with the law.
SECTION 51. Confinement of Convicted Children in Agricultural Camps and other Training
Facilities. — A child in conflict with the law may, after conviction and upon order of the court, be made
to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp
and other training facilities that may be established, maintained, supervised and controlled by the
BUCOR, in coordination with the DSWD.
SECTION 52. Rehabilitation of Children in Conflict with the Law. — Children in conflict with the
law, whose sentences are suspended may, upon order of the court, undergo any or a combination of
disposition measures best suited to the rehabilitation and welfare of the child as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall
be released to parents, guardians, relatives or any other responsible person in the community. Under
the supervision and guidance of the local social welfare and development officer, and in coordination
393
with his/her parents/guardian, the child in conflict with the law shall participate in community-based
programs, which shall include, but not limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services;
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to actively
participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by the
local social welfare and development officer to the court for final disposition of the case.
If the community-based programs are provided as diversion measures under Chapter II, Title V,
the programs enumerated above shall be made available to the child in conflict with the law.
SECTION 53. Youth Rehabilitation Center. — The youth rehabilitation center shall provide 24-
hour group care, treatment and rehabilitation services under the guidance of a trained staff where
residents are cared for under a structured therapeutic environment with the end view of reintegrating
them in their families and communities as socially functioning individuals. A quarterly report shall be
submitted by the center to the proper court on the progress of the children in conflict with the law.
Based on the progress of the youth in the center, a final report will be forwarded to the court for final
disposition of the case. The DSWD shall establish youth rehabilitation centers in each region of the
country.
SECTION 54. Objectives of Community-Based Programs. — The objectives of community-based

programs are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law
in case he/she is studying, working or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians
to maintain the support system fostered by their relationship and to create greater
awareness of their mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and
encourage community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail
detention.
SECTION 55. Criteria of Community-Based Programs. — Every LGU shall establish community-
based programs that will focus on the rehabilitation and reintegration of the child. All programs shall meet
the criteria to be established by the JJWC which shall take into account the purpose of the program,
the need for the consent of the child and his/her parents or legal guardians, and the participation of the
child-centered agencies whether public or private.
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SECTION 56. After-Care Support Services for Children in Conflict with the Law. — Children in
conflict with the law whose cases have been dismissed by the proper court because of good behavior
as per recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation
center shall be provided after-care services by the local social welfare and development officer for a
period of at least six (6) months. The service includes counseling and other community-based services
designed to facilitate social reintegration, prevent re-offending and make the children productive
members of the community.
TITLE VII
General Provisions
CHAPTER 1
Exempting Provisions
SECTION 57. Status Offenses. — Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense and shall not be punished if committed by a
child.
SECTION 58. Offenses Not Applicable to Children. — Persons below eighteen (18) years of age
shall be exempt from prosecution for the crime of vagrancy and prostitution under SECTION 202 of
the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations
Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling
and treatment program.
SECTION 59. Exemption from the Application of Death Penalty. — The provisions of the Revised
Penal Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon
children in conflict with the law.
CHAPTER 2
Prohibited Acts
SECTION 60. Prohibition Against Labeling and Shaming. — In the conduct of the proceedings
beginning from the initial contact with the child, the competent authorities must refrain from branding
or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any
manner any other derogatory names. Likewise, no discriminatory, remarks and practices shall be
allowed particularly with respect to the child’s class or ethnic origin.
SECTION 61. Other Prohibited Acts. — The following and any other similar acts shall be considered
prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health
and well-being of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature; ACIDTE
(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping,
and solitary confinement;
(c) Employment of degrading, inhuman and cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful substances over the body of the child in
395
conflict with the law, or forcing him/her to walk around the community wearing signs
which embarrass, humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all
instances.
CHAPTER 3
Penal Provision
SECTION 62. Violation of the Provisions of this Act or Rules or Regulations in General. — Any
person who violates any provision of this Act or any rule or regulation promulgated in accordance
thereof shall, upon conviction for each act or omission, be punished by a fine of not less than Twenty
thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer
imprisonment of not less than eight (8) years but not more than ten (10) years, or both such fine and
imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised Penal
Code or special laws. If the offender is a public officer or employee, he/she shall, in addition to such fine
and/or imprisonment, be held administratively liable and shall suffer the penalty of perpetual absolute
disqualification.
CHAPTER 4
Appropriation Provision
SECTION 63. Appropriations. — The amount necessary to carry out the initial implementation of
this Act shall be charged to the Office of the President. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the succeeding General Appropriations
Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the
JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office.
TITLE VIII
Transitory Provisions
SECTION 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. — Upon effectivity
of this Act, cases of children fifteen (15) years old and below at the time of the commission of the crime
shall immediately be dismissed and the child shall be referred to the appropriate local social welfare
and development officer. Such officer, upon thorough assessment of the child, shall determine whether
to release the child to the custody of his/her parents, or refer the child to prevention programs, as
provided under this Act. Those with suspended sentences and undergoing rehabilitation at the youth
rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child.
SECTION 65. Children Detained Pending Trial. — If the child is detained pending trial, the Family
Court shall also determine whether or not continued detention is necessary and, if not, determine
appropriate alternatives for detention. If detention is necessary and he/she is detained with adults, the
court shall immediately order the transfer of the child to a youth detention home.
SECTION 66. Inventory of “Locked-up” and Detained Children in Conflict with the Law. — The
PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days
from the effectivity of this Act, an inventory of all children in conflict with the law under their custody.
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SECTION 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court
Proceedings. — If a child reaches the age of eighteen (18) years pending diversion and court proceedings,
the appropriate diversion authority in consultation with the local social welfare and development officer
or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the
Supreme Court, as the case may be, shall determine the appropriate disposition. In case the appropriate
court executes the judgment of conviction, and unless the child in conflict with the law has already
availed of probation under, Presidential Decree No. 603 or other similar laws, the child may apply for
probation if qualified under the provisions of the Probation Law.
SECTION 68. Children Who Have Been Convicted and are Serving Sentences. — Persons who
have been convicted and are serving sentence at the time of the effectivity of this Act, and who were
below the age of eighteen (18) years at the time of the commission of the offense for which they were
convicted and are serving sentence, shall likewise benefit from the retroactive application of this Act.
They shall be entitled to appropriate dispositions provided under this Act and their sentences shall be
adjusted accordingly. They shall be immediately released if they are so qualified under this Act or other
applicable law.
TITLE IX
Final Provisions
SECTION 69. Rule Making Power. — The JJWC shall issue the IRRs for the implementation of the
provisions of this Act within ninety (90) days from the effectivity thereof.
SECTION 70. Separability Clause. — If, for any reason, any SECTION or provision of this Act is
declared unconstitutional or invalid by the Supreme Court, the other SECTIONs or provisions hereof not
affected by such declaration shall remain in full force and effect.
SECTION 71. Repealing Clause. — All existing laws, orders, degrees, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 72. Effectivity. — This Act shall take effect after fifteen (15) days from its publication in
at least two (2) national newspaper of general circulation.
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Title of Law: An Act Promulgating A Comprehensive Policy And A National System For En-
suring Newborn Screening
Short Title: Newborn Screening Act of 2004

Amended by: amended by Republic Act No. 9709
9288, DOH Circular No. 333-04 (October 22, 2004)
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR ENSURING

NEWBORN SCREENING
ARTICLE 1
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Newborn Screening Act of 2004.”
to health of the people, including the rights of children to survival and full and healthy development as
normal individuals. In pursuit of such policy, the State shall institutionalize a national newborn screening
system that is comprehensive, integrative and sustainable, and will facilitate collaborative among
government and non-government agencies at the national and local levels, the private sector, families
and communities, professional health organizations, academic institutions, and non-governmental
organizations. The National Newborn Screening System shall ensure that every baby born in the
Philippines is offered the opportunity to undergo screening and thus be spared from heritable conditions
that can lead to mental retardation and death if undetected and untreated.
SECTION 3. Objectives. — The objectives of the National Newborn Screening System are:
1) To ensure that every newborn has access to newborn screening for certain heritable
conditions that can results in mental retardation, serious health complications or
death if left undetected and untreated;
2) To establish and integrate a sustainable newborn screening system with the public
health delivery system;
3) To ensure that all health practitioners are aware of the advantages of newborn screening
and of their respective responsibilities in offering newborns the opportunity to
undergo newborn screening; and
4) To ensure that parents recognize their responsibility in promoting their child’s right to
health and full development, within the context of responsible parenthood, by
protecting their child from preventable causes of disability and death through
newborn screening.
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ARTICLE 2
Definition of Terms
SECTION 4. Definitions. — Under this Act, the following terms shall have the meanings
respectively given to them below:
1) Comprehensive Newborn Screening System means a newborn screening that includes,
but is not limited to education of relevant stakeholders; collection and biochemical
screening of blood samples taken from newborns; tracking and confirmatory
testing to ensure the accuracy of screening result; clinical evaluation and
biochemical confirmation of test; drugs and medical/surgical management and
dietary supplementation to address the heritable conditions; and evaluations
activities to assess long term outcome, patient compliance and quality assurance.
2) Follow-up means the monitoring of a newborn with a heritable condition for the purpose
of ensuring that the newborn patient complies fully with the medicine or dietary
prescriptions.
3) Health institutions means hospital, health infirmaries, health centers, lying-in centers
or puericulture centers with obstetrical and pediatric services, whether public or
private.
4) Healthcare practitioner means physicians, nurses, midwives, nursing aides and
traditional birth attendants.
5) Heritable condition means any conditions that can result in mental retardation physical
deformity or death if left undetected and untreated and which is usually inherited
from the genes of either both biological parents of the newborn.
6) NIH means the National Institute of Health.
7) Newborn means a child from the time of complete delivery to 30 days old.
8) Newborn Screening means the process of collecting a few drops of blood from the
newborn onto an appropriate collection card and performing biochemical testing
for determining if the newborn has a heritable condition.
9) Newborn Screening Center means a facility equipped with a newborn screening
laboratory that complies with the standards established by the NIH and provides
all required laboratory tests and recall/follow-up programs for newborns with
heritable conditions.
10) Newborn Screening Reference Center means the central facility at the NIH that defines
testing and follow-up protocols, maintains an external laboratory proficiency
testing program oversee the national testing database and case registries,
assists in training activities and all aspects of the program oversees content of
educational materials and acts as the Secretariat of the Advisory Committee on
Newborn Screening.
11) Parent education means the various means of providing parents or legal guardians
information about newborn screening.
12) Recall means a procedure for locating a newborn with a possible heritable condition for
purposes of providing the newborn with appropriate laboratory testing to confirm
the diagnosis and, as appropriate, provide treatment.
13) Treatment means the provision of prompt, appropriate and adequate medicine, medical
and surgical management or dietary prescription to a newborn for purposes of
treating or mitigating the adverse health consequences of the heritable condition.
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ARTICLE 3
Newborn Screening
SECTION 5. Obligation to Inform. — Any health practitioner who delivers, or assists in the
delivery, of a newborn in the Philippines shall, prior to the delivery, inform the parents or legal guardian
of the newborn of the availability, nature and benefits of newborn screening. Appropriate notification
and education regarding this obligation shall be the responsibility of the Department of Health (DOH).
SECTION 6. Performance of Newborn Screening. — Newborn Screening shall be performed after

twenty-four (24) hours of life but not later than three (3) days from complete delivery of the newborn.
A newborn that must be placed in intensive care in order to ensure survival may be exempted from
the 3-days requirement but must be tested by seven (7) days of age. it shall be the joint responsibility
of the parent(s) and the practitioner or other person delivering the newborn to ensure that newborn
screening is performed. An appropriate informational brochure for parents to assist in fulfilling this
responsibility shall be made available by the Department of Health and shall be distributed to all health
institutions and made available to any health practitioner requesting it for appropriate distribution.
SECTION 7. Refusal to be Tested. — A parent or legal guardian may refuse testing on the grounds
of religious beliefs, but shall acknowledge in writing their understanding that refusal for testing places
their newborn at risk for undiagnosed heritable conditions. A copy of this refusal documentation shall
be made part of the newborn’s medical record and refusal shall be indicated in the national newborn
screening database.
SECTION 8. Continuing Education, Re-Education and Training of Health Personnel. — The

DOH, with the assistance of the NIH and other government agencies, professional societies and non-
government Organizations shall: (i) conduct continuing information, education, re-education and
training programs for health personnel on the rationale, benefits, procedures of newborn screening;
and (ii) disseminate information materials on newborn screening at least annually to all health personnel
involved in material and pediatric care.
SECTION 9. Licensing and Accreditation. — The DOH and the Philippine Health Insurance
Corporation (PHIC) shall require health institutions to provide newborn screening services as a condition
for licensure or accreditation.
ARTICLE 4
Implementation
SECTION 10. Lead Agency. — The DOH shall be the lead agency in implementing this Act. For
purposes of achieving the objectives of this Act, the DOH shall:
1) Establish the Advisory Committee on Newborn Screening;
2) Develop the implementing rules and regulations for the immediate implementation of
a nationwide newborn screening program within one hundred eighty (180) days
from the enactment of this Act;
3) Coordinate with the Department of the Interior and Local Government (DILG) for
implementation of the newborn screening program;
4) Coordinate with the NIH Newborn Screening Reference Center for the accreditation
of Newborn Screening Centers and preparation of defined testing protocols and
quality assurance programs.
SECTION 11. Advisory Committee on Newborn Screening. — To ensure sustained inter-agency

collaboration, the Advisory Committee on Newborn Screening is hereby created and made an integral
part of the Office of the Secretary of the DOH. The Committee shall review annually and recommend
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conditions to be included in the newborn screening panel of disorders; review and recommend the
newborn screening fee to be charged by Newborn Screening Centers; review the report of the
Newborn Screening Reference Center on the quality assurance of the Newborn Screening Centers and
recommend corrective measures as deemed necessary.
The Committee shall be composed of eight (8) members including the Secretary of Health who
shall act as Chairperson. The other members of the Committee shall be as follows: (i) the Executive
Director of the NIH who shall as Vice Chairperson; (ii) an Undersecretary of the DILG; (iii) the Executive
Director of the Council for the Welfare of Children; (iv) the Director of the Newborn Screening
Reference Center; and (v) three (3) representatives appointed by the Secretary of Health who shall be
a pediatrician, obstetrician, endocrinologist, family physician, nurse or midwife, from either the public
or private sector. The three (3) representatives shall be appointed for a term of three (3)-years, subject
to their being reappointed for additional three (3)-year periods for each extension.
The Committee shall meet at least twice a year. The NIH shall serve as the Secretariat of the
Committee.
SECTION 12. Establishment and Accreditation of Newborn Screening Centers. — The DOH
shall ensure that Newborn Screening Centers are strategically located in order to be accessible to the
relevant public and provide services that comply with the standards approved by the Committee upon
the recommendation of the NIH. No newborn Screening Center shall be allowed to operate unless it has
been duly accredited by the DOH based on the standards set forth by the Committee. At a minimum,
every Newborn Screening Center shall: (i) have a certified laboratory performing all tests included in
the newborn screening program, (ii) have a recall/follow up programs for infants found positive of any
and all of the heritable conditions; (iii) be supervised and staffed by trained personnel who have been
duly qualified by the NIH; and (iv) submit to periodic announced or unannounced inspections, by the
Reference Center in order to evaluate and ensure quality Newborn Screening Center performance.
SECTION 13. Establishment of a Newborn Screening Reference Center. — The NIH shall establish
a Newborn Screening Reference Center, which shall be responsible for the national testing database
and case registries, training, technical assistance and continuing education for laboratory staff in all
Newborn Screening Centers.
SECTION 14. Quality Assistance. — The NIH Newborn Screening Reference Center shall be
responsible for drafting and ensuring good laboratory practice standards for newborn screening
centers, including establishing an external laboratory proficiency testing and certification program.
It shall also act as the principal repository of technical information relating to newborn screening
standards and practices, and shall provide technical assistance to newborn screening centers needing
such assistance.
SECTION 15. Database. — All Newborn Screening Centers shall coordinate with the NIH
Newborn Screening Reference Center for consolidation of patient databases. The NIH Newborn
Screening Reference Center shall maintain a national database of patients tested and a registry for
each condition. It shall submit reports annually to the Committee and to the DOH on the status of and
relevant health information derived from the database. A plan for long-term outcome evaluation of
newborn screening utilizing the cases registries shall be developed within one (1) year of passage of
this Act by the NIH Newborn Screening Reference Center in consultation with the Advisory Committee
on Newborn Screening. Implementation of this plan shall become a responsibility of the Advisory
Committee of Newborn Screening.
SECTION 16. Newborn Screening Fees. — The PHIC shall include cost of newborn screening
in its benefits package. The newborn screening fee shall be applied to, among others, testing costs,
education, sample transport, follow-up and reasonable overhead expenses.
To ensure sustainability of the National System for Newborn Screening, the newborn screening
fee shall be divided and set aside for the following purposes: at least four percent (4%) to the DOH’s
Center for Health Development or its future equivalent to be spent solely for follow-up services,
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education and other activities directly related to the provision of newborn screening services; at least
four percent (4%) to the Newborn Screening Centers for human resource development and equipment
maintenance and upgrading; at least four percent (4%) to the NIH Newborn Screening Centers for
overall supervision, training and continuing education, maintenance of national database, quality
assurance program and monitoring of the national program; and the balance for the operational and
other expenses of the Newborn Screening Center.
ARTICLE 5
Final Provisions
SECTION 17. Repealing Clause. — All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any parts thereof, which are inconsistent with this Act
are hereby repealed or modified accordingly.
SECTION 18. Separability. — If, for any reason or reasons, any part of provisions of this Act shall be
declared or held to be unconstitutional or invalid, other procession or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
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Title of Law: An Act Defining Violence Against Women And Their Children, Providing For
Protective Measures For Victims, Prescribing Penalties Therefore, And For Other Purposes
Short Title: Anti-Violence Against Women and Their Children Act of 2004
Amended by: N/A

Implementing Rules and Regulation: The Rules and Regulations Implementing the
Anti-Violence Against Women and Their Children Act of 2004 (September 21, 2004)
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the “Anti-Violence Against Women and
Their Children Act of 2004”.
SECTION 2. Declaration of Policy. — It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also recognizes the need
to protect the family and its members particularly women and children, from violence and threats to
their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women
and children in keeping with the fundamental freedoms guaranteed under the Constitution and the
provisions of the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms
of Discrimination Against Women, Convention on the Rights of the Child and other international human
rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms. — As used in this Act, (a) “Violence against women and their
children” refers to any act or a series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship,
or with whom he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
A. “Physical violence” refers to acts that include bodily or physical harm;
B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or
her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as

a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim’s body, forcing her/him to watch
obscene publications and indecent shows or forcing the woman or her child to
do indecent acts and/or make films thereof, forcing the wife and mistress/lover
to live in the conjugal home or sleep together in the same room with the abuser;
403
b) acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm
or coercion;
c) Prostituting the woman or her child.
C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. It includes causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.
D. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victim’s own money or properties or solely controlling the conjugal
money or properties.
(b) “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting
to physical and psychological or emotional distress.
(c) “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
(d) “Stalking” refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under surveillance
directly or indirectly or a combination thereof.
(e) “Dating relationship” refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary socialization between two individuals
in a business or social context is not a dating relationship.
(f) “Sexual relations” refers to a single sexual act which may or may not result in the bearing of
a common child.
(g) “Safe Place or Shelter” refers to any home or institution maintained or managed by
the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.
(h) “Children” refer to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
SECTION 4. Construction. — This Act shall be liberally construed to promote the protection and
safety of victims of violence against women and their children.
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SECTION 5. Acts of Violence Against Women and Their Children. — The crime of violence against
women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or to desist from conduct which the
woman or her child has the right to engage in, or attempting to restrict or restricting the
woman’s or her child’s freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the woman’s or her
child’s movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody or
access to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman’s children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim’s own money or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children or denial of access to the woman’s child/
children.
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SECTION 6. Penalties. — The crime of violence against women and their children, under SECTION
5 hereof shall be punished according to the following rules:
(a) Acts falling under SECTION 5(a) constituting attempted, frustrated or consummated parricide
or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code;
those constituting serious physical injuries shall have the penalty of prision mayor; those constituting
less serious physical injuries shall be punished by prision correccional; and those constituting slight
physical injuries shall be punished by arresto mayor.
Acts falling under SECTION 5(b) shall be punished by imprisonment of two (2) degrees lower
than the prescribed penalty for the consummated crime as specified in the preceding paragraph but
shall in no case be lower than arresto mayor.
(b) Acts falling under SECTION 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under SECTION 5(e) shall be punished by prision correccional;
(d) Acts falling under SECTION 5(f) shall be punished by arresto mayor;
(e) Acts falling under SECTION 5(g) shall be punished by prision mayor;
(f) Acts falling under SECTION 5(h) and SECTION 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of
her child, the penalty to be applied shall be the maximum period of penalty prescribed in the SECTION.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos
(P300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall
report compliance to the court.
SECTION 7. Venue. — The Regional Trial Court designated as a Family Court shall have original
and exclusive jurisdiction over cases of violence against women and their children under this law. In
the absence of such court in the place where the offense was committed, the case shall be filed in
the Regional Trial Court where the crime or any of its elements was committed at the option of the
complainant.
SECTION 8. Protection Orders. — A protection order is an order issued under this Act for the
purpose of preventing further acts of violence against a woman or her child specified in SECTION 5 of
this Act and granting other necessary relief. The relief granted under a protection order should serve
the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s
daily life, and facilitating the opportunity and ability of the victim to independently regain control
over her life. The provisions of the protection order shall be enforced by law enforcement agencies.
The protection orders that may be issued under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order (PPO). The protection orders that
may be issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or

through another, any of the acts mentioned in SECTION 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless
of ownership of the residence, either temporarily for the purpose of protecting the
petitioner, or permanently where no property rights are violated, and, if respondent must
remove personal effects from the residence, the court shall direct a law enforcement
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agent to accompany the respondent to the residence, remain there until respondent
has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and any designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential
personal effects, or to supervise the petitioner’s or respondent’s removal of personal
belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be withheld regularly by the
respondent’s employer for the same to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the remittance of support to the woman
and/or her child without justifiable cause shall render the respondent or his employer
liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon
and order him to surrender the same to the court for appropriate disposition by the
court, including revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on the matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner temporary shelter and
other social services that the petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide
for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such
relief.
Any of the reliefs provided under this SECTION shall be granted even in the absence of a decree
of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may File Petition for Protection Orders. — A petition for protection order may
be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity
or affinity;
407
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children’s desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) at least two (2) concerned responsible citizens of the city or municipality where the violence
against women and their children occurred and who has personal knowledge of the
offense committed.
SECTION 10. Where to Apply for a Protection Order. — Applications for BPOs shall follow
the rules on venue under SECTION 409 of the Local Government Code of 1991 and its implementing rules
and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan
trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence of
the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. — The application for a protection order must
be in writing, signed and verified under oath by the applicant. It may be filed as an independent action
or as an incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application form, written in English with
translation to the major local languages, shall be made available to facilitate applications for protection
orders, and shall contain, among others, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in SECTION 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court.
If the applicant is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances
of consent given by the victim for the filing of the application. When disclosure of the address of the
victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant
shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction,
and shall provide a mailing address for purposes of service processing.
An application for protection order filed with a court shall be considered an application for both
a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application.
Law enforcement agents shall also extend assistance in the application for protection orders in cases
brought to their attention.
SECTION 12. Enforceability of Protection Orders. — All TPOs and PPOs issued under this Act
shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a
fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
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SECTION 13. Legal Representation of Petitioners for a Protection Order. — If the woman or her
child requests in the application for a protection order for the appointment of counsel because of lack
of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney’s
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the
applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation
of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the
applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the
petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. — Barangay
Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering
the perpetrator to desist from committing acts under SECTION 5(a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection order to the applicant
on the date of filing after ex parte determination of the basis of the application. If the Punong
Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by
any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad, the order must be
accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable
at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after
the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a
copy of the same on the respondent, or direct any barangay official to effect its personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before

the Punong Barangay.
SECTION 15. Temporary Protection Orders. — Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex parte determination
that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned
in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance
of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate
personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of
law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the
merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. — Permanent Protection Order (PPO) refers to
protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits
of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the
PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In
case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of
the evidence by the applicant and render judgment on the basis of the evidence presented. The court
shall allow the introduction of any history of abusive conduct of a respondent even if the same was not
directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a
PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO
issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty
(30) days at each particular time until final judgment is issued. The extended or renewed TPO may be
modified by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in SECTION 8 hereof in a PPO. A
PPO shall be effective until revoked by a court upon application of the person in whose favor the order
was issued. The court shall ensure immediate personal service of the PPO on respondent.
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The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether
or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. — The following statement must be printed
in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:
“Violation of this order is punishable by law.”
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders. — Failure to
act on an application for a protection order within the reglementary period specified in the previous
SECTIONs without justifiable cause shall render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. — In cases of legal separation, where violence as specified
in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The hearing on any application for a protection
order filed by the petitioner must be conducted within the mandatory period specified in this Act.
SECTION 20. Priority of Applications for a Protection Order. — Ex parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall have priority
over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all other business and, if necessary, suspend
other proceedings in order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. — A complaint for a violation of a BPO issued under
this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit
trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall
be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.
A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial
and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary
without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of
court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil
action that the offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. — The foregoing provisions
on protection orders shall be applicable in criminal cases and/or shall be included in the civil actions
deemed impliedly instituted with the criminal actions involving violence against women and their
children.
SECTION 23. Bond to Keep the Peace. — The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall
undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which
shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under
SECTION 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under SECTION 5(g) to
5(i).
The protection orders referred to in this SECTION are the TPOs and the PPOs issued only by
the courts.
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SECTION 24. Prescriptive Period. — Acts falling under SECTIONs 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under SECTIONs 5(g) to 5(i) shall prescribe in ten (10) years.
SECTION 25. Public Crime. — Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. — Victim-survivors who are found by
the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/psychologists.
SECTION 27. Prohibited Defense. — Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. — The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old or older but with mental
or physical disabilities shall automatically be given to the mother, with right to support, unless the court
finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of a
woman who is suffering from Battered Woman Syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. — Prosecutors and court personnel should
observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. — Barangay officials and law
enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim
by entering the dwelling if necessary whether or not a protection order has been issued
and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongings from the house;
(e) assist the barangay officials and other government officers and employees who respond to
a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or by the
courts;
(g) arrest the suspected perpetrator even without a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the
victim as defined in this Act; and
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(h) immediately report the call for assessment or assistance of the DSWD, Social Welfare
Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.
SECTION 31. Healthcare Provider Response to Abuse. — Any healthcare provider, including, but
not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor
who suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim’s physical, emotional or psychological injuries;
(b) properly record any of victim’s suspicions, observations and circumstances of the examination
or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost;
and
(e) provide the victim immediate and adequate notice of rights and remedies provided under
this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs. — Other government agencies
and LGUs shall establish programs such as, but not limited to, education and information campaign and
seminars or symposia on the nature, causes, incidence and consequences of such violence particularly
towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGUs to ensure the sustained
education and training of their officers and personnel on the prevention of violence against women and
their children under the Act.
SECTION 33. Prohibited Acts. — A Punong Barangay, Barangay Kagawad or the court hearing
an application for a protection order shall not order, direct, force or in any way unduly influence the
applicant for a protection order to compromise or abandon any of the reliefs sought in the application
for protection under this Act. SECTION 7 of the Family Courts Act of 1997 and SECTIONs 410, 411, 412
and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought
under this Act.
Failure to comply with this SECTION shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. — In every case of violence against
women and their children as herein defined, any person, private individual or police authority or
barangay official who, acting in accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal,
civil or administrative liability resulting therefrom.
SECTION 35. Rights of Victims. — In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance from the PAO of the Department of Justice (DOJ) or any public
legal assistance office;
(c) to be entitled to support services from the DSWD and LGUs;
412
(d) to be entitled to all legal remedies and support as provided for under the Family Code; and
(e) to be informed of their rights and the services available to them including their right to apply
for a protection order.
SECTION 36. Damages. — Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. — The court shall expedite the process of issuance of a
hold departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. — If the victim is an
indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an
application for a protection order, the court shall accept the application without payment of the filing
fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-
VAWC). — In pursuance of the abovementioned policy, there is hereby established an Inter-Agency
Council on Violence Against Women and their Children, hereinafter known as the Council, which shall
be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human Rights (CHR);
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to the
needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a
rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council
meetings in their behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. — The DSWD, and LGUs shall
provide the victims temporary shelters, provide counseling, psycho-social services and/or, recovery,
rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
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SECTION 41. Counseling and Treatment of Offenders. — The DSWD shall provide rehabilitative
counseling and treatment to perpetrators towards learning constructive ways of coping with anger and
emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the
Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their
Children Cases. — All agencies involved in responding to violence against women and their children
cases shall be required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their
children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and
e. techniques for handling incidents of violence against women and their children that minimize
the likelihood of injury to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGUs, shall establish an education and training program for police
officers and barangay officials to enable them to properly handle cases of violence against women and
their children.
SECTION 43. Entitlement to Leave. — Victims under this Act shall be entitled to take a paid
leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this SECTION shall be penalized
in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise,
an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act
shall likewise be liable for discrimination.
SECTION 44. Confidentiality. — All records pertaining to cases of violence against women and
their children including those in the barangay shall be confidential and all public officers and employees
and public or private clinics and hospitals shall respect the right to privacy of the victim. Whoever
publishes or causes to be published, in any format, the name, address, telephone number, school,
business address, employer, or other identifying information of a victim or an immediate family member,
without the latter’s consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and
a fine of not more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding. — The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGUs shall be used
to implement services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. — Within six (6) months from the approval
of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules
and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application. — For purposes of this Act, the Revised Penal Code and
other applicable laws, shall have suppletory application.
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SECTION 48. Separability Clause. — If any SECTION or provision of this Act is held unconstitutional
or invalid, the other SECTIONs or provisions shall not be affected.
SECTION 49. Repealing Clause. — All laws, presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 50. Effectivity. — This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.
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Title of Law: An Act Allowing Illegitimate Children To Use The Surname Of Their Father, Amend-
ing For The Purpose Article 176 Of Executive Order No. 209, Otherwise Known As The “Family
Code Of The Philippines”
Short Title: N/A


Amended by: N/A
Implementing Rules and Regulation: Revised Implementing Rules and Regulations of Republic
Act No. 9255, PSA Administrative Order No. 01-16 (March 22, 2016)
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING
FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE
“FAMILY CODE OF THE PHILIPPINES”
SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the
Philippines, is hereby amended to read as follows:
“Article 176. Illegitimate children shall use the surname and shall be under
the parental authority of their mother, and shall be entitled to support in conformity
with this Code. However, illegitimate children may use the surname of their father if
their filiation has been expressly recognized by the father through the record of birth
appearing in the civil register, or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the father has the right to
institute an action before the regular courts to prove non-filiation during his lifetime. The
legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate
child.”
SECTION 2. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations,
rules and regulations, which are inconsistent with the provisions of this Act are hereby repealed or
SECTION 3. Effectivity Clause. — This Act shall take effect fifteen (15) days from its publication
in the Official Gazette or in two (2) newspapers of general circulation.
416
Title of Law: An Act Providing For The Elimination Of The Worst Forms Of Child Labor And
Affording Stronger Protection For The Working Child, Amending For This Purpose Repub-
lic Act No. 7610, As Amended, Otherwise Known As The “Special Protection Of Children
Against Child Abuse, Exploitation And Discrimination”
Short Title: N/A

Amended by: N/A
9231 Amending R.A. 7610, as Amended, DOLE Department Order No. 065-04 (July 26, 2004)
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND
AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE
REPUBLIC ACT NO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE “SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT”
SECTION 1. SECTION 2 of Republic Act No. 7610, as amended, otherwise known as the “Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, is hereby amended
to read as follows:
“SEC. 2. Declaration of State Policy and Principles. — It is hereby declared to

be the policy of the State to provide special protection to children from all forms of
abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial
to their development including child labor and its worst forms; provide sanctions for
their commission and carry out a program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person having care
or custody of the child fails or is unable to protect the child against abuse, exploitation
and discrimination or when such acts against the child are committed by the said parent,
guardian, teacher or person having care and custody of the same.
“It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival and
normal development and over which they have no control.
“The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies, consistent with the
principle of First Call for Children as enunciated in the United Nations Convention on the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.”
SECTION 2. SECTION 12 of the same Act, as amended, is hereby further amended to read as
follows:
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“SEC. 12. Employment of Children. — Children below fifteen (15) years of age shall
not be employed except:
“1) When a child works directly under the sole responsibility of his/her parents
or legal guardian and where only members of his/her family are employed: Provided,
however, That his/her employment neither endangers his/her life, safety, health, and
morals, nor impairs his/her normal development: Provided, further, That the parent or
legal guardian shall provide the said child with the prescribed primary and/or secondary
education; or
“2) Where a child’s employment or participation in public entertainment or

information through cinema, theater, radio, television or other forms of media is
essential: Provided, That the employment contract is concluded by the child’s parents
or legal guardian, with the express agreement of the child concerned, if possible, and
the approval of the Department of Labor and Employment: Provided, further, That the
following requirements in all instances are strictly complied with:
“(a) The employer shall ensure the protection, health, safety, morals and normal
development of the child;
“(b) The employer shall institute measures to prevent the child’s exploitation
or discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
“(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skills
acquisition of the child.
“In the above-exceptional cases where any such child may be employed,
the employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the above
requirements.
“For purposes of this Article, the term “child” shall apply to all persons under
eighteen (18) years of age.”
SECTION 3. The same Act, as amended, is hereby further amended by adding new SECTIONs
to be denominated as SECTIONs 12-A, 12-B, 12-C, and 12-D to read as follows:
“SEC. 12-A. Hours of Work of a Working Child. — Under the exceptions provided
in SECTION 12 of this Act, as amended:
“(1) A child below fifteen (15) years of age may be allowed to

work for not more than twenty (20) hours a week: Provided, That the
work shall not be more than four (4) hours at any given day;
“(2) A child fifteen (15) years of age but below eighteen (18) shall
not be allowed to work for more than eight (8) hours a day, and in no
case beyond forty (40) hours a week;
“(3) No child below fifteen (15) years of age shall be allowed to

work between eight o’clock in the evening and six o’clock in the morning
of the following day and no child fifteen (15) years of age but below
eighteen (18) shall be allowed to work between ten o’clock in the evening
and six o’clock in the morning of the following day.”
“SEC. 12-B. Ownership, Usage and Administration of the Working Child’s Income.
— The wages, salaries, earnings and other income of the working child shall belong to
418
him/her in ownership and shall be set aside primarily for his/her support, education or
skills acquisition and secondarily to the collective needs of the family: Provided, That not
more than twenty percent (20%) of the child’s income may be used for the collective
needs of the family.
“The income of the working child and/or the property acquired through the
work of the child shall be administered by both parents. In the absence or incapacity of
either of the parents, the other parent shall administer the same. In case both parents
are absent or incapacitated, the order of preference on parental authority as provided
for under the Family Code shall apply.
“SEC. 12-C. Trust Fund to Preserve Part of the Working Child’s Income. — The
parent or legal guardian of a working child below eighteen (18) years of age shall set up a
trust fund for at least thirty percent (30%) of the earnings of the child whose wages and
salaries from work and other income amount to at least two hundred thousand pesos
(P200,000.00) annually, for which he/she shall render a semi-annual accounting of the
fund to the Department of Labor and Employment, in compliance with the provisions
of this Act. The child shall have full control over the trust fund upon reaching the age of
majority.
“SEC. 12-D. Prohibition Against Worst Forms of Child Labor. — No child shall be
engaged in the worst forms of child labor. The phrase “worst forms of child labor” shall
refer to any of the following:
“(1) All forms of slavery, as defined under the “Anti-trafficking

in Persons Act of 2003”, or practices similar to slavery such as sale
and trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed
conflict; or
“(2) The use, procuring, offering or exposing of a child for

prostitution, for the production of pornography or for pornographic
performances; or
“(3) The use, procuring or offering of a child for illegal or illicit

activities, including the production and trafficking of dangerous drugs
and volatile substances prohibited under existing laws; or
“(4) Work which, by its nature or the circumstances in which it is

carried out, is hazardous or likely to be harmful to the health, safety or
morals of children, such that it:
“a) Debases, degrades or demeans the intrinsic worth and dignity

of a child as a human being; or
“b) Exposes the child to physical, emotional or sexual abuse, or is

found to be highly stressful psychologically or may prejudice morals; or
“c) Is performed underground, underwater or at dangerous

heights; or
“d) Involves the use of dangerous machinery, equipment and

tools such as power-driven or explosive power-actuated tools; or
“e) Exposes the child to physical danger such as, but not limited
to the dangerous feats of balancing, physical strength or contortion, or
which requires the manual transport of heavy loads; or
419
“f) Is performed in an unhealthy environment exposing the child
to hazardous working conditions, elements, substances, co-agents
or processes involving ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme temperatures, noise
levels, or vibrations; or
“g) Is performed under particularly difficult conditions; or
“h) Exposes the child to biological agents such as bacteria, fungi,

viruses, protozoans, nematodes and other parasites; or
“i) Involves the manufacture or handling of explosives and other

pyrotechnic products.”
“SEC. 13. Access to Education and Training for Working Children. — “a) No child
shall be deprived of formal or non-formal education. In all cases of employment allowed
in this Act, the employer shall provide a working child with access to at least primary
and secondary education.
“b) To ensure and guarantee the access of the working child to education and
training, the Department of Education (DepEd) shall: (1) formulate, promulgate, and
implement relevant and effective course designs and educational programs; (2) conduct
the necessary training for the implementation of the appropriate curriculum for the
purpose; (3) ensure the availability of the needed educational facilities and materials;
and (4) conduct continuing research and development program for the necessary and
relevant alternative education of the working child.
“c) The DEPED shall promulgate a course design under its non-formal education
program aimed at promoting the intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or secondary education. Such
course design shall integrate the learning process deemed most effective under given
circumstances.”
“SEC. 14. Prohibition on the Employment of Children in Certain Advertisements.

— No child shall be employed as a model in any advertisement directly or indirectly
promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography.”
SECTION 6. SECTION 16 of the same Act, is hereby amended to read as follows:
“SEC. 16. Penal Provisions. —
“a) Any employer who violates SECTIONs 12, 12-A, and SECTION 14 of this Act,
as amended, shall be penalized by imprisonment of six (6) months and one (1) day to six
(6) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than
Three hundred thousand pesos (P300,000.00) or both at the discretion of the court.
“b) Any person who violates the provision of SECTION 12-D of this Act or the
employer of the subcontractor who employs, or the one who facilitates the employment
of a child in hazardous work, shall suffer the penalty of a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00),
or imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years,
or both such fine and imprisonment at the discretion of the court.
420
“c) Any person who violates SECTIONs 12-D(1) and 12-D(2) shall be prosecuted
and penalized in accordance with the penalty provided for by R.A. 9208 otherwise
known as the “Anti-trafficking in Persons Act of 2003”: Provided, That such penalty
shall be imposed in its maximum period.
“d) Any person who violates SECTION 12-D(3) shall be prosecuted and penalized
in accordance with R.A. 9165, otherwise known as the “Comprehensive Dangerous Drugs
Act of 2002”: Provided, That such penalty shall be imposed in its maximum period.
“e) If a corporation commits any of the violations aforecited, the board of

directors/trustees and officers, which include the president, treasurer and secretary
of the said corporation who participated in or knowingly allowed the violation, shall be
penalized accordingly as provided for under this SECTION.
“f) Parents, biological or by legal fiction, and legal guardians found to be

violating SECTIONs 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than
Ten thousand pesos (P10,000.00) but not more than One hundred thousand pesos
(P100,000.00), or be required to render community service for not less than thirty
(30) days but not more than one (1) year, or both such fine and community service at
the discretion of the court: Provided, That the maximum length of community service
shall be imposed on parents or legal guardians who have violated the provisions of this
Act three (3) times: Provided, further, That in addition to the community service, the
penalty of imprisonment of thirty (30) days but not more than one (1) year or both at
the discretion of the court, shall be imposed on the parents or legal guardians who have
violated the provisions of this Act more than three (3) times.
“g) The Secretary of Labor and Employment or his/her duly authorized

representative may, after due notice and hearing, order the closure of any business
firm or establishment found to have violated any of the provisions of this Act more
than three (3) times. He/she shall likewise order the immediate closure of such firm or
establishment if:
“(1) The violation of any provision of this Act has resulted in the
death, insanity or serious physical injury of a child employed in such
establishment; or
“(2) Such firm or establishment is engaged or employed in

prostitution or in obscene or lewd shows.
“h) In case of such closure, the employer shall be required to pay the employee(s)
the separation pay and other monetary benefits provided for by law.”
SECTION 7. The same Act is hereby further amended by adding a new SECTION to be
denominated as SECTION 16-A, to read as follows:
“SEC. 16-A. Trust Fund from Fines and Penalties. — The fine imposed by the
court shall be treated as a Trust Fund, administered by the Department of Labor and
Employment and disbursed exclusively for the needs, including the costs of rehabilitation
and reintegration into the mainstream of society of the working children who are victims
of the violations of this Act, and for the programs and projects that will prevent acts of
child labor.”
“SEC. 27. Who May File a Complaint. — Complaints on cases of unlawful acts
committed against children as enumerated herein may be filed by the following:
421
“(a) Offended party;
“(b) Parents or guardians;
“(c) Ascendant or collateral relative within the third degree of

consanguinity;
“(d) Officer, social worker or representative of a licensed child-

caring institution;
“(e) Officer or social worker of the Department of Social Welfare

and Development;
“(f) Barangay chairman of the place where the violation occurred,

where the child is residing or employed; or
“(g) At least three (3) concerned, responsible citizens where the

violation occurred.”
SECTION 9. The same Act is hereby further amended by adding new SECTIONs to SECTION 16
to be denominated as SECTIONs 16-A, 16-B and 16-C to read as follows:
“SEC. 16-A. Jurisdiction. — The family courts shall have original jurisdiction over all
cases involving offenses punishable under this Act: Provided, That in cities or provinces
where there are no family courts yet, the regional trial courts and the municipal trial
courts shall have concurrent jurisdiction depending on the penalties prescribed for the
offense charged.
“The preliminary investigation of cases filed under this Act shall be terminated
within a period of thirty (30) days from the date of filing.
“If the preliminary investigation establishes a prima facie case, then the
corresponding information shall be filed in court within forty eight (48) hours from the
termination of the investigation.
“Trial of cases under this Act shall be terminated by the court not later than
ninety (90) days from the date of filing of information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of the case.
“SEC. 16-B. Exemptions from Filing Fees. — When the victim of child labor institutes
a separate civil action for the recovery of civil damages, he/she shall be exempt from
payment of filing fees.
“SEC. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services. —

The working child shall have the right to free legal, medical and psycho-social services
to be provided by the State.”
SECTION 10. Implementing Rules and Regulations. — The Secretary of Labor and Employment,
in coordination with the Committees on Labor and Employment of both Houses of Congress, shall
issue the necessary Implementing Rules and Regulations (IRR) to effectively implement the provisions
of this Act, in consultation with concerned public and private sectors, within sixty (60) days from the
Such rules and regulations shall take effect upon their publication in two (2) national newspapers
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SECTION 11. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional,
the validity of the remaining provisions hereof shall remain in full force and effect.
SECTION 12. Repealing Clause. — All laws, decrees, or rules inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
SECTION 13. Effectivity. — This Act shall take effect fifteen (15) days from the date of its complete
publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
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Title of Law: An Act Regulating The Packaging, Use, Sale Distribution And Advertisements Of
Tobacco Products And For Other Purposes
Short Title: Tobacco Regulation Act of 2003

Amended by: N/A
9211, Otherwise Known as the Tobacco Regulation Act of 2003, IAC Memorandum Circular No.
1-04 (February 26, 2004)
AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF

TOBACCO PRODUCTS AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the Tobacco Regulation Act of 2003.
SECTION 2. Policy. — It is the policy of the State to protect the populace from hazardous products
and promote the right to health and instill health consciousness among them. It is also the policy of the
State, consistent with the Constitutional ideal to promote the general welfare, to safeguard the interests
of the workers and other stakeholders in the tobacco industry. For these purposes, the government
shall institute a balanced policy whereby the use, sale and advertisements of tobacco products shall
be regulated in order to promote a healthful environment and protect the citizens from the hazards of
tobacco smoke, and at the same time ensure that the interests of tobacco farmers, growers, workers
and stakeholders are not adversely compromised.
SECTION 3. Purpose. — It is the main thrust of this Act to:
a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting
the sale of tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to
prevent economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation

of the provisions of this Act.
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a. “Advertisement” — refers to any visual and/or audible message disseminated to the public
about or on a particular product that promote and give publicity by words, designs, images or any
other means through broadcast, electronic, print or whatever form of mass media, including outdoor
advertisements, such as but not limited to signs and billboards. For the purpose of this Act, advertisement
shall be understood as tobacco advertisement.
b. “Advertising” — refers to the business of conceptualizing, presenting, making available and

communicating to the public, through any form of mass media, any fact, data or information about the
attributes, features, quality or availability of consumer products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall
specifically refer to any messages and images promoting smoking; the purchase or use of cigarette
or tobacco products; and cigarette or tobacco trademarks, brand names, design and manufacturer’s
names;
c. “Advertiser” — refers to a person or entity on whose account or for whom an advertisement

is prepared and disseminated by the advertising agency, which is a service established and operated
for the purpose of counseling or creating and producing and/or implementing advertising programs in
various forms of media;
d. “Cigarette” — refers to any roll or tubular construction, which contains tobacco or its
derivatives and is intended to be burned or heated under ordinary conditions of use;
e. “Distributor” — refers to any person to whom a tobacco product is delivered or sold for
purposes of distribution in commerce, except that such term does not include a manufacturer or retailer
or common carrier of such product;
f. “Mass Media” — refers to any medium of communication designed to reach a mass of people.
For this purpose, mass media includes print media such as, but not limited to, newspapers, magazines,
and publications; broadcast media such as, but not limited to radio, television, cable television, and
cinema; electronic media such as but not limited to the internet;
g. “Minor” — refers to any person below eighteen (18) years old;
h. “Manufacturer” — refers to any person or entity, including a re-packer, who makes, fabricates,
assembles, processes, or labels a finished product;
i. “Package” — refers to packs, boxes, cartons or containers of any kind in which any tobacco
product is offered for sale to consumers;
j. “Person” — refers to an individual, partnership, corporation or any other business or legal

entity;
k. “Point-of-Sale” — refers to any location at which an individual can purchase or otherwise

obtain tobacco products;
l. “Promotion” — refers to an event or activity organized by or on behalf of a tobacco

manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event
or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer,
distributor or retailer. It may also refer to the display of a tobacco product or manufacturer’s name,
trademark, logo, etc. on non-tobacco products. This includes the paid use of tobacco products bearing
the brand names, trademarks, logos, etc. in movies, television and other forms of entertainment. For
the purpose of this Act, promotion shall be understood as tobacco promotion;
m. “Public Conveyances” — refer to modes of transportation servicing the general population,

such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits,
tricycles, and similar vehicles;
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n. “Public Places” — refer to enclosed or confined areas of all hospitals, medical clinics, schools,
public transportation terminals and offices, and buildings such as private and public offices, recreational
places, shopping malls, movie houses, hotels, restaurants, and the like;
o. “Retailer” — refers to any person who or entity that sells tobacco products to individuals for
personal consumption;
p. “Smoking” — refers to the act of carrying a lighted cigarette or other tobacco products,
whether or not it is being inhaled or smoked;
q. “Sponsorship” — refers to any public or private contribution to a third party in relation to an

event, team or activity made with the aim of promoting a brand of tobacco product, which event, team
or activity would still exist or occur without such contribution. For the purpose of this Act, sponsorship
shall be understood as tobacco sponsorship;
r. “Tobacco” — refers to agricultural components derived from the tobacco plant, which are
processed for use in the manufacturing of cigarettes and other tobacco products;
s. “Tobacco Product” — refers to any product that consists of loose tobacco that contains
nicotine and is intended for use in a cigarette, including any product containing tobacco and intended
for smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act pertaining to
cigarettes shall also apply to other tobacco products;
t. “Tobacco Grower” — refers to any person who plants tobacco before the enactment of this
Act and classified as such by the National Tobacco Administration (NTA); and
u. “Warning” — refers to the notice printed on the tobacco product or its container and/or
displayed in print or aired in broadcast or electronic media including outdoor advertising and which
shall bear information on the hazards of tobacco use.
Healthful Environment
SECTION 5. Smoking Ban in Public Places. — Smoking shall be absolutely prohibited in the
following public places:
a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high
schools, colleges and universities, youth hostels and recreational facilities for persons under eighteen
(18) years old;
b. Elevators and stairwells;
c. Locations in which fire hazards are present, including gas stations and storage areas for
flammable liquids, gas, explosives or combustible materials;
d. Within the buildings and premises of public and private hospitals, medical, dental, and optical
clinics, health centers, nursing homes, dispensaries and laboratories;
e. Public conveyances and public facilities including airport and ship terminals and train and bus
stations, restaurants and conference halls, except for separate smoking areas; and
f. Food preparation areas.
SECTION 6. Designated Smoking and Non-smoking Areas. — In all enclosed places that are
open to the general public, private workplaces and other places not covered under the preceding
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SECTION, where smoking may expose a person other than the smoker to tobacco smoke, the owner,
proprietor, operator, possessor, manager or administrator of such places shall establish smoking and
non-smoking areas. Such areas may include a designated smoking area within the building, which may
be in an open space or separate area with proper ventilation, but shall not be located within the same
room that has been designated as a non-smoking area.
All designated smoking areas shall have at least one (1) legible and visible sign posted, namely
“SMOKING AREA” for the information and guidance of all concerned. In addition, the sign or notice
posted shall include a warning about the health effects of direct or secondhand exposure to tobacco
smoke. Non-Smoking areas shall likewise have at least one (1) legible and visible sign, namely: “NON-
SMOKING AREA” or “NO SMOKING.”
Access Restrictions
SECTION 7. Vending Machines, Self-Service Facilities. — Unless the vending machine has a
mechanism for age verification, the sale or distribution of tobacco products to minors by means of
a vending machine or any self-service facility or similar contraption or device is prohibited, except at
point-of-sale establishments.
SECTION 8. Retailer Compliance with Respect to Self-Service Facilities. — Each retailer shall
ensure that all tobacco-related self-service displays or facilities, advertising, labeling and other items
that are located in the establishment of the retailer and that do not comply with the requirements of
this Act are removed or are brought into compliance with the requirements of this Act.
SECTION 9. Minimum Age Sales. — Under this Act, it shall be unlawful:
a. For any retailer of tobacco products to sell or distribute tobacco products to any minor;
b. For any person to purchase cigarettes or tobacco products from a minor;
c. For a minor to sell or buy cigarettes or any tobacco product; and
d. For a minor to smoke cigarettes or any other tobacco products.
It shall not be a defense for the person selling or distributing that he/she did not know or was
not aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had
any reason to believe that the cigarette or any other tobacco product was for the consumption of the
minor to whom it was sold.
SECTION 10. Sale of Tobacco Products Within School Perimeters. — The sale or distribution of
tobacco products is prohibited within one hundred (100) meters from any point of the perimeter of a
school, public playground or other facility frequented particularly by minors.
SECTION 11. Signage. — Point-of-Sale establishments offering, distributing or selling tobacco

products to consumers, shall post the following statement in a clear and conspicuous manner: “SALE/
DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS
UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS
UNDER 18 YEARS OF AGE.”
SECTION 12. Proof of Age Verification. — In case of doubt as to the age of the buyer, retailers
shall verify, by means of any valid form of photographic identification containing the date of birth of the
bearer, that no individual purchasing a tobacco product is below eighteen (18) years of age.
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Advertising and Promotions
SECTION 13. Warnings on Cigarette Packages. — Under this Act:
a. All packages in which tobacco products are provided to consumers withdrawn from the
manufacturing facility of all manufacturers or imported into the Philippines intended for sale to the
market, starting 1 January 2004, shall be printed, in either English or Filipino, on a rotating basis or
separately and simultaneously, the following health warnings:
“GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health;”
“GOVERNMENT WARNING: Cigarettes are Addictive;”
“GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children;” or
“GOVERNMENT WARNING: Smoking Kills.”
b. Upon effectivity of this Act until 30 June 2006, the health warning shall be located on one
side panel of every tobacco product package and occupy not less than fifty percent (50%) of such side
panel including any border or frame.
c. Beginning 1 July 2006, the health warning shall be located on the bottom portion of one (1)
front panel of every tobacco product package and occupy not less than thirty percent (30%) of such
front panel including any border or frame. The text of the warning shall appear in clearly legible type in
black text on a white background with a black border and in contrast by typography, layout or color to
the other printed matters on the package. The health warning shall occupy a total area of not less than
fifty percent (50%) of the total warning frame.
d. The warnings shall be rotated periodically, or separately and simultaneously printed, so that
within any twenty-four (24) month period, the four (4) variations of the warnings shall appear with
proportionate frequency.
e. The warning shall not be hidden or obscured by other printed information or images, or
printed in a location where tax or fiscal stamps are likely to be applied to the package or placed in a
location where it will be damaged when the package is opened. If the warning to be printed on the
package is likely to be obscured or obliterated by a wrapper on the package, the warning must be
printed on both the wrapper and the package.
f. In addition to the health warning, all packages of tobacco products that are provided to
consumers shall contain, on one side panel, the following statement in a clear, legible and conspicuous
manner: “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS.” The statement shall occupy an area
of not less than ten percent (10%) of such side panel and shall appear in contrast by color, typography
or layout with all the other printed material on the side panel.
g. No other printed warnings, except the health warning and the message required in this
SECTION, paragraph f. shall be placed on cigarette packages.
SECTION 14. Warnings in Advertising. — Under this Act:
a. All tobacco advertising in mass media shall contain either in English or Filipino, the following
health warning: “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health.”
b. For print and outdoor advertisements, the warning frame shall be centered across the
bottom of the advertisement and occupy a total area of not less than fifteen percent (15%) of such
advertisement including any border or frame. The health warning shall occupy a total area of not less
than fifty percent (50%) of the total warning frame. The text of the health warnings shall be clearly
visible and legible, printed in a prominent color as appropriate and shall appear in contrast by color,
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typography or layout with all other printed material in the advertisement. The warning shall not be
hidden or obscured by other printed information or images in the advertisement.
c. For television and cinema advertisements, the warning shall be clearly shown and voiced
over in the last five (5) seconds of the advertisement, regardless of the duration of the advertisement,
even when such advertisement is silent. The health warning shall occupy a total area of not less than
fifty percent (50%) of the television screen and shall be clearly visible, legible and audible, in black text
on white background or white text on black background. No other images except the warning shall be
included in the warning frame.
d. For radio advertisements, the warning stated after the advertisement shall be clearly and
audibly voiced over in the last five (5) seconds of the advertisement, regardless of its duration.
SECTION 15. Restrictions on Advertising. — The following restrictions shall apply to all tobacco
advertising:
a. Advertisements shall not be aimed at or particularly appeal to persons under eighteen (18)
years of age.
b. Advertisements shall not feature a celebrity or contain an endorsement, implied or express,

by a celebrity.
c. Advertisements shall not contain cartoon characters or subjects that depict humans or
animals with comically exaggerated features or that attribute human or unnatural characteristics to
animals, plants or other objects.
d. Advertisements shall only depict persons who are or who appear to be above twenty-five
(25) years of age.
e. Advertisements shall not show, portray or depict scenes where the actual use of, or the act
of using, puffing or lighting cigarettes or other tobacco products is presented to the public.
SECTION 16. Restrictions on Print Media Advertising. — The following restrictions shall apply to
all print media tobacco advertisements:
a. Advertisements shall not be placed in any printed publication unless there is a reasonable
basis to believe that at least seventy-five percent (75%) of the readers of such publication are eighteen
(18) years of age and above, and the number of youth who read it constitutes less than ten percent
(10%) of all youth in the Philippines.
b. Advertisements shall not be placed on the packaging or outside covers (front and back) of a
magazine, newspaper, journal or other publication printed for general circulation.
SECTION 17. Restrictions on Outdoor Advertising. — The following restrictions shall apply to all
outdoor tobacco advertisements:
a. Outdoor advertisements shall not be placed on billboards, wall murals, or transport stops or
stations which are within one hundred (100) meters from any point of the perimeter of a school, public
playground or other facility frequented particularly by persons below eighteen (18) years of age.
b. Outdoor advertisements shall not, either individually or when placed in deliberate combination
with other outdoor tobacco advertising, exceed seventy (70) square meters in total size.
c. Outdoor advertisements shall not be placed on taxis, buses, trains or other public conveyance
or in stations, terminals or platforms thereof, except point-of-sale establishments.
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SECTION 18. Restrictions on Advertising in Cinemas. — Tobacco advertisements are prohibited
in connection with the showing of any film where persons below eighteen (18) years old are permitted
admission.
SECTION 19. Restrictions on Television and Radio Advertising. — Advertisements shall not be
broadcast on television, cable television, and radio between seven o’clock in the morning and seven
o’clock at night.
SECTION 20. Restrictions on Advertising in Audio, Video and Computer Cassettes/Discs and
Similar Medium. — No electronic advertisements shall be incorporated within any video or audio cassette,
videogame machine, optical disc, or any similar medium, unless access to the item is restricted to
persons eighteen (18) years of age or older. For the purpose of this SECTION, video game includes any
electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry
and its own cathode ray tube, or is designed to be used with a television set or a monitor that interacts
with the user of the device.
SECTION 21. Restrictions on Advertising on the Internet and Similar Medium. — Advertisements
are prohibited on the Internet and other similar medium unless the Internet site is restricted to persons
eighteen (18) years of age or older. A site will be deemed restricted if a person cannot obtain access
beyond the first page of the website unless the person has established that he or she is at least eighteen
(18) years old. This limitation applies to commercial communications and shall not prevent the use of
company Internet websites to provide information regarding a company, its products and smoking and
health related information. This SECTION shall not prohibit business-to-business transactions conducted
on the Internet and other similar medium between tobacco manufacturers, retailers, and distributors.
SECTION 22. Ban on Advertisements. — Beginning 1 January 2007, all tobacco advertising on
television, cable television and radio shall be prohibited.
Beginning 1 July 2007, all cinema and outdoor advertising shall be prohibited. No leaflets,
posters and similar outdoor advertising materials may be posted, except inside the premises of point-
of-sale retail establishments.
Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be prohibited except
tobacco advertisements placed inside the premises of point-of-sale retail establishments.
SECTION 23. Restrictions on Tobacco Promotions. — The following restrictions shall apply on all
tobacco promotions:
a. Promotions must be directed only to persons at least eighteen (18) years old. No person
below eighteen (18) years old or who appear to be below eighteen (18) years old may participate in
such promotions. The participants in promotions must be required to provide proof of age.
b. Communications to consumers about tobacco promotions shall comply with the provisions of
this Act governing tobacco advertising. In addition to the required health warning, the age requirement
for participation in any promotion must be clearly marked on the program materials distributed to
consumers.
c. All stalls, booths, and other displays concerning tobacco promotions must be limited to point-
of-sale locations or adult-only facilities.
d. Telephone communications concerning promotional offers, programs or events must include

a recorded health warning message in English or Filipino consistent with the warnings specified in this
Act.
e. No placement shall be made by any manufacturer, distributor, or retailer of any tobacco

product or tobacco product package or advertisement as a prop in any television program or motion
picture produced for viewing by the general public or in a video, optical disc or on a video game
machine.
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f. The name, logo, or other indicia of a cigarette brand may appear on cigarette lighters,
ashtrays, or other smoking related items. If such name, logo, or other indicia of a cigarette brand is
larger than fifty (50) square centimeters, the item must carry a health warning consistent with the
warnings specified in this Act.
g. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors, backpacks,
sunglasses, writing implements and umbrellas, may be distributed, sold or offered, directly or indirectly,
with the name, logo or other indicia of a cigarette brand displayed so as to be visible to others when
worn or used. Clothing items must be in adult sizes only.
h. No name, logo, or other indicia of a cigarette brand or element of a brand-related marketing

activity, may appear on items that are marketed to or likely to be used by minors such as, but not
limited to, sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food.
The manufacturer or company must take all available measures to prevent third parties from using the
company’s brand names, logos, or other proprietary material on products that are directed toward
minors.
i. No tobacco advertisements may be placed on shopping bags.
SECTION 24. Naming Rights. — Subject to the provisions of this Act:
a. No manufacturer may enter into any agreement pursuant to which payment is made or other
consideration is provided by such manufacturer to any sports league, or any team involved in any such
league, in exchange for use of a tobacco product brand.
b. No manufacturer may enter into any agreement for the naming rights of any stadium or
arena using a tobacco product brand name or otherwise cause a stadium or arena to be named with
such a brand name.
SECTION 25. Restrictions on Sponsorships. — Beginning 1 July 2006:
a. No sponsorship shall be provided for:

1) an event or activity which bears a tobacco product brand name, unless there is
reasonable basis to believe that all persons who compete, or otherwise take an
active part, in the sponsored events or activities are persons eighteen (18) years
of age or older;
2) a team or an individual bearing a tobacco product name, unless all persons sponsored
are eighteen (18) years of age or older; or
3) a sponsored event or activity reasonably believed to be of particular appeal to
persons under eighteen (18) years old.
b. Tobacco brand sponsorships shall be prohibited except where there is a reasonable basis to
believe that:
1) attendance at the sponsored event or activity will comprise no less than seventy-five
percent (75%) persons at least eighteen (18) years old;
2) the sponsored event or activity will not be of particular appeal to persons under
eighteen (18) years old;
3) the sponsored event or activity will not receive exposure, other than as a news item,
on television or radio or the Internet, unless such exposure complies with the
provisions of this Act governing tobacco marketing through those media; and
4) the principal activity associated with the sponsorship does not require above-average
physical fitness for someone of the age group of those taking part.
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c. All persons authorized to bear tobacco product advertisements, logos or brand names at
sponsored events shall be at least eighteen (18) years old.
d. All forms of advertising associated with or ancillary to sponsorship shall comply with the
marketing provisions of this Act.
SECTION 26. Ban on Sponsorships. — Beginning 1 July 2008, cigarette and tobacco companies
are hereby prohibited from sponsoring any sport, concert, cultural or art event, as well as individual and
team athletes, artists or performers where such sponsorship shall require or involve the advertisement
or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or
trademarks and other words, symbols, designs, colors or other depictions commonly associated with or
likely to identify a tobacco product: Provided, That the attribution only to the name of the company in
the roster of sponsors shall be allowed: Provided further, That no manufacturer may register a tobacco
brand name as a company name after the passage of this Act.
SECTION 27. Restrictions on Sampling. — The distribution of samples of tobacco products to

persons below eighteen (18) years old is prohibited.
SECTION 28. Legal Actions. — Any legal action in connection with the tobacco industry shall be
governed by the provisions of the Philippine Civil Code and other applicable laws.
Implementing Agency and Application
SECTION 29. Implementing Agency. — An Inter-Agency Committee — Tobacco (IAC-Tobacco),

which shall have the exclusive power and function to administer and implement the provisions of this
Act, is hereby created. The IAC-Tobacco shall be chaired by the Secretary of the Department of Trade
and Industry (DTI) with the Secretary of the Department of Health (DOH) as Vice Chairperson. The IAC-
Tobacco shall have the following as members:
a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ);
c. Secretary of the Department of Finance (DOF);
d. Secretary of the Department of Environment and Natural Resources (DENR);
e. Secretary of the Department of Science and Technology (DOST);
f. Secretary of the Department of Education (DepEd);
g. Administrator of the National Tobacco Administration (NTA);
h. A representative from the Tobacco Industry to be nominated by the legitimate and recognized
associations of the industry; and
i. A representative from a nongovernment organization (NGO) involved in public health promotion

nominated by DOH in consultation with the concerned NGOs;
The Department Secretaries may designate their Undersecretaries as their authorized

representatives to the IAC.
SECTION 30. Application to Tobacco Products. — The provisions of this Act shall apply to all
tobacco products placed into commerce in the Philippines. Except as provided below, no provision of
this Act shall apply to tobacco products intended or offered by the manufacturer for export and not
for [retail] sale in the Philippines.
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Tobacco products intended or offered for export shall be subject only to the requirement
that the shipping container shall be prominently marked on the outside “Export Only:” Provided, That,
tobacco products which are marked for export, but are sold/traded or distributed in the Philippine
market, shall be subject to immediate confiscation and destruction.
SECTION 31. Compliance Monitoring. — Not later than one (1) year after the date of the effectivity
of this Act, and annually thereafter, the IAC-Tobacco shall submit to the President of the Philippines and
to both Houses of Congress a Compliance Monitoring Report on the compliance of the manufacturers
on all applicable laws and ordinances with respect to the manufacture and distribution of tobacco
products.
The report shall contain pertinent information on the methods, goals and implementation
program of said manufacturers with respect to the requirements of this Act.
Penal Provisions
SECTION 32. Penalties. — The following penalties shall apply:
a. Violation of SECTIONs 5 and 6. — On the first offense, a fine of not less than Five hundred
pesos (Php500.00) but not more than One thousand pesos (Php1,000.00) shall be imposed.
On the second offense, a fine of not less than One thousand pesos (Php1,000.00) but not more
than Five thousand pesos (Php5,000.00) shall be imposed.
On the third offense, in addition to a fine of not less than Five thousand pesos (Php5,000.00)
but not more than Ten thousand pesos (Php10,000.00), the business permits and licenses to operate
shall be cancelled or revoked.
b. Violation of SECTIONs 7, 8, 9, 10, and 11. — On the first offense, any person or any business
entity or establishment selling to, distributing or purchasing a cigarette or any other tobacco products
for a minor shall be fined the amount of not less than Five thousand pesos (Php5,000.00) or an
imprisonment of not more than thirty (30) days, upon the discretion of the court. For succeeding
offenses, both penalties shall apply in addition to the revocation of business licenses or permits in the
case of a business entity or establishment.
If the violation is by an establishment of business entity, the owner, president, manager, or the
most senior officers thereof shall be held liable for the offense.
If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the
provisions of Article 189 of Presidential Decree No. 603 otherwise known as The Child and Youth Welfare
Code, as amended, shall apply.
c. Violation of SECTIONs 13 to 27. — On the first offense, a fine of not more than One hundred
thousand pesos (Php100,000.00) or imprisonment of not more than one (1) year, or both, at the
discretion of the court shall be imposed.
On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment
of not more than two (2) years, or both, at the discretion of the court shall be imposed.
On the third offense, in addition to a fine of not more than Four hundred thousand pesos
(Php400,000.00) or imprisonment of not more than three (3) years, or both, at the discretion of the
court, the business permits and licenses, in the case of a business entity or establishment, shall be
revoked or cancelled.
In the case of a business entity or establishment, the owner, president, manager or officials
thereof shall be liable.
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If the guilty officer is an alien, he shall summarily be deported after serving his sentence, and
shall be forever barred from re-entering the Philippines.
Programs and Projects
SECTION 33. Programs and Projects. — For a period not exceeding five (5) years, the National
Government and the concerned departments and agencies shall provide the following programs and
projects:
a. Tobacco Growers’ Assistance Program — This program shall be utilized to support financially
the tobacco farmers who may be displaced due to the implementation of this Act or has voluntarily
ceased to produce tobacco. To avail of this program, a beneficiary shall present convincing and
substantial evidence that:
1) He or she has been a tobacco farmer for the last three (3) years prior to January 1, 2004;
2) He or she belongs to the tobacco-producing provinces;
3) He or she has a certificate of eligibility to apply issued by the Local Government Unit
and the NTA; and
4) He or she has ceased to plant tobacco for the next preceding season after the enactment
of this Act.
b. Tobacco Growers’ Cooperative. — This program shall promote cooperative programs to

assist tobacco farmers in developing alternative farming systems, plant alternative crops and other
livelihood projects. The requirements of subsection a) shall likewise apply.
c. National Smoking Cessation Program. — A National Smoking Cessation Program shall be

undertaken with the approval of the IAC-Tobacco. The implementing rules and guidelines to reinforce
this program shall be submitted to the IAC-Tobacco by the Secretary of Health within three (3) months
after the effectivity of this Act.
d. Research and Development Program. — The IAC-Tobacco shall establish a research and
development program to be spearheaded by the NTA in cooperation with the DOST, which will
undertake studies concerning technologies and methods to reduce the risk of dependence and injury
from tobacco product usage and exposure, alternative uses of tobacco and similar research programs.
e. National Tobacco-Free Public Education Program. — State Universities and Colleges and
Technical and Vocational Schools shall provide scholarship programs for dependents of tobacco
growers for which the administrator of the NTA shall provide implementing rules and guidelines. The
guidelines shall be submitted to the IAC-Tobacco within three (3) months after the effectivity of this
Act.
f. Displaced Cigarette Factory Workers’ Assistance Program. — The Secretary of Labor and
Employment, with the concurrence of the IAC-Tobacco shall establish a program to assist displaced,
terminated/separated or retrenched cigarette factory workers as a result of the enactment of this Act.
The Secretary of Labor in coordination with the NTA and DTI shall provide the rules and guidelines to
effectuate this program and submit the same to the IAC-Tobacco within three (3) months after the
g. Health Programs. — The IAC-Tobacco, in consultation with the DOH, shall be responsible for
awarding grants to all medical institutions for the purpose of planning, carrying out, and evaluating
activities related to smoking-related illnesses. The IAC-Tobacco shall submit to Congress and the
President of the Philippines the annual report of expenditures related to this program.
h. Withdrawal Clinics. — The DOH shall establish smoking withdrawal clinics to provide counseling
regarding the hazardous health effects of tobacco/cigarette smoking and to rehabilitate smokers from
the hazardous effects of such products.
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If a smoker-minor voluntarily submits himself for treatment, counseling, or rehabilitation in a
smoking withdrawal clinic located in any medical institution in the Philippines, or through his parent/
guardian, the expenses incurred shall be a reimbursable outpatient service of the Philippine Health
Insurance Corporation.
Information Program
SECTION 34. Information Drive. — Consistent with the provisions of this Act, the DOH shall,
in cooperation with the DepEd and with the assistance of the Philippine Information Agency (PIA),
undertake a continuous information program on the harmful effects of smoking.
The DOH shall enlist the active participation of the public and private sectors in the national
effort to discourage the unhealthy habit of smoking.
SECTION 35. Instruction on the Hazardous Effect of Smoking as Part of School Curricula. —
Instruction on the adverse effects of cigarette/tobacco smoking, including their health, environmental
and economic implications, shall be integrated into the existing curricula of all public and private
elementary and high schools.
The DepEd Secretary shall promulgate such rules and regulations as may be necessary to carry
out the abovestated policy hereof, and, with the assistance of the Secretary of Health, and with the
approval of the IAC-Tobacco, shall cause the publication and distribution of materials on the unhealthy
effects of smoking to students and the general public.
SECTION 36. Congressional Oversight Committee on Tobacco. — A Congressional Oversight

Committee on Tobacco (COC-Tobacco) is hereby constituted which is mandated to monitor and review
the implementation of this Act for a period not exceeding three (3) years. The COC-Tobacco shall be
composed of the Chairpersons of the Senate Committees on Health, Trade and Commerce, Agriculture
and Public Information and the House of Representatives Committees on Trade and Industry, Health,
Public Information and Agriculture and a Member of the House of Representatives representing the
tobacco producing provinces, to be nominated by all the Members of the House of Representatives
from tobacco producing districts.
The Secretariat of the COC-Tobacco shall be drawn from the existing secretariat personnel of the
standing committees comprising the Congressional Oversight Committee and its funding requirements
shall be charged against the appropriations of both the House of Representatives and the Senate of
the Philippines.
SECTION 37. Implementing Rules. — The IAC-Tobacco shall promulgate such rules and regulations
necessary for the effective implementation of this Act within six (6) months from the date of publication
of this Act. The said rules and regulations shall be submitted to the COC-Tobacco for its review. The
COC-Tobacco shall approve the implementing rules and regulations within thirty (30) working days of
receipt thereof: Provided, That in the event the implementing rules and regulations are not promulgated
within the specified period, the specific provisions of this Act shall immediately be executory.
SECTION 38. Appropriations. — The amount necessary to implement the provisions of this
Act shall be charged against the current year’s appropriations of the concerned national government
agencies. Thereafter, such funds as may be necessary for the continued implementation of this Act
shall be included in the budgets of the concerned national government agencies under the annual
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SECTION 39. Repealing Clause. — DOH Administrative Order No. 10, s. 1993 and No. 24, s.
2003 are hereby repealed. Article 94 of Republic Act No. 7394, as amended, otherwise known as
the Consumer Act of the Philippines, is hereby amended.
All other laws, decrees, ordinances, administrative orders, rules and regulations, or any part
thereof, which are inconsistent with this Act are likewise repealed or amended accordingly.
SECTION 40. Separability Clause. — Should any provision of this Act be subsequently declared
unconstitutional, the other provisions not so declared shall remain in full force and effect.
the Official Gazette and at least two (2) newspapers of national circulation.
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Title of Law: An Act to institute Policies to Eliminate Trafficking in Persons Especially Women
and Children, Establishing the Necessary institutional Mechanisms for the Protection and
Support of Trafficked Persons, Providing Penalties for Its Violations, and for Other Purposes
Short Title: Anti-Trafficking in Persons Act of 2003
Amended by: Amended by RA No. 10364 and RA No. 11862
Implementing Rules and Regulation: see 2022 Implementing Rules and Regulations of
Republic Act (R.A.) No. 9208 (The “Anti-Trafficking in Persons Act Of 2003”), as Amended by
R.A. No. 10364 (The Expanded Anti-Trafficking in Persons Act Of 2012) and further
Amended by R.A. No. 11862 (The Expanded Anti-Trafficking in Persons Act Of 2022)
(March 18, 2023)
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND

CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER PURPOSES
SECTION 1. Title.— This Act shall be known as the “Anti-Trafficking in Persons Act of 2003.”
SECTION 2. Declaration of Policy.— It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this policy, the State
shall give highest priority to the enactment of measures and development of programs that will promote
human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into
the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women
and men as enshrined in the United Nations Universal Declaration on Human Rights, United Nations
Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant Workers
and their Families, United Nations Convention Against Transnational Organized Crime Including its
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and all
other relevant and universally accepted human rights instruments and other international conventions
to which the Philippines is a signatory.
SECTION 3. Definition of Terms.— As used in this Act:
(a) Trafficking in Persons — refers to the recruitment, transportation, transfer or harboring,

or receipt of persons with or without the victim’s consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the vulnerability of the persons, or, the giving or
receiving of payments or benefits to achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution
of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or
sale of organs.
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The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it does not involve any of the
means set forth in the preceding paragraph.
(b) Child — refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation,
or discrimination because of a physical or mental disability or condition.
(c) Prostitution — refers to any act, transaction, scheme or design involving the use of a person
by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.
(d) Forced Labor and Slavery — refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism — refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
(f) Sexual Exploitation — refers to participation by a person in prostitution or the production of

pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability.
(g) Debt Bondage — refers to the pledging by the debtor of his/her personal services or labor
or those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
(h) Pornography — refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for primarily
sexual purposes.
(i) Council — shall mean the Inter-Agency Council Against Trafficking created under SECTION
20 of this Act.
SECTION 4. Acts of Trafficking in Persons.— It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino women to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
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(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of
organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
SECTION 5. Acts that Promote Trafficking in Persons.— The following acts which promote or
facilitate trafficking in persons shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment
for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issued these
certificates and stickers as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing broadcasting or distribution by any means, including the use of information
technology and the internet, of any brochure, flyer, or any propaganda material that
promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that
are mandated to provide pre-departure registration and services for departing persons
for the purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international
and local airports, territorial boundaries and seaports who are in possession of unissued,
tampered or fraudulent travel documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents
or belongings of trafficked persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or appropriate agencies;
and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.
SECTION 6. Qualified Trafficking in Persons.— The following are considered as qualified

trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the
“Inter-Country Adoption Act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed
by a syndicate if carried out by a group of three (3) or more persons conspiring or
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confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer
or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
SECTION 7. Confidentiality.— At any stage of the investigation, prosecution and trial of an

offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person
and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the
complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and
after considering all circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial. The name and personal circumstances of the trafficked person or of the accused,
or any other information tending to establish their identities and such circumstances or information
shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for
any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in
case of television and radio, producer and director of a film in case of the movie industry, or any person
utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in
persons.
SECTION 8. Prosecution of Cases.— Any person who has personal knowledge of the commission
of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal
guardian may file a complaint for trafficking.
SECTION 9. Venue.— A criminal action arising from violation of this Act shall be filed where the
offense was committed, or where any of its elements occurred, or where the trafficked person actually
resides at the time of the commission of the offense: Provided,That the court where the criminal action
is first filed shall acquire jurisdiction to the exclusion of other courts.
SECTION 10. Penalties and Sanctions.— The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in SECTION 4 shall suffer
the penalty of imprisonment of twenty (20) years and a fine of not less than One million
pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in SECTION 5 shall suffer
the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under SECTION 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not
more than Five million pesos (P5,000,000.00);
(d) Any person who violates SECTION 7, hereof shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
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(e) If the offender is a corporation, partnership, association, club, establishment or any judicial
person, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commission of the crime or who
shall have knowingly permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to operate
of the erring agency, corporation, association religious group, tour or travel agent,
club or establishment, or any place of entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not be allowed to
operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence
and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration certificates, counseling certificates,
marriage license, and other similar documents to persons, whether juridical or natural,
recruitment agencies, establishments or other individuals or groups, who fail to observe
the prescribed procedures and the requirements as provided for by laws, rules and
regulations, shall be held administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or employee shall, upon conviction,
be dismissed from the service and be barred permanently to hold public office. His/her
retirement and other benefits shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.
SECTION 11. Use of Trafficked Persons.— Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:
(a) First offense — six (6) months of community service as may be determined by the court and
a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses — Imprisonment of one (1) year and a fine of One hundred
thousand pesos (P100,000.00).
SECTION 12. Prescriptive Period.— Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as defined
under SECTION 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person
is delivered or released from the conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to
the accused.
SECTION 13. Exemption from Filing Fees.— When the trafficked person institutes a separate civil
action for the recovery of civil damages, he/she shall be exempt from the payment of filing fees.
SECTION 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons.— In addition to the penalty imposed for the violation of this Act, the court shall
order the confiscation and forfeiture, in favor of the government, of all the proceeds and properties
derived from the commission of the crime, unless they are the property of a third person not liable for
the unlawful act: Provided, however, That all awards for damages shall be taken from the personal
and separate properties of the offender: Provided further, That if such properties are insufficient, the
balance shall be taken from the confiscated and forfeited properties.
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When the proceeds, properties and instruments of the offense have been destroyed, diminished
in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender
or it has been concealed, removed, converted or transferred to prevent the same from being found or
to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value
of the proceeds, property or instruments of the offense.
SECTION 15. Trust Fund.— All fines imposed under this Act and the proceeds and properties
forfeited and confiscated pursuant to SECTION 14 hereof shall accrue to a Trust Fund to be administered
and managed by the Council to be used exclusively for programs that will prevent acts of trafficking
and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs
shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in SECTION 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a data

collection system or monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government
agencies and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst
the public, the academe, government, NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
SECTION 16. Programs that Address Trafficking in Persons.— The government shall establish
and implement preventive, protective and rehabilitative programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to implement the following programs:
(a) Department of Foreign Affairs (DFA) — shall make available its resources and facilities
overseas for trafficked persons regardless of their manner of entry to the receiving country, and explore
means to further enhance its assistance in eliminating trafficking activities through closer networking
with government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine-
Readable Passports to protect the integrity of Philippine passports, visas and other travel documents
to reduce the incidence of trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling program
on intermarriages.
(b) Department of Social Welfare and Development (DSWD) — shall implement rehabilitative
and protective programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) — shall ensure the strict implementation and
compliance with the rules and guidelines relative to the employment of persons locally and overseas.
It shall likewise monitor, document and report cases of trafficking in persons involving employers and
labor recruiters.
(d) Department of Justice (DOJ) — shall ensure the prosecution of persons accused of trafficking
and designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
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(e) National Commission on the Role of Filipino Women (NCRFW) — shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue
of trafficking in persons in both its local and international advocacy for women’s issues.
(f) Bureau of Immigration (BI) — shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers both at the
place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and spouses
of foreign nationals with the guidance and counseling requirements as provided for in this Act.
(g) Philippine National Police (PNP) — shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It
shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective
investigations and apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) — shall implement an effective pre-
employment orientation seminars and pre-departure counseling programs to applicants for overseas
employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) — shall institute a systematic
information and prevention campaign and likewise maintain a databank for the effective monitoring,
documentation and prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) — shall monitor and document cases of trafficking in persons
in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the
provisions of this Act and ensure effective prosecution of such cases. They shall also undertake
an information campaign against trafficking in persons through the establishment of the Migrants
Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with
DILG, Philippine Information Agency (PIA),Commission on Filipinos Overseas (CFO),NGOs and other
concerned agencies. They shall encourage and support community based initiatives which address the
trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs,
people’s organizations (POs),civic organizations and other volunteer groups.
SECTION 17. Legal Protection to Trafficked Persons.— Trafficked persons shall be recognized
as victims of the act or acts of trafficking and as such shall not be penalized for crimes directly related
to the acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in
relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set forth
in this Act shall be irrelevant.
SECTION 18. Preferential Entitlement Under the Witness Protection Program. — Any provision
of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the
witness protection program provided therein.
SECTION 19. Trafficked Persons Who are Foreign Nationals.— Subject to the guidelines issued
by the Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be
entitled to appropriate protection, assistance and services available to trafficked persons under this
Act: Provided,That they shall be permitted continued presence in the Philippines for a length of time
prescribed by the Council as necessary to effect the prosecution of offenders.
SECTION 20. Inter-Agency Council Against Trafficking.— There is hereby established an Inter-
Agency Council Against Trafficking, to be composed of the Secretary of the Department of Justice
as Chairperson and the Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:
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(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative
each from among the sectors representing women, Overseas Filipino Workers (OFWs)
and children, with a proven record of involvement in the prevention and suppression
of trafficking in persons. These representatives shall be nominated by the government
agency representatives of the Council, for appointment by the President for a term of
three (3) years.
The members of the Council may designate their permanent representatives who shall have a
rank not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments
as may be determined by the Council in accordance with existing budget and accounting rules and
regulations.
SECTION 21. Functions of the Council.— The Council shall have the following powers and
functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking
in persons;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of
this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to effectively address
the issues and problems attendant to trafficking in persons,
(e) Coordinate the conduct of massive information dissemination and campaign on the existence
of the law and the various issues and problems attendant to trafficking through the
LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their attention and
report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or establishments that
violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE,
DSWD, Technical Education and Skills Development Authority (TESDA), Commission on
Higher Education (CHED), LGUs and NGO’s;
(i) Secure from any department, bureau, office, agency, or instrumentality of the government
or from NGOs and other civic organizations such assistance as may be needed to
effectively implement this Act;
(j) Complement the shared government information system for migration established
under Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas
444
Filipinos Act of 1995” with data on cases of trafficking in persons, and ensure that the
proper agencies conduct a continuing research and study on the patterns and scheme
of trafficking in persons which shall form the basis for policy formulation and program
direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases
of trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to prevent and suppress
international trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC),

Department of Trade and Industry (DTI),and other NGOs in monitoring the promotion of
advertisement of trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are
foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance
to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain the purposes
and objectives of this Act.
SECTION 22. Secretariat to the Council.— The Department of Justice shall establish the
necessary Secretariat for the Council.
SECTION 23. Mandatory Services to Trafficked Persons.— To ensure recovery, rehabilitation

and reintegration into the mainstream of society; concerned government agencies shall make available
the following services to trafficked persons:
(b) Counseling;
(c) Free legal services which shall include information about the victims’ rights and the procedure
for filing complaints, claiming compensation and such other legal remedies available to
them, in a language understood by the trafficked person;
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.
SECTION 24. Other Services for Trafficked Persons.—
(a) Legal Assistance. — Trafficked persons shall be considered under the category “Overseas
Filipino in Distress” and may avail of the legal assistance created by Republic Act No. 8042, subject to
the guidelines as provided by law.
(b) Overseas Filipino Resource Centers. — The services available to overseas Filipinos as
provided for by Republic Act No. 8042 shall also be extended to trafficked persons regardless of their
immigration status in the host country.
445
(c) The Country Team Approach. — The country team approach under Executive Order No.
74 of 1993, shall be the operational scheme under which Philippine embassies abroad shall provide
protection to trafficked persons insofar as the promotion of their welfare, dignity and fundamental
rights are concerned.
SECTION 25. Repatriation of Trafficked Persons.— The DFA, in coordination with DOLE and
other appropriate agencies, shall have the primary responsibility for the repatriation of trafficked
persons, regardless of whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks,
the DFA shall make representation with the host government for the extension of appropriate residency
permits and protection, as may be legally permissible in the host country.
SECTION 26. Extradition.— The DOJ, in consultation with DFA, shall endeavor to include offenses
of trafficking in persons among extraditable offenses.
SECTION 27. Reporting Requirements.— The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities relative to the
SECTION 28. Funding.— The heads of the departments and agencies concerned shall immediately
include in their programs and issue such rules and regulations to implement the provisions of this Act,
the funding of which shall be included in the annual General Appropriations Act.
SECTION 29. Implementing Rules and Regulations.— The Council shall promulgate the necessary
implementing rules and regulations within sixty (60) days from the effectivity of this Act.
SECTION 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right
to Travel. — Nothing in this Act shall be interpreted as a restriction of the freedom of speech and
of association, religion and the right to travel for purposes not contrary to law as guaranteed by
the Constitution.
SECTION 31. Separability Clause.— If, for any reason, any SECTION or provision of this Act is
held unconstitutional or invalid, the other SECTIONs or provisions hereof shall not be affected thereby.
SECTION 32. Repealing Clause.— All laws, presidential decrees, executive orders and rules
and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed
or modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision
of Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act.”
SECTION 33. Effectivity.— This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.
446
Title of Law: An Act Instituting A Framework Of Governance For Basic Education, Establishing
Authority And Accountability, Renaming The Department Of Education, Culture And Sports As
The Department Of Education, And For Other Purposes
Short Title: Governance of Basic Education Act of 2001


Implementing Rules and Regulation: see Implementing Rules and Regulations of the En-
hanced Basic Education Act of 2013 (Republic Act No. 10533) (September 4, 2013)
AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING

AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND
SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the “Governance of Basic Education Act of
2001.”
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and
promote the right of all citizens to quality basic education and to make such education accessible to
all by providing all Filipino children a free and compulsory education in the elementary level and free
education in the high school level. Such education shall also include alternative learning systems for
out-of-school youth and adult learners. It shall be the goal of basic education to provide them with the
skills, knowledge and values they need to become caring, self-reliant, productive and patriotic citizens.
The school shall be the heart of the formal education system. It is where children learn. Schools
shall have a single aim of providing the best possible basic education for all learners.
Governance of basic education shall begin at the national level. It is at the regions, divisions,
schools and learning centers — herein referred to as the field offices — where the policy and principle for
the governance of basic education shall be translated into programs, projects and services developed,
adapted and offered to fit local needs.
The State shall encourage local initiatives for improving the quality of basic education. The State
shall ensure that the values, needs and aspirations of a school community are reflected in the program
of education for the children, out-of-school youth and adult learners. Schools and learning centers shall
be empowered to make decisions on what is best for the learners they serve.
SECTION 3. Purposes and Objectives. — The purposes and objectives of this Act are:
(a) To provide the framework for the governance of basic education which shall set the general
directions for educational policies and standards and establish authority, accountability
and responsibility for achieving higher learning outcomes;
447
(b) To define the roles and responsibilities of, and provide resources to, the field offices which
shall implement educational programs, projects and services in communities they serve;
(c) To make schools and learning centers the most important vehicle for the teaching and
learning of national values and for developing in the Filipino learners love of country and
pride in its rich heritage;
(d) To ensure that schools and learning centers receive the kind of focused attention they
deserve and that educational programs, projects and services take into account the
interests of all members of the community;
(e) To enable the schools and learning centers to reflect the values of the community by allowing
teachers/learning facilitators and other staff to have the flexibility to serve the needs of
all learners;
(f) To encourage local initiatives for the improvement of schools and learning centers and to
provide the means by which these improvements may be achieved and sustained; and
(g) To establish schools and learning centers as facilities where schoolchildren are able to learn
a range of core competencies prescribed for elementary and high school education
programs or where the out-of-school youth and adult learners are provided alternative
learning programs and receive accreditation for at least the equivalent of a high school
education.
SECTION 4. Definition of Terms. — For purposes of this Act, the terms or phrases used shall
mean or be understood as follows:
(a) Alternative Learning System — is a parallel learning system to provide a viable alternative
to the existing formal education instruction. It encompasses both the non-formal and
informal sources of knowledge and skills;
(b) Basic Education — is the education intended to meet basic learning needs which lays the
foundation on which subsequent learning can be based. It encompasses early childhood,
elementary and high school education as well as alternative learning systems for out-
of-school youth and adult learners and includes education for those with special needs;
(c) Cluster of Schools — is a group of schools which are geographically contiguous and brought
together to improve the learning outcomes;
(d) Formal Education — is the systematic and deliberate process of hierarchically structured and
sequential learning corresponding to the general concept of elementary and secondary
level of schooling. At the end of each level, the learner needs a certification in order to
enter or advance to the next level;
(e) Informal Education — is a lifelong process of learning by which every person acquires and
accumulates knowledge, skills, attitudes and insights from daily experiences at home, at
work, at play and from life itself;
(f) Integrated Schools — is a school that offers a complete basic education in one school site and
has unified instructional programs;
(g) Learner — is any individual seeking basic literacy skills and functional life skills or support
services for the improvement of the quality of his/her life;
(h) Learning Center — is a physical space to house learning resources and facilities of a learning
program for out-of-school youth and adults. It is a venue for face-to-face learning
activities and other learning opportunities for community development and improvement
of the people’s quality of life;
448
(i) Learning Facilitator — is the key-learning support person who is responsible for supervising/
facilitating the learning process and activities of the learner;
(j) Non-Formal Education — is any organized, systematic educational activity carried outside
the framework of the formal system to provide selected types of learning to a segment
of the population;
(k) Quality Education — is the appropriateness, relevance and excellence of the education given
to meet the needs and aspirations of an individual and society;
(l) School — is an educational institution, private and public, undertaking educational operation
with a specific age-group of pupils or students pursuing defined studies at defined
levels, receiving instruction from teachers, usually located in a building or a group of
buildings in a particular physical or cyber site; and
(m) School Head — is a person responsible for the administrative and instructional supervision
of the school or cluster of schools.
CHAPTER 1
Governance of Basic Education
SECTION 5. Principles of Shared Governance. — (a) Shared governance is a principle which

recognizes that every unit in the education bureaucracy has a particular role, task and responsibility
inherent in the office and for which it is principally accountable for outcomes;
(b) The process of democratic consultation shall be observed in the decision-making process
at appropriate levels. Feedback mechanisms shall be established to ensure coordination and open
communication of the central office with the regional, division and school levels;
(c) The principles of accountability and transparency shall be operationalized in the performance
of functions and responsibilities at all levels; and
(d) The communication channels of field offices shall be strengthened to facilitate flow of
information and expand linkages with other government agencies, local government units and
nongovernmental organizations for effective governance;
SECTION 6. Governance. — The Department of Education, Culture and Sports shall henceforth
be called the Department of Education. It shall be vested with authority, accountability and responsibility
for ensuring access to, promoting equity in, and improving the quality of basic education. Arts, culture
and sports shall be as provided for in SECTIONs 8 and 9 hereof.
SECTION 7. Powers, Duties and Functions. — The Secretary of the Department of Education
shall exercise overall authority and supervision over the operations of the Department.
A. National Level
In addition to his/her powers under existing laws, the Secretary of Education shall have authority,
accountability and responsibility for the following:
(1) Formulating national educational policies:
(2) Formulating a national basic education plan;
(3) Promulgating national educational standards;
(4) Monitoring and assessing national learning outcomes;
449
(5) Undertaking national educational research and studies;
(6) Enhancing the employment status, professional competence, welfare and working conditions
of all personnel of the Department; and
(7) Enhancing the total development of learners through local and national programs and/or
projects.
The Secretary of Education shall be assisted by not more than four (4) undersecretaries and
not more than four (4) assistant secretaries whose assignments, duties and responsibilities shall be
governed by law. There shall be at least one undersecretary and one assistant secretary who shall be
career executive service officers chosen from among the staff of the Department.
B. Regional Level
There shall be as many regional offices as may be provided by law. Each regional office shall
have a director, an assistant director and an office staff for program promotion and support, planning,
administrative and fiscal services.
Consistent with the national educational policies, plans and standards, the regional director
shall have authority, accountability and responsibility for the following:
(1) Defining a regional educational policy framework which reflects the values, needs and
expectations of the communities they serve;
(2) Developing a regional basic education plan;
(3) Developing regional educational standards with a view towards benchmarking for
international competitiveness;
(4) Monitoring, evaluating and assessing regional learning outcomes;
(5) Undertaking research projects and developing and managing regionwide projects which
may be funded through official development assistance and/or other funding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection and
training of all staff in the region and divisions;
(7) Formulating, in coordination with the regional development council, the budget to support
the regional educational plan which shall take into account the educational plans of the
divisions and districts;
(8) Determining the organization component of the divisions and districts and approving the
proposed staffing pattern of all employees in the divisions and districts;
(9) Hiring, placing and evaluating all employees in the regional office, except for the position of
assistant director;
(10) Evaluating all schools division superintendents and assistant division superintendents in the
region;
(11) Planning and managing the effective and efficient use of all personnel, physical and fiscal
resources of the regional office, including professional staff development;
(12) Managing the database and management information system of the region;
(13) Approving the establishment of public and private elementary and high schools and learning
centers; and
450
(14) Performing such other functions as may be assigned by proper authorities.
C. Division Level
A division shall consist of a province or a city which shall have a schools division
superintendent, at least one assistant schools division superintendent and an office staff for programs
promotion, planning, administrative, fiscal, legal, ancillary and other support services.
Consistent with the national educational policies, plans and standards, the schools division
superintendents shall have authority, accountability and responsibility for the following:
(1) Developing and implementing division education development plans; DCIAST
(2) Planning and managing the effective and efficient use of all personnel, physical and fiscal
resources of the division, including professional staff development;
(3) Hiring, placing and evaluating all division supervisors and schools district supervisors as well
as all employees in the division, both teaching and non-teaching personnel, including
school heads, except for the assistant division superintendent;
(4) Monitoring the utilization of funds provided by the national government and the local
government units to the schools and learning centers;
(5) Ensuring compliance of quality standards for basic education programs and for this purpose
strengthening the role of division supervisors as subject area specialists;
(6) Promoting awareness of and adherence by all schools and learning centers to accreditation
standards prescribed by the Secretary of Education;
(7) Supervising the operations of all public and private elementary, secondary and integrated
schools, and learning centers; and
D. Schools District Level
Upon the recommendation of the schools division superintendents, the regional director may
establish additional schools district within a schools division. Schools districts already existing at the
time of the passage of this law shall be maintained. A schools district shall have a schools district
supervisor and an office staff for program promotion.
The schools district supervisor shall be responsible for:
(1) Providing professional and instructional advice and support to the school heads and teachers/
facilitators of schools and learning centers in the district or cluster thereof;
(2) Curricula supervision; and
E. School Level
There shall be a school head for all public elementary schools and public high schools or a
cluster thereof. The establishment of integrated schools from existing public elementary and public
high schools shall be encouraged.
451
The school head, who may be assisted by an assistant school head, shall be both an instructional
leader and administrative manager. The school head shall form a team with the school teachers/learning
facilitators for delivery of quality educational programs, projects and services. A core of non-teaching
staff shall handle the school’s administrative, fiscal and auxiliary services.
Consistent with the national educational policies, plans and standards, the school heads shall
have authority, accountability and responsibility for the following:
(1) Setting the mission, vision, goals and objectives of the school;
(2) Creating an environment within the school that is conducive to teaching and learning;
(3) Implementing the school curriculum and being accountable for higher learning outcomes;
(4) Developing the school education program and school improvement plan;
(5) Offering educational programs, projects and services which provide equitable opportunities
for all learners in the community;
(6) Introducing new and innovative modes of instruction to achieve higher learning outcomes;
(7) Administering and managing all personnel, physical and fiscal resources of the school;
(8) Recommending the staffing complement of the school based on its needs;
(9) Encouraging staff development;
(10) Establishing school and community networks and encouraging the active participation
of teacher’s organizations, nonacademic personnel of public schools, and parents-
teachers-community associations;
(11) Accepting donations. gifts, bequests and grants for the purpose of upgrading teachers’/
learning facilitators’ competencies, improving and expanding school facilities and
providing instructional materials and equipment. Such donations or grants must be
reported to the appropriate district supervisors and division superintendents; and
The Secretary of Education shall create a promotions board, at the appropriate levels, which
shall formulate and implement a system of promotion for schools’ division supervisors, schools district
supervisors, and school heads. Promotion of school heads shall be based on educational qualification,
merit and performance rather than on the number of teachers/learning facilitators and learners in the
school.
The qualifications, salary grade, status of employment and welfare and benefits of school heads
shall be the same for public elementary, secondary and integrated schools.
No appointment to the positions of regional directors, assistant regional directors, schools’

division superintendents and assistant schools’ division superintendents shall be made unless the
appointee is a career executive service officer who preferably shall have risen from the ranks.
CHAPTER 2
Transfer of Cultural Agencies
SECTION 8. Cultural Agencies. — The Komisyon ng Wikang Pilipino, National Historical Institute,
Records Management and Archives Office and the National Library shall now be administratively
452
attached to the National Commission for Culture and the Arts (NCCA) and no longer with the Department
of Education. The program for school arts and culture shall remain part of the school curriculum.
CHAPTER 3
Abolition of the Bureau of Physical Education and School Sports
SECTION 9. Abolition of BPESS. — All functions, programs and activities of the Department of
Education related to sports competition shall be transferred to the Philippine Sports Commission (PSC).
The program for school sports and physical fitness shall remain part of the basic education curriculum.
The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The
personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC without
loss of rank, including the plantilla positions they occupy. All other BPESS personnel shall be retained
by the Department.
CHAPTER 4
Support and Assistance of Other Government Agencies
SECTION 10. The Secretary of Education and the Secretary of Budget and Management shall,
within ninety (90) days from the approval of this Act, jointly promulgate the guidelines on the allocation,
distribution and utilization of resources provided by the national government for the field offices, taking
into consideration the uniqueness of the working conditions of the teaching service.
The Secretary of the Department of Education shall ensure that resources appropriated for
the field offices are adequate and that resources for school personnel, school desks and textbooks
and other instructional materials intended are allocated directly and released immediately by the
Department of Budget and Management to said offices.
SECTION 11. The Secretary of the Department of Education, subject to civil service laws and
regulations, shall issue appropriate personnel policy rules and regulations that will best meet the
requirements of the teaching profession taking into consideration the uniqueness of the working
conditions of the teaching service.
SECTION 12. The Commission on Audit, in the issuance of audit rules and regulations that will
govern the utilization of all resources as well as the liquidation, recording and reporting thereof, shall
take into account the different characteristics and distinct features of the department’s field offices, its
organizational set-up as well as the nature of the operations of schools and learning centers.
CHAPTER 5
Final Provisions
SECTION 13. Governance in the ARMM. — The Regional Education Secretary for the Autonomous
Region in Muslim Mindanao (ARMM) shall exercise similar governance authority over the divisions,
districts, schools and learning centers in the region as may be provided in the Organic Act without
prejudice to the provisions of Republic Act No. 9054, entitled “An Act to Strengthen and Expand the
Organic Act for the Autonomous Region in Muslim Mindanao. Amending for the Purpose Republic Act
No. 6734, entitled ‘An Act Providing for the Autonomous Region in Muslim Mindanao, as amended”’.
SECTION 14. Rules and Regulations. — The Secretary of Education shall promulgate the
implementing rules and regulations within ninety (90) days after the approval of this Act: Provided,
That, the Secretary of Education shall fully implement the principle of shared governance within two (2)
years after the approval of this Act.
453
SECTION 15. Separability Clause. — If for any reason, any portion or provision of this Act shall
be declared unconstitutional, other parts or provisions hereof which are not affected thereby shall
continue to be in full force and effect.
SECTION 16. Repealing Clause. — All laws, decrees, executive orders, rules and regulations,
part or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.
SECTION 17. Effectivity Clause. — This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.
454
Title of Law: An Act Providing For Benefits And Privileges To Solo Parents And Their Chil-
dren, Appropriating Funds Therefor And For Other Purposes
Short Title: Solo Parents’ Welfare Act of 2000


Amended by: N/A
Implementing Rules and Regulation: Rules and Regulations in the Implementation of Republic
Act No. 8972, An Act Providing for Benefits and Privileges to Solo Parents and their Children,
Appropriating Funds therefor and for Other Purposes (2001)
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the “Solo Parents’ Welfare Act of 2000.”
SECTION 2. Declaration of Policy. — It is the policy of the State to promote the family as the
foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end,
it shall develop a comprehensive program of services for solo parents and their children to be carried
out by the Department of Social Welfare and Development (DSWD), the Department of Health (DOH),
the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local
Government (DILG), the Commission on Higher Education (CHED), the Technical Education and Skills
Development Authority (TESDA), the National Housing Authority (NHA), the Department of Labor and
Employment (DOLE) and other related government and nongovernment agencies.
SECTION 3. Definition of Terms. — Whenever used in this Act, the following terms shall mean
as follows:
(a) “Solo parent” — any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape and other crimes against chastity
even without a final conviction of the offender: Provided, That the mother
keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse
is detained or is serving sentence for a criminal conviction for at least one
(1) year;
(4) Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical
practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due to legal
455
separation or de facto separation from spouse for at least one (1) year, as
long as he/she is entrusted with the custody of the children;
(6) Parent left solo or alone with the responsibility of parenthood due to declaration
of nullity or annulment of marriage as decreed by a court or by a church as
long as he/she is entrusted with the custody of the children;
(7) Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/his child/
children instead of having others care for them or give them up to a welfare
institution;
(9) Any other person who solely provides parental care and support to a child or
children;
(10) Any family member who assumes the responsibility of head of family as a
result of the death, abandonment, disappearance or prolonged absence
of the parents or solo parent.
A change in the status or circumstance of the parent claiming benefits under

this Act, such that he/she is no longer left alone with the responsibility of
parenthood, shall terminate his/her eligibility for these benefits. HSDCTA
(b) “Children” — refer to those living with and dependent upon the solo parent for support
who are unmarried, unemployed and not more than eighteen (18) years of age, or
even over eighteen (18) years but are incapable of self-support because of mental
and/or physical defect/disability.
(c) “Parental responsibility” — with respect to their minor children shall refer to the rights
and duties of the parents as defined in Article 220 of Executive Order No. 209, as
amended, otherwise known as the “Family Code of the Philippines.”
(d) “Parental leave” — shall mean leave benefits granted to a solo parent to enable him/
her to perform parental duties and responsibilities where physical presence is
required.
(e) “Flexible work schedule” — is the right granted to a solo parent employee to vary his/
her arrival and departure time without affecting the core work hours as defined
by the employer.
SECTION 4. Criteria for Support. — Any solo parent whose income in the place of domicile
falls below the poverty threshold as set by the National Economic and Development Authority
(NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for
assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall
enjoy the benefits mentioned in SECTIONs 6, 7 and 8 of this Act.
SECTION 5. Comprehensive Package of Social Development and Welfare Services. — A

comprehensive package of social development and welfare services for solo parents and their families
will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination
with local government units and a nongovernmental organization with proven track record in providing
services for solo parents.
The DSWD shall coordinate with concerned agencies the implementation of the comprehensive
package of social development and welfare services for solo parents and their families. The package
will initially include:
456
(a) Livelihood development services which include trainings on livelihood skills, basic
business management, value orientation and the provision of seed capital or job
placement.
(b) Counseling services which include individual, peer group or family counseling. This will
focus on the resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision and expansion of knowledge
and skills of the solo parent on early childhood development, behavior management,
health care, rights and duties of parents and children.
(d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases
of abuse.
(e) Special projects for individuals in need of protection which include temporary shelter,
counseling, legal assistance, medical care, self-concept or ego-building, crisis
management and spiritual enrichment.
SECTION 6. Flexible Work Schedule. — The employer shall provide for a flexible working
schedule for solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above requirements
from the DOLE on certain meritorious grounds.
SECTION 7. Work Discrimination. — No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his/her status.
SECTION 8. Parental Leave. — In addition to leave privileges under existing laws, parental leave
of not more than seven (7) working days every year shall be granted to any solo parent employee who
has rendered service of at least one (1) year.
SECTION 9. Educational Benefits. — The DECS, CHED and TESDA shall provide the following
benefits and privileges:
(1) Scholarship programs for qualified solo parents and their children in institutions of
basic, tertiary and technical/skills education; and
(2) Nonformal education programs appropriate for solo parents and their children.
The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation
of this program.
SECTION 10. Housing Benefits. — Solo parents shall be given allocation in housing projects
and shall be provided with liberal terms of payment on said government low-cost housing projects in
accordance with housing law provisions prioritizing applicants below the poverty line as declared by
the NEDA.
SECTION 11. Medical Assistance. — The DOH shall develop a comprehensive health care program
for solo parents and their children. The program shall be implemented by the DOH through their retained
hospitals and medical centers and the local government units (LGUs) through their provincial/district/
city/municipal hospitals and rural health units (RHUs).
SECTION 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform the
following additional powers and functions relative to the welfare of solo parents and their families:
(a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents;
(2) define executive and legislative measures needed to promote and protect the
interest of solo parents and their children; and (3) assess the effectiveness of
programs designed for disadvantaged solo parents and their children;
457
(b) Coordinate the activities of various governmental and nongovernmental organizations
engaged in promoting and protecting the interests of solo parents and their
children; and
(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by
which such provisions are effectively implemented.
SECTION 13. Implementing Rules and Regulations. — An interagency committee headed by the
DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby established
which shall formulate, within ninety (90) days upon the effectivity of this Act, the implementing rules
and regulations in consultation with the local government units, nongovernment organizations and
people’s organizations.
shall be included in the budget of concerned government agencies in the General Appropriations Act
of the year following its enactment into law and thereafter.
SECTION 15. Repealing Clause. — All laws, decrees, executive orders, administrative orders or
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.
SECTION 17. Effectivity Clause. — This Act shall take effect fifteen (15) days following its complete
publication in the Official Gazette or in at least two (2) newspaper of general circulation.
458
Title of Law: An Act Requiring The Mandatory Compliance By Motorists Of Private And Pub-
lic Vehicles To Use Seat Belt Devices, And Requiring Vehicle Manufacturers To Install Seat
Belt Devices In All Their Manufactured Vehicles
Short Title: Seat Belts Use Act of 1999

Implementing Rules and Regulation: see Implementing Rules and Regulations of Republic
Act No. 11229 or the “Child Safety in Motor Vehicles Act” (December 23, 2019
AN ACT REQUIRING THE MANDATORY COMPLIANCE BY MOTORISTS OF PRIVATE AND PUBLIC

VEHICLES TO USE SEAT BELT DEVICES, AND REQUIRING VEHICLE MANUFACTURERS TO INSTALL
SEAT BELT DEVICES IN ALL THEIR MANUFACTURED VEHICLES
SECTION 1. Short Title.— This Act shall be known as the “Seat Belts Use Act of 1999.”
SECTION 2. Declaration of Policy.— It is hereby declared the policy of the State to secure and
safeguard its citizenry, particularly the passengers and drivers of private and public motor vehicles,
from the ruinous and extremely injurious effects of vehicular accidents. Towards this end, the State
shall pursue a more proactive and preventive approach in order to secure the safety of the passengers
and drivers at all times with the mandatory enforcement of the use of seat belt devices by the drivers
and front seat passengers of private and public motor vehicles.
SECTION 3. Definition of Terms.— For purposes of this Act, the term:

(a) “Motorist” shall refer to the driver of a motor vehicle.
(b) “Seat belt device” shall refer to any strap, webbing or similar device in the form of
pelvic restraint or lap belt, upper torso restraint or shoulder strap or a combination
thereof designed to secure a person in a motor vehicle in order to mitigate the
results of any accident, including all necessary buckles and other fasteners, and all
hardware designed for installing such seat belt device in a motor vehicle.
(c) “Motor vehicle” shall refer to both private and public motor vehicle. The term shall not
include the tricycle and motorcycle.
(d) “Private motor vehicle” shall refer to any of the following:
(1) Any motor vehicle owned by individuals and juridical persons for private use;
(2) Any motor vehicle owned by the National Government or any of its agencies,
instrumentalities or political subdivisions, including government-owned or
controlled corporations or their subsidiaries for official use; and
(3) Any diplomatic vehicle.
459
(e) “Public motor vehicle” shall refer to public utility vehicle or vehicle for hire.
(f) “Motor vehicle of running engine” shall refer to a vehicle as stated herein, operating
and standing on any road or thoroughfare with engine running.
(g) “Front seat passengers” shall refer to persons on board a public utility vehicle seated at
the right side beside the driver for public utility jeepneys (PUJs) and to passengers
seated at the right side beside the driver and those at the first row immediately
behind the driver in the case of public utility buses (PUBs) and to passengers
seated on the right side beside the driver for private motor vehicles.
SECTION 4. Mandatory Use of Seat Belts.— For their own safety, the driver and front seat
passengers of a public or private motor vehicle are required to wear or use their seat belt devices while
inside a vehicle of running engine on any road or thoroughfare: Provided, That for private vehicles,
except for jeeps, jeepneys, vans, buses and such other private vehicles as may be determined in the
Implementing Rules and Regulations (IRR),front and back seat passengers are likewise required to use
their seat belt devices at all times.
In the case of public motor vehicles, the driver shall be required to immediately inform and
require the front seat passengers upon boarding a vehicle of running engine to wear the prescribed
seat belts. Any passenger who refuses to wear seat belts shall not be allowed to continue his/her trip.
For special public service vehicles such as school services and other similar vehicles as may be
determined by the IRR, seat belt devices should be provided and used by both drivers and front seat
passengers as defined herein and the first row passengers immediately behind the driver at all times
while inside a vehicle of running engine.
Operational motor vehicles, both public and private, which are not equipped with the required
seat belt devices, are given one (1) year from the issuance of the IRR by the Land Transportation Office
(LTO) to retrofit appropriate seat belt devices in their vehicles.
SECTION 5. Children Prohibited to Sit in Front Seat.— Infants and/or children with ages six (6)
years and below shall be prohibited to sit in the front seat of any running motor vehicle.
SECTION 6. Coverage.— This Act, in the interest of public safety, shall apply to drivers and front
seat passengers of public and private motor vehicles and other vehicles as may be determined by the
IRR thereon.
SECTION 7. Provisions for Seat Belt.— This Act further requires car manufacturers, assemblers
and distributors to ensure that seat belt devices are properly installed before the distribution and
sale of the said vehicles as determined by the IRR thereon: Provided, That manufacturers, assemblers
and distributors of jeepneys may install a pelvic restraint or lap belt only in the driver’s and front seat
passengers’ seats and this shall be considered as substantial compliance with the requirements of this
Act.
SECTION 8. Importation.— It shall be unlawful for any person to import or cause the importation of
any vehicle without appropriate and operational seat belt devices as required herein and in accordance
with the IRR thereon.
SECTION 9. Type of Seat Belt Devices Required.— The seat belt devices required to be installed
in all motor vehicles shall comply with the standards and specifications established by the Bureau
of Product Standards of the Department of Trade and Industry (DTI) in consultation with the LTO of
the Department of Transportation and Communications (DOTC):Provided, That the seat belt devices
installed in imported second-hand motor vehicles shall conform to the standards and specifications of
the Bureau of Product Standards for purposes of importation and registration.
SECTION 10. Registration.— No new motor vehicle shall be allowed initial registration and
succeeding renewal of registration unless it is equipped with the necessary seat belt devices. Renewal
460
of registration of in-use vehicles without necessary seat belt devices shall not be allowed one (1) year
after the passage of the IRR as specified in SECTION 11 of this Act. For this purpose, the LTO shall
include in the implementing guidelines a system of vehicle registration where compliance with SECTION
4 hereof is required.
SECTION 11. Period of Implementation.— The LTO shall be the agency primarily responsible in
the enforcement and implementation of this Act. Within sixty (60) days from the effectivity of this Act,
the LTO shall formulate and issue the necessary implementing rules, regulations and guidelines and
shall mobilize available resources to assure the effective implementation of this Act: Provided, That the
LTO or its successor tasked with the implementation of this Act may require the use of special car seats
for infants, if it is deemed necessary.
SECTION 12. Penalties and Fines.— In the enforcement of this Act, the LTO shall impose fines
against drivers, operators, owners of vehicles, manufacturers, assemblers, importers and/or distributors
for violation of this Act.
The following shall be the basis in defining fine and penalty provisions of the IRR to be
promulgated pursuant to SECTION 11 hereof, provided that six (6) months grace period shall be allowed
to lapse to conduct a nationwide information campaign:
(1) On the driver
(a) For failure to wear the prescribed seat belt devices and/or failure to require his
passengers to wear the prescribed seat belt device, a minimum fine of One
hundred pesos (P100) but not to exceed One thousand pesos (P1,000)
for the first violation; a minimum fine of Two hundred pesos (P200) but
not to exceed Two thousand pesos (P2,000) for the second violation;
and a minimum fine of Five hundred pesos (P500) but not to exceed Five
thousand pesos (P5,000) and suspension of driver’s license for a period of
one (1) week for the third and succeeding violations;
(b) Public utility vehicles shall post appropriate signages instructing front seat
passengers to wear seat belts when inside the vehicle. Non-compliance
hereof will hold both the driver and the operator liable and shall be fined
a minimum of Three hundred pesos (P300) but not to exceed Three
thousand pesos (P3,000) for every violation; and
(2) On any manufacturer, assembler, importer and distributor for every unit found without
seat belt devices installed prior to its distribution to the public, a minimum fine of
Five thousand pesos (P5,000) but not to exceed Ten thousand pesos (P10,000)
and suspension of the license to manufacture, assemble, import or distribute for a
period of one (1) year for the first violation; a minimum fine of Ten thousand pesos
(P10,000) but not to exceed Twenty thousand pesos (P20,000) and suspension
of the license to manufacture, assemble, import or distribute for a period of two
(2) years for the second violation; and a fine of Twenty thousand pesos (P20,000)
but not to exceed Fifty thousand pesos (P50,000) and suspension of the license
to manufacture, assemble, import or distribute for a period of five (5) years for the
third violation.
SECTION 13. Nationwide Public Information Campaign.— (a) The LTO, in coordination with the
Philippine Information Agency (PIA),the Department of Education, Culture and Sports (DECS) and
private agencies and organizations, shall undertake a regular nationwide Information, Education and
Communication (IEC) campaign for the attainment of the objectives of this Act. The campaign shall
stress the safety and health value of seat belts to support the most effective enforcement of this Act.
(b) The LTO, in coordination with the local government units, shall likewise utilize the services of
citizen groups and community organizations for the promotion of public safety awareness in observance
of this Act.
461
(c) The fines that will be collected for the enforcement of this Act shall be used exclusively for
the implementation of the provisions of this Act, including the necessary promotion campaigns for the
use of seat belt devices.
SECTION 14. Separability Clause.— If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or provision not otherwise affected shall remain valid and
subsisting.
SECTION 15. Repealing Clause. — SECTION 34, Article IV of Republic Act No. 4136 is hereby
amended and any law, executive order, decree, issuance, ordinance, rule and regulation or any part
thereof contrary or inconsistent with the provisions of this Act is also hereby repealed, modified or
amended accordingly.
SECTION 16. Effectivity Clause.— This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.
462
Title of Law: An Act Establishing The Rules And Policies On The Domestic Adoption Of Filipi-
no Children And For Other Purposes
Short Title: Domestic Adoption Act of 1998

Amended by: Amended by RA No. 11222, RA No. 9523

Implementing Rules and Regulation: see Implementing Rules and Regulations of the “Simulat-
ed Birth Rectification Act” (R. A. No. 11222) (October 7, 2019); Implementing Rules and Regula-
tions of Republic Act 9523 (June 1, 2009)
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO
CHILDREN AND FOR OTHER PURPOSES
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Domestic Adoption Act of 1998.”
SECTION 2. Declaration of Policies. — (a) It is hereby declared the policy of the State to ensure
that every child remains under the care and custody of his/her parent(s) and be provided with love, care,
understanding and security towards the full and harmonious development of his/her personality. Only
when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended
family is available shall adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be the
paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on
the Rights of the Child; UN Declaration on Social and Legal Principles Relating to the Protection and Welfare
of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally; and
the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.
Toward this end, the State shall provide alternative protection and assistance through foster care or
adoption for every child who is neglected, orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her
parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and
custody over his/her adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of the child as
“legally available for adoption” and his/her custody transferred to the Department
of Social Welfare and Development or to any duly licensed and accredited child-
463
placing or child-caring agency, which entity shall be authorized to take steps for
the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a positive
environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector agencies
to handle adoption inquiries, process domestic adoption applications, and offer
adoption-related services including, but not limited to, parent preparation and
post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child’s identity and culture in his/
her native land, and only when this is not available shall intercountry adoption be
considered as a last resort.
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms shall be defined as:
(a) “Child” is a person below eighteen (18)-years of age.
(b) “A child legally available for adoption” refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited
child-placing or child-caring agency, freed of the parental authority of his/her
biological parent(s) or guardian or adopter(s) in case of rescission of adoption.
(c) “Voluntarily committed child” is one whose parent(s) knowingly and willingly relinquishes
parental authority to the Department.
(d) “Involuntarily committed child” is one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due to abandonment;
substantial, continuous, or repeated neglect; abuse; or incompetence to discharge
parental responsibilities.
(e) “Abandoned child” refers to one who has no proper parental care or guardianship or
whose parent(s) has deserted him/her for a period of at least six (6) continuous
months and has been judicially declared as such.
(f) “Supervised trial custody” is a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing
their filial relationship.
(g) “Department” refers to the Department of Social Welfare and Development.
(h) “Child-placing agency” is a duly licensed and accredited agency by the Department
to provide comprehensive child welfare services including, but not limited to,
receiving applications for adoption, evaluating the prospective adoptive parents,
and preparing the adoption home study.
(i) “Child-caring agency” is a duly licensed and accredited agency by the Department that
provides twenty-four (24)-hour residential care services for abandoned, orphaned,
neglected, or voluntarily committed children.
(j) “Simulation of birth” is the tampering of the civil registry making it appear in the birth
records that a certain child was born to a person who is not his/her biological
mother, causing such child to lose his/her true identity and status.
ARTICLE II
Pre-Adoption Services
SECTION 4. Counseling Services. — The Department shall provide the services of licensed social
workers to the following:
464
(a) Biological Parent(s) — Counseling shall be provided to the parent(s) before and after
the birth of his/her child. No binding commitment to an adoption plan shall be
permitted before the birth of his/her child. A period of six (6) months shall be
allowed for the biological parent(s) to reconsider any decision to relinquish his/
her child for adoption before the decision becomes irrevocable. Counseling and
rehabilitation services shall also be offered to the biological parent(s) after he/she
has relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure that no hurried decisions
are made and all alternatives for the child’s future and the implications of each
alternative have been provided.
(b) Prospective Adoptive Parent(s) — Counseling sessions, adoption fora and seminars,
among others, shall be provided to prospective adoptive parent(s) to resolve
possible adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee — Counseling sessions shall be provided to ensure that he/she
understands the nature and effects of adoption and is able to express his/her
views on adoption in accordance with his/her age and level of maturity.
SECTION 5. Location of Unknown Parent(s). — It shall be the duty of the Department or the child-
placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown
biological parent(s). If such efforts fail, the child shall be registered as a foundling and subsequently be the
subject of legal proceedings where he/she shall be declared abandoned.
SECTION 6. Support Services. — The Department shall develop a pre-adoption program which shall
include, among others, the above-mentioned services.
ARTICLE III
Eligibility
SECTION 7. Who May Adopt. — The following may adopt:

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights,
of good moral character, has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of caring for children, at least
sixteen (16)-years older than the adoptee, and who is in a position to support and
care for his/her children in keeping with the means of the family. The requirement
of sixteen (16)-year difference between the age of the adopter and adoptee may
be waived when the adopter is the biological parent of the adoptee, or is the
spouse of the adoptee’s parent;
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the Republic
of the Philippines, that he/she has been living in the Philippines for at least three (3)
continuous years prior to the filing of the application for adoption and maintains
such residence until the adoption decree is entered, that he/she has been certified
by his/her diplomatic or consular office or any appropriate government agency
that he/she has the legal capacity to adopt in his/her country, and that his/her
government allows the adoptee to enter his/her country as his/her adopted son/
daughter: Provided, Further, That the requirements on residency and certification
of the alien’s qualification to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
465
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse;
or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the fourth (4th) degree of consanguinity or affinity
of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
However, that the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the
other, joint parental authority shall be exercised by the spouses.
SECTION 8. Who May Be Adopted. — The following may be adopted:
(a) Any person below eighteen (18)-years of age who has been administratively or judicially
declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that
of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parent(s).
SECTION 9. Whose Consent is Necessary to the Adoption. — After being properly counseled and
informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the
following to the adoption is hereby required:
(a) The adoptee, if ten (10)-years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10)-years of age or over, of the
adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10)-years of age or over, of the adopter if living
with said adopter and the latter’s spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
Procedure
SECTION 10. Hurried Decisions. — In all proceedings for adoption, the court shall require proof that
the biological parent(s) has been properly counseled to prevent him/her from making hurried decisions
caused by strain or anxiety to give up the child, and to sustain that all measures to strengthen the family
466
have been exhausted and that any prolonged stay of the child in his/her own home will be inimical to his/
her welfare and interest.
SECTION 11. Case Study. — No petition for adoption shall be set for hearing unless a licensed social
worker of the Department, the social service office of the local government unit, or any child-placing or
child-caring agency has made a case study of the adoptee, his/her biological parent(s), as well as the
adopter(s), and has submitted the report and recommendations on the matter to the court hearing such
petition.
At the time of preparation of the adoptee’s case study, the concerned social worker shall confirm
with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the responsibility of the concerned social worker to ensure
that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available for adoption and that
the documents to support this fact are valid and authentic. Further, the case study of the adopter(s) shall
ascertain his/her genuine intentions and that the adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the case
studies, that the petition should be denied. The case studies and other relevant documents and records
pertaining to the adoptee and the adoption shall be preserved by the Department.
SECTION 12. Supervised Trial Custody. — No petition for adoption shall be finally granted until the
adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within
which the parties are expected to adjust psychologically and emotionally to each other and establish a
bonding relationship. During said period, temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it finds the same
to be in the best interest of the adoptee, stating the reasons for the reduction of the period. However, for
alien adopter(s), he/she must complete the six (6)-month trial custody except for those enumerated in Sec.
7 (b) (i) (ii) (iii).
If the child is below seven (7)-years of age and is placed with the prospective adopter(s) through a
pre-adoption placement authority issued by the Department, the prospective adopter(s) shall enjoy all the
benefits to which biological parent(s) is entitled from the date the adoptee is placed with the prospective
adopter(s).
SECTION 13. Decree of Adoption. — If, after the publication of the order of hearing has been
complied with, and no opposition has been interposed to the petition, and after consideration of the case
studies, the qualifications of the adopter(s), trial custody report and the evidence submitted, the court is
convinced that the petitioners are qualified to adopt, and that the adoption would redound to the best
interest of the adoptee, a decree of adoption shall be entered which shall be effective as of the date the
original petition was filed. This provision shall also apply in case the petitioner(s) dies before the issuance
of the decree of adoption to protect the interest of the adoptee. The decree shall state the name by which
the child is to be known.
SECTION 14. Civil Registry Record. — An amended certificate of birth shall be issued by the Civil
Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the child of the adopter(s)
by being registered with his/her surname. The original certificate of birth shall be stamped “cancelled” with
the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil
registry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it is
an amended issue.
SECTION 15. Confidential Nature of Proceedings and Records. — All hearings in adoption cases
shall be confidential and shall not be open to the public. All records, books, and papers relating to the
adoption cases in the files of the court, the Department, or any other agency or institution participating in
the adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is necessary for purposes
connected with or arising out of the adoption and will be for the best interest of the adoptee, the court may
merit the necessary information to be released, restricting the purposes for which it may be used.
467
ARTICLE V
Effects of Adoption
SECTION 16. Parental Authority. — Except in cases where the biological parent is the spouse of the
adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall
then be vested on the adopter(s).
SECTION 17. Legitimacy. — The adoptee shall be considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by
law to legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee
is entitled to love, guidance, and support in keeping with the means of the family.
SECTION 18. Succession. — In legal and intestate succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee
and his/her biological parent(s) had left a will, the law on testamentary succession shall govern.
ARTICLE VI
Rescission of Adoption
SECTION 19. Grounds for Rescission of Adoption. — Upon petition of the adoptee, with the assistance
of the Department if a minor or if over eighteen (18)-years of age but is incapacitated, as guardian/counsel,
the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated
physical and verbal maltreatment by the adopter(s) despite having undergone counseling; (b) attempt
on the life of the adoptee; (c) sexual assault or violence; or (d) abandonment and failure to comply with
parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.
SECTION 20. Effects of Rescission. — If the petition is granted, the parental authority of the adoptee’s
biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is still
a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to each
other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee
and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Penal Code if the criminal acts are properly proven.
ARTICLE VII
Violations and Penalties
SECTION 21. Violations and Penalties. — (a) The penalty of imprisonment ranging from six (6)-years
and one (1)-day to twelve (12)-years and/or a fine not less than Fifty thousand pesos (P50,000.00), but not
more than Two hundred thousand pesos (P200,000.00) at the discretion of the court shall be imposed on
any person who shall commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper
material inducement, or other similar acts;
468
(ii) non-compliance with the procedures and safeguards provided by the law for adoption;
or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of
a person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth, and shall be punished
by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall
cooperate in the execution of the abovementioned crime shall suffer the penalties herein prescribed and
also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the confidentiality and integrity of
records, documents, and communications of adoption applications, cases, and processes shall suffer the
penalty of imprisonment ranging from one (1)-year and one (1)-day to two (2)-years, and/or a fine of not
less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the
discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense under this
Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it involves two (2) or
more children shall be considered as an offense constituting child trafficking and shall merit the penalty
of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the
unlawful acts defined under this Article. Penalties as are herein provided, shall be in addition to any other
penalties which may be imposed for the same acts punishable under other laws, ordinances, executive
orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately after service of sentence and
perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed
penalties, be penalized in accordance with existing civil service laws, rules and regulations: Provided, That
upon the filing of a case, either administrative or criminal, said government official, employee, or functionary
concerned shall automatically suffer suspension until the resolution of the case.
SECTION 22. Rectification of Simulated Births. — A person who has, prior to the effectivity of this
Act, simulated the birth of a child shall not be punished for such act: Provided, That the simulation of birth
was made for the best interest of the child and that he/she has been consistently considered and treated
by that person as his/her own son/daughter: Provided, further, That the application for correction of the
birth registration and petition for adoption shall be filed within five (5)-years from the effectivity of this Act
and completed thereafter: Provided, finally, That such person complies with the procedure as specified in
Article IV of this Act and other requirements as determined by the Department.
ARTICLE VIII
Final Provisions
SECTION 23. Adoption Resource and Referral Office. — There shall be established an Adoption
Resources and Referral Office under the Department with the following functions: (a) monitor the existence,
number, and flow of children legally available for adoption and prospective adopter(s) so as to facilitate
their matching; (b) maintain a nationwide information and educational campaign on domestic adoption;
(c) keep records of adoption proceedings; (d) generate resources to help child-caring and child-placing
469
agencies and foster homes maintain viability; and (e) do policy research in collaboration with the Intercountry
Adoption Board and other concerned agencies. The office shall be manned by adoption experts from the
public and private sectors.
SECTION 24. Implementing Rules and Regulations. — Within six (6) months from the promulgation
of this Act, the Department, with the Council for the Welfare of Children, the Office of Civil Registry General,
the Department of Justice, Office of the Solicitor General, and two (2) private individuals representing child-
placing and child-caring agencies shall formulate the necessary guidelines to make the provisions of this
Act operative.
SECTION 25. Appropriations. — Such sum as may be necessary for the implementation of the
provisions of this Act shall be included in the General Appropriations Act of the year following its enactment
into law and thereafter.
of instruction, administrative order, rule, or regulation contrary to, or inconsistent with the provisions of this
Act is hereby repealed, modified, or amended accordingly.
SECTION 27. Separability Clause. — If any provision of this Act is held invalid or unconstitutional, the
other provisions not affected thereby shall remain valid and subsisting.
SECTION 28. Effectivity Clause. — This Act shall take effect fifteen (15) days following its complete
publication in any newspaper of general circulation or in the Official Gazette.
470
Title of Law: Children’s Television Act Of 1997
Short Title: Children’s Television Act Of 1997


