Human Behavior and Social Environment

PSYCHOSOCIAL DEVELOPMENT BY ERIK ERICKSON

PSYCHOSOCIA AGES PSYCHO-SEXUAL LIFE RELATIONSHIPS LIFE ISSUES

L CRISIS STAGES STAGES
STAGES (FREUDIAN)
TRUST vs Birth Oral Infancy Mother Feeding &
MISTRUST -1 being
comforted,
teething,
sleeping

AUTONOMY vs 1-3 Anal Toddlers Parents Bodily

SHAME AND years functions, toilet
DOUBT training,
muscular
control,
walking

INITIATIVE vs 3-6 Phallic Pre-school Family Exploration &

GUILT years years discovery,
adventure &
play

INDUSTRY vs 6-11 Latency Middle School Achievement

INFERIORITY years Childhood teachers, and
friends, accomplishmen
neighborhoo t
d

IDENTITY vs 12-18 Puberty Adolescenc peers, Resolving

ROLE years & e groups, identity &
CONFUSION Genitalit influences direction,
y becoming
grown up

INTIMACY vs 20- (Genital) Young Lovers, Intimate

ISOLATION 30, Adulthood friends, work relationships,
19-35 connections work & social
years life

GENERATIVITY 35- N/A Middle Children, Giving back,

vs 55, Adulthood Community helping,
STAGNATION 40-60 contributing
years
INTEGRITY vs 55 N/A Late Society the Meaning &
DESPAIR years Adulthood world, life purpose, life
abov achievements
e
 Social Welfare Policies Programs and Services

Department of Social Welfare and Development

Programs, Projects, Activities and Services

DSWD MANDATE
To provide assistance to local government units, non-government organizations, other national
government agencies, peoples organizations and other members of civil society in effectively
implementing, programs, projects and services that will alleviate poverty and empower
disadvantaged individuals’ families, and communities for an improved quality of life. (EO 15,
1993 )
To implement statutory and specialized programs which are directly lodged with the
Department and/or not yet devolved to the LGUs (EO 221, 2003)

DSWD VISION
The Department of Social Welfare and Development envisions all Filipinos free from
hunger and poverty, have equal access to opportunities, enabled by fair, just and peaceful
society.

DSWD MISSION
To lead in the formulation implementation and coordination of social welfare and
development policies and programs for and with the poor vulnerable and disadvantaged.

DSWD CORE VALUES

 Maagap at Mapagkalingang Serbisyo
 Serbisyong Walang Puwang sa Katiwalian
 Patas na Pagtrato sa Komunidad
DSWD BRAND
#DSWDMayMalasakit
DSWD LOGO
The pair of the hands protective holding a heart (presenting the poor and vulnerable and
disadvantaged population) symbolizes the joint responsibility of government (one hand) and the
private sector (the other hand) in alleviating poverty and uplifting the life of the sector’s
beneficiaries.
The whole figure represents nurturing, caring and empowering which is the essence of social
welfare and development.
ORGANIZATIONAL OUTCOMES
Organizational Outcomes 1
Well-being of poor families improved
 Organizational Outcomes 2
Rights of the poor and vulnerable sectors promoted and protected
Organizational Outcome 3
Immediate relief and early recovery of disaster victims/ survivors ensured
Organization Outcomes 4
Continuing compliance of Social Welfare and Development (SWD) agencies to standards in the
delivery of social welfare services ensured.
Organizational Outcomes 5
Delivery of social welfare and development (SWD) programs by local governments units
(LGUs)through local social welfare and development offices (LSWDOs) improved.
ORGANIZATIONAL OUTCOMES
1. Well-being of the poor families improved
 Pantawid Pamilyang Pilipino Program
 KALAHI CIDSS NCDDP
 Sustainable Livelihood Program

 Pantawid Pamilya Pilipino Program

Is a social protection program that invests in the health and education of children 0-18 years old
from eligible poor households. It provides cash grants to the household beneficiaries in
exchange to their compliance to conditionalities anchored on health and education.
 KALAHI CIDSS NCDDP
Otherwise known as the Kapit Bisig Laban sa Kahirapan-Comprehensive and Integrated Delivery
of Social Services, is one of the poverty alleviation program of the Philippine Government it uses
the community driven development (CDD) approach. A globally recognition strategy for
achieving service delivery , poverty reduction and good governance outcomes.

2. Rights of the poor and vulnerable sectors promoted and protected

 Unconditional Cash Transfer Program
 Supplemental Feeding Program
 Centenarian Act. Program
 Residential Services (RRCY, RSCC, Haven )
 Recovery and Reintegration Program for Trafficked Persons
 Adoption and foster care services
 Aid to Individuals in Crisis Situation
 Aid to Communities in Need
 Issuance of Clearance for minors Travelling Abroad
 Social Technology

 Unconditional cash Transfer Program

Target Number of Beneficiaries 10 million Households and Individuals
4.4 Million Pantawid Beneficiaries
Indigent Social Pension Beneficiaries
Listahanan Indentified Poor Households
 - Social Welfare Benefit under the TRAIN in the amount of Php 200 per month in 2018 and
P300 per month in 2019 and 2020

 Supplementary Feeding program

SFP is the provision of food in addition to the regular meals, to target children as part of the
DSWD’S ECCD program of the government.

 Social Pension Program

Social Pension Program for Indigent Senior Citizens (SPISC) is the additional government
assistance in the amount of Five Hundred (P500) monthly stipend, to augment the daily
subsistence and other medical needs of indigent senior citizens.

 Centenarian Act. 2016

Under the Republic Act. (R.A) 10868 all Filipinos in the Philippines or abroad who reached 100
years old above will be grant a Centenarian gift of P100,000 cash.

 Protected Services
- Assistance to individuals in Crisis Situation (AICS)
- Assistance to Communities in Need (ACN)
Provides a range of interventions to individuals, families and communities in crisis or difficult
situations and vulnerable or disaster affected communities.
 Recovery and Reintegration Program for Trafficking Persons (RRPTP)
A comprehensive program that ensures adequate recovery and reintegration services provided
to trafficked person.

 Adoption and Foster Care

Alternative parental care to children in especially difficult circumstances whose parents are
unable to provide for their basic needs, temporarily or permanently.

 Travel Clearance for Minors Traveling Abroad

A measure to prevent child trafficking of Filipino children 18 years old traveling abroad alone or
accompanied by somebody on other than his or her parents
 Residential Facilities
A 24 hour residential care service to disadvantaged and vulnerable sectors.
- RSCC – Reception and Study Center for Children
- HAVEN- Haven for Women and Girls
- RRCY- Regional Rehabilitation Center for Youth
Accredited Level III Center of Excellence
3. Immediate relief and early recovery of disaster victims/survivors ensured
 Emergency Shelter Assistance Program
 Core Shelter Assistance program
 Food/Cash for Work
 Prepositioning of Relief Goods
  Relief Augmentation Support to LGU’s
4. Continuing Compliance of Social Welfare and Development Agencies (SWDAs) to standards in
the delivery of social services ensured.
 Assessment and Registration of SWDA’s
 Assessment and Accreditation of CSO’s
 Assessment and Accreditation of CDC’s
 Assessment and Accreditation of CDW’s
 Assessment and Accreditation of PMC’s
 Assessment and Accreditation of SWMCC’s
5. Delivery of Social Welfare and Development programs by LGU’s through LSWDO’s improved.
 LISTAHANAN
 Technical Assistance and Resource Augmentation (TARA)
 Functionality Assessment to LSWDO’s
 LISTAHANAN
- The listahanan or the National Household Targeting National Household Targeting System
for Poverty Reduction (NHTSPR)
- Is an information management system that identifies who and where the poor are in the
country. (name, address and family members)

Sources:
DSWD Regional Office 5

DSWD HISTORY

Department of Social Welfare and Development

History

Social welfare as a basic function of the state was a concept that materialized only after the Second
World War, although different groups were undertaking pockets of social work in the first decade of the
American occupation in the country. After the war, the Philippine government gradually assumed the
major responsibility for social welfare.

1915 – The Public Welfare Board (PWB) was created. Its functions were to study, coordinate and
regulate all government and private entities engaged in social services.

1921 – The PWB was abolished and replaced by the Bureau of Public Welfare under the Department of
Public Instruction.

1939 – Commonwealth Act No. 439 created the Department of Health and Public Welfare

1941– The Bureau of Public Welfare officially became a part of the Department of Health and Public
Welfare. In addition to coordinating services of all public and private social welfare institutions, the
Bureau also managed all public child-caring institutions and the provision of child welfare services.
1947 – President Manuel A. Roxas abolished the Bureau of Public Welfare and in its place created the
Social Welfare Commission (SWC) under the Office of the President.

1948 – President Elpidio Quirino created the President’s Action Committee on Social Amelioration
(PACSA) to effect socio-economic reforms in the countryside to counteract social unrest.

1951 – The SWC and PACSA were merged into the Social Welfare Administration (SWA) which marked
the beginning of an integrated public welfare program.

1968 – Republic Act 5416 known as the Social Welfare Act of 1968 elevated the SWA into a Department,
placing it under the executive branch of government in equal status with other social agencies like
health and education.

1976 – The Department of Social Welfare was renamed Department of Social Services and Development
(DSSD) with the signing of Presidential Decree No. 994 by President Ferdinand E. Marcos. It gave the
Department a more accurate institutional identity, in keeping with its productivity and developmental
thrusts.

1978 – The DSSD was renamed Ministry of Social Services and Development (MSSD) in line with the
change in the form of government, from presidential to parliamentary.

1987 – The MSSD was reorganized and renamed Department of Social Welfare and Development
(DSWD) under Executive Order 123 signed by President Corazon C. Aquino. Executive Order No. 292,
also known as the Revised Administration Code of 1987, established the name, organizational structure
and functional areas of responsibility of DSWD and further defined its statutory authority.

1991 – The passage of Republic Act 7160 otherwise known as the Local Government Code of 1991
effected the devolution of DSWD basic services to local government units.

1998 – President Joseph Ejercito Estrada issued Executive Order No. 15 “Redirecting the Functions and
Operations of the Department of Social Welfare and Development” to strengthen the DSWD’s
repositioning efforts that began soon after the implementation of the Local Government Code of 1991.

2003 – President Gloria Macapagal Arroyo issued Executive Order No. 221 amending Executive Order
No. 15 which defined the mandate, roles, powers and functions of the DSWD.

2005 – The Department of Budget and Management (DBM) approved the DSWD’s Rationalization and
Streamlining Plan (RSP) on January 28, 2005 for implementation over the next five years. The RSP
emphasizes the Department’s shift in policy, functions and programs in line with its steering role.

PANTAWID PAMILYA PILIPINO PROGRAM

The Pantawid Pamilyang Pilipino Program (4Ps) is a human development measure of the national
government that provides conditional cash grants to the poorest of the poor, to improve the health,
nutrition, and the education of children aged 0-18. It is patterned after the conditional cash transfer
(CCT) schemes in Latin American and African countries, which have lifted millions of people around the
world from poverty.
The Department of Social Welfare and Development (DSWD) is the lead government agency of the 4Ps.

OBJECTIVES

The 4Ps has dual objectives as the flagship poverty alleviation program of the Aquino administration:

1. social assistance, giving monetary support to extremely poor families to respond to their

immediate needs; and

2. social development, breaking the intergenerational poverty cycle by investing in the health and
education of poor children through programs such as:

o health check-ups for pregnant women and children aged 0 to 5;

o deworming of schoolchildren aged 6 to 14;

o enrollment of children in daycare, elementary, and secondary schools; and

o family development sessions.

The 4Ps also helps the Philippine government fulfill its commitment to the Millennium Development
Goals (MDGs)—specifically in eradicating extreme poverty and hunger, in achieving universal primary
education, in promoting gender equality, in reducing child mortality, and in improving maternal health
care.

COVERAGE

The 4Ps operates in all the 17 regions in the Philippines, covering 79 provinces, 143 cities, and 1,484
municipalities. Beneficiaries are selected through the National Household Targeting System for Poverty
Reduction (NHTS-PR), which identifies who and where the poor are in the country.

In general, the following criteria must be satisfied to become eligible for the program:

 Residents of the poorest municipalities, based on 2003 Small Area Estimates (SAE) of the
National Statistical Coordination Board (NSCB)

 Households whose economic condition is equal to or below the provincial poverty threshold

 Households that have children 0-18 years old and/or have a pregnant woman at the time of
assessment

 Households that agree to meet conditions specified in the program

COMPLEMENTING THE 4PS IS THE MODIFIED CONDITIONAL CASH TRANSFER (MCCT) PROGRAM, WHICH

CATERS TO FAMILIES IN NEED OF SPECIAL PROTECTION. THESE INCLUDE STREET FAMILIES, ITINERANT
INDIGENOUS FAMILIES, FAMILIES DISPLACED BY NATURAL AND MAN-MADE DISASTERS, FAMILIES WITH
A PERSON WITH DISABILITY (PWD), CHILD LABORERS, CHILDREN IN CONFLICT WITH THE LAW, AND
FAMILIES WITH MEMBERS WITH TERMINAL DISEASE AND VICTIMS OF HUMAN TRAFFICKING.
As of August 26, 2015, there are 4,353,597 active household-beneficiaries, of which 570,056 are
indigenous households and 217,359 have at least one PWD. The program also covers 10,235,658
schoolchildren aged 0 to 18, from the total registered with an average of two to three children per
household.

CASH GRANTS

The 4Ps has two types of cash grants that are given out to household-beneficiaries:

 health grant: P500 per household every month, or a total of P6,000 every year

 education grant: P300 per child every month for ten months, or a total of P3,000 every year (a
household may register a maximum of three children for the program)

For a household with three children, a household may receive P1,400 every month, or a total of P15,000
every year for five years, from the two types of cash grants given to them.

These cash grants are distributed to the household-beneficiaries through the Land Bank of the
Philippines or, if not feasible, through alternate payment schemes such as Globe G-Cash remittance and
rural bank transactions.

As of August 2015, a total of P27.15 billion cash grants were paid to eligible and compliant beneficiaries
for the first to third period of 2015 covering January to August disbursements. From this amount, P13.23
billion was paid for education, and the remaining P13.92 billion was disbursed for health.

CONDITIONS AND COMPLIANCE

In order to receive the abovementioned subsidies, all the succeeding conditions must be met by the
household-beneficiaries:

1. Pregnant women must avail pre- and post-natal care, and be attended during childbirth by a
trained professional;

2. Parents or guardians must attend the family development sessions, which include topics on
responsible parenting, health, and nutrition;

3. Children aged 0-5 must receive regular preventive health check-ups and vaccines;

4. Children aged 6-14 must receive deworming pills twice a year; and

5. Children-beneficiaries aged 3-18 must enroll in school, and maintain an attendance of at least
85% of class days every month.

High compliance rates were recorded for the months of March and April 2015: 99.91% for the
deworming of children aged 6-14; 98.99% for school attendance of children aged 6-14; 98.33% for
school attendance of children in daycare aged 3-5; 97.05% for school attendance of children aged 15-18;
95.95% for health visits of pregnant women and children aged 0-5; and 94.84% for attendance in family
development sessions.
PARTNERSHIPS WITH GOVERNMENT AGENCIES

In partnership with the Commission on Higher Education, the Department of Labor and Employment,
and the Philippine Association of State Universities and Colleges, 4Ps has enrolled 36,003 beneficiaries in
state universities and colleges as of June 2015.

Additionally, in partnership with PhilHealth, 4Ps has covered 4.4 million beneficiaries under the National
Health Insurance Program.

REFERENCES :

https://www.officialgazette.gov.ph/programs/conditional-cash-transfer/

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT

The Department of Social Welfare and Development (DSWD) is the primary government agency
mandated to develop, implement, and coordinate social protection and poverty-reduction solutions for
and with the poor, vulnerable, and disadvantaged.

The following agencies are attached to the DSWD:

Council for the Welfare of Children
Inter-Country Adoption Board
National Youth Commission
National Council on Disability Affairs

WHAT IS Kalahi-CIDSS?

Kalahi-CIDSS, otherwise known as the Kapit-Bisig Laban sa Kahirapan-Comprehensive and Integrated

Delivery of Social Services, is one of the poverty alleviation programs of the Philippine Government
being implemented by the Department of Social Welfare and Development (DSWD). It uses the
community-driven development (CDD) approach, a globally recognized strategy for achieving service
delivery, poverty reduction, and good governance outcomes.

Started in 2003, its scale-up was approved on 18 January 2013 by the National Economic Development
Authority (NEDA) Board, which was headed by President Benigno Aquino III.

CDD:

 Helps communities in poor municipalities identify challenges around reducing poverty and make
informed decisions on a range of locally identified options for development, including how this is
made and in what form;

 Gives control of resources to address local poverty to communities; and

  Builds the capacity of both state (including local governments) and civil society stakeholders to
provide assistance and respond to calls for support from poor communities as they implement
development initiatives.

The development objective of Kalahi-CIDSS is to have barangays/communities of targeted municipalities

become empowered to achieve improved access to services and to participate in more inclusive local
planning, budgeting, and implementation. 

References:

https://ncddp.dswd.gov.ph/site/page/1

REPUBLIC ACT NO. 5416

AN ACT PROVIDING FOR COMPREHENSIVE SOCIAL SERVICES FOR INDIVIDUALS AND GROUPS IN NEED
OF ASSISTANCE, CREATING FOR THIS PURPOSE A DEPARTMENT OF SOCIAL WELFARE

Section 1.    Short Title. — This Act shall be known as the Social Welfare Act of 1968.  

Sec. 2.    Declaration of Policy. — It is hereby declared that it is the responsibility of the Government to
provide a comprehensive program of social welfare services designed to ameliorate the living conditions
of distressed Filipinos particularly those who are handicapped by reason of poverty, youth, physical and
mental disability, illness and old age or who are victims of natural calamities including assistance to
members of the cultural minorities to facilitate their integration into the body politic.

Sec. 3.    The Department of Social Welfare; its powers and duties. — There is hereby created a
Department of Social Welfare, hereafter referred to as the Department, which shall develop and
implement a comprehensive social welfare program consisting of (1) preventive and remedial programs
and services for individuals, families and communities; (2) protective, remedial and developmental
welfare services for children and youth; (3) vocational rehabilitation and related services for the
physically handicapped, ex-convict and individuals with special needs; and (4) training and research and
special projects.  

The Department shall have the following powers and duties, among others:

1.    To develop, administer and implement such social service programs as may be needed to
accomplish the objectives of this Act;  

2.    To set standards and policies to insure effective implementation of public and private social welfare
programs;
3.    To undertake research programs and studies on matters pertaining to family life, the welfare needs
of children and youth, the aged, the disabled and other individuals, or groups with special needs;

4.    To initiate and administer pilot social welfare projects designed to suit local settings, problems and
situations for possible implementation on a nation-wide basis;

5.    To credit institutions and organizations, public and private, engaged in social welfare activity
including the licensing of child caring and child placement institutions and provide consultative services
thereto;  

6.    To license and regulate public solicitations and fund drives for charitable or civic purposes;

7.    To provide consultative services and develop training programs for personnel, students and third
country participation;

8.    To insure proper dissemination of information relative to social welfare programs and activities; to
publish and issue technical bulletins on social welfare programs;

9.    To establish such regional, provincial, city and municipal branches and field offices of the
Department whenever and wherever it may be expedient or necessary, and to supervise such
branches;  

10.    To coordinate government and voluntary efforts in social welfare work to avoid duplication,
friction and overlapping of responsibility in social services;

11.    To establish, administer and maintain such facilities as child caring institutions and others,
wherever and whenever it may be deemed necessary to carry out the objectives of this Act; and

12.    To establish such rules and regulations as may be necessary to carry out the provisions of this Act.

Sec. 4.    The Secretary and the Undersecretaries; their qualifications and compensation. — The
Department shall be under the executive authority of a Secretary who shall be assisted by an
Undersecretary for Program and an Undersecretary for Operation and Administration.  

The Secretary and the two undersecretaries shall be appointed by the President of the Philippines with
the consent of the Commission on Appointments.

The Secretary must have shown a demonstrated interest in social welfare and possess a working
knowledge of public administration.

No person shall be appointed Undersecretary for Program unless he is a holder of a master's degree in
social work, is duly registered to practice social work, and has at least seven years experience in the
administration of social service programs, preferably in a public agency.

No person shall be appointed Undersecretary for Operation and Administration unless he possesses a
working knowledge of public administration or social work and has at least seven years experience in
administration of social welfare programs: Provided, That these requirements shall not be applicable to
persons holding the position or detailed to discharge the duties of Deputy Administrator at the time of
the enactment of this Act.  

The Secretary and the Undersecretaries shall each receive an annual compensation at the rate fixed by
law for department secretaries and undersecretaries.