Amended by: N/A
8370 (Children’s Television Act of 1997) (March 2, 2021)
CHILDREN’S TELEVISION ACT OF 1997
SECTION 1. Title. — This Act shall be known as the “Children’s Television Act of 1997”.
building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being
by enhancing their over-all development, taking into account sectoral needs and conditions in the
development of educational, cultural, recreational policies and programs addressed to them.
Likewise, the State recognizes the importance and impact of broadcast media, particularly
television programs on the value formation and intellectual development of children and must take
steps to support and protect children’s interests by providing television programs that reflect their
needs, concerns and interests without exploiting them.
The State recognizes broadcasting as a form of mass communication guaranteed by the

Constitution, the exercise of which is impressed with public interest, and which imposes upon the
broadcast industry the social responsibility of ensuring that its activities serve the interest and welfare
of the Filipino people.
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms shall mean:
a) Children — all persons below eighteen (18) years old;
b) Children’s television — refers to programs and other materials broadcast on television
that are specifically designed for viewing by children;
c) Child-friendly programs — refer to programs not specifically designed for viewing
by children but which serve to further the positive development of children and
contain no elements that may result in physical, mental and emotional harm to
them. These include various formats and genre that appeal to children and are
made available for all ages from early childhood to adolescence; and
d) Child-viewing hours — hours which are considered to be appropriate for children
to watch television taking into account other activities which are necessary or
desirable for their balanced development.
471
SECTION 4. Establishment of a National Council for Children’s Television. — There is hereby
established a National Council for Children’s Television (NCCT), hereinafter referred to as the Council,
which shall be attached to the Office of the President for purposes of administrative supervision.
The Council shall be composed of five (5) members who shall be appointed by the President for
a term of three (3) years: Provided, That of the first appointees:
a) the term of the first set of two (2) members shall be for three (3) years;
b) the term of the second set of two (2) members shall be for two (2) years; and
c) the term of the remaining member shall be for one (1) year.
The members of the Council shall elect a chairperson from among themselves.
Members of the Council shall be appointed on the basis of their integrity, high degree of
professionalism and having distinguished themselves as an authority in the promotion of children’s
rights to responsible television programming and shall represent the following sectors, namely:
academe, broadcast media, child development specialists, parents and child-focused non-government
organizations duly registered with the Securities and Exchange Commission (SEC) and with membership
preferably in all the cities and provinces throughout the country. The nominees shall be nominated
by their respective organization and the Council for the Welfare of Children in consultation with the
Advisory Committee.
The members of the Council shall serve and continue to hold office until their successors shall
have been appointed and qualified. Should a member of the Council fail to complete his/her term, the
successor shall be appointed by the President, but only for the unexpired portion of the term.
The ranks, emoluments and allowances of the members of the Council shall be in accordance
with the Salary Standardization Law and other applicable laws.
SECTION 5. The Council Secretariat. — The Council shall organize a secretariat to be headed
by an Executive Director and with not more than twenty (20) personnel, as may be determined by the
Council. The Council shall determine the secretariat’s staffing pattern, determine the qualifications,
duties, responsibilities and functions, as well as compensation for the positions to be created by the
Council upon recommendation of the Executive Director subject to the National Compensation and
Classification Plan and other existing Civil Service rules and regulations.
SECTION 6. The Advisory Committee and Its Composition. — There is hereby constituted an
Advisory Committee which shall assist the Council in the formulation of national policies pertaining to
children’s broadcast programs and in monitoring its implementation. The Council and the Advisory
Committee shall meet at least once every quarter of a year.
The members of the Advisory Committee shall be composed of the following:

a) the Executive Director of the Council for the Welfare of Children;
b) the Chairman or Executive Director of the National Commission for Culture and the Arts;
c) the President of the Kapisanan ng mga Brodkaster sa Pilipinas;
d) the President or Executive Director of the Philippine Association of National Advertisers;
e) Press Undersecretary/Officer-In-Charge of the Philippine Information Agency;
f) the Chairman of the Movie and Television Review and Classification Board; and
g) a representative from the National Telecommunications Commission.
472
Whenever any member of the Advisory Committee is unable to attend, he or she shall designate
a representative to attend as his or her alternate.
SECTION 7. Functions of the Council. — The Council shall have the following functions:
a) to formulate and recommend plans, policies, and priorities for government and private
sector (i.e. broadcasters, producers, advertisers) action towards the development
of high quality locally-produced children’s television programming, to meet the
developmental and informational needs of children;
b) to promote and encourage the production and broadcasting of developmentally-
appropriate television programs for children through the administration of a national
endowment fund for children’s television and other necessary mechanisms;
c) to monitor, review and classify children’s television programs and advertisements aired
during the hours known to be child-viewing hours in order to take appropriate
action such as disseminating information to the public and bringing monitoring
results to the attention of concerned agencies for appropriate action;
d) to formulate, together with the television broadcast industry, a set of standards for
television programs shown during child-viewing hours and work closely with the
industry for the adoption and implementation of said standards;
e) to initiate the conduct of research for policy formulation and program development
and disseminate its results to broadcasters, advertisers, parents and educators on
issues related to television and Filipino children;
f) to promote media education within the formal school system and other non-formal
means in cooperation with private organizations;
g) to monitor the implementation of this Act and other existing government policies and
regulations pertaining to children’s broadcast programs, as well as to recommend
and require the appropriate government agencies and/or self-regulatory bodies
concerned to enforce the appropriate sanctions for violations of these regulations
and policies based on their respective mandates;
h) to recommend to Congress appropriate legislative measures which will grant incentives
for independent producers and broadcasters to encourage the production of
quality local children’s television programs; and
i) to act on complaints committed in violation of this Act with the goal of protecting children
from the negative and harmful influences and to cause or initiate the prosecution
of violators of this Act.
SECTION 8. Submission of Comprehensive Media Program for Children. — Within one (1) year
from the effectivity of this Act, the Council in consultation with the Advisory Committee shall submit to
Congress a comprehensive development and protection program with the end in view of formulating
policies on children’s media programs, and recommending plans and priorities for government towards
the promotion, development, production and broadcasting of developmentally-appropriate media
programs for children. Likewise, it shall prescribe an appropriate set of criteria for evaluating programs
with the end in view of establishing a Television Violence Rating Code.
Towards this end, the Council may consider internationally-accepted programs of action for
children’s television. More particularly, the Council shall be guided by the following standards herein to
be known as “The Charter of Children’s Television”:
a) Children should have programs of high quality which are made specifically for them,
and which do not exploit them. These programs, in addition to being entertaining
should allow children to develop physically, mentally and socially to their fullest
potential;
473
b) Children should hear, see and express themselves, their culture, languages and
life experiences through television programs which affirm their sense of self,
community and place;
c) Children’s programs should promote an awareness and appreciation of other cultures
in parallel with the child’s own cultural background;
d) Children’s program should be wide-ranging in genre and content, but should not include
gratuitous scenes of violence and sex;
e) Children’s program should be aired in regular time slots when children are available to
view and/or distributed through widely accessible media or technologies;
f) Sufficient funds must be made available to make these programs conform to the highest
possible standards; and
g) Government, production, distribution and funding organizations should recognize both
the importance and vulnerability of indigenous children’s television and the steps
to support and protect it.
SECTION 9. Allotment of Air time for Educational Children’s Programs. — A minimum of fifteen
percent (15%) of the daily total air time of each broadcasting network shall be allotted for child-friendly
shows within the regular programming of all networks granted franchises or as a condition for renewal
of broadcast licenses hereinafter, to be included as part of the network’s responsibility of serving the
public.
SECTION 10. Implementing Rules and Regulations. — The Council, in consultation with all
appropriate government agencies and non-government organizations, shall issue the necessary rules
and regulations for the implementation of this Act within ninety (90) days after its effectivity.
SECTION 11. Penalty. — In the exercise of its administrative function, the Council shall petition the
proper government agencies and/or appropriate self-regulatory bodies to suspend, revoke or cancel
the license to operate television stations found violating any provision of this Act and its implementing
SECTION 12. The National Endowment Fund for Children’s Television. — The creation of a
National Endowment Fund for Children’s Television, hereinafter referred to as the Fund, is created
for the promotion of high standards of indigenous program development in children’s television and
media specifically intended for Filipino children. An amount of Thirty million pesos (P30,000,000)
sourced from the income of the lotto operations of the Philippine Charity Sweepstakes Office (PCSO)
and another Thirty million pesos (P30,000,000) from the gross income of the Philippine Gaming
Corporation (PAGCOR) shall form part of the Fund.
a) The Fund shall be created for the purpose of developing and producing high quality
television programs that are culturally-relevant and developmentally-appropriate
for children.
b) The Fund is intended to contribute to the development of media programs that
contribute to Filipino children’s awareness and appreciation for their cultural
identity, national heritage and social issues that will in turn help them grow to be
productive and nationalistic citizens.
c) Access to the Fund shall be provided by the Council through a grant application
process for qualified producers and organizations with proven track record in the
production of high quality children’s television programs. Necessary requirements
are to be submitted to the Council for approval.
d) Copyright for programs and products to be developed with assistance from the Fund
will be jointly owned by the Council and the producers.
474
e) Priority shall be given to independent producers and organizations or institutions
including youth organizations who do not have access to the resources of a
national network.
f) The Council is authorized to accept grants, contributions or donations from private
corporations and international donors for the National Endowment Fund for
Children’s Television: Provided, That such grants, contributions, or donations are
exempted from donor’s and donee’s taxes: Provided, further, That these funds will
be used strictly for the endowment fund.
SECTION 13. Appropriations. — For the initial operating expenses of the Council, the amount of
Five million pesos (P5,000,000) is hereby appropriated out of the funds of the National Treasury not
otherwise appropriated. Thereafter, it shall submit to the Department of Budget and Management its
proposed budget for inclusion in the General Appropriations Act, approved by Congress.
same shall not affect the validity and effectivity of the other provisions thereof.
SECTION 15. Repealing Clause. — All laws, decrees, executive orders, presidential proclamations,
rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
475
Title of Law: An Act Establishing Family Courts, Granting Them Exclusive Original Jurisdiction
Over Child And Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise
Known As The Judiciary Reorganization Act Of 1980, Appropriating Funds Therefor And For
Other Purposes
Short Title: Family Courts Act of 1997
Amended by: N/A

AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION

OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129, AS AMENDED,
OTHERWISE KNOWN AS THE JUDICIARY REORGANIZATION ACT OF 1980, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the “Family Courts Act of 1997.”
SECTION 2. State and National Policies. — The State shall protect the rights and promote the
welfare of children in keeping with the mandate of the Constitution and the precepts of the United
Nations Convention on the Rights of the Child. The State shall provide a system of adjudication for
youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. The courts shall preserve the solidarity of the family, provide
procedures for the reconciliation of spouses and the amicable settlement of family controversy.
SECTION 3. Establishment of Family Courts. — There shall be established a Family Court in

every province and city in the country. In case where the city is the capital of the province, the Family
Court shall be established in the municipality which has the highest population.
SECTION 4. Qualification and Training of Family Court Judges. — SECTION 15 of Batas Pambansa
Blg. 129, as amended, is hereby further amended to read as follows:
“SEC. 15. (a) Qualification. — No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless he is a natural-born citizen of the Philippines,
at least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in
the practice of law in the Philippines or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite.
“(b) Training of Family Court Judges. — The Presiding Judge, as well as the court
personnel of the Family Courts, shall undergo training and must have the experience and
demonstrated ability in dealing with child and family cases.
“The Supreme Court shall provide a continuing education program on child and family
laws, procedure and other related disciplines to judges and personnel of such courts.”
476
SECTION 5. Jurisdiction of Family Courts. — The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age
but not less than nine (9) years of age, or where one or more of the victims is a
minor at the time of the commission of the offense: Provided, That if the minor is
found guilty, the court shall promulgate sentence and ascertain any civil liability
which the accused may have incurred. The sentence, however, shall be suspended
without need of application pursuant to Presidential Decree No. 603, otherwise
known as the “Child and Youth Welfare Code”;
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and wife or those living
together under different status and agreements, and petitions for dissolution of
conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No. 209,
otherwise known as the “Family Code of the Philippines”;
g) Petitions for declaration of status of children as abandoned, dependent or neglected
children, petitions for voluntary or involuntary commitment of children; the
suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of
1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the “Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act,” as amended
by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women — which are acts of gender-based violence that results, or are likely to
result in physical, sexual or psychological harm or suffering to women; and
other forms of physical abuse such as battering or threats and coercion
which violate a woman’s personhood, integrity and freedom of movement;
and
2) Children — which include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and all other conditions prejudicial
to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
SECTION 6. Use of Income. — All Family Courts shall be allowed the use of ten percent (10%) of
their income derived from filing and other court fees under Rule 141 of the Rules of Court for research
and other operating expenses including capital outlay: Provided, That this benefit shall likewise be
enjoyed by all courts of justice.
477
The Supreme Court shall promulgate the necessary guidelines to effectively implement the
provisions of this SECTION.
SECTION 7. Special Provisional Remedies. — In cases of violence among immediate family

members living in the same domicile or household, the Family Court may issue a restraining order
against the accused or defendant upon a verified application by the complainant or the victim for relief
from abuse.
The court may order the temporary custody of children in all civil actions for their custody. The
court may also order support pendente lite, including deduction from the salary and use of conjugal
home and other properties in all civil actions for support.
SECTION 8. Supervision of Youth Detention Homes. — The judge of the Family Court shall have
direct control and supervision of the youth detention home which the local government unit shall
establish to separate the youth offenders from the adult criminals: Provided, however, That alternatives
to detention and institutional care shall be made available to the accused including counseling,
recognizance, bail, community continuum, or diversions from the justice system: Provided, further, That
the human rights of the accused are fully respected in a manner appropriate to their well-being.
SECTION 9. Social Services and Counseling Division. — Under the guidance of the Department
of Social Welfare and Development (DSWD), a Social Services and Counseling Division (SSCD) shall be
established in each judicial region as the Supreme Court shall deem necessary based on the number
of juvenile and family cases existing in such jurisdiction. It shall provide appropriate social services to
all juvenile and family cases filed with the court and recommend the proper social action. It shall also
develop programs, formulate uniform policies and procedures, and provide technical supervision and
monitoring of all SSCD in coordination with the judge.
SECTION 10. Social Services and Counseling Division Staff. — The SSCD shall have a staff
composed of qualified social workers and other personnel with academic preparation in behavioral
sciences to carry out the duties of conducting intake assessment, social case studies, casework and
counseling, and other social services that may be needed in connection with cases filed with the
court: Provided, however, That in adoption cases and in petitions for declaration of abandonment,
the case studies may be prepared by social workers of duly licensed child caring or child placement
agencies, or the DSWD. When warranted, the division shall recommend that the court avail itself of
consultative services of psychiatrists, psychologists, and other qualified specialists presently employed
in other departments of the government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court Administrator,
who shall monitor and supervise the SSCD of the Regional Trial Court.
SECTION 11. Alternative Social Services. — In accordance with SECTION 17 of this Act, in areas
where no Family Court has been established or no Regional Trial Court was designated by the Supreme
Court due to the limited number of cases, the DSWD shall designate and assign qualified, trained, and
DSWD accredited social workers of the local government units to handle juvenile and family cases filed
in the designated Regional Trial Court of the place.
SECTION 12. Privacy and Confidentiality of Proceedings. — All hearings and conciliation of the
child and family cases shall be treated in a manner consistent with the promotion of the child’s and
family’s dignity and worth, and shall respect their privacy at all stages of the proceedings. Records of
the cases shall be dealt with utmost confidentiality and the identity of parties shall not be divulged
unless necessary and with authority of the judge.
SECTION 13. Special Rules of Procedure. — The Supreme Court shall promulgate special rules
of procedure for the transfer of cases to the new courts during the transition period and for the
disposition of family cases with the best interests of the child and the protection of the family as
primary consideration taking into account the United Nations Convention on the Rights of the Child.
478
SECTION 14. Appeals. — Decisions and orders of the court shall be appealed in the same manner
and subject to the same conditions as appeals from the ordinary Regional Trial Courts.
shall be included in the General Appropriations Act of the year following its enactment into law and
thereafter.
SECTION 16. Implementing Rules and Regulations. — The Supreme Court, in coordination with
the DSWD, shall formulate the necessary rules and regulations for the effective implementation of the
social aspects of this Act.
SECTION 17. Transitory Provisions. — Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches of the Regional Trial Court at least one Family
Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig, Mandaluyong, Muntinlupa,
Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite, Batangas,
Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran,
Surigao, Butuan, Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga,
Pagadian, Iligan, and in such other places as the Supreme Court may deem necessary.
Additional cases other than those provided in SECTION 5 may be assigned to the Family Courts
when their dockets permit: Provided, That such additional cases shall not be heard on the same day
family cases are heard.
In areas where there are no Family Courts, the cases referred to in SECTION 5 of this Act shall
be adjudicated by the Regional Trial Court.
SECTION 18. Separability Clause. — In case any provision of this Act is declared unconstitutional,
the other provisions shall remain in effect.
SECTION 19. Repealing Clause. — All other laws, decrees, executive orders, rules or regulations
inconsistent herewith are hereby repealed, amended, or modified accordingly.
least two (2) national newspapers of general circulation.
479
Title of Law: An Act Expanding The Definition Of The Crime Of Rape, Reclassifying The
Same As A Crime Against Persons, Amending For The Purpose Act No. 3815, As Amended,
Otherwise Known As The Revised Penal Code, And For Other Purposes
Short Title: The Anti-Rape Law of 1997


Amended by: amended by Republic Act No. 11648
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A
CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as “The Anti-Rape Law of 1997.”
SECTION 2. Rape as a Crime Against Persons. — The crime of rape shall hereafter be classified
as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the
Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new
chapter to be known as Chapter Three on Rape, to read as follows:
“Chapter Three
“Rape
“Article 266-A. Rape; When And How Committed. — Rape is Committed —
“1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
“a) Through force, threat, or intimidation;
“b) When the offended party is deprived of reason or otherwise unconscious;
“c) By means of fraudulent machination or grave abuse of authority; and
“d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
“2) By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by inserting his penis into another person’s
mouth or anal orifice, or any instrument or object, into the genital or anal orifice of
another person.
“Article 266-B. Penalties. — Rape under paragraph 1 of the next preceding article shall
be punished by reclusion perpetua.
“Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
480
“When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion perpetua to death.
“When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.
“When by reason or on the occasion of the rape, homicide is committed, the penalty
shall be death. cd
“The death penalty shall also be imposed if the crime of rape is committed with any of
the following aggravating/qualifying circumstances:
“1) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third
civil degree, or the common-law spouse of the parent of the victim;
“2) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
“3) When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity;
“4) When the victim is a religious engaged in legitimate religious vocation or calling and
is personally known to be such by the offender before or at the time of the commission
of the crime;
“5) When the victim is a child below seven (7) years old;
“6) When the offender knows that he is afflicted with Human Immune-Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible
disease and the virus or disease is transmitted to the victim;
“7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement agency
or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime;
“8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
“9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
“10) When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime.
“Rape under paragraph 2 of the next preceding article shall be punished by prision
mayor.
“Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be prision mayor to reclusion temporal.
“When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal.
“When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion temporal to reclusion perpetua.
“When by reason or on the occasion of the rape, homicide is committed, the penalty
shall be reclusion perpetua.
“Reclusion temporal shall also be imposed if the rape is committed with any of the ten
aggravating/qualifying circumstances mentioned in this article.
481
“Article 266-C. Effect of Pardon. — The subsequent valid marriage between the offender
and the offended party shall extinguish the criminal action or the penalty imposed.
“In case it is the legal husband who is the offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the criminal action or the penalty: Provided,
That the crime shall not be extinguished or the penalty shall not be abated if the
marriage is void ab initio.
“Article 266-D. Presumptions. — Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party, or where the offended party is
so situated as to render her/him incapable of giving valid consent, may be accepted as
evidence in the prosecution of the acts punished under Article 266-A.”
SECTION 3. Separability Clause. — If any part, SECTION, or provision of this Act is declared
invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.
SECTION 4. Repealing Clause. — Article 335 of Act No. 3815, as amended, and all laws, acts,
presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or
contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.
SECTION 5. Effectivity. — This Act shall take effect fifteen (15) days after completion of its
publication in two (2) newspapers of general circulation.
482
Title of Law: An Act Establishing The Rules To Govern Inter-Country Adoption Of Filipino Chil-
dren, And For Other Purposes
Short Title: Inter-Country Adoption Act of 1995

Amended by: Amended by Republic Act No. 9523

9523 (June 1, 2009)
AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN,

ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Inter-Country Adoption Act of 1995.”
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to provide
every neglected and abandoned child with a family that will provide such child with love and care as
well as opportunities for growth and development. Towards this end, efforts shall be exerted to place
the child with an adoptive family in the Philippines. However, recognizing that inter-country adoption
may be considered as allowing aliens, not presently allowed by law to adopt Filipino children if such
children cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to
ensure that inter-country adoptions are allowed when the same shall prove beneficial to the child’s best
interests, and shall serve and protect his/her fundamental rights.
SECTION 3. Definition of Terms. — As used in this Act, the term:

a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by
a foreigner or a Filipino citizen permanently residing abroad where the petition
is filed, the supervised trial custody is undertaken, and the decree of adoption is
issued outside the Philippines.
b) Child means a person below fifteen (15) years of age unless sooner emancipated by law.
c) Department refers to the Department of Social Welfare and Development of the
Republic of the Philippines.
d) Secretary refers to the Secretary of the Department of Social Welfare and Development.
e) Authorized and accredited agency refers to the State welfare agency or a licensed
adoption agency in the country of the adopting parents which provide
comprehensive social services and which is duly recognized by the Department.
f) Legally-free child means a child who has been voluntarily or involuntarily committed to
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the Department, in accordance with the Child and Youth Welfare Code.
g) Matching refers to the judicious pairing of the adoptive child and the applicant to
promote a mutually satisfying parent-child relationship.
h) Board refers to the Inter-country Adoption Board.
ARTICLE II
The Inter-Country Adoption Board
SECTION 4. The Inter-Country Adoption Board. — There is hereby created the Inter-Country
Adoption Board, hereinafter referred to as the Board, to act as the central authority in matters relating
to inter-country adoption. It shall act as the policy-making body for purposes of carrying out the
provisions of this Act, in consultation and coordination with the Department, the different child-care
and placement agencies, adoptive agencies, as well as non-governmental organizations engaged in
child-care and placement activities. As such, it shall:
a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other
practice in connection with adoption which is harmful, detrimental, or prejudicial
to the child;
b) Collect, maintain, and preserve confidential information about the child and the adoptive
parents;
c) Monitor, follow up, and facilitate completion of adoption of the child through authorized
and accredited agency;
d) Prevent improper financial or other gain in connection with an adoption and deter
improper practices contrary to this Act;
e) Promote the development of adoption services including post-legal adoption;
f) License and accredit child-caring/placement agencies and collaborate with them in the
placement of Filipino children;
g) Accredit and authorize foreign adoption agency in the placement of Filipino children in
their own country; and
h) Cancel the license to operate and blacklist the child-caring and placement agency or
adoptive agency involved from the accreditation list of the Board upon a finding
of violation of any provision under this Act.
SECTION 5. Composition of the Board. — The Board shall be composed of the Secretary of the
Department as ex officio Chairman, and six (6) other members to be appointed by the President for
a nonrenewable term of six (6) years: Provided, That there shall be appointed one (1) psychiatrist or
psychologist, two (2) lawyers who shall have at least the qualifications of a regional trial court judge, one
(1) registered social worker and two (2) representatives from non-governmental organizations engaged
in child-caring and placement activities. The members of the Board shall receive a per diem allowance
of One thousand five hundred pesos (P1,500) for each meeting attended by them: Provided, further,
That no compensation shall be paid for more than four (4) meetings a month.
SECTION 6. Powers and Functions of the Board. — The Board shall have the following powers
and functions:
a) to prescribe rules and regulations as it may deem reasonably necessary to carry out
the provisions of this Act, after consultation and upon favorable recommendation
of the different agencies concerned with child-caring, placement, and adoption;
b) to set the guidelines for the convening of an Inter-country Adoption Placement
484
Committee which shall be under the direct supervision of the Board;
c) to set the guidelines for the manner by which selection/matching of prospective
adoptive parents and adoptive child can be made;
d) to determine a reasonable schedule of fees and charges to be exacted in connection
with the application for adoption;
e) to determine the form and contents of the application for inter-country adoption;
f) to formulate and develop policies, programs and services that will protect the Filipino
child from abuse, exploitation, trafficking and other adoption practice that is
harmful, detrimental and prejudicial to the best interest of the child;
g) to institute systems and procedures to prevent improper financial gain in connection
with adoption and deter improper practices which are contrary to this Act;
h) to promote the development of adoption services, including post-legal adoption
services;
i) to accredit and authorize foreign private adoption agencies which have demonstrated
professionalism, competence and have consistently pursued non-profit objectives
to engage in the placement of Filipino children in their own country: Provided, That
such foreign private agencies are duly authorized and accredited by their own
government to conduct inter-country adoption: Provided, however, That the total
number of authorized and accredited foreign private adoption agencies shall not
exceed one hundred (100) a year;
j) to take appropriate measures to ensure confidentiality of the records of the child, the
natural parents and the adoptive parents at all times;
k) to prepare, review or modify, and thereafter, recommend to the Department of Foreign
Affairs, Memoranda of Agreement respecting inter-country adoption consistent
with the implementation of this Act and its stated goals, entered into, between
and among foreign governments, international organizations and recognized
international non-governmental organizations;
l) to assist other concerned agencies and the courts in the implementation of this Act,
particularly as regards coordination with foreign persons, agencies and other
entities involved in the process of adoption and the physical transfer of the child;
and
m) to perform such other functions on matters relating to inter-country adoption as may
be determined by the President.
ARTICLE III
Procedure
SECTION 7. Inter-Country Adoption as the Last Resort. — The Board shall ensure that all
possibilities for adoption of the child under the Family Code have been exhausted and that inter-country
adoption is in the best interest of the child. Towards this end, the Board shall set up the guidelines
to ensure that steps will be taken to place the child in the Philippines before the child is placed for
inter-country adoption: Provided, however, That the maximum number that may be allowed for foreign
adoption shall not exceed six hundred (600) a year for the first five (5) years.
SECTION 8. Who May Be Adopted. — Only a legally free child may be the subject of inter-
country adoption. In order that such child may be considered for placement, the following documents
must be submitted to the Board:
485
a) Child study;
b) Birth certificate/foundling certificate;
c) Deed of voluntary commitment/decree of abandonment/death certificate of parents;
d) Medical evaluation/history;
e) Psychological evaluation, as necessary; and
f) Recent photo of the child.
SECTION 9. Who May Adopt. — An alien or a Filipino citizen permanently residing abroad may
file an application for inter-country adoption of a Filipino child if he/she:
a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the
child to be adopted, at the time of application unless the adopter is the parent by
nature of the child to be adopted or the spouse of such parent;
b) if married, his/her spouse must jointly file for the adoption;
c) has the capacity to act and assume all rights and responsibilities of parental authority
under his national laws, and has undergone the appropriate counseling from an
accredited counselor in his/her country;
d) has not been convicted of a crime involving moral turpitude;
e) is eligible to adopt under his/her national law;
f) is in a position to provide the proper care and support and to give the necessary moral
values and example to all his children, including the child to be adopted;
g) agrees to uphold the basic rights of the child as embodied under Philippine laws,
the U.N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of this Act;
h) comes from a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that
adoption is allowed under his/her national laws; and
i) possesses all the qualifications and none of the disqualifications provided herein and in
other applicable Philippine laws.
SECTION 10. Where to File Application. — An application to adopt a Filipino child shall be filed
either with the Philippine Regional Trial Court having jurisdiction over the child, or with the Board,
through an intermediate agency, whether governmental or an authorized and accredited agency, in
the country of the prospective adoptive parents, which application shall be in accordance with the
requirements as set forth in the implementing rules and regulations to be promulgated by the Board.
The application shall be supported by the following documents written and officially translated
in English:
a) Birth certificate of applicant(s);
b) Marriage contract, if married, and divorce decree, if applicable;
c) Written consent of their biological or adoptive children above ten (10) years of age, in
the form of sworn statement;
d) Physical, medical and psychological evaluation by a duly licensed physician and
psychologist;
e) Income tax returns or any document showing the financial capability of the applicant(s);
486
f) Police clearance of applicant(s);
g) Character reference from the local church/minister, the applicant’s employer and a
member of the immediate community who have known the applicant(s) for at least
five (5) years; and
h) Recent postcard-size pictures of the applicant(s) and his immediate family.
The Rules of Court shall apply in case of adoption by judicial proceedings.
SECTION 11. Family Selection/Matching. — No child shall be matched to a foreign adoptive family
unless it is satisfactorily shown that the child cannot be adopted locally. The clearance, as issued by
the Board, with the copy of the minutes of the meetings, shall form part of the records of the child
to be adopted. When the Board is ready to transmit the Placement Authority to the authorized and
accredited inter-country adoption agency and all the travel documents of the child are ready, the
adoptive parents, or any one of them, shall personally fetch the child in the Philippines.
SECTION 12. Pre-adoptive Placement Costs. — The applicant(s) shall bear the following costs
incidental to the placement of the child:
a) The cost of bringing the child from the Philippines to the residence of the applicant(s)
abroad, including all travel expenses within the Philippines and abroad; and
b) The cost of passport, visa, medical examination and psychological evaluation required,
and other related expenses.
SECTION 13. Fees, Charges and Assessments. — Fees, charges, and assessments collected by
the Board in the exercise of its functions shall be used solely to process applications for inter-country
adoption and to support the activities of the Board.
SECTION 14. Supervision of Trial Custody. — The governmental agency or the authorized and
accredited agency in the country of the adoptive parents which filed the application for inter-country
adoption shall be responsible for the trial custody and the care of the child. It shall also provide family
counseling and other related services. The trial custody shall be for a period of six (6) months from
the time of placement. Only after the lapse of the period of trial custody shall a decree of adoption be
issued in the said country, a copy of which shall be sent to the Board to form part of the records of the
child.
During the trial custody, the adopting parent(s) shall submit to the governmental agency or the
authorized and accredited agency, which shall in turn transmit a copy to the Board, a progress report
of the child’s adjustment. The progress report shall be taken into consideration in deciding whether or
not to issue the decree of adoption.
The Department of Foreign Affairs shall set-up a system by which Filipino children sent abroad
for trial custody are monitored and checked as reported by the authorized and accredited inter-country
adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not
been approved.
SECTION 15. Executive Agreements. — The Department of Foreign Affairs, upon representation
of the Board, shall cause the preparation of Executive Agreements with countries of the foreign
adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards
provided by this Act.
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ARTICLE IV
Penalties
SECTION 16. Penalties. — a) Any person who shall knowingly participate in the conduct or
carrying out of an illegal adoption, in violation of the provisions of this Act, shall be punished with a
penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine
of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos
(P200,000), at the discretion of the court. For purposes of this Act, an adoption is illegal if it is effected
in any manner contrary to the provisions of this Act or established State policies, its implementing
rules and regulations, executive agreements, and other laws pertaining to adoption. Illegality may be
presumed from the following acts:
1) consent for an adoption was acquired through, or attended by coercion, fraud, improper
material inducement;
2) there is no authority from the Board to effect adoption;
3) the procedures and safeguards placed under the law for adoption were not complied
with; and
4) the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.
b) Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents and communications of adoption applications, cases and processes
shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000), but not more than Ten thousand pesos
(P10,000), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated felony under
this Article shall be imposed upon the principals of the attempt to commit any of the acts herein
enumerated.
Acts punishable under this Article, when committed by a syndicate or where it involves two or
more children shall be considered as an offense constituting child trafficking and shall merit the penalty
of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by
a group of three (3) or more persons conspiring and/or confederating with one another in carrying
out any of the unlawful acts defined under this Article. Penalties as are herein provided shall be in
addition to any other penalties which may be imposed for the same acts punishable under other laws,
ordinances, executive orders, and proclamations.
SECTION 17. Public Officers as Offenders. — Any government official, employee or functionary
who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with private
individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing
civil service laws, rules and regulations: Provided, That upon the filing of a case, either administrative
or criminal, said government official, employee or functionary concerned shall automatically suffer
suspension until the resolution of the case.
ARTICLE V
Final Provisions
SECTION 18. Implementing Rules and Regulations. — The Inter-country Adoption Board, in
coordination with the Council for the Welfare of Children, the Department of Foreign Affairs, and the
Department of Justice, after due consultation with agencies involved in child-care and placement, shall
promulgate the necessary rules and regulations to implement the provisions of this Act within six (6)
months after its effectivity.
488
SECTION 19. Appropriations. — The amount of Five million pesos (P5,000,000) is hereby
appropriated from the proceeds of the Lotto for the initial operations of the Board and subsequently
the appropriations of the same shall be included in the General Appropriations Act for the year following
its enactment.
SECTION 20. Separability Clause. — If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected, shall remain valid
and subsisting.
SECTION 21. Repealing Clause. — Any law, decree, executive order, administrative order or
rules and regulations contrary to, or inconsistent with the provisions of this Act are hereby repealed,
modified or amended accordingly.
in two (2) newspapers of general circulation.
489
Title of Law: An Act Providing For The Fair And Equitable Allocation Of The Department Of
Education, Culture And Sports Budget For Capital Outlay
Short Title: Fair and Equitable Access to Education Act
Amended by: N/A

AN ACT PROVIDING FOR THE FAIR AND EQUITABLE ALLOCATION OF THE DEPARTMENT OF
EDUCATION, CULTURE AND SPORTS BUDGET FOR CAPITAL OUTLAY
SECTION 1. Title. — This Act shall be known and cited as the “Fair and Equitable Access to
Education Act.”
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to uphold the
primacy of education, to foster patriotism and nationalism, accelerate social progress, and promote
total human liberation and development. Accordingly, the State shall provide for the development of
its citizenry as represented by all legislative districts by ensuring them fair and equitable access to
the infrastructure and tools necessary for quality education. Towards this end, the State shall provide
all legislative districts a minimum and continuing level of educational development by establishing an
objective mechanism that would make equitable the allocation of the Department of Education, Culture
and Sports’ (DECS) budget for capital outlay.
SECTION 3. Definition of Terms. — As used in this Act, the following terms are hereby defined
as follows:
a) Capital outlay — refers to the provisions of the General Appropriations Act, particularly
those pertaining to the budget of the DECS for elementary and secondary education
for (i) the acquisition and improvement of sites; (ii) the construction, replacement,
rehabilitation and repair of buildings, classrooms, libraries, workshops, toilets and
other structures; and (iii) furniture, fixtures, and equipment such as, but not limited
to, desks, chairs, laboratory and workshop implements, computers, books, and
the other basic and essential tools for learning whose beneficial use shall exceed
one (1) year; and
b) Classroom shortage — refers to the number of classrooms whose construction, in
considering the number of students divided by the existing number of classrooms,
shall result in a student-classroom ratio of 45:1; classrooms shall mean those
exclusively used for instructional purposes and shall exclude offices, libraries,
laboratories, workshops and the like.
SECTION 4. Allocation of Appropriation. — Notwithstanding any provision of the law to the

contrary, the annual DECS budget for capital outlay, as defined in SECTION 3(a), shall be allocated
among the legislative districts in the following manner:
490
a) On the first year of the effectivity of this Act:
1) thirty percent (30%) of the total capital outlay to be allocated pro-rata according
to each legislative district’s student population in relation to the total
student population of the country;
2) sixty percent (60%) of the total capital outlay to be allocated only among those
legislative districts with classroom shortages as defined in SECTION 3
(b), pro-rata to the total classroom shortage of the country pursuant to
SECTION 3 (b) as determined by the DECS; and
3) ten percent (10%) to be allocated in accordance with the implementation of the
policy of this Act as may be determined by the DECS.
b) On the second year and every year thereafter:
1) fifty percent (50%) of the total capital outlay to be allocated pro-rata according
to each legislative district’s student-population in relation to the total
student population of the country;
2) forty percent (40%) of the total capital outlay allocated only among those
legislative districts with classroom shortages, as defined in SECTION 3
(b), pro-rata to the total classroom shortage of the country pursuant to
SECTION 3(b) as determined by the DECS; and
3) ten percent (10%) to be allocated in accordance with the implementation of the
policy of this Act as may be determined by the DECS.
SECTION 5. Use of Allocation. — The total amount allocated herein shall be used exclusively
for capital outlay pursuant to the educational priorities of the legislative district, as determined by the
DECS upon prior consultation with the representative of each legislative district: Provided, That the
primary objective in the use of any allocation shall be to eliminate classroom shortages if any: Provided,
further, That any amounts allocated in accordance with subparagraph (1) of paragraphs (a) and (b) of the
preceding SECTION shall be used only for the acquisition or improvement of school sites, construction
of school buildings and classrooms and the purchase of material or equipment that directly aid in
education; Provided, furthermore, That the amount so appropriated in accordance with subparagraph
(2) of paragraphs (a) and (b) of the same SECTION shall be used exclusively for the construction
of new school buildings: Provided, finally, That if the amount so appropriated in subparagraph (2) of
paragraphs (a) and (b) should exceed the amount required to meet classroom shortage, the excess
shall be integrated with subparagraph (1) of paragraphs (a) and (b) of the same SECTION excluding
capital outlays of division offices, regional and central offices.
SECTION 6. Implementing Rules and Regulations. — The DECS, upon prior consultation with the
Department of Budget and Management, shall promulgate the necessary rules and regulations for the
immediate and effective implementation of this Act within a period of sixty (60) days after its effectivity.
The DECS officials shall submit to the Committees on Finance, and Education, Arts and Culture of both
Houses of Congress copies of the implementing rules and regulations within thirty (30) days after its
promulgation. Any violation of this SECTION shall render the concerned official liable under Republic
Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and
Employees,” and other existing administrative and/or criminal laws.
SECTION 7. Certification. — Any person charged in the implementation of this Act shall certify
under oath to be attached in the payroll or salary voucher under which his salary is paid that the
provision of this Act on the allocation of appropriation for the year as provided under SECTION 4 has
been fully complied with.
SECTION 8. Penal Clause. — Any public official or employee or private individual who willfully or
491
knowingly misappropriates the funds allocated herein or uses the same for personal gain in violation
of SECTION 5 of this Act shall be punished with perpetual disqualification from public office and
imprisonment for not less than six (6) years but nor more than fifteen (15) years.
SECTION 9. Release of Capital Outlays. — The appropriation herein provided for the construction,
rehabilitation, replacement, completion and repair of school buildings shall be directly released to and
administered by the Department of Public Works and Highways based on the work program submitted
by the DECS: Provided, That fifty percent (50%) of the total appropriation for capital outlay shall be
released automatically on the first quarter of the calendar year, including its corresponding notice of
cash allocation.
SECTION 11. Repealing Clause. — All laws, decrees, orders, rules and regulations, and all other
issuances or parts thereof, which are inconsistent with this Act are hereby repealed or modified
accordingly.
SECTION 12. Effectivity. — This Act shall take effect upon its approval.
492
Title of Law: An Act Declaring Sexual Harassment Unlawful in the Employment, Education or
Training Environment, and for Other Purposes
Short Title: Anti- Sexual Harassment Act of 1995


Amended by: N/A
Implementing Rules and Regulation: Different agencies like DOLE, CSC, Office of the
Ombudsman have their own IRRs.
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR

TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the “Anti-Sexual Harassment Act of 1995.”
SECTION 2. Declaration of Policy. — The State shall value the dignity of every individual, enhance
the development of its human resources, guarantee full respect for human rights, and uphold the dignity
of workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.
SECTION 3. Work, Education or Training-related Sexual Harassment Defined. — Work, education
or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent
of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request
or requirement for submission is accepted by the object of said act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment
or continued employment of said individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the employee which
in any way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor
laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;
493
(3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships or the payment of a stipend, allowance or
other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof by another without which it would not have been
committed, shall also be held liable under this Act.
SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Trainings
Environment. — It shall be the duty of the employer or the head of the work-related, educational or training
environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide
the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this
end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and jointly approved
by the employees or students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation of sexual
harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum in the workplace and educational or
training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment.
The committee shall conduct meetings, as the case may be, with officers and
employees, teachers, instructors, professors, coaches, trainors and students or
trainees to increase understanding and prevent incidents of sexual harassment. It
shall also conduct the investigation of alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of
at least one(1) representative each from the management, the union, if any, the
employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be
composed of at least one (1) representative from the administration, the trainors,
teachers, instructors, professors or coaches and students or trainees, as the case
may be.
The employer or head of office, educational or training institution shall disseminate
or post a copy of this Act for the information of all concerned.
SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. — The
employer or head of office, educational or training institution shall be solidarily liable for damages arising
from the acts of sexual harassment committed in the employment, education or training environment if
the employer or head of office, educational or training institution is informed of such acts by the offended
party and no immediate action is taken thereon.
SECTION 6. Independent Action for Damages. — Nothing in this Act shall preclude the victim of
work, education or training-related sexual harassment from instituting a separate and independent action
for damages and other affirmative relief.
SECTION 7. Penalties. — Any person who violates the provisions of this Act shall, upon conviction,
be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not
less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such
fine and imprisonment at the discretion of the court.
494
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.
SECTION 8. Separability Clause. — If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
SECTION 9. Repealing Clause. — All laws, decrees, orders, rules and regulations, other issuances,
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
publication in at least two (2) national newspapers of general circulation.
495
Title of Law: An Act Requiring Compulsory Immunization Against Hepatitis-B For Infants And
Children Below Eight (8) Years Old, Amending For The Purpose Presidential Decree No. 996,
And Appropriating Funds Therefor
Short Title: N/A

Amended by: N/A

AN ACT REQUIRING COMPULSORY IMMUNIZATION AGAINST HEPATITIS-B FOR INFANTS AND

CHILDREN BELOW EIGHT (8) YEARS OLD, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE
NO. 996, AND APPROPRIATING FUNDS THEREFOR
SECTION 1. SECTION 2 of Presidential Decree No. 996, is hereby amended to read as follows:
“Sec. 2. Scope. — Basic immunization services shall include: (a) BCG Vaccination
against tuberculosis; (b) Inoculation against diphtheria, tetanus, and pertussis; (c) Oral
poliomyelitis immunization; (d) Protection against measles; (e) Immunization against
rubella; (f) Immunization against Hepatitis-B; (g) such other basic immunization services
for infants and children below eight years of age as determined by the Secretary of Health
in a department circular: Provided, that newborn infants of women with Hepatitis-B shall
be given immunization against Hepatitis-B within twenty-four (24) hours after birth.”
SECTION 2. The amount necessary to carry out the provisions of this Act shall be included in the
General Appropriations Act of the year following its enactment into law and thereafter.
SECTION 3. This Act shall take effect upon its approval and completion of its publication in at
496
Title of Law: An Act Amending SECTION 25 Of Batas Pambansa Blg. 232, Otherwise Known
As The “Education Act Of 1982”
Short Title: N/A

Amended by: N/A

AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS THE
“EDUCATION ACT OF 1982”
SECTION 1. SECTION 25, Chapter 3 of the Education Act of 1982 is hereby amended to read as
follows:
“Sec. 25. Establishment of Schools. — All schools shall be established in
accordance with law. The establishment of new national schools and the conversion of
existing schools from elementary to national secondary schools or from secondary to
national secondary or tertiary schools shall be by law: Provided, That any private school
proposed to be established must incorporate as either a non-stock or a stock educational
corporation in accordance with the provisions of the Corporation Code of the Philippines.
This requirement to incorporate may be waived in the case of family-administered pre-
school institutions.
“Provided, That the minimum paid-up capital for stock educational institutions
for those engaged in elementary education shall not be less than One million pesos
(P1,000,000.00); not less than Two million five hundred thousand pesos (P2,500,000.00)
for those offering both elementary and secondary education; and not less than Five
million pesos (P5,000,000.00) for those offering elementary, secondary and tertiary
and postgraduate courses, except existing educational institutions organized as stock
corporations which may retain their original capitalization.
“Existing educational institutions organized as stock corporations may automatically
apply for renewal of their corporate existence when the original period is about to expire.
“Provided, finally, That stock educational institutions may be allowed only in
capital-intensive courses of study as may be determined by the Department of Education,
Culture and Sports, the Commission on Higher Education, and the Department of Science
and Technology, as the case may be.
“Any school that is established or organized as a stock corporation shall be
ineligible for any form of government subsidy, incentive or assistance, except those given
to individual students and teachers in the form of scholarships, student loans or other
forms of subsidy as already mandated under existing laws. Government assistance to
non-stock schools for educational programs shall be used exclusively for that purpose.
“Taxes shall not be due on donations to educational corporations.”
497
SECTION 2. The Department of Education, Culture and Sports and the Commission on Higher
Education, as the case may be, are hereby authorized to formulate within sixty (60) days from the
approval of this Act implementing rules and guidelines governing the establishment and operation of
stock educational corporations that may be organized pursuant to this Act with particular emphasis on
meeting the objectives of quality education and academic excellence provided for by the provisions
of Batas Pambansa Blg. 232, otherwise known as the Education Act of 1982.
SECTION 3. All laws, rules and ordinances inconsistent with this Act are hereby repealed or
SECTION 4. This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.
498
Title of Law: An Act Prohibiting The Employment Of Children Below 15 Years Of Age In Public
And Private Undertakings, Amending For This Purpose SECTION 12, Article VIII Of R.A. 7610
Short Title: N/A

Amended by: N/A

7658, Department Order No. 18 (May 12, 1994)
AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND
PRIVATE UNDERTAKINGS, AMENDING FOR THIS PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610
SECTION 1. SECTION 12, Article VIII of R.A. No. 7610 otherwise known as the “Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act” is hereby amended to read as follows:
“Sec. 12. Employment of Children. — Children below fifteen (15) years of age shall
not be employed except:
1) When a child works directly under the sole responsibility of his
parents or legal guardian and where only members of the employer’s family are
employed: Provided, however, That his employment neither endangers his life,
safety, health and morals, nor impairs his normal development; Provided, further,
That the parent or legal guardian shall provide the said minor child with the
prescribed primary and/or secondary education; or
2) Where a child’s employment or participation in public entertainment
or information through cinema, theater, radio or television is essential: Provided,
The employment contract is concluded by the child’s parents or legal guardian,
with the express agreement of the child concerned, if possible, and the approval
of the Department of Labor and Employment: and Provided, That the following
requirements in all instances are strictly complied with: cd
(a) The employer shall ensure the protection, health, safety, morals
and normal development of the child;
(b) The employer shall institute measures to prevent the child’s
exploitation or discrimination taking into account the system and level of
remuneration, and the duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a continuing program
for training and skills acquisition of the child.
In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the Department
of Labor and Employment which shall ensure observance of the above requirements.
499
The Department of Labor and Employment shall promulgate rules and regulations
necessary for the effective implementation of this SECTION.”
SECTION 2. All laws, decrees, executive orders, rules and regulations or parts thereof contrary to,
or inconsistent with this Act are hereby modified or repealed accordingly.
SECTION 3. This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers or general circulation whichever comes earlier.
500
Title of Law: An Act Integrating Drug Prevention And Control In The Intermediate And
Secondary Curricula As Well As In The Non-Formal, Informal And Indigenous Learning
Systems And For Other Purposes
Short Title: N/A

Amended by: N/A

AN ACT INTEGRATING DRUG PREVENTION AND CONTROL IN THE INTERMEDIATE AND SECONDARY
CURRICULA AS WELL AS IN THE NON-FORMAL, INFORMAL AND INDIGENOUS LEARNING SYSTEMS
SECTION 1. There shall be integrated in the intermediate and secondary curricula whether in
public or private schools as well as in the non-formal, informal and indigenous learning programs the ill
effects of drugs abuse, drug addiction, or drug dependency.
SECTION 2. The Department of Education, Culture and Sports in coordination with the
Department of Health and the Dangerous Drugs Board shall promulgate such rules and regulations as
may be necessary for effective implementation of this Act.
SECTION 3. The Department of Education, Culture and Sports may enlist the assistance of any
government agency or instrumentality to carry out the objectives of this Act.
SECTION 4. All instructional materials needed by the public schools to teach the subject matter
as provided under this Act shall be supplied by the Department of Education, Culture and Sports.
SECTION 5. This Act shall take effect upon its approval.
501
Title of Law: An Act Providing For Stronger Deterrence And Special Protection Against Child
Abuse, Exploitation And Discrimination, And For Other Purposes
Short Title: Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Category of Child’s Rights: Survival and Development, Protection
Type of Law: Criminal and Civil
Amended by: Amended by RA Nos. 9231, RA No. 7658

Implementing Rules and Regulation: Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases (R.A. No. 7610), (October 1993); see Rules and Regulations
Implementing Republic Act No. 9231 Amending R.A. 7610, as Amended, DOLE Department
Order No. 065-04 (July 26, 2004); Rules and Regulations Implementing Republic Act No. 7658,
Department Order No. 18 (May 12, 1994)
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION, AND FOR
OTHER PURPOSES
ARTICLE I
Title, Policy, Principles and Definitions of Terms
SECTION 1. Title. — This Act shall be known as the “Special Protection of Children Against Abuse,
Exploitation and Discrimination Act.”
SECTION 2. Declaration of State Policy and Principles. — It is hereby declared to be the

policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty
exploitation and discrimination and other conditions, prejudicial their development; provide sanctions
for their commission and carry out a program for prevention and deterrence of and crisis intervention
in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the
child when the parent, guardian, teacher or person having care or custody of the child fails or is unable
to protect the child against abuse, exploitation and discrimination or when such acts against the child
are committed by the said parent, guardian, teacher or person having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal development and
over which they have no control.
The best interests of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy life.
SECTION 3. Definition of Terms. —
502
(a) “Children” refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;
(b) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent
incapacity or death.
(c) “Circumstances which gravely threaten or endanger the survival and normal
development of children” include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and morals which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without
the care of parents or a guardian or any adult supervision needed for their
welfare;
(4) Being a member of a indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/
or lacks or has inadequate access to basic services needed for a good
quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety
or normal development of children.
(d) “Comprehensive program against child abuse, exploitation and discrimination” refers
to the coordinated program of services and facilities to protect children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuse; and
(5) Circumstances which threaten or endanger the survival and normal development
of children.
503
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
SECTION 4. Formulation of the Program. — There shall be a comprehensive program to be

formulated by the Department of Justice and the Department of Social Welfare and Development in
coordination with other government agencies and private sector concerned, within one (1) year from
the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child
trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which
endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
SECTION 5. Child Prostitution and Other Sexual Abuse. — Children, whether male or female,
who for money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration, goods or other pecuniary benefit to a child
with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution or subjected to other sexual abuse; Provided, That when
the victim is under twelve (12) years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case
may be: Provided, That the penalty for lascivious conduct when the victim is under
twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of
the establishment where the prostitution takes place, or of the sauna, disco,
bar, resort, place of entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the license has been
issued to said establishment.
SECTION 6. Attempt to Commit Child Prostitution. — There is an attempt to commit child

prostitution under SECTION 5, paragraph (a) hereof when any person who, not being a relative of
a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded
504
area under circumstances which would lead a reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of SECTION 5 hereof
when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health
club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the
consummated felony under SECTION 5 hereof shall be imposed upon the principals of the attempt to
commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal
Code.
ARTICLE IV
Child Trafficking
SECTION 7. Child Trafficking. — Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money, or for any
other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.
SECTION 8. Attempt to Commit Child Trafficking. — There is an attempt to commit child

trafficking under SECTION 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development
or written permit or justification from the child’s parents or legal guardian;
(b) When a pregnant mother executes an affidavit of consent for adoption for a
consideration;
(c) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking;
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar
or any other person simulates birth for the purpose of child trafficking; or cd
(e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-caring institutions who
can be offered for the purpose of child trafficking.
A penalty lower by two (2) degrees than that prescribed for the consummated felony under
SECTION 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under
this Act.
ARTICLE V
Obscene Publications and Indecent Shows
SECTION 9. Obscene Publications and Indecent Shows. — Any person who shall hire, employ,
use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or pornographic materials or to sell or distribute the
said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age,
the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie
or show or in any other acts covered by this Section shall suffer the penalty of prision mayor in its
medium period.
505
ARTICLE VI
Other Acts of Abuse
SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child’s Development. —
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or
be responsible for other conditions prejudicial to the child’s development including
those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who is ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places shall suffer the penalty
of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person
who is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a
social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act
to keep or have in his company a minor as provided in the preceding paragraph
shall suffer the penalty of prision mayor in its medium period and a fine of not
less than Forty thousand pesos (P40,000); Provided, however, That should the
perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to
be imposed shall be prision mayor in its maximum period, a fine of not less than
Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such
place or places any minor herein described shall be imposed a penalty of prision
mayor in its medium period and a fine of not less than Fifty thousand pesos
(P50,000), and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child
to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in
its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248,
249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for
the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively,
shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the
commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the
offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher
than that imposed by law when the victim is under twelve (12) years of age.
The victim of the acts committed under this Section shall be entrusted to the care of the
Department of Social Welfare and Development.
506
ARTICLE VII
Sanctions for Establishments or Enterprises
SECTION 11. Sanctions for Establishments or Enterprises which Promote, Facilitate, or

Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. — All establishments and enterprises which
promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications
and indecent shows, and other acts of abuse shall be immediately closed and their authority or license
to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this
Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words “off limits” shall
be conspicuously displayed outside the establishments or enterprises by the Department of Social
Welfare and Development for such period which shall not be less than one (1) year, as the Department
may determine. The unauthorized removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under this Act or in violation of
the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment
agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children
in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said
services include any lascivious conduct with the customers; or solicits children for activities constituting
the aforementioned acts shall be deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
SECTION 12. Employment of Children. — Children below fifteen (15) years of age may be
employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and
where only members of the employer’s family are employed: Provided, however, That his employment
neither endangers his life, safety and health and morals, nor impairs his normal development: Provided,
further, That the parent or legal guardian shall provide the said minor child with the prescribed primary
and/or secondary education; or
(2) When a child’s employment or participation in public & entertainment or information through
cinema, theater, radio or television is essential: Provided, The employment contract concluded by the
child’s parent or guardian, with the express agreement of the child concerned, if possible, and the
approval of the Department of Labor and Employment: Provided, That the following requirements in all
instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child’s exploitation or discrimination
taking into account the system and level of remuneration, and the duration and
arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and skill acquisition of
the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement.
The Department of Labor and Employment shall promulgate rules and regulations necessary
for the effective implementation of this SECTION.
507
SECTION 13. Non-formal Education for Working Children. — The Department of Education,
Culture and Sports shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not undergone
or finished elementary or secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances.
SECTION 14. Prohibition on the Employment of Children in Certain Advertisements. — No

person shall employ child models in all commercials or advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and violence.
SECTION 15. Duty of Employer. — Every employer shall comply with the duties provided for in
Articles 108 and 109 of Presidential Decree No. 603.
SECTION 16. Penalties. — Any person who shall violate any provision of this Article shall suffer
the penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand
pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years,
or both at the discretion of the court: Provided, That, in case of repeated violations of the provisions of
this Article, the offender’s license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
SECTION 17. Survival, Protection and Development. — In addition to the rights guaranteed to
children under this Act and other existing laws, children of indigenous cultural communities shall be
entitled to protection, survival and development consistent with the customs and traditions of their
respective communities.
SECTION 18. System of and Access to Education. — The Department of Education, Culture and
Sports shall develop and institute an alternative system of education for children of indigenous cultural
communities which is culture-specific and relevant to the needs of and the existing situation in their
communities. The Department of Education, Culture and Sports shall also accredit and support non-
formal but functional indigenous educational programs conducted by non-governmental organizations
in said communities.
SECTION 19. Health and Nutrition. — The delivery of basic social services in health and nutrition
to children of indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to children of
indigenous cultural communities, indigenous health practices shall be respected and recognized.
SECTION 20. Discrimination. — Children of indigenous cultural communities shall not be

subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer
a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos
(P5,000) nor more than Ten thousand pesos (P10,000).
SECTION 21. Participation. — Indigenous cultural communities, through their duly-designated or

appointed representatives shall be involved in planning, decision-making implementation, and evaluation
of all government programs affecting children of indigenous cultural communities. Indigenous institution
shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
SECTION 22. Children as Zones of Peace. — Children are hereby declared as Zones of Peace.
It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in
508
order to promote the goal of children as zones of peace. To attain this objective, the following policies
shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines or its civilian units or other armed groups, nor be allowed to take part
in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non-government institutions shall
be ensured. They shall not be subjected to undue harassment in the performance
of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized
for military purposes such as command posts, barracks, detachments, and supply
depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
SECTION 23. Evacuation of Children During Armed Conflict. — Children shall be given priority
during evacuation as a result of armed conflict. Existing community organizations shall be tapped to
look after the safety and well-being of children during evacuation operations. Measures shall be taken
to ensure that children evacuated are accompanied by persons responsible for their safety and well-
being.
SECTION 24. Family Life and Temporary Shelter. — Whenever possible, members of the same
family shall be housed in the same premises and given separate accommodation from other evacuees
and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and
nursing mothers and children shall be given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor
games.
SECTION 25. Rights of Children Arrested for Reasons Related to Armed Conflict. — Any child
who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy
is entitled to the following rights:
(a) Separate detention from adults except where families are accommodated as family
units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardian of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of
the Department of Social Welfare and Development or any responsible member
of the community as determined by the court.
If after hearing the evidence in the proper proceeding the court should find that the aforesaid
child committed the acts charged against him, the court shall determine the imposable penalty, including
any civil liability chargeable against him. However, instead of pronouncing judgment of conviction,
the court shall suspend all further proceedings and shall commit such child to the custody or care
of the Department of Social Welfare and Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible person, until he has had reached
eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the
509
reports and recommendations of the Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such other officer as
the court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.
SECTION 26. Monitoring and Reporting of Children in Situations of Armed Conflict. — The
chairman of the barangay affected by the armed conflict shall submit the names of children residing in
said barangay to the municipal social welfare and development officer within twenty-four (24) hours
from the occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
SECTION 27. Who May File a Complaint. — Complaints on cases of unlawful acts committed
against children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned, responsible citizens where the violation occurred.
SECTION 28. Protective Custody of the Child. — The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and Development pursuant
to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the
Department of Social Welfare and Development shall be free from any administrative, civil or criminal
liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
SECTION 29. Confidentiality. — At the instance of the offended party, his name may be withheld
from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer and director
of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of the offended party.
SECTION 30. Special Court Proceedings. — Cases involving violations of this Act shall be
heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and
Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas
corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act
No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of
this Act.
510
ARTICLE XII
Common Penal Provisions
SECTION 31. Common Penal Provisions. —

(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee
thereof who is responsible for the violation of this Act shall suffer the penalty
imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent, guardian, stepparent or collateral relative
within the second degree of consanguinity or affinity, or a manager or owner of
an establishment which has no license to operate or its license has expired or has
been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty
imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual
or temporary absolute disqualification shall also be imposed: Provided, finally,
That if the penalty imposed is prision correccional or arresto mayor, the penalty
of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash
fund by the Department of Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate member of his family if the
latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
SECTION 32. Rules and Regulations. — Unless otherwise provided in this Act, the Department
of Justice, in coordination with the Department of Social Welfare and Development, shall promulgate
rules and regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers
is hereby authorized to be appropriated in the General Appropriations Act of the year following its
enactment into law and thereafter.
SECTION 34. Separability Clause. — If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.
SECTION 35. Repealing Clause. — All laws, decrees, or rules inconsistent with the provisions of
this Acts are hereby repealed or modified accordingly.
SECTION 36. Effectivity Clause. — This Act shall take effect upon completion of its publication
in at least two (2) national newspapers of general circulation.
511
Title of Law: An Act To Help Poor But Deserving Students Pursue Their Education By
Encouraging Their Employment During Summer And/Or Christmas Vacations, Through
Incentives Granted To Employers, Allowing Them To Pay Only Sixty Per Centum Of Their
Salaries Or Wages And The Forty Per Centum Through Education Vouchers To Be Paid By
The Government, Prohibiting And Penalizing The Filing Of Fraudulent Or Fictitious Claims,
And For Other Purposes
Short Title: N/A
Amended by: Amended by RA No. 10917, RA No. 9547

No. 10917 Amending for the Purpose Republic Acts 9547 and 7323, Otherwise Known as the
Special Program for Employment of Students (SPES), DOLE Department Order No. 175, S. 2017
(March 20, 2017)
AN ACT TO HELP POOR BUT DESERVING STUDENTS PURSUE THEIR EDUCATION BY ENCOURAGING
THEIR EMPLOYMENT DURING SUMMER AND/OR CHRISTMAS VACATIONS, THROUGH INCENTIVES
GRANTED TO EMPLOYERS, ALLOWING THEM TO PAY ONLY SIXTY PER CENTUM OF THEIR SALARIES
OR WAGES AND THE FORTY PER CENTUM THROUGH EDUCATION VOUCHERS TO BE PAID BY THE
GOVERNMENT, PROHIBITING AND PENALIZING THE FILING OF FRAUDULENT OR FICTITIOUS CLAIMS,
SECTION 1. Any provision of law to the contrary notwithstanding, any person or entity
employing at least fifty (50) persons may during the summer and/or Christmas vacation employ poor
but deserving students fifteen (15) years of age but not more than twenty-five (25) years old, paying
them a salary or wage not lower than the minimum wage provided by law and other applicable labor
For purposes of this Act, poor but deserving students refer to those whose parents’ combined
incomes, together with their income, if any, do not exceed Thirty-six thousand pesos (P36,000) per
annum. Employment should be at the Labor Exchange Center of the Department of Labor and
Employment (DOLE).
SECTION 2. Sixty per centum (60%) of said salary or wage shall be paid by the employer in cash
and forty per centum (40%) by the Government in the form of a voucher which shall be applicable in the
payment for his tuition fees and books in any educational institution for secondary, tertiary, vocational
or technological education. The amount of the education voucher shall be paid by the Government
to the educational institution concerned within thirty (30) days from its presentation to the officer or
agency designated by the Secretary of Finance.
The voucher shall not be transferable except when the payee thereof dies or for a justifiable
cause stops in his duties in which case it can be transferred to his brothers or sisters. If there be none,
the amount thereof shall be paid his heirs or to the payee himself, as the case may be.
512
SECTION 3. The Secretary of Labor and Employment, the Secretary of Education, Culture and
Sports and the Secretary of Finance shall issue the corresponding rules and regulations to carry out
the purposes of this Act.
The Secretary of Labor and Employment shall be the Project Director of this program.
SECTION 4. Any person or entity who shall make any fraudulent or fictitious claim under this Act,
regardless of whether payment has been made, shall upon conviction be punished with imprisonment
of not less than six (6) months and not more than one (1) year and a fine of not less than Ten thousand
pesos (P10,000), without prejudice to their prosecution and punishment for any other offenses
punishable under the Revised Penal Code or any other penal statute.
In case of partnerships or corporations, the managing partner, general manager, or chief

executive officer, as the case may be, shall be criminally liable.
SECTION 5. The amount necessary to carry out the purposes of this Act is hereby authorized
to be appropriated in the General Appropriations Act for 1992 and the subsequent annual general
appropriations acts.
SECTION 6. This Act shall take effect after its publication in the Official Gazette or in at least two
(2) national newspapers of general circulation.
513
Title of Law: An Act Establishing A Day Care Center In Every Barangay, Instituting Therein A
Total Development And Protection Of Children Program, Appropriating Funds Therefor, And
For Other Purposes
Short Title: Barangay-Level Total Development and Protection of Children Act