Sec. 5.    Functions of the Undersecretaries. — The Undersecretary for Program shall have the following
functions, among others:

(a)    To formulate the program of services of the Department on the basis of priority of needs and the
availability of resources to service these needs;

(b)    To recommend to the Secretary such measures relating to social welfare programs as may be
necessary to carry out the policy declared in Section two hereof;

(c)    To draw up program standards and procedures;  

(d)    To direct and supervise technical operations of the different bureaus of the department; and

(e)    To perform such related duties as may be delegated by the Secretary;

The Undersecretary for Operation and Administration shall have the following functions, among others:

(a)    To recommend to the Secretary matters relating to operations and administration;

(b)    To formulate administrative standards and procedures in implementing programs;  

(c)    To provide consultative and technical services in administrative and legal matters;

(d)    To implement programs, special projects and services in the field, staff development and training
programs, conduct research, undertake the publication of researches, interpretative and teaching
materials and other social work literature and provide public information regarding activities of the
Department; and

(e)    To perform such related duties as may be delegated by the Secretary.

Sec. 6.    Bureaus under the Department. — The Department shall have executive control and
administrative supervision over the Bureau of Family Welfare, Bureau of Child and Youth Welfare,
Bureau of Vocational Rehabilitation, Bureau of Field Services and Bureau of Training, Research and
Special Projects.

Sec. 7.    Functions of the different bureaus. — (a) Bureau of Family Welfare. — The Bureau of Family
Welfare shall have, among others, the following functions:  

To formulate, administer, develop and implement social welfare services which will promote the social
adjustment of families, prevent family disorganization, develop social consciousness and civic
responsibility. Such services shall include among others family life, education programs, establishment
of family welfare centers and extension youth centers, of groups for self-help, groupwork and street-
corner gang work with out-of-school youth, pre-vocational and work training, income-producing
projects and employment referral services for handicapped adults and youth, programs for pre-school
children of working mothers.  

To formulate, administer, develop and implement family welfare programs to meet such problems of
individuals and families arising from the lack or loss of income or disturbances in family relationship;
and to perform such other functions as the Secretary may direct: Provided, That such functions shall not
duplicate those presently performed by other departments or other government agencies or
instrumentalities.

(b)    Bureau of Child and Youth Welfare. — The Bureau of Child and Youth Welfare shall have, among
others, the following functions:

To formulate, administer, develop and implement programs for the care, protection, training and
rehabilitation of children and youth such as the abused, abandoned, neglected, handicapped and
delinquent with emphasis on their preparation for participation in economically productive activities,
initiate demonstration and experimental projects and administer them for the exploration of improved
techniques of social work with the young adapted to local problems, situations, and culture; and to
perform such other related functions as the Secretary may direct.  

(c)    Bureau of Vocational Rehabilitation. — The Bureau of Vocational Rehabilitation shall have, among
others, the following functions:

To formulate, administer, develop and implement programs of vocational rehabilitation and related
services to disabled and physically handicapped persons and individuals with special need, and services
including among others social adjustment services, medical services, pre-vocational assessment and
guidance services; vocational training, selective placement and employment exchange services and
sheltered workshop operations with adequate revolving funds; administer national program of
vocational rehabilitation centers and facilities to meet the needs of disabled and physically handicapped
persons and individuals with special needs including negative Hansenites, released prisoners, alcoholics
and drug addicts; initiate and develop vocational rehabilitation programs in rehabilitation training
centers; and to perform such other related functions as the Secretary may direct: Provided, That
vocational rehabilitation sheltered workshop shall be established in each congressional district, the
location of which shall be chosen by the Secretary of Social Welfare, upon recommendation of the
Director of Vocational Rehabilitation.  

(d)    Bureau of Field Services. — The Bureau of Field Services shall have, among others, the following
functions:

To administer, operate, direct, supervise, and coordinate all welfare functions of the regional offices
subject to direct authority from the Undersecretary for Operation and Administration; execute and
implement approved policies, regulations, and work plans and render administrative decisions on these
matters within limits of delegated authority; and maintain cooperative and harmonious relationship
with other entities and agencies, public and private, local, national or international, in the promotion of
economic and social development and welfare of the nation.  

There shall be regional offices which shall carry out the functions thru the provincial, city and municipal
branch offices all to be located in the same provinces, cities or municipalities as presently fixed by law
for similar offices under the Social Welfare Administration.

(e)    Bureau of Training, Research and Special Projects. — The Bureau of Training, Research and Special
Projects shall have, among others, the following functions:

To formulate, develop and implement programs or research, training and special projects; and to
perform such other functions as the Secretary may direct. The special projects will include the Central
Institute for Training and Relocation of Urban Squatters (CITRUS); disaster and emergency relief services
and such other new program which may be developed and assigned to it by Congress.  

Sec. 8.    Abolition of the Social Welfare Administration. — The Social Welfare Administration is hereby
abolished, and the personnel, records, documents, supplies, equipment, priorities and existing balance
of appropriations thereof are hereby transferred to the Department of Social Welfare: Provided, That
no official or employee, who has satisfactorily served the Administration shall suffer a loss of
employment or a reduction of salary or rank as a consequence of the abolition: And provided, finally,
That nothing in this provision shall be construed in any way to amend, repeal, alter, or modify the
provision of Republic Acts Numbered Forty-three hundred and seventy-three and Fifty-one hundred
seventy-five.

Sec. 9.    Authority to receive grants and make direct purchase. — The Department is hereby authorized
to receive grants, bequests, donations and trust funds made or given for the purpose of promoting or
assisting social welfare services. Such grants, bequests and donations so received shall be exempted
from taxes.  

Any provision of law to the contrary notwithstanding but limited to the maximum prices paid by the
Bureau of Supply Coordination and subject to the usual auditing and accounting rules and regulations,
the Department of Social Welfare is hereby authorized to procure directly such equipment, materials
and supplies needed in the implementation of all of the welfare programs pertinent and related
thereto.

SECTION 10.    Settlement and Revolving Fund. — The Department of Social Welfare is hereby
authorized to establish a Settlement and Revolving Fund. All income accruing from such projects shall
form part of said revolving fund, and that such shall be used exclusively for projects of bureaus
concerned.

SECTION 11.    Appropriation. — There is hereby appropriated out of any funds in the National Treasury
not otherwise appropriated, the sum of three million pesos in addition to the present appropriation of
the Social Welfare Administration, to carry out the purpose of this Act: Provided, That the sum should
be utilized for programs and services according to need: Provided, finally, That not more than fifteen
per cent shall be used for personnel services.

SECTION 12.    Repealing Clause. — All laws, executive orders, administrative rules and regulations
which are contrary or inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 13.    Separability Clause. — If for any reason any section or provision of this Act shall be held
to be unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.

SECTION 14.    Effectivity. — This Act shall take effect upon its approval.

Approved:  June 15, 1968 

Sources:

https://www.chanrobles.com/republicacts/republicactno5416.html#.XtN1i_8zbMw

REPUBLIC ACT No. 11310

An Act Institutionalizing the Pantawid Pamilyang Pilipino Program (4Ps)

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:

Section 1. Short Title. -This Act shall be known as the "Pantawid Pamilyang Pilipino Program (4Ps) Act".
Section 2. Declaration of Policies. -The State shall promote a just and dynamic social order thereby
uplifting its citizens and marginalized sectors from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved quality of life for all.

The State recognizes the need to foster social justice as provided for in Article XIII of the 1987
Constitution, as follows:

(a) The Congress shall give highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the common good;

(b) The promotion of social justice shall include the commitment to create economic opportunities
based on freedom of initiative and self-reliance;

Towards this end, the State shall establish programs that invest and harness our country’s human capital
and improvement of delivery of basic services to the poor, particularly education, health and nutrition,
which is an intervention anticipated to break the intergenerational cycle of poverty.

(c) Break the intergenerational cycle of poverty through investment in human capital and improved
delivery of basic services to the poor, particularly education, health, nutrition, and early childhood care
and development;

(d) Promote gender equality and empowerment of women and children’s rights;

(e) Achieve universal primary education;

(f) Reduce child mortality and malnutrition;

(g) Improve maternal health; and

(h) Ensure healthy lives and promote well-being for all.

Section 3. Definition of Terms. -As used in this Act, the following terms are defined, as follows:

(a) Authorized Government Depository Banks refer to banking institutions accredited and managed by
government which is also categorized as government-owned and -controlled corporation (GOCC) or
government financial institution;

(b) Case Management refers to a process used by the Department of Social Welfare and Development
(DSWD) to enable the household-beneficiaries to improve their functioning by dealing with their
difficulties specifically in complying with the terms of the program;

(c) Compliance Verification refers to the checking and monitoring undertaken to ensure that the
qualified household-beneficiaries comply with conditions for entitlement set forth by the Pantawid
Pamilyang Pilipino Program (4Ps);

(d) Conditional Cash Grant refers to the amount received by the qualified household-beneficiaries who
comply with the conditions for entitlement;
(e) Grantee refers to the most responsible adult member of the qualified household-beneficiary
authorized to receive the conditional cash transfer;

(f) Grievance Redress System refers to the mechanism of the DSWD which addresses and resolves issues
and concerns related to the implementation of the Program;

(g) Health Facility refers to a barangay health station, rural health unit, barangay health center, infirmary
or hospital;

(h) Institutionalization refers to making the Pantawid Pamilyang Pilipino Program (4Ps) an added
function of the DSWD and a regular program funded from its annual appropriation;

(i) Poor refers to households whose income falls below the poverty threshold as defined by the National
Economic and Development Authority (NEDA) and cannot afford in a sustained manner to provide their
minimum basic needs of food, health, education, housing and other essential amenities of life;

(j) Preventive Health Check-up refers to health and nutrition services comprising of complete
immunization, deworming, growth and development monitoring, management of childhood diseases;
malnutrition, and services for pregnant, lactating and post-partum women;

(k) Qualified Household-Beneficiaries refer to households identified by the DSWD for entitlement to the
monthly conditional cash grants as provided under Section 6 of this Act;

(l) Responsible Person refers to the parent or guardian in the qualified household-beneficiary;

(m) Standardized Targeting System refers to a system for identifying who and where the poor
households are through the generation of socioeconomic database of poor households that is adopted
by national government agencies and implemented by the DSWD; and(n) Sustainable Livelihood
Program refers to the livelihood and capability building program managed by the DSWD for the poor,
vulnerable and marginalized families and individuals to help improve their socioeconomic
conditions.1âшphi1 The one-time livelihood assistance is in the form of microenterprise development
(MD) and employment facilitation (EF). The MD track provides microenterprise interventions to the poor
or savings generation while the EF track provides interventions that facilitate employment.

Section 4. The Pantawid Pamilyang Pilipino Program (4Ps). -The Pantawid Pamilyang Pilipino Program
(4Ps) is the national poverty reduction strategy and a human capital investment program that provides
conditional cash transfer to poor households for a maximum period of seven (7) years, to improve the
health, nutrition and education aspect of their lives. The National Advisory Council (NAC) may
recommend a longer period under exceptional circumstances.

Section 5. Selection of Qualified Household-Beneficiaries. -On a nationwide basis, the DSWD shall select
qualified household-beneficiaries of the 4Ps using a standardized targeting system. It shall conduct a
regular revalidation of beneficiary targeting every three (3) years.

Section 6. Eligible Beneficiaries. -Farmers, fisherfolks, homeless families, indigenous peoples, those in

the informal settler sector and those in geographically isolated and disadvantaged areas including those
in areas without electricity shall be automatically included in the standardized targeting system to be
conducted by the DSWD: Provided, That to be eligible for the cash grants, households or families must
meet the following criteria:

(a) Classified as poor and near-poor based on the Standardized Targeting System and the poverty
threshold issued by the Philippine Statistics Authority (PSA) at the time of selection;

(b) Have members who are aged zero (0) to eighteen (18) years old or have members who are pregnant
at the time of registration; and

(c) Willing to comply with the conditions specified by this Act.

Section 7. Conditional Cash Transfer to Beneficiaries. -The Advisory Council shall determine the amount
of conditional cash transfer to beneficiaries with the following schemes:

(a) Conditional cash transfer grant per child enrolled in day care and elementary programs shall not be
lower than Three hundred pesos (₱300.00) per month per child for a maximum of ten (10) months per
year;

(b) Conditional cash transfer grant per child enrolled in junior high school shall not be lower than Five
hundred pesos (₱500.00) per month per child for a maximum of ten (10) months per year;

(c) Conditional cash transfer grant per child enrolled in senior high school shall not be lower than jSeven
hundred pesos (₱700.00) per month per child for a maximum of ten (10) months per year; and

(d) Health and nutrition grant shall not be lower than Seven hundred fifty pesos (₱750.00) per month for
a maximum of twelve (12) months per year.

The health/nutrition grant component aims to promote healthy practices and family development,
improve the health nutritional status of pregnant and post-partum mothers, infants and young children,
and increase the use of health services by the household-beneficiary. The health grant is a fixed amount
and does not depend on the number of members in the household.

Section 8. Coverage in the National Health Insurance Program (NHIP). -All beneficiaries of 4Ps as
identified by the standardized targeting system to be qualified household-beneficiaries of the 4Ps shall
automatically be covered in the NHIP. The necessary funding for their coverage shall be sourced from
revenue generated pursuant to Republic Act No. 10351, otherwise known as the "Sin Tax Reform Act of
2012".

Section 9. Mode of Cash Transfer. -The DSWD shall provide beneficiaries with direct and secured access
to cash grants through any number of Authorized Government Depository Banks (AGDBs). For localities
not adequately served by an AGDB, the DSWD may, by itself or through an AGDB, contract the services
of rural banks, thrift banks, cooperative banks, and institutions engaged in money remittances duly
accredited by the Bangko Sentral ng Pilipinas (BSP).

Section 10. Periodic Assessment. -Every three (3) years after the effectivity of this Act, the Philippine
Institute for Development Studies (PIDS) shall conduct an impact assessment to evaluate the
effectiveness of the 4Ps, the veracity of the list of household-beneficiaries and the program
implementation.

The amounts indicated in Section 7 of this Act shall be made available to the qualified household-
beneficiaries during the first three (3) years of the implementation of this Act: Provided, That every six
(6) years after the effectivity of this Act, the PIDS shall recommend to the NAC whether the cash grants
shall be adjusted to its present value using the consumer price index, as published by the PSA: Provided,
further, That the NAC shall ensure that the grant amounts are sufficient to make a positive impact on the
health, nutrition, and education of the beneficiaries and are timely received and spent by the
beneficiaries.

Section 11. Conditions for Entitlement. -All qualified household-beneficiaries shall comply with all of the
following conditions as a requirement for continued program eligibility:

(a) Pregnant women must avail of pre-natal services, give birth in a health facility attended by a skilled
health professional, and receive post-partum care and post-natal care for her newborn;

(b) Children zero (0) to five (5) years old must receive regular preventive health and nutrition services
including check-ups and vaccinations;

(c) Children one (1) to fourteen (14) years old must avail of deworming pills at least twice a year;

(d) Children three (3) to four (4) years old must attend day care or pre-school classes at least eighty-five
percent (85%) of them time;

(e) Children five (5) to eighteen (18) years old must attend elementary or secondary classes at least
eighty-five percent (85%) of their time; and

(f) At least one (1) responsible person must attend family development sessions conducted by the
DSWD, at least once a month.

Any or all of the conditions for entitlement may be suspended by the DSWD Secretary during times of
calamities, war and armed conflicts.

Section 12. Noncompliance with Conditions. -The responsible person of a reported qualified household-

beneficiary who fails to comply with conditions set forth in Section 11 of this Act shall at first be notified
in writing and the payment of cash grants will immediately be terminated. After four (4) months of
noncompliance, the household-beneficiary shall be subject to case management process of DSWD.

Should the qualified household-beneficiary so notified persist in not complying with the conditions
within a period of one (1) year since the day of receipt of the written notification, the household-
beneficiary shall be removed from the program.

Section 13. Livelihood, Interventions. -Qualified household-beneficiaries shall be given priority in the

availment of the modalities and interventions under DSWD’s Sustainable Livelihood Program (SLP) or
other appropriate or similar programs offered by other government agencies or accredited private
institutions.
The household-beneficiary shall also be given priority in the availment of the employment facilitation
services provided by the SLP or other employment programs of appropriate government agencies
implementing the same.

Section 14. Lead Agency. -The DSWD shall serve as the central planning, coordinating, implementing and
monitoring body of the Program.

In the implementation of this Act, the DSWD shall perform the following functions:

(a) Select and use an appropriate, effective and cost-efficient method to identify and select qualified
household-beneficiaries;

(b) Identify and select the target household-beneficiaries on the basis of a uniform, objective and
transparent selection process as indicated in Section 5 of this Act;

(c) Coordinate with different national and local government agencies, including organizations from the
private sector to ensure full implementation of statutory commitments herein;

(d) Set up participatory monitoring and evaluation systems and methodologies on compliance of
conditions, implementation of operations, and output and impact assessments. It shall also coordinate
with the NAC and with the Independent Monitoring Committee at the national and local levels, to verify
compliance on a monthly basis, using the monitoring and evaluation systems designed for the purpose;

(e) Recommend to the NAC measures and policies for the responsive delivery of the commitments
under this Act;

(f) Identify the coverage of the 4Ps based on the Standardized Targeting System;

(g) Provide the seminar-workshops and training programs to educate qualified household-beneficiaries
about the conditions and other actions pertinent to this Act;

(h) Organize a session on entrepreneurship and disaster preparedness and risk reduction or arrange a
community development activity in the qualified household-beneficiaries’ respective barangay or
municipality or city whichever is available annually;

(i) Submit an annual report to Congress on all aspects of its operations, financial status and other
relevant data;

(j) Formulate implementing rules and guidelines for the enforcement of this Act; and

(k) Perform such other functions as may be necessary or incidental to the proper implementation of the
provisions of this Act.

Section 15. Advisory Council. -An Advisory Council shall be created at the regional and national levels to
be headed by the DSWD.

The regional advisory councils and NAC shall have, as members, representatives from the DSWD,
Department of Health (DOH), Department of Education (DepEd), Department of Agriculture (DA),
Department of Labor and Employment (DOLE), Department of Trade and Industry (DTI), Department of
Agrarian Reform (DAR), Department of Science and Technology (DOST), and Technical Education and
Skills Development Authority (TESDA). The regional advisory councils and NAC shall also have, as
additional members, two (2) representatives from accredited nongovernmental organizations working
or monitoring social welfare service programs.

The Advisory Councils shall have the following functions:

(a) Meet regularly to promote coordination across agencies to enhance the implementation of the
program and jointly address and resolve program implementation issues;

(b) Recommend to the President measures and policies for the responsive delivery of the commitments
under this Act and integration with the general poverty reduction strategy of government;

(c) Ensure that the funding requirements for livelihood, training and employment facilitation programs
shall be included in the annual budgets of the government agencies implementing the same;

(d) Promulgate a grievance redress system and accept complaints and grievances pertaining to the
implementation of the 4Ps; and

(e) Review the monitoring and assessment reports of the Independent Monitoring Committee and
submit necessary policy recommendations to Congress to improve and strengthen the program, if
necessary.

Section 16. Independent Monitoring Committee. -An Independent Monitoring Committee shall be

created at the regional, and national levels, composed of representatives from the private sector and
civil society organizations (CSOs) to complement the monitoring activities of the DSWD and provide
feedback for appropriate action. It shall submit a report on the results of its monitoring activities relative
to the implementation of the program to the respective regional advisory councils and the NAC.

Section 17. Regular Monitoring. -The DSWD shall monitor the implementation of the program and
report its status at least once every three (3) years in order to ensure the attainment of the goals
enumerated in Section 2 of this Act to the House of Representatives and the Senate of the Philippines.

Section 18. Report of the Program. -The DSWD shall annually publish a full report of the 4Ps covering the
implementation of the previous fiscal year. The said report shall include financial disclosures, number of
households included in the 4Ps, and recommendations to the Advisory Council, the President and to
both chambers of Congress on how to further enhance it. This report shall be submitted to Congress
before the submission of the President’s Budget Message.

Section 19. Convergence of Programs and Services. -Within the framework of a national poverty

alleviation strategy and a holistic social protection program, the various agencies of government
implementing multi-stakeholder programs and services for the poor shall guarantee that the same
complement and converge seamlessly with the aim of ensuring that the targeted household-
beneficiaries are alleviated from poverty and remain non-poor even after the prescribed maximum
period for the conditional cash grant. Such convergence shall focus on the enhancement of operational
efficiency and strengthening of inter-agency partnership. The government shall monitor the
performance of these agencies to ensure the sustainability and positive impact of its pro-poor programs.

Section 20. Program Transparency.— The DSWD shall regularly and timely post and update on its
website a report of financial disclosures and information about beneficiaries based on geographical
area, social, economic and cultural circumstances.

Section 21. Joint Congressional Oversight Committee.— Upon the effectivity of this Act, a Congressional
Oversight Committee, hereafter referred to as the 4Ps Oversight Committee is hereby constituted. This
Committee shall set the overall framework to review the implementation of this Act. It shall likewise
determine inherent weaknesses in the law and recommend necessary remedial legislation or executive
measures.