Amended by: N/A

AN ACT ESTABLISHING A DAY CARE CENTER IN EVERY BARANGAY, INSTITUTING THEREIN A TOTAL
DEVELOPMENT AND PROTECTION OF CHILDREN PROGRAM, APPROPRIATING FUNDS THEREFOR,
SECTION 1. Title. — This Act shall be known as the “Barangay-Level Total Development and
Protection of Children Act.”
SECTION 2. Declaration of Policy. — It is hereby declared to be the policy of the State to

defend the right of the children to assistance, including proper care and nutrition, and to provide them
with special protection against all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development.
Filipino children up to six (6) years of age deserve the best care and attention at the family and
community levels. Towards this end, there is hereby established a day care center in every barangay
with a total development and protection of children program as provided in this Act instituted in every
barangay day care center.
SECTION 3. Program Framework. — The total development and protection of children program
for day care centers shall be provided for children up to six (6) years of age with the consent of
parents: Provided, however, That, in case of abused, neglected or exploited children, such consent shall
not be required. The program shall include the following:
(a) Monitoring of registration of births and the completion of the immunization series for
prevention of tuberculosis, diphtheria, tetanus, measles, poliomyelitis and such
other diseases for which vaccines have been developed for administration to
children up to six (6) years of age:
(b) Growth and nutritional monitoring, with supplementary nutritional feeding and
supervision of nutritional intake at home:
(c) Care for children of working mothers during the day and, where feasible, care for
children up to six (6) years of age when mothers are working at night: Provided,
That the day care center need not take care of children in a particular place but
shall develop network of homes where women may take care of the children
up to six (6) years of age of working mothers during work hours, with adequate
supervision from the supervising social welfare officer of the Department of
514
Social Welfare and Development: Provided, further, That, where young children
are left to the care of paid domestic, an elderly relative or older children without
adequate and competent adult supervision, the supervising social welfare officer
shall provide such training and adult supervision until the children’s care meets
adequate standards whereby the children under their care will develop normally
as healthy, happy and loved children, even in the absence of their mothers during
working hours;
(d) Materials and network of surrogate mothers-teachers who will provide intellectual and
mental stimulation to the children, as well as supervised wholesome recreation,
with a balanced program of supervised play, mental stimulation activities, and
group activities with peers; cd
(e) A sanctuary for abused, neglected or exploited children either in one child institution
in the barangay and/or network of sanctuary-homes which will take in children in
urgent need of protection due to a situation which endangers the child or which
has exposed the child to cruelty and abuse: Provided, that the day care center,
with the help and support of the barangay chairman and their barangay-level
support systems, may call upon law enforcement agencies when the child needs
to be rescued from an unbearable home situation;
(f) A referral and support system for pregnant mothers for prenatal and neonatal care and,
in the proper case, for delivery of the infant under conditions which will remove
or minimize risk to mother and child. Provided, That high-risk mothers shall be
referred to the proper tertiary or secondary care service personnel and children
who are at risk from any condition or illness will be brought for care: Provided,
further, That the day care center shall be alert to illegal abortions and incompetent
and untrained hilots so that they are provided the needed basic training for normal
delivery and are trained to recognize high-risk pregnancies which should be
referred to competent obstetrical and pediatric medical care for mother and child
who are at risk; and
(g) A support system and network of assistance from among the members of the
barangay for the total development and protection of children.
SECTION 4. Implementing Agency. — The program shall be implemented by the barangay.
The sangguniang barangay may call upon private volunteers, who are responsible members of
the community, and utilize them to assist in the care of children and provide consultative services for
medical, educational, and other needs of the children.
SECTION 5. Functions of the Department of Social Welfare and Development. — The Department
shall:
(a) Formulate the criteria for the selection, qualifications, and training accreditation of
barangay day care workers and the standards for the implementation of the total
development and protection of children program;
(b) Coordinate activities of nongovernment organizations with the day care workers and
other social workers of the Department in order that their services may be fully
utilized for the attainment of the program goals; and
(c) Protect and assist abused, neglected or exploited children and secure proper
government assistance for said children.
SECTION 6. Funds for the Center, the Program and Day Care Workers. — (a) The funds for
the establishment, maintenance and operation of barangay day care centers shall be appropriated
from the national budget and shall be included in the annual General Appropriations Act as part of the
budget of the Department of Social Welfare and Development.
515
(b) The province, city or municipality concerned shall provide financial assistance for the
establishment of every barangay day care center within their respective locality.
(c) Barangay day care workers in accredited day care centers shall receive a monthly allowance
of not less than Five hundred pesos (P500.00) to be charged to the annual appropriations of the
Department of Social Welfare and Development.
(d) In order to carry out the provisions of this Act, the amount needed for the program and
day care workers shall be appropriated in the General Appropriations Act of the year following its
enactment into law.
(e) A portion of health programs available to the Philippines under official aid or official debt
arrangements from foreign countries, the amount to be determined by the Office of the President, shall
be extended in support of the day care centers.
SECTION 7. Repealing Clause. — All laws, decrees, rules and regulations, and executive orders
contrary to or inconsistent with this Act are hereby repealed or modified accordingly.
SECTION 8. Effectivity. — This Act shall take effect upon its approval and completion if its
publication in at least two (2) national newspapers of general circulation.
516
Title of Law: An Act Lowering The Age Of Majority From Twenty-One To Eighteen Years,
Amending For The Purpose Executive Order Numbered Two Hundred Nine, And For Other
Purposes
Short Title: N/A

Type of Law: Civil

Amended by: N/A
AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING
FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER
PURPOSES
SECTION 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is hereby
amended to read as follows:
“Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise
provided, majority commences at the age of eighteen years.”
SECTION 2. Articles 235 and 237 of the same Code are hereby repealed.
SECTION 3. Article 236 of the same Code is also hereby amended to read as follows:
“Art. 236. Emancipation shall terminate parental authority over the person and
property of the child who shall then be qualified and responsible for all acts of civil life,
save the exceptions established by existing laws in special cases.
“Contracting marriage shall require parental consent until the age of twenty-one.
“Nothing in this Code shall be construed to derogate from the duty or responsibility
of parents and guardians for children and wards below twenty-one years of age mentioned
in the second and third paragraphs of Article 2180 of the Civil Code.”
SECTION 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants, insurance
policies and similar instruments containing references and provisions favorable to minors will not retroact
to their prejudice.
SECTION 5. This Act shall take effect upon completion of its publication in at least two (2) newspapers
517
Title of Law: An Act Establishing And Providing For A Free Public Secondary Education And For
Other Purposes
Short Title: Free Public Secondary Education Act of 1988

Amended by: N/A
AN ACT ESTABLISHING AND PROVIDING FOR A FREE PUBLIC SECONDARY EDUCATION AND FOR
OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the “Free Public Secondary Education Act of
1988.”
SECTION 2. Declaration of Policy. — It is the policy of the State to provide for a free public
secondary education to all qualified citizens and to promote quality education at all levels.
SECTION 3. Definitions. — For purposes of this Act, the following terms shall mean:
a) Free Public Secondary Education. — Means that the students enrolled in secondary
course offerings in national high schools, general comprehensive high schools,
state colleges and universities, specialized schools, trade, technical, vocational,
fishery and agricultural schools, and in schools established, administered,
maintained and funded by local government units, including city, provincial,
municipal and barangay high schools, and those public high schools which may
be established by law, shall be free from payment of tuition and other school fees;
b) Tuition Fee. — Refers to the fee representing direct costs of instruction, training and
other related activities and for the students’ use of the instruction and training
facilities;
c) Other School Fees. — Refer to those fees which cover the other necessary costs
supportive of instruction, including but not limited to medical and dental, athletic,
library, laboratory and Citizens Army Training (CAT) fees.
However, fees related to membership in the school community such as identification cards,
student organizations and publications may be collected, provided that nonpayment to these fees shall
not in any case be a bar to the enrollment or graduation of any student.
SECTION 4. Implementation of Free Public Secondary Education. — The system of free public
secondary education as provided in this Act shall commence in School Year 1988-1989, and that the
students enrolled in secondary course offerings in national and general comprehensive high schools,
state colleges and universities, specialized schools, trade, technical, vocational, fishery and agricultural
518
schools, and in schools established, administered, maintained and funded by local government units,
including city, provincial, municipal and barangay high schools and those public high schools which
may be established by law, shall be free from payment of tuition and other school fees, except fees
related to membership in the school community such as identification cards, student organizations and
publications which may be collected: Provided, That nothing in this Act shall cause or authorize the
reduction or removal of any benefit which the national or local government may have granted to the
students, teachers and other school personnel of these public high schools prior to the enactment of
this Act.
SECTION 5. Formulation of a Secondary Education Curriculum. — The Department of Education,

Culture and Sports shall formulate a secondary education curriculum in order to upgrade its quality,
efficiency and access. In addition to providing the high school students with general skills, knowledge
and values, such a curriculum must include vocational and technical courses that will give the students
gainful employment.
SECTION 6. Limitation. — The right of any student to avail of free public high school shall
terminate if he fails for two (2) consecutive school years in the majority of the academic subjects in
which he is enrolled during the course of his study unless such failure is due to some valid cause.
SECTION 7. Nationalization of Public Secondary Schools. — To effectively implement the

system, the establishment, renaming, conversion, integration, separation, administration, supervision
and control of all public secondary schools and public secondary school teachers and other school
personnel, including the payment of their salaries, allowances and other fringe benefits as well as those
already provided by local governments are hereby vested in the Department of Education, Culture and
Sports.
SECTION 8. Priority in Admission. — Graduates of public elementary schools in a municipality shall

be given priority in admission when the present facilities in the same municipality cannot accommodate
all of those applying for enrollment in the public high schools.
SECTION 9. Implementing Rules and Regulations. — The Secretary of Education, Culture and
Sports shall issue the necessary rules and regulations to implement this Act.
SECTION 10. Funding. — The President is hereby authorized to realign or transfer any item
of appropriation within the Department of Education, Culture and Sports and/or utilize any savings
therein to carry out the purposes of this Act. Whatever additional amount as may be needed for its
implementation shall be included in the General Appropriations Acts for the ensuing fiscal years.
SECTION 11. Repealing Clause. — All laws or parts thereof, inconsistent with any provision of this
Act shall be deemed repealed or modified as the case may be.
519
Executive Order Number: Executive Order No. 209
Title of Law: The Family Code Of The Philippines
Short Title: The Family Code Of The Philippines

Category of Child’s Rights: Survival, Development, Protection and Participation
Amended by: Amended by EO No. 227, RA 8533, RA 6809

EXECUTIVE ORDER NO. 209
THE FAMILY CODE OF THE PHILIPPINES
WHEREAS, almost four decades have passed since the adoption of the Civil Code of the
Philippines;
WHEREAS, experience under said Code as well as pervasive changes and developments have
necessitated revision of its provisions on marriage and family relations to bring them closer to Filipino
customs, values and ideals and reflect contemporary trends and conditions;
WHEREAS, there is need to implement policies embodied in the new Constitution that strengthen
marriage and the family as basic social institutions and ensure equality between men and women;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the

powers vested in me, do hereby order and promulgate the Family Code of the Philippines, as follows:
TITLE I
Marriage
CHAPTER 1
Requisites of Marriage
ARTICLE 1. Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and family life. It is the foundation
of the family and an inviolable social institution whose nature, consequences, and incidents are governed
by law and not subject to stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code. (52a)
ARTICLE 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)
520
ARTICLE 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each
other as husband and wife in the presence of not less than two witnesses of legal
age. (53a, 55a)
ARTICLE 4. The absence of any of the essential or formal requisites shall render the marriage void
ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall render the marriage voidable as provided in
Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party
or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)
ARTICLE 5. Any male or female of the age of eighteen years or upwards not under any of the
impediments mentioned in Articles 37 and 38, may contract marriage. (54a)
ARTICLE 6. No prescribed form or religious rite for the solemnization of the marriage is required.
It shall be necessary, however, for the contracting parties to appear personally before the solemnizing
officer and declare in the presence of not less than two witnesses of legal age that they take each
other as husband and wife. This declaration shall be contained in the marriage certificate which shall be
signed by the contracting parties and their witnesses and attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of death is unable to sign
the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name
of said party, which fact shall be attested by the solemnizing officer. (55a)
ARTICLE 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by
his church or religious sect and registered with the civil registrar general, acting
within the limits of the written authority granted him by his church or religious
sect and provided that at least one of the contracting parties belongs to the
solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the cases mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the
latter, during a military operation, likewise only in the cases mentioned in Article
32; or
(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)
ARTICLE 8. The marriage shall be solemnized publicly in the chambers of the judge or in open
court, in the church, chapel or temple, or in the office of the consul-general, consul or vice-consul, as
the case may be, and not elsewhere, except in cases of marriages contracted at the point of death
or in remote places in accordance with Article 29 of this Code, or where both of the parties request
the solemnizing officer in writing in which case the marriage may be solemnized at a house or place
designated by them in a sworn statement to that effect. (57a)
521
ARTICLE 9. A marriage license shall be issued by the local civil registrar of the city or municipality
where either contracting party habitually resides, except in marriages where no license is required in
accordance with Chapter 2 of this Title. (58a)
ARTICLE 10. Marriages between Filipino citizens abroad may be solemnized by a consul-

general, consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license
and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of
marriage shall be performed by said consular official. (75a)
ARTICLE 11. Where a marriage license is required, each of the contracting parties shall file
separately a sworn application for such license with the proper local civil registrar which shall specify
the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous marriage was dissolved or
annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person having charge, in
case the contracting party has neither father nor mother and is under the age of
twenty-one years.
The applicants, their parents or guardians shall not be required to exhibit their residence
certificates in any formality in connection with the securing of the marriage license. (59a) cd
ARTICLE 12. The local civil registrar, upon receiving such application, shall require the
presentation of the original birth certificates or, in default thereof, the baptismal certificates of the
contracting parties or copies of such documents duly attested by the persons having custody of the
originals. These certificates or certified copies of the documents required by this Article need not be
sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the
person issuing the certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to produce his birth or baptismal certificate or a
certified copy of either because of the destruction or loss of the original, or if it is shown by an affidavit
of such party or of any other person that such birth or baptismal certificate has not yet been received
though the same has been required of the person having custody thereof at least fifteen days prior
to the date of the application, such party may furnish in lieu thereof his current residence certificate
or an instrument drawn up and sworn to before the local civil registrar concerned or any public official
authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses
of lawful age, setting forth the full name, residence and citizenship of such contracting party and of
his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the
contracting parties shall be preferred as witnesses, or, in their default, persons of good reputation in
the province or the locality.
The presentation of the birth or baptismal certificate shall not be required if the parents of
the contracting parties appear personally before the local civil registrar concerned and swear to the
522
correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar
shall, by merely looking at the applicants upon their personally appearing before him, be convinced
that either or both of them have the required age. (60a)
ARTICLE 13. In case either of the contracting parties has been previously married, the applicant
shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding
article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or
the judicial decree of annulment or declaration of nullity of his or her previous marriage. In case the
death certificate cannot be secured, the party shall make an affidavit setting forth his circumstance and
his or her actual civil status and the name and date of death of the deceased spouse. (61a)
ARTICLE 14. In case either or both of the contracting parties, not having been emancipated by
a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the
requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage
of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the
order mentioned. Such consent shall be manifested in writing by the interested party, who personally
appears before the proper local civil registrar, or in the form of an affidavit made in the presence of
two witnesses and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications. (61a)
ARTICLE 15. Any contracting party between the age of twenty-one and twenty-five shall be
obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain
such advice, or if it be unfavorable, the marriage license shall not be issued till after three months
following the completion of the publication of the application therefor. A sworn statement by the
contracting parties to the effect that such advice has been sought, together with the written advice
given, if any, shall be attached to the application for marriage license. Should the parents or guardian
refuse to give any advice, this fact shall be stated in the sworn statement. (62a) cd
ARTICLE 16. In the cases where parental consent or parental advice is needed, the party or
parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate
issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code
or a marriage counsellor duly accredited by the proper government agency to the effect that the
contracting parties have undergone marriage counselling. Failure to attach said certificate of marriage
counselling shall suspend the issuance of the marriage license for a period of three months from the
completion of the publication of the application. Issuance of the marriage license within the prohibited
period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the
marriage.
Should only one of the contracting parties need parental consent or parental advice, the other
party must be present at the counselling referred to in the preceding paragraph. (n)
ARTICLE 17. The local civil registrar shall prepare a notice which shall contain the full names
and residences of the applicants for a marriage license and other data given in the applications. The
notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil
registrar located in a conspicuous place within the building and accessible to the general public. This
notice shall request all persons having knowledge of any impediment to the marriage to advise the
local civil registrar thereof. The marriage license shall be issued after the completion of the period of
publication. (63a)
ARTICLE 18. In case of any impediment known to the local civil registrar or brought to his attention,
he shall note down the particulars thereof and his findings thereon in the application for a marriage
license, but shall nonetheless issue said license after the completion of the period of publication, unless
ordered otherwise by a competent court at his own instance or that of any interested party. No filing
fee shall be charged for the petition nor a bond required for the issuance of the order. (64a)
523
ARTICLE 19. The local civil registrar shall require the payment of the fees prescribed by law or
regulations before the issuance of the marriage license. No other sum shall be collected in the nature
of a fee or tax of any kind for the issuance of said license. It shall, however, be issued free of charge
to indigent parties, that is, those who have no visible means of income or whose income is insufficient
for their subsistence, a fact established by their affidavit or by their oath before the local civil registrar.
(65a)
ARTICLE 20. The license shall be valid in any part of the Philippines for a period of one hundred
twenty days from the date of issue, and shall be deemed automatically cancelled at the expiration of
said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold
characters on the face of every license issued. (65a)
ARTICLE 21. When either or both of the contracting parties are citizens of a foreign country, it
shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal
capacity to contract marriage, issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit stating the circumstances showing such capacity to
contract marriage. (66a)
ARTICLE 22. The marriage certificate, in which the parties shall declare that they take each
other as husband and wife, shall also state:
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to law, except in marriages
provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the parental consent in
appropriate cases;
(6) That either or both of the contracting parties have complied with the legal requirement
regarding parental advice in appropriate cases; and
(7) That the parties have entered into marriage settlements, if any, attaching a copy
thereof. (67a) cd
ARTICLE 23. It shall be the duty of the person solemnizing the marriage to furnish either of
the contracting parties the original of the marriage certificate referred to in Article 6 and to send the
duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the
local civil registrar of the place where the marriage was solemnized. Proper receipts shall be issued
by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate.
The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the
original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the
solemnization of the marriage in place other than those mentioned in Article 8. (68a)
ARTICLE 24. It shall be the duty of the local civil registrar to prepare the documents required
by this Title, and to administer oaths to all interested parties without any charge in both cases. The
documents and affidavits filed in connection with applications for marriage licenses shall be exempt
from documentary stamp tax. (n)
ARTICLE 25. The local civil registrar concerned shall enter all applications for marriage licenses
filed with him in a registry book strictly in the order in which the same are received. He shall record in
said book the names of the applicants, the date on which the marriage license was issued, and such
other data as may be necessary. (n)
524
ARTICLE 26. All marriages solemnized outside the Philippines in accordance with the laws in
force in the country where they were solemnized, and valid there as such, shall also be valid in this
country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. (71a)
CHAPTER 2
Marriages Exempt from the License Requirement
ARTICLE 27. In case either or both of the contracting parties are at the point of death, the
marriage may be solemnized without the necessity of a marriage license and shall remain valid even if
the ailing party subsequently survives. (72a)
ARTICLE 28. If the residence of either party is so located that there is no means of transportation
to enable such party to appear personally before the local civil registrar, the marriage may be solemnized
without the necessity of a marriage license. (72a)
ARTICLE 29. In the cases provided for in the two preceding articles, the solemnizing officer
shall state in an affidavit executed before the local civil registrar or any other person legally authorized
to administer oaths that the marriage was performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that there is no means of transportation to enable
such party to appear personally before the local civil registrar and that the officer took the necessary
steps to ascertain the ages and relationship of the contracting parties and the absence of a legal
impediment to the marriage. (72a)
ARTICLE 30. The original of the affidavit required in the last preceding article, together with
a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the
local civil registrar of the municipality where it was performed within the period of thirty days after the
performance of the marriage. (73a)
ARTICLE 31. A marriage in articulo mortis between passengers or crew members may also be
solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in
flight, but also during stopovers at ports of call. (74a)
ARTICLE 32. A military commander of a unit, who is a commissioned officer, shall likewise
have authority to solemnize marriages in articulo mortis between persons within the zone of military
operation, whether members of the armed forces or civilians. (74a)
ARTICLE 33. Marriages among Muslims or among members of the ethnic cultural communities
may be performed validly without the necessity of a marriage license, provided that they are solemnized
in accordance with their customs, rites or practices. (78a)
ARTICLE 34. No license shall be necessary for the marriage of a man and a woman who have
lived together as husband and wife for at least five years and without any legal impediment to marry
each other. The contracting parties shall state the foregoing facts in an affidavit before any person
authorized by law to administer oaths. The solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.
(76a)
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CHAPTER 3
Void and Voidable Marriages
ARTICLE 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted with either or both parties believing in good faith
that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without a license, except those covered by the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void under Article 53.
ARTICLE 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise
be void even if such incapacity becomes manifest only after its solemnization.
The action for declaration of nullity of the marriage under this Article shall prescribe in ten years
after its celebration. (n)
ARTICLE 37. Marriages between the following are incestuous and void from the beginning,
whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
ARTICLE 38. The following marriages shall be void from the beginning for reasons of public
policy:
(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth
civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other
person’s spouse or his or her own spouse. (82a)
ARTICLE 39. The action or defense for the declaration of absolute nullity of a marriage shall not
prescribe, except as provided in Article 36. (n)
ARTICLE 40. The absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment declaring such previous marriage void. (n)
526
ARTICLE 41. A marriage contracted by any person during the subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had
been absent for four consecutive years and the spouse present had a well-founded belief that the
absent spouse was already dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years
shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph, the
spouse present must institute a summary proceeding as provided in this Code for the declaration of
presumptive death of the absentee, without prejudice to the effect of reappearance of the absent
spouse. (83a)
ARTICLE 42. The subsequent marriage referred to in the preceding Article shall be automatically
terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a
judgment annulling the previous marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil
registry of the residence of the parties to the subsequent marriage at the instance of any interested
person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact
of reappearance being judicially determined in case such fact is disputed. (n)
ARTICLE 43. The termination of the subsequent marriage referred to in the preceding Article
shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its termination shall be
considered legitimate, and their custody and support in case of dispute shall be
decided by the court in a proper proceeding;
(2) The absolute community of property or the conjugal partnership, as the case may be,
shall be dissolved and liquidated, but if either spouse contracted said marriage in
bad faith, his or her share of the net profits of the community property or conjugal
partnership property shall be forfeited in favor of the common children or, if there
are none, the children of the guilty spouse by a previous marriage or in default of
children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee contracted
the marriage in bad faith, such donations made to said donee are revoked by
operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who acted
in bad faith as a beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified
to inherit from the innocent spouse by testate and intestate succession. (n)
ARTICLE 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall
be void ab initio and all donations by reason of marriage and testamentary dispositions made by one
in favor of the other are revoked by operation of law. (n)
ARTICLE 45. A marriage may be annulled for any of the following causes, existing at the time
of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized
without the consent of the parents, guardian or person having substitute parental
authority over the party, in that order, unless after attaining the age of twenty-one,
such party freely cohabited with the other and both lived together as husband
and wife;
527
(2) That either party was of unsound mind, unless such party, after coming to reason,
freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the
other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter
freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable. (85a)
ARTICLE 46. Any of the following circumstances shall constitute fraud referred to in number 3
of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime
involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant
by a man other than her husband;
(3) Concealment of a sexually-transmissible disease, regardless of its nature, existing at
the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism
existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall

constitute such fraud as will give grounds for action for the annulment of marriage. (86a)
ARTICLE 47. The action for annulment of marriage must be filed by the following persons and
within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45, by the party whose parent or guardian
did not give his or her consent, within five years after attaining the age of twenty-
one; or by the parent or guardian or person having legal charge of the minor, at
any time before such party reaches the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the sane spouse who had no
knowledge of the other’s insanity; by any relative, guardian or person having legal
charge of the insane, at any time before the death of either party; or by the insane
spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years
after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years
from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five
years after the marriage. (87a)
ARTICLE 48. In all cases of annulment or declaration of absolute nullity of marriage, the court
shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take
steps to prevent collusion between the parties and to take care that evidence is not fabricated or
suppressed.
528
In the cases referred to in the preceding paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment. (88a)
ARTICLE 49. During the pendency of the action and in the absence of adequate provisions in
a written agreement between the spouses, the court shall provide for the support of the spouses and
the custody and support of their common children. The court shall give paramount consideration to
the moral and material welfare of said children and their choice of the parent with whom they wish
to remain as provided for in Title IX. It shall also provide for appropriate visitation rights of the other
parent. (n)
ARTICLE 50. The effects provided for in paragraphs (2) , (3), (4) and (5) of Article 43 and in
Article 44 shall also apply in proper cases to marriages which are declared void ab initio or annulled by
final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and distribution of
the properties of the spouses, the custody and support of the common children, and the delivery of
their presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal partnership
shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and 129.
ARTICLE 51. In said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or
sound securities, unless the parties, by mutual agreement judicially approved, had already provided for
such matters.
The children or their guardian, or the trustee of their property, may ask for the enforcement of
the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
ultimate successional rights of the children accruing upon the death of either or both of the parents;
but the value of the properties already received under the decree of annulment or absolute nullity shall
be considered as advances on their legitime. (n)
ARTICLE 52. The judgment of annulment or of absolute nullity of the marriage, the partition and
distribution of the properties of the spouses, and the delivery of the children’s presumptive legitimes
shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall
not affect third persons. (n)
ARTICLE 53. Either of the former spouses may marry again after complying with the requirements
of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
ARTICLE 54. Children conceived or born before the judgment of annulment or absolute nullity of
the marriage under Article 36 has become final and executory, shall be considered legitimate. Children
conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
TITLE II
Legal Separation
ARTICLE 55. A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner,
a common child, or a child of the petitioner;
529
(2) Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than
one year.
For purposes of this Article the term “child” shall include a child by nature or by adoption. (97a)
ARTICLE 56. The petition for legal separation shall be denied on any of the following grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act
complained of;
(3) Where there is connivance between the parties in the commission of the offense or
act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain the decree of legal separation;
or
(6) Where the action is barred by prescription. (100a)
ARTICLE 57. An action for legal separation shall be filed within five years from the time of the
occurrence of the cause. (102a)
ARTICLE 58. An action for legal separation shall in no case be tried before six months shall have
elapsed since the filing of the petition. (103)
ARTICLE 59. No legal separation may be decreed unless the court has taken steps toward
the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly
improbable. (n)
ARTICLE 60. No decree of legal separation shall be based upon a stipulation of facts or a
confession of judgment.
In any case, the court shall order the prosecuting attorney or fiscal assigned to it to take
steps to prevent collusion between the parties and to take care that the evidence is not fabricated or
suppressed. (101a)
ARTICLE 61. After the filing of the petition for legal separation, the spouses shall be entitled to
live separately from each other.
530
The court, in the absence of a written agreement between the spouses, shall designate either
of them or a third person to administer the absolute community or conjugal partnership property. The
administrator appointed by the court shall have the same powers and duties as those of a guardian
under the Rules of Court. (104a)
ARTICLE 62. During the pendency of the action for legal separation, the provisions of Article 49
shall likewise apply to the support of the spouses and the custody and support of the common children.
(105a)
ARTICLE 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage
bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated
but the offending spouse shall have no right to any share of the net profits earned
by the absolute community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43 (2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to
the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse made
in the will of the innocent spouse shall be revoked by operation of law. (106a)
ARTICLE 64. After the finality of the decree of legal separation, the innocent spouse may revoke
the donations made by him or by her in favor of the offending spouse, as well as the designation of
the latter as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable.
The revocation of the donations shall be recorded in the registries of property in the places where
the properties are located. Alienations, liens and encumbrances registered in good faith before the
recording of the complaint for revocation in the registries of property shall be respected. The revocation
of or change in the designation of the insurance beneficiary shall take effect upon written notification
thereof to the insured.
The action to revoke the donation under this Article must be brought within five years from the
time the decree of legal separation has become final. (107a)
ARTICLE 65. If the spouses should reconcile, the corresponding joint manifestation under oath
duly signed by them shall be filed with the court in the same proceeding for legal separation. (n)
ARTICLE 66. The reconciliation referred to in the preceding Article shall have the following
consequences:
(1) The legal separation proceedings, if still pending, shall thereby be terminated in
whatever stage; and
(2) The final decree of legal separation shall be set aside, but the separation of property
and any forfeiture of the share of the guilty spouse already effected shall subsist,
unless the spouses agree to revive their former property regime.
The court order containing the foregoing shall be recorded in the proper civil registries. (108a)
ARTICLE 67. The agreement to revive the former property regime referred to in the preceding
Article shall be executed under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separate properties of each spouse; and
531
(3) The names of all their known creditors, their addresses and the amounts owing to
each.
The agreement of revival and the motion for its approval shall be filed with the court in the same
proceeding for legal separation, with copies of both furnished to the creditors named therein. After due
hearing, the court shall, in its order, take measures to protect the interest of creditors and such order
shall be recorded in the proper registries of property.
The recording of the order in the registries of property shall not prejudice any creditor not listed
or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor’s
claim. (195a, 108a)
TITLE III
Rights and Obligations Between Husband and Wife
ARTICLE 68. The husband and wife are obliged to live together, observe mutual love, respect
and fidelity, and render mutual help and support. (109a)
ARTICLE 69. The husband and wife shall fix the family domicile. In case of disagreement, the
court shall decide.
The court may exempt one spouse from living with the other if the latter should live abroad or
there are other valid and compelling reasons for the exemption. However, such exemption shall not
apply if the same is not compatible with the solidarity of the family. (110a)
ARTICLE 70. The spouses are jointly responsible for the support of the family. The expenses
for such support and other conjugal obligations shall be paid from the community property and, in
the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or
absence of said income or fruits, such obligations shall be satisfied from their separate properties. (111a)
ARTICLE 71. The management of the household shall be the right and duty of both spouses.
The expenses for such management shall be paid in accordance with the provisions of Article 70. (115a)
ARTICLE 72. When one of the spouses neglects his or her duties to the conjugal union or
commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved
party may apply to the court for relief. (116a)
ARTICLE 73. Either spouse may exercise any legitimate profession, occupation, business or
activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:

(1) The objection is proper, and
(2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit
accrued prior to the objection, the resulting obligation shall be enforced against
the separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.
(117a)
532
TITLE IV
Property Relations Between Husband and Wife
CHAPTER 1
General Provisions
ARTICLE 74. The property relations between husband and wife shall be governed in the
following order:
(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
ARTICLE 75. The future spouse may, in the marriage settlements, agree upon the regime of
absolute community, conjugal partnership of gains, complete separation of property, or any other
regime. In the absence of a marriage settlements, or when the regime agreed upon is void, the system
of absolute community of property as established in this Code shall govern. (119a)
ARTICLE 76. In order that any modification in the marriage settlements may be valid, it must be
made before the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and
136. (121)
ARTICLE 77. The marriage settlements and any modification thereof shall be in writing, signed
by the parties and executed before the celebration of the marriage. They shall not prejudice third
persons unless they are registered in the local civil registry where the marriage contract is recorded as
well as in the proper registries of property. (122a)
ARTICLE 78. A minor who according to law may contract marriage may also enter into marriage
settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the
marriage are made parties to the agreement, subject to the provisions of Title IX of this Code. (120a)
ARTICLE 79. For the validity of any marriage settlements executed by a person upon whom a
sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be
indispensable for the guardian appointed by a competent court to be made a party thereto. (123a)
ARTICLE 80. In the absence of a contrary stipulation in the marriage settlements, the property
relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration
of the marriage and their residence.
This rule shall not apply:

(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into the Philippines but
affecting property situated in a foreign country whose laws require different
formalities for their extrinsic validity. (124a)
ARTICLE 81. Everything stipulated in the settlements or contracts referred to in the preceding
articles in consideration of a future marriage, including donations between the prospective spouses
made therein, shall be rendered void if the marriage does not take place. However, stipulations that do
not depend upon the celebration of the marriage shall be valid. (125a)
533
CHAPTER 2
Donations by Reason of Marriage
ARTICLE 82. Donations by reason of marriage are those which are made before its celebration,
in consideration of the same, and in favor of one or both of the future spouses. (126)
ARTICLE 83. These donations are governed by the rules on ordinary donations established in
Title III of Book III of the Civil Code, insofar as they are not modified by the following articles. (127a)
ARTICLE 84. If the future spouses agree upon a regime other than the absolute community of
property, they cannot donate to each other in their marriage settlements more than one-fifth of their
present property. Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary succession

and the formalities of wills. (130a)
ARTICLE 85. Donations by reason of marriage of property subject to encumbrances shall be

valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount
of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more
than the total amount of said obligation, the donee shall be entitled to the excess. (131a)
ARTICLE 86. A donation by reason of marriage may be revoked by the donor in the following
cases:
(1) If the marriage is not celebrated or judicially declared void ab initio except donations
made in the marriage settlements, which shall be governed by Article 81;
(2) When the marriage takes place without the consent of the parents or guardian as
required by law;
(3) When the marriage is annulled, and the donee acted in bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude as specified by the provisions of
the Civil Code on donations in general. (132a)
ARTICLE 87. Every donation or grant of gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be void, except moderate gifts which the spouses may give each
other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together
as husband and wife without a valid marriage. (133a)
CHAPTER 3
System of Absolute Community
SECTION 1
General Provisions
ARTICLE 88. The absolute community of property between spouses shall commence at

the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the
commencement of the community regime at any other time shall be void. (145a)
ARTICLE 89. No waiver of rights, interests, shares and effects of the absolute community of
property during the marriage can be made except in case of judicial separation of property.
534
When the waiver takes place upon a judicial separation of property, or after the marriage has
been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as
provided in Article 77. The creditors of the spouse who made such waiver may petition the court to
rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (146a)
ARTICLE 90. The provisions on co-ownership shall apply to the absolute community of property
between the spouses in all matters not provided for in this Chapter. (n)
SECTION 2
What Constitutes Community Property
ARTICLE 91. Unless otherwise provided in this Chapter or in the marriage settlements, the
community property shall consist of all the property owned by the spouses at the time of the celebration
of the marriage or acquired thereafter. (199a)
ARTICLE 92. The following shall be excluded from the community property:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the
fruits as well as the income thereof, if any, unless it is expressly provided by the
donor, testator or grantor that they shall form part of the community property;
(2) Property for personal and exclusive use of either spouse; however, jewelry shall form
part of the community property;
(3) Property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income, if any, of
such property. (201a)
ARTICLE 93. Property acquired during the marriage is presumed to belong to the community,
unless it is proved that it is one of those excluded therefrom. (160a)
SECTION 3
Charges Upon and Obligations of the Absolute Community
ARTICLE 94. The absolute community of property shall be liable for:

(1) The support of the spouses, their common children, and legitimate children of either
spouse; however, the support of illegitimate children shall be governed by the
provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community, or by both spouses, or by
one spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other
to the extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the
community property;
(5) All taxes and expenses for mere preservation made during marriage upon the separate
property of either spouse used by the family;
(6) Expenses to enable either spouse to commence or complete a professional or
vocational course, or other activity for self-improvement;
535
(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family;
(8) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement;
(9) Antenuptial debts of either spouse other than those falling under paragraph (7) of this
Article, the support of illegitimate children of either spouse, and liabilities incurred
by either spouse by reason of a crime or a quasi-delict, in case of absence or
insufficiency of the exclusive property of the debtor-spouse, the payment of
which shall be considered as advances to be deducted from the share of the
debtor-spouse upon liquidation of the community; and
(10) Expenses of litigation between the spouses unless the suit is found to be groundless.
If the community property is insufficient to cover the foregoing liabilities, except those falling
under paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their separate
properties. (161a, 162a, 163a, 202a-205a)
ARTICLE 95. Whatever may be lost during the marriage in any game of chance, betting,
sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be borne by
the loser and shall not be charged to the community but any winnings therefrom shall form part of the
community property. (164a)
SECTION 4
Ownership, Administration, Enjoyment and Disposition of the Community Property
ARTICLE 96. The administration and enjoyment of the community property shall belong to both
spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the
court by the wife for proper remedy, which must be availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers of administration.
These powers do not include the powers of disposition or encumbrance which must have the authority
of the court or the written consent of the other spouse. In the absence of such authority or consent, the
disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing
offer on the part of the consenting spouse and the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors. (206a)
ARTICLE 97. Either spouse may dispose by will of his or her interest in the community property.
(n)
ARTICLE 98. Neither spouse may donate any community property without the consent of the
other. However, either spouse may, without the consent of the other, make moderate donations from
the community property for charity or on occasions of family rejoicing or family distress. (n)
536
SECTION 5
Dissolution of Absolute Community Regime
ARTICLE 99. The absolute community terminates:

(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to 138.
(175a)
ARTICLE 100. The separation in fact between husband and wife shall not affect the regime of
absolute community except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient community property, the separate property of both
spouses shall be solidarily liable for the support of the family. The spouse present
shall, upon proper petition in a summary proceeding, be given judicial authority to
administer or encumber any specific separate property of the other spouse and
use the fruits or proceeds thereof to satisfy the latter’s share. (178a)
ARTICLE 101. If a spouse without just cause abandons the other or fails to comply with his or
her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial
separation of property or for authority to be the sole administrator of the absolute community, subject
to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental
or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling
without any intention of returning. The spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any information as to his or her whereabouts shall
be prima facie presumed to have no intention of returning to the conjugal dwelling. (178a)
SECTION 6
Liquidation of the Absolute Community Assets and Liabilities
ARTICLE 102. Upon dissolution of the absolute community regime, the following procedure
shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the absolute
community and the exclusive properties of each spouse.
(2) The debts and obligations of the absolute community shall be paid out of its assets.
In case of insufficiency of said assets, the spouses shall be solidarily liable for the
unpaid balance with their separate properties in accordance with the provisions of
the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(4) The net remainder of the properties of the absolute community shall constitute its
net assets, which shall be divided equally between husband and wife, unless a
different proportion or division was agreed upon in the marriage settlements, or
537
unless there has been a voluntary waiver of such share as provided in this Code.
For purposes of computing the net profits subject to forfeiture in accordance with
Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value
between the market value of the community property at the time of the celebration
of the marriage and the market value at the time of its dissolution.
(5) The presumptive legitimes of the common children shall be delivered upon partition,
in accordance with Article 51.
(6) Unless otherwise agreed upon by the parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is situated shall be adjudicated to the
spouse with whom the majority of the common children choose to remain. Children
below the age of seven years are deemed to have chosen the mother, unless the
court has decided otherwise. In case there in no such majority, the court shall
decide, taking into consideration the best interests of said children. (n)
ARTICLE 103. Upon the termination of the marriage by death, the community property shall be
liquidated in the same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the
community property either judicially or extra-judicially within one year from the death of the deceased
spouse. If upon the lapse of the said period, no liquidation is made, any disposition or encumbrance
involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the
foregoing requirements, a mandatory regime of complete separation of property shall govern the
property relations of the subsequent marriage. (n)
ARTICLE 104. Whenever the liquidation of the community properties of two or more marriages
contracted by the same person before the effectivity of this Code is carried out simultaneously, the
respective capital, fruits and income of each community shall be determined upon such proof as may
be considered according to the rules of evidence. In case of doubt as to which community the existing
properties belong, the same shall be divided between or among the different communities in proportion
to the capital and duration of each. (189a)
CHAPTER 4
Conjugal Partnership of Gains
SECTION 1
General Provisions
ARTICLE 105. In case the future spouses agree in the marriage settlements that the regime of
conjugal partnership of gains shall govern their property relations during marriage, the provisions in this
Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal partnerships of gains already
established between spouses before the effectivity of this Code, without prejudice to vested rights
already acquired in accordance with the Civil Code or other laws, as provided in Article 255. (n)
ARTICLE 106. Under the regime of conjugal partnership of gains, the husband and wife place
in a common fund the proceeds, products, fruits and income from their separate properties and those
acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the
marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be
divided equally between them, unless otherwise agreed in the marriage settlements. (142a)
538
ARTICLE 107. The rules provided in Articles 88 and 89 shall also apply to the conjugal partnership
of gains. (n)
ARTICLE 108. The conjugal partnership shall be governed by the rules on the contract of
partnership in all that is not in conflict with what is expressly determined in this Chapter or by the
spouses in their marriage settlements. (147a)
SECTION 2
Exclusive Property of Each Spouse
ARTICLE 109. The following shall be the exclusive property of each spouse:

(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband. (148a)
ARTICLE 110. The spouses retain the ownership, possession, administration and enjoyment of
their exclusive properties.
Either spouse may, during the marriage, transfer the administration of his or her exclusive
property to the other by means of a public instrument, which shall be recorded in the registry of
property of the place where the property is located. (137a, 168a, 169a)
ARTICLE 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or
her exclusive property, without the consent of the other spouse, and appear alone in court to litigate
with regard to the same. (n)
ARTICLE 112. The alienation of any exclusive property of a spouse administered by the other
automatically terminates the administration over such property and the proceeds of the alienation shall
be turned over to the owner-spouse. (n)
ARTICLE 113. Property donated or left by will to the spouses, jointly and with designation of
determinate shares, shall pertain to the donee-spouse as his or her own exclusive property, and in the
absence of designation, share and share alike, without prejudice to the right of accretion when proper.
(150a)
ARTICLE 114. If the donations are onerous, the amount of the charges shall be borne by
the exclusive property of the donee-spouse, whenever they have been advanced by the conjugal
partnership of gains. (151a)
ARTICLE 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits
shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. (n)
SECTION 3
Conjugal Partnership Property
ARTICLE 116. All property acquired during the marriage, whether the acquisition appears to
have been made, contracted or registered in the name of one or both spouses, is presumed to be
conjugal unless the contrary is proved. (160a)
ARTICLE 117. The following are conjugal partnership properties:
539
(1) Those acquired by onerous title during the marriage at the expense of the common
fund, whether the acquisition be for the partnership, or for only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of either or both of the
spouses;
(3) The fruits, natural, industrial or civil, due or received during the marriage from the
common property, as well as the net fruits from the exclusive property of each
spouse;
(4) The share of either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the number of
each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-spouse. (153a,
154, 155, 159)
ARTICLE 118. Property bought on installments paid partly from exclusive funds of either or
both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was
vested before the marriage and to the conjugal partnership if such ownership was vested during the
marriage. In either case, any amount advanced by the partnership or by either or both spouses shall be
reimbursed by the owner or owners upon liquidation of the partnership. (n)
ARTICLE 119. Whenever an amount or credit payable within a period of time belongs to one of
the spouses, the sums which may be collected during the marriage in partial payments or by installments
on the principal shall be the exclusive property of the spouse. However, interests falling due during the
marriage on the principal shall belong to the conjugal partnership. (156a, 157a)
ARTICLE 120. The ownership of improvements, whether for utility or adornment, made on the
separate property of the spouses at the expense of the partnership or through the acts or efforts
of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse,
subject to the following rules:
When the cost of the improvement made by the conjugal partnership and any resulting increase
in value are more than the value of the property at the time of the improvement, the entire property
of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the value
of the property of the owner-spouse at the time of the improvement; otherwise, said property shall
be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the
improvement.
In either case, the ownership of the entire property shall be vested upon the reimbursement,
which shall be made at the time of the liquidation of the conjugal partnership. (158a)
SECTION 4
Charges Upon and Obligations of the Conjugal Partnership
ARTICLE 121. The conjugal partnership shall be liable for:

(1) The support of the spouses, their common children, and the legitimate children of
either spouse; however, the support of illegitimate children shall be governed by
the provisions of this Code on Support;
(2) All debts and obligations contracted during the marriage by the designated
540
administrator-spouse for the benefit of the conjugal partnership of gains, or by
both spouses or by one of them with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other
to the extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including major or minor repairs upon the
conjugal partnership property;
(5) All taxes and expenses for mere preservation made during the marriage upon the
separate property of either spouse;
(6) Expenses to enable either spouse to commence or complete a professional, vocational,
or other activity for self-improvement;
(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family;
(8) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement; and
(9) Expenses of litigation between the spouses unless the suit is found to be groundless.
If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be
solidarily liable for the unpaid balance with their separate properties. (161a)
ARTICLE 122. The payment of personal debts contracted by the husband or the wife before or
during the marriage shall not be charged to the conjugal partnership except insofar as they redounded
to the benefit of the family.
Neither shall the fines and pecuniary indemnities imposed upon them be charged to the
partnership.
However, the payment of personal debts contracted by either spouse before the marriage, that
of fines and indemnities imposed upon them, as well as the support of illegitimate children of either
spouse, may be enforced against the partnership assets after the responsibilities enumerated in the
preceding Article have been covered, if the spouse who is bound should have no exclusive property
or if it should be insufficient; but at the time of the liquidation of the partnership, such spouse shall be
charged for what has been paid for the purposes above-mentioned. (163a)
ARTICLE 123. Whatever may be lost during the marriage in any game of chance, or in betting,
sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be borne by
the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form
part of the conjugal partnership property. (164a)
SECTION 5
Administration of the Conjugal Partnership Property
ARTICLE 124. The administration and enjoyment of the conjugal partnership shall belong to
both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse
to the court by the wife for a proper remedy, which must be availed of within five years from the date
of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of administration.
541
These powers do not include the powers of disposition or encumbrance which must have the authority
of the court or the written consent of the other spouse. In the absence of such authority or consent the
disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing
offer on the part of the consenting spouse and the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors. (165a) cd
ARTICLE 125. Neither spouse may donate any conjugal partnership property without the
consent of the other. However, either spouse may, without the consent of the other, make moderate
donations from the conjugal partnership property for charity or on occasions of family rejoicing or
family distress. (174a)
SECTION 6
Dissolution of Conjugal Partnership Regime
ARTICLE 126. The conjugal partnership terminates:

(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage under Articles 134 to 138.
(175a)
ARTICLE 127. The separation in fact between husband and wife shall not affect the regime of
conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient conjugal partnership property, the separate property of
both spouses shall be solidarily liable for the support of the family. The spouse
present shall, upon proper petition in a summary proceeding, be given judicial
authority to administer or encumber any specific separate property of the other
spouse and use the fruits or proceeds thereof to satisfy the latter’s share. (178a)
ARTICLE 128. If a spouse without just cause abandons the other or fails to comply with his or
her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial
separation of property, or for authority to be the sole administrator of the conjugal partnership property,
subject to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental
or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling
without any intention of returning. The spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any information as to his or her whereabouts shall
be prima facie presumed to have no intention of returning to the conjugal dwelling. (167a, 191a)
542
SECTION 7
Liquidation of the Conjugal Partnership Assets and Liabilities
ARTICLE 129. Upon the dissolution of the conjugal partnership regime, the following
procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the conjugal
partnership and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of personal debts and
obligations of either spouse shall be credited to the conjugal partnership as an
asset thereof.
(3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the
acquisition of property or for the value of his or her exclusive property, the
ownership of which has been vested by law in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall be paid out of the conjugal
assets. In case of insufficiency of said assets, the spouses shall be solidarily liable
for the unpaid balance with their separate properties, in accordance with the
provisions of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them. cd
(6) Unless the owner has been indemnified from whatever source, the loss or deterioration
of movables used for the benefit of the family, belonging to either spouse, even
due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any.
(7) The net remainder of the conjugal partnership properties shall constitute the profits,
which shall be divided equally between husband and wife, unless a different
proportion or division was agreed upon in the marriage settlements or unless there
has been a voluntary waiver or forfeiture of such share as provided in this Code.
(8) The presumptive legitimes of the common children shall be delivered upon partition in
accordance with Article 51.
(9) In the partition of the properties, the conjugal dwelling and the lot on which it is
situated shall, unless otherwise agreed upon by the parties, be adjudicated to
the spouse with whom the majority of the common children choose to remain.
Children below the age of seven years are deemed to have chosen the mother,
unless the court has decided otherwise. In case there is no such majority, the court
shall decide, taking into consideration the best interests of said children. (181a,
182a, 183a, 184a, 185a)
ARTICLE 130. Upon the termination of the marriage by death, the conjugal partnership property
shall be liquidated in the same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal
partnership property either judicially or extra-judicially within one year from the death of the deceased
spouse. If upon the lapse of said period no liquidation is made, any disposition or encumbrance involving
the conjugal partnership property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without complying with the
foregoing requirements, a mandatory regime of complete separation of property shall govern the
property relations of the subsequent marriage. (n)
ARTICLE 131. Whenever the liquidation of the conjugal partnership properties of two or more
marriages contracted by the same person before the effectivity of this Code is carried out simultaneously,
543
the respective capital, fruits and income of each partnership shall be determined upon such proof as
may be considered according to the rules of evidence. In case of doubt as to which partnership the
existing properties belong, the same shall be divided between and among the different partnerships in
proportion to the capital and duration of each. (189a)
ARTICLE 132. The Rules of Court on the administration of estates of deceased persons shall be
observed in the appraisal and sale of property of the conjugal partnership, and other matters which are
not expressly determined in this Chapter. (187a)
ARTICLE 133. From the common mass of property, support shall be given to the surviving
spouse and to the children during the liquidation of the inventoried property and until what belongs to
them is delivered; but from this shall be deducted that amount received for support which exceeds the
fruits or rents pertaining to them. (188a)
CHAPTER 5
Separation of Property of the Spouses and Administration of Common Property by One Spouse
During the Marriage
ARTICLE 134. In the absence of an express declaration in the marriage settlements, the
separation of property between spouses during the marriage shall not take place except by judicial
order. Such judicial separation of property may either be voluntary or for sufficient cause. (190a)
ARTICLE 135. Any of the following shall be considered sufficient cause for judicial separation of
property:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with
it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the
court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his
or her obligations to the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage settlements has
abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least
one year and reconciliation is highly improbable.
In the cases provided for in numbers (1), (2) and (3), the presentation of the final judgment against
the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of
property. (191a)
ARTICLE 136. The spouses may jointly file a verified petition with the court for the voluntary
dissolution of the absolute community or the conjugal partnership of gains, and for the separation of
their common properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the
personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The
court shall take measures to protect the creditors and other persons with pecuniary interest. (191a)
ARTICLE 137. Once the separation of property has been decreed, the absolute community or
the conjugal partnership of gains shall be liquidated in conformity with this Code.
544
During the pendency of the proceedings for separation of property, the absolute community or
the conjugal partnership shall pay for the support of the spouses and their children. (192a)
ARTICLE 138. After dissolution of the absolute community or of the conjugal partnership, the
provisions on complete separation of property shall apply. (191a)
ARTICLE 139. The petition for separation of property and the final judgment granting the same
shall be recorded in the proper local civil registries and registries of property. (193a)
ARTICLE 140. The separation of property shall not prejudice the rights previously acquired by
creditors. (194)
ARTICLE 141. The spouses may, in the same proceedings where separation of property was
decreed, file a motion in court for a decree reviving the property regime that existed between them
before the separation of property in any of the following instances:
(1) When the civil interdiction terminates;
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse granted the power of administration
in the marriage settlements will not again abuse that power, authorizes the
resumption of said administration;
(4) When the spouse who has left the conjugal home without a decree of legal separation
resumes common life with the other;
(5) When parental authority is judicially restored to the spouse previously deprived
thereof;
(6) When the spouses who have been separated in fact for at least one year, reconcile
and resume common life; or
(7) When after voluntary dissolution of the absolute community of property or conjugal
partnership has been judicially decreed upon the joint petition of the spouses,
they agree to the revival of the former property regime. No voluntary separation
of property may thereafter be granted.
The revival of the former property regime shall be governed by Article 67. (195a)
ARTICLE 142. The administration of all classes of exclusive property of either spouse may be
transferred by the court to the other spouse:
(1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee;
(3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or
(4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a
criminal case.
If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other
just cause, the court shall appoint a suitable person to be the administrator. (n)
545
CHAPTER 6
Regime of Separation of Property
ARTICLE 143. Should the future spouses agree in the marriage settlements that their property
relations during marriage shall be governed by the regime of separation of property, the provisions of
this Chapter shall be suppletory. (212a)
ARTICLE 144. Separation of property may refer to present or future property or both. It may be
total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute
community. (213a)
ARTICLE 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own
separate estate, without need of the consent of the other. To each spouse shall belong all earnings
from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received
during the marriage from his or her separate property. (214a)
ARTICLE 146. Both spouses shall bear the family expenses in proportion to their income, or, in
case of insufficiency or default thereof, to the current market value of their separate properties.
The liability of the spouses to creditors for family expenses shall, however, be solidary. (215a)
CHAPTER 7
Property Regime of Unions Without Marriage
ARTICLE 147. When a man and a woman who are capacitated to marry each other, live exclusively
with each other as husband and wife without the benefit of marriage or under a void marriage, their
wages and salaries shall be owned by them in equal shares and the property acquired by both of them
through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be
presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them
in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the
other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the
former’s efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property
acquired during cohabitation and owned in common, without the consent of the other, until after the
termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad
faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or
waiver by any or all of the common children or their descendants, each vacant share shall belong to
the respective surviving descendants. In the absence of descendants, such share shall belong to the
innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. (144a)
ARTICLE 148. In cases of cohabitation not falling under the preceding Article, only the properties
acquired by both of the parties through their actual joint contribution of money, property, or industry
shall be owned by them in common in proportion to their respective contributions. In the absence of
proof to the contrary, their contributions and corresponding shares are presumed to be equal. The
same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall
accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party
who acted in bad faith is not validly married to another, his or her share shall be forfeited in the manner
provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. (144a)
546
TITLE V
The Family
CHAPTER 1
The Family as an Institution
ARTICLE 149. The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed by law and no custom,
practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a)
ARTICLE 150. Family relations include those:

(1) Between husband and wife;
(2) Between parents and children;
(3) Among other ascendants and descendants; and
(4) Among brothers and sisters, whether of the full or half-blood. (217a)
ARTICLE 151. No suit between members of the same family shall prosper unless it should appear
from the verified complaint or petition that earnest efforts toward a compromise have been made,
but that the same have failed. If it is shown that no such efforts were in fact made, the case must be
dismissed.
This rule shall not apply to cases which may not be the subject of compromise under the Civil
Code. (222a)
CHAPTER 2
The Family Home
ARTICLE 152. The family home, constituted jointly by the husband and the wife or by an
unmarried head of a family, is the dwelling house where they and their family reside, and the land on
which it is situated. (223a)
ARTICLE 153. The family home is deemed constituted on a house and lot from the time it is
occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries
actually resides therein, the family home continues to be such and is exempt from execution, forced
sale or attachment except as hereinafter provided and to the extent of the value allowed by law. (223a)
ARTICLE 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship
be legitimate or illegitimate, who are living in the family home and who depend
upon the head of the family for legal support. (226a)
ARTICLE 155. The family home shall be exempt from execution, forced sale or attachment
except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution;
and
547
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of the
building. (243a)
ARTICLE 156. The family home must be part of the properties of the absolute community or the
conjugal partnership, or of the exclusive properties of either spouse with the latter’s consent. It may
also be constituted by an unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments where ownership
is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a
family home. (227a, 228a).
ARTICLE 157. The actual value of the family home shall not exceed, at the time of its constitution,
the amount of three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural
areas, or such amounts as may hereafter be fixed by law.
In any event, if the value of the currency changes after the adoption of this Code, the value
most favorable for the constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities
whose annual income at least equals that legally required for chartered cities. All others are deemed to be
rural areas. (231a)
ARTICLE 158. The family home may be sold, alienated, donated, assigned or encumbered by
the owner or owners thereof with the written consent of the person constituting the same, the latter’s
spouse, and a majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)
ARTICLE 159. The family home shall continue despite the death of one or both spouses or of the
unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and
the heirs cannot partition the same unless the court finds compelling reasons therefor. This rule shall
apply regardless of whoever owns the property or constituted the family home. (238a)
ARTICLE 160. When a creditor whose claims is not among those mentioned in Article 155 obtains
a judgment in his favor, and he has reasonable grounds to believe that the family home is actually worth
more than the maximum amount fixed in Article 157, he may apply to the court which rendered the
judgment for an order directing the sale of the property under execution. The court shall so order if it
finds that the actual value of the family home exceeds the maximum amount allowed by law as of the
time of its constitution. If the increased actual value exceeds the maximum allowed in Article 157 and
results from subsequent voluntary improvements introduced by the person or persons constituting the
family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule and
procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall be considered. The
proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under
the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor. (247a, 248a)
ARTICLE 161. For purposes of availing of the benefits of a family home as provided for in this
Chapter, a person may constitute, or be the beneficiary of, only one family home. (n)
ARTICLE 162. The provisions in this Chapter shall also govern existing family residences insofar
as said provisions are applicable. (n)
548
TITLE VI
Paternity and Filiation
CHAPTER 1
Legitimate Children
ARTICLE 163. The filiation of children may be by nature or by adoption. Natural filiation may be
legitimate or illegitimate. (n)
ARTICLE 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband
or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that
both of them authorized or ratified such insemination in a written instrument executed and signed by
them before the birth of the child. The instrument shall be recorded in the civil registry together with
the birth certificate of the child. (255a, 258a)
ARTICLE 165. Children conceived and born outside a valid marriage are illegitimate, unless
otherwise provided in this Code. (n)
ARTICLE 166. Legitimacy of a child may be impugned only on the following grounds:

(1) That it was physically impossible for the husband to have sexual intercourse with his
wife within the first 120 days of the 300 days which immediately preceded the
birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the second
paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence. (255a)
ARTICLE 167. The child shall be considered legitimate although the mother may have declared
against its legitimacy or may have been sentenced as an adulteress. (256a)
ARTICLE 168. If the marriage is terminated and the mother contracted another marriage within
three hundred days after such termination of the former marriage, these rules shall govern in the
absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the subsequent
marriage is considered to have been conceived during the former marriage,
provided it be born within three hundred days after the termination of the former
marriage;
(2) A child born after one hundred eighty days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even though
it be born within the three hundred days after the termination of the former
marriage. (259a)
549
ARTICLE 169. The legitimacy or illegitimacy of a child born after three hundred days following
the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy.
(261a)
ARTICLE 170. The action to impugn the legitimacy of the child shall be brought within one year
from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case,
any of his heirs, should reside in the city or municipality where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in
the first paragraph or where it was recorded, the period shall be two years if they should reside in the
Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown
to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth
of the child or of the fact of registration of said birth, whichever is earlier. (263a)
ARTICLE 171. The heirs of the husband may impugn the filiation of the child within the period
prescribed in the preceding article only in the following cases:
(1) If the husband should die before the expiration of the period fixed for bringing his
action;
(2) If he should die after the filing of the complaint, without having desisted therefrom; or
(3) If the child was born after the death of the husband. (262a)
CHAPTER 2
Proof of Filiation
ARTICLE 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)
ARTICLE 173. The action to claim legitimacy may be brought by the child during his or her
lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity.
In these cases, the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child shall survive notwithstanding the death of either or
both of the parties. (268a)
ARTICLE 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions
of the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support;
and
(3) To be entitled to the legitime and other successional rights granted to them by the Civil
Code. (264a)
550
CHAPTER 3
Illegitimate Children
ARTICLE 175. Illegitimate children may establish their illegitimate filiation in the same way and
on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the
action is based on the second paragraph of Article 172, in which case the action may be brought during
the lifetime of the alleged parent. (289a)
ARTICLE 176. Illegitimate children shall use the surname and shall be under the parental authority
of their mother, and shall be entitled to support in conformity with this Code. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate child. (287a)
CHAPTER 4
Legitimated Children
ARTICLE 177. Only children conceived and born outside of wedlock of parents who, at the time
of the conception of the former, were not disqualified by any impediment to marry each other may be
legitimated. (269a)
ARTICLE 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a voidable marriage shall not affect the legitimation. (270a)
ARTICLE 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)
ARTICLE 180. The effects of legitimation shall retroact to the time of the child’s birth. (273a)
ARTICLE 181. The legitimation of children who died before the celebration of the marriage shall
benefit their descendants. (274)
ARTICLE 182. Legitimation may be impugned only by those who are prejudiced in their rights,
within five years from the time their cause of action accrues. (275a)
TITLE VII
Adoption
ARTICLE 183. A person of age and in possession of full civil capacity and legal rights may
adopt, provided he is in a position to support and care for his children, legitimate or illegitimate, in
keeping with the means of the family.
Only minors may be adopted, except in the cases when the adoption of a person of majority
age is allowed in this Title.
In addition, the adopter must be at least sixteen years older than the person to be adopted,
unless the adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of
the person to be adopted. (27a, EO 91 and PD 603)
ARTICLE 184. The following persons may not adopt:

(1) The guardian with respect to the ward prior to the approval of the final accounts
rendered upon the termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
551
(3) An alien, except;
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or
her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with
the rules on inter-country adoption as may be provided by law. (28a, EO 91 and PD 603)
ARTICLE 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other. (29a, EO 91 and PD
603)
ARTICLE 186. In case husband and wife jointly adopt or one spouse adopts the legitimate child
of the other, joint parental authority shall be exercised by the spouses in accordance with this Code.
(29a, EO 91 and PD 603)
ARTICLE 187. The following may not be adopted:

(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her
spouse, or, prior to the adoption, said person had been consistently considered
and treated by the adopter as his or her own child during minority;
(2) An alien with whose government the Republic of the Philippines has no diplomatic
relations; and
(3) A person who has already been adopted unless such adoption has been previously
revoked or rescinded. (30a, EO 91 and PD 603)
ARTICLE 188. The written consent of the following to the adoption shall be necessary: cd
(1) The person to be adopted, if ten years of age or over;
(2) The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
(3) The legitimate and adopted children, ten years of age or over, of the adopting parent
or parents;
(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with
said parent and the latter’s spouse, if any; and
(5) The spouse, if any, of the person adopting or to be adopted. (31a, EO 91 and PD 603)
ARTICLE 189. Adoption shall have the following effects:

(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from
the relationship of parent and child, including the right of the adopted to use the
surname of the adopter;
(2) The parental authority of the parents by nature over the adopted shall terminate and
be vested in the adopters, except that if the adopter is the spouse of the parent
by nature of the adopted, parental authority over the adopted shall be exercised
jointly by both spouses; and
552
(3) The adopted shall remain an intestate heir of his parents and other blood relatives.
(39(1)a, (2)a, (3)a, PD 603)
ARTICLE 190. Legal or intestate succession to the estate of the adopted shall be governed by
the following rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the
adopted shall inherit from the adopted, in accordance with the ordinary rules of
legal or intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the
adopted concur with the adopters, they shall divide the entire estate, one-half
to be inherited by the parents or ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with
the adopters, they shall divide the entire estate in equal shares, one-half to be
inherited by the spouse or the illegitimate children of the adopted and the other
half, by the adopters;
(4) When the adopters concur with the illegitimate children and the surviving spouse of
the adopted, they shall divide the entire estate in equal shares, one-third to be
inherited by the illegitimate children, one-third by the surviving spouse, and one-
third by the adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of
legal or intestate succession shall apply. (39(4)a, PD 603)
ARTICLE 191. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially
rescinded upon petition of any person authorized by the court or proper government instrumentality
acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the
adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the
same grounds prescribed for disinheriting an ascendant. (40a, PD 603)
ARTICLE 192. The adopters may petition the court for the judicial rescission of the adoption in
any of the following cases:
(1) If the adopted has committed any act constituting a ground for disinheriting a
descendant; or
(2) When the adopted has abandoned the home of the adopters during minority for at
least one year, or, by some other acts, has definitely repudiated the adoption.
(41a, PD 603)
ARTICLE 193. If the adopted minor has not reached the age of majority at the time of the judicial
rescission of the adoption, the court in the same proceeding shall reinstate the parental authority of
the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall
appoint a guardian over the person and property of the minor. If the adopted person is physically or
mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or
property or both.
Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between
the adopters and the adopted arising from the relationship of parent and child. The adopted shall
likewise lose the right to use the surnames of the adopters and shall resume his or her surname prior
to the adoption.
The court shall accordingly order the amendment of the records in the proper registries.
(42a, PD 603)
553
TITLE VIII
Support
ARTICLE 194. Support comprises everything indispensable for sustenance, dwelling, clothing,

medical attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph
shall include his schooling or training for some profession, trade or vocation, even beyond the age of
majority. Transportation shall include expenses in going to and from school, or to and from place of
work. (290a)
ARTICLE 195. Subject to the provisions of the succeeding articles, the following are obliged to
support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the
latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of
the latter; and
(5) Legitimate brothers and sisters, whether of the full or half-blood. (291a)
ARTICLE 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are
likewise bound to support each other to the full extent set forth in Article 194, except only when the
need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s
fault or negligence. (291a)
ARTICLE 197. For the support of legitimate ascendants; descendants, whether legitimate or

illegitimate, and brothers and sisters, whether legitimately or illegitimately related, only the separate
property of the person obliged to give support shall be answerable provided that in case the obligor
has no separate property, the absolute community or the conjugal partnership, if financially capable,
shall advance the support, which shall be deducted from the share of the spouse obliged upon the
liquidation of the absolute community or of the conjugal partnership. (n)
ARTICLE 198. During the proceedings for legal separation or for annulment of marriage, and for
declaration of nullity of marriage, the spouses and their children shall be supported from the properties
of the absolute community or the conjugal partnership. After final judgment granting the petition, the
obligation of mutual support between the spouses ceases. However, in case of legal separation, the
court may order that the guilty spouse shall give support to the innocent one, specifying the terms of
such order. (292a)
ARTICLE 199. Whenever two or more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
ARTICLE 200. When the obligation to give support falls upon two or more persons, the payment
of the same shall be divided between them in proportion to the resources of each.
554
However, in case of urgent need and by special circumstances, the judge may order only one of
them to furnish the support provisionally, without prejudice to his right to claim from the other obligors
the share due from them.
When two or more recipients at the same time claim support from one and the same person
legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order
established in the preceding article shall be followed, unless the concurrent obligees should be the
spouse and a child subject to parental authority, in which case the child shall be preferred. (295a)
ARTICLE 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be
in proportion to the resources or means of the giver and to the necessities of the recipient. (296a) cd
ARTICLE 202. Support in the cases referred to in the preceding article shall be reduced or
increased proportionately, according to the reduction or increase of the necessities of the recipient and
the resources or means of the person obliged to furnish the same. (297a)
ARTICLE 203. The obligation to give support shall be demandable from the time the person
who has a right to receive the same needs it for maintenance, but it shall not be paid except from the
date of judicial or extrajudicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month. When the
recipient dies, his heirs shall not be obliged to return what he has received in advance. (298a)
ARTICLE 204. The person obliged to give support shall have the option to fulfill the obligation
either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person
who has a right to receive support. The latter alternative cannot be availed of in case there is a moral
or legal obstacle thereto. (299a)
ARTICLE 205. The right to receive support under this Title as well as any money or property
obtained as such support shall not be levied upon on attachment or execution. (302a)
ARTICLE 206. When, without the knowledge of the person obliged to give support, it is given
by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he
gave it without any intention of being reimbursed. (2164a)
ARTICLE 207. When the person obliged to support another unjustly refuses or fails to give
support when urgently needed by the latter, any third person may furnish support to the needy
individual, with a right of reimbursement from the person obliged to give support. This Article shall
apply particularly when the father or mother of a child under the age of majority unjustly refuses to
support or fails to give support to the child when urgently needed. (2166a)
ARTICLE 208. In case of contractual support or that given by will, the excess in amount beyond
that required for legal support shall be subject to levy on attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever modification is

necessary due to changes in circumstances manifestly beyond the contemplation of the parties. (n)
555
TITLE IX
Parental Authority
CHAPTER 1
General Provisions
ARTICLE 209. Pursuant to the natural right and duty of parents over the person and property
of their unemancipated children, parental authority and responsibility shall include the caring for and
rearing of such children for civic consciousness and efficiency and the development of their moral,
mental and physical character and well-being. (n)
ARTICLE 210. Parental authority and responsibility may not be renounced or transferred except
in the cases authorized by law. (313a)
ARTICLE 211. The father and the mother shall jointly exercise parental authority over the persons
of their common children. In case of disagreement, the father’s decision shall prevail, unless there is a
judicial order to the contrary.
Children shall always observe respect and reverence toward their parents and are obliged to
obey them as long as the children are under parental authority. (17a, PD 603)
ARTICLE 212. In case of absence or death of either parent, the parent present shall continue
exercising parental authority. The remarriage of the surviving parent shall not affect the parental
authority over the children, unless the court appoints another person to be the guardian of the person
or property of the children. (17a, PD 603)
ARTICLE 213. In case of separation of the parents, parental authority shall be exercised by the
parent designated by the court. The court shall take into account all relevant considerations, especially
the choice of the child over seven years of age, unless the parent chosen is unfit. (n) cd
No child under seven years of age shall be separated from the mother, unless the court finds
compelling reasons to order otherwise.
ARTICLE 214. In case of death, absence or unsuitability of the parents, substitute parental
authority shall be exercised by the surviving grandparent. In case several survive, the one designated
by the court, taking into account the same consideration mentioned in the preceding article, shall
exercise the authority. (19a, PD 603)
ARTICLE 215. No descendant shall be compelled, in a criminal case, to testify against his parents
and grandparents, except when such testimony is indispensable in a crime against the descendant or
by one parent against the other. (315a)
CHAPTER 2
Substitute and Special Parental Authority
ARTICLE 216. In default of parents or a judicially appointed guardian, the following persons shall
exercise substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified;
and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified.
556
Whenever the appointment of a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. (349a, 351a, 354a)
ARTICLE 217. In case of foundlings, abandoned, neglected or abused children and other children
similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads
of children’s homes, orphanages and similar institutions duly accredited by the proper government
agency. (314a)
ARTICLE 218. The school, its administrators and teachers, or the individual, entity or institution
engaged in child care shall have special parental authority and responsibility over the minor child while
under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the
premises of the school, entity or institution. (349a)
ARTICLE 219. Those given the authority and responsibility under the preceding Article shall
be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated
minor. The parents, judicial guardians or the persons exercising substitute parental authority over said
minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is
proved that they exercised the proper diligence required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be governed by the provisions
of the Civil Code on quasi-delicts. (n)
CHAPTER 3
Effect of Parental Authority Upon the Persons of the Children
ARTICLE 220. The parents and those exercising parental authority shall have with respect to
their unemancipated children or wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right precept
and good example, and to provide for their upbringing in keeping with their
means; cd
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity,
self-discipline, self-reliance, industry and thrift, stimulate their interest in civic
affairs, and inspire in them compliance with the duties of citizenship;
(4) To enhance, protect, preserve and maintain their physical and mental health at all
times;
(5) To furnish them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them from bad company,
and prevent them from acquiring habits detrimental to their health, studies and
morals;
(6) To represent them in all matters affecting their interests;
(7) To demand from them respect and obedience;
(8) To impose discipline on them as may be required under the circumstances; and
(9) To perform such other duties as are imposed by law upon parents and guardians.
(316a)
557
ARTICLE 221. Parents and other persons exercising parental authority shall be civilly liable for
the injuries and damages caused by the acts or omissions of their unemancipated children living in
their company and under their parental authority subject to the appropriate defenses provided by law.
(2180(2)a and (4)a)
ARTICLE 222. The courts may appoint a guardian of the child’s property, or a guardian ad
litem when the best interests of the child so require. (317)
ARTICLE 223. The parents or, in their absence or incapacity, the individual, entity or institution
exercising parental authority, may petition the proper court of the place where the child resides, for
an order providing for disciplinary measures over the child. The child shall be entitled to the assistance
of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the
merits of the petition, or when the circumstances so warrant, the court may also order the deprivation
or suspension of parental authority or adopt such other measures as it may deem just and proper.
(318a)
ARTICLE 224. The measures referred to in the preceding article may include the commitment
of the child for not more than thirty days in entities or institutions engaged in child care or in children’s
home duly accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at its own instance, the court may
terminate the commitment of the child whenever just and proper. (319a)
CHAPTER 4
Effect of Parental Authority Upon the Property of the Children
ARTICLE 225. The father and the mother shall jointly exercise legal guardianship over the
property of their unemancipated common child without the necessity of a court appointment. In case
of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000,
the parent concerned shall be required to furnish a bond in such amount as the court may determine,
but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the
performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where
the child resides, or, if the child resides in a foreign country, in the proper court of the place where the
property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and
issues regarding the performance of the obligations referred to in the second paragraph of this Article
shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under
substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the
ordinary rules on guardianship shall apply. (320a)
ARTICLE 226. The property of the unemancipated child earned or acquired with his work or
industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted
exclusively to the latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited
primarily to the child’s support and secondarily to the collective daily needs of the family. (321a, 323a) cd
558
ARTICLE 227. If the parents entrust the management or administration of any of their properties
to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall
be given a reasonable monthly allowance in an amount not less than that which the owner would have
paid if the administrator were a stranger, unless the owner grants the entire proceeds to the child. In
any case, the proceeds thus given in whole or in part shall not be charged to the child’s legitime. (322a)
CHAPTER 5
Suspension or Termination of Parental Authority
ARTICLE 228. Parental authority terminates permanently:

(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
ARTICLE 229. Unless subsequently revived by a final judgment, parental authority also

terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental
authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental
authority. (327a)
ARTICLE 230. Parental authority is suspended upon conviction of the parent or the person
exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is
automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
ARTICLE 231. The court in an action filed for the purpose or in a related case may also suspend
parental authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable
negligence of the parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall
deprive the guilty party of parental authority or adopt such other measures as may be proper under
the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed
for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will
not be repeated. (332a)
559
ARTICLE 232. If the person exercising parental authority has subjected the child or allowed
him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such
authority. (n)
ARTICLE 233. The person exercising substitute parental authority shall have the same authority
over the person of the child as the parents.
In no case shall the school administrator, teacher or individual engaged in child care and
exercising special parental authority, inflict corporal punishment upon the child. (n)
TITLE X
Emancipation and Age of Majority
ARTICLE 234. Emancipation takes place by the attainment of majority. Unless otherwise

provided, majority commences at the age of twenty-one years.
Emancipation also takes place:

(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument executed
by the parent exercising parental authority and the minor at least eighteen years
of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)
ARTICLE 235. The provisions governing emancipation by recorded agreement shall also apply to
an orphaned minor and the person exercising parental authority but the agreement must be approved
by the court before it is recorded. (404a, 405a, 406a)
ARTICLE 236. Emancipation for any cause shall terminate parental authority over the person
and property of the child who shall then be qualified and responsible for all acts of civil life. (399a)
ARTICLE 237. The annulment or declaration of nullity of the marriage of a minor or of the

recorded agreement mentioned in the foregoing Articles 234 and 235 shall revive the parental authority
over the minor but shall not affect acts and transactions that took place prior to the recording of the
final judgment in the Civil Register. (n)
TITLE XI
Summary Judicial Proceedings in the Family Law
CHAPTER 1
Scope of Application
ARTICLE 238. Until modified by the Supreme Court, the procedural rules in this Title shall apply
in all cases provided for in this Code requiring summary court proceedings. Such cases shall be decided
in an expeditious manner without regard to technical rules. (n)
560
CHAPTER 2
Separation in Fact Between Husband and Wife
ARTICLE 239. When a husband and wife are separated in fact, or one has abandoned the other
and one of them seeks judicial authorization for a transaction where the consent of the other spouse is
required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in
court alleging the foregoing facts. cd
The petition shall attach the proposed deed, if any, embodying the transaction, and, if none,
shall describe in detail the said transaction and state the reason why the required consent thereto
cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and
approved by the court. (n)
ARTICLE 240. Claims for damages by either spouse, except costs of the proceedings, may be
litigated only in a separate action. (n)
ARTICLE 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be
exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court
or its equivalent, sitting in the place where either of the spouses resides. (n)
ARTICLE 242. Upon the filing of the petition, the court shall notify the other spouse, whose
consent to the transaction is required, of said petition, ordering said spouse to show cause why the
petition should not be granted, on or before the date set in said notice for the initial conference. The
notice shall be accompanied by a copy of the petition and shall be served at the last known address of
the spouse concerned. (n)
ARTICLE 243. A preliminary conference shall be conducted by the judge personally without the
parties being assisted by counsel. After the initial conference, if the court deems it useful, the parties
may be assisted by counsel at the succeeding conferences and hearings. (n)
ARTICLE 244. In case of non-appearance of the spouse whose consent is sought, the court shall
inquire into the reasons for his or her failure to appear, and shall require such appearance, if possible.
(n)
ARTICLE 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured,
the court may proceed ex parte and render judgment as the facts and circumstances may warrant. In
any case, the judge shall endeavor to protect the interests of the non-appearing spouse. (n)
ARTICLE 246. If the petition is not resolved at the initial conference, said petition shall be decided
in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound
discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the
subject-matter of their testimonies, directing the parties to present said witnesses. (n)
ARTICLE 247. The judgment of the court shall be immediately final and executory. (n)
ARTICLE 248. The petition for judicial authority to administer or encumber specific separate
property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the
family shall also be governed by these rules. (n)
CHAPTER 3
Incidents Involving Parental Authority
ARTICLE 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental
authority shall be verified. (n)
561
ARTICLE 250. Such petitions shall be filed in the proper court of the place where the child
resides. (n)
ARTICLE 251. Upon the filing of the petition, the court shall notify the parents or, in their absence
or incapacity, the individuals, entities or institutions exercising parental authority over the child. (n)
ARTICLE 252. The rules in Chapter 2 hereof shall also govern summary proceedings under this
Chapter insofar as they are applicable. (n)
CHAPTER 4
Other Matters Subject to Summary Proceedings

ARTICLE 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary
proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 217, insofar as they are applicable. (n)
TITLE XII
Final Provisions
ARTICLE 254. Titles III, IV, V, VI, VII, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386,
otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30,
31, 39, 40, 41 and 42 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare
Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or
parts thereof, inconsistent herewith are hereby repealed. (n)
ARTICLE 255. If any provision of this Code is held invalid, all the other provisions not affected
thereby shall remain valid. (n)
ARTICLE 256. This Code shall have retroactive effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws. (n)
ARTICLE 257. This Code shall take effect one year after the completion of its publication in a
newspaper of general circulation, as certified by the Executive Secretary, Office of the President.
Publication shall likewise be made in the Official Gazette. (n)
562
Title of Law: Authorizing The Ministry Of Social Services And Development To Take
Protective Custody Of Child Prostitutes And Sexually Exploited Children, And For Other
Purposes
Short Title: N/A
Amended by: N/A

AUTHORIZING THE MINISTRY OF SOCIAL SERVICES AND DEVELOPMENT TO TAKE PROTECTIVE

CUSTODY OF CHILD PROSTITUTES AND SEXUALLY EXPLOITED CHILDREN, AND FOR OTHER
PURPOSES
WHEREAS, for those who fall prey to prostitution and other forms of sexual exploitation due
to their fragile age, immediate protection must be accorded by the government to arrest their moral
decline and lead them back to the path of morality;
WHEREAS, in pursuance of its responsibility over the welfare of the youth, the Ministry of Social
Services and Development must be given more powers to implement effectively the government’s
commitment against child prostitution and exploitation.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:
SECTION 1. Notwithstanding any provision of law to the contrary, any minor who is apprehended
or taken into custody by any peace officer of by the duly authorized officers of the Ministry of Social
Services and Development for engaging in prostitution or other illicit conduct punished under existing
laws shall, immediately from such apprehension, be delivered by the arresting officer to the Ministry of
Social Services and Development or to its duly authorized office or agency within a particular territorial
jurisdiction for protective custody.
The Ministry of Social Services and Development shall be responsible for the appearance of the
minor under its protective custody in court or any administrative agency whenever required.
For the purpose of this Executive Order, a minor shall refer to any person below sixteen (16)
years of age.
SECTION 2. The Ministry of Social Services and Development shall provide suitable programs for
the full rehabilitation of the minors under its custody which shall, among others, include the appreciation
of proper moral values, psychological or psychiatric treatment, education in the probable physical
ailment or disease which they may contract or the dangers of unwanted pregnancy, and appropriate
training for work-skills to prepare them for a decent living.
SECTION 3. The custody of persons, other than the apprehended minor, shall be in accordance
with the ordinary criminal procedure as prescribed by the Rules of Court and other laws.
563
SECTION 4. The Ministry of Social Services and Development shall notify the mayors of the
municipalities and cities of the business establishments, clubs, or houses, used or allowed to be used for
prostitution of minors, and petition for the immediate forfeiture of their business licenses and closure
of their business establishments.
SECTION 5. The sum of Three Million Pesos (P3,000,000.00) is hereby appropriated out of
any available funds in the National Treasury not otherwise appropriated, to defray the expenses of the
Ministry of Social Services and Development in the implementation of this Executive Order. Thereafter,
such sums as may be necessary for this purpose shall be included in the annual General Appropriations
Act.
SECTION 6. The Ministry of Social Services and Development is hereby authorized to call
upon any ministry, bureau, office, agency or instrumentality of the government for assistance in the
implementation of this Executive Order.
SECTION 7. The Ministry of Social Services and Development shall, in coordination with the
Ministry of Justice, promulgate the necessary rules and regulations to implement this Executive Order.
SECTION 8. All laws, orders, issuances and rules and regulations or parts thereof inconsistent
with this Executive Order are hereby repealed or modified accordingly.
SECTION 9. This Executive Order shall take effect immediately.
564
Title of Law: Adopting A National Code Of Marketing Of Breastmilk Substitutes, Breastmilk

Supplements And Related Products, Penalizing Violations Thereof, And For Other Purposes
Short Title: National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements

and Other Related Products

Amended by: N/A
ADOPTING A NATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK

SUPPLEMENTS AND RELATED PRODUCTS, PENALIZING VIOLATIONS THEREOF, AND FOR OTHER
PURPOSES
WHEREAS, in order to ensure that safe and adequate nutrition for infants is provided, there is a
need to protect and promote breastfeeding and to inform the public about the proper use of breastmilk
substitutes and supplements and related products through adequate, consistent and objective
information and appropriate regulation of the marketing and distribution of the said substitutes,
supplements and related products;
WHEREAS, consistent with Article 11 of the International Code of Marketing of Breast-milk

Substitutes, the present government should adopt appropriate legislation to give effect to the principles
and aim of the aforesaid International Code;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:
SECTION 1. Title. — This Code shall be known and cited as the “National Code of Marketing of
Breastmilk Substitutes, Breastmilk Supplements and Other Related Products”.
SECTION 2. Aim of the Code. — The aim of the Code is to contribute to the provision of safe
and adequate nutrition for infants by the protection and promotion of breastfeeding and by ensuring
the proper use of breastmilk substitutes and breastmilk supplements when these are necessary, on the
basis of adequate information and through appropriate marketing and distribution.
SECTION 3. Scope of the Code. — The Code applies to the marketing, and practices related
thereto, of the following products: breastmilk substitutes, including infant formula; other milk products,
foods and beverages, including bottle-fed complementary foods, when marketed or otherwise
represented to be suitable, with or without modification, for use as a partial or total replacement of
breastmilk; feeding bottles and teats. It also applies to their quality and availability, and to information
concerning their use.
SECTION 4. Definition of Terms. — For the purposes of this Code, the following definition of
terms shall govern:
(a) “Breastmilk Substitute” means any food being marketed or otherwise represented
as a partial or total replacement for breastmilk, whether or not suitable for that
purpose.
565
(b) “Complementary Food” means any food, whether manufactured or locally prepared,
suitable as a complement to breastmilk or to infant formula, when either becomes
insufficient to satisfy the nutritional requirements of the infant. Such food is also
commonly called “weaning food” or “breastmilk supplement.”
(c) “Container” means any form of packaging of products for sale as a normal retail unit,
including wrappers.
(d) “Distributor” means a person, corporation or any other entity in the public or private
sector engaged in the business (whether directly or indirectly) of marketing at
the wholesale or retail level a product within the scope of this Code. A “primary
distributor” is a manufacturer’s sales agent, representative, national distributor or
broker.
(e) “Infant” means a person falling within the age bracket of 0-12 months.
(f) “Health care system” means governmental, non-governmental or private institutions
or organizations engaged, directly or indirectly, in health care for mothers, infants
and pregnant women; and nurseries or child care institutions. It also includes health
workers in private practice. For the purpose of this Code, the health care system
does not include pharmacies or other established sales outlets.
(g) “Health Worker” means a person working in a component of such health care system,
whether professional or non-professional, including volunteer workers.
(h) “Infant Formula” means a breastmilk substitute formulated industrially in accordance
with applicable Codex Alimentarius standards to satisfy the normal nutritional
requirements of infants up to between four to six months of age, and adapted to
their physiological characteristics. Infant formula may also be prepared at home in
which case it is described as “home-prepared”.
(i) “Label” means any tag, brand, mark, pictorial or other descriptive matter, written,
printed, stenciled, marked, embossed or impressed on, or attached to, a container
of any product within the scope of this Code. cd
(j) “Manufacturer” means a corporation or other entity in the public or private sector
engaged in the business or function (whether directly or through an agent or an
entity controlled by or under contract with it) of manufacturing a product within
the scope of this Code.
(k) “Marketing” means product promotion, distribution, selling, advertising, product public
relations, and information services.
(l) “Marketing personnel” means any person whose functions involve the marketing of a
product or products coming within the scope of this Code.
(m) “Sample” means single or small quantities of a product provided without costs.
(n) “Supplies” means quantities of a product provided for use over an extended period,
free or at a low price, for social purposes, including those provided to families in
need.
SECTION 5. Information and Education. —

(a) The government shall ensure that objective and consistent information is provided on
infant feeding, for use by families and those involved in the field of infant nutrition.
This responsibility shall cover the planning, provision, design and dissemination of
information, and the control thereof, on infant nutrition.
(b) Information and educational materials, whether written, audio, or visual, dealing with
the feeding of infants and intended to teach pregnant women and mothers of
566
infants, shall include clear information on all the following points: (1) the benefits
and superiority of breastfeeding; (2) maternal nutrition, and the preparation for
and maintenance of breastfeeding; (3) the negative effect on breastfeeding of
introducing partial bottle-feeding; (4) the difficulty of reversing the decision not
to breastfeed; and (5) where needed, the proper use of infant formula, whether
manufactured industrially or home-prepared. When such materials contain
information about the use of infant formula, they shall include the social and
financial implications of its use; the health hazards of inappropriate foods or feeding
methods; and, in particular, the health hazards of unnecessary or improper use of
infant formula and other breastmilk substitutes. Such materials shall not use any
picture or text which may idealize the use of breastmilk substitutes.
SECTION 6. The General Public and Mothers. —

(a) No advertising, promotion or other marketing materials, whether written, audio or
visual, for products, within the scope of this Code shall be printed, published,
distributed, exhibited and broadcast unless such materials are duly authorized and
approved by an inter-agency committee created herein pursuant to the applicable
standards provided for in this Code.
(b) Manufacturers and distributors shall not be permitted to give, directly, or indirectly,
samples and supplies of products within the scope of this Code or gifts of any
sort to any member of the general public, including members of their families, to
hospitals and other health institutions, as well as to personnel within the health
care system, save as otherwise provided in this Code.
(c) There shall be no point-of-sale advertising, giving of samples or any other promotion
devices to induce sales directly to the consumers at the retail level, such as special
displays, discount coupons, premiums, special sales, bonus and tie-in sales for
the products within the scope of this Code. This provision shall not restrict the
establishment of pricing policies and practices intended to provide products at
lower prices on a long term basis. cd
(d) Manufacturers and distributors shall not distribute to pregnant women or mothers of
infants any gifts or articles or utensils which may promote the use of breastmilk
substitutes or bottle feeding, nor shall any other groups, institutions or individuals
distribute such gifts, utensils or products to the general public and mothers.
(e) Marketing personnel shall be prohibited from advertising or promoting in any other
manner the products covered by this Code, either directly or indirectly, to pregnant
women or with mother of infants, except as otherwise provided by this Code.
(f) Nothing herein contained shall prevent donations from manufacturers and distributors
of products within the scope of this Code upon request by or with the approval of
the Ministry of Health.
SECTION 7. Health Care System. —

(a) The Ministry of Health shall take appropriate measures to encourage and promote
breastfeeding. It shall provide objective and consistent information, training and
advice to health workers on infant nutrition, and on their obligations under this
Code.
(b) No facility of the health care system shall be used for the purpose of promoting infant
formula or other products within the scope of this Code. This Code does not,
however, preclude the dissemination of information to health professionals as
provided in SECTION 8(b).
(c) Facilities of the health care system shall not be used for the display of products within
the scope of this Code, or for placards or posters concerning such products. cd
567
(d) The use by the health care system of “professional service” representatives,
“mothercraft nurses” or similar personnel, provided or paid for by manufacturers
or distributors, shall not be permitted.
(e) In health education classes for mothers and the general public, health workers and
community workers shall emphasize the hazards and risks of the improper use of
breastmilk substitutes particularly infant formula. Feeding with infant formula shall
be demonstrated only to mothers who may not be able to breastfeed for medical
or other legitimate reasons.
SECTION 8. Health Workers. —

(a) Health workers shall encourage and promote breastfeeding and shall make themselves
familiar with objectives and consistent information on maternal and infant nutrition,
and with their responsibilities under this Code.
(b) Information provided by manufacturers and distributors to health professionals
regarding products within the scope of this Code shall be restricted to scientific
and factual matters and such information shall not imply or create a belief that
bottlefeeding is equivalent or superior to breastfeeding. It shall also include the
information specified in SECTION 5(b).
(c) No financial or material inducements to promote products within the scope of this Code
shall be offered by manufacturers or distributors to health workers or members
of their families, nor shall these be accepted by the health workers or members of
their families, except as otherwise provided in SECTION 8(e). cd
(d) Samples of infant formulas or other products within the scope of this Code, or of
equipment or utensils for their preparation or use, shall not be provided to health
workers except when necessary for the purpose of professional evaluation or
research in accordance with the rules and regulations promulgated by the Ministry
of Health. No health workers shall give samples of infant formula to pregnant
women and mothers of infants or members of their families.
(e) Manufacturers and distributors of products within the scope of this Code may assist
in the research, scholarships and continuing education, of health professionals, in
accordance with the rules and regulations promulgated by the Ministry of Health.
SECTION 9. Persons Employed by Manufacturers and Distributors. — Personnel employed in

marketing products within the scope of this Code shall not, as part of their job responsibilities, perform
educational functions in relation to pregnant women or mothers of infants.
SECTION 10. Containers/Label. —

(a) Containers and/or labels shall be designed to provide the necessary information about
the appropriate use of the products, and in such a way as not to discourage
breastfeeding.
(b) Each container shall have a clear, conspicuous and easily readable and understandable
message in Pilipino or English printed on it, or on a label, which message can not
readily become separated from it, and which shall include the following points:
(i) the words “Important Notice” or their equivalent;
(ii) a statement of the superiority of breastfeeding;
(iii) a statement that the product shall be used only on the advice of a health
worker as to the need for its use and the proper methods of use; and
(iv) instructions for appropriate preparation, and a warning against the health
hazards of inappropriate preparation.
568
(c) Neither the container nor the label shall have pictures or texts which may idealize the
use of infant formula. They may, however, have graphics for easy identification of
the product and for illustrating methods of preparation.
(d) The term “humanized”, “maternalized” or similar terms shall not be used.
(e) Food products within the scope of this Code marketed for infant feeding, which do not
meet all the requirements of an infant formula but which can be modified to do so,
shall carry on the label a warning that the unmodified product should not be the
sole source of nourishment of an infant.
(f) The labels of food products within the scope of this Code shall, in addition to the
requirements in the preceding paragraphs, conform with the rules and regulations
of the Bureau of Food and Drugs.
SECTION 11. Quality. —

(a) The quality of products is an essential element for the protection of the health of
infants, and therefore shall be of high recognized standard.
(b) Food products within the scope of this Code shall, when sold or otherwise distributed,
meet applicable standards recommended by the Codex Alimentarius Commission
and also the Codex Code of Hygienic Practice for Foods for Infants and Children.
(c) To prevent quality deterioration, adulteration or contamination of food products within
the scope of this Code, distribution outlets, including the smallest sari-sari store,
shall not be allowed to open cans and boxes for the purpose of retailing them by
the cup, bag or in any other form.
SECTION 12. Implementation and Monitoring. —

(a) For purposes of SECTION 6(a) of this Code, an inter-agency committee composed of
the following members is hereby created:
Minister of Health Chairman
Minister of Trade and Industry Member
Minister of Justice Member
Minister of Social Services and Development Member
The members may designate their duly authorized representative to every meeting of
the Committee.
The Committee shall have the following powers and functions:

(1) To review and examine all advertising, promotion or other marketing materials,
whether written, audio or visual, on products within the scope of this Code;
(2) To approve or disapprove, delete objectionable portions from and prohibit the
printing, publication, distribution, exhibition and broadcast of, all advertising
promotion or other marketing materials, whether written, audio or visual,
on products within the scope of this Code;
(3) To prescribe the internal and operational procedure for the exercise of
its powers and functions as well as the performance of its duties and
responsibilities; and
(4) To promulgate such rules and regulations as are necessary or proper for the
implementation of SECTION 6(a) of this Code.
569
(b) The Ministry of Health shall be principally responsible for the implementation and
enforcement of the provisions of this Code. For this purpose, the Ministry of Health
shall have the following powers and functions:
(1) To promulgate such rules and regulations as are necessary or proper for the
implementation of this Code and the accomplishment of its purposes and
objectives.
(2) To call the assistance of government agencies and the private sector to ensure
the implementation and enforcement of, and strict compliance with, the
provisions of this Code and the rules and regulations promulgated in
accordance herewith.
(3) To cause the prosecution of the violators of this Code and other pertinent laws
on products covered by this Code.
(4) To exercise such other powers and functions as may be necessary for or
incidental to the attainment of the purposes and objectives of this Code.
SECTION 13. Sanctions. —

(a) Any person who violates the provisions of this Code or the rules and regulations issued
pursuant to this Code shall, upon conviction, be punished by a penalty of two
(2) months to one (1) year imprisonment or a fine of not less than One Thousand
Pesos (P1,000.00) nor more than Thirty Thousand Pesos (P30,000.00) or both.
Should the offense be committed by a juridical person, the chairman of the Board
of Directors, the president, general manager, or the partners and/or the persons
directly responsible therefor, shall be penalized.
(b) Any license, permit or authority issued by any government agency to any health
worker, distributor, manufacturer, or marketing firm or personnel for the practice
of their profession or occupation, or for the pursuit of their business, may, upon
recommendation of the Ministry of Health, be suspended or revoked in the event
of repeated violations of this Code, or of the rules and regulations issued pursuant
to this Code.
SECTION 14. Repealing Clause. — All laws, orders, issuances, and rules and regulations or parts
thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.
SECTION 15. Separability Clause. — The provisions of this Executive Order are hereby
deemed separable. If any provision thereof be declared invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions which shall remain in full force and effect.
SECTION 16. Effectivity — This Executive Order shall take effect thirty (30) days following its
publication in the Official Gazette.
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Presidential Decree Number: Presidential Decree No. 603
Title of Law: The Child And Youth Welfare Code
Short Title: The Child and Youth Welfare Code

Type of Law: Criminal, Civil and Administrative

Amended by: Amended by Executive Order No. 91(1986), Executive Order No. 209, RA No.
9523
PRESIDENTIAL DECREE NO. 603
THE CHILD AND YOUTH WELFARE CODE
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by

the Constitution, do hereby order and decree the following:
TITLE I
General Principles
ARTICLE 1. Declaration of Policy. — The Child is one of the most important assets of the nation.
Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and
happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be
cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of
the family should strive to make the home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child’s development.
Attachment to the home and strong family ties should be encouraged but not to the extent of
making the home isolated and exclusive and unconcerned with the interests of the community and the
country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive
the aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general, should
assist the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.
ARTICLE 2. Title and Scope of Code. — The Code shall be known as the Child and Youth Welfare
Code. It shall apply to persons below twenty-one years of age except those emancipated in accordance
with law. “Child” or “minor” or “youth” as used in this Code, shall refer to such persons.
571
ARTICLE 3. Rights of the Child. — All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and
other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment
of his conception, as generally accepted in medical parlance, and has, therefore,
the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care
and understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest
substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end
that he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop
his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and competent
care.
The physically or mentally handicapped child shall be given the treatment,
education and care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and
vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude
for the enrichment and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself
and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and
activities, individual as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences,
hazards, and other conditions or circumstances prejudicial to his physical, mental,
emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of
his health and the cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are unable to provide him with
his fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his
faith in democracy and inspire him with the morality of the constituted authorities
both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination
to contribute his share in the building of a better world.
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ARTICLE 4. Responsibilities of the Child. — Every child, regardless of the circumstances of his
birth, sex, religion, social status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion,
the teachings of his elders and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of
the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a
formal education suited to his abilities, in order that he may become an asset to
himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the
memory of our heroes, the duly constituted authorities, the laws of our country,
and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always
bearing in mind that it is the youth who will eventually be called upon to discharge
the responsibility of leadership in shaping the nation’s future; and
(7) Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their
common aspirations for progress and prosperity, and the furtherance of world
peace.
ARTICLE 5. Commencement of Civil Personality. — The civil personality of the child shall commence
from the time of his conception, for all purposes favorable to him, subject to the requirements of Article
41 of the Civil Code.
ARTICLE 6. Abortion. — The abortion of a conceived child, whether such act be intentional or
not, shall be governed by the pertinent provisions of the Revised Penal Code.
ARTICLE 7. Non-disclosure of Birth Records. — The records of a person’s birth shall be kept
strictly confidential and no information relating thereto shall be issued except on the request of any of
the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution
legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative,
judicial or other official proceedings to determine the identity of the child’s parents
or other circumstances surrounding his birth; and
(4) In case of the person’s death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two
months or a fine in an amount not exceeding five hundred pesos, or both, in the discretion of the court.
ARTICLE 8. Child’s Welfare Paramount. — In all questions regarding the care, custody, education
and property of the child, his welfare shall be the paramount consideration.
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ARTICLE 9. Levels of Growth. — The child shall be given adequate care, assistance and guidance
through his various levels of growth, from infancy to early and later childhood, to puberty and
adolescence, and when necessary even after he shall have attained age 21.
ARTICLE 10. Phases of Development. — The child shall enjoy special protection and shall be given
opportunities and facilities, by law and by other means, to ensure and enable his fullest development
physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal manner and in
conditions of freedom and dignity appropriate to the corresponding developmental stage.
ARTICLE 11. Promotion of Health. — The promotion of the Child’s health shall begin with adequate
pre-natal and post-natal care both for him and his mother. All appropriate measures shall be taken to
insure his normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents
in looking after the health of the child.
ARTICLE 12. Education. — The schools and other entities engaged in non-formal education shall
assist the parents in providing the best education for the child.
ARTICLE 13. Social and Emotional Growth. — Steps shall be taken to insure the child’s healthy
social and emotional growth. These shall be undertaken by the home in collaboration with the schools
and other agencies engaged in the promotion of child welfare.
ARTICLE 14. Morality. — High moral principles should be instilled in the child, particularly in the
home, the school, and the church to which he belongs.
ARTICLE 15. Spiritual Values. — The promotion of the child’s spiritual well-being according to the
precepts of his religion should, as much as possible, be encouraged by the State.
ARTICLE 16. Civic Conscience. — The civic conscience of the child shall not be overlooked. He
shall be brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness
and in full consciousness of his responsibilities as a member of society.
TITLE II
Child and Youth Welfare and the Home
CHAPTER I
Parental Authority
SECTION A. In General
ARTICLE 17. Joint Parental Authority. — The father and mother shall exercise jointly just and
reasonable parental authority and responsibility over their legitimate or adopted children. In case of
disagreement, the father’s decision shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue
to exercise parental authority over such children, unless in case of the surviving parent’s remarriage,
the court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his
mother, unless the court finds compelling reasons to do so.
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ARTICLE 18. Grandparents. — Grandparents shall be consulted on important family questions
but they shall not interfere in the exercise of parental authority by the parents.
ARTICLE 19. Absence or Death of Parents. — Grandparents and in their default, the oldest
brother or sister who is at least eighteen years of age, or the relative who has actual custody of the
child, shall exercise parental authority in case of absence or death of both parents, unless a guardian
has been appointed in accordance with the succeeding provision.
ARTICLE 20. Guardian. — The court may, upon the death of the parents and in the cases
mentioned in Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and property of the
child, on petition of any relative or friend of the family or the Department of Social Welfare.
ARTICLE 21. Dependent, Abandoned or Neglected Child. — The dependent, abandoned or

neglected child shall be under the parental authority of a suitable or accredited person or institution
that is caring for him as provided for under the four preceding articles, after the child has been declared
abandoned by either the court or the Department of Social Welfare.
ARTICLE 22. Transfer to the Department of Social Welfare. — The dependent, abandoned or
neglected child may be transferred to the care of the Department of Social Welfare or a duly licensed
child-caring institution or individual in accordance with Articles 142 and 154 of this Code, or upon the
request of the person or institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-
caring institution or individual shall be considered the guardian of the child for all intents and purposes.
ARTICLE 23. Case Study. — It shall be the duty of the Department of Social Welfare to make a
case study of every child who is the subject of guardianship or custody proceedings and to submit its
report and recommendations on the matter to the court for its guidance.
ARTICLE 24. Intervention of Department of Social Welfare. — The Department of Social Welfare
shall intervene on behalf of the child if it finds, after its case study, that the petition for guardianship or
custody should be denied.
ARTICLE 25. Hearings Confidential. — The hearing on guardianship and custody proceedings
may, at the discretion of the court, be closed to the public and the records thereof shall not be released
without its approval.
ARTICLE 26. Repealing Clause. — All provisions of the Civil Code on parental authority which are
not inconsistent with the provisions of this Chapter shall remain in force: Provided, That Articles 334
up to 348 inclusive on Adoption, are hereby expressly repealed and replaced by SECTION B of this
Chapter.
SECTION B. Adoption
ARTICLE 27. Who May Adopt. — Any person of age and in full possession of his civil rights may
adopt: Provided, That he is in a position to support and care for his legitimate, legitimated, acknowledged
natural children, or natural children by legal fiction, or other illegitimate children, in keeping with the
means, both material and otherwise, of the family.
In all cases of adoption the adopter must be at least fifteen years older than the person to be
adopted.
ARTICLE 28. Who May Not Adopt. — The following persons may not adopt:
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(1) A married person without the written consent of the spouse;
(2) The guardian with respect to the ward prior to final approval of his accounts;
(3) Any person who has been convicted of a crime involving moral turpitude;
(4) An alien who is disqualified to adopt according to the laws of his own country or
one with whose government the Republic of the Philippines has broken diplomatic
relations.
ARTICLE 29. Adoption by Husband and Wife. — Husband and Wife may jointly adopt. In such
case, parental authority shall be exercised as if the child were their own by nature.
ARTICLE 30. Who May Not Be Adopted. — The following may not be adopted:
(1) A married person, without the written consent of the spouse;
(2) An alien with whose government the Republic of the Philippines has broken diplomatic
relations;
(3) A person who has already been adopted unless the adoption has been previously
revoked or rescinded in accordance with this Chapter.
ARTICLE 31. Whose Consent is Necessary. — The written consent of the following to the adoption
shall be necessary:
(1) The person to be adopted, if fourteen years of age or over;
(2) The natural parents of the child or his legal guardian of the Department of Social
Welfare or any duly licensed child placement agency under whose care the child
may be;
(3) The natural children, fourteen years and above, of the adopting parents.
ARTICLE 32. Hurried Decisions. — In all proceedings for adoption, steps should be taken by the
court to prevent the natural parents from making hurried decisions caused by strain or anxiety to give
up the child, and to ascertain, that all measures to strengthen the family have been exhausted and that
any prolonged stay of the child in his own home will be inimical to his welfare and interest.
ARTICLE 33. Case Study. — No petition for adoption shall be granted unless the Department of
Social Welfare, or the Social Work and Counselling Division, in case of Juvenile and Domestic Relations
Courts, has made a case study of the child to be adopted, his natural parents as well as the prospective
adopting parents, and has submitted its report and recommendations on the matter to the court
hearing such petition. The Department of Social Welfare shall intervene on behalf of the child if it finds,
after such case study, that the petition should be denied.
ARTICLE 34. Procedure. — The proceedings for adoption shall be governed by the Rules of
Court in so far as they are not in conflict with this Chapter.
ARTICLE 35. Trial Custody. — No petition for adoption shall be finally granted unless and until
the adopting parents are given by the court a supervised trial custody period of at least six months to
assess their adjustment and emotional readiness for the legal union. During the period of trial custody
parental authority shall be vested in the adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with
the trial period if it finds that it is to the best interest of the child. In such case, the court shall state its
reasons for reducing said period.
ARTICLE 36. Decree of Adoption. — If, after considering the report of the Department of Social
Welfare or duly licensed child placement agency and the evidence submitted before it, the court is
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satisfied that the petitioner is qualified to maintain, care for, and educate the child, that the trial custody
period has been completed, and that the best interests of the child will be promoted by the adoption,
a decree of adoption shall be entered, which shall be effective as of the date the original petition was
filed. The decree shall state the name by which the child is thenceforth to be known.
ARTICLE 37. Civil Registry Record. — The adoption shall be recorded in the local civil register
and shall be annotated on the record of birth, and the same shall entitle the adopted person to the
issuance of an amended certificate of birth.
ARTICLE 38. Confidential Nature of Proceedings and Records. — All hearings in adoption cases
shall be confidential and shall not be open to the public. All records, books and papers relating to the
adoption cases in the files of the court, of the Department of Social Welfare, and of any other agency
or institution participating in the adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books
and papers is needed, the person or agency requesting the release of the information may file a
petition to the court which entered the decree of adoption for its release. If the court finds that the
disclosure of the information is necessary for purposes connected with or arising out of the adoption
and will be for the best interests of the child, the court may permit the necessary information to be
released, restricting the purposes for which it may be used.
ARTICLE 39. Effects of Adoption. — The adoption shall:

(1) Give to the adopted person the same rights and duties as if he were a legitimate child of
the adopter: Provided, That an adopted child cannot acquire Philippine citizenship
by virtue of such adoption;
(2) Dissolve the authority vested in the natural parent or parents, except where the
adopter is the spouse of the surviving natural parent;
(3) Entitle the adopted person to use the adopter’s surname; and
(4) Make the adopted person a legal heir of the adopter: Provided, That if the adopter
is survived by legitimate parents or ascendants and by an adopted person, the
latter shall not have more successional rights than an acknowledged natural
child: Provided, further, That any property received gratuitously by the adopted
from the adopter shall revert to the adopter should the former predecease the
latter without legitimate issue unless the adopted has, during his lifetime, alienated
such property: Provided, finally, That in the last case, should the adopted
leave no property other than that received from the adopter, and he is survived
by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse
shall receive one-fourth of such property; if the adopted is survived by illegitimate
issue and a spouse, then the former collectively shall receive one-fourth and the
latter also one-fourth, the rest in any case reverting to the adopter, observing in
the case of the illegitimate issue the proportion provided for in Article 895 of the
Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall
inherit from him, except that if the latter are both dead, the adopting parent or parents take the place
of the natural parents in the line of succession, whether testate or interstate.
ARTICLE 40. Rescission by Adopted. — The adopted person or the Department of Social Welfare
or any duly licensed child placement agency if the adopted is still a minor or otherwise incapacitated,
may ask for the rescission of the adoption on the same grounds that cause the loss of parental authority
under the Civil Code.
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ARTICLE 41. Revocation by Adopter. — The adopter may petition the court for the revocation of
the adoption in any of these cases:
(1) If the adopted person has attempted against the life of the adopter and/or his spouse;
(2) When the adopted minor has abandoned the home of the adopter for more than
three years and efforts have been exhausted to locate the minor within the stated
period;
(3) When by other acts the adopted person has definitely repudiated the adoption.
ARTICLE 42. Effects of Rescission or Revocation. — Where the adopted minor has not reached
the age of majority at the time of the revocation or rescission referred to in the next preceding articles,
the court in the same proceeding shall determine whether he should be returned to the parental
authority of his natural parents or remitted to the Department of Social Welfare or any duly licensed
child placement agency or whether a guardian over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and
when granted by the court, shall release him from all obligations to his adopting parents and shall
extinguish all his rights against them: Provided, That if the said adopted person is physically or mentally
handicapped as to need a guardian over his person or property, or both, the court may appoint a
guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the
adopter’s surname and the court shall order the amendment of the records in the Civil Register in
accordance with its decision.
CHAPTER II
Rights of Parents
ARTICLE 43. Primary Right of Parents. — The parents shall have the right to the company of
their children and, in relation to all other persons or institutions dealing with the child’s development,
the primary right and obligation to provide for their upbringing.
ARTICLE 44. Rights Under the Civil Code. — Parents shall continue to exercise the rights
mentioned in Articles 316 to 326 of the Civil Code over the person and property of the child.
ARTICLE 45. Right to Discipline Child. — Parents have the right to discipline the child as may be
necessary for the formation of his good character, and may therefore require from him obedience to
just and reasonable rules, suggestions and admonitions.
CHAPTER III
Duties of Parents
ARTICLE 46. General Duties. — Parents shall have the following general duties toward their
children:
(1) To give him affection, companionship and understanding;
(2) To extend to him the benefits of moral guidance, self-discipline and religious instruction;
(3) To supervise his activities, including his recreation;
(4) To inculcate in him the value of industry, thrift and self-reliance;
(5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop
his commitment to his country;
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(6) To advise him properly on any matter affecting his development and well-being;
(7) To always set a good example;
(8) To provide him with adequate support, as defined in Article 290 of the Civil Code; and
(9) To administer his property, if any, according to his best interests, subject to the
provisions of Article 320 of the Civil Code.
ARTICLE 47. Family Affairs. — Whenever proper, parents shall allow the child to participate in
the discussion of family affairs, especially in matters that particularly concern him.
In cases involving his discipline, the child shall be given a chance to present his side.
ARTICLE 48. Winning Child’s Confidence. — Parents shall endeavor to win the child’s confidence
and to encourage him to conduct with them on his activities and problems.
ARTICLE 49. Child Living Away from Home. — If by reason of his studies or for other causes,
a child does not live with his parents, the latter shall communicate with him regularly and visit him as
often as possible.
The parents shall see to it that the child lives in a safe and wholesome place and under responsible
adult care and supervision.
ARTICLE 50. Special Talents. — Parents shall endeavor to discover the child’s talents or aptitudes,
if any, and to encourage and develop them.
If the child is especially gifted, his parents shall report this fact to the National Center for Gifted
Children or to other agencies concerned so that official assistance or recognition may be extended to
him.
ARTICLE 51. Reading Habit. — The reading habit should be cultivated in the home. Parents
shall, whenever possible, provide the child with good and wholesome reading material, taking into
consideration his age and emotional development. They shall guard against the introduction in the
home of pornographic and other unwholesome publications.
ARTICLE 52. Association with Other Children. — Parents shall encourage the child to associate
with other children of his own age with whom he can develop common interests of useful and salutary
nature. It shall be their duty to know the child’s friends and their activities and to prevent him from
falling into bad company. The child should not be allowed to stay out late at night to the detriment of
his health, studies or morals.
ARTICLE 53. Community Activities. — Parents shall give the child every opportunity to form or
join social, cultural, educational, recreational, civic or religious organizations or movements and other
useful community activities.
ARTICLE 54. Social Gatherings. — When a party or gathering is held, the parents or a responsible
person should be present to supervise the same.
ARTICLE 55. Vices. — Parents shall take special care to prevent the child from becoming addicted
to intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or harmful practices.
ARTICLE 56. Choice of Career. — The child shall have the right to choose his own career. Parents
may advise him on this matter but should not impose on him their own choice.
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ARTICLE 57. Marriage. — Subject to the provisions of the Civil Code, the child shall have the
prerogative of choosing his future spouse. Parents should not force or unduly influence him to marry a
person he has not freely chosen.
CHAPTER IV
Liabilities of Parents
ARTICLE 58. Torts. — Parents and guardians are responsible for the damage caused by the child
under their parental authority in accordance with the Civil Code.
ARTICLE 59. Crimes. — Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such child lose his civil status.
(2) Abandons the child under such circumstances as to deprive him of the love, care and
protection he needs.
(3) Sells or abandons the child to another person for valuable consideration.
(4) Neglects the child by not giving him the education which the family’s station in life and
financial conditions permit.
(5) Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.
(6) Causes, abates, or permits the truancy of the child from the school where he is
enrolled. “Truancy” as here used means absence without cause for more than
twenty schooldays, not necessarily consecutive.
It shall be the duty of the teacher in charge to report to the parents the
absences of the child the moment these exceed five schooldays.
(7) Improperly exploits the child by using him, directly or indirectly, such as for purposes
of begging and other acts which are inimical to his interest and welfare.
(8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignities and other excessive chastisement that embarrass or humiliate him.
(9) Causes or encourages the child to lead an immoral or dissolute life.
(10) Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership.
(11) Allows or requires the child to drive without a license or with a license which the parent
knows to have been illegally procured. If the motor vehicle driven by the child
belongs to the parent, it shall be presumed that he permitted or ordered the child
to drive.
“Parents” as here used shall include the guardian and the head of the
institution or foster home which has custody of the child.
ARTICLE 60. Penalty. — The act mentioned in the preceding article shall be punishable with
imprisonment from two to six months or a fine not exceeding five hundred pesos, or both, at the
discretion of the Court, unless a higher penalty is provided for in the Revised Penal Code or special
laws, without prejudice to actions for the involuntary commitment of the child under Title VIII of this
Code.
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CHAPTER V
Assistance to Parents
ARTICLE 61. Admonition to Parents. — Whenever a parent or guardian is found to have been
unreasonably neglectful in the performance of his duties toward the child, he shall be admonished by
the Department of Social Welfare or by the local Council for the Protection of Children referred to in
Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may be
judicially admonished.
ARTICLE 62. Medical and Dental Services. — If the child has special health problems, his parents
shall be entitled to such assistance from the government as may be necessary for his care and treatment
in addition to other benefits provided for under existing law.
ARTICLE 63. Financial Aid and Social Services to Needy Families. — Special financial or material
aid and social services shall be given to any needy family, to help it maintain the child or children in the
home and prevent their placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into
consideration, among other things, the self-employment of any of the family members and shall be paid
from any funds available for the purpose.
ARTICLE 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. — The
State shall give assistance to widowed or abandoned parent or where either spouse is on prolonged
absence due to illness, imprisonment, etc. and who is unable to support his/her children. Financial
and other essential social services shall be given by the National Government or other duly licensed
agencies with similar functions to help such parent acquire the necessary knowledge or skill needed for
the proper care and maintenance of the family.
ARTICLE 65. Criterion for Aid. — The criteria to determine eligibility for the aid mentioned in
the next two preceding articles shall be (1) the age of the child or children (2) the financial condition of
the family, (3) the degree of deprivation of parental care and support, and (4) the inability to exercise
parental authority.
ARTICLE 66. Assistance to Unmarried Mothers and Their Children. — Any unmarried mother
may, before and after the birth of her child, seek the assistance and advice of the Department of
Social Welfare or any duly licensed child placement agency. The said agencies shall offer specialized
professional services which include confidential help and protection to such mother and her child,
including placement of the child for adoption whenever warranted, and enforcement of such mother’s
rights, if any, against the father of such child.
CHAPTER VI
Foster Care
ARTICLE 67. Foster Homes. — Foster homes shall be chosen and supervised by the Department
of Social Welfare or any duly licensed child placement agency when and as the need therefor arises.
They shall be run by married couples, to be licensed only after thorough investigation of their character,
background, motivation and competence to act as foster parents.
ARTICLE 68. Institutional Care. — Assignment of the child to a foster home shall be preferred
to institutional care. Unless absolutely necessary, no child below nine years of age shall be placed in an
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institution. An older child may be taken into an institution for child care if a thorough social case study
indicates that he will derive more benefit therefrom.
ARTICLE 69. Day-care service and other substitute parental arrangement. — Day-care service
and other substitute parental arrangement shall be provided a child whose parents and relatives are
not able to care for him during the day. Such arrangements shall be the subject of accreditation and
licensing by the Department of Social Welfare.
ARTICLE 70. Treatment of Child Under Foster Care. — A child under foster care shall be given,
as much as possible, the affection and understanding that his own parents, if alive or present, would
or should have extended to him. Foster care shall take into consideration the temporary nature of the
placement and shall not alienate the child from his parents.
TITLE III
Child and Youth Welfare and Education
CHAPTER I
Access to Educational Opportunities
ARTICLE 71. Admission to Schools. — The state shall see to it that no child is refused admission
in public schools. All parents are required to enroll their children in schools to complete, at least, an
elementary education.
ARTICLE 72. Assistance. — To implement effectively the compulsory education policy, all
necessary assistance possible shall be given to parents, specially indigent ones or those who need the
services of children at home, to enable the children to acquire at least an elementary education. Such
assistance may be in the form of special school programs which may not require continuous attendance
in school, or aid in the form of necessary school supplies, school lunch, or whatever constitutes a bar
to a child’s attendance in school or access to elementary education.
ARTICLE 73. Nursery School. — To further help promote the welfare of children of working
mothers and indigent parents, and in keeping with the Constitutional provision on the maintenance of
an adequate system of public education, public nursery and kindergarten schools shall be maintained,
whenever possible. The operation and maintenance of such schools shall be the responsibility of local
governments. Aid from local school board funds, when available, may be provided.
ARTICLE 74. Special Classes. — Where needs warrant, there shall be at least special classes in
every province, and, if possible, special schools for the physically handicapped, the mentally retarded,
the emotionally disturbed, and the specially gifted. The private sector shall be given all the necessary
inducement and encouragement to establish such classes or schools.
ARTICLE 75. School Plants and Facilities. — Local school officials and local government officials
shall see to it that school children and students are provided with adequate schoolrooms and facilities
including playground, space, and facilities for sports and physical development activities. Such officials
should see to it that the school environment is free from hazards to the health and safety of the students
and that there are adequate safety measures for any emergencies such as accessible exits, firefighting
equipment, and the like. All children shall have the free access to adequate dental and medical services.
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CHAPTER II
The Home and the School
ARTICLE 76. Role of the Home. — The home shall fully support the school in the implementation of
the total school program — curricular and co-curricular — toward the proper physical, social, intellectual
and moral development of the child.
ARTICLE 77. Parent-Teacher Associations. — Every elementary and secondary school shall
organize a parent-teacher association for the purpose of providing a forum for the discussion of
problems and their solutions, relating to the total school program, and for insuring the full cooperation
of parents in the efficient implementation of such program. All parents who have children enrolled in a
school are encouraged to be active members of its PTA, and to comply with whatever obligations and
responsibilities such membership entails.
Parent-Teacher Association all over the country shall aid the municipal and other local
authorities and school officials in the enforcement of juvenile delinquency control measures, and in the
implementation of programs and activities to promote child welfare.
CHAPTER III
Miscellaneous
ARTICLE 78. Contributions. — No school shall receive or collect from students, directly or
indirectly, contributions of any kind or form, or for any purpose except those expressly provided by
law, and on occasions of national or local disasters in which case the school may accept voluntary
contribution or aid from students for distribution to victims of such disasters or calamities.
TITLE IV
Child and Youth Welfare and the Church
ARTICLE 79. Rights of the Church. — The State shall respect the rights of the Church in matters
affecting the religious and moral upbringing of the child.
ARTICLE 80. Establishment of Schools. — All churches and religious orders, congregations or
groups may, conformably to law, establish schools for the purpose of educating children in accordance
with the tenets of their religion.
ARTICLE 81. Religious Instruction. — The religious education of children in all public and private
schools is a legitimate concern of the Church to which the students belong. All churches may offer
religious instruction in public and private elementary and secondary schools, subject to the requirements
of the Constitution and existing laws.
ARTICLE 82. Assistance to Churches. — Insofar as may be allowed by the Constitution, the
government shall extend to all churches, without discrimination or preference, every opportunity to
exercise their influence and disseminate their teachings.
ARTICLE 83. Parents. — Parents shall admonish their children to heed the teachings of their
Church and to perform their religious duties. Whenever possible, parents shall accompany their children
to the regular devotions of their Church and other religious ceremonies.
583
TITLE V
Child and Youth Welfare and the Community
CHAPTER I
Duties in General of the Community
ARTICLE 84. Community Defined. — As used in this Title, a community shall mean, the local
government, together with the society of individuals or institutions, both public and private, in which a
child lives.
ARTICLE 85. Duties of the Community. — To insure the full enjoyment of the right of every child
to live in a society that offers or guarantees him safety, health, good moral environment and facilities
for his wholesome growth and development, it shall be the duty of the community to:
(1) Bring about a healthy environment necessary to the normal growth of children and the
enhancement of their physical, mental and spiritual well-being;
(2) Help institutions of learning, whether public or private, achieve the fundamental
objectives of education;
(3) Organize or encourage movements and activities, for the furtherance of the interests
of children and youth;
(4) Promote the establishment and maintenance of adequately equipped playgrounds,
parks, and other recreational facilities;
(5) Support parent education programs by encouraging its members to attend and actively
participate therein;
(6) Assist the State in combating and curtailing juvenile delinquency and in rehabilitating
wayward children;
(7) Aid in carrying out special projects for the betterment of children in the remote areas
or belonging to cultural minorities or those who are out of school; and
(8) Cooperate with private and public child welfare agencies in providing care, training
and protection to destitute, abandoned, neglected, abused, handicapped and
disturbed children.
CHAPTER II
Community Bodies Dealing with Child Welfare
SECTION A. Barangay Councils
ARTICLE 86. Ordinances and Resolutions. — Barangay Councils shall have the authority to enact
ordinances and resolutions not inconsistent with law or municipal ordinances, as may be necessary to
provide for the proper development and welfare of the children in the community, in consultation with
representatives of national agencies concerned with child and youth welfare.
584
ARTICLE 87. Council for the Protection of Children. — Every barangay council shall encourage
the organization of a local Council for the Protection of Children and shall coordinate with the Council
for the Welfare of Children and Youth in drawing and implementing plans for the promotion of child
and youth welfare. Membership shall be taken from responsible members of the community including a
representative of the youth, as well as representatives of government and private agencies concerned
with the welfare of children and youth whose area of assignment includes the particular barangay and
shall be on a purely voluntary basis.
Said Council shall:

(1) Foster the education of every child in the barangay;
(2) Encourage the proper performance of the duties of parents, and provide learning
opportunities on the adequate rearing of children and on positive parent-child
relationship;
(3) Protect and assist abandoned or maltreated children and dependents;
(4) Take steps to prevent juvenile delinquency and assist parents of children with behavioral
problems so that they can get expert advice;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds and day-care centers and
other services that are necessary for child and youth welfare;
(7) Coordinate the activities of organizations devoted to the welfare of children and secure
their cooperation;
(8) Promote wholesome entertainment in the community, especially in movie houses; and
(9) Assist parents, whenever necessary in securing expert guidance counseling from the
proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall
distribute to parents available literature and other information on child guidance. The Council shall
assist parents, with behavioral problems whenever necessary, in securing expert guidance counseling
from the proper governmental or private welfare agency.
ARTICLE 88. Barangay Scholarships. — Barangay funds may be appropriated to provide annual
scholarship for indigent children who, in the judgment of the Council for the Protection of Children,
deserve public assistance in the development of their potentialities.
ARTICLE 89. Youth Associations in Barangays. — Barangay councils shall encourage membership
in civil youth associations and help these organizations attain their objectives.
ARTICLE 90. Aid to Youth Associations. — In proper cases, barangay funds may be used for the
payment of the cost of the uniforms and equipment required by these organizations.
SECTION B. Civic Associations of Adults
ARTICLE 91. Civic Associations of Adults. — As used in this Title, a civic association shall refer to
any club, organization or association of individuals twenty-one years of age or over, which is directly or
indirectly involved in carrying out child welfare programs and activities.
ARTICLE 92. Accounting of Proceeds or Funds. — It shall be the duty of any civic association
of adults holding benefits or soliciting contributions pursuant to the provisions of the next preceding
585
article, to render an accounting of the proceeds thereof to the Department of Social Welfare or to the
city or municipal treasurer, as the case may be.
ARTICLE 93. Functions. — Civic associations and youth associations shall make arrangements
with the appropriate governmental or civic organization for the instruction of youth in useful trades or
crafts to enable them to earn a living.
ARTICLE 94. Youth Demonstrations. — Any demonstrations sponsored by any civic associations
and youth associations shall be conducted in a peaceful and lawful manner.
ARTICLE 95. Unwholesome Entertainment and Advertisements. — It shall be the duty of all civic
associations and youth associations to bring to the attention of the proper authorities the exhibition of
indecent shows and the publication, sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic
association, prohibit any movie, television or radio program offensive to the proprieties of language
and behavior.
Commercial advertisements and trailers which are improper for children under eighteen years
of age due to their advocating or unduly suggesting violence, vices, crimes and immorality, shall not be
shown in any movie theater where the main feature is for general patronage nor shall they be used or
shown during or immediately before and after any television or radio program for children.
ARTICLE 96. Complaint Against Child Welfare Agency. — Any civic association and any youth
association may complain to the officials of any public or private child-caring agency about any act or
omission therein prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of Children
or the Department of Social Welfare, which shall promptly investigate the matter and take such steps
as may be necessary.
ARTICLE 97. Studies and Researches. — The government shall make available such data and
technical assistance as may be needed by civic associations conducting studies and researches on
matters relating to child welfare, including the prevention of juvenile delinquency.
ARTICLE 98. Exchange Programs. — Student exchange programs sponsored by civic associations
or youth associations shall receive the support and encouragement of the State.
SECTION C. Youth Associations
ARTICLE 99. Youth Associations. — As used in this Title, a youth association shall refer to any
club, organization or association of individuals below twenty-one years of age which is directly or
indirectly involved in carrying out child or youth welfare programs and activities.
ARTICLE 100. Rights and Responsibilities. — All youth associations shall enjoy the same rights
and discharge the same responsibilities as civic associations as may be permitted under existing laws.
ARTICLE 101. Student Organizations. — All student organization in public or private schools shall
include in their objectives the cultivation of harmonious relations among their members and with the
various segments of the community.
586
CHAPTER III
Collaboration Between the Home and the Community
ARTICLE 102. Proper Atmosphere for Children. — The home shall aid the community in
maintaining an atmosphere conducive to the proper upbringing of children, particularly with respect to
their preparation for adult life and the conscientious discharge of their civic duties as a whole.
ARTICLE 103. Unwholesome Influence. — The home and the community shall cooperate with
each other in counteracting and eliminating such influences as may be exerted upon children by useless
and harmful amusements and activities, obscene exhibitions and programs, and establishments inimical
to health and morals.
TITLE VI
Child and Youth Welfare and the Samahan
CHAPTER I
Duties in General of the Samahan
ARTICLE 104. “Samahan” Defined. — As used in this Code, the term “samahan” shall refer to the
aggregate of persons working in commercial, industrial, and agricultural establishments or enterprises,
whether belonging to labor or management.
ARTICLE 105. Organization. — The barangay, municipal and city councils, whenever necessary,
shall provide by ordinance for the formation and organization of a samahan in their respective
communities. Membership in the samahan shall be on voluntary basis from among responsible persons
from the various sectors of the community mentioned in the preceding article.
ARTICLE 106. Duties of the Samahan. — The Samahan shall:

(1) Prevent the employment of children in any kind of occupation or calling which is harmful
to their normal growth and development;
(2) Forestall their exploitation by insuring that their rates of pay, hours of work and other
conditions of employment are in accordance not only with law but also with equity;
(3) Give adequate protection from all hazards to their safety, health, and morals, and
secure to them their basic right to an education;
(4) Help out-of-school youth to learn and earn at the same time by helping them look for
opportunities to engage in economic self-sufficient projects;
(5) To coordinate with vocational and handicraft classes in all schools and agencies in the
barangay, municipality or city to arrange for possible marketing of the products or
articles made by the students; and
(6) Provide work experience, training and employment in those areas where the restoration
and conservation of our natural resources is deemed necessary.
CHAPTER II
Working Children
ARTICLE 107. Employment of Children Below Sixteen Years. — Children below sixteen years
587
of age may be employed to perform light work which is not harmful to their safety, health or normal
development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment of
children are hereby adopted as part of this Code insofar as not inconsistent herewith.
ARTICLE 108. Duty of Employer to Submit Report. — The employer shall submit to the Department
of Labor a report of all children employed by him. A separate report shall be made of all such children
who are found to be handicapped after medical examination. The Secretary of Labor shall refer such
handicapped children to the proper government or private agencies for vocational guidance, physical
and vocational rehabilitation, and placement in employment.
ARTICLE 109. Register of Children. — Every employer in any commercial, industrial or agricultural
establishment or enterprise shall keep:
(1) A register of all children employed by him, indicating the dates of their birth;
(2) A separate file for the written consent to their employment given by their parents or
guardians;
(3) A separate file for their educational and medical certificates; and
(4) A separate file for special work permits issued by the Secretary of Labor in accordance
with existing laws.
ARTICLE 110. Education of Children Employed as Domestics. — If a domestic is under sixteen

years of age, the head of the family shall give him an opportunity to complete at least elementary
education as required under Article 71. The cost of such education shall be a part of the domestic’s
compensation unless there is a stipulation to the contrary.
CHAPTER III
Labor-Management Projects
ARTICLE 111. Right to Self-Organization. — Working children shall have the same freedom as
adults to join the collective bargaining union of their own choosing in accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce working
children to join, continue or withdraw as members of such union.
ARTICLE 112. Conditions of Employment. — There shall be close collaboration between labor and
management in the observance of the conditions of employment required by law for working children.
ARTICLE 113. Educational Assistance Programs. — The management may allow time off without
loss or reduction of wages for working children with special talents to enable them to pursue formal
studies in technical schools on scholarships financed by management or by the collective bargaining
union or unions.
ARTICLE 114. Welfare Programs. — Labor and management shall, in cooperation with the Women
and Minors Bureau of the Department of Labor, undertake projects and in-service training programs
for working children which shall improve their conditions of employment, improve their capabilities and
physical fitness, increase their efficiency, secure opportunities for their promotion, prepare them for
more responsible positions, and provide for their social, educational and cultural advancement.
ARTICLE 115. Research Projects. — Labor and management shall cooperate with any government
or private research project on matters affecting the welfare of working children.
588
CHAPTER IV
Collaboration Between the Home and the Samahan
ARTICLE 116. Collaboration Between the Home and the Samahan. — The home shall assist the
Samahan in the promotion of the welfare of working children and for this purpose shall:
(1) Instill in the hearts and minds of working children the value of dignity of labor;
(2) Stress the importance of the virtues of honesty; diligence and perseverance in the
discharge of their duties;
(3) Counsel them on the provident use of the fruits of their labor for the enrichment of
their lives and the improvement of their economic security; and
(4) Protect their general well-being against exploitation by management or unions as well
as against conditions of their work prejudicial to their health, education, or morals.
TITLE VII
Child and Youth Welfare and the State
CHAPTER I
Regulation of Child and Youth Welfare Services
ARTICLE 117. Classification of Child and Youth Welfare Agencies. — Public and private child
welfare agencies providing encouragement, care, and protection to any category of children and
youth whether mentally gifted, dependent, abandoned, neglected, abused, handicapped, disturbed or
youthful offenders, classified and defined as follows, shall be coordinated by the Department of Social
Welfare:
(1) A child-caring institution is one that provides twenty-four hour resident group care
service for the physical, mental, social and spiritual well-being of nine or more
mentally gifted, dependent, abandoned, neglected, handicapped or disturbed
children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a
child-caring institution when nine or more of its pupils or wards in the ordinary
course of events do not return annually to the homes of their parents or guardians
for at least two months of summer vacation.
(2) A detention home is a twenty-four hour child-caring institution providing short term
resident care for youthful offenders who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.
(3) A shelter-care institution is one that provides temporary protection and care to children
requiring emergency reception as a result of fortuitous events, abandonment by
parents, dangerous conditions of neglect or cruelty in the home, being without
adult care because of crisis in the family, or a court order holding them as material
witnesses.
589
(4) Receiving homes are family-type homes which provide temporary shelter from ten to
twenty days for children who shall during this period be under observation and
study for eventual placement by the Department of Social Welfare. The number of
children in a receiving home shall not at any time exceed nine: Provided, That not
more than two of them shall be under three years of age.
(5) A nursery is a child-caring institution that provides care for six or more children below
six years of age for all or part of a twenty-four hour day, except those duly licensed
to offer primarily medical and educational services.
(6) A maternity home is an institution or place of residence whose primary function is to
give shelter and care to pregnant women and their infants before, during and after
delivery.
(7) A rehabilitation center is an institution that receives and rehabilitates youthful offenders
or other disturbed children.
(8) A reception and study center is an institution that receives for study, diagnosis, and
temporary treatment, children who have behavioral problems for the purpose
of determining the appropriate care for them or recommending their permanent
treatment or rehabilitation in other child welfare agencies.
(9) A child-placing agency is an institution or person assuming the care, custody, protection
and maintenance of children for placement in any child-caring institution or home
or under the care and custody of any person or persons for purposes of adoption,
guardianship or foster care. The relatives of such child or children within the sixth
degree of consanguinity or affinity are excluded from this definition.
ARTICLE 118. License Required. — No private person, natural or juridical, shall establish, temporarily
or permanently, any child welfare agency without first securing a license from the Department of Social
Welfare.
Such license shall not be transferable and shall be used only by the person or institution to
which it was issued at the place stated therein.
No license shall be granted unless the purpose or function of the agency is clearly defined and
stated in writing. Such definition shall include the geographical area to be served, the children to be
accepted for care, and the services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine laws.
ARTICLE 119. Guiding Principles. — The protection and best interests of the child or children
therein shall be the first and basic consideration in the granting, suspension or revocation of the license
mentioned in the preceding article.
ARTICLE 120. Revocation or Suspension of License. — The Department of Social Welfare may,
after notice and hearing, suspend or revoke the license of a child welfare agency on any of the following
grounds:
(1) That the agency is being used for immoral purposes;
(2) That said agency is insolvent or is not in a financial position to support and maintain
the children therein or to perform the functions for which it was granted license;
(3) That the children therein are being neglected or are undernourished;
(4) That the place is so unsanitary so as to make it unfit for children;
(5) That said agency is located in a place or community where children should not be, or
is physically dangerous to children or would unduly expose children to crime, vice,
immorality, corruption or severe cruelty; or
590
(6) That said agency has by any act or omission shown its incompetence or unworthiness
to continue acting as a child welfare agency. During the period of suspension, the
agency concerned shall not accept or admit any additional children. In any case,
the Department of Social Welfare shall make such order as to the custody of the
children under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any order
of the Department of Social Welfare to remove or remedy the conditions which
have risen to the suspension. The aggrieved agency may appeal the suspension
and/or revocation in a proper court action. In such a case, the court shall within
fifteen days from the filing of the Department of Social Welfare’s answer, conduct
a hearing and decide the case, either by lifting the suspension, or continuing it
for such period of time as it may order, or by revoking the license of the agency
where the Department of Social Welfare has proven the revocation to be justified.
ARTICLE 121. Responsible Government Body. — The governing body of a child welfare agency
or institution shall be composed of civic leaders or persons of good standing in the community. The
administrator must be a competent person qualified by education or experience or both to serve as
such.
ARTICLE 122. Child-Caring Institution Serving as Child-Placement Agency. — An association or

corporation may be both a child-caring institution and a child-placement agency and it may be licensed
to carry out both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by
training to make thorough studies of every prospective family home. Staff arrangements must also be
made for continuing supervision of the children staying in family homes so long as the children remain
in the legal custody of the agency.
ARTICLE 123. Responsible Staff of Employees. — The licensee shall choose its employees who
shall be persons of good health and character, and whenever possible, the higher rank of employees
shall in addition have training, preferably in child psychology.
ARTICLE 124. Intake Study and Periodic Investigations. — The licensee shall undertake
investigations to determine if the acceptance or continued stay of a child in its institution is necessary.
Each licensee shall make provisions for continuing services, including social casework for every child
under its care.
ARTICLE 125. Records. — The licensee shall keep confidential records of every child in its study.
These records shall be made available only to such persons as may be authorized by the Department
of Social Welfare or by the proper court.
ARTICLE 126. Home Atmosphere. — Child welfare agencies shall endeavor to provide the
children with a pleasant atmosphere that shall approximate as nearly as possible the conditions of an
ideal home. Vocational rehabilitation shall also be provided in accordance with existing law and the
particular needs of the children.
ARTICLE 127. Adequate Diet. — The licensee shall provide a varied and balanced diet to satisfy
the child’s total nutritional requirements.
ARTICLE 128. Clothing. — The licensee shall furnish clean, comfortable, and appropriate clothing
for every child under its care.
ARTICLE 129. Physical Surroundings and Outings. — The licensee shall maintain a building
adequate both in ventilation and sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to make
the children aware of their vital role in their community and country.
591
ARTICLE 130. Medical and Nursing Care. — The licensee shall provide adequate medical and
nursing care for sick children who may be confined due to illness.
ARTICLE 131. Religious Training. — The licensee shall provide opportunities for religious training
to children under its custody, taking into consideration the religious affiliation or express wishes of the
child or his parents. For such purpose, it shall have a defined policy regarding its religious activities for
the information of those wishing to place children in its care.
ARTICLE 132. Annual Report. — Every child welfare agency or institution shall submit to the
Department of Social Welfare an annual report setting forth a brief summary of its operations during
the preceding year, including the funds received during said period, the sources thereof, the purposes
for which they were spent and the cash position of the agency or institution as of the date of the
report, number of children admitted, and such other information as may be required by the Department
of Social Welfare.
CHAPTER II
Collaboration Between the Home and the State
ARTICLE 133. Healthy Growth of Children. — Pursuant to its obligation to assist the parents in
the proper upbringing of the child, the State shall, whenever possible, in collaboration and cooperation
with local government establish:
(1) Puericulture and similar centers;

(2) Juvenile courts;
(3) Child welfare agencies;
(4) Orphanages and other similar institutions; and
(5) Children’s recreation centers.
ARTICLE 134. Puericulture or Health Centers. — Puericulture or health centers shall be established
in every barangay to perform, among other things, the following functions:
(1) Disseminate information concerning the health of children and expectant or nursing
mothers;
(2) Provide consultation service and treatment, whenever necessary, for the children and
the expectant or nursing mothers;
(3) Provide guidance and special treatment to children with physical handicaps; and
(4) Advise child welfare institutions on matters relating to nutrition and hygiene.
ARTICLE 135. Juvenile and Domestic Relations Courts. — Juvenile and Domestic Relations Courts
shall, as far as practicable, be established in every province or city to hear and decide cases involving
juvenile and domestic problems.
ARTICLE 136. Regional Child Welfare Agencies. — The State shall, whenever practicable,
establish regional child welfare agencies, orphanages and other similar institutions to provide care for
the children mentioned in Title VIII of this Code.
ARTICLE 137. Children’s Reading and Recreation Centers. — The State shall establish in every
barangay reading centers and recreation centers where children may meet and play together for their
healthy growth and their social and cultural development.
ARTICLE 138. Parent Education Program. — The Department of Social Welfare shall from time to
time hold a Parent Education Congress, which shall aim to enable parents to understand child growth
592
and development, parent-child relationship, family life, and family-community relationship, and to
improve their ability to discharge their duties.
ARTICLE 139. Curfew Hours for Children. — City or municipal councils may prescribe such curfew
hours for children as may be warranted by local conditions. The duty to enforce curfew ordinances
shall devolve upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this
article shall be admonished by the Department of Social Welfare or the Council for the Protection of
Children.
ARTICLE 140. State Aid in Case of Public Calamity. — In case of earthquake, flood, storm,
conflagration, epidemic, or other calamity, the State shall give special assistance to children whenever
necessary. The Department of Social Welfare shall take immediate custody of dependent children and
give temporary shelter to orphaned or displaced children (who are separated from their parents or
guardian).
TITLE VIII
Special Categories of Children
CHAPTER I
Dependent, Abandoned and Neglected Children
ARTICLE 141. Definition of Terms. — As used in this Chapter:

(1) A dependent child is one who is without a parent, guardian or custodian; or one whose
parents, guardian or other custodian for good cause desires to be relieved of his
care and custody; and is dependent upon the public for support.
(2) An abandoned child is one who has no proper parental care or guardianship, or whose
parents or guardians have deserted him for a period of at least six continuous
months.
(3) A neglected child is one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may be occur in two ways:
a) There is a physical neglect when the child is malnourished, ill clad and without
proper shelter.
A child is unattended when left by himself without provisions for his
needs and/or without proper supervision.
b) Emotional neglect exists: when children are maltreated, raped or seduced; when
children are exploited, overworked or made to work under conditions not
conducive to good health; or are made to beg in the streets or public
places, or when children are in moral danger, or exposed to gambling,
prostitution and other vices.
(4) Commitment or surrender of a child is the legal act of entrusting a child to the care of
the Department of Social Welfare or any duly licensed child placement agency or
individual.
Commitment may be done in the following manner:

a) Involuntary commitment, in case of a dependent child, or through the termination
of parental or guardianship rights by reason of abandonment, substantial and
continuous or repeated neglect and/or parental incompetence to discharge
parental responsibilities, and in the manner, form and procedure hereinafter
prescribed.
593
b) Voluntary commitment, through the relinquishment of parental or guardianship rights in
the manner and form hereinafter prescribed.
ARTICLE 142. Petition for Involuntary Commitment of a Child: Venue. — The Department of
Social Welfare Secretary or his authorized representative or any duly licensed child placement agency
having knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified
petition for involuntary commitment of said child to the care of any duly licensed child placement
agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the
Court of First Instance of the province or City Court in which the parents or guardian resides or the
child is found.
ARTICLE 143. Contents of Petition: Verification. — The petition for commitment must state so far
as known to the petitioner:
(1) The facts showing that the child is dependent, abandoned, or neglected;
(2) The names of the parent or parents, if known, and their residence. If the child
has no parent or parents living, then the name and residence of the guardian, if
any; and
(3) The name of the duly licensed child placement agency or individual to whose care the
commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of
the petitioner.
ARTICLE 144. Court to Set Time for Hearing: Summons. — When a petition or commitment is
filed, the court shall fix a date for the hearing thereof. If it appears from the petition that one or both
parents of the child, or the guardian, resides in province or city, the clerk of court shall immediately
issue summons, together with a copy of the petition, which shall be served on such parent or guardian
not less than two days before the time fixed for the hearing. Such summons shall require them to
appear before the court on the date mentioned.
ARTICLE 145. When Summons Shall Not Be Issued. — The summons provided for in the next
preceding article shall not be issued and the court shall thereupon proceed with the hearing of the
case if it appears from the petition that both parents of the child are dead or that neither parent can be
found in the province or city and that the child has no guardian residing therein.
ARTICLE 146. Representation of Child. — If it appears that neither of the parents nor the guardian
of the child can be found in the province or city, it shall be the duty of the court to appoint some suitable
person to represent him.
ARTICLE 147. Duty of Fiscal. — The provincial or city fiscal shall appear for the State, seeing to it
that there has been due notice to all parties concerned and that there is justification for the declaration
of dependency, abandonment or neglect.
The legal services SECTION of the Department of Social Welfare, any recognized legal
association, or any appointed de officio counsel shall prepare the petition for the Secretary of the
Department of Social Welfare, his representative or the head of the duly licensed child placement
agency, or the duly licensed individual and represent him in court in all proceedings arising under the
provisions of this Chapter.
ARTICLE 148. Hearing. — During the hearing of the petition, the child shall be brought before
the court, which shall investigate the facts and ascertain whether he is dependent, abandoned, or
594
neglected, and, if so, the cause and circumstances of such condition. In such hearing, the court shall not
be bound by the technical rules of evidence.
Failure to provide for the child’s support for a period of six months shall be presumptive evidence
of the intent to abandon.
ARTICLE 149. Commitment of Child. — If, after the hearing, the child is found to be dependent,
abandoned, or neglected, an order shall be entered committing him to the care and custody of the
Department of Social Welfare or any duly licensed child placement agency or individual.
ARTICLE 150. When Child May Stay In His Own Home. — If in the court’s opinion the cases of the
abandonment or neglect of any child may be remedied, it may permit the child to stay in his own home
and under the care and control of his own parents or guardian, subject to the supervision and direction
of the Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to remain
with his parents or guardian, it may commit the child in accordance with the next preceding article.
ARTICLE 151. Termination of Rights of Parents. — When a child shall have been committed to the
Department of Social Welfare or any duly licensed child placement agency or individual pursuant to an
order of the court, his parents or guardian shall thereafter exercise no authority over him except upon
such conditions as the court may impose.
ARTICLE 152. Authority of Person, Agency or Institution. — The Department of Social Welfare
or any duly licensed child placement agency or individual receiving a child pursuant to an order of the
court shall be the legal guardian and entitled to his legal custody and control, be responsible for his
support as defined by law, and when proper, shall have authority to give consent to his placement,
guardianship and/or adoption.
ARTICLE 153. Change of Custody. — The Department of Social Welfare shall have the authority
to change the custody of a child committed to any duly licensed child placement agency or individual
if it appears that such change is for the best interests of the child. However, when conflicting interests
arise among child placement agencies the court shall order the change of commitment of the child.
ARTICLE 154. Voluntary Commitment of a Child to an Institution. — The parent or guardian of

a dependent, abandoned or neglected child may voluntarily commit him to the Department of Social
Welfare or any duly licensed child placement agency or individual subject to the provisions of the next
succeeding articles.
ARTICLE 155. Commitment Must Be in Writing. — No child shall be committed pursuant to the
preceding article unless he is surrendered in writing by his parents or guardian to the care and custody
of the Department of Social Welfare or duly licensed child placement agency. In case of the death or
legal incapacity of either parent or abandonment of the child for a period of at least one year, the other
parent alone shall have the authority to make the commitment. The Department of Social Welfare, or
any proper and duly licensed child placement agency or individual shall have the authority to receive,
train, educate, care for or arrange appropriate placement of such child.
ARTICLE 156. Legal Custody. — When any child shall have been committed in accordance with
the preceding article and such child shall have been accepted by the Department of Social Welfare or
any duly licensed child placement agency or individual, the rights of his natural parents, guardian, or
other custodian to exercise parental authority over him shall cease. Such agency or individual shall be
entitled to the custody and control of such child during his minority, and shall have authority to care for,
educate, train and place him out temporarily or for custody and care in a duly licensed child placement
agency. Such agency or individual may intervene in adoption proceedings in such manner as shall best
inure to the child’s welfare.
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ARTICLE 157. Visitation or Inspection. — Any duly licensed child placement agency or individual
receiving a judicial order or by voluntary commitment by his parents or guardian shall be subject to
visitation or inspection by a representative of the court or of the Department of Social Welfare or both,
as the case may be.
ARTICLE 158. Report of Person or Institution. — Any duly licensed child placement agency
or individual receiving a child for commitment may at any time be required by the Department of
Social Welfare to submit a report, copy furnished the court, containing all necessary information for
determining whether the welfare of the child is being served.
ARTICLE 159. Temporary Custody of Child. — Subject to regulation by the Department of Social
Welfare and with the permission of the court in case of judicial commitment, the competent authorities
of any duly licensed child placement agency or individual to which a child has been committed may
place him in the care of any suitable person, at the latter’s request, for a period not exceeding one
month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not being given
proper care, or at his own request, or at the instance of the agency or person receiving him.
ARTICLE 160. Prohibited Acts. — It shall be unlawful for any child to leave the person or institution
to which he has been judicially or voluntarily committed or the person under whose custody he has
been placed in accordance with the next preceding article, or for any person to induce him to leave
such person or institution, except in case of grave physical or moral danger, actual or imminent, to the
child.
Any violation of this article shall be punishable by an imprisonment of not more than one year
or by a fine of not more than two thousand pesos, or both such fine and imprisonment at the discretion
of the court: Provided, That if the violation is committed by a foreigner, he shall also be subject to
deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate
or mitigate the offense as circumstances shall warrant.
ARTICLE 161. Duty to Report Abandonment. — When the parents or persons entitled to act
as guardian of a child are dead or, if living, have abandoned him, for no valid reason, for at least six
months in a duly licensed child placement agency or hospital, or left him with any other person for the
same period without providing for his care and support, such fact shall be reported immediately to
the Department of Social Welfare. In case of a child left in a hospital, immediate transfer of the child to
the Department of Social Welfare or any duly licensed child placement agency must be arranged. The
Department of Social Welfare shall make provisions for the adequate care and support of the child and
shall take such action as it may deem proper for his best interests.
ARTICLE 162. Adoption of Dependent or Abandoned or Neglected Child. — Upon the filing of an
application by any person to adopt a dependent, abandoned or neglected child in the custody of any
institution or individual mentioned in Article 156, it shall be the duty of the provincial or city fiscal, any
recognized legal association, or any appointed de officio counsel upon being informed of such fact, to
represent the Department of Social Welfare in the proceedings. The costs of such proceedings shall
be de officio.
ARTICLE 163. Restoration of Child After Involuntary Commitment. — The parents or guardian
of a child committed to the care of a person, agency or institution by judicial order may petition the
proper court for the restoration of his rights over the child: Provided, That the child in the meantime,
has not been priorly given away in adoption nor has left the country with the adopting parents or the
guardian. The petition shall be verified and shall state that the petitioner is now able to take proper care
and custody of said child.
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Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby
and cause reasonable notice thereof to be sent to the petitioner and to the person, agency or institution
to which the child has been committed. At the trial, any person may be allowed, at the discretion of
the court, to contest the right to the relief demanded, and witnesses may be called and examined
by the parties or by the court motu proprio. If it is found that the cause for the commitment of the
child no longer exists and that the petitioner is already able to take proper care and custody of the
child, the court, after taking into consideration the best interests and the welfare of the child, shall
render judgment restoring parental authority to the petitioner.
ARTICLE 164. Restoration After Voluntary Commitment. — Upon petition filed with the
Department of Social Welfare the parent or parents or guardian who voluntarily committed a child may
recover legal custody and parental authority over him from the agency, individual or institution to which
such child was voluntarily committed when it is shown to the satisfaction of the Department of Social
Welfare that the parent, parents or guardian is in a position to adequately provide for the needs of the
child: Provided, That, the petition for restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished
with a copy of the petition and shall be given the opportunity to be heard.
ARTICLE 165. Removal of Custody. — A petition to transfer custody of a child may be filed
against a person or child welfare agency to whose custody a child has been committed by the court
based on neglect of such child as defined in Article 141(3). If the court, after notice and hearing, is
satisfied that the allegations of the petition are true and that it is for the best interest and welfare of
the child the court shall issue an order taking him from the custody of the person or agency, as the
case may be, and committing him to the custody of another duly licensed child placement agency or
individual.
The license of the agency or individual found guilty of such neglect may be suspended or
revoked, as the court may deem proper, in the same proceeding.
ARTICLE 166. Report of Maltreated or Abused Child. — All hospitals, clinics and other institutions
as well as private physicians providing treatment shall, within forty-eight hours from knowledge of the
case, report in writing to the city or provincial fiscal or to the Local Council for the Protection of Children
or to the nearest unit of the Department of Social Welfare, any case of a maltreated or abused child,
or exploitation of an employed child contrary to the provisions of labor laws. It shall be the duty of the
Council for the Protection of Children or the unit of the Department of Social Welfare to whom such a
report is made to forward the same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to
make such report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential
and no information relating thereto shall be disclosed except in connection with any court or official
proceeding based on such report. Any person disclosing confidential information in violation of this
provision shall be punished by a fine of not less than one hundred pesos nor more than five thousand
pesos, or by imprisonment for not less than thirty days nor more than one year, or both such fine and
imprisonment, at the discretion of the court.
ARTICLE 167. Freedom from Liability of Reporting Person or Institution. — Persons, organizations,
physicians, nurses, hospitals, clinics and other entities which shall in good faith report cases of child
abuse, neglect, maltreatment or abandonment or exposure to moral danger be free from any civil or
criminal liability arising therefrom.
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CHAPTER II
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children
ARTICLE 168. Mentally Retarded Children. — Mentally retarded children are (1) socially
incompetent, that is, socially inadequate and occupationally incompetent and unable to manage their
own affairs; (2) mentally subnormal; (3) retarded intellectually from birth or early age; (4) retarded at
maturity; (5) mentally deficient as a result of constitutional origin, through hereditary or disease, and
(6) essentially incurable.
ARTICLE 169. Classification of Mental Retardation. — Mental Retardation is divided into four
classifications:
(1) Custodial Group. The members of this classification are severely or profoundly retarded,
hence, the least capable group. This includes those with I.Qs to 25.
(2) Trainable Group. The members of this group consist of those with I.Qs from about
25 to about 50; one who belongs to this group shows a mental level and rate of
development which is 1/4 to 1/2 that of the average child, is unable to acquire higher
academic skills, but can usually acquire the basic skills for living to a reasonable
degree. He can likewise attain a primary grade level of education if he receives
effective instruction.
(3) Educable Group. This group’s I.Q. ranges from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of
the same chronological age. The degree of success or accomplishment that they
will reach in life depends very much on the quality and type of education they
receive, as well as on the treatment at home and in the community. Many of the
educable retardates may reach 5th or 6th grade educational level and can develop
occupational skills which may result in partial or complete economic independence
in adulthood.
(4) Borderline or Low Normal Group. This is the highest group of mentally retarded,
with I.Qs from about 75 to about 89. The members of this classification are only
slightly retarded and they can usually get by in regular classes if they receive
some extra help, guidance and consideration. They have to spend much more
time with their studies than do most children in order to pass. Those who cannot
make it are usually handicapped by one or more other conditions aside from that
of intelligence.
ARTICLE 170. Physically Handicapped Children. — Physically handicapped children are those
who are crippled, deaf-mute, blind, or otherwise defective which restricts their means of action or
communication with others.
ARTICLE 171. Emotionally Disturbed Children. — Emotionally disturbed children are those who,
although not afflicted with insanity or mental defect, are unable to maintain normal social relations with
others and the community in general due to emotional problems or complexes.
ARTICLE 172. Mentally Ill Children. — Mentally ill children are those with any behavioral disorder,
whether functional or organic, which is of such a degree of severity as to require professional help or
hospitalization.
ARTICLE 173. Admission of Disabled Children. — The Department of Social Welfare, upon the
application of the parents or guardians and the recommendation of any reputable diagnostic center or
clinic, shall refer and/or admit disabled children to any public or private institution providing the proper
care, training and rehabilitation.
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“Disabled children” as used in this Chapter shall include mentally retarded, physically
handicapped, emotionally disturbed, and severe mentally ill children.
ARTICLE 174. Training and Opportunities for Disabled Children. — Specialized educational
services shall be expanded and improved to provide appropriate opportunities for disabled children.
Vocational rehabilitation and manpower conservation agencies shall train disabled children for
specialized types of jobs, services and business which could be learned only by them and shall help
provide opportunities for their future occupational placement. That the agencies and organizations
engaged in programs and services for the disabled need not be limited to minors. Persons of legal age
may be admitted whenever facilities are available for them.
ARTICLE 175. Planning of Programs and Services. — Selected pilot demonstration projects
needed by the disabled children shall be developed and shall be the basis for planning expanded
programs and services throughout the nation. There shall be established area centers designed to bring
together an aggregate of services to serve all ages of the disabled within a specified geographical area.
ARTICLE 176. Donations. — Donations to agencies and organizations engaged in

programs and services for disabled children shall be deductible in accordance with the provision
of Presidential Decree No. 507.
ARTICLE 177. Petition for Commitment. — Where a child appears to be mentally retarded,
physically handicapped, emotionally disturbed, or mentally ill, and needs institutional care but his
parents or guardians are opposed thereto, the Department of Social Welfare, or any duly licensed
child placement agency or individual shall have the authority to file a petition for commitment of the
said child to any reputable institution providing care, training and rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate placement
can be arranged for the disabled child when the welfare and interest of the child is at stake.
ARTICLE 178. Venue. — The petition for commitment of a disabled child shall be filed with the
Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the province or City
Court where the parent or guardian resides or where the child is found.
ARTICLE 179. Contents of Petition. — The petition for commitment must state so far as known
to the petitioner:
(1) The facts showing that the child appears to be mentally retarded, physically handicapped,
emotionally disturbed or mentally ill and needs institutional care;
(2) The fact that the parents or guardian or any duly licensed disabled child placement
agency, as the case may be, has opposed the commitment of such child;
(3) The name of the parents and their residence, if known or if the child has no parents or
parent living, the names and residence of the guardian, if any; and
(4) The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and belief of
the petitioner.
ARTICLE 180. Order of Hearing. — If the petition filed is sufficient in form and substance, the court,
by an order reciting the purpose of the petition, shall fix the date for the hearing thereof, and a copy
of such order shall be served on the child alleged to be mentally retarded, or physically handicapped,
or emotionally disturbed, or mentally ill, and on the person having charge of him or any of his relatives
599
residing in the province or city as the judge may deem proper. The court shall furthermore order the
sheriff to produce, if possible, the alleged disabled child on the date of the hearing.
ARTICLE 181. Hearing and Judgment. — Upon satisfactory proof that the institutional care of the
child is for him or the public welfare and that his parents, or guardian or relatives are unable for any
reason to take proper care of him, the Court shall order his commitment to the proper institution for
disabled children.
ARTICLE 182. Disposition of Property or Money. — The Court, in its order of commitment, shall
make proper provisions for the custody of property or money belonging to the committed child.
ARTICLE 183. Findings and Other Data. — The Court shall furnish the institution to which the
child has been committed with a copy of its judgment, together with all the social and other data
pertinent to the case.
ARTICLE 184. Expenses. — The expense of maintaining a disabled child in the institution to which
he has been committed shall be borne primarily by the parents or guardian and secondarily, by such
disabled child, if he has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in
accordance with the next preceding paragraph, the same, or such part thereof as may remain unpaid,
shall be borne by the Department of Social Welfare.
ARTICLE 185. Children with Cerebral Palsy. — Children afflicted with cerebral palsy shall be
committed to the institution which under the circumstances of the particular child concerned is best
equipped to treat and care for him.
ARTICLE 186. Discharge of Child Judicially Committed. — The Court shall order the discharge of
any child judicially committed to an institution for disabled children if it is certified by the Department
of Social Welfare that:
(1) He has been certified by the duly licensed disabled child placement agency to
be no longer a hazard to himself or to the community;
(2) He has been sufficiently rehabilitated from his physical handicap or, if of work age, is
already fit to engage in a gainful occupation; or
(3) He has been relieved of his emotional problems and complexes and is ready to assume
normal social relations.
ARTICLE 187. Discharge of Child Voluntarily Committed. — Any child voluntarily committed
to an institution for disabled children may be discharged by the Department of Social Welfare motu
proprio or upon the request of his parents or guardian on any of the grounds specified in the preceding
article. In the latter case, the Department of Social Welfare may refuse to discharge the child if, in its
opinion, his release would be prejudicial to him or to the community.
ARTICLE 188. Assistance of Fiscal. — The provincial or city fiscal shall represent the Department
of Social Welfare or any recognized legal association in all judicial matters arising under the provisions
of this Chapter.
CHAPTER III
Youthful Offenders
ARTICLE 189. Youthful Offender. Defined. — A youthful offender is one who is over nine years
but under twenty-one years of age at the time of the commission of the offense.
600
A child nine years of age or under at the time of the offense shall be exempt from criminal
liability and shall be committed to the care of his or her father or mother, or nearest relative or family
friend in the discretion of the court and subject to its supervision. The same shall be done for a child
over nine years and under fifteen years of age at the time of the commission of the offense, unless he
acted with discernment, in which case he shall be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the
provisions of this Chapter.
ARTICLE 190. Physical and Mental Examination. — It shall be the duty of the law enforcement
agency concerned to take the youthful offender, immediately after his apprehension, to the proper
medical or health officer for a thorough physical and mental examination. Whenever treatment for any
physical or mental defect is indicated, steps shall be immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful
offender.
ARTICLE 191. Care of Youthful Offender Held for Examination or Trial. — A youthful offender
held for physical and mental examination or trial or pending appeal, if unable to furnish bail, shall
from the time of his arrest be committed to the care of the Department of Social Welfare or the local
rehabilitation center or a detention home in the province or city which shall be responsible for his
appearance in court whenever required: Provided, That in the absence of any such center or agency
within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall
provide quarters for youthful offenders separate from other detainees. The court may, in its discretion,
upon recommendation of the Department of Social Welfare or other agency or agencies authorized by
the Court, release a youthful offender on recognizance, to the custody of his parents or other suitable
person who shall be responsible for his appearance whenever required.
ARTICLE 192. Suspension of Sentence and Commitment of Youthful Offender. — If after hearing
the evidence in the proper proceedings, the court should find that the youthful offender has committed
the acts charged against him the court shall determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings and shall commit such minor to the custody or care of the Department
of Social Welfare, or to any training institution operated by the government, or duly licensed agencies
or any other responsible person, until he shall have reached twenty-one years of age or, for a shorter
period as the court may deem proper, after considering the reports and recommendations of the
Department of Social Welfare or the agency or responsible individual under whose care he has been
committed.
The youthful offender shall be subject to visitation and supervision by a representative of the
Department of Social Welfare or any duly licensed agency or such other officer as the Court may
designate subject to such conditions as it may prescribe.
ARTICLE 193. Appeal. — The youthful offender whose sentence is suspended can appeal from
the order of the court in the same manner as appeals in criminal cases.
ARTICLE 194. Care and Maintenance of Youthful Offender. — The expenses for the care and
maintenance of the youthful offender whose sentence has been suspended shall be borne by his
parents or those persons liable to support him: Provided, That in case his parents or those persons
liable to support him can not pay all or part of said expenses, the municipality in which the offense was
committed shall pay one-third of said expenses or part thereof; the province to which the municipality
belongs shall pay one-third; and the remaining one-third shall be borne by the National Government.
Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said
expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and
applied to the settlement of said indebtedness.
601
All city and provincial governments must exert efforts for the immediate establishment of local
detention homes for youthful offenders.
ARTICLE 195. Report on Conduct of Child. — The Department of Social Welfare or its representative
or duly licensed agency or individual under whose care the youthful offender has been committed shall
submit to the court every four months or oftener as may be required in special cases, a written report
on the conduct of said youthful offender as well as the intellectual, physical, moral, social and emotional
progress made by him.
ARTICLE 196. Dismissal of the Case. — If it is shown to the satisfaction of the court that the
youthful offender whose sentence has been suspended, has behaved properly and has shown his
capability to be a useful member of the community, even before reaching the age of majority, upon
recommendation of the Department of Social Welfare, it shall dismiss the case and order his final
discharge.
ARTICLE 197. Return of the Youth Offender to Court. — Whenever the youthful offender has been
found incorrigible or has wilfully failed to comply with the conditions of his rehabilitation programs, or
should his continued stay in the training institution be inadvisable, he shall be returned to the committing
court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the
court shall determine whether to dismiss the case in accordance with the next preceding article or to
pronounce the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his
sentence with the full time spent in actual commitment and detention effected under the provisions of
this Chapter.
ARTICLE 198. Effect of Release of Child Based on Good Conduct. — The final release of a child
pursuant to the provisions of this Chapter shall not obliterate his civil liability for damages. Such release
shall be without prejudice to the right for a writ of execution for the recovery of civil damages.
ARTICLE 199. Living Quarters for Youthful Offenders Sentence. — When a judgment of conviction
is pronounced in accordance with the provisions of Article 197, and at the time of said pronouncement
the youthful offender is still under twenty-one, he shall be committed to the proper penal institution
to serve the remaining period of his sentence: Provided, That penal institutions shall provide youthful
offenders with separate quarters and, as far as practicable, group them according to appropriate
age levels or other criteria as will insure their speedy rehabilitation: Provided, further, That the Bureau
of Prisons shall maintain agricultural and forestry camps where youthful offenders may serve their
sentence in lieu of confinement in regular penitentiaries.
ARTICLE 200. Records of Proceedings. — Where a youthful offender has been charged before
any city or provincial fiscal or before any municipal judge and the charges have been ordered dropped,
all the records of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or
commits him to an institution and subsequently releases him pursuant to this Chapter, all the records of
his case shall be destroyed immediately after such acquittal, dismissal or release, unless civil liability has
also been imposed in the criminal action, in which case such records shall be destroyed after satisfaction
of such civil liability. The youthful offender concerned shall not be held under any provision of law, to
be guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the
case or recite any fact related thereto in response to any inquiry made of him for any purpose.
“Records” within the meaning of this article shall include those which may be in the files of the
National Bureau of Investigation and with any police department, or any other government agency
which may have been involved in the case.
602
ARTICLE 201. Civil Liability of Youthful Offenders. — The civil liability for acts committed by a
youthful offender shall devolve upon the offender’s father and, in case of his death or incapacity, upon
the mother, or in case of her death or incapacity, upon the guardian. Civil liability may also be voluntarily
assumed by a relative or family friend of the youthful offender.
ARTICLE 202. Rehabilitation Centers. — The Department of Social Welfare shall establish regional
rehabilitation centers for youthful offenders. The local government and other non-governmental entities
shall collaborate and contribute their support for the establishment and maintenance of these facilities.
ARTICLE 203. Detention Homes. — The Department of Local Government and Community
Development shall establish detention homes in cities and provinces distinct and separate from jails
pending the disposition of cases of juvenile offenders.
ARTICLE 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent
Acts by Their Children or Wards. — A person whether the parent or guardian of the child or not, who
knowingly or wilfully,
(1) Aids, causes, abets or connives with the commission by a child of a delinquency, or
(2) Does any act producing, promoting, or contributing to a child’s being or becoming a
juvenile delinquent, shall be punished by a fine not exceeding five hundred pesos
or to imprisonment for a period not exceeding two years, or both such fine and
imprisonment, at the discretion of the court.
TITLE IX
Council for the Welfare of Children and Youth
CHAPTER I
Creation and Composition
ARTICLE 205. Creation of the Council for the Welfare of Children. — A Council for the Welfare
of Children is hereby established under the Office of the President. The Council shall be composed of
the Secretary of Social Welfare as Chairman, and seven members, namely: The Secretary of Justice,
the Secretary of Labor, the Secretary of Education and Culture, the Secretary of Health, the Presiding
Judge of the Juvenile and Domestic Relations Court, City of Manila, and two representatives of voluntary
welfare associations to be appointed by the President of the Philippines, each of whom shall hold office
for a term of two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to be
appointed by the Chairman and approved by a majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council shall
receive a per diem of one hundred pesos for every meeting actually attended, but the total amount of
per diem that the Chairman and a member may receive in a month shall in no case exceed five hundred
pesos.
ARTICLE 206. Appropriation. — The sum of five million pesos is hereby appropriated, out of any
funds in the National Treasury not otherwise appropriated, for the operation and maintenance of the
Council for the Welfare of Children and Youth during the fiscal year. Thereafter, such sums as may be
necessary for its operation and maintenance shall be included in the General Appropriations Decree.
603
CHAPTER II
Powers and Responsibilities
ARTICLE 207. Powers and Functions. — The Council for the Welfare of Children and Youth shall
have the following powers and functions:
(1) To coordinate the implementation and enforcement of all laws relative to the promotion
of child and youth welfare;
(2) To prepare, submit to the President and circulate copies of long-range programs
and goals for the physical, intellectual, emotional, moral, spiritual, and social
development of children and youth, and to submit to him an annual report of the
progress thereof;
(3) To formulate policies and devise, introduce, develop and evaluate programs and
services for the general welfare of children and youth;
(4) To call upon and utilize any department, bureau, office, agency, or instrumentality,
public, private or voluntary, for such assistance as it may require in the performance
of its functions;
(5) Perform such other functions as provided by law.
ARTICLE 208. Offices to Coordinate with the Council for Welfare of Children. — The following
offices and agencies shall coordinate with the Council for the Welfare of Children and Youth in the
implementation of laws and programs on child and youth welfare:
(1) Department of Justice

(2) Department of Social Welfare
(3) Department of Education and Culture
(4) Department of Labor
(5) Department of Health
(6) Department of Agriculture
(7) Department of Local Government and Community Development;
(8) Local Councils for the Protection of Children; and such other government and private
agencies which have programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other government
and private child and youth welfare agencies as may be hereafter created shall be implemented by such
agencies: Provided, That, with the exception of those proposed by the Local Councils for the Protection
of Children, all long-range child and youth welfare programs shall, before implementation, be indorsed
by the agencies concerned to their respective departments, which shall in turn indorse the same to the
Council for the Welfare of Children and Youth, for evaluation, cooperation and coordination.
CHAPTER III
Implementation of Code and Rule-Making Authority
ARTICLE 209. Implementation of this Code and Rule-Making Authority. — The enforcement
and implementation of this Code shall be the primary responsibility of the Council for the Welfare of
Children. Said Council shall have authority to promulgate the necessary rules and regulations for the
purpose of carrying into effect the provisions of this Code.
604
Final Provisions
ARTICLE 210. General Penalty. — Violations of any provisions of this Code for which no penalty
is specifically provided shall be punished by imprisonment not exceeding one month or a fine not
exceeding two hundred pesos, or both such fine and imprisonment at the discretion of the court, unless
a higher penalty is provided for in the Revised Penal Code or special laws.
ARTICLE 211. Repealing Clause. — All laws or parts of any laws inconsistent with the provisions of
this Code are hereby repealed or modified accordingly: Provided, That the provisions of the Dangerous
Drugs Act of 1972 and amendments thereto shall continue to be in force and shall not be deemed
modified or repealed by any provision of this Code.
ARTICLE 212. Separability Clause. — If any provision of this Code is held invalid, the other
provisions not affected thereby shall continue in operation.
ARTICLE 213. Effectivity Clause. — This Code shall take effect six months after its approval.
605
Title of Law: An Act Creating Council For The Protection Of Children In Every City And
Municipality Of The Philippines And For Other Purposes
Short Title: N/A

Category of Child’s Rights: Protection, Development and Participation
Amended by: N/A
AN ACT CREATING A COUNCIL FOR THE PROTECTION OF CHILDREN IN EVERY CITY AND
MUNICIPALITY OF THE PHILIPPINES AND FOR OTHER PURPOSES
SECTION 1. It is the declared policy of the State not only to assure that every family should
be helped into bringing up their children to make them useful men and women but also to see that
the proper direction, supervision and guardianship in the training, education, and other interests of its
minor citizens are undertaken by it.
SECTION 2. To implement this sacred duty of the State, there is hereby created in every
city and municipality including municipal district a “Council for the Protection of Children”, which is
hereinafter referred to as the Council, to be composed of the City or Municipal Mayor, as Chairman, and
two members of the City or Municipal Council to be elected among themselves, the City or Municipal
Health Officer, the City or Municipal Supervising Teacher, the Chief of Police, a representative of the
Social Welfare Administration, and a representative of the PTA Organization in the City or Municipality
to be elected for a term of one year by the presidents of the different PTA Organizations in said City
or Municipality, as members. In the absence of the City of Municipal Mayor, the Vice-Mayor shall be the
presiding officer of the Council. Cassia
SECTION 3. The Council shall hold meetings at the call of the City or Municipal Mayor but it may
also be convoked upon written request of at least two members thereof. The Chairman and member of
the Council shall not receive any per diem or allowance or emolument whatsoever.
SECTION 4. A majority of the members is sufficient for the Council to transact its business
provided that in the absence of a quorum, the Council may adjourn from day to day.
SECTION 5. The Council shall supervise and act as guardian for the health, education and well-
being of all the minors within the city or municipality, and for this purpose it shall, among others, have
the functions provided for in Article 360 of the Civil Code.
SECTION 6. Within six months after the approval of this Act, all city and municipal mayors shall
convoke the Council herein created and start implementing the provisions of this Act.
SECTION 7. This Act shall take effect upon its approval.
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Batas Pambansa Blg Number: Batas Pambansa Blg. 232
Title of Law: An Act Providing for the Establishment and Maintenance of an Integrated System
of Education
Short Title: Education Act of 1982


BATAS PAMBANSA BLG. 232
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF

EDUCATION
I
General Provisions
CHAPTER 1
Preliminary Matters
SECTION 1. Title. — This Act shall be known as the “Education Act of 1982.”
SECTION 2. Coverage. — This Act shall apply to and govern both formal and non-formal systems
in public and private schools in all levels of the entire educational system.
CHAPTER 2
Declaration of Basic State Policy and Objectives
SECTION 3. Declaration of Basic Policy. — It is the policy of the State to establish and maintain a
complete, adequate and integrated system of education relevant to the goals of national development.
Toward this end, the government shall ensure, within the context of a free and democratic system,
maximum contribution of the educational system to the attainment of the following national
developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social
progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment
of the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and
promote desirable cultural, moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education, regardless of
sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political
607
or other affiliation. The State shall therefore promote and maintain equality of access to education as
well as the enjoyment of the benefits of education by all its citizens.
The State shall promote the right of the nation’s cultural communities in the exercise of their
right to develop themselves within the context of their cultures, customs, traditions, interests and belief,
and recognizes education as an instrument for their maximum participation in national development
and in ensuring their involvement in achieving national unity.
SECTION 4. Declaration of Objectives. — The educational system aim to:

1. Provide for a broad general education that will assist each individual in the peculiar
ecology of his own society, to (a) attain his potentials as a human being; (b)
enhance the range and quality of individual and group participation in the basic
functions of society; and (c) acquire the essential educational foundation of his
development into a productive and versatile citizen;
2. Train the nation’s manpower in the middle-level skills required for national development;
3. Develop the professions that will provide leadership for the nation in the advancement
of knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system
of educational planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational
institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral
character, personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities,
in order to give meaningful reality to their membership in the national society, to enrich their civic
participation in the community and national life, and to unify all Filipinos into a free and just nation.
II
The Educational Community
CHAPTER 1
Preliminary Provisions
SECTION 5. Declaration of Policy and Objectives. — It is likewise declared government policy to

foster, at all times, a spirit of shared purposes and cooperation among the members and elements of
the educational community, and between the community and other sectors of society, in the realization
that only in such an atmosphere can be true goals and objectives of education be fulfilled.
Moreover, the State shall:

1. Aid and support the natural right and duty of parents in the rearing of the youth through
the educational system.
2. Promote and safeguard the welfare and interests of the students by defining their rights
and obligations, according them privileges, and encouraging the establishment
of sound relationships between them and the other members of the school
community.
3. Promote the social and economic status of all school personnel, uphold their rights,
define their obligations, and improve their living and working conditions and career
prospects.
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4. Extend support to promote the viability of those institutions through which parents,
students and school personnel seek to attain their educational goals.
SECTION 6. Definition and Coverage. — “Educational community” refers to those persons or

groups of persons as such, or associated in institutions involved in organized teaching and learning
systems.
The members and elements of the educational community are:

1. “Parents” or guardians or the head of the institution or foster home which has custody
of the pupil or student.
2. “Students,” or those enrolled in and who regularly attend an educational institution
of secondary or higher level or a person engaged in formal study. “Pupils” are
those who regularly attend a school of elementary level under the supervision and
tutelage of a teacher.
3. “School personnel,” or all persons working for an educational institution, which includes
the following:
a. “Teaching or academic staff,” or all persons engaged in actual teaching and/or
research assignments, either on full-time or part-time basis, in all levels of
the educational system.
b. “School administrators,” or all persons occupying policy implementing positions
having to do with the functions of the school in all levels.
c. “Academic non-teaching personnel,” or those persons holding some academic
qualifications and performing academic functions directly supportive of
teaching, such as registrars, librarians, guidance counsellors, researchers,
research assistants, research aides, and similar staff.
d. “Non-academic personnel,” or all other school personnel not falling under
the definition and coverage of teaching and academic staff, school
administrators and academic non-teaching personnel.
4. “Schools,” or institutions recognized by the State which undertake educational
operations.
SECTION 7. Community Participation. — Every educational institution shall provide for the
establishment of appropriate bodies through which the members of the educational community may
discuss relevant issues, and communicate information and suggestions for assistance and support of
the school and for the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in
these bodies, the rules and procedures of which must be approved by them and duly published.
CHAPTER 2
Rights
SECTION 8. Rights of Parents. — In addition to other rights under existing laws, all parents who
have children enrolled in a school shall have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing
a forum for the discussion of matters relating to the total school program, and
for ensuring the full cooperation of parents and teachers in the formulation and
efficient implementation of such programs.
609
2. The right to access to any official record directly relating to the children who are under
their parental responsibility.
SECTION 9. Rights of Students in School. — In addition to other rights, and subject to the
limitations prescribed by law and regulations, students and pupils in all schools shall enjoy the
following rights:
1. The right to receive, primarily through competent instruction, relevant quality education
in line with national goals and conducive to their full development as persons with
human dignity.
2. The right to freely choose their field of study subject to existing curricula and to continue
their course therein up to graduation, except in cases of academic deficiency, or
violation of disciplinary regulations.
3. The right to school guidance and counselling services for making decisions and selecting
the alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school
shall maintain and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to
invite resource persons during assemblies, symposia and other activities of similar
nature.
7. The right to free expression of opinions and suggestions, and to effective channels
of communication with appropriate academic and administrative bodies of the
school or institution.
8. The right to form, establish, join and participate in organizations and societies recognized
by the school to foster their intellectual, cultural, spiritual and physical growth and
development, or to form, establish, join and maintain organizations and societies
for purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their own
organizations or societies.
SECTION 10. Rights of all School Personnel. — In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school
or institution.
2. The right to be provided with free legal service by the appropriate government office in
the case of public school personnel, and through the school authorities concerned
in the case of private school personnel, when charged in an administrative, civil and/
or criminal proceedings by parties other than the school or regulatory authorities
concerned for actions committed directly in the lawful discharge of professional
duties and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and
self-regulating organizations of their choice to promote their welfare and defend
their interests.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.
610
SECTION 11. Special Rights and/or Privileges of Teaching or Academic Staff — Further to the
rights mentioned in the preceding SECTION, every member of the teaching or academic staff shall
enjoy the following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined
in their appointments or employment contracts, unless compensated therefor,
conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties
and responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either
in school administration, in classroom teaching, or others, for purposes of career
advancement.
SECTION 12. Special Rights of School Administrators. — School administrators shall, in

accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports,
be accorded sufficient administrative discretion necessary for the efficient and effective performance
of their functions.
shall enjoy the following:

1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management
systems.
2. The right for institutions of higher learning to determine on academic grounds who shall
be admitted to study, who may teach, and what shall be the subjects of the study
and research.
CHAPTER 3
Duties and Obligations
SECTION 14. Duties of Parents. — In addition to those provided for under existing laws, all
parents shall have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the
educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall
strive to enable them to obtain secondary and higher education in the pursuance
of the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program
curricular and co-curricular.
SECTION 15. Duties and Responsibilities of Students. — In addition to those provided for under
existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an
education suited to his abilities, in order that he may become an asset to his family
and to society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence
and abide by the rules and regulations governing his academic responsibilities and
moral integrity.
611
3. Promote and maintain the peace and tranquility of the school by observing the rules of
discipline, and by exerting efforts to attain harmonious relationships with fellow
students, the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly
in the social, economic and cultural development of his community and in the
attainment of a just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.
SECTION 16. Teacher’s Obligations. — Every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives
in pursuance of national development goals within the limits of available school
resources.
3. Render regular reports on performance of each student and to the latter and the latter’s
parents or guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students’ scholastic ratings for acts that are clearly
not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and
political change in his school and the community within the context of national
policies.
SECTION 17. School Administrators’ Obligations. — Every school administrator shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the
school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academic freedom and effective teaching and learning, and to
harmonious and progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students,
teachers, academic non-teaching personnel, administrative staff, and parents or
guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-
academic staff on their actual performance in relation to their expected
performance and counsel them on ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency
in disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education,
Culture and Sports.
SECTION 18. Obligations of Academic Non-Teaching Personnel. — Academic non-teaching

personnel shall:
612
1. Improve himself professionally by keeping abreast of the latest trends and techniques
in his profession.
2. Assume, promote and maintain a professional attitude towards his work, students,
teachers, administrators and administrative staff and relate with them in a
supportive and cordial manner.
3. Promote and maintain an atmosphere conducive to service and learning.
III
The Educational Systems
CHAPTER 1
Formal Education
SECTION 19. Declaration of Policy. — The State recognizes that formal education, or the school
system, is society’s primary learning system, and therefore the main instrument for the achievement of
the country’s educational goals and objectives.
SECTION 20. Definition. — “Formal Education” refers to the hierarchically structured and
chronologically graded learnings organized and provided by the formal school system and for which
certification is required in order for the learner to progress through the grades or move to higher levels.
Formal education shall correspond to the following levels:
1. Elementary Education. — the first stage of compulsory, formal education primarily
concerned with providing basic education and usually corresponding to six or
seven grades, including pre-school programs.
2. Secondary Education. — the stage of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include
the learning of employable gainful skills, usually corresponding to four years of
high school.
3. Tertiary Education. — post-secondary schooling is higher education leading to a degree
in a specific profession or discipline.
SECTION 21. Objectives of Elementary Education. — The objectives of elementary education

are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to
personal development and necessary for living in and contributing to a developing
and changing social milieu;
2. To provide learning experiences which increase the child’s awareness of and
responsiveness to the changes in and just demands of society and to prepare him
for constructive and effective involvement;
3. To promote and intensify the child’s knowledge of, identification with, and love for the
nation and the people to which he belongs; and
4. To promote work experiences which develop the child’s orientation to the world of
work and creativity and prepare himself to engage in honest and gainful work.
SECTION 22. Objectives of Secondary Education. — The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the student so as
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to equip him with skills for productive endeavor and/or prepare him for tertiary
schooling.
SECTION 23. Objectives of Tertiary Education. — The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;
2. To train the nation’s manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving
the quality of human life and responding effectively to changing societal needs
and conditions.
CHAPTER 2
Non-Formal Education and Specialized Educational Services
SECTION 24. Specialized Educational Service. — The State further recognizes its responsibility
to provide, within the context of the formal education system, services to meet special needs of certain
clientele. These specific types, which shall be guided by the basic policies of the State embodied in the
General Provisions of this Act, include:
1. “Work Education,” or “Practical Arts,” as a program of basic education which aims to

develop the right attitudes towards work; and “technical-vocational education,”
post-secondary but non-degree programs leading to one, two, or three-year
certificates in preparation for a group of middle-level occupations.
2. “Special Education,” the education of persons who are physically, mentally, emotionally,
socially, or culturally different from the so-called “normal” individuals that they
require modification of school practices/services to develop them to their
maximum capacity; and
3. “Non-formal Education,” any organized school-based educational activities undertaken
by the Ministry of Education, Culture and Sports and other agencies aimed at
attaining specific learning objectives for a particular clientele, especially the
illiterates and the out-of-school youth and adults, distinct from and outside the
regular offerings of the formal school system.
The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate
vocational/technical skills to enable them to become more productive and
effective citizens; and
c. To develop among the clientele of non-formal education proper values and
attitudes necessary for personal, community and national development.
614
CHAPTER 3
Establishment of Schools
SECTION 25. Establishment of Schools. — All schools shall be established in accordance with
law. The establishment of new national schools and the conversion of existing schools from elementary
to national secondary schools or from secondary to national secondary or tertiary schools shall be by
law: Provided, That any private school proposed to be established must incorporate as a non-stock
educational corporation in accordance with the provisions of the Corporation Code of the Philippines.
This requirement to incorporate may be waived in the case of family-administered pre-school institutions.
Government assistance to such schools for educational programs shall be used exclusively for
that purpose.
SECTION 26. Definition of Terms. — The terms used in this Chapter are defined as follows:
1. “Schools” are duly established institutions of learning or educational institutions.
2. “Public Schools” are educational institutions established and administered by the
government.
3. “Private Schools” are educational institutions maintained and administered by private
individuals or groups.
SECTION 27. Recognition of Schools. — The educational operations of schools shall be subject
to the prior authorization of the government, and shall be affected by recognition. In the case of
government operated schools, whether local, regional, or national, recognition of educational programs
and/or operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced
by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing
for a permit system, stating the conditions for the grant of recognition and for its cancellation and
withdrawal, and providing for related matters.
SECTION 28. Effects of Recognition; Punishable Violations. — The issuance of a certificate of

recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitles the school or college to give the students who have completed the course for
which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or courses
to all the benefits and privileges enjoyed by graduates in similar courses of studies
in all schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation

thereof in violation of the terms of recognition, are hereby declared punishable violations subject to
the penalties provided in this Act.
SECTION 29. Voluntary Accreditation. — The Ministry shall encourage programs of voluntary
accreditation for institutions which desire to meet standards of quality over and above the minimum
required for State recognition.
615
CHAPTER 4
Internal Organization of School
SECTION 30. Organization of Schools. — Each school shall establish such internal organization
as will best enable it to carry out its academic and administrative functions, subject to limitations
provided by law.
Each school shall establish such arrangements for the peaceful settlement of disputes between
or among the members of the educational community.
SECTION 31. Governing Board. — Every government college or university established as a

tertiary institution and every private school shall have a governing board pursuant to its charter or to
the Corporation Code of the Philippines, as the case may be.
SECTION 32. Personnel Transactions. — The terms and conditions of employment of personnel
in government schools shall be governed by the Civil Service, budgetary and compensation laws and
rules.
In private schools, disputes arising from employer-employee relations shall fall under the
jurisdiction of the Ministry of Labor and Employment as provided for by law and regulations: Provided,
That in view of the special employment status of the teaching and academic non-teaching personnel,
and their special roles in the advancement of knowledge, standards set or promulgated jointly by
the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be
applied by the Ministry of Labor and Employment: Provided, further, That every private school shall
establish and implement an appropriate system within the school for the prompt and orderly settlement
of personnel disputes at the school level, subject to the provisions of Articles 262 and 263 of the
Labor Code.
CHAPTER 5
School Finance and Assistance
SECTION 33. Declaration of Policy. — It is hereby declared to be the policy of the State that the
national government shall contribute to the financial support of educational programs pursuant to the
goals of education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other
forms of incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and
other assistance measures.
A. Funding of Public Schools
SECTION 34. National Funds. — Public schools shall continue to be funded primarily from
national funds: Provided, That local governments shall be encouraged to assume operation of local
public schools on the basis of national fund participation and adequate revenue sources which may be
assigned by the national government for the purpose.
SECTION 35. Financial Aid and Assistance to Public Secondary Schools. — The national
government shall extend financial aid and assistance to public secondary schools established and
maintained by local governments, including barangay high schools.
616
SECTION 36. Share of Local Government. — Provinces, cities and municipalities and barangays
shall appropriate funds in their annual budgets for the operation and maintenance of public secondary
schools on the basis of national fund participation.
SECTION 37. Special Education Fund. — The proceeds of the Special Education Fund accruing
to local governments shall be used exclusively for the purposes enumerated in SECTION 1 of Republic
Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture
and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be
subject to Presidential Decree No. 477, Presidential Decree No. 1375 and other applicable local budget
laws and regulations.
SECTION 38. Tuition and other School Fees. — Secondary and post-secondary schools may
charge tuition and other school fees, in order to improve facilities or to accommodate more students.
SECTION 39. Income from other Sources. — Government-supported educational institutions

may receive grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may
be retained and used for schools concerned in accordance with rules and regulations jointly issued
consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry
of Education, Culture and Sports and the Commission on Audit.
B. Funding of Private Schools
SECTION 40. Funding of Private Schools. — Private schools may be funded from their capital
investments or equity contributions, tuition fees and other school charges, grants, loans, subsidies,
passive investment income and income from other sources.
SECTION 41. Government Assistance. — The government, in recognition of their complementary

role in the educational system, may provide aid to the programs of private schools in the form of grants
or scholarships, or loans from government financial institutions: Provided, That such programs meet
certain defined educational requirements and standards and contribute to the attainment of national
development goals.
SECTION 42. Tuition and Other School Fees. — Each private school shall determine its rate of
tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this
provision shall be collectible, and their application or use authorized, subject to rules and regulations
promulgated by the Ministry of Education, Culture and Sports.
SECTION 43. Income from Other Sources. — Any private school duly recognized by the
government, may receive any grant and legacy, donation, gift, bequest or devise from any individual,
institution, corporation, foundation, trust or philanthropic organization, or research institution or
organization as may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate
income primarily to finance their educational operations and/or to reduce the need to increase students’
fees.
SECTION 44. Institutional Funds. — The proceeds from tuition fees and other school charges,
as well as other income of schools, shall be treated as institutional funds. Schools may pool their
institutional funds, in whole or in part, under joint management for the purpose of generating additional
financial resources.
617
C. Incentives to Education
SECTION 45. Declaration of Policy. — It is the policy of the State in the pursuit of its national
education development goals to provide an incentive program to encourage the participation of the
community in the development of the educational sector.
SECTION 46. Relating to School Property. — Real property, such as lands, buildings and other
improvements thereon used actually, directly and exclusively for educational purposes shall be subject
to the real property tax based on an assessment of fifteen percent of the market value of such
property: Provided, That all the proceeds from the payment thereof shall accrue to a special private
education fund which shall be managed and disbursed by a local private school board which shall be
constituted in each municipality or chartered city with private educational institutions with the mayor
or his representative as chairman and not more than two representatives of the institutional taxpayers,
and, likewise, not more than two residents of the municipality or chartered city who are alumni of
any of the institutional taxpayers as members: Provided, further, That fifty percent of the additional
one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the
special private education fund: Provided, finally, That in municipalities or chartered cities wherein the
number of private institutions with individual enrollment of pupils and students over five thousand
exceeds fifteen, the members of the private school board shall be increased to not more than fourteen
members determined proportionately by the Minister of Education, Culture and Sports. The private
school board shall adopt its own rules which shall enable it to finance the annual programs and projects
of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of
instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition;
and extension service in the community, in that order of priority.
SECTION 47. Relating to Gifts or Donations to Schools. — All gifts or donations in favor of any
school, college or university recognized by the Government shall not be subject to tax: Provided, That
such gifts or donations shall be for improvement of classrooms and laboratory or library facilities, and
shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid
out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty
and/or professorial chairs.
SECTION 48. Relating to Earnings from Established Scholarship Funds. — All earnings from
the investment of any duly established scholarship fund of any school recognized by the government,
constituted from gifts to the school, and/or from contributions or other resources assigned to said
fund by the school, if said earnings are actually used to fund additional scholarship grants to financially
deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the
outstanding balance thereof shall be subject to tax.
SECTION 49. School Dispersal Program. — All gains realized from the sale, disposition or transfer
of property, real or personal, of any duly established private school, college or university, in pursuance
of a school dispersal program of the government or of the educational institution as approved by the
government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a
new or existing duly established school, college, or university located in the dispersal site, within one
(1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized
from the transaction shall immediately become due and payable.
SECTION 50. Conversion to Educational Foundations. — An educational institution may convert

itself into a non-stock, non-profit educational foundation, in accordance with the implementing rules to
be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational
institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other
obligations may be conveyed and transferred to any non-profit educational institution or successor
non-profit educational institution or to be distributed by a court to another organization to be used in
such manner as in the judgment of said court will best accomplish the general purposes for which the
dissolved organization was organized, or to the State.
618
D. Assistance to Students
SECTION 51. Government Assistance to Students. — The government shall provide financial
assistance to financially disadvantaged and deserving students. Such assistance may be in the form of
State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates
in State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for financially
needed but academically qualified students from the national cultural communities.
SECTION 52. Grant of Scholarship Pursuant to Existing Laws. — Educational institutions shall be encouraged
to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures
as may hereafter be provided for by law.
SECTION 53. Assistance from the Private Sector. — The private sector, especially educational
institutions, business and industry, shall be encouraged to grant financial assistance to students,
especially those undertaking research in the fields of science and technology or in such projects as
may be necessary within the context of national development.
IV
The Ministry of Education, Culture and Sports
CHAPTER 1
General Provisions
SECTION 54. Declaration of Policy. — The administration of the education system and, pursuant
to the provisions of the Constitution, the supervision and regulation of educational institutions are
hereby vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of
the charter of any state college and university.
SECTION 55. Organization. — The Ministry shall be headed by the Minister of Education, Culture
and Sports who shall be assisted by one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry Proper composed of the
immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education,
which is hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary
Education, the Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the
Bureau of Continuing Education, which are hereby established, (d) Regional offices and field offices, (e)
the National Scholarship Center and such other agencies as are now or may be established pursuant
to law, and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the
National Museum, and the Institute of National Language. Such of the above offices as are created or
authorized to be established under this provision, shall be organized and staffed and shall function,
subject to the approval of the President, upon recommendation of the Minister of Education, Culture
and Sports in consultation with the Presidential Commission on Reorganization.
SECTION 56. The National Board of Education is hereby abolished, and its appropriations,
personnel, records, and equipment are hereby transferred to the Office of the Minister of Education,
Culture and Sports.
SECTION 57. Functions and Powers of the Ministry. — The Ministry shall:
1. Formulate general education objectives and policies, and adopt long-range educational
plans;
619
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision and
regulation of the educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various cultural
agencies under it;
6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.
SECTION 58. Report to the Batasang Pambansa. — The Minister of Education, Culture and
Sports shall make an annual report to the Batasang Pambansa on the implementation of the national
basic education plan, the current condition of the education sector, the effectiveness of the education
programs, the adequacy or deficiency of the appropriations and status of expenditures, the impact
of education on the different regions, the growth of enrollment, the adequacy of academic facilities,
the concentration of low income groups, or the supply of teaching and non-teaching personnel, with
such comments and appropriate recommendations thirty (30) days before the opening of its regular
session.
CHAPTER 2
Board of Higher Education
SECTION 59. Declaration of Policy. — Higher education will be geared towards the provision of
better quality education, the development of middle and high-level manpower, and the intensification
of research and extension services. The main thrust of higher education is to achieve equity, efficiency,
and high quality in the institutions of higher learning both public and private, so that together they will
provide a complete set of program offerings that meet both national and regional development needs.
SECTION 60. Organization of the Board of Higher Education. — The Board of Higher Education
is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall
be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four
other members to be appointed by the President of the Philippines upon nomination by the Minister
of Education, Culture and Sports for a term of four years. The four members shall have distinguished
themselves in the field of higher education and development either in the public or private sector. In
the initial appointment of the non-ex officio members, the first appointee shall serve for a term of four
years; the second for a term of three years; the third for a term of two years, and the fourth for a term
of one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the
Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the
necessary technical and staff support: Provided, That the Board may create technical panels of experts
in the various disciplines as the need arises.
SECTION 61. Functions of the Board of Higher Education. — The Board shall:
1. Make policy recommendations regarding the planning and management of the integrated
system of higher education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to improve the
governance of the various components of the higher education system at national
and regional levels.
3. Assist the Minister of Education, Culture and Sports in making recommendations relative
to the generation of resources and their allocation for higher education.
620
CHAPTER 3
The Bureaus
SECTION 62. Bureau of Elementary Education. — The Bureau shall perform the following
functions:
1. Conduct studies and formulate, develop, and evaluate programs and educational
standards for elementary education;
2. Undertake studies necessary for the preparation of prototype curricular designs,
instructional materials, and teacher training programs for elementary education;
and
3. Formulate guidelines to improve elementary school physical plants and equipment, and
general management of these schools.
SECTION 63. Bureau of Secondary Education. — The Bureau shall perform the following
functions:
1. Conduct studies and formulate, develop and evaluate programs and educational
standards for secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and evaluate
programs to upgrade the quality of the teaching and non-teaching staff at the
secondary level;
3. Formulate guidelines to improve the secondary school physical plants and equipment,
and general management of these schools.
SECTION 64. Bureau of Technical and Vocational Education. — The Bureau shall perform the
following:
1. Collaborate with other agencies in the formulation of manpower plans;
2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical
programs and recommend educational standards for these programs;
3. Develop curricular designs and prepare instructional materials, prepare and evaluate
programs to upgrade the quality of teaching and non-teaching staff, and formulate
guidelines to improve the physical plant and equipment of post-secondary
vocational-technical schools.
SECTION 65. Bureau of Higher Education. — The Bureau of Higher Education shall perform the
following functions:
1. Develop, formulate and evaluate programs, projects and educational standards for a
higher education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and
advisory functions;
3. Provide technical assistance to encourage institutional development programs and
projects;
4. Compile analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
621
SECTION 66. Bureau of Continuing Education. — As the main implementing arm of the non-
formal education programs of the Ministry, the Bureau shall provide learning programs or activities that
shall:
1. Serve as a means of meeting the learning needs of those unable to avail themselves of
the educational services and programs of formal education;
2. Provide opportunities for the acquisition of skills necessary to enhance and ensure
continuing employability, efficiency, productivity, and competitiveness in the labor
market;
3. Serve as a means for expanding access to educational opportunities to citizens of varied
interests, demographic characteristics and socio-economic origins or status.
CHAPTER 4
Regional Offices
SECTION 67. Functions. — A regional office shall:

1. Formulate the regional plan of education based on the national plan of the Ministry
taking into account the specific needs and special traditions of the region;
2. Implement education laws, policies, plans, programs, rules and regulations of the
Ministry or agency in the regional area;
3. Provide economical, efficient and effective education services to the people in the area.
V
CHAPTER 1
Penal and Administrative Sanctions
SECTION 68. Penalty Clause. — Any person upon conviction for an act in violation of SECTION 28,
Chapter 3, Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00)
nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2)
years, or both, in the discretion of the court.
If the act is committed by a school corporation, the school head together with the person or
persons responsible for the offense or violation shall be equally liable.
SECTION 69. Administrative Sanction. — The Minister of Education, Culture and Sports may
prescribe and impose such administrative sanction as he may deem reasonable and appropriate in the
implementing rules and regulations promulgated pursuant to this Act for any of the following causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its
implementing rules and regulations; and
622
5. Unauthorized operation of a school, or course, or any component thereof, or any
violation of the requirement governing advertisements or announcements of
educational institutions.
Sanctions against the schools shall be without prejudice to the interest of the students, teachers
and employees.
CHAPTER 2
Administrative Provisions
SECTION 70. Rule-making Authority. — The Minister of Education, Culture and Sports charged
with the administration and enforcement of this Act, shall promulgate the necessary implementing rules
and regulations.
SECTION 71. Separability Provision. — Any part or provision of this Act which may be held
invalid or unconstitutional shall not affect its remaining parts or provisions.
SECTION 72. Repealing Clause. — All laws or parts thereof inconsistent with any provision of this
Act shall be deemed repealed or modified, as the case may be.
623
II. Child-related Laws

Title of Law: An Act Postponing The May 2020 Barangay And Sangguniang Kabataan Elections, Amend-
ing For The Purpose Republic Act No. 9164, As Amended By Republic Act No. 9340, Republic Act No.
10632, Republic Act No. 10656, Republic Act No. 10923 And Republic Act No. 10952, And For Other Pur-
poses
Short Title: N/A
Amended by: N/A

Title of Law: An Act Providing for a Magna Carta of the Poor
Short Title: Magna Carta of the Poor
Amended by: N/A

Title of Law: An Act Instituting Universal Health Care For All Filipinos, Prescribing Reforms In The Health
Care System, And Appropriating Funds Therefor
Short Title: Universal Health Care Act
Type of Law: Administrative and Criminal
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules And Regulations Of The Universal Health Care
Act (Republic Act No. 11223) (October 10, 2019)
624
Title of Law: An Act Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female
Workers With an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting an Ad-
ditional Fifteen (15) Days for Solo Mothers, and for Other Purposes
Short Title: 105-Day Expanded Maternity Leave
Type of Law: Civil
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of the 105-Day Expanded
Maternity Leave Law (R.A. No. 11210) (May 1, 2019)

Title of Law: An Act Strengthening the Philippine Comprehensive Policy on Human Immunodeficien-
cy Virus (HIV) And Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care, and
Support, and Reconstituting the Philippine National Aids Council (PNAC), Repealing for the Purpose
Republic Act No. 8504, Otherwise Known as the “Philippine Aids Prevention And Control Act of 1998”,
and Appropriating Funds therefor
Short Title: Philippine HIV and AIDS Policy Act
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of the Philippine HIV and AIDS
Policy Act (July 12, 2019)

Title of Law: An Act Establishing the Philippine Identification System
Short Title: Philippine Identification System Act
Amended by: N/A
Implementing Rules and Regulation: Revised Implementing Rules and Regulations of Republic Act No.
11055 (Philippine Identification System Act) (February 26, 2021)
625
Title of Law: An Act Prohibiting Hazing and Regulating Other Forms of Initiation Rites of Fraternities,
Sororities, and Other Organizations, and Providing Penalties for Violations Thereof, Amending for the
Purpose Republic Act No. 8049, Entitled “An Act Regulating Hazing and Other Forms of Initiation Rites
in Fraternities Sororities, and Organizations and Providing Penalties Therefor
Short Title: Anti-Hazing Act of 2018
Type of Law: Criminal and Civil
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act No. 11053
(Anti-Hazing Act of 2018) (September 30, 2020)

Title of Law: An Act Establishing a National Mental Health Policy for the Purpose of Enhancing the
Delivery of Integrated Mental Health Services, Promoting and Protecting the Rights of Persons Utilizing
Psychosocial Health Services, Appropriating Funds Therefor and Other Purposes
Short Title: Mental Health Act
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act No. 11036,
Otherwise Known as the Mental Health Act (January 22, 2019)

Title of Law: An Act Postponing the October 2017 Barangay and Sangguniang Kabataan Elections,
Amending for the Purpose Republic Act No. 9164, as Amended by Republic Act No. 9340, Republic Act
No. 10632, Republic Act No. 10656, and Republic Act No. 10923, and for Other Purposes
Short Title: N/A
626
Republic Act Number: Republic Act No.10931
Title of Law: An Act Promoting Universal Access to Quality Tertiary Education by Providing for Free
Tuition and Other School Fees in State Universities and Colleges, Local Universities and Colleges and
State-Run Technical-Vocational Institutions, Establishing the Tertiary Education Subsidy and Student
Loan Program, Strengthening the Unified Student Financial Assistance System for Tertiary Education,
and Appropriating Funds Therefor
Short Title: Universal Access to Quality Tertiary Education Act
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act No. 10931 (Uni-
versal Access to Quality Tertiary Education Act of 2017) (February 22, 2018)

Title of Law: An Act Establishing the Free Internet Access Program in Public Places in the Country ad
Short Title: Free Internet Access in Public Places Act
Amended by: N/A
Implementing Rules and Regulation: Rules and Regulations to Implement the Provisions of Republic Act
No. 10929 (Free Internet Access in Public Places Act) (June 14, 2018)

Title of Law: An Act Expanding the Benefits and Privileges of Persons with Disability (PWD)
Short Title: N/A
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act No. 10754 an
Act Expanding the Benefits and Privileges of Persons with Disability (December 1, 2016)
627
Title of Law: An Act Promulgating a Comprehensive Policy in Addressing the Needs of Persons with
Rare Disease
Short Title: Rare Diseases Act of the Philippines
Amended by: N/A
“Rare Diseases Act of the Philippines” (December 7, 2017)

Title of Law: An Act Promoting Entrepreneurship and Financial Education Among Filipino Youth
Short Title: Youth Entrepreneurship Act
Amended by: N/A

Title of Law: An Act To Effectively Instill Health Consciousness Through Graphic Health Warnings On
Tobacco Products
Short Title: The Graphic Health Warnings Law
Amended by: N/A
Implementing Rules and Regulation: The Implementing Rules and Regulations of RA 10643 (The
Graphic Health Warning Law) (February 9, 2016)
628
Title of Law: An Act Amending Republic Act. No. 7875 otherwise known as the “National Health Insur-
ance Act of 1995”, as amended, and for other purposes
Short Title: National Health Insurance Act of 2013


Implementing Rules and Regulation: see Implementing Rules And Regulations Of The Universal Health
Care Act (Republic Act No. 11223) (October 10, 2019)
Title of Law: An Act Expanding The Positions Reserved For Persons With Disability, Amending For The
Purpose Republic Act No. 7277, As Amended, Otherwise Known As The Magna Carta For Persons With
Disability
Short Title: The Magna Carta For Persons With Disability

Amended by: N/A

(August 15, 2016)
Title of Law: An Act Protecting Individual Personal Information in Information and Communications Sys-
tems in the Government and the Private Sector, Creating for this Purpose a National Privacy Commission
Short Title: Data Privacy Act of 2021

Amended by: N/A

Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act No. 10173,
known as the “Data Privacy Act Of 2012” (August 24, 2016)
629
Title of Law: An Act Establishing An Institutional Mechanism To Ensure The Implementation Of Programs
And Services For Persons With Disabilities In Every Province, City And Municipality, Amending Republic
Act No 7277, Otherwise Known As The “Magna Carta For Disabled Persons”, As Amended, And For
Other Purposes
Short Title: N/A


Amended by: N/A
(August 25, 2016)
Title of Law: An Act Providing A Mechanism For Free Legal Assistance And For Other Purposes
Short Title: Free Legal Assistance of 2010

Amended by: N/A

Title of Law: An Act Defining And Penalizing The Crime Of Photo And Video Voyeurism, Prescribing Pen-
alties Therefor, And For Other Purposes
Short Title: Anti-Photo and Video Voyeurism Act of 2009

Amended by: N/A

630
Title of Law: An Act Defining And Penalizing Crimes Against International Humanitarian Law, Genocide, And Other
Crimes Against Humanity, Organizing Jurisdiction, Designating For Special Courts, And For Related Purposes
Short Title: Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against
Humanity
Amended by: N/A

Title of Law: An Act Penalizing Torture And Other Cruel, Inhuman And Degrading Treatment Or Punish-
ment And Prescribing Penalties Therefor
Short Title: Anti- Torture Act of 2009

Amended by: N/A

Implementing Rules and Regulation: Implementing Rules and Regulations of Republic Act 9745 (De-
cember 10, 2010)
Title of Law: An Act Providing For The Magna Carta For Women
Short Title: The Magna Carta of Women

Category of Child’s Rights: Survival, Development, and Protection
Amended by: N/A

Implementing Rules and Regulation: The Implementing Rules and Regulations of Republic Act No. 9710,
otherwise known as the “Magna Carta of Women.”, PCW Board Resolution No. 001-10 (March 30, 2010)
631
Title of Law: An Act Amending Republic Act No. 7277, Otherwise Known As The “Magna Carta For Dis-
abled Persons,” And For Other Purposes
Short Title: N/A

Amended by: N/A

Implementing Rules and Regulation: Implementing Rules And Regulations of Republic Act No. 9442
(2007)
Title of Law: An Act Establishing The Philippine Food Fortification Program And For Other Purposes
Short Title: Philippine Food Fortification Act of 2000

Amended by: N/A

Implementing Rules and Regulation: The Implementing Rules and Regulations of Republic Act No.
8976 Entitled: “An Act Establishing the Philippine Food Fortification Program and for Other Purpos-
es” (March 24, 2002)
Title of Law: An Act Amending Title I, Chapter 3, Article 39 Of Executive Order No. 209, Otherwise
Known As The Family Code Of The Philippines, Nullifying The Prescriptive Period For Action Or De-
fenses Grounded On Psychological Incapacity
Short Title: N/A

Type of Law: Civil
Amended by: N/A

632
Title of Law: An Act Institutionalizing The Social Reform And Poverty Alleviation Program, Creating For
The Purpose The National Anti-Poverty Commission, Defining Its Powers And Functions, And For Other
Purposes
Short Title: Social Reform and Poverty Alleviation Act


Amended by: N/A
Implementing Rules and Regulation: Rules and Regulations Implementing the Social Reform and Poverty
Alleviation Act of 1998 (R.A. No. 8425) (December 23, 1998)
Title of Law: An Act To Recognize, Protect And Promote The Rights Of Indigenous Cultural Communi-
ties/Indigenous Peoples, Creating A National Commission On Indigenous Peoples, Establishing Imple-
menting Mechanisms, Appropriating Funds Therefor, And For Other Purposes
Short Title: The Indigenous Peoples Rights Act of 1997

Category of Child’s Rights: Survival and Development, Protection
Amended by: N/A

Implementing Rules and Regulation: Rules and Regulations Implementing The Indigenous Peoples’
Rights Act of 1997 (IPRA), NCIP Administrative Order No. 01-98 (June 9, 1998)

Title of Law: An Act Promoting Salt Iodization Nationwide And For Related Purposes
Short Title: An Act for Salt Iodization Nationwide (ASIN)
Amended by: N/A
Implementing Rules and Regulation: Implementing Rules and Regulations for Republic Act
No. 8172 An Act Promoting Salt Iodization Nationwide (1996)
633
Title of Law: An Act Providing For The Rehabilitation, Self-Development And Self-Reliance Of Disabled
Person And Their Integration Into The Mainstream Of Society And For Other Purposes
Short Title: Magna Carta for Persons with Disability

Amended by: Amended by RA No. 10754, RA No. 10524, RA No. 10070, RA No. 9442
Implementing Rules and Regulation: Implementing Rules and Regulations of the Magna Carta for Dis-
abled Persons (R.A. 7277) (September 1995); see Implementing Rules and Regulations of Republic Act
No. 10754 an Act Expanding the Benefits and Privileges of Persons with Disability (December 1, 2016)
Presidential Decree Number: Presidential Decree No. 1083
Title of Law: A Decree To Ordain And Promulgate A Code Recognizing The System Of Filipino Muslim
Laws, Codifying Muslim Personal Laws, And Providing For Its Administration And For Other Purposes
Short Title: Code of Muslim Personal Laws of the Philippines

Type of Law: Civil, Criminal, Administrative

Amended by: N/A
634
III. Annex
List of Implementing Rules and Regulations
Title Date
Implementing Rules and Regulations of Republic Act No. 11908
June 15, 2023
(The Parent Effectiveness Service Program Act)
May 18, 2023
(Anti-OSAEC and Anti-CSAEM Act)
2022 Implementing Rules and Regulations of Republic Act (R.A.)
No. 9208 (The “Anti-Trafficking in Persons Act Of 2003”), as
Amended by R.A. No. 10364 (The Expanded Anti-Trafficking in March 18, 2023
Persons Act Of 2012) and further Amended by R.A. No. 11862
(The Expanded Anti-Trafficking in Persons Act Of 2022)
Implementing Rules and Regulations of RA No. 11596 (An Act
Prohibiting the Practice of Child Marriage and Imposing Penalties December 7, 2022
for Violations thereof)
September 9, 2022
(Foundling Recognition and Protection Act)
(The Domestic Administrative Adoption and Alternative Child June 28, 2022
Care Act)
Implementing Rules and Regulations (IRR) of Republic Act No.
July 12, 2021
(RA) 10676 (Student-Athletes Protection Act)
Implementing Rules and Regulations of the Basic Life Support
March 26, 2021
Training in Schools Act (Republic Act No. 10871)
March 2, 2021
(Children’s Television Act of 1997)
Revised Implementing Rules and Regulations of Republic Act No.
February 26, 2021
11055 (Philippine Identification System Act)
September 30, 2020
(Anti-Hazing Act of 2018)
Implementing Rules and Regulations of Republic Act No. 11229 or
December 23, 2019
the “Child Safety in Motor Vehicles Act”
(Implementing Rules and Regulations of Republic Act No. 11313
October 28, 2019
(Safe Spaces Act)
Implementing Rules And Regulations Of The Universal Health
October 10, 2019
Care Act (Republic Act No. 11223)
(Implementing Rules and Regulations of the “Simulated Birth
October 7, 2019
Rectification Act” (R. A. No. 11222)
Implementing Rules and Regulations of the Philippine HIV and
July 12, 2019
AIDS Policy Act
Rules and Regulations Implementing Republic Act No. 11188 (The
Special Protection of Children in Situations of Armed Conflict June 4, 2019
Act)
Implementing Rules And Regulations (IRR) Of Republic Act (RA)
11148, Otherwise Known As The “Kalusugan At Nutrisyon Ng May 2, 2019
Mag-Nanay Act”
635
Title Date
Implementing Rules and Regulations of the 105-Day Expanded
May 1, 2019
Maternity Leave Law (R.A. No. 11210),May 1, 2019
Implementing Rules and Regulations of Republic Act No. 11036,
January 22, 2019
Otherwise Known as the Mental Health Act
Implementing Rules and Regulations of Republic Act No. 10620 January 20, 2019
Implementing Rules And Regulations Of Republic Act No.11037,
Otherwise Known As The “Masustansyang Pagkain Para Sa 2019
Batang Pilipino Act”
Implementing Rules and Regulations of Republic Act No. 10882 August 8, 2018
Rules and Regulations to Implement the Provisions of Republic
June 14, 2018
Act No. 10929 (Free Internet Access in Public Places Act)
February 22, 2018
(Universal Access to Quality Tertiary Education Act of 2017)
December 7, 2017
“Rare Diseases Act of the Philippines”
Implementing Rules and Regulations of Republic Act No. 10666 April 4, 2017
Amending for the Purpose Republic Acts 9547 and 7323, Other-
March 20, 2017
wise Known as the Special Program for Employment of Students
(SPES), DOLE Department Order No. 175, S. 2017
The Implementing Rules And Regulations (IRR) Of Republic Act
No. 10821 Or The Children’s Emergency Relief And Protection February 28, 2017
Act
an Act Expanding the Benefits and Privileges of Persons with December 1, 2016
Disability
Implementing Rules and Regulations of Republic Act No. 10173,
August 24, 2016
known as the “Data Privacy Act Of 2012”
Implementing Rules and Regulations of Republic Act No. 10742 July 11, 2016
June 22,2016
or the Palarong Pambansa Act of 2013
Revised Implementing Rules and Regulations of Republic Act No.
March 22, 2016
9255, PSA Administrative Order No. 01-16
The Revised Rules and Regulations Implementing Republic Act
February 15, 2016
No. 9208, as amended by Republic Act No. 10364
The Implementing Rules and Regulations of RA 10643 (The
February 9, 2016
Graphic Health Warning Law)
August 12, 2015
(Rural Farm Schools Act), DepEd Order No. 036-15
Implementing Rules and Regulations (IRR) of the “Iskolar ng
April 13, 2015
Bayan Act of 2014” (Republic Act No. 10648
Revised Rules and Regulations Implementing Republic Act No.
August 11, 2014
9344, as Amended by R.A. 10630, JJWC Resolution No. 02-14
Implementing Rules And Regulations Of Republic Act No. 10612,
Otherwise Known As The “Fast-Tracked S&T Scholarship Act Of August 4, 2014
2013”
636
Title Date
Implementing Rules and Regulations of The Anti-Bullying Act of
December 13, 2013
2013 (Republic Act No. 10627)
November 4, 2013
(Early Years Act of 2013)
Implementing Rules and Regulations of the Enhanced Basic Edu-
September 4, 2013
cation Act of 2013 (Republic Act No. 10533)
Implementing Rules And Regulations Of Republic Act No. 10361,
otherwise known as The “Domestic Workers Act” Or “Batas May 9, 2013
Kasambahay”
Implementing Rules and Regulations of RA 10354 (The Responsi-
March 15, 2013
ble Parenthood and Reproductive Health Act of 2012)
Implementing Rules and Regulations of the Foster Care Act of
February 14, 2013
2012
Implementing Rules and Regulations of Republic Act 10157, oth-
April 17, 2012
erwise known as the Kindergarten Education Act
Rules and Regulations Implementing Republic Act No. 10028 also
August 22, 2011
known as the “Expanded Breastfeeding Promotion Act of 2009”
Implementing Rules and Regulations of Republic Act 9745 December 10, 2010
Rules and Regulations Governing the Implementation of Republic
Act No. 9858 (An Act Providing for the Legitimation of Children
Born to Parents Below Marrying Age, Amending for the Purpose October 26, 2010
the Family Code of the Philippines, as Amended),|NSO Adminis-
trative Order No. 01-10
Rules and Regulations Implementing Republic Act (R.A.) No.
9709 Otherwise Known as the “Universal Newborn Hearing June 28, 2010
Screening Act of 2009”, DOH Administrative Order No. 020-10
Implementing Rules and Regulations of Republic Act No. 9775 June 22, 2010
The Implementing Rules and Regulations of Republic Act No.
9710, otherwise known as the “Magna Carta of Women.”, PCW March 30, 2010
Board Resolution No. 001-10
Implementing Rules and Regulations of Republic Act 9523 June 1, 2009
Implementing Rules And Regulations of Republic Act No. 9442 2007
Rules and Regulations Implementing Republic Act No. 9288, DOH
October 22, 2004
Circular No. 333-04
The Rules and Regulations Implementing the Anti-Violence
September 21, 2004
Against Women and Their Children Act of 2004
Rules and Regulations Implementing Republic Act No. 9231
Amending R.A. 7610, as Amended, DOLE Department Order No. July 26, 2004
065-04
Rules and Regulations Implementing Republic Act No. 9211,
Otherwise Known as the Tobacco Regulation Act of 2003, IAC February 26, 2004
Memorandum Circular No. 1-04
The Implementing Rules and Regulations of Republic Act No.
8976 Entitled: “An Act Establishing the Philippine Food Fortifica- March 24, 2002
tion Program and for Other Purposes”
Rules and Regulations in the Implementation of Republic Act No.
8972, An Act Providing for Benefits and Privileges to Solo Par-
2001
ents and their Children, Appropriating Funds therefor and for
Other Purposes
637
Title Date
Rules and Regulations Implementing the Social Reform and Pov-

December 23, 1998
erty Alleviation Act of 1998 (R.A. No. 8425)
Rules and Regulations Implementing The Indigenous Peoples’

June 9, 1998
Rights Act of 1997 (IPRA), NCIP Administrative Order No. 01-98
Implementing Rules and Regulations for Republic Act No. 8172
1996
An Act Promoting Salt Iodization Nationwide
Implementing Rules and Regulations of the Magna Carta for Dis-
September 1995
abled Persons (R.A. 7277)
Rules and Regulations Implementing Republic Act No. 7658, De-
May 12, 1994
partment Order No. 18
Regulations on the Reporting and Investigation of Child Abuse
October 1993
Cases (R.A. No. 7610)
638
List of Issuances from National Government Agencies 1
Council for the Welfare of Children
Issuance Date of
Title
Number Issuance
Board Resolu- A Resolution Approving and Adopting the Guidelines on the

November 28,
tion No. 11, s. Strengthening of Protection Programs for Children, Families, and
2022
2022 Indigenous Peoples in Street Situations (CFIPSS)
Board Resolu-
A Resolution Approving the Concept Paper on the Development of
tion No. 10, s. March 30, 2022
the Philippine Situational Analysis on Children
2022
Board Resolu-
A Resolution Approving the Proposed Focus of the 2020-2021 State
of the Filipino Children Report
2022
Board Resolu-
A Resolution Approving the Theme of the 30th National Children’s
Month
2022
Board Resolu- A Resolution Approving the Adolescent Mental Health and Psycho-
tion No. 7, s. March 30, 2022 social Support Training Manual for Service Providers During Emer-
2022 gencies
Board Resolu-
A Resolution Approving the Situational Analysis on Children in Street
Situations
2022
Board Resolu- A Resolution Approving the Philippine Plan of Action to End Violence
tion No. 5, s. March 30, 2022 Against Children (PPAEVAC) Advocacy and Communication (Advo-
2022 Com) Plan
Board Resolu-
A Resolution Approving the Moratorium of 2020 Presidential Awards
for Child-Friendly Municipalities and Cities (PACFMC)
2022
Board Reso-
A Resolution Approving the Guidelines of Local Children’s Associa-
lution No. 3, s. March 30, 2022
tion Including its Functionality Indicator and Mapping Tool
2022
1 Note: The following table is based on existing issuances derived from prefatory research.
It may be expanded as needed to include more updated issuances derived from the concerned
duty-bearer.
639
Board Resolu-
A Resolution Approving the Enhanced Guidebook on Child Participa-
tion in the Philippines
2022
Board Reso-
A Resolution Approving and Adopting the Results of the 2019
lution No. 1, s. March 30, 2022
Child-Friendly Local Governance Audit (CFLGA)
2022
Board Reso-
A Resolution Approving the Theme of the 29th National Children’s
lution No. 1, s. April 14, 2021
Month
2021
Board Reso-
A Resolution Inviting the National Youth Commission (NYC) to the
lution No. 3, July 19, 1997
Council for the Welfare of Children (CWC)
series of 1997
Board Reso- A Resolution Supporting the Creation of a Separate Children’s Sector

January 15,
lution No. 2, and to Include Representation of Children in All Political, Social and
1997
series of 1997 Cultural Structures of the Government
Board Reso- A Resolution Recommending the Membership of the Council for the
January 15,
lution No. 1, Welfare of Children as Represented by Its Executive Director to the
1997
series of 1997 Social Development Committee Technical Board
Commission on Human Rights
Issuance Date of
Title
Number Issuance
CHR (V) A2021- February 23, Human Rights Advisory On The Protection Of Children Of Incarcerat-
002 2021 ed Parents
CHR (V)
A2020-014 Advisory On The Protection Of Children From Online Sexual Abuse
June 3, 2020
And Exploitation During Covid-19
640
Issuance Date of
Title
Number Issuance
CHR (V) Advisory on Handling of Children in Street Situation (CISS) in times

April 1, 2020
A2020-003 of National Health Emergency
CHR (V) A2019- February 6, Human Rights Advisory On The Lowering Of The
002 2019 Minimum Age Of Criminal Responsibility
CHR (V) No. December 3, Operational Guidelines and Rules of Procedure for
AM2018-295 2018 Monitoring the Convention on the Rights of the Child
On the Expulsion of Students in Golden Heritage

September 23,
CHR A2016-001 Polytechnic College by Reason of Their “No Love Affair” School
2016
Policy
CHR-A2010- On the Continuing Practice of Detaining Children in Jails and Police

May 6, 2010
003 Precincts
October 25,
CHR-A09-2001 On Corporal Punishment of Children
2001
On the Requirement of All Students Enrolling in Schools to Submit

CHR-A04-2001 June 18, 2001
Police Clearance and Submit to Drug Test
December 7, On Allowing Children to Participate in Rallies and

CHR-A14-2000
2000 Demonstrations
641
Dangerous Drugs Board
Issuance Date of
Title
Number Issuance
Board Regulation Adopting the protocol when handling Children allegedly

June 27, 2019
No. 6, s. 2019 involved in Dangerous Drugs
General Guidelines for the Conduct of Random Drug

Board Regulation Testing for Students of Secondary, Tertiary, Vocation-
June 3, 2009
No.3, s. 2009 al and Technical Schools, Amending Board Regulation
No.6, Series of 2003
Board Regulation August 1, General Guidelines for the Conduct of Random Drug
No.6, s. 2003 2003 Testing for Secondary and Tertiary Students
Board Regulation Implementing Guidelines Governing the Operationaliza-

May 30, 2003
No.1, s. 2003 tion of the Special Drug Education Centers
Department of Health
Issuance Date of
Title
Number Issuance
Health Technology Assessment Council (HTAC) Recom-

Department Circular October 15,
mendations on COVID-19 Vaccination of the Pediatric
No. 2021-0468 2021
Population
Interim Operational Guidelines on the COVID-19 Vacci-

Department Circular October 14,
nation of the Pediatric Population Ages 12-17 Years Old
No. 2021-0464 2021
with Comorbidities
Administrative Order September 15, Guidelines on the Conduct of Routine Catch-Up Immu-
No. 2021-0045 2021 nization for Children
642
Issuance Date of
Title
Number Issuance
Administrative Order September 15, Guidelines on Determining Eligibility for Social Care, Medical
No. 2021- 0044 2021 and Financial Assistance, and Point of Service
Dissemination of the Manual of Procedures for Republic Act

Department Circular
August 31, 2021 (RA) No. 11148, also known as the Kalusugan at Nutrisyon ng
No. 2021-0390
Mag-Nanay Act (29 November 2018)
Guidelines on the Implementation of the Pediatric Access to

Liver Transplantation (PAsLiT) Hub Project Pursuant to the
Administrative Order Memorandum of Agreement (MOA) of the Liver Transplant
July 08, 2021
No. 2021-0041 Consortium Among the Department of Health, Philippine Chil-
dren’s Medical and Professional Services, Inc. (Doing Busi-
ness as “The Medical City”):
Amendment to the Administrative Order No. 2021-0004

Administrative Order
May 21, 2021 dated January 12, 2021 on the Updated Guidelines on the
No. 2021- 0004-A
Treatment and Prevention of Leprosy in the Philippines
National Strategic and Costed Implementation Plan (CIP)

Department Circular
April 26, 2021 2021-2025 for the Women and Children Protection Program
No. 2021- 0175
(WCPP)
Administrative Order Monitoring and Evaluation Framework for Republic Act 11223,
March 26, 2021
No. 2021-0026 Otherwise known as the Universal Health Care Act
Department Circular February 11, National Cancer Awareness Month, World Cancer Day and
No. 2021-0058 2021 International Childhood Cancer Day Celebration
Delivery of Routine Deworming Services under the Integrat-

Department Circular
June 23, 2020 ed Helminth Control Program (IHCP) during the COVID-19
No. 2020-0302
Pandemic
643
Issuance Date of
Title
Number Issuance
Department Circular Interim Guidelines for the Delivery of Nutrition Services in the
May 11, 2020
No. 2020-0023 Context of Covid19 Pandemic
Department Circular September 25, Circulation of the Philippine Infant and Young Child Feeding
No. 2019-0537 2019 (LYCF) 2019 to 2030 (4TYCF2030) Strategic Plan
Administrative Order February 29, Revised Guidelines on Surveillance and Response to Adverse
No. 2016-0006 2016 Events Following Immunization
National Telecommunications Commission
Issuance Date of
Title
Number Issuance
Addendum on the Guidelines for Internet Service Providers

03-07-2015 July 14, 2015 in the Implementation of Republic Act 7775 (Anti-Child Por-
nography Act of 2009)
Guidelines For Internet Service Providers In The Implemen-

Memorandum Circular January 30,
tation Of Republic Act 9775 (Anti-Child Pornography Act Of
No. 01-01-2014 2014
2009)
Department of Labor and Employment
Issuance Date of
Title
Number Issuance
Rules and Regulations Governing Recruitment and Place-
Department Order No.
2020 ment of Domestic Workers by Private Employment Agen-
217, Series of 2020
cies for Local Employment
Rules and Regulations Governing Recruitment and Place-
2020 ment of Industry Workers by Private Employment Agen-
216, Series of 2020
cies for Local Employment
Institutionalizing the National Council Against Child Labor
Executive Order No. 92 2019 to Upscale the Implementation of the Philippine Program
Against Child Labor
Administrative Order No. Revised Guidelines on the Profiling of Child Laborers and
2019
579, Series of 2019 Provision of Services to Remove them from Child Labor
644
Issuance Date of
Title
Number Issuance
Administrative Order No. Creation of DOLE Task Force Against Illegal Recruitment,
2018
551, Series of 2018 Recruitment of Minor Workers, and Trafficking in Persons
Revised Rules on the Administration and Enforcement of

2017 Labor Laws Pursuant to Article 128 of the Labor Code, as
183, s. 2017
Renumbered
Implementing Rules and Regulations of RA 10917 Amend-
2017 ing for the Purpose RA 9547 and 7323, otherwise known
175, s. 2017
as the Special Program for Employment of Students
Revised Guidelines in the Implementation of the DOLE
2017 Integrated Livelihood and Emergency Employment Pro-
173,s. 2017
grams
Guidance to Host Establishments in Ensuring Safe Work-
Labor Advisory No. 9,
2017 places for Senior High School Students under Work Im-
Series of 2017
mersion Program
Guidelines on the Issuance of Work Permit for Children
Department Circular No.
2017 Below 15 years of Age Engaged in Public Entertainment of
2, s. 2017
Information
Department Order No Guidelines for the Employment of Migratory Sugarcane

2016
159, 2016 Workers
Rules and Regulations Governing the Working and Living

2016 Conditions of Fishers on Board Fishing Vessels Engaged
156,s. 2016
in Commercial Fishing Operation
Department Order No Guidelines in Assessing and Determining Hazardous Work

2016
149,s. 2016 in the Employment of Persons Below 18 years of age
Administrative Order No. Child Protection Policy of the Department of Labor and
2016
439, Series of 2016 Employment
Early Childhood Care and Development (ECCD) Council
Issuance Date of
Title
Number Issuance
Advisory No. 3, Series of Conferment of Varying Levels of Recognition to Child Devel-

June 07, 2021
2021 opment Centers/Learning Centers
Advisory No. 2, Series of Guidelines for the Conduct of Closing Programs for School
May 25, 2021
2021 Year 2020-2021
645
Issuance Date of
Title
Number Issuance
Advisory No. 1, Series of Conferment of Varying Levels of Recognition to Child Devel-

May 21, 2021
2021 opment Centers/ Learning Centers
Guidelines for the Accreditation, Permit & Recognition of

Advisory No. 5, Series of December 22,
ECCD Programs Offered by Private Child Development Cen-
2020 2020
ters/ Learning Centers
Updates on the Recommended Opening of Classes and

Advisory No. 4, Series of September 9,
Other ECCD Programs and Activities for 0 to 4 Years Old
2020 2020
Children
Advisory No. 3, Series of August 17, Unauthorized Development and Distribution of Learning
2020 2020 Materials and Modules in the Local Level
Ensuring that all children aged 0 – 4 years most especially

Advisory No. 2, Series of those belonging to the more vulnerable sectors are provid-
June 16, 2020
2020 ed access to Quality Early Childhood Care and Development
(Q-ECCD) Program in the time of COVID-19
Preparation for the Opening of National Child Development

Advisory No. 1, Series of Centers (NCDCs), Child Development Centers (CDCs)/Day
May 27, 2020
2020 Care Centers (DCCs) and Private Learning Centers (PLCs)
Offering Programs for 0 to 4 Years Old Children
Resolution Reconstituting the Early Childhood Care and

Resolution 17-02 2017 Development Council - Technical Working Group (ECCDC -
TWG)
Resolution Reiterating the implementation of Early Child-

Resolution 17-01 2017 hood Care and Development (ECCD) Council Resolution no.
15-03
Competency Standards for Child Development Teachers

January 2017
- (CDTs) and Child Development Workers(CDWs)
- September Standards and Guidelines for Center-based Early Childhood

2015 Programs for 0 to 4 Years Old Filipino Children
646
Issuance Date of
Title
Number Issuance
Resolution on Approving the Standards and Guidelines for
Center-based Childhood Programs for 0 to 4 years old Fili-
September 10
Resolution 15-01 pino Children and the Guidelines on registration and grant-
2015
ing of permit and recognition to public and private Child
Development Centers/Learning Centers
2010 The National Early Learning Framework (NELF)

-
Juvenile Justice and Welfare Council
Issuance Date of
Title
Number Issuance
Council Resolution No. Resolution Adopting the JJWC Guidelines on Social Media
June 21, 2021
03 S. 2021 Management
Council Resolution No. Designation of the Two Council Members from Non-Gov-
May 11, 2011
45, S. 2011 ernment Organizations
Adoption of the Juvenile Justice and Welfare Council of A

Council Resolution No. September 11,
Child that Cries for Another Chance (A Training Module for
42, S. 2009 2009
BCPC on the Juvenile Justice and Welfare Act (RA 9344)
Council Resolution No. September 4, The Construction of Bahay Pag-asa/Temporary Shelters

31, S.2009 2009 Identified
Council Resolution No. Model Local Ordinances for Local Government Units to
April 3, 2009
27, S. 2009 Implement RA 9344
Council Resolution No. Guidelines for the Conduct of Diversion Proceeding for CICL
April 23, 2008
21, S. 2008 at All Levels
Council Resolution No. DILG General Guidelines in Handling CICL by the BCPC (Per
April 23, 2008
20, S. 2008 RA 9344)
647
National Anti-Poverty Commission
Date of
Issuance Number Title
Issuance
En Banc Resolution No. October 29, Untitled (Designating the Office of the Presidential Adviser
8 2003 on Peace Process as an Additional Member)
En Banc Resolution No.

March 19, 2003 Untitled (Directive for LGUs)
7
En Banc Resolution No. November 21,

Untitled (Protocol for Lead Agencies)
4 2002
Department of Justice
Issuance Date of
Title
Number Issuance
Designated members of the Task Force Against Trafficking
2020 in Persons (TFATIP) of the Inter-Agency Council Against
208, series of 2020
Trafficking
Joint Advisory of DOJ- Joint Advisory on the Proliferation of Facebook Pages that
2020
NBI-PNP Promote Sexual Exploitation of Children Materials Online
Directing the National Prosecution Service to expedite

resolution of all cases involving children’s rights and gen-
Twin Memoranda
- der-based violence and report compliance by submitting
statistics of cases files and resolved
September 3, Re: Administrative cancellation of the Certification Declar-

DOJ Opinion No. 33
2018 ing a Child Legally Available for Adoption (CDCLAA)
Re: Blocking of alleged child pornography websites by the

DOJ Opinion No 23 June 16, 2017
National Telecommunications Commission
DOJ Department Circular Standards for Gender-Sensitive and Child-Friendly Public

March 30, 2017
No. 023-17 Assistance Desks and Interview/Investigation Rooms
Protocol for Case Management of Child Victims of Abuse,

November 26,
CPN-CSPC Protocol Neglect, and Exploitation - Committee for the Special Pro-
2016
tection of Children
August 28,
DOJ Advisory DOJ Advisory on Online Child Abuse
2015
648
Issuance Date of
Title
Number Issuance
Re: Whether the consent of an illegitimate father who has
September 9, recognized the child by signing the child’s birth certificate
DOJ Opinion No. 06
2013 is necessary to voluntarily commit a child to the custody of
DSWD.
Re: Laws on “legitimation” under the Family Code, RA No.
9858 and other relevant laws about legitimation of a child
DOJ Opinion No. 064 August 16, 2012
born out of wedlock though subsequent marriage of par-
ents
DOJ Circular No. 58 s. Establishment of Refugee and Stateless Status Determina-

2012
2012 tion procedure
Strengthened the CSPC and reorganized it to effectively

Executive Order No. 3, function as the body principally responsible for coordinat-
2011
s. 2011 ing and monitoring the investigation and prosecution of
cases involving child-related criminal laws
Re: Whether or not the physical presence of a Filipino child
within the Philippine territory is a necessary condition be-
DOJ Opinion No. 006 March 1, 2011 fore the DSWD could facilitate the issuance of Certification
that the child is legally available for adoption pursuant to
RA No. 9523
November 22,
DOJ Opinion No. 052 Re: Interpretation of Certain Provisions of RA No. 9523
2010
Re: Whether the Inter-Agency Council Against Child Por-

nography can promulgate the Implementing Rules and
DOJ Opinion No. 022 May 17, 2010 Regulations (IRR) of Republic Act No. 9775, without three
of its members, consisting of representatives from chil-
dren’s non-governmental organizations
Re: Interpretation and Application of Executive Order No
778, transforming the Council for the Welfare of Children
DOJ Opinion No. 19 April 14, 2009
(CWC) into an Early Childhood Care and Development
Council (ECCD)
November 12, Re: Interpretation of Article 54 of the Family Code of the

DOJ Opinion No. 70
2008 Philippines
Re: Application of RA No. 93344 to Children Involved in

November 4,
DOJ Opinion. No 75 Armed Conflict (CIAC), with or Without Charges Filed
2008
against them
Guide for Media Practitioners on the Reporting and Cover-

2008
- age of Cases Involving Children
DOJ Department Circular September 24,

Prosecutors’ manual on Handling Child-Related Cases
No. 047-07 2007
649
Issuance Date of
Title
Number Issuance
Guidelines in the Handling and Treatment of Children in
Conflict with the Law including Children in Situations in
No. 062-06 2006
Armed Conflict Pursuant to RA No. 9344
DOJ Department Circular Submission of List of VAWC (Violence Against Women and
June 16, 2005
No. 024-05 their Children) Cases (RA 9262) Handled
Authority to Order the Conduct of Autopsy on the Body of

a Child who may have died under Suspicious or Abuse-re-
No.055-02 2002
lated Circumstances
Non-dismissal of Cases Involving violations of Republic Act
DOJ Department Circular September 9, No. 7610 as Amended (Special Protection of Children from
No.054-02 2002 Child Abuse, Exploitation and Discrimination Act, Despite
Desistance of Victims
DOJ Department Circular Monitoring of Child Abuse Cases in the National Prosecu-
March 6, 2001
No. 018-01 tion Service
National Commission on Indigenous Peoples
Issuance Date of
Title
Number Issuance
Revised National Guidelines for the Mandatory Representa-
NCIP Administrative Or-
2018 tion of Indigenous Peoples in Local Legislative Councils and
der No. 3
Policy-Making Bodies
National Nutrition Council
Date of
Issuance Number Title
Issuance
Recommendation on Healthful and Nutritious Family Packs
Advisory No. 2, Series of and Sustainable Food Sources provides detailed guidance
April 28, 2021
2020 on the distribution of healthy and nutritious food packs
during the state of public health emergency
Nutrition Guidelines on LGU Nutrition Actions Relative
to COVID19 focused on recommended actions that local
Advisory No. 1, Series of
March 23, 2021 governments units, NGOs, business companies and other
2020
civic-oriented organizations can do to ensure provision of
services to all COVID-19-affected population
Interim Guidelines in the Conduct of OPT Plus, Nutrition
December 15, Screening, Growth Monitoring and Promotion (GMP) Activi-
Memorandum 10
2020 ties in the Context of COVID-19 Pandemic and other relat-
ed disasters
650
National Youth Commission
Issuance Date of
Title
Number Issuance
2017 Sangguniang Kabataan Operations Manual
Guidelines on the Conduct of Sangguniang Kabataan (SK)

Joint Memorandum Cir-
June 23, 2017 Pederasyon Election; and Rules Governing terms of office,
cular No. 2017-01
suspension and removal of all SK Pederasyon Officers
Supreme Court
Issuance Date of
Title
Number Issuance
2019 Supreme Court Revised Rule on Children in Conflict
A.M. No. 02-1-18-SC June 25, 2019
with the Law
Re: Adopting the Guidelines for Continuous Trial of Crimi-
A.M. No 15-06-10-SC October 2, 2018
nal Cases in Pilot Courts
Approved Resolution No. 02-2017 of the Committee
on Family Courts and Juvenile Concerns (Re: Proposed
OCA Circular No. 213- Guidelines and Clarification in the interpretation and ap-
October 13, 2017
2017 plication of pertinent provisions of RA No 8552, RA No .
8043, RA No. 9523, and Administrative Matter No. 02-6-
02 SC, as to the Required Documents in Adoption
January 20,
OCA Circular No. 10-14 Requirement of the Law on Adoption Cases
2014
September 11, Rule on Children Charged under Republic Act No. 9165 or
A.M. No. 07-8-2-SC
2007 the Comprehensive Dangerous Drugs Act of 2002
OCA Circular No. 138-10 October 5, 2010 Detention in Jails of the Children in Conflict with the Law
Strict Observance of Provisions of R.A. 9344, Particularly

August 20,
OCA Circular No. 113-09 on the Custody of Child in Conflict with the Law and Exe-
2009
cution of Judgement
Guidelines on the Transitory Provisions of RA 9344. Or the
OCA Circular No. 115-06 August 10, 2006
Juvenile Justice and Welfare Act
October 19,
A.M. No. 04-10-11-SC Rule on Violence Against Women and their Children
2004
A.M. No. 02-11-12 SC March 4, 2003 Re: Proposed Rule on Provisional Orders
February 28,
A.M. No. 02-1-19-SC Re: Proposed Rule on Commitment of Children
2002
November 21,
A.M. No 00-04-07-SC Re: Proposed Rule on Examination of a Child Witness
2000
651
Philippine National Police
Issuance Date of
Title
Number Issuance
Guidelines and Procedures to Guarantee the Special Protec-
Memorandum
tion and Safety of Children while they are in the Custody of
Circular No. June 13, 2021
the Philippine National Police (PNP) Also Known as the “Philip-
2021-081
pine National Police Child Protection Policy”
Investigative Investigative Directive in Determining Cases to be Handled
Directive No. June 10, 2016 by Women and Children Protection Desks in the Conduct of
2016-09 Investigation
DIDM Investi-
gative Direc- November 6, Intake and Booking Procedure on the Initial Contact of Chil-
tive Number 2015 dren in Conflict with the Law
2015-04
PNP-
Manual in Handling Cases of Children at Risk and Children in
NSU-24-1-16 October 2016
Conflict with the Law
(WCPC)
Department of Education
Issuance Date of
Title
Number Issuance
Guidelines On The Release, Use, Reporting, And Monitoring And
Evaluation Of Program Support Funds For The Printing And Dissem-
November 5, ination Of Information, Education And Communication Materials And
DO 046, S. 2021
2021 Conduct Of Learning Sessions On The Rights Of The Child In Basic
Education For School Year 2021–2022
Policy Guidelines On The Selection Of And Minimum Requirements

November 3, For The Conversion Of Certain Schools With Sped Centers Into Pro-
DO 045, S. 2021
2021 totype Inclusive Learning Resource Centers
Policy Guidelines On The Provision Of Educational Programs And

November 2,
DO 044, S. 2021 Services For Learners With Disabilities In The K To 12 Basic Educa-
2021
tion Program
Inclusion And Promotion Of Mental Health In All DepEd Events And
October 26,
DM 074, S. 2021 Programs
2021
Additional Guidelines On The Implementation Of DepEd Order No.

October 4,
DM 068, S. 2021 10, S. 2016 (Policy And Guidelines For Comprehensive Water, Sanita-
2021
tion And Hygiene In Schools Program)
October 4, Guidelines On The Utilization Of Program Support Funds For Special

DO 042, S. 2021
2021 Education Program
652
Issuance Date of
Title
Number Issuance
Guidelines On The Implementation Of The Joint Delivery Voucher
September 28,
DO 040, S. 2021 Program For Senior High School Technical-Vocational-Livelihood
2021
Specializations For School Year 2021-2022
September 8, Guidelines On Eligibility And Application For The Senior High School
DO 037, S. 2021
2021 Voucher Program For School Year 2021-2022
August 31, Guidelines On Enrollment For School Year 2021-2022 In The Context
DO 032, S. 2021
2021 Of Continuing National Public Health Emergency Due To Covid-19
Operational Guidelines On The Implementation Of The School-Based

DO 031, S. 2021 August 9, 2021
Feeding Program
Guidelines On The Coordination For Establishment Of Schools In

DO 024, S. 2021 June 9, 2021
Resettlement Sites Due To Disasters And/Or Emergencies
DO 022, S. 2021 June 3, 2021 Financial Education Policy
January 15, Creation Of The Child Protection Unit And The Child Rights In Educa-
DO 003, S. 2021
2021 tion Desk In The Department Of Education
Guidelines On The Implementation Of The School Dental Health Care

December 21,
DO 041, S. 2020 Program, Including Medical And Nursing Services For School Year
2020
2020-2021
Guidelines On The Release, Use, Reporting, And Monitoring And
November 9, Evaluation Of Program Support Funds For Information, Education
DO 036, S. 2020
2020 And Communication Materials And Capacity-Building Activities On
Child Rights And Child Protection
October 21, Guidelines On The Implementation Of Alternative Learning System

DM 067, S. 2020
2020 Programs In Light Of The Basic Education Learning Continuity Plan
Guidelines On The Engagement Of Services Of Learning Support

October 15,
DO 032, S. 2020 Aides To Reinforce The Implementation Of The Basic Education
2020
Learning Continuity Plan In Time Of Covid-19 Pandemic
September 7, Operational Guidelines On The Implementation Of The School-Based

DO 023, S. 2020
2020 Feeding Program For School Year 2020-2021
Additional Provisions And Amendments To DepEd Order No. 036, S.

September 7,
DO 022, S. 2020 2019 (Guidelines On The Implementation Of School-Based Feeding
2020
Program-Milk Feeding Component)
August 20, Policy Guidelines On The Adoption Of The K to 12 Transition Curricu-

DO 021, S. 2020
2020 lum Framework For Learners With Disabilities
653
Issuance Date of
Title
Number Issuance
Policy Guidelines For The Provision Of Learning Resources In The

DO 018, S. 2020 July 20, 2020
Implementation Of The Basic Education Continuity Plan
Supplementary Guidelines On Managing Maintenance And Other

Operating Expenses Allocation For Schools To Support The Imple-
DO 015, 2020 June 25, 2020
mentation Of Basic Education Learning Continuity Plan In Time Of
Covid-19 Pandemic
Guidelines On The Required Health Standards In Basic Education

DO 014, 2020 June 25, 2020
Offices And Schools
Adoption Of The Basic Education Learning Continuity Plan For

DO 012, 2020 June 19, 2020 School Year 2020-2021 In The Light Of The Covid-19 Public Health
Emergency
Joint Implementing Guidelines On The 2020 Brigada Eskwela And
Oplan Balik Eskwela Relative To The Covid-19 Situation (Amending
DM 053, S. 2020 May 28, 2020 Thereby DepEd Memorandum No. 032, S. 2020 Titled 2020 Brigada
Eskwela Program Implementing Guidelines, And DepEd Memoran-
dum No. 014, S. 2020 Titled 2020 Oplan Balik Eskwela)
Guidelines On The Conduct Of Remedial, Advancement, And Enrich-

DM 051, S. 2020 May 7, 2020
ment Classes During Summer 2020
DM 032, S. 2020 March 6, 2020 2020 Brigada Eskwela Program Implementing Guidelines
2020 Guidelines On The Use Of Indigenous Peoples Education Pro-

DM 030, S. 2020 March 4, 2020
gram Support Fund
December 13, Guidelines On The Implementation Of School-Based Feeding Pro-

DO 036, S. 2019
2019 gram-Milk Feeding Program Component
December 9, Implementing Guidelines On The Comprehensive Oral Health Pro-

DO 033, S. 2019
2019 gram Of The Department Of Education
DEPED ORDER National Policy Framework On Learners And Schools As Zones Of

2019
NO. 032, S. 2019 Peace
September The Child-Friendly Content Standards Of Republic Act No. 8370, Or

DM 125, S. 2019
20, 2019 The Children’s Television Act Of 1997
DM NO. 115, S. September 9, 2019 Guidelines On The Use Of Indigenous Peoples Education Pro-
2019 2019 gram Support Fund
Prohibiting The Use Of E-Cigarettes And Other Electronic Nicotine

August 30,
DM 111, S. 2019 And Non-Nicotine Delivery System And Reiterating The Absolute
2019
Tobacco Smoking Ban In Schools And DepEd Offices
654
Issuance Date of
Title
Number Issuance
DO 021, S. 2019 August 22,

Policy Guidelines On The K To 12 Basic Education Program
– 2019
Guidelines On The Implementation Of The Joint Delivery Voucher

DO 019, S. 2019 August 14,
Program For Senior High School Technical-Vocational-Livelihood
– 2019
Specializations For School Year 2019-2020
DO 013, S. 2019 Policy Guidelines On The Implementation Of Enhanced Alternative

June 25, 2019
– Learning System 2.0
DO 010, S. 2019 Guidelines On Eligibility And Application For The Senior High School
May 27, 2019
– Voucher Program In School Year 2019–2020
DM 029, S. 2019
March 13, 2019 2019 Oplan Balik Eskwela
–
Policy Guidelines On The Implementation Of The Comprehensive

DO 31, S. 2018 – July 13, 2018
Sexuality Education
Preventive Drug Education Program Policy For Curriculum And In-

DO 30, S. 2018 – July 12, 2018
struction
Policy And Guidelines On Oplan Kalusugan Sa Department Of Edu-

DO 28, S. 2018 – July 6, 2018
cation
DM 110, S. 2018 – July 3, 2018 Updated Child Protection Specialist Directory
Guidelines On The Utilization Of The Early Language Literacy And

DO 24, S. 2018 – May 17, 2018
Numeracy Program Funds: Professional Development Component
Department Of Education Issuances And The K To 12 Basic Educa-

DM 072, S. 2018 April 18, 2018
tion Program (Volume 1)
DM 061, S. 2018 Instruction For Promotions Of Learners Displaced By The Marawi

2018
– Siege
March 28, Supplemental Guidelines On The Implementation Of School-Based

DO 15, S. 2018 –
2018 Feeding Program For Fiscal Year 2018
December 27, Guidelines On The Conduct Of Post Disaster Needs Assessment In

DO 65, S. 2017 –
2017 The Education Sector
655
Issuance Date of
Title
Number Issuance
November 27, Guidelines On The Weekly Iron Acid Supplementation For Female
DO 59, S. 2017 –
2017 Adolescent Learners In Public High School
November 21,
DO 57, S. 2017 – Policy On The Protection Of Children In Armed Conflict
2017
DM 173, S. 2017 October 26, Inclusion Of Human Papilloma Virus Vaccination In School-Based
– 2017 Immunization Program
August 11, Policy Guidelines On Madrasah Education In The K To 12 Basic Edu-

DO 41, S. 2017 –
2017 cation Program
Operational Guidelines On The Implementation Of School-Based

DO 39, S. 2017 – August 7, 2017
Feeding Program For School Years 2017-2022
DO 32, S. 2017 – June 29, 2017 Gender-Responsive Basic Education Policy
Policy Guidelines On System Assessment In The K To 12 Basic Edu-

DO 29, S. 2017 – June 5, 2017
cation Program
Policy And Guidelines On Healthy Food And Beverage Choices In

DO 13, S. 2017 – March 14, 2017
Schools And In DepEd Offices
January 6,
DM 5, S. 2017 – Reiteration Of The Department Of Education Anti-Bullying Policy
2017
DM 128, S. 2016 August 16,

Implementation Of School-Based Immunization Program
– 2016 –
Implementation Of The School-Based Feeding Program For School

DO 51, S. 2016 – June 29, 2016
Year 2016-2017
DO 47, S. 2016 – June 28, 2016 Omnibus Policy On Kindergarten Education
February 19, Policy And Guidelines For The Comprehensive Water, Sanitation
DO 10, S. 2016 –
2016 And Hygiene In Schools (Wins) Program
Amending The Age Eligibility And Other Requirements Of Athletes

August 26, In The Palarong Pambansa In Light Of The Implementation Of Re-
DM 95, S. 2015 –
2015 public Act (Ra) No. 10533 Otherwise Known As The Enhanced Basic
Education Act Of 2013
656
Issuance Date of
Title
Number Issuance
August 12,
2015 Implementing Rules And Regulations (Irr) Of Republic Act. No. 10618
DO 36, S. 2015 – (An Act Establishing Rural Farm Schools As Alternative Delivery
Mode Of Secondary Education And Appropriating Funds Therefor)
Revisions To DepEd Order No. 33, S. 2015 (Implementation Of The

DO 34, S. 2015 – August 6, 2015 School-Based Feeding Program (Sbfp) For School Year (Sy) 2015-
2016)
Guidelines On The Implementation Of School-Based Immunization

DM 82, S. 2015 – July 31, 2015
Program
Implementation Of School-Based Feeding Program (Sbfp) For

School Year (Sy) 2015-2016 Amended By Do 34, S. 2015 – Revisions
DO 33, S. 2015 – July 30, 2015
To DepEd Order No. 33, S. 2015 (Implementation Of The School-
Based Feeding Program (Sbfp) For School Year (SY) 2015-2016)
DO 32, S. 2015 – July 29, 2015 Adopting The Indigenous Peoples Education Curriculum Framework
Guidelines On The Implementation Of The National School Deworm-

DM 80, S. 2015 – July 24, 2015
ing Day (NSDD)
DO 27, S. 2015 – June 29, 2015 Promoting Family Earthquake Preparedness
DO 25, S. 2015 – June 23, 2015 Implementing Guidelines On The Special Program In Sports (SPS)
DepEd Guidelines And Procedures On The Management Of Chil-

DO 18, S. 2015 – May 18, 2015
dren-At-Risk (CAR) And Children In Conflict With The Law (CICL)
November 24, Guidelines On The Implementation Of The Alternative Learning Sys-

DO 46, S. 2014 –
2014 tem For Persons With Disability (ALS For PWD) Program
February 28, Policy Guidelines On The Implementation Of The Kindergarten

DO 11, S. 2014 –
2014 Catch-Up Education Program
December 23, Implementing Rules And Regulations (IRR) Of Republic Act (RA) No.
DO 55, S. 2013 –
2013 10627 Otherwise Known As The Anti-Bullying Act Of 2013
December 20, Guidelines On The Implementation Of School Feeding Programs

DO 54, S. 2013 –
2013 (SFPS)
DM 221, S. 2013 December 9,

Guidelines On The Protection Of Children During Armed Conflict
– 2013
657
Issuance Date of
Title
Number Issuance
September 24, Implementing Rules And Regulations (IRR) Of Republic Act No. 10533
DO 43, S. 2013 –
2013 Otherwise Known As The Enhanced Basic Education Act Of 2013
Dissemination Of Republic Act No. 10627 (An Act Requiring All Ele-
DM 180, S. 2013 September 24,
mentary And Secondary Schools To Adopt Policies To Prevent And
– 2013
Address The Acts Of Bullying In Their Institutions)
DM 156, S. 2013 August 29,

Implementation Of School-Based Adolescent Immunization
– 2013
Additional Guidelines To DepEd Order No. 16, S. 2012 (Guidelines

DO 28, S. 2013 – July 5, 2013 On The Implementation Of The Mother Tongue Based-Multilingual
Education (MTB-MLE)
Guidelines And Procedure On The Establishment Or DepEd Gender
DO 27, S. 2013 – June 18, 2013 And Development (GAD) Focal Point System (GFPS) At The Region-
al, Division And School Levels
Special Instruction For Grade I Children Under The K To 12 Basic

DM 46, S. 2013 – March 4, 2013
Education Program
January 18, Revised Implementing Rules And Regulations Of Republic Act (Ra)
DO 2, S. 2013 –
2013 No. 8525 Otherwise Known As The Adopt-A-School Program Act
Revised Guidelines On The Grant Of The Philippines’ Response To

DO 42, S. 2012 – May 28, 2012
Indigenous Peoples And Muslim Education (PRIME) Program
DO 40, S. 2012 – May 14, 2012 DepEd Child Protection Policy
Implementing Rules And Regulations Of Republic Act (Ra) No. 10157

DO 32, S. 2012 – April 17, 2012
Otherwise Known As “The Kindergarten Education Act”
February 17, Guidelines On The Implementation Of The Mother Tongue-Based-

DO 16, S. 2012 –
2012 Multilingual Education (MTB-MLE)
October 12, Guidelines On The Implementation Of The Breakfast Feeding Pro-

DO 80, S. 2011 –
2011 gram
Adopting The National Indigenous Peoples (IPs) Education Policy

DO 62, S. 2011 – August 8, 2011
Framework
Policies And Guidelines On The Implementation Of The Universal

DO 37, S. 2011 – May 4, 2011
Kindergarten Education For Sy 2011-2012
658
Issuance Date of
Title
Number Issuance
Kindergarten Summer Program (KSP): A Strategy To Reach More

DO 23, S. 2011 – March 16, 2011
Children
Enhancing And Sustaining School Gardening And Feeding In Sup-

February 14,
DM 42, S. 2011 – port Of The Government’s Pantawid Pamilyang Filipino Program
2011
(4Ps)
DA 399, S. 2010 November 30,

Educational Leadership And Child Development And Education
– 2010
DM 392, S. 2010 September 16, Guidelines On Giving Homework Or Assignments To All Public Ele-
– 2010 mentary School Pupils
September 14, The Alternative Learning System (ALS) Curriculum For Indigenous
DO 101, S. 2010 –
2010 Peoples (IPs) Education
DA 166, S. 2010 Dropout Reduction Program – Country Program For Children

July 7, 2010
– (DORP-CPC6)
Institutionalization Of The School-Based Mentoring Program (SBMP)

DO 87, S. 2010 – June 24, 2010
In All Elementary Schools
Guidelines On Mainstreaming The Dropout Reduction Program

DO 74, S. 2010 – June 4, 2010
(DORP) In The Public Secondary Schools
Implementation Of The Basic Education Madrasah Programs For

DO 57, S. 2010 – May 17, 2010
Muslim Out-Of-School Youth And Adults
Enhancing DepEd Order #81, S. 2009 “Strengthening The Implemen-

DO 63, S. 2010 – May 17, 2010
tation Of The Multigrade Education Program In Philippine Education”
Strengthening Special Education Program At The Basic Education

DO 50, S. 2010 – May 17, 2010
Level
February 9, Summer Preschool Education (SUMPSE): A Strategy To Reach More

DO 8, S. 2010 –
2010 Children In Less Time
DO 80, S. 2009 Revised General Guidelines On Random Drug Testing Of High School
July 24, 2009
– Students
DO 72, S. 2009 Inclusive Education As Strategy For Increasing Participation Rate Of

July 6, 2009
– Children
659
Issuance Date of
Title
Number Issuance
DM 289, S. 2009
June 24, 2009 Baseco Children Metal Divers (Baseco Bakal Boys)
–
DO 65, S. 2009 Implementation Of Essential Health Care Program (Ehcp) For The
June 22, 2009
– School Children
DM 464, S. 2008 October 6,

Dropout Reduction Program (DORP) At The Secondary Level
– 2008
DM 28, S. 2007 January 12, Implementation Of The Mass Deworming Program In All Public Ele-
– 2007 mentary Schools Nationwide
DO 46, S. 2006 November 30, Guidelines On The Pilot Implementation Of The Open High School
– 2006 Program (OHSP)
Implementation Of Policy Instruments In Reporting Cases Of Chil-

DO 31, S. 2006 – July 28, 2006
dren Involved In Armed Conflict
DM 219, S. 2006 Implementation Of Measures To Ensure The Safety Of Schoolchil-

June 9, 2006
– dren In Public And Private Schools
DM 73, S. 2006 February 28, Child-Friendly School; System (CFSS) At The Elementary And Sec-
– 2006 ondary Levels
DM 49, S. 2006 February 7,

Gender And Development (GAD) Programs
– 2006
January 31, Policies And Guidelines For Special Education At The Secondary
DO 6, S. 2006 –
2006 Level
DM 349, S. 2005 November 2, Promoting Secondary Schooling Alternative (SSA) Within The
– 2005 Framework Of The Child-Friendly School System (CFSS)
DO 44, S. 2005 August 8,

Declaration Of Schools As Zones Of Peace
– 2005
DM 288, S. 2004 Promulgating Rules And Regulations Investigating Sexual Harass-

July 6, 2004
– ment Cases
DM 200, S.
May 4, 2004 Distance Education Program For The Visually Impaired
2004 –
660
Issuance Date of
Title
Number Issuance
January 15,
DM 19, S. 2004 – Gender And Development (GAD) Programs
2004
Department of Social Welfare and Development
Issuance Date of
Title
Number Issuance
October 4, Guidelines In The Implementation Of Relief Aid Thru Cash Voucher In

MC 013, S.2021
2021 Disaster And Emergencies (RACVODE)
September Guidelines On The Provision Of Family Food Packs (FFPS) In Support

MC 011, S.2021
13, 2021 To Affected Families Due To Declaration Of Granular Lockdowns
Special Guidelines For The Provision Of Assistance To Individual And

MC 007, S.2021 July 25, 2021 Families In Crisis Situation Due To The Declaration Of Localized En-
hanced Community Quarantine
Enhanced Support Services Intervention (ESSI) Guidelines For Pan-

MC 006, S.2021 June 10, 2021
tawid Pamilyang Pilipino Program Beneficiaries
Adopting The Department Of Social Welfare And Development

February 5, (DSWD) Policy Agenda 2020-2025 “Investing In People For Reshap-
AO 001, S.2021
2021 ing Philippine Society To A More Inclusive, Empowered And Humane
Community”
December 29, Adopting The Department Of Social Welfare And Development

AO 019, S.2020
2020 (DSWD) Gender And Development (Gad) Agenda 2020-2025
Implementing Guidelines On The Conduct Of Search For Huwarang

December 17,
MC 037, S.2020 Pantawid Pamilya And Search For Pantawid Pamilya Exemplary Chil-
2020
dren
Supplemental Guidelines To Mc 12 S2020 Otherwise Known As
December 14, “Guidelines In The Implementation Of The Supplementary Feeding
MC 035, S.2020
2020 Program During The Community Quarantine Period Or Other Similar
Emergencies”
Supplemental Guidelines To Memorandum Circular No. 07 Series Of
November 2019 Otherwise Known As The Guidelines On The Implementation
MC 031, S.2020
29, 2020 Of Livelihood Settlement Grants (LSG) For The Internally Displaced
Persons Of Marawi City
October 30, Guidelines In The Implementation Of The Milk Feeding Program Along
MC 029, S.2020
2020 With The Supplementary Feeding
October 21, Disaster Vulnerability Assessment And Profiling Project (DVAPP) Im-
MC 025, S.2020
2020 plementation Guidelines
661
Issuance Date of
Title
Number Issuance
October 19, Amendment To Mc 11 S2019 Or The Revised Guidelines On The Imple-

MC 024, S.2020
2020 mentation Of Assistance To Individuals In Crisis Situation
MC 016, S.2020 June 10 2020 Guidelines On The Simulated Birth Rectification Act
MC 013, S.2020 May 7, 2020 2020 Omnibus Guidelines On Domestic Adoption
April 29, Department Of Social Welfare And Development (DSWD) Covid-19

AO 003, S.2020
2020 Response And Recovery Plan (2020-2022)
Guidelines In The Implementation Of The Supplementary Feeding

April 29,
MC 012, S.2020 Program During The Community Quarantine Period Or Other Similar
2020
Emergencies
January 31, Revised Procedures On The Implementation Of Supplemental Feed-

MC 003, S.2019
2019 ing Based On Amended Administrative Order No. 04, Series Of 2016
Addendum To Mc 11 S2011 Dtd June 4, 2018 Or The Special Guide-

lines On The Provision Of Seed Capital Fund (SCF) To The Internally
November 9,
MC 024, S.2018 Displaced Persons (IDPS) Or Persons Displaced By Disasters Due To
2018
Armed Conflicts Or Any Form Of Disasters And Further Amended By
Mc 15 S2018
October 16, Enhanced Guidelines On The Implementation Of The Family Develop-

MC 022, S.2018
2018 ment Sessions Of The Pantawid Pamilyang Pilipino Program
October 16,
MC 021, S.2018 Omnibus Guidelines On Foster Care Service
2018
August 10, Amendment Of Mc 07 S2018 Entitled ‘Guidelines On The Availment

MC 020, S.2018
2018 Of Lingap At Gabay Para Sa May Sakit (Lingap Sa Masa)’
Reducing Vulnerabilities Of Malnourished Children And Providing

MC 013, S.2018 July 31, 2018 Health Support To Pregnant And Lactating Women In Select Areas In
Autonomous Region Of Muslim Mindanao (ARMM)
Special Guidelines On The Provision Of Seed Capital Fund (SCF) To
MC 011, S.2018 June 4, 2018 The Internally Displaced Persons(IDPS) Or Persons Displaced By Di-
sasters Due To Armed Conflicts Or Any Forms Of Disasters.)
662
Issuance Date of
Title
Number Issuance
MC 007, S.2018
SUPERSEDED Guidelines On The Availment Of Lingap At Gabay Para Sa May Sakit

April 6, 2018
MC 14, S. 2016, (Lingap Sa Masa)
MC 2, S. 2017
AND MC 14, S.
2017
March 15, Patakaran Sa Proyektong Pabahay Sa NVRC Compound Para Sa Mga

MC 005, S.2018
2018 Taong May Kapansanan
MC 014, S.2017
Amendment To Memorandum Circular No. 02 Series Of 2017 Entitled
August 14, “Guidelines On The Availment Of Libreng Gamot Para Sa Masa (Lin-
2017 gap Sa Masa): A Medicine Assistance Program Of The Office Of The
AMENDED MC President
02, S. 2017
AO 007, S.2017
Amendments On Administrative Order (AO) No. 3 Otherwise Known
AMENDED AO July 7, 2017
As Supplemental Guidelines For The Twice A Day Feeding
003, S. 2017
AO 003, S.2017
Supplemental Guidelines To Administrative Order No. 04 Series Of

SUPPLEMENTAL February 8,
2016 Otherwise Known As Amended Guidelines In The Implementa-
GUIDELINES FOR 2017
tion O The Supplementary Feeding Program (SFP)
AO 04, S. 2016;
AMENDED BY
AO 007, S. 2017
MC 002, S.2017
Guidelines On The Availment Of Libreng Gamot Para Sa Masa (Lin-

February 1,
SUPERSEDED gap Sa Masa): A Medicine Assistance Program Of The Office Of The
2017
MC 14, S. 2016; President
AMENDED BY
MC 14, S. 2017
MC 010, S.2016
September 1, Amendment To Administrative Order No. 04, Series Of 2016 Supple-

2016 mentary Feeding Program (SFP) Omnibus Guidelines
AMENDED AO
04, S. 2016
MC 009, S.2016
August 1, Supplemental Guidelines On The Implementation Of Protective Ser-
SUPPLEMENTS 2016 vices Program (PSP)
MC 04, S. 2015
663
Issuance Date of
Title
Number Issuance
Mainstreaming Guidelines Of The Modified Conditional Cash Trans-

MC 008, S.2016 June 22, 2016 fer (MCCT) Beneficiaries To The Regular Conditional Cash Transfer
(RCCT) Program
Guidelines On Strengthening Support Services And Interventions
MC 007, S.2016 June 6, 2016 (SSI) Implementation For Modified Conditional Cash Transfer (MCCT)
Beneficiaries
Children For Adoption Whose Families Are Beneficiaries Of Pantawid

MC 005, S.2016 May 13, 2016
Pamilyang Pilipino Program
AO 004, S.2016
AMENDED AO
08, S. 2012; February 23, Amended Omnibus Guidelines In The Implementation Of The Supple-
AMENDED BY 2016 mentary Feeding Program
MC 10, S. 2016;
SUPPLEMENTAL
GUIDELINES: AO
03, S. 2017
MC 003, S.2016
February 18, Amendment To The Provisions In Memorandum Circular No. 23, Se-
AMENDED 2016 ries Of 2014 Or The Guidelines On Foster Care Service
CERTAIN PROVI-
SIONS IN MC 23,
S. 2014
MC 020, S.2015
December 9, Guidelines In The Implementation Of The Recovery And Reintegration

SUPERSEDED 2015 Program For Trafficked Persons
PPG MC 2011-
002 & PPG MC
2011-003
October 2,
MC 018, S.2015 Guidelines On The Operation Of The Bahay Pag-Asa
2015
August 17, Enhanced Guidelines In The Implementation Of The Comprehensive

AO 012, S.2015
2015 Intervention Against Gender-Based Violence (CIAGY)
664
Issuance Date of
Title
Number Issuance
MC 016, S.2015
AMENDED Amendment To M.C. No. 04 Series Of 2015 Entitled: “Guidelines On

June 25, 2015
SECTIONS 4.2.4, The Implementation Of The Protective Services Program”
6.1.4, AND 6.1.5
OF MC 04, S.
2015
AO 007, S.2015 May 25, 2015 DSWD Child Protection Policy In The Workplace
MC 007, S.2015
Amended A.O. No. 11, Series Of 2009, Entitled, Omnibus Guidelines

May 8, 2015
On The Domestic Adoption Process
AMENDED AO
11, S. 2009
AO 003, S.2015 April 4, 2015 Disaster Response Operations Guidelines
MC 004, S.2015
SECTIONS 4.2.4,
6.1.4, AND 6.1.5 Guidelines On The Implementation Of The Protective Services Pro-
March 6, 2015
WAS AMEND- gram
ED BY MC 16, S.
2015; SUPPLE-
MENTED BY MC
09, S. 2016
January 31, Guidelines For The Institutionalization Of The DSWD Early Childhood
MC 003, S.2015
2015 Care And Development Information System (ECCD-IS)
October 24, Implementing Guidelines Of Supplementary Feeding Program (SFP)

AO 008, S.2014
2014 For Sajahatra Bangsamoro Program (SBP)
October 24, Guidelines On The Implementation Of Sajahatra Bangsamoro Program

AO 007, S.2014
2014 For The Construction Of Day Care Center
665
Issuance Date of
Title
Number Issuance
MC 023, S.2014
October 13,
CERTAIN PRO- Guidelines On Foster Care Service
2014
VISIONS WAS
AMENDED BY
MC 03, 2016
Guidelines For The Pilot Implementation Of The Modified Condition-
September 1,
MC 019, S.2014 al Cash Transfer Program For Indigenous Peoples In Geographically
2014
Isolated And Disadvantaged Areas
MC 018, S.2014
AMENDED MC
02 & MC 15, S. Amendment To M.C. No. 2 And 15 Series Of 2014, Entitled “Guidelines
August 18,
2014; AMENDED To Strengthen And Enhance The Implementation Of The Assistance
2014
BY MC 01 AND To Individuals In Crisis Situations (AICS)”
02, S. 2015; SU-
PERSEDED BY
AO 01 AND 02,
S. 2018
MC 015, S.2014
AMENDED MC
02, S. 2014;
AMENDED BY Amendment To M.C. No. 2 Series Of 2014, Entitled “Guidelines To
MC 18, S. 2014; June 6, 2014 Strengthen And Enhance The Implementation Of The Assistance To
MC 01, S. 2015; Individuals In Crisis Situations (AICS)”
AND AO 02, S.
2015; SUPER-
SEDED BY AO 01
AND 02, S. 2018
MC 009, S.2014
Revised Guidelines On The Implementation Of The Modified Condi-

March 2, 2014
tional Cash Transfer For Homeless Street Families
REVOKED MC 15,
S.2012
AO 009, S.2013
On-Site, Near-Site, And In-City Shelter Assistance For Informal Settler

SEEKS TO 2013 Families (ISFS) Along The Waterways And Danger Zones Of Metro
EXPAND THE Manila
EXISTING COV-
ERAGE OF THE
AO 17, S.2010
666
Issuance Date of
Title
Number Issuance
Guidelines On The Implementation Of The Psychosocial Care And

AO 004, S.2013 March 7, 2013 Support Services For Persons Living With Hiv (PLHIV) And Their Af-
fected Families
Guidelines In The Implementation Of The Youth Productivity Services

AO 003, S.2013 March 1, 2013
(YPS)
Guidelines In The Implementation Of The Comprehensive Intervention

AO 002, S.2013 March 1, 2013
Against Gender-Based Violence
February 18, Guidelines In The Provision Of Subsidy To Non-Government Child

AO 001, S.2013
2013 Caring Agencies (CCAS)
AO 019, S.2012
December 28, Supplemental Provisions For Administrative Order No. 1 S.2010 Or

SUPPLEMENTAL 2012 The Amended Standards For Community Based Services
PROVISIONS
FOR AO 1,
S.2010
AO 018, S.2012
SUPERSEDED
THE PART IN AO December 27, Guidelines For The Accreditation Of Supervised Neighborhood Play
12, S.2008 THAT 2012
DISCUSSES THE
3RD MODE OF
HUMAN-BASED
ECCD
AO 017, S.2012
December 27, Revisions On Administrative Order No. 1 S.2010 (Amended Standards

2012 For Community Based Services)
AMENDED AO 1,
S.2010
MC 023, S.2012
November 16, Revised Guidelines On The Adoption Of Alternative Delivery Modes

2012 Of Education In The Pantawid Pamilya Program
REVISED MC 19,
S.2012
667
Issuance Date of
Title
Number Issuance
November 15, Guidelines On The Pilot Implementation Of Modified Conditional Cash

MC 022, S.2012
2012 Transfer Program For Households With 15-17 Year Old Children
Guidelines On The Institutionalization Of Gender Responsive Case

November 12,
AO 014, S.2012 Management (GRCM) As A Practice Model In Handling Violence
2012
Against Women (VAW) Cases
MC 019, S.2012
September Mechanics Of The Adoption Of Alternative Modes Of Education In

30, 2012 The Pantawid Pamilya Program
REVISED BY MC
23, S.2012
DSWD Guidelines On The Implementation Of The “Educational Assis-
AO 009, S.2012 June 22, 2012 tance For The Children Of Victims Maguindanao Massacre Tragedy
For Sy 2012-2013”
AO 008, S.2012
Omnibus Guidelines In The Implementation Of The Supplementary

June 13, 2012
Feeding Program
AMENDED BY
AO 04, S. 2016
AO 005, S.2012
May 14, 2012 DSWD Guidelines On Gender And Development (Gad) Mainstreaming
ADDENDUM
FROM AO 12,
S.2012
March 30, Family-Decision’ In Selecting Household-Members To Be Monitored

MC 005, S.2012
2012 For Education
January 1,
AO 001, S.2012 Terms Of Reference For The One-Month Feeding In Maguindanao
2012
December 29, Guidelines In Adopting The Use Of The Modified Social Stress Model
AO 024, S.2011
2011 (MSSM) As A Tool In Managing Children In Need Of Special Protection
AO 023, S.2011
January 3,
2012 2011 Guidelines In The Implementation Of Aruga At Kalinga Sa Mga
(RECEIVED Bata Sa Barangay (Foster Care In The Barangay)
SUPERSEDED DATE);
AO 8, S.2004
December 8, Amended Terms Of Reference For The Implementation Of The Sup-

AO 022, S.2011
2011 plementary Feeding Program In Partnership With Legislators
668
Issuance Date of
Title
Number Issuance
Guideline On The Implementation Of Continuing Relief Assistance In

AO 020, S.2011 2011
Central Mindanao In Partnership With The World Food
AO 018, S.2011 Amendment To The A. O. 05 Series Of 2011 Re: Guidelines In The

September 8,
AMENDED AO 5, Implementation Of The Supplementary Feeding Program In Day Care
2011
S.2011 Centers
AO 014, S.2011
August Amended Guidelines In The Implementation Of The Supplementary
AMENDED AO 5, 12,2011 Feeding Program In Day Care Centers
S.2011
Guidelines On The Issuance Of DSWD Certification Declaring A Child

AO 012, S.2011 July 19, 2011
Legally Available For Adoption
AO 005, S.2011
AMENDED AO 4, Amendment To A. O. No. 4 Series Of 2011 On The Guidelines In The
S.2011; AMEND- April 6, 2011
Implementation Of The Supplemental Feeding Program
ED BY AO 14 &
18, S.2011
AO 004, S.2011
February 21, Guidelines In The Implementation Of The Supplemental Feeding Pro-
AMENDED BY 2011 gram
AO 5, S.2011
December 8, Guidelines For The Implementation Of Poder 5: Improving Access To

AO 013, S.2009
2009 Basic Health And Education Services In The Communities
AO 011, S.2009
September 8,
Omnibus Guidelines On The Domestic Adoption Process
2009
AMENDED BY
MC 07, S. 2015
September 8,
AO 010, S.2009 Standards For Rape Crisis Centers
2009
August 26,
AO 008, S.2009 Standards For Community Based Services For Street Children
2009
AO 007, S.2009
Amendment To Administrative Order No. 06, Series Of 2009 Known
August 18,
As The DSWD Guidelines On The Implementation Of The Youth Na-
2009
AMENDED AO 6, tional Service
S.2009
669
Issuance Date of
Title
Number Issuance
AO 006, S.2009
DSWD Guidelines On The Implementation Of The Youth National

July 3, 2009
Service
AMENDED BY
AO 7, S.2009
Guidelines In The Implementation Of The Healthy Start Feeding Pro-

AO 004, S.2009 May 21, 2009
gram
January 27,
MC 001, S.2009 Indigenous Peoples Participating Framework
2009
Guidelines On The Implementation Of Pantawid Pamilyang Pilipino

AO 016, S.2008 July 16, 2008
Program (4Ps)
AO 014, S.2008
AMENDED ITEM
3.3 OF AO 2,
S.2006; CON-
SOLIDATED AO Amendment To Ao No. 2 Series Of 2006 Re: Amendments To Omni-
149, S.2001, AND July 8, 2008
bus Guidelines For Minors Travelling Abroad
AO 288, S.2002;
AMENDED BY
AO 14, S.2005;
AMENDED AND
CONSOLIDAT-
ED BY AO 12, S.
2017
Guidelines In Organizing Persons With Disabilities Into Self-Help

AO 013, S.2008 June 18, 2008
Groups (SHGS)
AO 012, S.2008
THE PART THAT

DISCUSSES THE June 16, 2008 Standards For Home-Based ECCD Program (For Children Below 6
3RD MODE OF Years Old)
HOME-BASED
ECCD WAS SU-
PERSEDED BY
AO 18, S.2012
670
Issuance Date of
Title
Number Issuance
AO 011, S.2008 Amendment Of Administrative Order No. 3, Series Of 2003 Issued By

AMENDED CWC May 16, 2008 Council For The Welfare Of Children From The Office Of The Presi-
AO 3, S.2003 dent
Guidelines In The Implementation Of The Character Building Program

AO 010, s.2008 April 18, 2008
For Children And Youth In Residential Care Centers
Guidelines In The Conduct Of Diversion For Children In Conflict With

AO 007, S.2008 April 3, 2008
The Law
Policies And Procedures For The Implementation Of The DSWD Sup-

MC 004, S.2007 April 3, 2007
plemental Feeding Program For CY 2007
Standards In The Implementation Of Psycho-Social Services To Wom-

August 7,
AO 004, S.2006 en Victims-Survivors Of Violence And Their Children In Center And
2006
Residential Facilities
AO 002, S.2006
AMENDED AO
14, S.2005;
ITEM 3.3 WAS
AMENDED BY
AO 14, S.2008;
CONSOLIDATED March 31, Amendments To Omnibus Guidelines For Minors Travelling Abroad
AO 149, S.2001, 2006 (AO 14 Series Of 2005)
AND AO 288,
S.2002; AMEND-
ED BY AO 14,
S.2005; AMEND-
ED AND CON-
SOLIDATED BY
AO 12, S. 2017
December 29, Enhanced Guidelines For The Implementation Of Social Mobilization

AO 021, S.2005
2005 Of Persons With Disabilities, Senior Citizens And Their Families
December 7, Guidelines On The Medical Mission Services For Children With Special
AO 019, S.2005
2005 Medical Needs
September 5,
AO 018, S.2005 Turn Around Period Of Local And Intercountry Adoption
2005
August 25,
AO 015, S.2005 Standards For Youth Detention Homes
2005
671
Issuance Date of
Title
Number Issuance
AO 014, S.2005
AMENDED AO
19, S.2004;
AMENDED BY
AO 02, S.2006;
CONSOLIDATED July 29, 2005 Omnibus Guidelines For Minors Travelling Abroad (Amendment To
AO 149, S.2001, Administrative No. 19, S.2004)
AND AO 288,
S.2002; AMEND-
ED BY AO 14,
S.2005; AMEND-
ED AND CON-
SOLIDATED BY
AO 12, S. 2017
Guidelines On The Cost Of Care And Maintenance Of Youthful Of-
MC 011, S.2005 May 18, 2005 fenders/ Children In Conflict With The Law In Regional Rehabilitation
Centers For Youth
Roles And Responsibilities Of Social Workers In Handling Cases On

AO 007, S.2005 May 11, 2005
Annulment, Nullity Of Marriage, And Custody Of Children
Enriched Guidelines In The Operation Of Group Home For Neglected,

January 19,
AO 002, S.2005 Abandoned, Abused, Unattached And Poor Older Persons And Per-
2005
sons With Disabilities
AO 036, S.2004
November
AMENDED BY Guidelines On The Medical Mission Services For Children
24, 2004
AO 07, S.2007
AO 031, S.2004
October 28, Amendment To AO 231, Series Of 2002 Otherwise Known As Guide-

2004 lines On The Implementation Of The Supervised Neighborhood Play
AMENDED AO
231, S.2002
AO 029, S.2004
September Standards For Day Care, Other Eccd Centers And Service Providers
16, 2004 (For Children Aged 0-5.11 Years)
REVOKED BY
AO 15, S.2011
Guidelines In The Provision Of Technical Assistance And Resource
AO 026, S.2004 July 21, 2004 Augmentation For The Federation Of The Pagasa Youth Association
Of The Philippines (PYAP)
AO 023, S.2004 July 8, 2004 Guidelines On Post Adoption Services
672
Issuance Date of
Title
Number Issuance
MC 022, S.2004
AMENDED
CERTAIN PRO- June 2, 2004 Policy Paper On De-Institutionalization Of Children
VISIONS OF MC
23, S.2005
AO 019, S.2004
CONSOLIDATED
AO 149, S.2001,
AND AO 288, May 18, 2004 Amended Omnibus Guidelines For Minors Travelling Abroad
S.2002; AMEND-
ED BY AO 14,
S.2005; AMEND-
ED AND CON-
SOLIDATED BY
AO 12, S. 2017
Guidelines In The Implementation Of The Family Drug Abuse Preven-

AO 016, S.2004 April 14, 2004
tion Program (FDAPP)
AO 015, S.2004
March 23, Policies For The Media Coverage Of Victims Of Abuse And Exploita-
2004 tion
AMENDED DO
22, S.1998
February 27, Guidelines On The Provision Of Psycho-Social And Basic Social Ser-
AO 012, S.2004
2004 vices To Displaced Children In Disaster Situation
AO 008, S.2004
February 2, Guidelines In The Implementation Of Aruga At Kalinga Sa Bata Sa

2004 Barangay (Foster Care For Children In The Barangay)
SUPERSEDED
BY AO 23, S.2011
February 2, Guidelines For The Implementation Of The Sheltered Workshop For

AO 007, S.2004
2004 Persons With Disabilities And Older Persons
January 8, Adoption Of The Children’s Hour In The DSWD Through The “Wala
MC 001, S.2004
2004 Pang Payb Minutes” Drive
December 5, Guidelines In The Implementation Of Psychosocial Services For Solo

AO 086, S.2003
2003 Parents And Their Children
October 28,
AO 083, S.2003 Standards In The Operation Of Special Drug Education Centers
2003
673
Issuance Date of
Title
Number Issuance
August 4, Guidelines On The Implementation Of The Day Care For Children With
AO 071, S.2003
2003 Autism
August 4, Guidelines In The Implementation Of Social Welfare Services For Chil-

AO 070, S.2003
2003 dren Victims/Survivors Of Child Labor
AO 069, S.2003
Amendment To Administrative Order No. 67, Series Of 2003 Guide-
AMENDED AO July 25, 2003
lines In The Operationalization Of A “Rape Crisis Center”
67, S.2003
AO 067, S.2003
AMENDED BY July 15, 2003 Guidelines In The Operationalization Of A “Rape Crisis Center”
AO 69, S.2003
AO 063, S.2003
AMENDED DO June 24, Amendment To Guidelines On The Implementation Of The Student
20, S.1998; 2003 Training Program
AMENDED BY
AO 35, S.2004
Guidelines In The Formulation And Implementation Of The Regional

MC 019, S.2003 June 18, 2003
Plan Of Action For The Filipino Family (RPAFF) For Cy 2003-2005
Guidelines For The Implementation Of The Tuloy Aral Walang Sagab-

AO 060, S.2003 May 27, 2003
al (TAWAG) Project
Guidelines For The Implementation Of The Auxiliary Social Services

AO 059, S.2003 May 13, 2003
For Persons With Disabilities
AO 055, S.2003 April 21, 2003 Guidelines In The Implementation Of The Missing Children Program
February 6, Guidelines On The Operation Of Group Homes For Older Persons/

AO 042, S.2003
2003 Persons With Disability In Selected Regions
February 6, Guidelines On The Implementation On Peer Counseling Service For

AO 041, S.2003
2003 Out Of School Youth
February 6, Guidelines On The Implementation Of The Family Life Development

AO 039, S.2003
2003 Program
674
Issuance Date of
Title
Number Issuance
AO 288, S.2002
SUPPLEMENTAL
GUIDELINES TO December 23, Supplemental Guidelines To AO 149, Series Of 2001 On Minors Travel-
AO 149, S.2001; 2002 ling Abroad
CONSOLIDATED
WITH AO 149,
S.2001 BY AO 19,
S.2004
AO 231, S.2002
October 30, Guidelines On The Implementation Of The Supervised Neighborhood
AMENDED BY 2002 Play
AO 31, S.2004
September
AO 186, S.2002 Guidelines Defining DSWD’s Commitments To Child 21
10, 2002
Guidelines On HIV/Aids Testing Of Children Under The Care And Cus-

AO 159, S.2002 July 15, 2002
tody Of DSWD
Procedures In The Handling And Treatment Of Children Involved In

AO 084, S.2002 April 15, 2002
Armed Conflict
February 21, Guidelines In The Psychosocial Care Of Victims Of Disasters And

AO 049, S.2002
2002 Families In Crisis Situations
February 1,
AO 034, S.2002 Creation Of Task Force On Minors In The Death Row
2002
AO 149, S.2001
REVISED DO 03,
S.2001; SUP-
PLEMENTAL
GUIDELINES:
AO 288, S.2002; October 1,
Omnibus Guidelines For Minors Travelling Abroad
CONSOLIDAT- 2001
ED WITH AO
288, S.2002 BY
AO 19, S.2004;
AMENDED AND
CONSOLIDAT-
ED BY AO 12, S.
2017
675
Philippine Statistics Authority
Issuance Date of
Title
Number Issuance
MEMORANDUM
CIRCULAR 2021- October 15, 2021 Change Of Surname Of A Legitimate Child
22
MEMORANDUM
Annotation Of Civil Registry Documents Duly Registered In Philip-
CIRCULAR 2021- October 13, 2021
pine Embassies/Consulates Pursuant To A Court Order Or Decree
20
MEMORANDUM
September 14, Guidelines In The Implementation Of The Birth Registration Proj-
CIRCULAR 2021-
2021 ect For Aklan Province
15
MEMORANDUM Guidelines In The Implementation Of The Order Of Administrative
CIRCULAR NO. March 31, 2021 Adoption Under Republic Act 11222 And Its Implementing Rules
2021-05 And Regulations
MEMORANDUM Interim Guidelines On The Process Of Delayed Registration Of
November 20,
CIRCULAR NO. Civil Registry Documents Due To The Implementation Of En-
2020
2020-09 hanced Community Quarantine
MEMORANDUM
CIRCULAR NO October 6, 2020 New Rules On The Use Of Middle Name
2020-28
MEMORANDUM
September 22, Reiterating The Rules On The Contents Of The Affidavit Of Legit-
CIRCULAR NO
2020 imation
2020-25
MEMORANDUM
Guidelines On How To Process The Amended Certificate Of Live
CIRCULAR NO August 14, 2020
Birth Of Foreign Children Adopted By Filipinos
2020-21
MEMORANDUM Guidelines On Authority Vested To Social Workers In Process-

December 12,
CIRCULAR NO ing And Applying For Copy Issuance Of Certificate Of Live Birth
2019
2019-30 (COLB) For Minors
MEMORANDUM Guidelines On How To Process Supplemental Report In Cases Of

November 13,
CIRCULAR NO Report Of Birth, Marriage, And Death If The Concerned Person Is
2019
2019-28 Already In The Philippines
676
Issuance Date of
Title
Number Issuance
MEMORANDUM
Revised Guidelines For Late Registration Of Undocumented Filipi-
CIRCULAR NO June 3, 2019
nos In Sabah
2019-22
MEMORANDUM Establishing The Inter-Agency Committee On Civil Registration

March 28, 2019
ORDER NO. 3 And Vital Statistics (IAC-CRVS)
MEMORANDUM
Reconstruction Of Birth Records During National Or Local State
CIRCULAR NO October 9, 2018
Of Calamity And Proper Monitoring Thereof
2018-12
MEMORANDUM Requirements For The Preparation Of Report Of Birth (ROB) Of

CIRCULAR NO July 24, 2017 A Child Born Abroad Of Filipino Parent/S Without Any Foreign
2017-12 Documents
MEMORANDUM
Free Birth Registration Of Ip Children For Beneficiaries Of Pan-
CIRCULAR NO April 12, 2011
tawid Pamilyang Pilipino Program (4Ps)
2011-08
Guidelines In The Processing Of Legitimation Prior To The Ef-
MEMORANDUM fectivity Of Republic Act No. 9858 (An Act Providing For The
CIRCULAR NO March 11, 2011 Legitimation Of Children Born To Parents Below Marrying Age.
2011-06 Amending For The Purpose The Family Code Of The Philippines,
As Amended)
MEMORANDUM
Birth Registration Of Indigenous Peoples (IPs) For The Pantawid
CIRCULAR NO January 14, 2011
Pamilyang Pilipino Program (4ps)
2011-31
MEMORANDUM
CIRCULAR NO Legitimation Of Illegitimate Children Of Underage Mother Or Fa-
August 11, 2009
ther Or Both
99-1
MEMORANDUM
CIRCULAR NO May 21, 2004 Names Of Converts To Islam
2004-05
MEMORANDUM
CIRCULAR NO
February 16,
Correction Of Clerical Errors
2004
REF NO.
04CRD00-0391
MEMORANDUM
Rules And Regulations In The Registration Of Births Of Children In
CIRCULAR NO January 8, 2004
Need Of Special Protection (CNSP)
2004-01
677
Issuance Date of
Title
Number Issuance
MEMORANDUM
CIRCULAR NO
June 27, 2003 Reiteration On The Concept And Rules On Founding Children
REF NO.
03CRD001-131
MEMORANDUM
May 27, 2003 Annotations Arising From Cases Of Legitimation
CIRCULAR NO
MEMORANDUM
CIRCULAR NO
July 30, 2001 Legitimation Under Article 177 Of The Family Code
REF NO.
03CRD001-024
MEMORANDUM
CIRCULAR NO
December 19, Assigning Of Population Reference Number (PRN) To Certificates
2000 Of Live Birth For The Year 2001 No Longer Necessary
REF NO.
03CRD001-024
Department of Budget and Management
Issuance
Date of Issuance Title
Number
JOINT MEM-
ORANDUM
CIRCULAR NO. Guidelines On The Allocation, Utilization, And Monitoring Of
January 13, 2021
2021-0001 (DOH- And Accountability For The Special Health Fund
DBM-DOF-DILG-
PHILHEALTH)
JOINT MEM-
ORANDUM
Addendum To DepEd-DBM-DILG Jc No. 1, S. 2017 Dated Janu-
CIRCULAR
August 27, 2020 ary 19, 2017, Entitled, “Revised Guidelines On The Use Of The
NO. 2020-001
Special Education Fund (SEF)”
(DEPED-DBM-
DILG)
678
Issuance
Number
JOINT MEMO-
RANDUM CIRCU- September 13, Revised Implementing Guidelines Of The Ched-Tulong Dunong
LAR NO. 2019- 2019 Program (Ched-TDP)
004 (CHED-DBM)
JOINT MEM-
ORANDUM
Guidelines On The Appropriation, Release, Planning And Bud-
CIRCULAR NO. January 23, 2019
geting Process For The SK Funds
2019-001 (DBM-
DILG-NYC)
JOINT MEMO-
RANDUM CIRCU- September 29, Amendment To The Guidelines Of Ched Tulong Dunong Pro-
LAR NO. 2017-2A 2017 gram Per Joint Memorandum Circular (JMC) No. 2017-2
(CHED-DBM)
JOINT CIRCULAR
Revised Guidelines On The Use Of The Special Education Fund
NO. 1 (DBM- January 19, 2017
(SEF)
DEPED-DILG)
JOINT MEMO-
RANDUM CIRCU-
Amendments To Pcw-Dilg-Dbm-Neda Jmc No. 2013 – 01:
LAR (PCW-DILG- January 12, 2016
Guidelines On The Localization Of The Magna Carta Of Women
DBM-NEDA) NO.
2016 – 01
LOCAL BUDGET June 9, 2015
Handbook On The Participation Of Civil Society Organizations
CIRCULAR NO.
In The Local Budget Process
106
JOINT MEMO-
Guidelines On The Implementation Of Expanded Students’
RANDUM CIRCU- February 3, 2014
Grants-In-Aid Program For Poverty Alleviation
LAR NO.2014-1
JOINT MEMO-
RANDUM CIRCU- September 30,
Guidelines On The Localization Of The Magna Carta Of Women
LAR NO.2 SERIES 2013
2013-01
JOINT CIR-
Guidelines For The Preparation Of Annual Gender And Devel-
CULAR NO.
2012 opment (GAD) Plans And Budgets And Accomplishment Re-
2012-01(PCW-
ports To Implement The Magna Carta Of Women
NEDA-DBM)
Department of Environment and Natural Resources
Issuance
Number
Guidelines in the Establishment and Implementation of Baran-

JOINT MC DENR-
May 30, 2013 gay Forest Program in Support of the Natural Greening Pro-
DILG 2013-03
gram
679
DMO 2000-05
Establishing Region IX as Pilot Area for the \”Plant and Study
October 5, 2000
Altogether Program\” of the DENR
Department of Foreign Affairs
Issuance
Number
DEPARTMENT
Documentary Requirements For The Renewal
ORDER NO. 03- January 15, 2019
Of Regular Passports
2019
DEPARTMENT Jan 1, 2018
Implementing Rules And Regulations Of Republic Act No.
ORDER NO. 010-
10928
2017
FSC NO. 157- Revised Applicable Philippine Visa Waiver Agreements, Poli-
September 2, 2016
2016 cies And Regulations For Foreign Nationals
All Regular Passports Issued By The People’s Republic Of

FSC NO. 211-12 November 29, 2012
China
FSC NO. 36-12 March 20, 2012 Visa Policy For Indian Nationals
FSC NO. 90-11 July 11, 2011 Visa Policy For Chinese Taipei Passport Holders
Classification Of Aliens For Issuance Of Temporary

FSC NO. 22-2010 February 22, 2010
Visitor’s Visa
Department of Public Works and Highways
Issuance
Number
Department OP Proclamation No. 417 dated February 5, 2018, “Declaring

Memorandum February 12, 2018 the Second Tuesday of February of Every Year as Safer Inter-
Circulars net Day for Children Philippines.”
680
Inter-Country Adoption Board
Issuance Date of
Title
Number Issuance
Resolution Approving the Modified Medical and Psychologi-

Board Resolution January 25, 2013
cal Requirements for PAPs
Addendum to the Policy on Photolisting of Children in the

Board Resolution March 11, 2010
Internet
Board Resolution September 24, 2009 Policy on Photolisting of Children in the Internet
National Council on Disability Affairs
Issuance
Number
Guidelines For The Establishment Of Persons With

Memorandum Cir-
September 13, 2017 Disabilities Affairs Office (PDAO) And The Conduct Of The
cular No. 2017-119
Persons With Disabilities General Assembly
Memorandum Cir-
Support For Community-Based Program For Children With
cular No. 2009- March 20, 2009
Disabilities
37
National Disaster Risk Reduction and Management Council
Issuance
Number
NDRRMC Mem-
2020 Brigada Eskwela and Oplan Balik Eskwela: Bayanihan
orandum No.64, July 16, 2020
Para sa Paaralan
s.2020
NDRRMC Mem-
orandum No.54, May 29, 2020 COVID-19 Preparedness Measures for Rainy Season
s.2020
NDRRMC Res-
Resolution Approving the Rehabilitation and Recovery Plan-
olution No.01, March 20, 2019
ning (RRP) Guide
s.2019
681
Joint Memorandum Circular No.2014-1 re: Implementing
Joint Memoran- Guidelines for the Establishment of Local Disaster Risk
dum Circular April 4, 2014 Reduction and Management Offices (LDRRMOs) or Baran-
No.2014-1 gay Disaster Risk Reduction and Management Committees
(BDRRMCs) in Local Government Units
682
Office of the President
Issuance
Number
Adopting as a National Priority the Implementation of Mea-

Executive Order sures to Address the Root Causes of the Rising Number of
June 25, 2021
No. 141 Teenage Pregnancies, and Mobilizing Government Agencies
for the Purpose
Full Devolution of Certain Functions of the Executive Branch

Executive Order
June 1, 2021 to Local Governments, Creation of a Committee on Devolu-
No. 138
tion, and for Other Purposes
Implementing
Rules and Regu- Institutionalizing the Balik Probinsya, Bagong Pag-asa Pro-
lations of Exec- June 4, 2020 gram as a Pillar of Balanced Regional Development, Creat-
utive Order No. ing a Council Therefore, and for Other Purposes
114, s. 2020
Institutionalizing The National Council Against Child Labor

Executive Order
September 17, 2019 To Upscale The Implementation Of The Philippine Program
No. 92, s. 2019
Against Child Labor
Amending Executive Order (Eo) No. 56 (S. 2001) Adopting

Executive Order The Comprehensive Program Framework For Children In
August 2, 2013
No. 138, s. 2013 Armed Conflict, Strengthening The Council For The Welfare
Of Children (Cwc) And For Other Purposes
Strengthening The Committee For The Special Protection Of

Executive Order
August 11, 2011 Children, Amending For This Purpose Executive Order No.
No. 53, s. 2011
275 (S. 1995)
Executive Order Affirming The Roles Of Early Childhood Care And Develop-
June 8, 2009
No. 806, s. 2009 ment Council And The Council For The Welfare Of Children
Executive Order Transforming The Council For The Welfare Of Children Into
January 13, 2009
No. 778, s. 2009 The Early Childhood Care And Development Council
Transferring The Council For The Welfare Of Children/Na-

Executive Order tional Early Childhood Care And Development Coordinating
October 23, 2008
No. 760, s. 2008 Council From The Department Of Social Welfare And Devel-
opment To The Office Of The President
Executive Order Expanding The Preschool Coverage To Include Children

January 10, 2008
685, s. 2008 Enrolled In Day Care Centers
Providing For The Immediate Release Of Detained Children

Executive Order
July 16, 2007 In Conflict With The Law (Cicl) As Declared Under R.A. 9344,
No. 633, s. 2007
Entitled “Juvenile Justice And Welfare Act Of 2006”
683
Issuance
Number
Transferring The Council For The Welfare Of Children From

Executive Order
June 28, 2007 The Office Of The President To The Department Of Social
No. 630, s. 2007
Welfare And Development
Declaring Thursday, December 28, 2006 (Holy Innocents’
Proclamation No. Day) As A Special Day Dedicated To Street Children And
December 28, 2006
1207, s. 2006 Other Abandoned, Orphaned, Abused And Marginalized
Youth
Designating The Department Of Social Welfare And Devel-
Memorandum
opment As The Lead Agency In Ensuring That The Rights
Order No. 203, s. January 30, 2006
And Welfare Of Children In Conflict With The Law Are Pro-
2006
tected
Establishing Clear Lines Of Authority Over The Council For
Executive Order
August 17, 2004 The Welfare Of Children/National Early Childhood Care And
No. 349, s. 2004
Development Coordinating Council Secretariat
Transferring The National Council For Children’s Television
Executive Order
May 5, 2003 From The Office Of President To The Department Of Educa-
No. 203, s. 2003
tion
Directing The Secretary, Department Of Labor And Em-
Memorandum ployment, To Take Immediate And Effective Measures To
Order No. 71, s. September 2, 2002 Ensure The Prohibition And Elimination Of The Worst Forms
2002 Of Child Labor Through The Philippine Time-Bound Program
And Other Initiatives Pursuant To The Ilo Convention 182
Adopting The Comprehensive Program Framework For Chil-
Executive Order dren In Armed Conflict And Directing National Government
November 26, 2001
No. 56, s. 2001 Agencies And Local Government Units To Implement The
Same
Authorizing The Adoption And Implementation Of The Phil-
Executive Order ippine National Strategic Framework For Plan Development
November 3, 2000
No. 310, s. 2000 For Children, 2000-2025 Or Child 21 And Its Accompanying
Medium Term Plan And Framework
Amending Executive Order No. 293, S. 2000, ” For The
Executive Order Holding Of The National Summit On Children” And Executive
October 16, 2000
No. 301, s. 2000 Order No. 294, S. 2000, “Creating The Office Of The Presi-
dential Adviser For Children’s Affairs”
Executive Order Creating The Office Of The Presidential Adviser For Chil-
August 26, 2000
No. 294, s. 2000 dren’s Affairs
Executive Order
August 26, 2000 For The Holding Of The First National Summit On Children
No. 293, s. 2000
Further Amending Executive Order No. 249 Dated May 29,

Executive Order
May 4, 2000 1995 Granting Permanent Resident Status To Certain Viet-
No. 240, s. 2000
namese Citizens And Filipino-Vietnamese Children
Executive Order Creating An Executive Council To Suppress Trafficking In

March 23, 2000
No. 220, s. 2000 Persons, Particularly Women And Children
684
Commission on Population and Development
Issuance
Number
Strengthening the Philippine Population Management

Board Resolution
February 10, 2021 Program and Promoting POPCOM’S Advocacy through a
No. 04, s. 2021
Partnership with the Council on the Welfare of Children
Recommending the Issuance of an Executive Order Declar-
Board Resolution
February 12, 2020 ing the High Rate of Adolescent Pregnancies as a National
No. 02, s. 2020
Social Emergency
Resolution Approving the National Plan of Action for
Board Resolution
February 15, 2019 Reaching and Optimizing the Demographic Divident, and
No. 02, s. 2019
for other purposes
Adopting the Collaborative Framework and Strategies
Board Resolution for the Implementation of the National Family Planning
March 21, 2016
No. 01, s. 2016 Program as a Public Health and Population Management
Intervention
Endorsing House Bill No. 4244 “An Act Providing for a
Comprehensive Policy on Responsible Parenthood, Repro-
Board Resolution ductive Health and Population and Development, and for
June 27, 2011
No. 03, s. 2011 Other Purposes” and Senate Bill No. 2865 “An Act Provid-
ing for A National Policy on Reproductive Health and popu-
lation and Development”
Technical Education and Skills Development Authority
Issuance
Number
Implementing Guidelines on the

TESDA Circular Deployment of Training Regulations (TR) and Competency
September 25, 2020
No. 099, s. 2020 Assessment Tools (CATs) for Caregiving (Clients with Spe-
cial Needs) NC II
TESDA Circular Omnibus Guidelines for TESDA Scholarship
January 23, 2020
No. 011, s. 2020 Programs
TESDA Circular Omnibus Guidelines for 2019 TESDA Scholarship
January 14, 2019
No. 001, s. 2019 Programs (TWSP, STEP, PESFA, UAQTEA)
Guidelines in the Implementation of TESDA’s Role in the
TESDA Circular
March 13, 2018 Protection of Asylum Seekers, Refugees and Stateless Per-
No. 024, s. 2018
sons in the Philippines
Omnibus Guidelines for 2018 Training for Work
TESDA Circular
January 25, 2018 Scholarship Program (TWSP) and Special Training for Em-
No. 003, s. 2018
ployment Program (STEP)
TESDA Circular Implementing Guidelines for the Massive Skills Training
June 9, 2017
No. 035, s. 2017 Program
685
Department of the Interior and Local Government
Issuance
Number
Comprehensive Guidelines for the Establishment,

Memorandum
Strengthening, and Monitoring of the Local Council for the
Circular No. April 7, 2021
Protection of Children (LCPC) at all levels and for other
2021-039
purposes
Memorandum Assistance to Refugees, Asylum seekers and stateless
Circular No. 2020 persons in the Philippines recognized by the Department
2020-153 of Justice-Refugees and Stateless Persons Protection Unit
Memorandum Providing Guidelines for local government units on the
Circular No. 2020 implementation of safety measures in the operation of
2020-152 TALIPAPAs (satellite markets during COVID19 Pandemic
Memorandum
Circular no. 2020 Observance of the 28th National Children’s Month
2020-130
Attendance to the Launching of the Local Council for the
Memorandum
Protection of Children (LCPC) Consortium Facebook Page
Circular No. 2020
and Group and the Webinar on Child Friendly Local Gov-
2020-111
ernance in the New Normal
Memorandum
Circular No. 2020 Observance of the World Day Against Trafficking
2020-103
Memorandum Monitor the status of CICL in all LGU-managed detention
Circular No. 2020 facilities with suspected and confirmed cases of COVID-19
2020-078 as well as the corresponding actions taken thereon
DILG-CWC Joint Reiteration of Protocols on Reaching Out to Children,
Memorandum Including Those in Street Situations, In Need of Special
2020
Circular No. Protection, Children at Risk, and Children in Conflict with
2020-001 the Law during the Enhanced Community Quarantine
Memorandum 24th National Convention and Election of the National
Circular No. January 8, 2020 Executive Committee of the National Movement of Young
2020-001 Legislators (NYML)
The Dissemination of Public Announcement and Infor-
Advisory July 20, 2020 mation, Education and Communication (IEC) Materials on
Children during Pandemic
The Dissemination of the Health, Nutrition and Child Pro-
tection Referral Pathway for COVID 19 emergencies de-
Advisory July 6, 2020
veloped by the National Child Protection Working Group
of CWC wherein DILG is a member
The Additional Guidelines on the proper handling of Chil-
Advisory June 23, 2020 dren who violate the law and the policies on community
quarantine
Monitoring the incidence of violence against women and
Advisory May 28, 2020 children reported to the barangays during COVID 19 Pan-
demic as well as the action taken thereon
686
Issuance
Number
The Dissemination of Process Flowchart in Handling Cases

of Children at Risk (CAR) and Children in Conflict with the
Law (CICL) and the Commission on Human Rights (CHR)
Advisory May 15, 2020
Advisory on Curfew entitled “Pangangalaga sa mga
Batang Pilipino sa Gitna ng Pangkalusugang Krisis Dala ng
COVID-19”
The Activation of Barangay Violence Against Women
Advisory April 2, 2020 (VAW) Desk and Barangay Council for the Protection of
Children (BCPC)
Memorandum
Circular No. 2019 Profiling of Child Laborers
2019-73
DILG, DSWD,
DepEd, and
Child representation in the Local Council for the Protec-
DOH Joint Mem- 2019
tion of Children
orandum Circu-
lar 2019-01
Joint Memoran-
Revised Guidelines for Delayed Registration of Birth
dum Circular
Memorandum
Role of Barangay Officials as Custodians of Children’s
Circular No. September 1, 2016
Rights
2016-11
Memorandum
Mandatory Child-Friendly Local Governance Audit (CFL-
Circular No. 2014
GA)
2014-80
Memorandum
Provision of Basic Learning needs to all Filipino Children,
Circular No. March 6, 2014
Youth, and Adult
2014-26
Memorandum Membership of World Vision Development Foundation
Circular No. September 12, 2012 and its local partner in the Local Councils for the Protec-
2012-147 tion of Children and the Inter-Agency Monitoring Task
Memorandum
Legislative Summit for the Protection and Development of
Circular No. October 16, 2012
Children
2012-166
Allocation of One Percent (1%) Internal Revenue Allotment
Memorandum (IRA) for the strengthening and implementation of Pro-
Circular No. July 5, 2012 grams, Projects, and Activities of the Local Councils for
2012-120 the Protection of Children (LCPC) per SECTION 15 of RA
9344
Memorandum Attendance to the Children of the Canes III: A National
Circular No. July 5,2012 Conference for the Protection and Development of Chil-
2012-117 dren in the Sugar Industry
Memorandum
Regional Seminars on Women, Children and the Millenium
Circular No.2012- April 4, 2012
Development Goals
064
687
Issuance
Number
Memorandum Guidelines for the Implementation of the Millennium De-

Circular No.2012- April 3,2012 velopment Goals- Family-base Actions on Children and
063 their Environs in the Slums (MDG-FACES) Project
Memorandum
Attendance to the Second Forum on Children in the Ur-
Circular No. August 15, 2011
ban Environment
2011-114
Memorandum 2011 Updating of the Nutritional Status of Filipino Children
Circular No.2011- April 28, 2011 and Other Population Groups from June to November
060 2011
Memorandum Formulation of Local Legislation to Address Child Labor
Circular No. 2011 and Integration of Anti-Child Labor Initiatives in the Local
2011-133 Development Plans and Programs
Memorandum
Support for Community-Based Program For Children with
Circular No. December 28, 2009
Disabilities (CWDs)
2009-037
Memoran- General Guidelines and procedures in Handling Children
dum Circular December 28, 2009 at Risk (CAR) and Children in Conflict with the Law by the
No.2009-059 Barangay Council for the Protection of Children
Memorandum
General Guidelines Regarding the Form and Content of
Periodic Local State of Children Report (LSCR)
2009-106
Memorandum Advocacy Training For Youth on Anti-Trafficking of Wom-
Circular No. December 28, 2008 en and Children for Labor and Sexual Exploitation for the
2008-040 Mindanao Region
Memorandum Revised Guidelines in Monitoring the Functionality of the
Circular No. December 28, 2008 Local Council For the Protection of Children (LCPC ) at All
2008-126 Levels and for other Purposes
Memorandum
Registration of Female Day Care Children to the Girl
Scouts of the Philippines
2007-068
Memorandum
Vice Mayor League of the Philippines 1st Northern Luzon
Local Legislative Summit for Children
2006-048
Memorandum
Circular No. December 28, 2006 Inventory of Children in Conflict with the Law
2006-054
Memorandum
Conduct of Free Birth Registration for Indigent Children in
Local Government Units
2006-086
Memorandum
Circular No. December 28, 2006 1st Mindanao Local Legislative Summit for Children
2006-094
Memorandum
Circular No. December 28, 2006 1st South Luzon Legislative Summit for Children
2006-129
688
Issuance
Number
Memorandum
Inventory on Street Children and Interventions Undertak-
en by City Governments and Other Stakeholder
2006
Memorandum Establishment and Operation of Special Drug Education
Circular No. December 28, 2006 Centers (SDEC) for Out of School Youth (OSY) and Street
2006-150 Children
Memorandum Guidelines in Monitoring the Functionality of the Local
Circular No. December 28, 2005 Council for the Protection of Children (LCPC) at All Levels
2005-007 and for Other Purposes
Strict Implementation of Republic Act No. 9208, An Act to
Memorandum Institute Policies to Eliminate Trafficking in Persons Espe-
Circular No. December 28, 2005 cially Women and Children, Establishing the Necessary
2005-026 Institutional Mechanisms for the Protection and Support of
Trafficked Persons, Provi
Memorandum Participation to the Awareness-Building Workshop on
Circular No. December 28, 2005 New Laws Protecting Women and Children and Forbid-
2005-007 ding Trafficking
Memorandum 8th Global Consultation on Child Welfare Services and 3rd
Circular No. December 28, 2005 International Conference of Adoptive Families of Filipino
2005-065 Children
Memorandum
VMLP-Sponsored Visayas Island Legislative Conference
for the Welfare and Protection of Children
2005-119
Memoran- Creation of a Sub-Committee of the Barangay Council for
dum Circular December 28, 2004 the Protection of Children (BCPC) to be called sub-com-
No.2004-052 mittee on Bright Child (SCBC) in Every Barangay
Memorandum Implementation of Republic Act No. 9262 (Anti-Violence
Circular No. December 28, 2004 Against Women and their Children Act of 2004) and Issu-
2004-118 ance of Barangay Protection Order (BPO)
Memorandum
2nd National Children’s Competition on Dramatic Folk
Expression
2004-149
Revised Guidelines on the Organization and Strengthening
Memorandum of the Local Councils for the Protection of Children (LCPC)
Circular No. August 5, 2002 incorporating thereat Early Childhood Care and Develop-
2002-121 ment (ECCD) Coordinating Committees at the Provincial,
City, Municipal and Barangay levels
689
Department of Information and Communications Technology
Issuance
Number
Prescribing the Child Online Safeguarding Policy for the

Department Cir-
December 18, 2020 Free Internet Access in Public Places Program Under
cular No. 015
Republic Act No. 10929
Department of Education and Department of Information

DICT-DepEd
April 2021 and Communications Technology support of the Public
MOA
Education Network (PEN)
Philippine Center on Transnational Crime
Issuance Num-
ber
Creating an Executive Council to Suppress Trafficking in

EO No. 220 March 23, 2000
Persons, Particularly Women and Children
National Council for Children’s Television
Issuance Num-
ber
DepEd-NCCT 5th DOKYUBATA Video Documentary Contest (Isang
Memorandum June 21, 2021 Pagdiriwang ng Dokumentaryong Pantelebisyon Para sa
No. 033 Bata Filipino)
MEMORANDUM 2019
CIRCULAR NO. “Child-Friendly Content Standards.”
2019-01
DepEd-NCCT
Seventh Cinepambata Video Festival’s
Division Memo- August 17, 2015
One-Minute Video Competition
randum No. 298
690
Department of Science and Technology
Issuance
Number
What’s the current nourishment of Filipino mothers and

Policy Statement 2018
their children?
Exclusive breastfeeding for the first 6 months and contin-

Policy Statement 2018 ued breastfeeding up to 2 years: How has Republic Act
No. 10028 driven the WHO recommendation?
Improved Feeding Practices among Children Aged 0-5

Years Old
Policy Statement 2018 Ensuring nutritious complementary foods for babies
Promote Physical Activity among Children in School and

at Home
Operationalizing local child nutrition surveillance system:

does Operation Timbang deliver the numbers?
691
692
693
694

Compendium Consuelo 2.8 0623

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Compendium

Republic Act No. 11930 (Protection)................................................................................................... 1

Republic Act No. 11908 (Development)........................................................................................... 20

Republic Act No. 11862 (Protection)................................................................................................ 25

Republic Act No. 11767 (Protection and Survival).......................................................................... 49

Republic Act No. 11650 (Development)........................................................................................... 56

Republic Act No. 11648 (Protection and Survival).......................................................................... 75

Republic Act No. 11642 (Protection and Survival).......................................................................... 78

REPUBLIC ACT NO. 11510 (Development)..................................................................................... 104

REPUBLIC ACT NO. 11470 (Development and Participation).........................................................112

REPUBLIC ACT NO. 11394 (Development)...................................................................................... 118

REPUBLIC ACT NO. 11314 (Development)....................................................................................... 119

REPUBLIC ACT NO. 11313 (Protection)............................................................................................123

REPUBLIC ACT NO. 11229 (Protection)...........................................................................................134

REPUBLIC ACT NO. 11222 (Survival)................................................................................................138

REPUBLIC ACT NO. 11206 (Development)......................................................................................145

REPUBLIC ACT NO. 11188 (Protection, Survival, and Development)............................................147

REPUBLIC ACT NO. 11148 (Survival and Development).................................................................165

REPUBLIC ACT NO. 11037 (Survival and Development)................................................................184

REPUBLIC ACT NO. 10917 (Survival and Development)................................................................188

REPUBLIC ACT NO. 10882 (Survival and Development)............................................................... 191

REPUBLIC ACT NO. 10871 (Survival)...............................................................................................193

REPUBLIC ACT NO. 10821 (Survival and Development)................................................................195

REPUBLIC ACT NO. 10747 (Survival and Development).............................................................. 201

REPUBLIC ACT NO. 10742 (Participation).....................................................................................208

REPUBLIC ACT NO. 10676 (Development).....................................................................................219

REPUBLIC ACT NO. 10666 (Survival and Protection)................................................................... 223

REPUBLIC ACT NO. 10661 (Participation)......................................................................................230

REPUBLIC ACT NO. 10648 (Development).....................................................................................231

REPUBLIC ACT NO. 10630 (Survival and Development).............................................................. 235

REPUBLIC ACT NO. 10627 (Protection)......................................................................................... 245

REPUBLIC ACT NO. 10620 (Survival and Development).............................................................. 249

REPUBLIC ACT NO. 10618 (Development)..................................................................................... 252

REPUBLIC ACT NO. 10612 (Development)..................................................................................... 256

REPUBLIC ACT NO. 10588 (Development)....................................................................................260

REPUBLIC ACT NO. 10533 (Development).................................................................................... 267

REPUBLIC ACT NO. 10398 (Protection)......................................................................................... 278

REPUBLIC ACT NO. 10364 (Protection).........................................................................................280

REPUBLIC ACT NO. 10361 (Development and Protection)........................................................... 295

REPUBLIC ACT NO. 10354 (Survival and Development)..............................................................304

REPUBLIC ACT NO. 10175 (Protection)...........................................................................................318

REPUBLIC ACT NO. 10165 (Survival and Development)...............................................................330

REPUBLIC ACT NO. 10158 (Protection).......................................................................................... 338

REPUBLIC ACT NO. 10157 (Development)..................................................................................... 339

REPUBLIC ACT NO. 10152 (Development)..................................................................................... 342

REPUBLIC ACT NO. 10028 (Survival and Development).............................................................. 344

REPUBLIC ACT NO. 9775 (Protection)........................................................................................... 353

REPUBLIC ACT NO. 9709 (Survival and Development)............................................................... 364

REPUBLIC ACT NO. 9547 (Survival and Development)................................................................370

REPUBLIC ACT NO. 9523 (Survival and Development)................................................................ 373

REPUBLIC ACT NO. 9344 (Survival, Development, and Protection)........................................... 377

REPUBLIC ACT NO. 9288 (Survival and Development)................................................................ 398

REPUBLIC ACT NO. 9262 (Protection)...........................................................................................403

REPUBLIC ACT NO. 9255 (Survival and Development).................................................................416

REPUBLIC ACT NO. 9211 (Survival and Development)................................................................. 424

REPUBLIC ACT NO. 9208 (Protection).......................................................................................... 437

REPUBLIC ACT NO. 9155 (Development)...................................................................................... 447

REPUBLIC ACT NO. 8972 (Survival and Development)................................................................ 455

REPUBLIC ACT NO. 8750 (Survival)............................................................................................... 459

REPUBLIC ACT NO. 8552 (Survival and Development)................................................................ 463

REPUBLIC ACT NO. 8370 (Development and Protection)............................................................471

REPUBLIC ACT NO. 8369 (Development and Protection)........................................................... 476

REPUBLIC ACT NO. 8353 (Protection)...........................................................................................480

REPUBLIC ACT NO. 7880 (Development).....................................................................................490