The 4Ps Oversight Committee shall be composed of fourteen (14) members with the chairpersons of the
Committee on Poverty Alleviation of the House of Representatives, and the Committee on Social Justice,
Welfare and Rural Development of the Senate as Co-Chairpersons; and six (6) members from each
House, to be designated by the Speaker of the House of Representatives, and the Senate President,
respectively.

For purposes of determining remedial legislation, the 4Ps Oversight Committee shall, within three (3)
years after the effectivity of this Act, conduct a sunset review which shall include a systematic evaluation
of the impact of this Act, accomplishments of the program, and the performance of its implementing
agencies.

Section 22. Appropriations.— The amount necessary to carry out the provisions of this Act shall be
charged against those authorized in the current and subsequent General Appropriations Act.

Section 23. Implementing Rules and Regulations.— Within six (6) months from the effectivity of this Act,
the Secretary of the DSWD shall, in coordination with appropriate government departments and
agencies with the participation of the local government units, promulgate the necessary rules and
regulations to carry out the provisions of this Act.

Section 24. Penalties.— Any person, whether or not acting in conspiracy with public officials, who, by act
or omission, inserts or allows the insertion of data or false information, or who diverts from what ought
to be contained in the registry, with the view of altering the fact, or aiding in the grant of the money to
persons other than the qualified household-beneficiaries, shall be penalized with imprisonment of not
less than one (1) month but not more than one (1) year, or a fine of not less than Ten thousand pesos
(₱10,000.00) but not more than One hundred thousand pesos (₱100,000.00) or both imprisonment and
fine, at the discretion of the court. A public official who commits any of the acts provided herein shall be
penalized with temporary disqualification to hold public office. Administrative sanctions shall be
imposed without prejudice to prosecution in the proper courts.

Section 25. Separability Clause. -Should any provision of this Act be found unconstitutional by a court of
law, such provision shall be severed from the remainder of this Act, and such action shall not affect the
enforceability of the remaining provisions of this Act.
Section 26. Repealing Clause.— All laws, decrees, letters of instruction, resolutions, orders or parts
thereof which are inconsistent with the provisions of this Act are hereby-repealed, modified or amended
accordingly.

Section 27. Effectivity Clause.— This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation in the Philippines.

Approved,

(Sgd) VICENTE C. SOTTO III

President of the Senate

(Sgd) GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

This Act was passed by the Senate of the Philippines as Senate Bill No. 2117 on February 4, 2019 and
adopted by the House of Representatives as an amendment to House Bill No. 7773 on February 7, 2019.

(Sgd) MYRA MARIE D. VILLARICA

Secretary of the Senate

(Sgd) DANTE ROBERTO P. MALING

Acting Secretary General
House of Representatives

(Sgd) RODRIGO ROA DUTERTE

President of the Philippines

Approved: April 17, 2019.

Republic Act 9262

"THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004"

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004."

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their personal
safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms
of discrimination Against Women, Convention on the Rights of the Child and other international human
rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act:

(a) "Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to,
the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child.
It includes, but is not limited to:

a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to
do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;

b) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and 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 victims' own money or properties or solely controlling the conjugal money or
properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly
or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the course of
the relationship. A casual acquaintance or ordinary socialization between two individuals in a business
or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a
common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department
of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited
by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing
temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care
of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological
children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of
victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women
and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman
or her child has the right to desist from or desist from conduct which the woman or her child has the
right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall include, but not limited to, the
following acts committed with the purpose or effect of controlling or restricting the woman's or her
child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or
her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right; and

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money,
or properties.

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions
or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does
not constitute rape, by force or threat of force, physical harm, or through intimidation directed against
the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his
will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman
or her child; and

(5) Engaging in any form of harassment or violence.

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Sec. 5 hereof shall
be punished according to the following rules:

(a) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated parricide or murder
or homicide shall be punished in accordance with the provisions of the Revised Penal Code;

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code;
those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less
serious physical injuries shall be punished by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor;
Acts falling under Sec. 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be
lower than arresto mayor;

(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Sec. 5(e) shall be punished by prision correccional;

(d) Acts falling under Sec. 5(f) shall be punished by arresto mayor;

(e) Acts falling under Sec. 5(g) shall be punished by prision mayor;

(f) Acts falling under Sec. 5(h) and Sec. 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 Sec.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One
hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00);
(b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to
the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at the option of the
compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Sec. 5 of this Act and
granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through
another, any of the acts mentioned in Sec. 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member
at a distance specified by the court, and to stay away from the residence, school, place of employment,
or any specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to supervise the petitioner's or
respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of
the income or salary of the respondent to be withheld regularly by the respondent's employer for the
same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay
in the remittance of support to the woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

Any of the reliefs provided under this Sec. shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute 'ity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed
by any of the following:

(a) The offended party;

(b) Parents or guardians of the offended party;

(c) Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or
affinity;

(d) Officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) Police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on
venue under Sec. 409 of the Local Government Code of 1991 and its implementing rules and regulations.
An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court,
municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence
of the petitioner: Provided, however, That if a family court exists in the place of residence of the
petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in
writing, signed and verified under oath by the applicant. It may be filed as an independent action or as
incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as
described in this Act. A standard protection order application form, written in English with translation to
the major local languages, shall be made available to facilitate applications for protections order, and
shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of
consent given by the victim for the filling of the application. When disclosure of the address of the victim
will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall
attest that the victim is residing in the municipality or city over which court has territorial jurisdiction,
and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO
and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought
to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging
from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six
(6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the
applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation
of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the
applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to
desist from committing acts under Sec. 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte
determination of the basis of the application. If the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct
any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex parte determination
that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in
this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a
PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal
service of the TPO on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits
of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection
order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of
a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent
fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the
applicant and render judgment on the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if the same was not directed against
the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one
(1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due
to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each
particular time until final judgment is issued. The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the person in whose favor the order was issued.
The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the
act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not
the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in
bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an
application for a protection order within the reglementary period specified in the previous Sec. without
justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this
Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case
and other incidents of the case as soon as possible. The hearing on any application for a protection order
filed by the petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all other
proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a
protection order under this Act above all other business and, if necessary, suspend other proceedings in
order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act
must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial
court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need
of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on

protection orders shall be applicable in impliedly instituted with the criminal actions involving violence
against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection
order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake
that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in
no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Sec. 5(a) to
5(f) and not exceeding thirty (30) days, if for acts punishable under Sec. 5(g) to 5(i).

The protection orders referred to in this Sec. are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a public
offense which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts
to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other
mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and
support of her child/children. Children below seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with right to support, unless the court finds
compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody
of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is
suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe
the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall
have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by
entering the necessary whether or not a protection order has been issued and ensure the safety of the
victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for
help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this
Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed,
and there is imminent danger to the life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not
limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who
suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or
visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or
visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act,
and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs
shall establish programs such as, but not limited to, education and information campaign and seminars
or symposia on the nature, causes, incidence and consequences of such violence particularly towards
educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education
and training of their officers and personnel on the prevention of violence against women and their
children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence he
applicant for a protection order to compromise or abandon any of the reliefs sought in the application
for protection under this Act. Sec. 7 of the Family Courts Act of 1997 and Sec.s 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 Sec. shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and
their children as herein defined, any person, private individual or police authority or barangay official
who, acting in accordance with law, responds or intervenes without using violence or restraint greater
than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.
SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal
assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent
or there is an immediate necessity due to imminent danger or threat of danger to act on an application
for a protection order, the court shall accept the application without payment of the filing fee and other
fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). -In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on
Violence Against Women and their children, hereinafter known as the Council, which shall be composed
of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to the
needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not
lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings
in their behalf, and shall receive emoluments as may be determined by the Council in accordance with
existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the
victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 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 LGU's shall establish an education and training program for police officers
and barangay officials to enable them to properly handle cases of violence against women and their
children.

SECTION 43. Entitled 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 Sec. 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 to hospitals shall respect the right to privacy of the victim. Whoever publishes or
causes to be published, in any format, the name, address, telephone number, school, business 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 LGU's 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.

SECTION 48. Separability Clause. – If any Sec. or provision of this Act is held unconstitutional or invalid,
the other Sec.s or provisions shall not be affected.

SECTION 50. 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 51. 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.

Approved:  March 08, 2004

References:

Philippine Commission on Women

Republic Act No. 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

TITLE I
GOVERNING PRINCIPLES

CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS

Section 1. Short Title and Scope. – This Act shall be known as the “Juvenile Justice and Welfare Act of
2006.” It shall cover the different stages involving children at risk and children in conflict with the law
from prevention to rehabilitation and reintegration.

SEC. 2. Declaration of State Policy. – The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building and shall promote and
protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those to which the Philippines is a
party. Proceedings before any authority shall be conducted in the best interest of the child and in a
manner which allows the child to participate and to express himself/herself freely. The participation of
children in the program and policy formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions
prejudicial to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State
recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the
penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and
worth, taking into account the child’s age and desirability of promoting his/her reintegration. Whenever
appropriate and desirable, the State shall adopt measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It
shall ensure that children are dealt with in a manner appropriate to their well-being by providing for,
among others, a variety of disposition measures such as care, guidance and supervision orders,
counseling, probation, foster care, education and vocational training programs and other alternatives to
institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the
cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the
Muslims, consistent with the protection of the rights of children belonging to these communities.

(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.
SEC. 3. Liberal Construction of this Act. – In case of doubt, the interpretation of any of the provisions of
this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of
the child in conflict with the law.

SEC. 4. Definition of Terms. – The following terms as used in this Act shall be defined as follows:

(a) “Bail” refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the
form of corporate security, property bond, cash deposit, or recognizance.

(b) “Best Interest of the Child” refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouraging to the
child’s physical, psychological and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child.

(e) “Child” refers to a person under the age of eighteen (18) years.

(d) “Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to, the following:

(1) being abused by any person through sexual, physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;

(2) being exploited including sexually or economically;

(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot
be found;

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a streetchild;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or drug abuse; and

(9) living in situations of armed conflict.

(e) “Child in Conflict with the Law” refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.

(f) “Community-based Programs” refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.

(g) “Court” refers to a family court or, in places where there are no family courts, any regional trial court.
(h) “Deprivation of Liberty” refers to any form of detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private custodial setting, from which the child in conflict with
the law is not permitted to leave at will by order of any judicial or administrative authority.

(i) “Diversion” refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.

(j) “Diversion Program” refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court proceedings.

(k) “Initial Contact With-the Child” refers to the apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private citizens. It includes the time when the child alleged
to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not
require preliminary investigation or where there is no necessity to place the child alleged to be in
conflict with the law under immediate custody.

(I) “Intervention” refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her psychological,
emotional and psycho-social well-being.

(m) “Juvenile Justice and Welfare System” refers to a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and
development.

(n) “Law Enforcement Officer” refers to the person in authority or his/her agent as defined in Article 152
of the Revised Penal Code, including a barangay tanod.

(0) “Offense” refers to any act or omission whether punishable under special laws or the Revised Penal
Code, as amended.

(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a parent or custodian who
shall be responsible for the appearance in court of the child in conflict with the law, when required.

(q) “Restorative Justice” refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for
the victim; reconciliation of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public safety by activating the
offender, the victim and the community in prevention strategies.

(r) “Status Offenses” refers to offenses which discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental
disobedience and the like.
(s) “Youth Detention Home” refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.

(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility managed by the Department
of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the
DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law.
Rehabilitation services are provided under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them into their families
and communities as socially functioning individuals. Physical mobility of residents of said centers may be
restricted pending court disposition of the charges against them.

(u) “Victimless Crimes” refers to offenses where there is no private offended party.

CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 5. Rights of the Child in Conflict with the Law. – Every child in conflict with the law shall have the
following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment
being a disposition of last resort, and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a
manner which takes into account the needs of a person of his/her age. In particular, a child deprived of
liberty shall be separated from adult offenders at all times. No child shall be detained together with
adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of
his/her own case in a separate holding area. A child in conflict with the law shall have the right to
maintain contact with his/her family through correspondence and visits, save in exceptional
circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge
the legality of the deprivation of his/her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child
witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best
interest, the rights of the victim and the needs of society are all taken into consideration by the court,
under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

The State further adopts the provisions of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice or “Beijing Rules”, United Nations Guidelines for the Prevention of
Juvenile Delinquency or the “Riyadh Guidelines”, and the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the time
of the commission of the offense shall be exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

SEC. 7. Determination ofAge. – The child in conflict with the law shall enjoy the presumption of
minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be
eighteen (18) years old or older. The age of a child may be determined from the child’s birth certificate,
baptismal certificate or any other pertinent documents. In the absence of these documents, age may be
based on information from the child himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall
be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in
any appropriate court may file a case in a summary proceeding for the determination of age before the
Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
pleadings of all interested parties.

If a case has been fiied against the child in conflict with the law and is pending in the appropriate court,
the person shall file a motion to determine the age of the child in the same court where the case is
pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts at determining the age of the child in conflict with the law.

TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 8. Juvenile Justice and Welfare Council (JJWC). – A Juvenile Justice and Welfare Council (JJWC) is
hereby created and attached to the Department of Justice and placed under its administrative
supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination among the
following agencies:

(a) Council for the Welfare of Children (CWC);

(b) Department of Education (DepEd);

(c) Department of the Interior and Local Government (DILG);

(d) Public Attorney’s Office (PAO);

(e) Bureau of Corrections (BUCOR);

(f) Parole and Probation Administration (PPA)

(g) National Bureau of Investigation (NBI);

(h) Philippine National Police (PNP);.

(i) Bureau of Jail Management and Penology (BJMP);

(i) Commission on Human Rights (CHR);

(k) Technical Education and Skills Development Authority (TESDA);

(l) National Youth Commission (NYC); and

(m) Other institutions focused on juvenile justice and intervention programs.

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be
designated by the concerned heads of the following departments or agencies:

(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);

(c) Council for the Welfare of Children (CWC)

(d) Department of Education (DepEd);

(e) Department of the Interior and Local Government (DILG)

(f) Commission on Human Rights (CHR);

(g) National Youth Commission (NYC); and

(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the other
to be designated by the Secretary of Social Welfare and Development.

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice
and the Secretary of Social Welfare and Development shall determine the organizational structure and
staffing pattern of the JJWC.

The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy
to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein
provided.

SEC. 9. Duties and Functions of the JJWC. – The JJWC shall have the following duties and functions:

(a) To oversee the implementation of this Act;

(b) To advise the President on all matters and policies relating to juvenile justice and welfare;

(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of this Act;

(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the
participation of government agencies concerned, NGOs and youth organizations;

(e) To coordinate the implementation of the juvenile intervention programs and activities by national
government agencies and other activities which may have an important bearing on the success of the
entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall
be adopted in consultation with the JJWC;

(f) To formulate and recommend policies and strategies in consultation with children for the prevention
of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation
of the children in conflict with the law;

(g) To collect relevant information and conduct continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare, such as but not limited to:

(1) the performance and results achieved by juvenile intervention programs and by activities of the local
government units and other government agencies;

(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice
and welfare system.

The JJWC shall set up a mechanism to ensure that children are involved in research and policy
development.

(h) Through duly designated persons and with the assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot
inspections on their own initiative in order to check compliance with the standards provided herein and
to make the necessary recommendations to appropriate agencies;

(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program;

(j) To submit an annual report to the President on the implementation of this Act; and

(k) To perform such other functions as may be necessary to implement the provisions of this Act.

SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. – All government agencies
enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the
effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These
policies and procedures shall be modified accordingly in consultation with the JJWC upon the
completion of the national juvenile intervention program as provided under Section 9 (d).

SEC. 11. Child Rights Center (CRC). – The existing Child Rights Center of the Commission on Human
Rights shall ensure that the status, rights and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of
government compliance of all treaty obligations, including the timely and regular submission of reports
before the treaty bodies, as well as the implementation and dissemination of recommendations and
conclusions by government agencies as well as NGOs and civil society.

TITLE III
PREVENTION OF JUVENILE DELINQUENCY

CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS

SEC. 12. The Family. – The family shall be responsible for the primary nurturing and rearing of children
which is critical in delinquency prevention. As far as practicable and in accordance with the procedures
of this Act, a child in conflict with the law shall be maintained in his/her family.

SEC. 13. The Educational System. – Educational institutions shall work together with families,
community organizations and agencies in the prevention of juvenile delinquency and in the
rehabilitation and reintegration of child in conflict with the law. Schools shall provide adequate,
necessary and individualized educational schemes for children manifesting difficult behavior and
children in conflict with the law. In cases where children in conflict with the law are taken into custody
or detained in rehabilitation centers, they should be provided the opportunity to continue learning
under an alternative learning system with basic literacy program or non- formal education accreditation
equivalency system.

SEC. 14. The Role of the Mass Media. – The mass media shall play an active role in the promotion of
child rights, and delinquency prevention by relaying consistent messages through a balanced approach.
Media practitioners shall, therefore, have the duty to maintain the highest critical and professional
standards in reporting and covering cases of children in conflict with the law. In all publicity concerning
children, the best interest of the child should be the primordial and paramount concern. Any undue,
inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby
declared a violation of the child’s rights.

SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. – Local
Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and
where they have already been established, they shall be strengthened within one (1) year from the
effectivity of this Act. Membership in the LCPC shall be chosen from among the responsible members of
the community, including a representative from the youth sector, as well as representatives from
government and private agencies concerned with the welfare of children.

The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for
the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper
implementation.

One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be
allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.

SEC. 16. Appointment of Local Social Welfare and Development Officer. – All LGUs shall appoint a duly
licensed social worker as its local social welfare and development officer tasked to assist children in
conflict with the law.

SEC. 17. The Sangguniang Kabataan. – The Sangguniang Kabataan (SK) shall coordinate with the LCPC in
the formulation and implementation of juvenile intervention and diversion programs in the community.

CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

SEC. 18. Development of a Comprehensive Juvenile Intervention Program. – A Comprehensive juvenile

intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to
the provincial level.

The LGUs shall set aside an amount necessary to implement their respective juvenile intervention
programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-
focused institutions, NGOs, people’s organizations, educational institutions and government agencies
involved in delinquency prevention to participate in the planning process and implementation of
juvenile intervention programs. Such programs shall be implemented consistent with the national
program formulated and designed by the JJWC. The implementation of the comprehensive juvenile
intervention program shall be reviewed and assessed annually by the LGUs in coordination with the
LCPC. Results of the assessment shall be submitted by the provincial and city governments to the JJWC
not later than March 30 of every year.

SEC. 19. Community-based Programs on Juvenile Justice and Welfare. – Community-based programs on

juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth
organizations and other concerned agencies. The LGUs shall provide community-based services which
respond to the special needs, problems, interests and concerns of children and which offer appropriate
counseling and guidance to them and their families. These programs shall consist of three levels:

(a) Primary intervention includes general measures to promote social justice and equal opportunity,
which tackle perceived root causes of offending;

(b) Secondary intervention includes measures to assist children at risk; and

(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system
and other measures to prevent re-offending.

TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the child
taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with
the child has the duty to immediately release the child to the custody of his/her parents or guardian, or
in the absence thereof, the child’s nearest relative. Said authority shall give notice to the local social
welfare and development officer who will determine the appropriate programs in consultation with the
child and to the person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any of the following: a
duly registered nongovernmental or religious organization; a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer;
or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local
Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for involuntary
commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise ,known as “The Child and Youth Welfare Code”.

TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD

SEC. 21. Procedure for Taking the Child into Custody. – From the moment a child is taken into custody,
the law enforcement officer shall:

(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is
being placed under custody and the offense that he/she allegedly committed;

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in
a language or dialect understood by him/her;

(e) Properly identify himself/herself and present proper identification to the child;

(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law;

(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other methods of control have been exhausted and have
failed;

(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for
his/her apprehension;

(g) Avoid violence or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of this Act;

(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to
the Social Welfare and Development Office or other accredited NGOs, and notify the child’s
apprehension. The social welfare and development officer shall explain to the child and the child’s
parents/guardians the consequences of the child’s act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

(j) Take the child immediately to the proper medical and health officer for a thorough physical and
mental examination. The examination results shall be kept confidential unless otherwise ordered by the
Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to
provide the same;

(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be
secured in quarters separate from that of the opposite sex and adult offenders;

(l) Record the following in the initial investigation:

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the
apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and
medical examination or the failure to submit a child to such examination; and

(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child’s
parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the
said statement.

A child in conflict with the law shall only be searched by a law enforcement officer of the same gender
and shall not be locked up in a detention cell.

SEC. 22. Duties During Initial Investigation. – The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be referred.

The taking of the statement of the child shall be conducted in the presence of the following: (1) child’s
counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2) the child’s
parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and
development officer. In the absence of the child’s parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.

After the initial investigation, the local social worker conducting the same may do either of the
following:

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15)
but below eighteen (18) years old, who acted without discernment; and

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.

CHAPTER 2
DIVERSION

SEC. 23. System of Diversion. – Children in conflict with the law shall undergo diversion programs
without undergoing court proceedings subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment,
the law enforcement officer or Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct mediation, family conferencing and
conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with
the best interest of the child with a view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall be present in these activities.

(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the
local social welfare and development officer shall meet with the child and his/her parents or guardians
for the development of the appropriate diversion and rehabilitation program, in coordination with the
BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court.

SEC. 24. Stages Where Diversion May be Conducted. – Diversion may be conducted at the Katarungang
Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels
and phases of the proceedings including judicial level.

SEC. 25. Conferencing, Mediation and Conciliation. – A child in conflict with law may undergo
conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said
system. A contract of diversion may be entered into during such conferencing, mediation or conciliation
proceedings.

SEC. 26. Contract of Diversion. – If during the conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a diversion program shall be developed when appropriate
and desirable as determined under Section 30. Such admission shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be
effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed
by the parties concerned and the appropriate authorities. The local social welfare and development
officer shall supervise the implementation of the diversion program. The diversion proceedings shall be
completed within forty-five (45) days. The period of prescription of the offense shall be suspended until
the completion of the diversion proceedings but not to exceed forty-five (45) days.

The child shall present himself/herself to the competent authorities that imposed the diversion program
at least once a month for reporting and evaluation of the effectiveness of the program.

Failure to comply with the terms and conditions of the contract of diversion, as certified by the local
social welfare and development officer, shall give the offended party the option to institute the
appropriate legal action.

The period of prescription of the offense shall be suspended during the effectivity of the diversion
program, but not exceeding a period of two (2) years.

SEC. 27. Duty of the Punong Barangay When There is No Diversion. – If the offense does not fall under
Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the
Punong Barangay handling the case shall, within three (3) days from determination of the absence of
jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the
records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as
the case may be. Upon the issuance of the corresponding document, certifying to the fact that no
agreement has been reached by the parties, the case shall be filed according to the regular process.

SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. – If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion,
the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the
case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or
preliminary investigation to determine whether or not the child should remain under custody and
correspondingly charged in court. The document transmitting said records shall display the word
“CHILD” in bold letters.

SEC. 29. Factors in Determining Diversion Program. – In determining whether diversion is appropriate

and desirable, the following factors shall be taken into consideration:

(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;

(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);

(d) The influence of the family and environment on the growth of the child;

(e) The reparation of injury to the victim;

(f) The weight of the evidence against the child;

(g) The safety of the community; and

(h) The best interest of the child.

SEC. 30. Formulation of the Diversion Program. – In formulating a diversion program, the individual
characteristics and the peculiar circumstances of the child in conflict with the law shall be used to
formulate an individualized treatment.

The following factors shall be considered in formulating a diversion program for the child:

(a) The child’s feelings of remorse for the offense he/she committed;

(b) The parents’ or legal guardians’ ability to guide and supervise the child;

(c) The victim’s view about the propriety of the measures to be imposed; and

(d) The availability of community-based programs for rehabilitation and reintegration of the child.

SEC. 31. Kinds of Diversion Programs. – The diversion program shall include adequate socio-cultural and
psychological responses and services for the child. At the different stages where diversion may be
resorted to, the following diversion programs may be agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology;

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child’s family;
(7)Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with situations which can lead to repetition of the
offense;

(8) Participation in available community-based programs, including community service; or

(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a)and (b) above;

(2) Written or oral reprimand or citation;

(3) Fine:

(4) Payment of the cost of the proceedings; or

(5) Institutional care and custody.

CHAPTER 3
PROSECUTION

SEC. 32. Duty of the Prosecutor’s Office. – There shall be a specially trained prosecutor to conduct
inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If
there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or
detention, it shall be the duty of the prosecutor to investigate the same.

SEC. 33. Preliminary Investigation and Filing of Information. – The prosecutor shall conduct a
preliminary investigation in the following instances: (a) when the child in conflict with the law does not
qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as
specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the
social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with
the law.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney’s Office of such service, as well as the personal information, and place of detention of the child
in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child shall be filed
before the Family Court within forty-five (45) days from the start of the preliminary investigation.

CHAPTER 4
COURT PROCEEDINGS

SEC. 34. Bail. – For purposes of recommending the amount of bail, the privileged mitigating
circumstance of minority shall be considered.

SEC. 35. Release on Recognizance. – Where a child is detained, the court shall order:

(a) the release of the minor on recognizance to his/her parents and other suitable person;

(b) the release of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

SEC. 36. Detention of the Child Pending Trial. – Children detained pending trial may be released on bail
or recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and whenever
possible, detention pending trial may be replaced by alternative measures, such as close supervision,
intensive care or placement with a family or in an educational setting or home. Institutionalization or
detention of the child pending trial shall be used only as a measure of last resort and for the shortest
possible period of time.

Whenever detention is necessary, a child will always be detained in youth detention homes established
by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where
the child resides.

In the absence of a youth detention home, the child in conflict with the law may be committed to the
care of the DSWD or a local rehabilitation center recognized by the government in the province, city or
municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for
the child’s appearance in court whenever required.

SEC. 37. Diversion Measures. – Where the maximum penalty imposed by law for the offense with which
the child in conflict with the law is charged is imprisonment of not more than twelve (12) years,
regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in
conflict with the law, the court shall determine whether or not diversion is appropriate.

SEC. 38. Automatic Suspension of Sentence. – Once the child who is under eighteen (18) years of age at
the time of the commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various chcumstances of the child, the court
shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles
in Conflict with the Law.

SEC. 39. Discharge of the Child in Conflict with the Law. – Upon the recommendation of the social
worker who has custody of the child, the court shall dismiss the case against the child whose sentence
has been suspended and against whom disposition measures have been issued, and shall order the final
discharge of the child if it finds that the objective of the disposition measures have been fulfilled.

The discharge of the child in conflict with the law shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced in accordance with law.

SEC. 40. Return of the Child in Conflict with the Law to Court. – If the court finds that the objective of
the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the
child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the law shall be brought before the court for execution
of judgment.

If said child in conflict with the law has reached eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance with this Act, to order
execution of sentence, or to extend the suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21) years.

SEC. 41. Credit in Service of Sentence. – The child in conflict with the law shall be credited in the services
of his/her sentence with the full time spent in actual commitment and detention under this Act.

SEC. 42. Probation as an Alternative to Imprisonment. – The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon application at any time, place the child on probation
in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose,
Section 4 of Presidential Decree No. 968, otherwise known as the “Probation Law of 1976”, is hereby
amended accordingly.

CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

SEC. 43. Confedentiality of Records and Proceedings. – All records and proceedings involving children in
conflict with the law from initial contact until final disposition of the case shall be considered privileged
and confidential. The public shall be excluded during the proceedings and the records shall not be
disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for
any purpose whatsoever, except to determine if the child in conflict with the law may have his/hes
sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the
civil liability imposed in the criminal action.

The component authorities shall undertake all measures to protect this confidentiality of proceedings,
including non-disclosure of records to the media, maintaining a separate police blotter for cases
involving children in conflict with the law and adopting a system of coding to conceal material
information which will lead to the child’s identity. Records of a child in conflict with the law shall not be
used in subsequent proceedings for cases involving the same offender as an adult, except when
beneficial for the offender and upon his/her written consent.

A person who has been in conflict with the law as a child shall not be held under any provision of law, to
be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge
the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose.

TITLE VI
REHABILITATION AND REINTEGRATION

SEC. 44. Objective of Rehabilitation and Reintegration. – The objective of rehabilitation and

reintegration of children in conflict with the law is to provide them with interventions, approaches and
strategies that will enable them to improve their social functioning with the end goal of reintegration to
their families and as productive members of their communities.

SEC. 45. Court Order Required. – No child shall be received in any rehabilitation or training facility
without a valid order issued by the court after a hearing for the purpose. The details of this order shall
be immediately entered in a register exclusively for children in conflict with the law. No child shall be
admitted in any facility where there is no such register.

SEC. 46, Separate Facilities from Adults. – In all rehabilitation or training facilities, it shall be mandatory
that children shall be separated from adults unless they are members of the same family. Under no
other circumstance shall a child in conflict with the law be placed in the same confinement as adults.

The rehabilitation, training or confinement area of children in conflict with the law shall provide a home
environment where children in conflict with the law can be provided with quality counseling and
treatment.

SEC. 47. Female Children. – Female children in conflict with the law placed in an institution shall be
given special attention as to their personal needs and problems. They shall be handled by female
doctors, correction officers and social workers, and shall be accommodated separately from male
children in conflict with the law.

SEC. 48. Gender-Sensitivity Training. – No personnel of rehabilitation and training facilities shall handle
children in conflict with the law without having undergone gender sensitivity training.

SEC. 49. Establishment of Youth Detention Homes. – The LGUs shall set aside an amount to build youth
detention homes as mandated by the Family Courts Act. Youth detention homes may also be established
by private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.

SEC. 50. Care and Maintenance of the Child in Conflict with the Law. – The expenses for the care and
maintenance of a child in conflict with the law under institutional care shall be borne by his/her parents
or those persons liable to support him/her: Provided, That in case his/her parents or those persons liable
to support him/her cannot pay all or part of said expenses, the municipality where the offense was
committed shall pay one-third (1/3) of said expenses or part thereof; the province to which the
municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the
national government. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a
chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the
unpaid portion shall be withheld and applied to the settlement of said obligations: Provided, further,
That in the event that the child in conflict with the law is not a resident of the municipality/city where
the offense was committed, the court, upon its determination, may require the city/municipality where
the child in conflict with the law resides to shoulder the cost.

All city and provincial governments must exert effort for the immediate establishment of local detention
homes for children in conflict with the law.

SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. – A
child

in conflict with the law may, after conviction and upon order of the court, be made to serve his/her
sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training
facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination
with the DSWD.

SEC. 52. Rehabilitation of Children in Conflict with the Law. – Children in conflict with the law, whose
sentences are suspended may, upon order of the court, undergo any or a combination of disposition
measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court
Rule on Juveniles in Conflict with the Law.

If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be
released to parents, guardians, relatives or any other responsible person in the community. Under the
supervision and guidance of the local social welfare and development officer, and in coordination with
his/her parents/guardian, the child in conflict with the law shall participate in community-based
programs, which shall include, but not limited to:

(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;

(3) Community volunteer projects;

(4) Leadership training;

(5) Social services;

(6) Homelife services;

(7) Health services; .

(8) Spiritual enrichment; and

(9) Community and family welfare services.

In accordance therewith, the family of the child in conflict with the law shall endeavor to actively
participate in the community-based rehabilitation.

Based on the progress of the youth in the community, a final report will be forwarded by the local social
welfare and development officer to the court for final disposition of the case.

If the community-based programs are provided as diversion measures under Chapter II, Title V, the
programs enumerated above shall be made available to the child in conflict with the law.

SEC. 53. Youth Rehabilitation Center. – The youth rehabilitation center shall provide 24-hour group
care, treatment and rehabilitation services under the guidance of a trained staff where residents are
cared for under a structured therapeutic environment with the end view of reintegrating them in their
families and communities as socially functioning individuals. A quarterly report shall be submitted by the
center to the proper court on the progress of the children in conflict with the law. Based on the progress
of the youth in the center, a final report will be forwarded to the court for final disposition of the case.
The DSWD shall establish youth rehabilitation centers in each region of the country.

SEC. 54. Objectives of Community Based Programs. – The objectives of community-based programs are
as follows:

(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case
he/she is studying, working or attending vocational learning institutions;

(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain
the support system fostered by their relationship and to create greater awareness of their mutual and
reciprocal responsibilities;

(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage
community support and involvement; and

(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.

SEC. 55. Criteria of Community-Based Programs. – Every LGU shall establish community-based

programs that will focus on the rehabilitation and reintegration of the child. All programs shall meet the
criteria to be established by the JJWC which shall take into account the purpose of the program, the
need for the consent of the child and his/her parents or legal guardians, and the participation of the
child-centered agencies whether public or private.

SEC. 56. After-Care Support Services for Children in Conflict with the Law. – Children in conflict with the
law whose cases have been dismissed by the proper court because of good behavior as per
recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center
shall be provided after-care services by the local social welfare and development officer for a period of
at least six (6) months. The service includes counseling and other community-based services designed to
facilitate social reintegration, prevent re-offending and make the children productive members of the
community.
TITLE VII
GENERAL PROVISIONS

CHAPTER 1
EXEMPTING PROVISIONS

SEC. 57. Status Offenees. – Any conduct not considered an offense or not penalized if committed by an
adult shall not be considered an offense and shall not be punished if committed by a child.

SEC. 58. Offenses Not Applicable to Children. – Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised
Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential
Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights
of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program.

SEC. 59. Exemption from the Application of Death Penalty. – The provisions of the Revised Penal Code,
as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of
2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in
conflict with the law.

CHAPTER 2
PROHIBITED ACTS

SEC. 60. Prohibition Against Labeling and Shaming. – In the conduct of the proceedings beginning from
the initial contact with the child, the competent authorities must refrain from branding or labeling
children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any
other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly
with respect to the child’s class or ethnic origin.

SEC. 61. Other Prohibited Acts. – The following and any other similar acts shall be considered prejudicial
and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-
being of the child in conflict with the law and therefore, prohibited:

(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
solitary confinement;

(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or
forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade
his/her personality and dignity; and

(d) Compelling the child to perform involuntary servitude in any and all forms under any and all
instances.
CHAPTER 3
PENAL PROVISION

SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. – Any person who
violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon
conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos
(P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less
than eight (8) years but not more than ten (10) years, or both such fine and imprisonment at the
discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or special laws.
If the offender is a public officer or employee, he/she shall, in addition to such fine and/or
imprisonment, be held administratively liable and shall suffer the penalty of perpetual absolute
disqualification.

CHAPTER 4
APPROPRIATION PROVISION

SEC. 63. Appropriations. – The amount necessary to carry out the initial implementation of this Act shall
be charged to the Office of the President. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations Act.

An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be
taken from the proceeds of the Philippine Charity Sweepstakes Office.

TITLE VIII
TRANSITORY PROVISIONS

SEC. 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.

SEC. 65. Children Detained Pending Dial. – If the child is detained pending trial, the Family Court shall
also determine whether or not continued detention is necessary and, if not, determine appropriate
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.

SEC. 66. Inventory of “Locked-up” and Detained Children in Conflict with the Law. – The PNP, the BJMP
and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of
this Act, an inventory of all children in conflict with the law under their custody.
 SEC. 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 the law has already availed of
probation under Presidential Decree No. 603 or other similar laws, the child may apply for probation if
qualified under the provisions of the Probation Law.

SEC. 68. Children Who Have Been Convicted and are Serving Sentence. – Persons who have been
convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age
of eighteen (18) years at the time the commission of the offense for which they were convicted and are
serving sentence, shall likewise benefit from the retroactive application of this Act. They shall be entitled
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

SEC. 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.

SEC. 70. Separability Clause. – If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by
such declaration shall remain in force and effect.

SEC. 71. Repealing Clause. – All existing laws, orders, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 72. Effectivity. – This Act shall take effect after fifteen (15) days from its publication in at least two
(2) national newspapers of general circulation.

Approved,

LIN DRILON (Sgd.) JOSE DE VENECIA JR.

the Senate Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 1402 and House Bill No. 5065 was finally passed by
the Senate and the House of Representatives on March 22, 2006.

G. YABES (Sgd.) ROBERTO P. NAZARENO

Senate Secretary General
House of Represenatives

Approved: April 28, 2006

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

References:

https://www.officialgazette.gov.ph/2006/04/28/republic-act-no-9344-s-2006/

RA 9442 – An Act Amending Republic Act No. 7277, Otherwise Known As The “Magna Carta For
Disabled Persons, And For Other Purposes”

Republic of the Philippines

Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand and six.

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR
DISABLED PERSONS, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. a new chapter, to be denominated as “Chapter 8. Other privileges and Incentives” is hereby
added to Title Two of Republic Act No. 7277, otherwise known as the “Magna Carta for Disabled
Persons”, with new Sections 32 and 33, to read as follows:

“CHAPTER 8. Other Privileges and Incentives

“SEC. 32. Persons with disability shall be entitled to the following:

(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all
services in hotels and similar lodging establishments; restaurants and recreation centers for the
exclusive use or enjoyment of persons with disability;

(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses,
concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the
exclusive use of enjoyment of persons with disability;

(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the
exclusive use or enjoyment of persons with disability;

(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and
laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all
government facilities, subject to guidelines to be issued by the Department of Health (DOH), in
coordination with the Philippine Health Insurance Corporation (PHILHEALTH);

(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and
laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities,
in accordance with the rules and regulations to be issued by the DOH, in coordination with the
PHILHEALTH;
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or
enjoyment of persons with disability;

(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use
and enjoyment of person with disability;

(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary,
post tertiary, as well as vocational or technical education, in both public and private schools, through the
provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with
disability, including support for books, learning material, and uniform allowance to the extent feasible:
Provided, That persons with disability shall meet minimum admission requirements;

(i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by
the Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the case
may be, as are enjoyed by those in actual service;

(j) To the extent possible, the government may grant special discounts in special programs for persons
with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by
the Department of Trade and Industry (DTI) and the Department of Agricultural (DA); and

(k) Provision of express lanes for persons with disability in all commercial and government
establishments; in the absence thereof, priority shall be given to them.

The abovementioned privileges are available only to persons with disability who are Filipino citizens
upon submission of any of the following as proof of his/her entitlement thereto:

(I) An identification card issued by the city or municipal mayor or the barangay captain of the place
where the persons with disability resides;

(II) The passport of the persons with disability concerned; or

(III) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare
of Disabled Persons (NCWDP).

The privileges may not be claimed if the persons with disability claims a higher discount sa may be
granted by the commercial establishment and/or under other existing laws or in combination with other
discount programs/s.

The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as tax
deductions based on the net cost of the goods sold or services rendered: Provided, further, That the
total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their
gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions
of the National Internal Revenue Code (NIRC), as amended.”

“SEC. 33. Incentives. – Those caring for and living with a person with disability shall be granted the
following incentives:

(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National
Internal Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded
the privileges granted by the code insofar as having dependents under the same section are concerned;
and

(b) Individuals or nongovernmental institutions establishing homes, residential communities or

retirement villages solely to suit the needs and requirements of persons with disability shall be accorded
the following:

(i) Realty tax holiday for the first five years of operation; and

(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid
home, residential community or retirement village.”

SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section
38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows:

“Title Four
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with Disability

“CHAPTER 1. Deliverance from Public Ridicule

“SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined as an act of
making fun or contemptuous imitating or making mockery of persons with disability whether in writing,
or in words, or in action due to their impairment/s.

“SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons
with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.

“CHAPTER 2. Deliverance from Vilification

“SEC 41. Vilification. – For purposes of this Chapter, vilification shall be defined as:

(a) The utterance of slanderous and abusive statements against a person with disability; and/or

(b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons
with disability.”

“SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with
disability which could result into loss of self-esteem of the latter.”

SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:

“SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall suffer the following
penalties:

(1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding
One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more
than two years, or both at the discretion of the court; and

(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but
not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years
but not more than six years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not
less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty
thousand pesos (P50,000.00), or both, at the discretion of the court.

(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved
shall be liable therefore.

(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence
without further deportation proceedings.

Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may
also cause the cancellation or revocation of the business permit, permit to operate, franchise and other
similar privileges granted to any business entity that fails to abide by the provisions of this Act.”

SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the “Magna Carta for Persons
with Disability”, and all references on the said law to “Disabled persons” shall likewise be amended to
read as “persons with disability”.

SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of
Disabled Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and
House committees and other agencies, organizations, establishments shall formulate implementing
rules and regulations pertinent to the provision of this Act within six months after the effectivity of this
Act.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general
circulation.

Approved,

(Sgd.) JOSE DE VENECIA JR.

(Sgd.) MANNY VILLAR

Speakier of the House of Representatives

President of the Senate

This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by
the Senate and the House of Representatives on February 8, 2007 and February 7, 2008 respectively.

(Sgd.) ROBERTO P. NAZARENO

(Sgd.) OSCAR G. YABES

Secretary General House of Representatives

Secretary of the Senate

Approved: 30 APRIL 2007

(Sgd.) GLORIA MACAPAGAL – ARROYO

President of the Philippines
REPUBLIC ACT NO. 10354

AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE PARENTHOOD AND REPRODUCTIVE

HEALTH

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. – This Act shall be known as "The 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:

(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

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;

(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

(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 modem 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.

(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 guideline’s 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;

(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.

(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.

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.

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 informal and nonformal educational system 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
healthcare 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:

(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 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 tins 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; 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 faculties 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.

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.

Section 30. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 2865 and House Bill No. 4244 was finally passed by
the Senate and the House of Representatives on December 19, 2012.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of Senate Secretary General
House of Representatives

Approved: DEC 21 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines