ACT NO.
3326 Acting on the report of the Committee on Revision of the Rules of Court submitting for this Court's
ACT NO. 3326 - AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION FOR VIOLATIONS PENALIZED
BY SPECIAL ACTS AND MUNICIPAL ORDINANCES AND TO PROVIDE WHEN PRESCRIPTION SHALL
BEGIN TO RUN
Section 1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe in
accordance with the following rules: (a) after a year for offenses punished only by a fine or by
imprisonment for not more than one month, or both; (b) after four years for those punished by
imprisonment for more than one month, but less than two years; (c) after eight years for those punished
by imprisonment for two years or more, but less than six years; and (d) after twelve years for any other
offense punished by imprisonment for six years or more, except the crime of treason, which shall
prescribe after twenty years. Violations penalized by municipal ordinances shall prescribe after two
months.
Sec. 2. Prescription shall begin to run from the day of the commission of the violation of the law, and if the
same be not known at the time, from the discovery thereof and the institution of judicial proceeding for its
investigation and punishment.
The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall
begin to run again if the proceedings are dismissed for reasons not constituting jeopardy.
Sec. 3. For the purposes of this Act, special acts shall be acts defining and penalizing violations of the law
not included in the Penal Code.
Sec. 4. This Act shall take effect on its approval.
Republic Act No. 9262 March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES
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.
A.M. No. 04-10-11-SC October 19, 2004
RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
RESOLUTION
consideration and approval the Proposed Rule on Violence Against Women and Their Children, the Court
Resolved to APPROVE the same.
The Rule shall take effect on November 15, 2004 following its publication in a newspaper of general circulation
not later than October 30, 2004.
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-
Martinez, Corona, Morales, Callejo, Sr., Tinga, Chico-Nazario, and Garcia, JJ., concur.
Azcuna, J., on leave.
RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
SECTION 1. Applicability. - This Rule shall apply to petitions for protection orders in cases of violence
against women and their children under R.A. No. 9262, otherwise known as the "Anti-Violence Against
Women and Their Children Act of 2004."
The Rules of Court shall apply suppletorily.
SEC. 2. Construction. - This Rule shall be liberally construed to promote its objectives pursuant to the
principles of restorative justice.
SEC. 3. Objectives. - The objectives of this Rule are:
(a) To protect the rights of the family and its members particularly women and children from
violence and threats to their personal safety and security;
(b) To enable the courts to manage and monitor cases involving violence against women and
children and the members of their family or household;
(c) To prevent any disruption in the daily lives of the offended parties and assist them to regain
control of their lives;
(d) To ensure that treatment is provided for the offended parties and offenders; and
(e) To hold the offenders accountable for their acts.
SEC. 4. Definitions. - As used in this Rule:
(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 a woman with whom the person has
or had a dating or sexual 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.
(b) "Children" refers to persons below eighteen years of age or older but are unable to fully take
care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition. It includes the biological children of the offended party
and other children under her care.
(c) "Members of the family" shall include husband and wife, parents and children, the ascendants
or descendants, brothers and sisters, whether of the full or half blood, whether living together or
not.
(d) "Members of the household" shall include:
(1) Spouses, common-law spouses, former spouses, whether living together or not,
and their children;
(2) Relatives by consanguinity or affinity up to the sixth civil degree, including
stepparents and stepchildren living together in the same house; and
(3) Domestic helpers in the service of the employer, whose services are usually
necessary or desirable for the maintenance and enjoyment of the home, who attend to
the personal comfort and convenience of the members of the household.
(e) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting in
physical and psychological or emotional distress.
(f) "Sexual violence" refers to an act which is sexual in nature committed against a woman or her
child. It includes the following:
(1) 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 the offended party to watch obscene
publications and indecent shows or to do indecent acts or make films thereof, forcing
the wife and mistress or lover to live in the conjugal home or sleep together in the
same room with the abuser;
(2) acts causing or attempting to cause the offended party to engage in any sexual
activity by force, threat of force, physical or other harm or threat of physical or other
harm or coercion; and
(3) prostitution of the woman or her child.
(g) "Psychological violence" refers to acts or omissions causing or likely to cause mental or
emotional suffering of the offended party such as intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes
causing or allowing the offended party to witness the physical, sexual or psychological abuse; of a
member of the family to which the offended party 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 or
visitation of common children.
(h) "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes the following:
(1) withdrawing of financial support or preventing the offended party from engaging in
any legitimate profession, occupation, business or activity, except in cases where the
other spouse or partner objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;
(2) depriving or threatening to deprive financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
(3) destroying household property; and
(4) controlling the offended party's own money or property or solely controlling the
conjugal money or property.
(i) "Stalking" refers to an intentional act of knowingly and without lawful justification, following the
woman or her child or placing the woman or her child under surveillance directly or indirectly or
through a combination thereof.
(j) "Sexual relationship" refers to a single sexual act which may or may not result in the bearing of
a common child;
(k) "Program of intervention for offended parties" refers to a specialized program that provides
advocacy, shelter, crisis intervention, social services, treatment, counseling, education, or training.
(I) "Program of intervention for offenders" refers to court-ordered treatment of offenders given by
agencies or persons who have demonstrated expertise and experience in anger control,
management of alcohol, substance abuse; and other forms of intervention to stop violence,
(m) "Safe Place or Shelter" refers to any home or institution managed by the Department of Social
Welfare and Development (DSWD) or by any agency or voluntary organization accredited by the
DSWD or any other suitable place the resident of which is willing to receive the offended party
temporarily.
(n) "Safety plan" refers to a written plan of action prepared by a social worker and approved by the
court to secure the protection of the offended party.
(o) "Protection order" is an order issued by the court to prevent further acts of violence against
women and their children, their family or household members, and to grant other necessary relief.
Its purpose is to safeguard the offended parties from further harm, minimize any disruption in their
daily life and facilitate the opportunity and ability to regain control of their life.
(p) "Barangay protection order" (BPO) refers to the protection order issued by the Punong
Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from
committing acts of violence against the family or household members particularly women and their
children under Sections 5a and 5b of R.A. No. 9262.
(q) "Temporary protection order" (TPO) refers to the protection order issued by the court on the
filing of the application and after ex parte determination of its need. It may also be issued in the
course of a hearing, motu proprio or upon motion.
(r) "Permanent protection order" (PPO) refers to the protection order issued by the court after
notice and hearing.
(s) "Live-link television testimony" refers to the testimony of a child, who is an eyewitness or
offended party in violence against women and their children, taken in a room outside the courtroom
and televised to the courtroom by live-link television, as provided for in Section 25 of the Rule on
Examination of a Child Witness. It may also refer to the live-link testimony of an adult female victim
of violence, which may be allowed at the discretion of the court.
SEC. 5. Acts of violence against women and their children under R.A. No. 9262. - Violence against
women and their children is committed through any of the following acts:
(a) Causing, threatening or attempting to cause physical harm to the woman or her child;
(b) Placing the woman or her child in fear of imminent physical harm;
 (c) Attempting to compel or compelling the woman or her child to engage in conduct which the (a) Criminal action;
woman or her child has the right to desist from or to desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict .or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of (b) Criminal action with reservation of a separate civil action; or
physical on other harm, or intimidation directed against the woman or her child.
(c) Civil action for damages.
This shall include, but is not limited to, the following acts committed with the purpose or effect of
controlling or restricting the movement or conduct of the woman or her child:
Part I

(1) Threatening to deprive or actually depriving the woman or her child of custody or
PETITION FOR PROTECTION ORDER
access to her/his family;

SEC. 7. Form of petition. - A petition for protection order shall be in writing, signed and verified by the
(2) Depriving or threatening to deprive the woman or her children of financial support
petitioner. It shall be accompanied by a certificate of non-forum shopping which the petitioner must sign
legally due her or her family, or deliberately providing the woman's children insufficient
personally.
financial support;

SEC. 8. Who may file petition. - A petition for protection order may be filed by any of the following:
(3) Depriving or threatening to deprive the woman or her child of a legal right; and

(a) The offended party;

(4) Preventing the woman from engaging in any legitimate profession, occupation,
business or activity except in cases where the spouse or partner on valid, serious and
moral grounds, or controlling the victim's own money or property, or solely controlling (b) Parents or guardians of the offended party;
the conjugal or common money or property;

(c) Ascendants, descendants or collateral relatives of the offended party within the fourth civil
(d) Inflicting or threatening to inflict physical ham on oneself for the purpose of controlling her degree of consanguinity or affinity;
actions or decisions;

(e) 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;
(d) Officers or social workers of the Department of Social Welfare and Development (DSWD) or
social workers of local government units (LGUs);
(e) Police officers, preferably those in charge of women and children's desks;

(f) 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. (f) Punong Barangay or Barangay Kagawad;

This shall include, but is not limited to, the following acts: (g) Lawyer, counselor, therapist or healthcare provider of the petitioner; or

(1) Stalking or following the woman or her child in public or private places; (h) At least two concerned, responsible citizens of the place where the violence against women
and their children occurred and who have personal knowledge of the offense committed.

(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;
The filing of a petition for protection order by the offended party suspends the right of all other authorized
parties to file similar petitions. A petition filed by the offended party after the filing of a similar petition by an
authorized party shall not be dismissed but shall be consolidated with the petition filed earlier.

(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or child; and
(5) Engaging in any form of harassment or violence; or
(g) 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 a minor child or denial of access to the woman's child.
SEC. 9. Where to file the petition. - The verified petition for protection order may be filed with the Family
Court of the place where the offended party resides. If there is no existing Family Court, it may be filed with the
regional trial court, metropolitan trial court, municipal trial court in cities, municipal trial court or municipal
circuit trial court with territorial jurisdiction over the place of residence of the offended party.
SEC. 10. Contents of the petition. - The petition filed by the offended party shall contain the following:
(a) The name, age and residence of the offended party;'

(b) The name, age and residence of the respondent;

SEC. 6. Remedies of offended party. - The offended party may file a separate petition for protection order
without claiming damages. The offended party may also pursue other remedies in accordance with Part II of
this Rule by the filing of any of the following: (c) A description of the relationship between the offended party and the respondent;
 (d) A complete description of the alleged act constituting violence including the date, time and
place of occurrence;
(e) A request for counsel and the reasons for such;
(f) A request for waiver of application fees;
(g) The relief from violence prayed for, including protection orders to cover any designated family
or household member who consents to such relief.
If the petitioner is not the offended party, the petition shall be accompanied by an affidavit of the petitioner
attesting to the following:
(a) facts showing the authority of the petitioner to file the petition;
(b) circumstances of the abuse suffered by the offended party; and
(c) circumstances of consent given by or refusal to consent of the offended party to file the petition.
When disclosure of the address will pose danger to the life of the offended party, it shall be so stated in the
petition. In such a case, the petitioner shall attest that the offended party is; residing in the municipality or city
over which the court has territorial jurisdiction, and shall provide a mailing address for purposes of service
processing.
SEC. 11. Reliefs available to the offended party. - The protection order shall include any, some or all of the
following reliefs:
(a) Prohibiting the respondent from threatening to commit or committing, personally or through
another, acts of violence against the offended party;
(b) Prohibiting the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating in any form with the offended party, either directly or indirectly;
(c) Removing and excluding the respondent from the residence of the offended party, regardless of
ownership of the residence, either temporally for the purpose of protecting the offended party, or
permanently where no property rights are violated. If the respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent to
the residence, remain there until the respondent has gathered his things and escort him from the
residence;
(d) Requiring the respondent to stay away from the offended party and any designated family or
household member at a distance specified by the court;
(e) Requiring the respondent to stay away from the residence, school, place of employment or any
specified place frequented regularly by the offended party and any designated family or household
member;
(f) Directing lawful possession and use by the offended party of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement officer to
accompany the offended party to the residence of the parties to ensure that the offended party is
safely restored to the possession of the automobile and other essential personal effects;
(g) Ordering temporary or permanent custody of the child/children with the offended party, taking
into consideration the best interests of the child. An offended party 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 batterer of a woman who is suffering from Battered
Woman Syndrome;
(h) Directing the respondent to provide support 'o the woman and/or her child, if entitled to legal
import. 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 his employer and to
automatically remit it directly to the offended party. Failure to withhold, remit or any delay in the
remittance of support to the offended party without justifiable cause shall render the respondent or
his employer liable for indirect contempt of court;
(i) Prohibiting the respondent from carrying or possessing any firearm or deadly weapon and
ordering him to surrender the same to the court for appropriate disposition, including revocation of
license and disqualification to apply for any license to carry or possess a firearm. If the respondent
is .a law enforcement agent, the court shall order him to surrender his firearm and shall direct the
appropriate authority to investigate him and take appropriate action thereon;
(j) Directing the DSWD or any appropriate agency to prepare a program of intervention for the
offended party that provides advocacy, temporary shelter, crisis intervention, treatment, therapy,
counseling, education, training and other social services that the offended party may need;
(k) Requiring the respondent to receive professional counseling from agencies or persons who
have demonstrated expertise and experience in anger control, management of alcohol, substance
abuse and other forms of intervention to stop violence. The program of intervention for offenders
must be approved by the court. The agency or person is required to provide the court with regular
reports of the progress and result of professional counseling, for which the respondent may be
ordered to pay; and
(I) Awarding the offended party actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expanses, childcare expenses and loss of income; and
compensatory, moral, and exemplary damages, subject to Sections 26a and 35 of this Rule.
The court may grant such other forms of relief to protect the offended party and any designated family or
household member who consents to such relief.
SEC. 12. Duties of the clerk of court. - The clerk of court shall assist the petitioner or the offended party by:
(a) Communicating in a language understood by the petitioner;
(b) Providing the petitioner with a standard petition form written in English with translation into the
major local dialects, including the instructions for its accomplishment;
(c) Ensuring the privacy of the offended party to the extent practicable while the form is being
accomplished;
(d) Advising the petitioner on the availability of legal assistance from the Public Attorney's Office of
the Department of Justice or any public legal assistance office;
(e) Advising the petitioner on entitlement of support services from the DSWD and LGUs;
(f) Advising the petitioner on the availability of an affidavit of indigency in lieu of payment of the
filing fee;
(g) Providing the offended party with a certified copy of the protection order as well as giving the
necessary information regarding the process for its service and enforcement;
 (h) Making available informative materials on violence against women and their children, including
their rights as victims; and
(i) Informing the offended party that compensation is available from the Department of Justice
Board of Claims in accordance with the provisions of R.A. No. 7309 (1992), otherwise known as
"An Act Creating a Board of Claims Under the Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of Violent Crime and For Other Purposes."
SEC. 13. Exemption from payment of docket fee and other expenses. - If the offended party is an indigent
or there is an immediate necessity due to imminent danger or threat of danger to act on a petition for a
protection order, the court shall accept the petition without payment of the filing fee and other fees and of
transcripts of stenographic notes.
SEC. 14. Raffle in multi-sala courts. - The petition filed in a multi-sala court shall be raffled without delay.
If an action contains an application for a protection order, it shall be the subject of a special raffle.
SEC. 15. Ex parte issuance of temporary protection order. - (a) If the court is satisfied from the verified
allegations of the petition that there is reasonable ground to believe that an imminent danger of violence
against women and their children exists or is about to recur, the court may issue ex parte a temporary
protection order which shall be effective for thirty days from service on the party or person sought to be
enjoined.
(b) The temporary protection order shall include notice of the date of the preliminary conference and hearing
on the merits. The following statements must be printed in bold-faced type or in capital letters on the protection
order issued by the court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
"IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON THE DATE OF THE PRELIMINARY
CONFERENCE AND HEARING ON THE MERITS ON THE ISSUANCE OF .A PERMANENT PROTECTION
ORDER, THE COURT SHALL NOT RESCHEDULE OR POSTPONE THE PRELIMINARY CONFERENCE
AND HEARING BUT SHALL APPOINT A LAWYER FOR THE RESPONDENT AND IMMEDIATELY
PROCEED WITH SAID HEARING.
"IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF THE PRELIMINARY CONFERENCE AND
HEARING ON THE MERITS DESPITE PROPER NOTICE, THE COURT SHALL ALLOW EX PARTE
PRESENTATION OF EVIDENCE BY THE PETITIONER AND RENDER JUDGMENT ON THE BASIS OF
THE PLEADINGS AND EVIDENCE ON RECORD. NO DELEGATION OF THE RECEPTION OF EVIDENCE
SHALL BE ALLOWED."
(c) The court shall likewise order the immediate issuance of a notice requiring the respondent to file an
opposition within five days from service. It shall further order service of (1) the notices to file opposition and of
dates of the preliminary conference and hearing, (2) the protection order, and (3) copy of the petition, upon the
respondent by the court sheriff, or any person authorized by the court, who may obtain the assistance of law
enforcement officers.
SEC. 16. Notice where no temporary protection order is issued ex parte. - Where no temporary protection
order is issued ex parte, the clerk of court shall forthwith issue the corresponding notice to the respondent
requiring him to file an opposition within five days. The date of the preliminary conference and hearing on the
merits shall be indicated on the notice.
Where the notice could not be served personally or by substituted service despite diligent efforts, Rule 14 of
the Rules of Court shall apply as far as practicable.
SEC. 17. Enforceability of protection order. - The protection order issued by the court shall be enforceable
anywhere in the Philippines. Violation of the protection order shall be punishable by a fine ranging from Five
Thousand (P5.000.00) Pesos to Fifty Thousand (P50,000.00) Pesos or imprisonment of six months or both.
SEC. 18. Duties of the law enforcement officer. - Upon the receipt of the protection order, the law
enforcement officer shall use all reasonable means to enforce the order and prevent further violence, such as
by:
(a) Taking any action necessary to provide for the safety of the offended party;
(b) Taking custody of the weapon used in the violence against women and their children;
(c) Transporting or obtaining transportation for the offended party to a safe place;
(d) Assisting the offended party in obtaining medical treatment, including transportation to a
medical clinic or hospital; and
(e) Assisting the offended party in removing essential personal effects from the residence.
The law enforcement officer shall submit a written report to the court within twenty-four hours from receipt
setting forth compliance with such order.
SEC. 19. Duties of social worker. - The social worker assigned by the court shall assist the petitioner
seeking a protection order by:
(a) Preparing a case study and a program of intervention for the offended party, including her
children, and referring them to DSWD havens, crisis intervention centers and private entities
rendering appropriate social services;
(b) Formulating a safety plan which shall be approved by the court; and
(c) Monitoring the measures indicated in the protection order.
SEC. 20. Opposition to petition. - (a) The respondent may file an opposition to the petition which he himself
shall verify. It must be accompanied by the affidavits of witnesses and shall show cause why a temporary or
permanent protection order should not be issued.
(b) Respondent shall not include in the opposition any counterclaim, cross-claim or third-party complaint, but
any cause of action which could be the subject thereof may be litigated in a separate civil action.
SEC. 21. Effect of failure to file an opposition. - If the respondent fails to file an opposition to the petition
within the period above provided, the court, motu proprio or on motion of the petitioner, shall issue the
corresponding order as may be warranted by the facts alleged in the petition.
SEC. 22. Prohibited pleadings and motions. - The following pleadings, motions or petitions shall not be
allowed:
(a) Motion to dismiss the petition except on the ground of lack of jurisdiction over the subject
matter or over the parties;
(b) Motion for extension of time to file opposition, affidavit, position paper and other pleadings;
(c) Dilatory motion for postponement;
 (d) Motion for a bill of particulars; (3) Any ground for declaration of nullity or annulment of a marriage or of legal
separation;

(e) Third-party complaint;

(4) Future support;
(f) Reply;
(5) The jurisdiction of courts; and
(g) Motion to declare the respondent in default;
(6) Future legitime.

(h) Intervention;
(e) Effect of failure to appear.—

(i) Memorandum;
(1) If the petitioner fails to appear personally, the petition shall be dismissed unless the
counsel or a duly authorized representative of the petitioner appears in court and gives
(j) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the a justifiable reason for the non-appearance of the petitioner; however, if the petition is
court; filed by a person other than the offended party, it shall not be dismissed if the offended
party is present and does not agree to its dismissal.
(k) Motion for new trial, or for reconsideration of a protection order, or for reopening of trial; and
(2) If the respondent appears without counsel, the court shall not reschedule or
postpone the conference but shall appoint a lawyer for the respondent and immediately
(I) Petition for relief from judgment.
proceed therewith; and

SEC. 23. Preliminary conference. -

(3) If the respondent has filed his opposition but fails to appear despite proper notice;
the petitioner shall be allowed to present evidence ex parte. The court shall then render
(a) When conducted. - A preliminary conference, which is mandatory, shall be held on the date judgment on the basis of the pleadings and evidence on record.
indicated in the notice.
SEC. 24. Protection order issued after preliminary conference. - Within five days after the termination of
(b) Notice.—The notice shall be served the parties, including the offended party, who shall be the preliminary conference, the court may issue a protection order, based on the pleadings and stipulations or
required to notify their respective counsels, if any. The parties shall appear in person at the admissions made by the parties.
preliminary conference and submit their position papers setting forth the law and the facts relied
upon by them.
SEC. 25. Order for further hearing. - In case the court determines the need for further hearing, it may issue
an order containing the following:
(c) Nature and purpose.—The court shall consider:
(a) Facts undisputed and admitted;
(1) The propriety of issuing a protection order. The court shall not deny the issuance of
a protection order due to the lapse of time between the act of violence and the filing of
(b) Factual and legal issues to be resolved;
the petition, subject to Section 24, R.A. No. 9262. The issuance of a barangay
protection order or the pendency of an application for a barangay protection order shall
not preclude a petitioner from applying for, or the court from granting, a protection (c) Evidence, including objects and documents that have been marked and will be presented;
order;

(d) Names of witnesses who will be ordered to present their direct testimonies in the form of
(2) The simplification of the issues; and affidavits; and

(3) Such other matters as may aid in the prompt disposition of the petition. (e) Schedule of the presentation of evidence by both parties which shall be done in one day, to the
extent possible, within the 30-day period of the effectivity of the temporary protection order issued.
The court shall not refer the case or any issue thereof to a mediator,
SEC. 26. Hearing. -
(d) Prohibited compromise.—The court shall not allow compromise on any act constituting the
crime of violence against women and their children and other prohibited matters, such as the (a) Rule applicable. - The Revised Rule on Summary Procedure shall apply as far as practicable.
following:

(b) Period to hear petition.—The court shall, to the extent possible, endeavor to conduct in one day
(1) The civil status of persons; the hearing en the merits for the issuance of a permanent protection order. Where the court is
unable to finish the hearing within one day and the temporary protection order issued is due to
expire, it may extend or renew the temporary protection order for a period of thirty days each time
(2) The validity of a marriage, declaration of nullity or annulment of a marriage or of a
until final judgment is rendered. The court may modify the extended or renewed temporary
legal separation;
protection order as may be necessary to meet the needs of the parties.
 (c) Evidence of history of abusive conduct.—The court may allow the introduction of any evidence
of history of abusive conduct of a respondent even if the same was not directed against the victim,
provided the same is relevant.
(d) Exclusion of persons from courtroom.—The court may order the exclusion from the courtroom
of all persons who do not have a direct interest in the case. Such an order may be made if the
court determines on the record that requiring a party to testify in open court:
(1) would not enhance the ascertainment of truth;
(2) would cause the party psychological harm or inability to effectively communicate
due to embarrassment, fear or timidity;
(3) would violate the right of a party to privacy; or
(4) would be offensive to decency or public morals.
SEC. 27. Prohibited acts. - The court hearing a petition for a protection order shall not order, direct, force or
in any way unduly influence the applicant for a protection order to compromise or abandon any of the reliefs
sought in the petition for protection under the law and this Rule. Failure to comply with this section shall render
the judge administratively liable.
SEC. 28. Availability of live-link television to eyewitnesses or victims. - (a) The testimony of a child, as an
eyewitness or an offended party in an act of violence against women and their children, may be taken by live-
link television. The application for an order for live-link testimony, the factors to be considered by the court in
granting or denying the use of live-link television and the procedure involved in the actual taking of the
testimony shall be followed as provided for in Section 25 of the Rule on Examination of a Child Witness.
(b) The testimony of an adult female, victim of violence, may likewise be taken by live-link television, if it
appears that she would suffer trauma if she were to testify in the presence of the; offender or perpetrator.
SEC. 29. Period to decide. - (a] The court shall decide the petition within thirty days after termination of the
hearing on the merits.
(b) Where no hearing has been conducted, the court shall decide the petition within ten days after the
termination of the preliminary conference.
SEC. 30. Judgment. - If the court finds the petition meritorious, it shall render judgment granting the offended
party permanent protection against acts of violence and such other necessary reliefs provided in Section 11 of
this Rule. The court shall not deny the issuance of a permanent protection order due to the lapse of time
between the act of violence and the filing of the petition, subject to Section 24, R.A. No. 9262. The judgment
shall be immediately executory.
SEC. 31. Appeal. - Any aggrieved party may appeal by filing a notice of appeal with the court that rendered
the final order or judgment within fifteen days from notice and serving a copy thereof upon the adverse party.
The appeal shall not stay the enforcement of the final order or judgment.
Part II
APPLICATION FOR PROTECTION ORDER AS AN INCIDENT
IN A CRIMINAL OR CIVIL ACTION AND OTHER REMEDIES
SEC. 32. Applicability to applications for protection orders filed as incidents in civil or criminal cases. -
The foregoing provisions shall also apply to applications for protection orders filed as incidents in criminal or
civil actions.
SEC. 33. When petition may proceed separately from or be deemed instituted with criminal action. - (a)
An offended party may file a petition for protection order ahead of a criminal action arising from the same act.
The same shall proceed separately from the criminal action and shall require only a preponderance of
evidence. Upon motion of the petitioner, the court may consolidate the petition with the criminal action.
(b) Where the offended party chooses to file a criminal action, the petition for protection order is deemed
instituted with the criminal action, unless the offended party reserves the right to institute it separately.
SEC. 34. When petition may proceed separately from or be deemed instituted with the civil action for
damages. - (a) An offended party may file a petition for protection order ahead of a civil action for damages
arising from the same act. The same shall proceed separately from the civil action and shall require only a
preponderance of evidence. Upon motion of the petitioner, the court may consolidate the petition with the civil
action.
(b) Where the offended party chooses to file a civil action for damages, the petition for protection order is
deemed instituted with the civil action.
SEC. 35. Prosecution of civil action for damages. - The civil action for damages shall be governed by the
1997 Rules of Civil Procedure. However, the offended party cannot recover the same damages twice for the
same act or omission.
SEC. 36. Prosecution of criminal action. - An act of violence covered by R.A. No. 9262 constituting a
criminal offense shall subject the offender to criminal proceedings, which shall be governed by the Revised
Rules of Criminal Procedure.
Where the judgment of conviction declares that the guilt of the accused has been proved beyond reasonable
doubt, the permanent protection order shall issue as a matter of course.
Where the judgment of acquittal declares that the quantum of evidence is not enough to sustain a conviction
beyond reasonable doubt, the court shall determine whether or not to issue a permanent protection order.
Where the judgment of acquittal expressly declares that the basis of the offender's criminal liability did not
exist, a permanent protection order shall not issue. A temporary protection order that may have been earlier
issued shall be dissolved.
SEC. 37. Bond to keep the peace. - The court may also order any person, against whom a permanent
protection order is issued, to give a bond to keep the peace. It shall be the duty of said person to present two
sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented,
and that in case such violence is committed they will pay the amount determined by the court in its judgment.
The court in its discretion shall fix the duration of the bond.
Part III
COMMON PROVISIONS
SEC. 38. Reproduction of evidence. - An order granting the issuance of a permanent protection order is
without prejudice to a trial on the merits of the criminal or civil action involving violence against women and
their children. The evidence adduced during the hearing for the issuance of a permanent protection order may,
upon motion, be reproduced in the criminal or civil action without prejudice to the cross-examination of
witnesses and presentation of additional evidence.
SEC. 39. Jurisdiction and venue for criminal actions or civil actions. - The Family Court shall have
original and exclusive jurisdiction over cases of violence against women and their children regardless of the
amount of damages claimed. The action may also be filed with the appropriate regional trial courts in places
where there are no Family Courts, at the option of the offended party.
SEC. 40. Privacy and confidentiality of proceedings. - All hearings of cases of violence against women and
their children shall be conducted in a manner consistent with the dignity of women and their children and
respect for their privacy.
Records of the cases shall be treated with utmost confidentiality. Whoever publishes or causes to be
published, in any format, the name, address, telephone number, school, business address, employer or other
identifying information of the parties or an immediate family or household member, without their consent or
without authority of the court, shall be liable for contempt of court and shall suffer the penalty of one year
imprisonment and a fine of not more than Five Hundred Thousand (P500,000.00) Pesos.
Part IV
BARANGAY PROTECTION ORDER
SEC. 41. Venue. - Applications for barangay protection orders shall observe the following rules on venue:
(a) where the parties reside, in the same barangay, the dispute shall be brought for settlement in
said barangay;
(b) where the parties reside in different barangays in the same city or municipality, the dispute shall
be settled in the barangay where the respondent or any one of the respondents actually resides, at
the choice of the complainant;
(c) disputes arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study, shall be brought in the barangay where such
workplace or institution is located; and
(d) any objection relating to venue shall be raised before the Punong Barangay during the
proceedings before him. Failure to do so shall be deemed a waiver of such objections.
SEC. 42. Where to file complaint for violation of a barangay protection order. - A complaint for violation
of a barangay protection order may be filed with any metropolitan trial court, municipal trial court in cities,
municipal trial court or municipal circuit trial court that has territorial jurisdiction over the barangay which
issued the said protection order.
SEC. 43. Procedure. - (a) The complaint shall be accompanied by affidavits and other evidence proving the
alleged violation;
(b) Upon receipt of the complaint, the court shall issue an order requiring the accused to submit within five
days his counter-affidavit, the affidavits of his witnesses and other evidence in his behalf;
(c) If the court, upon a consideration of the complaint, the counter-affidavits of the accused and other evidence
submitted by the parties, finds no cause or ground to hold the accused for trial, it shall order the dismissal of
the case; otherwise, it shall set the case for arraignment and trial;
(d) Violation of a barangay protection order shall be punishable by imprisonment of thirty days without
prejudice to any other criminal or civil action that the offended party may file for any of the acts committed; and
(e) A judgment of violation of a barangay protection order may be appealed to the regional trial court whose
decision shall be final. An appeal from a judgment of violation of a barangay protection oREPUBLIC ACT NO.
10630
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND
WELFARE ACT OF 2006" AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. The Title of Republic Act No. 9344 is hereby amended to read as follows: "An Act Establishing a
Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council under
the Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes."
Section 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 4. Definition of Terms. – The following terms as used in this Act shall be defined as follows:
"x x x
"(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded and managed
by local government units (LGUs) and licensed and/or accredited nongovernment organizations
(NGOs) providing short-term residential care for children in conflict with the law who are above
fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases
or transfer to other agencies or jurisdiction.
"Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and support center.
This will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B
hereof.
"A multi-disciplinary team composed of a social worker, a psychologist/mental health professional,
a medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of
Children (BCPC) member shall operate the ‘Bahay Pag-asa’. The team will work on the
individualized intervention plan with the child and the child’s family.
"x x x."
Section 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the
time of the commission of the offense shall be exempt from criminal liability. However, the child
shall be subjected to an intervention program pursuant to Section 20 of this Act.
"A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her
birthdate.
"A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
"The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws."
Section 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 8. Juvenile Justice and Welfare Council (JJWC). – A Juvenile Justice and Welfare Council
(JJWC) is hereby created and attached to the Department of Social Welfare and Development and
placed under its administrative supervision. The JJWC shall be chaired by an Undersecretary of
the Department of Social Welfare and Development. It shall ensure the effective implementation of
this Act and coordination among the following agencies:
"(a) Department of Justice (DOJ);
 "(b) Council for the Welfare of Children (CWC); "(10) One (1) representative each from the League of Provinces, League of Cities,
League of Municipalities and League of Barangays.

"(c) Department of Education (DepED);

"There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The
RJJWCs will be under the administration and supervision of the JJWC. The RJJWC shall be
"(d) Department of the Interior and Local Government (DILG); chaired by the director of the regional office of the DSWD. It shall ensure the effective
implementation of this Act at the regional and LGU levels and the coordination among its member
agencies.
"(e) Public Attorney’s Office (PAO);

"The RJJWC will be composed of permanent representatives who shall have a rank not lower than
"(f) Bureau of Corrections (BUCOR);
an assistant regional director or its equivalent to be designated by the concerned department
heads from the following agencies and shall receive emoluments as may be determined by the
"(g) Parole and Probation Administration (PPA); Council in accordance with existing budget and accounting rules and regulations:

"(h) National Bureau of Investigation (NBI); "(i) Department of Justice (DOJ);

"(i) Philippine National Police (PNP); "(ii) Department of Social Welfare and Development (DSWD);

"(j) Bureau of Jail Management and Penology (BJMP); "(iii) Department of Education (DepED);

"(k) Commission on Human Rights (CHR); "(iv) Department of the Interior and Local Government (DILG);

"(l) Technical Education and Skills Development Authority (TESDA); "(v) Commission on Human Rights (CHR);

"(m) National Youth Commission (NYC); and "(vi) Department of Health (DOH);

"(n) Other institutions focused on juvenile justice and intervention programs. "(vii) Two (2) representatives from NGOs operating within the region selected by the
RJJWC based on the criteria established by the JJWC;

"The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to
be designated by the concerned heads of the following departments or agencies and shall receive "(viii) One (1) sectoral representative from the children or youth sector within the region;
emoluments as may be determined by the Council in accordance with existing budget and and
accounting rules and regulations:
"(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/
"(1) Department of Justice (DOJ); Barangays of the Philippines.

"(2) Department of Social Welfare and Development (DSWD); "The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of
Social Welfare and Development shall determine the organizational structure and staffing pattern
of the JJWC national secretariat and the RJJWC secretariat.
"(3) Council for the Welfare of Children (CWC);

"In the implementation of this Act, the JJWC shall consult with the various leagues of local
"(4) Department of Education (DepED); government officials.

"(5) Department of the Interior and Local Government (DILG); "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."
"(6) Commission on Human Rights (CHR);

Section5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows:
"(7) National Youth Commission (NYC);

"SEC. 9. Duties and Functions of the JJWC. – The JJWC shall have the following duties and
"(8) Two (2) representatives from NGOs, to be designated by the Secretary of Social functions:
Welfare and Development, to be selected based on the criteria established by the
Council;
"(a) To oversee the implementation of this Act;
"(9) Department of Health (DOH); and
"(b) To advise the President on all matters and policies relating to juvenile justice and "(k) To submit an annual report to the President on the implementation of this Act; and
welfare;

"(l) To perform such other functions as may be necessary to implement the provisions
"(c) To assist the concerned agencies in the review and redrafting of existing of this Act."
policies/regulations or in the formulation of new ones in line with the provisions of this
Act;
"SEC. 9-A. Duties and Functions of the RJJWC. – The RJJWC shall have the following duties and
functions:
"(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; "(a) To oversee and ensure the effective implementation of this Act at the regional level
and at the level of the LGUs;

"(e) To coordinate the implementation of the juvenile intervention programs and

activities by national government agencies and other activities which may have an
important bearing on the success of the entire national juvenile intervention program.
All programs relating to juvenile justice and welfare shall be adopted in consultation
with the JJWC;
"(f) To consult with the various leagues of local government officials in the formulation
and recommendation of policies and strategies for the prevention of juvenile
delinquency and the promotion of juvenile justice and welfare;
"(g) To formulate and recommend policies and strategies in consultation with children
for the prevention of juvenile delinquency and the administration of justice, as well as
for the treatment and rehabilitation of the children in conflict with the law;
"(h) To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare, such as,
but not limited to:
"(1) The performance and results achieved by juvenile intervention
programs and by activities of the local government units and other
government agencies;
"(2) The periodic trends, problems and causes of juvenile delinquency and
crimes; and
"(3) The particular needs of children in conflict with the law in custody.
"The data gathered shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.
"The JJWC shall submit an annual report to Congress on the implementation of the
provisions of this Act.
"The JJWC shall set up a mechanism to ensure that children are involved in research
and policy development.
"(i) Through duly designated persons and with the assistance of the agencies provided
in the preceding section, to conduct regular inspections in detention and rehabilitation
facilities and to undertake spot inspections on their own initiative in order to check
compliance with the standards provided herein and to make the necessary
recommendations to appropriate agencies;
"(b) To assist the concerned agencies in the implementation and in compliance with the
JJWC’s adopted policies/regulations or provide substantial inputs to the JJWC in the
formulation of new ones in line with the provisions of this Act;
"(c) To assist in the development of the comprehensive 3 to 5-year local juvenile
intervention program, with the participation of concerned LGUs, NGOs and youth
organizations within the region and monitor its implementation;
"(d) To coordinate the implementation of the juvenile intervention programs and
activities by national government agencies and other activities within the region;
"(e) To oversee the programs and operation of the intensive juvenile intervention and
support center established within the region;
"(f) To collect relevant regional information and conduct continuing research and
support evaluations and studies on all matters relating to juvenile justice and welfare
within the region, such as, but not limited to:
"(1) Performance and results achieved by juvenile intervention programs
and by activities of the LGUs and other government agencies within the
region;
"(2) The periodic trends, problems and causes of juvenile delinquency and
crimes from the LGU level to the regional level; and
"(3) The particular needs of children in conflict with the law in custody within
their regional jurisdiction.
"The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis
and as may be deemed necessary by the JJWC.
"(g) Through duly designated persons and with the assistance of the agencies provided
in the preceding section, to conduct regular inspections in detention and rehabilitation
facilities within the region and to undertake spot inspections on their own initiative in
order to check compliance with the standards provided herein and to make the
necessary reports and recommendations to appropriate agencies and to the JJWC;
"(h) To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the
juvenile intervention program within the region;

"(j) To initiate and coordinate the conduct of trainings for the personnel of the agencies "(i) To submit an annual report to the JJWC on the implementation of this Act; and
involved in the administration of the juvenile justice and welfare system and the
juvenile intervention program;
 "(j) To perform such other functions as may be determined by the JJWC to implement
the provisions of this Act."
Section 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child, in consultation with the local social welfare and development officer, has the
duty to immediately release the child to the custody of his/her parents or guardian, or in the
absence thereof, the child’s nearest relative. The child shall be subjected to a community-based
intervention program supervised by the local social welfare and development officer, unless the
best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’
managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.
"The local social welfare and development officer shall determine the appropriate programs for the
child who has been released, in consultation with the child and the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following:
"(a) A duly registered nongovernmental or religious organization;
"(b) A barangay official or a member of the Barangay Council for the Protection of
Children (BCPC);
"(c) A local social welfare and development officer; or, when and where appropriate,
the DSWD.
"If the child has been found by the local social welfare and development officer to be dependent,
abandoned, neglected or abused by his/her parents and the best interest of the child requires that
he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall
execute a written authorization for the voluntary commitment of the child: Provided, That if the child
has no parents or guardians or if they refuse or fail to execute the written authorization for
voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by
the DSWD or the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the
Supreme Court rule on commitment of children: Provided, further, That the minimum age for
children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old."
"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility.
– A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits
parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or
raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or
occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous
Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed
in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile
Intervention and Support Center (IJISC).
"In accordance with existing laws, rules, procedures and guidelines, the proper petition for
involuntary commitment and placement under the IJISC shall be filed by the local social welfare
and development officer of the LGU where the offense was committed, or by the DSWD social
worker in the local social welfare and development officer’s absence, within twenty-four (24) hours
Section 7. Section 22 of Republic Act No. 9344 is hereby amended to read as follows:
from the time of the receipt of a report on the alleged commission of said child. The court, where
the petition for involuntary commitment has been filed shall decide on the petition within seventy-
two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the IJISC which shall not be less than
one (1) year. The multi-disciplinary team of the IJISC will submit to the court a case study and
progress report, to include a psychiatric evaluation report and recommend the reintegration of the
child to his/her family or the extension of the placement under the IJISC. The multi-disciplinary
team will also submit a report to the court on the services extended to the parents and family of the
child and the compliance of the parents in the intervention program. The court will decide whether
the child has successfully completed the center-based intervention program and is already
prepared to be reintegrated with his/her family or if there is a need for the continuation of the
center-based rehabilitation of the child. The court will determine the next period of assessment or
hearing on the commitment of the child."
"SEC. 20-B. Repetition of Offenses. – A child who is above twelve (12) years of age up to fifteen
(15) years of age and who commits an offense for the second time or oftener: Provided, That the
child was previously subjected to a community-based intervention program, shall be deemed a
neglected child under Presidential Decree No. 603, as amended, and shall undergo an intensive
intervention program supervised by the local social welfare and development officer: Provided,
further, That, if the best interest of the child requires that he/she be placed in a youth care facility
or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, finally, That if the child has no parents or guardians or
if they refuse or fail to execute the written authorization for voluntary commitment, the proper
petition for involuntary commitment shall be immediately filed by the DSWD or the LSWDO
pursuant to Presidential Decree No. 603, as amended."
"SEC. 20-C. Exploitation of Children for Commission of Crimes. – Any person who, in the
commission of a crime, makes use, takes advantage of, or profits from the use of children,
including any person who abuses his/her authority over the child or who, with abuse of confidence,
takes advantage of the vulnerabilities of the child and shall induce, threaten or instigate the
commission of the crime, shall be imposed the penalty prescribed by law for the crime committed
in its maximum period."
"SEC. 20-D. Joint Parental Responsibility. – Based on the recommendation of the multi-disciplinary
team of the IJISC, the LSWDO or the DSWD, the court may require the parents of a child in
conflict with the law to undergo counseling or any other intervention that, in the opinion of the court,
would advance the welfare and best interest of the child.
"As used in this Act, ‘parents’ shall mean any of the following:
"(a) Biological parents of the child; or
"(b) Adoptive parents of the child; or
"(c) Individuals who have custody of the child.
"A court exercising jurisdiction over a child in conflict with the law may require the attendance of
one or both parents of the child at the place where the proceedings are to be conducted.
"The parents shall be liable for damages unless they prove, to the satisfaction of the court, that
they were exercising reasonable supervision over the child at the time the child committed the
offense and exerted reasonable effort and utmost diligence to prevent or discourage the child from
committing another offense."
"SEC. 20-E. Assistance to Victims of Offenses Committed by Children. – The victim of the offense
committed by a child and the victim’s family shall be provided the appropriate assistance and
psychological intervention by the LSWDO, the DSWD and other concerned agencies."
"SEC. 22. Duties During Initial Investigation. – The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be
referred.
 "The taking of the statement of the child shall be conducted in the presence of the following: (1)
child’s counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2)
the child’s parents, guardian, or nearest relative, as the case may be; and (3) the local social
welfare and development officer. In the absence of the child’s parents, guardian, or nearest relative,
and the local social welfare and development officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group, or member of the BCPC.
"The social worker shall conduct an initial assessment to determine the appropriate interventions
and whether the child acted with discernment, using the discernment assessment tools developed
by the DSWD. The initial assessment shall be without prejudice to the preparation of a more
comprehensive case study report. The local social worker shall do either of the following:
"(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18) years old, who acted without discernment;
and
"(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted
with discernment, proceed to diversion under the following chapter."
Section 8. Section 33 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 33. Preliminary Investigation and Filing of Information. – The prosecutor shall conduct a
preliminary investigation in the following instances: (a) when the child in conflict with the law does
not qualify for diversion; (b) when the child, his/her parents or guardian does not agree to diversion
as specified in Sections 27 and 28; and (c) when considering the assessment and
recommendation of the social worker, the prosecutor determines that diversion is not appropriate
for the child in conflict with the law.
"Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney’s Office of such service, as well as the personal information, and place of detention of the
child in conflict with the law.
"Upon determination of probable cause by the prosecutor, the information against the child shall be
filed before the Family Court within forty-five (45) days from the start of the preliminary
investigation. The information must allege that the child acted with discernment."
Section 9. Section 49 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 49. Establishment of ‘Bahay Pag-Asa’. – Each province and highly-urbanized city (the LGUs)
shall be responsible for building, funding and operating a ‘Bahay Pag-asa’ within their jurisdiction
following the standards that will be set by the DSWD and adopted by the JJWC.
"Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This Center will be allocated for
children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These
children will be required to undergo a more intensive multi-disciplinary intervention program. The
JJWC in partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will
develop and set the standards for the implementation of the multi-disciplinary intervention program
of the IJISC. Upon institutionalization of the IJISC program, the JJWC will continue to monitor and
provide technical assistance to the multi-disciplinary teams operating the said centers."
Section 10. Section 50 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 50. Care and Maintenance of the Child in Conflict with the Law. – x x x
"The LGUs expected expenditures on the local juvenile intervention program for children at risk
and children in conflict with the law shall be included in the LGUs annual budget. Highly-urbanized
cities and provincial governments should include a separate budget for the construction and
maintenance of the ‘Bahay Pag-asa’ including the operation of the IJISC within the ‘Bahay Pag-
asa’."
Section 11. Section 57 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 57. Status Offenses. – Any conduct not considered an offense or not penalized if committed
by an adult shall not be considered an offense and shall not be punished if committed by a child."
"SEC. 57-A. Violations of Local Ordinances. – Ordinances enacted by local governments
concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental
disobedience, anti-smoking and anti-drinking laws, as well as light offenses and misdemeanors
against public order or safety such as, but not limited to, disorderly conduct, public scandal,
harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling,
mendicancy, littering, public urination, and trespassing, shall be for the protection of children. No
penalty shall be imposed on children for said violations, and they shall instead be brought to their
residence or to any barangay official at the barangay hall to be released to the custody of their
parents. Appropriate intervention programs shall be provided for in such ordinances. The child
shall also be recorded as a ‘child at risk’ and not as a ‘child in conflict with the law’. The ordinance
shall also provide for intervention programs, such as counseling, attendance in group activities for
children, and for the parents, attendance in parenting education seminars."
Section 12. Mandatory Registry of Children in Conflict with the Law. – All duty-bearers, including
barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and prosecutors who
will receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful recordation
of all pertinent information, such as age, residence, gender, crime committed or accused of and the details of
the intervention or diversion, as the case may be, under which they will undergo or has undergone, of all
children in conflict with the law to guarantee the correct application of the provisions of this Act and other laws.
The JJWC shall lead in the establishment of a centralized information management system on children in
conflict with the law. This provision is however without prejudice to Section 43 of this Act.
Section 13. Section 63 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 63. Appropriations. – The amount necessary to carry out the provisions of this Act shall be
charged against the current year’s appropriations of the JJWC under the budget of the Department
of Justice. Thereafter, such sums as may be necessary for the continued implementation of this
Act shall be included in the budget of the DSWD under the annual General Appropriations
Act: Provided, That the amount of Four hundred million pesos (P400,000,000.00) shall be
appropriated for the construction of ‘Bahay Pag-asa’ rehabilitation centers in provinces or cities
with high incidence of children in conflict with the law to be determined and identified by the DSWD
and the JJWC on a priority basis: Provided, further, That the said amount shall be coursed through
the Department of Public Works and Highways (DPWH) for its proper implementation.
"The LGUs concerned shall make available, from its own resources or assets, their counterpart
share equivalent to the national government contribution of Five million pesos (P5,000,000.00) per
rehabilitation center.
"In addition, the Council may accept donations, grants and contributions from various sources, in
cash or in kind, for purposes relevant to its functions, subject to the usual government accounting
and auditing rules and regulations."
Section 14. Implementing Rules and Regulations. – The JJWC shall promulgate the necessary rules and
regulations within sixty (60) days from the effectivity of this Act.
Section 15. Separability Clause. – If any provision of this Act is held unconstitutional, other provisions not
affected thereby shall remain valid and binding.
Section 16. Repealing Clause. – All laws, decrees, ordinances and rules inconsistent with the provisions of
this Act are hereby modified or repealed accordingly.
Section 17. Effectivity Clause. – This Act shall take effect fifteen (15) days after the completion of its
publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
rder shall not stay the enforcement of a protection order that might have been issued by the trial court during
the trial.
SEC. 44. Issuance of protection order when warranted; contempt of court for violation. - During trial or
upon judgment, the trial court may motu proprio issue a protection order when warranted. Violation of any
protection order issued under this Section 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.
SEC. 45. Effectivity. - This Rule shall take effect on the 15th day of November 2004 following its publication
in a newspaper of general circulation not later than 30 October 2004.
PRESIDENTIAL DECREE No. 603
THE CHILD AND YOUTH WELFARE CODE
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following:
TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation. Every effort
should be exerted to promote his welfare and enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to
the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of the family should
strive to make the home a wholesome and harmonious place as its atmosphere and conditions will greatly
influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making the home
isolated and exclusive and unconcerned with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and
support of the government.
Other institutions, like the school, the church, the guild, and the community in general, should assist the home
and the State in the endeavor to prepare the child for the responsibilities of adulthood.
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth Welfare Code. It shall
apply to persons below twenty-one years of age except those emancipated in accordance with law. "Child" or
"minor" or "youth" as used in this Code, shall refer to such persons.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as
to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his
conception, as generally accepted in medical parlance, and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care and
understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that he
may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and care
required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical
attention, and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself and to his
fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities,
individual as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral
development.
(9) Every child has the right to live in a community and a society that can offer him an environment
free from pernicious influences and conducive to the promotion of his health and the cultivation of
his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly when
his parents or guardians fail or are unable to provide him with his fundamental needs for growth,
development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith in
democracy and inspire him with the morality of the constituted authorities both in their public and
private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to contribute his
share in the building of a better world.
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion,
social status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the
teachings of his elders and mentors, and the biddings of a clean conscience;
 (2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with
them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal
education suited to his abilities, in order that he may become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory of
our heroes, the duly constituted authorities, the laws of our country, and the principles and
institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in
mind that it is the youth who will eventually be called upon to discharge the responsibility of
leadership in shaping the nation's future; and
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere,
the fostering of cooperation among nations in the pursuit of their common aspirations for programs
and prosperity, and the furtherance of world peace.
Article 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the
time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil
Code.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be
governed by the pertinent provisions of the Revised Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly confidential
and no information relating thereto shall be issued except on the request of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally
in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative, judicial or
other official proceedings to determine the identity of the child's parents or other circumstances
surrounding his birth; and
(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in
an amount not exceeding five hundred pesos, or both, in the discretion of the court.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and property of
the child, his welfare shall be the paramount consideration.
Article 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance through his
various levels of growth, from infancy to early and later childhood, to puberty and adolescence, and when
necessary even after he shall have attained age 21.
Article 10. Phases of Development. - The child shall enjoy special protection and shall be given opportunities
and facilities, by law and by other means, to ensure and enable his fullest development physically, mentally,
emotionally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and
dignity appropriate to the corresponding developmental stage.
Article 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate pre-natal and
post-natal care both for him and his mother. All appropriate measures shall be taken to insure his normal total
development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after
the health of the child.
Article 12. Education. - The schools and other entities engaged in non-formal education shall assist the
parents in providing the best education for the child.
Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social and
emotional growth. These shall be undertaken by the home in collaboration with the schools and other
agencies engaged in the promotion of child welfare.
Article 14. Morality. - High moral principles should be instilled in the child, particularly in the home, the school,
and the church to which he belongs.
Article 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the precepts of his
religion should, as much as possible, be encouraged by the State.
Article 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be brought
up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full
consciousness of his responsibilities as a member of society.
TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
CHAPTER I
Parental Authority
SECTION A. In General
Article 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable parental
authority and responsibility over their legitimate or adopted children. In case of disagreement, the father's
decision shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to exercise
parental authority over such children, unless in case of the surviving parent's remarriage, the court, for
justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his mother unless
the court finds compelling reasons to do so.
Article 18. Grandparents. - Grandparents shall be consulted on important family questions but they shall not
interfere in the exercise of parental authority by the parents.
Article 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or sister who
is at least eighteen years of age, or the relative who has actual custody of the child, shall exercise parental
authority in case of absence or death of both parents, unless a guardian has been appointed in accordance
with the succeeding provision.
Article 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in Arts. 328 Article 30. Who May Not Be Adopted. - The following may not be adopted:
to 332 of the Civil Code, appoint a guardian for the person and property of the child, on petition of any relative
or friend of the family or the Department of Social Welfare.
1. A married person, without the written consent of the spouse;

Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected child shall
be under the parental authority of a suitable or accredited person or institution that is caring for him as 2. An alien with whose government the Republic of the Philippines has broken diplomatic relations;
provided for under the four preceding articles, after the child has been declared abandoned by either the court
or the Department of Social Welfare.
3. A person who has already been adopted unless the adoption has been previously revoked or
rescinded in accordance with this Chapter.
Article 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected child may
be transferred to the care of the Department of Social Welfare or a duly licensed child-caring institution or
Article 31. Whose Consent is Necessary. - The written consent of the following to the adoption shall be
individual in accordance with Articles 142 and 154 of this Code, or upon the request of the person or institution
necessary:
exercising parental authority over him.

1. The person to be adopted, if fourteen years of age or over;

From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution or
individual shall be considered the guardian of the child for all intents and purposes.
2. The natural parents of the child or his legal guardian of the Department of Social Welfare or any
duly licensed child placement agency under whose care the child may be;
Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case study of
every child who is the subject of guardianship or custody proceedings and to submit its report and
recommendations on the matter to the court for its guidance. 3. The natural children, fourteen years and above, of the adopting parents.

Article 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall intervene
on behalf of the child if it finds, after its case study, that the petition for guardianship or custody should be
denied.
Article 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at the
discretion of the court, be closed to the public and the records thereof shall not be released without its
approval.
Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not inconsistent
with the provisions of this Chapter shall remain in force: Provided, That Articles 334 up to 348 inclusive on
Adoption, are hereby expressly repealed and replaced by Section B of this Chapter.
Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the court to prevent
the natural parents from making hurried decisions caused by strain or anxiety to give up the child, and to
ascertain, that all measures to strengthen the family have been exhausted and that any prolonged stay of the
child in his own home will be inimical to his welfare and interest.
Article 33. Case Study. - No petition for adoption shall be granted unless the Department of Social Welfare, or
the Social Work and Counselling Division, in case of Juvenile and Domestic Relations Courts, has made a
case study of the child to be adopted, his natural parents as well as the prospective adopting parents, and has
submitted its report and recommendations on the matter to the court hearing such petition. The Department of
Social Welfare shall intervene on behalf of the child if it finds, after such case study, that the petition should be
denied.

Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so far as
SECTION B. Adoption
they are not in conflict with this Chapter.

Article 27. Who May Adopt. - Any person of age and in full possession of his civil rights may adopt: Provided,
Article 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the adopting
That he is in a position to support and care for his legitimate, legitimated, acknowledged natural children, or
parents are given by the court a supervised trial custody period of at least six months to assess their
natural children by legal fiction, or other illegitimate children, in keeping with the means, both material and
adjustment and emotional readiness for the legal union. During the period of trial custody parental authority
otherwise, of the family. In all cases of adoption the adopter must be at least fifteen years older than the
shall be vested in the adopting parents.
person to be adopted.

Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if it
finds that it is to the best interest of the child. In such case, the court shall state its reasons for reducing said
period.
Article 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare or duly
licensed child placement agency and the evidence submitted before it, the court is satisfied that the petitioner
is qualified to maintain, care for, and educate the child, that the trial custody period has been completed, and
that the best interests of the child will be promoted by the adoption, a decree of adoption shall be entered,
which shall be effective as of the date the original petition was filed. The decree shall state the name by which
the child is thenceforth to be known.

4. An alien who is disqualified to adopt according to the laws of his own country or one with whose
government the Republic of the Philippines has broken diplomatic relations. Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall be
annotated on the record of birth, and the same shall entitle the adopted person to the issuance of an amended
certificate of birth.
Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case, parental
authority shall be exercised as if the child were their own by nature.
Article 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases shall be
confidential and shall not be open to the public. All records, books and papers relating to the adoption cases in
the files of the court, of the Department of Social Welfare, and of any other agency or institution participating in
the adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books and papers is
needed, the person or agency requesting the release of the information may file a petition to the court which
entered the decree of adoption for its release. If the court finds that the disclosure of the information is
necessary for purposes connected with or arising out of the adoption and will be for the best interests of the
child, the court may permit the necessary information to be released, restricting the purposes for which it may
be used.
Article 39. Effects of Adoption. - The adoption shall:
parents or remitted to the Department of Social Welfare or any duly licensed child placement agency or
whether a guardian over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted by
the court, shall release him from all obligations to his adopting parents and shall extinguish all his rights
against them: Provided, That if the said adopted person is physically or mentally handicapped as to need a
guardian over his person or property, or both, the court may appoint a guardian in accordance with the
provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter's
surname and the court shall order the amendment of the records in the Civil Register in accordance with its
decision.

1. Give to the adopted person the same rights and duties as if he were a legitimate child of the
adopter: Provided, That an adopted child cannot acquire Philippine citizenship by virtue of such
adoption; lawphi1.net
CHAPTER II
Rights of Parents
2. Dissolve the authority vested in the natural parent or parents, except where the adopter is the
spouse of the surviving natural parent;
Article 43. Primary Right of Parents. - The parents shall have the right to the company of their children and, in
relation to all other persons or institutions dealing with the child's development, the primary right and obligation
3. Entitle the adopted person to use the adopter's surname; and to provide for their upbringing.

4. Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights mentioned in Articles
legitimate parents or ascendants and by an adopted person, the latter shall not have more 316 to 326 of the Civil Code over the person and property of the child.
successional rights than an acknowledged natural child: Provided, further, That any property
received gratuitously by the adopted from the adopter shall revert to the adopter should the former
predecease the latter without legitimate issue unless the adopted has, during his lifetime, alienated Article 45. Right to Discipline Child. - Parents have the right to discipline the child as may be necessary for
such property: Provided, finally, That in the last case, should the adopted leave no property other the formation of his good character, and may therefore require from him obedience to just and reasonable
than that received from the adopter, and he is survived by illegitimate issue or a spouse, such rules, suggestions and admonitions.
illegitimate issue collectively or the spouse shall receive one-fourth of such property; if the adopted
is survived by illegitimate issue and a spouse, then the former collectively shall receive one-fourth
and the latter also one-fourth, the rest in any case reverting to the adopter, observing in the case of
the illegitimate issue the proportion provided for in Article 895 of the Civil Code.

CHAPTER III
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him,
Duties of Parents
except that if the latter are both dead, the adopting parent or parents take the place of the natural parents in
the line of succession, whether testate or interstate.

Article 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any duly
licensed child placement agency if the adopted is still a minor or otherwise incapacitated, may ask for the
rescission of the adoption on the same grounds that cause the loss of parental authority under the Civil Code. Article 46. General Duties. - Parents shall have the following general duties toward their children:

Article 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the adoption in 1. To give him affection, companionship and understanding;
any of these cases:

2. To extend to him the benefits of moral guidance, self-discipline and religious

1. If the adopted person has attempted against the life of the adopter and/or his spouse; instruction; lawphi1.net

2. When the adopted minor has abandoned the home of the adopter for more than three years and 3. To supervise his activities, including his recreation; lawphi1.net
efforts have been exhausted to locate the minor within the stated period;

4. To inculcate in him the value of industry, thrift and self-reliance;

3. When by other acts the adopted person has definitely repudiated the adoption.

Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age of
majority at the time of the revocation or rescission referred to in the next preceding articles, the court in the
same proceeding shall determine whether he should be returned to the parental authority of his natural
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his country;
6. To advise him properly on any matter affecting his development and well-being;
 7. To always set a good example; Article 58. Torts. - Parents and guardians are responsible for the damage caused by the child under their
parental authority in accordance with the Civil Code.

8. To provide him with adequate support, as defined in Article 290 of the Civil Code; and
Article 59. Crimes. - Criminal liability shall attach to any parent who:

9. To administer his property, if any, according to his best interests, subject to the provisions of
Article 320 of the Civil Code. 1. Conceals or abandons the child with intent to make such child lose his civil status.

Article 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in the discussion of 2. Abandons the child under such circumstances as to deprive him of the love, care and protection
family affairs, especially in matters that particularly concern him. In cases involving his discipline, the child he needs.
shall be given a chance to present his side.

3. Sells or abandons the child to another person for valuable consideration.

Article 48. Winning Child's Confidence. - Parents shall endeavor to win the child's confidence and to
encourage him to conduct with them on his activities and problems.
4. Neglects the child by not giving him the education which the family's station in life and financial
conditions permit.
Article 49. Child Living Away from Home. - If by reason of his studies or for other causes, a child does not live
with his parents, the latter shall communicate with him regularly and visit him as often as possible. The parents
shall see to it that the child lives in a safe and wholesome place and under responsible adult care and 5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.
supervision.
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled.
Article 50. Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes, if any, and to "Truancy" as here used means absence without cause for more than twenty schooldays, not
encourage and develop them. If the child is especially gifted, his parents shall report this fact to the National necessarily consecutive.
Center for Gifted Children or to other agencies concerned so that official assistance or recognition may be
extended to him.
7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the
moment these exceed five schooldays.
Article 51. Reading Habit. - The reading habit should be cultivated in the home. Parents shall, whenever
possible, provide the child with good and wholesome reading material, taking into consideration his age and
8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging
emotional development. They shall guard against the introduction in the home of pornographic and other
and other acts which are inimical to his interest and welfare.
unwholesome publications.

9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation
Article 52. Association with Other Children. - Parents shall encourage the child to associate with other
and other excessive chastisement that embarrass or humiliate him.
children of his own age with whom he can develop common interests of useful and salutary nature. It shall be
their duty to know the child's friends and their activities and to prevent him from falling into bad company. The
child should not be allowed to stay out late at night to the detriment of his health, studies or morals. 10. Causes or encourages the child to lead an immoral or dissolute life.

Article 53. Community Activities. - Parents shall give the child every opportunity to form or join social, cultural, 11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
educational, recreational, civic or religious organizations or movements and other useful community activities.

12. Allows or requires the child to drive without a license or with a license which the parent knows
Article 54. Social Gatherings. - When a party or gathering is held, the parents or a responsible person should to have been illegally procured. If the motor vehicle driven by the child belongs to the parent, it
be present to supervise the same. shall be presumed that he permitted or ordered the child to drive.

Article 55. Vices. - Parents shall take special care to prevent the child from becoming addicted to intoxicating "Parents" as here used shall include the guardian and the head of the institution or foster home which has
drinks, narcotic drugs, smoking, gambling, and other vices or harmful practices. custody of the child.

Article 56. Choice of career. - The child shall have the right to choose his own career. Parents may advise Article 60. Penalty. - The act mentioned in the preceding article shall be punishable with imprisonment from
him on this matter but should not impose on him their own choice. two or six months or a fine not exceeding five hundred pesos, or both, at the discretion of the Court, unless a
higher penalty is provided for in the Revised Penal Code or special laws, without prejudice to actions for the
involuntary commitment of the child under Title VIII of this Code.
Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the prerogative of
choosing his future spouse. Parents should not force or unduly influence him to marry a person he has not
freely chosen.

CHAPTER V
Assistance to Parents
CHAPTER IV
Liabilities of Parents
Article 61. Admonition to Parents. - Whenever a parent or guardian is found to have been unreasonably
neglectful in the performance of his duties toward the child, he shall be admonished by the Department of
Social Welfare or by the local Council for the Protection of Children referred to in Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially
admonished.
Article 62. Medical and Dental Services. - If the child has special health problems, his parents shall be entitled
to such assistance from the government as may be necessary for his care and treatment in addition to other
benefits provided for under existing law.
Article 63. Financial Aid and Social Services to Needy Families. - Special financial or material aid and social
services shall be given to any needy family, to help maintain the child or children in the home and prevent their
placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration,
among other things, the self-employment of any of the family members and shall be paid from any funds
available for the purpose.
Article 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The State shall give
assistance to widowed or abandoned parent or where either spouse is on prolonged absence due to illness,
imprisonment, etc. and who is unable to support his/her children. Financial and other essential social services
shall be given by the National Government or other duly licensed agencies with similar functions to help such
parent acquire the necessary knowledge or skill needed for the proper care and maintenance of the family.
Article 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the next two
preceding articles shall be (1) the age of the child or children (2) the financial condition of the family, (3) the
degree of deprivation of parental care and support, and (4) the inability to exercise parental authority.
Article 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may, before and
after the birth of the child, seek the assistance and advice of the Department of Social Welfare or any duly
licensed child placement agency. The said agencies shall offer specialized professional services which include
confidential help and protection to such mother and her child, including placement of protection to such mother
and child, including placement of such mother's rights, if any, against the father of such child.
CHAPTER VI
Foster-Care
Article 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of Social
Welfare or any duly licensed child placement agency when and as the need therefore arises. They shall be run
by married couples, to be licensed only after thorough investigation of their character, background, motivation
and competence to act as foster parents.
Article 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to institutional care.
Unless absolutely necessary, no child below nine years of age shall be placed in an institution. An older child
may be taken into an institution for child care if a thorough social case study indicates that he will derive more
benefit therefrom.
Article 69. Day-care service and other substitute parental arrangement. - Day-care and other substitute
parental arrangement shall be provided a child whose parents and relatives are not able to care for him during
the day. Such arrangements shall be the subject of accreditation and licensing by the Department of Social
Welfare.
Article 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much as
possible, the affection and understanding that his own parents, if alive or present, would or should have
extended to him. Foster care shall take into consideration the temporary nature of the placement and shall not
alienate the child from his parents.
TITLE III.
CHILD AND YOUTH WELFARE AND EDUCATION
CHAPTER I
Access to Educational Opportunities
Article 71. Admission to Schools. - The state shall see to it that no child is refused admission in public schools.
All parents are required to enroll their children in schools to complete, at least, an elementary education.
Article 72. Assistance. - To implement effectively the compulsory education policy, all necessary assistance
possible shall be given to parents, specially indigent ones or those who need the services of children at home,
to enable the children to acquire at least an elementary education. Such assistance may be in the form of
special school programs which may not require continuous attendance in school, or aid in the form of
necessary school supplies, school lunch, or whatever constitutes a bar to a child's attendance in school or
access to elementary education.
Article 73. Nursery School. - To further help promote the welfare of children of working mothers and indigent
parents, and in keeping with the Constitutional provision on the maintenance of an adequate system of public
education, public nursery and kindergarten schools shall be maintained, whenever possible. The operation
and maintenance of such schools shall be the responsibility of local governments. Aid from local school board
funds, when available, may be provided.
Article 74. Special Classes. - Where needs warrant, there shall be at least special classes in every province,
and, if possible, special schools for the physically handicapped, the mentally retarded, the emotionally
disturbed, and the specially gifted. The private sector shall be given all the necessary inducement and
encouragement to establish such classes or schools.
Article 75. School Plants and Facilities. - Local school officials and local government officials shall see to it
that school children and students are provided with adequate schoolrooms and facilities including playground,
space, and facilities for sports and physical development activities. Such officials should see to it that the
school environment is free from hazards to the health and safety of the students and that there are adequate
safety measures for any emergencies such as accessible exits, firefighting equipment, and the like. All
children shall have the free access to adequate dental and medical services.
CHAPTER II
The Home and the School
Article 76. Role of the Home. - The home shall fully support the school in the implementation of the total
school program - curricular and co-curricular - toward the proper physical, social, intellectual and moral
development of the child.
Article 77. Parent-Teacher Associations. - Every elementary and secondary school shall organize a parent-
teacher association for the purpose of providing a forum for the discussion of problems and their solutions,
relating to the total school program, and for insuring the full cooperation of parents in the efficient
implementation of such program. All parents who have children enrolled in a school are encouraged to be
active members of its PTA, and to comply with whatever obligations and responsibilities such membership
entails.
Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school
officials in the enforcement of juvenile delinquency control measures, and in the implementation of programs
and activities to promote child welfare.
CHAPTER III
Miscellaneous
Article 78. Contributions. - No school shall receive or collect from students, directly or indirectly, contributions
of any kind or form, or for any purpose except those expressly provided by law, and on occasions of national
or local disasters in which case the school any accept voluntary contribution or aid from students for
distribution to victims of such disasters or calamities.
TITLE IV.
CHILD AND YOUTH WELFARE AND THE CHURCH
Article 79. Rights of the Church. - The State shall respect the rights of the Church in matters affecting
the religious and moral upbringing of the child.
Article 80. Establishment of Schools. - All churches and religious orders, congregations or groups
may, conformably to law, establish schools for the purpose of educating children in accordance with
the tenets of their religion.
Article 81. Religious Instruction. - The religious education of children in all public and private schools
is a legitimate concern of the Church to which the students belong. All churches may offer religious
instruction in public and private elementary and secondary schools, subject to the requirements of the
Constitution and existing laws.
Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the government
shall extend to all churches, without discrimination or preference, every opportunity to exercise their
influence and disseminate their teachings.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of their Church and
to perform their religious duties. Whenever possible, parents shall accompany their children to the
regular devotion of their Church and other religious ceremonies.
TITLE V.
CHILD AND YOUTH WELFARE AND THE COMMUNITY
CHAPTER I
Duties in General of the State
Article 84. Community Defined. - As used in this Title, a community shall mean, the local government,
together with the society of individuals or institutions, both public and private, in which a child lives.
Article 85. Duties of the Community. - To insure the full enjoyment of the right of every child to live in a
society that offers or guarantee him safety, health, good moral environment and facilities for his
wholesome growth and development, it shall be the duty of the community to:
1. Bring about a healthy environment necessary to the normal growth of children and the
enhancement of their physical, mental and spiritual well-being;
2. Help institutions of learning, whether public or private, achieve the fundamental
objectives of education; lawphi1.net
3. Organize or encourage movements and activities, for the furtherance of the interests of
children and youth;
4. Promote the establishment and maintenance of adequately equipped playgrounds, parks,
and other recreational facilities;
5. Support parent education programs by encouraging its members to attend and actively
participate therein;
6. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating
wayward children;
7. Aid in carrying out special projects for the betterment of children in the remote areas or
belonging to cultural minorities or those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care, training and
protection to destitute, abandoned, neglected, abused, handicapped and disturbed children.
CHAPTER II
Community Bodies Dealing with Child Welfare
SECTION A. Barangay Councils
Article 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to enact
ordinances and resolutions not inconsistent with law or municipal ordinances, as may be necessary to
provide for the proper development and welfare of the children in the community, in consultation with
representatives of national agencies concerned with child and youth welfare.
Article 87. Council for the Protection of Children. - Every barangay council shall encourage the
organization of a local Council for the Protection of Children and shall coordinate with the Council for
the Welfare of Children and Youth in drawing and implementing plans for the promotion of child and
youth welfare. Membership shall be taken from responsible members of the community including a
representative of the youth, as well as representatives of government and private agencies concerned
with the welfare of children and youth whose area of assignment includes the particular barangay and
shall be on a purely voluntary basis.
Said Council shall:
1. Foster the education of every child in the barangay;
2. Encourage the proper performance of the duties of parents, and provide learning
opportunities on the adequate rearing of children and on positive parent-child relationship;
3. Protect and assist abandoned or maltreated children and dependents;
4. Take steps to prevent juvenile delinquency and assist parents of children with behavioral
problems so that they can get expert advise;
5. Adopt measures for the health of children;
 6. Promote the opening and maintenance of playgrounds and day-care centers and other
services that are necessary for child and youth welfare;
7. Coordinate the activities of organizations devoted to the welfare of children and secure
their cooperation; lawphi1.net
8. Promote wholesome entertainment in the community, especially in movie houses; and
9. Assist parents, whenever necessary in securing expert guidance counseling from the
proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute
to parents available literature and other information on child guidance. The Council shall assist
parents, with behavioral problems whenever necessary, in securing expert guidance counseling from
the proper governmental or private welfare agency.
Article 88. Barangay Scholarships. - Barangay funds may be appropriated to provide annual
scholarship for indigent children who, in judgment of the Council for the Protection of Children,
deserve public assistance in the development of their potentialities.
Article 89. Youth Associations in Barangays. - Barangay councils shall encourage membership in civil
youth associations and help these organizations attain their objectives.
Article 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for the payment
of the cost of the uniforms and equipment required by these organizations.
SECTION B. Civic Associations of Adults
Article 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer to any
club, organization or association of individuals twenty-one years of age or over, which is directly or
indirectly involved in carrying out child welfare programs and activities.
Article 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of adults
holding benefits or soliciting contributions pursuant to the provisions of the next preceding article, to
render an accounting of the proceeds thereof to the Department of Social Welfare or to the city or
municipal treasurer, as the case may be.
Article 93. Functions. - Civic associations and youth associations shall make arrangements with the
appropriate governmental or civic organization for the instruction of youth in useful trades or crafts to
enable them to earn a living.
Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations and
youth associations shall be conducted in a peaceful and lawful manner.
Article 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic
associations and youth associations to bring to the attention of the proper authorities the exhibition of
indecent shows and the publication, sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic association,
prohibit any movie, television or radio program offensive to the proprieties of language and behavior.
Commercial advertisements and trailers which are improper for children under eighteen years of age
due to their advocating or unduly suggesting violence, vices, crimes and immorality, shall not be
shown in any movie theater where the main feature is for general patronage nor shall they be used or
shown during or immediately before and after any television or radio program for children.
Article 96. Complaint Against Child Welfare Agency. - Any civic association and any youth association
may complain to the officials of any public or private child-caring agency about any act or omission
therein prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of Children or
the Department of Social Welfare, which shall promptly investigate the matter and take such steps as
may be necessary.
Article 97. Studies and Researches. - The government shall make available such data and technical
assistance as may be needed by civic associations conducting studies and researches on matters
relating to child welfare, including the prevention of juvenile delinquency.
Article 98. Exchange Programs. - Student exchange programs sponsored by civic associations or
youth associations shall receive the support and encouragement of the State.
SECTION C. Youth Associations
Article 99. Youth Associations. - As used in this Title, a youth association shall refer to any club,
organization or association of individuals below twenty-one years of age which is directly or indirectly
involved in carrying out child or youth welfare programs and activities.
Article 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights and
discharge the same responsibilities as civic associations as may be permitted under existing laws.
Article 101. Student Organizations. - All student organization in public or private schools shall include
in their objectives the cultivation of harmonious relations among their members and with the various
segments of the community.
CHAPTER III
Collaboration Between the Home and the Community
Article 102. Proper Atmosphere for Children. - The home shall aid the community in maintaining an
atmosphere conducive to the proper upbringing of children, particularly with respect to their
preparation for adult life and the conscientious discharge of their civic duties as a whole.
Article 103. Unwholesome Influence. - The home and the community shall cooperate with each other in
counteracting and eliminating such influences as may be exerted upon children by useless and
harmful amusements and activities, obscene exhibitions and programs, and establishments inimical
to health and morals.
TITLE VI.
CHILD AND YOUTH WELFARE AND THE SAMAHAN
CHAPTER I
Duties in General of the Samahan
Article 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the
aggregate of persons working in commercial, industrial, and agricultural establishments or
enterprises, whether belonging to labor or management.
Article 105. Organization. - The barangay, municipal and city councils, whenever necessary, shall
provide by ordinance for the formation and organization of a samahan in their respective communities.
Membership in the samahan shall be on voluntary basis from among responsible persons from the
various sectors of the community mentioned in the preceding article.
Article 106. Duties of the Samahan. - The Samahan shall:
1. Prevent the employment of children in any kind of occupation or calling which is harmful
to their normal growth and development;
2. Forestall their exploitation by insuring that their rates of pay, hours of work and other
conditions of employment are in accordance not only with law but also with equity;
3. Give adequate protection from all hazards to their safety, health, and morals, and secure
to them their basic right to an education; lawphi1.net
4. Help out-of-school youth to learn and earn at the same time by helping them look for
opportunities to engage in economic self-sufficient projects;
5. To coordinate with vocational and handicraft classes in all schools and agencies in the
barangay, municipality or city to arrange for possible marketing of the products or articles
made by the students; and
6. Provide work experience, training and employment in those areas where the restoration
and conservation of our natural resources is deemed necessary.
CHAPTER II
Working Children
Article 107. Employment of Children Below Sixteen Years. - Children below sixteen years of age may
be employed to perform light work which is not harmful to their safety, health or normal development
and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment of
children are hereby adopted as part of this Code insofar as not inconsistent herewith.
Article 108. Duty of Employer to Submit Report. - The employer shall submit to the Department of
Labor a report of all children employed by him. A separate report shall be made of all such children
who are found to be handicapped after medical examination. The Secretary of Labor shall refer such
handicapped children to the proper government or private agencies for vocational guidance, physical
and vocational rehabilitation, and placement in employment.
Article 109. Register of Children. - Every employer in any commercial, industrial or agricultural
establishment or enterprise shall keep:
1. A register of all children employed by him, indicating the dates of their birth;
2. A separate file for the written consent to their employment given by their parents or
guardians;
3. A separate file for their educational and medical certificates; and
4. A separate file for special work permits issued by the Secretary of Labor in accordance
with existing laws.
Article 110. Education of Children Employed as Domestics. - If a domestic is under sixteen years of
age, the head of the family shall give him an opportunity to complete at least elementary education as
required under Article 71. The cost of such education shall be a part of the domestic's compensation
unless there is a stipulation to the contrary.
CHAPTER III
Labor-Management Projects
Article 111. Right to Self-Organization. - Working children shall have the same freedoms as adults to
join the collective bargaining union of their own choosing in accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce working children to
join, continue or withdraw as members of such union.
Article 112. Conditions of Employment. - There shall be close collaboration between labor and
management in the observance of the conditions of employment required by law for working children.
Article 113. Educational Assistance Programs. - The management may allow time off without loss or
reduction of wages for working children with special talents to enable them to pursue formal studies in
technical schools on scholarships financed by management or by the collective bargaining union or
unions.
Article 114. Welfare Programs. - Labor and management shall, in cooperation with the Women and
Minors Bureau of the Department of Labor, undertake projects and in-service training programs for
working children which shall improve their conditions of employment, improve their capabilities and
physical fitness, increase their efficiency, secure opportunities for their promotion, prepare them for
more responsible positions, and provide for their social, educational and cultural advancement.
Article 115. Research Projects. - Labor and management shall cooperate with any government or
private research project on matters affecting the welfare of working children.
CHAPTER IV
Collaboration Between the Home and the Samahan
Article 116. Collaboration Between the Home and the Samahan. - The home shall assist the Samahan
in the promotion of the welfare of working children and for this purpose shall:
1. Instill in the hearts and minds of working children the value of dignity of labor;
2. Stress the importance of the virtues of honesty; diligence and perseverance in the
discharge of their duties;
3. Counsel them on the provident use of the fruits of their labor for the enrichment of their
lives and the improvement of their economic security; and
4. Protect their general well-being against exploitation by management or unions as well as
against conditions of their work prejudicial to their health, education, or morals.
TITLE VII.
CHILD AND YOUTH WELFARE AND THE STATE
CHAPTER I
Regulation of Child and Youth Welfare Services
Article 117. Classifications of Child and Youth Welfare Agencies. - Public and private child welfare
agencies providing encouragement, care, and protection to any category of children and youth
whether mentally gifted, dependent, abandoned, neglected, abused, handicapped, disturbed, or
youthful offenders, classified and defined as follows, shall be coordinated by the Department of Social
Welfare:
 1. A child-caring institution is one that provides twenty-four resident group care service for
the physical, mental, social and spiritual well-being of nine or more mentally gifted,
dependent, abandoned, neglected, handicapped or disturbed children, or youthful
offenders.
2. An institution, whose primary purpose is education, is deemed to be a child-caring
institution when nine or more of its pupils or wards in the ordinary course of events do not
return annually to the homes of their parents or guardians for at least two months of
summer vacation.
3. A detention home is a twenty-four hour child-caring institution providing short term
resident care for youthful offenders who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
4. A shelter-care institution is one that provides temporary protection and care to children
requiring emergency reception as a result of fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty in the home, being without adult care because of
crisis in the family, or a court order holding them as material witnesses.
5. Receiving homes are family-type homes which provides temporary shelter from ten to
twenty days for children who shall during this period be under observation and study for
eventual placement by the Department of Social Welfare. The number of children in a
receiving home shall not at any time exceed nine: Provided, That no more than two of them
shall be under three years of age.
6. A nursery is a child-caring institution that provides care for six or more children below
six years of age for all or part of a twenty-four hour day, except those duly licensed to offer
primarily medical and educational services.
7. A maternity home is an institution or place of residence whose primary function is to give
shelter and care to pregnant women and their infants before, during and after delivery.
8. A rehabilitation center is an institution that receives and rehabilitates youthful offenders
or other disturbed children.
9. A reception and study center is an institution that receives for study, diagnosis, and
temporary treatment, children who have behavioral problems for the purpose of
determining the appropriate care for them or recommending their permanent treatment or
rehabilitation in other child welfare agencies.
10. A child-placing agency is an institution or person assuming the care, custody,
protection and maintenance of children for placement in any child-caring institution or
home or under the care and custody of any person or persons for purposes of adoption,
guardianship or foster care. The relatives of such child or children within the sixth degree
of consanguinity or affinity are excluded from this definition.
Article 118. License Required. - No private person, natural or juridical, shall establish, temporarily or
permanently, any child welfare agency without first securing a license from the Department of Social
Welfare.
Such license shall not be transferable and shall be used only by the person or institution to which it
was issued at the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly defined and stated
in writing. Such definition shall include the geographical area to be served, the children to be accepted
for care, and the services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine laws.
Article 119. Guiding Principles. - The protection and best interests of the child or children therein shall
be the first and basic consideration in the granting, suspension or revocation of the license mentioned
in the preceding article.
Article 120. Revocation or Suspension of License. - The Department of Social Welfare may, after notice
and hearing , suspend or revoke the license of a child welfare agency on any of the following grounds:
1. That the agency is being used for immoral purposes;
2. That said agency is insolvent or is not in a financial position to support and maintain the
children therein or to perform the functions for which it was granted license;
3. That the children therein are being neglected or are undernourished;
4. That the place is so unsanitary so as to make it unfit for children;
5. That said agency is located in a place or community where children should not be, or is
physically dangerous to children or would unduly expose children to crime, vice,
immorality, corruption or severe cruelty; or
6. That said agency has by any act or omission shown its incompetence or unworthiness to
continue acting as a child welfare agency. During the period of suspension, the agency
concerned shall not accept or admit any additional children. In any case, the Department of
Social Welfare shall make such order as to the custody of the children under the care of
such agency as the circumstances may warrant. The suspension may last for as long as the
agency has not complied with any order of the Department of Social Welfare to remove or
remedy the conditions which have risen to the suspension. The aggrieved agency may
appeal the suspension and/or revocation in a proper court action. In such case, the court
shall within fifteen days from the filing of the Department of Social Welfare's answer,
conduct a hearing and decide the case, either by lifting the suspension, or continuing it for
such period of time as it may order, or by revoking the license of the agency where the
Department of Social Welfare has proven the revocation to be justified.
Article 121. Responsible Government Body. - The governing body of a child welfare agency or
institution shall be composed of civic leaders or persons of good standing in the community. The
administrator must be a competent person qualified by education or experience or both to serve as
such.
Article 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or
corporation may be both a child-caring institution and a child-placement agency and it may be
licensed to carry out both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by training
to make thorough studies of every prospective family home. Staff arrangements must also be made
for continuing supervision of the children staying in family homes so long as the children remain in
the legal custody of the agency.
Article 123. Responsible Staff of Employees. - The licensee shall choose its employees who shall be
persons of good health and character, and whenever possible, the higher rank of employees shall in
addition have training, preferably in child psychology.
Article 124. Intake Study and Periodic Investigations. - The licensee shall undertake investigations to
determine if the acceptance or continued stay of a child in its institution is necessary. Each licensee
shall make provisions for continuing services, including social casework for every child under its care.
Article 125. Records. - The licensee shall keep confidential records of every child in its study. These
records shall be made available only to such persons as may be authorized by the Department of
Social Welfare or by the proper court.
Article 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the children with a
pleasant atmosphere that shall approximate as nearly as possible the conditions of an ideal home.
Vocational rehabilitation shall also be provided in accordance with existing law and the particular
needs of the children.
Article 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to satisfy the child's
total nutritional requirements.
Article 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate clothing for
every child under its care.
Article 129. Physical Surroundings and Outings. - The licensee shall maintain a building adequate both
in ventilation and sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to make the
children aware of their vital role in their community and country.
Article 130. Medical and Nursing Care. - The licensee shall provide adequate medical and nursing care
for sick children who may be confined due to illness.
Article 131. Religious Training. - The licensee shall provide opportunities for religious training to
children under its custody, taking into consideration the religious affiliation or express wishes of the
child or his parents. For such purpose, it shall have a defined policy regarding its religious activities
for the information of those wishing to place children in its care.
Article 132. Annual Report. - Every child welfare agency or institution shall submit to the Department
of Social Welfare an annual report setting forth a brief summary of its operations during the preceding
year, including the funds received during said period, the sources thereof, the purposes for which they
were spent and the cash position of the agency or institution as of the date of the report, number of
children admitted, and such other information as may be required by the Department of Social Welfare.
CHAPTER II
Collaboration Between the Home and the State
Article 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents in the proper
upbringing of the child, the State shall, whenever possible, in collaboration and cooperation with local
government establish:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies;
4. Orphanages and other similar institutions; and
5. Children's recreation centers.
Article 134. Puericulture or Health Centers. - Puericulture or health centers shall be established in every
barangay to perform, among other things, the following functions:
1. Disseminate information concerning the health of children and expectant or nursing mothers;
2. Provide consultation service and treatment, whenever necessary, for the children and the
expectant or nursing mothers;
3. Provide guidance and special treatment to children with physical handicaps; and
4. Advise child welfare institutions on matters relating to nutrition and hygiene.
Article 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts shall, as far
as practicable, be established in every province or city to hear and decide cases involving juvenile and
domestic problems.
Article 136. Regional Child Welfare Agencies. - The State shall, whenever practicable, establish regional child
welfare agencies, orphanages and other similar institutions to provide care for the children mentioned in Title
VIII of this Code.
Article 137. Children's Reading and Recreation Centers. - The State shall establish in every barangay reading
centers and recreation centers where children may meet and play together for their healthy growth and their
social and cultural development.
Article 138. Parent Education Program. - The Department of Social Welfare shall from time to time hold a
Parent Education Congress, which shall aim to enable parents to understand child growth and development,
parent-child relationship, family life, and family-community relationship, and to improve their ability to
discharge their duties.
Article 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew hours for
children as may be warranted by local conditions. The duty to enforce curfew ordinances shall devolve upon
the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this article shall be
admonished by the Department of Social Welfare or the Council for the Protection of Children.
Article 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm, conflagration,
epidemic, or other calamity, the State shall give special assistance to children whenever necessary. The
Department of Social Welfare shall take immediate custody of dependent children and give temporary shelter
to orphaned or displaced children (who are separated from their parents or guardian).
TITLE VIII.
SPECIAL CATEGORIES OF CHILDREN
CHAPTER I
Dependent, Abandoned and Neglected Children
Article 141. Definition of Terms. - As used in this Chapter:
1. A dependent child is one who is without a parent, guardian or custodian; or one whose parents,
guardian or other custodian for good cause desires to be relieved of his care and custody; and is
dependent upon the public for support.
2. An abandoned child is one who has no proper parental care or guardianship, or whose parents
or guardians have deserted him for a period of at least six continuous months.
3. A neglected child is one whose basic needs have been deliberately unattended or inadequately
attended. Neglect may occur in two ways:
 (a) There is a physical neglect when the child is malnourished, ill clad and without
proper shelter.
(b) A child is unattended when left by himself without provisions for his needs and/or
without proper supervision.
(c) Emotional neglect exists: when children are maltreated, raped or seduced; when
children are exploited, overworked or made to work under conditions not conducive to
good health; or are made to beg in the streets or public places, or when children are in
moral danger, or exposed to gambling, prostitution and other vices.
4. Commitment or surrender of a child is the legal act of entrusting a child to the care of the
Department of Social Welfare or any duly licensed child placement agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through the termination of
parental or guardianship rights by reason of abandonment, substantial and continuous
or repeated neglect and/or parental incompetence to discharge parental responsibilities,
and in the manner, form and procedure hereinafter prescribed.
(b) Voluntary commitment, through the relinquishment of parental or guardianship
rights in the manner and form hereinafter prescribed.
Article 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare
Secretary or his authorized representative or any duly licensed child placement agency having knowledge of a
child who appears to be dependent, abandoned or neglected, may file a verified petition for involuntary
commitment of said child to the care of any duly licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First
Instance of the province or City Court in which the parents or guardian resides or the child is found.
Article 143. Contents of Petition: Verification. - The petition for commitment must state so far as known to the
petitioner:
1. The facts showing that the child is dependent, abandoned, or neglected;
2. The names of the parent or parents, if known, and their residence. If the child has no parent or
parents living, then the name and residence of the guardian, if any; and
3. The name of the duly licensed child placement agency or individual to whose care the
commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Article 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the court shall
fix a date for the hearing thereof. If it appears from the petition that one or both parents of the child, or the
guardian, resides in province or city, the clerk of court shall immediately issue summons, together with a copy
of the petition, which shall be served on such parent or guardian not less than two days before the time fixed
for the hearing. Such summons shall require them to appear before the court on the date mentioned.
Article 145. When Summons Shall Not be Issued. - The summons provided for in the next preceding article
shall not be issued and the court shall thereupon proceed with the hearing of the case if it appears from the
petition that both parents of the child are dead or that neither parent can be found in the province or city and
that the child has no guardian residing therein.
Article 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the child can
be found in the province or city, it shall be the duty of the court to appoint some suitable person to represent
him.
Article 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State, seeing to it that there has
been due notice to all parties concerned and that there is justification for the declaration of dependency,
abandonment or neglect.
The legal services section of the Department of Social Welfare, any recognized legal association, or any
appointed de officio counsel shall prepare the petition for the Secretary of the Department of Social Welfare,
his representative or the head of the duly licensed child placement agency, or the duly licensed individual and
represent him in court in all proceedings arising under the provisions of this Chapter.
Article 148. Hearing. - During the hearing of the petition, the child shall be brought before the court, which
shall investigate the facts and ascertain whether he is dependent, abandoned, or neglected, and, if so, the
cause and circumstances of such condition. In such hearing, the court shall not be bound by the technical
rules of evidence.
Failure to provide for the child's support for a period of six months shall be presumptive evidence of the intent
to abandon.
Article 149. Commitment of Child. - If, after the hearing, the child is found to be dependent, abandoned, or
neglected, an order shall be entered committing him to the care and custody of the Department of Social
Welfare or any duly licensed child placement agency or individual.
Article 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the abandonment
or neglect of any child may be remedied, it may permit the child to stay in his own home and under the care
and control of his own parents or guardian, subject to the supervision and direction of the Department of
Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to remain with his parents or
guardian, it may commit the child in accordance with the next preceding article.
Article 151. Termination of Rights of Parents. - When a child shall have been committed to the Department of
Social Welfare or any duly licensed child placement agency or individual pursuant to an order of the court, his
parents or guardian shall thereafter exercise no authority over him except upon such conditions as the court
may impose.
Article 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or any duly
licensed child placement agency or individual receiving a child pursuant to an order of the court shall be the
legal guardian and entitled to his legal custody and control, be responsible for his support as defined by law,
and when proper, shall have authority to give consent to his placement, guardianship and/or adoption.
Article 153. Change of Custody. - The Department of Social Welfare shall have the authority to change the
custody of a child committed to and duly licensed child placement agency or individual if it appears that such
change is for the best interests of the child. However, when conflicting interests arise among child placement
agencies the court shall order the change of commitment of the child.
Article 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a dependent,
abandoned or neglected child may voluntarily commit him to the Department of Social Welfare or any duly
licensed child placement agency or individual subject to the provisions of the next succeeding articles.
Article 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the preceding article
unless he is surrendered in writing by his parents or guardian to the care and custody of the Department of
Social Welfare or duly licensed child placement agency. In case of the death or legal incapacity of either
parent or abandonment of the child for a period of at least one year, the other parent alone shall have the
authority to make the commitment. The Department of Social Welfare, or any proper and duly licensed child
placement agency or individual shall have the authority to receive, train, educate, care for or arrange
appropriate placement of such child.
Article 156. Legal Custody. - When any child shall have been committed in accordance with the preceding
article and such child shall have been accepted by the Department of Social Welfare or any duly licensed child
placement agency or individual, the rights of his natural parents, guardian, or other custodian to exercise
parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control of such child during his minority, and
shall have authority to care for, educate, train and place him out temporarily or for custody and care in a duly
licensed child placement agency. Such agency or individual may intervene in adoption proceedings in such
manner as shall best inure to the child's welfare.
Article 157. Visitation or Inspection. - Any duly licensed child placement agency or individual receiving a
judicial order or by voluntary commitment by his parents or guardian shall be subject to visitation or inspection
by a representative of the court or of the Department of Social Welfare or both, as the case may be.
Article 158. Report of Person or Institution. - Any duly licensed child placement agency or individual receiving
a child for commitment may at any time be required by the Department of Social Welfare to submit a report,
copy furnished the court, containing all necessary information for determining whether the welfare of the child
is being served.
Article 159. Temporary Custody of Child. - Subject to regulation by the Department of Social Welfare and with
the permission of the court in case of judicial commitment, the competent authorities of any duly licensed child
placement agency or individual to which a child has been committed may place him in the care of any suitable
person, at the latter's request, for a period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not being given proper care, or
at his own request, or at the instance of the agency or person receiving him.
Article 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution to which he
has been judicially or voluntarily committed or the person under whose custody he has been placed in
accordance with the next preceding article, or for any person to induce him to leave such person or institution,
except in case of grave physical or moral danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine of
not more than two thousand pesos, or both such fine and imprisonment at the discretion of the court: Provided,
That if the violation is committed by a foreigner, he shall also be subject to deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or mitigate the
offense as circumstances shall warrant.
Article 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of a child
are dead or, if living, have abandoned him, for no valid reason, for at least six months in a duly licensed child
placement agency or hospital, or left him with any other person for the same period without providing for his
care and support, such fact shall be reported immediately to the Department of Social Welfare. In case of a
child left in a hospital, immediate transfer of the child to the Department of Social Welfare or any duly licensed
child placement agency must be arranged. The Department of Social Welfare shall make provisions for the
adequate care and support of the child and shall take such action as it may deem proper for his best interests.
Article 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an application by
any person to adopt a dependent, abandoned or neglected child in the custody of any institution or individual
mentioned in Article 156, it shall be the duty of the provincial or city fiscal, any recognized legal association, or
any appointed de officio counsel upon being informed of such fact, to represent the Department of Social
Welfare in the proceedings. The costs of such proceedings shall be de officio.
Article 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child
committed to the care of a person, agency or institution by judicial order may petition the proper court for the
restoration of his rights over the child: Provided, That the child in the meantime, has not been priorly given
away in adoption nor has left the country with the adopting parents or the guardian. The petition shall be
verified and shall state that the petitioner is now able to take proper care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and cause
reasonable notice thereof to be sent to the petitioner and to the person, agency or institution to which the child
has been committed. At the trial, any person may be allowed, at the discretion of the court, to contest the right
to the relief demanded, and witnesses may be called and examined by the parties or by the court motu proprio.
If it is found that the cause for the commitment of the child no longer exists and that the petitioner is already
able to take proper care and custody of the child, the court, after taking into consideration the best interests
and the welfare of the child, shall render judgment restoring parental authority to the petitioner.
Article 164. Restoration After Voluntary Commitment. - Upon petition filed with the Department of Social
Welfare the parent or parents or guardian who voluntarily committed a child may recover legal custody and
parental authority over him from the agency, individual or institution to which such child was voluntarily
committed when it is shown to the satisfaction of the Department of Social Welfare that the parent, parents or
guardian is in a position to adequately provide for the needs of the child: Provided, That, the petition for
restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished with a copy of
the petition and shall be given the opportunity to be heard.
Article 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a person or
child welfare agency to whose custody a child has been committed by the court based on neglect of such child
as defined in Article 141(3). If the court, after notice and hearing, is satisfied that the allegations of the petition
are true and that it is for the best interest and welfare of the child the court shall issue an order taking him from
the custody of the person or agency, as the case may be, and committing him to the custody of another duly
licensed child placement agency or individual.
The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the
court may deem proper, in the same proceeding.
Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as
private physicians providing treatment shall, within forty-eight hours from knowledge of the case, report in
writing to the city or provincial fiscal or to the Local Council for the Protection of Children or to the nearest unit
of the Department of Social Welfare, any case of a maltreated or abused child, or exploitation of an employed
child contrary to the provisions of labor laws. It shall be the duty of the Council for the Protection of Children or
the unit of the Department of Social Welfare to whom such a report is made to forward the same to the
provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such
report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no
information relating thereto shall be disclosed except in connection with any court or official proceeding based
on such report. Any person disclosing confidential information in violation of this provision shall be punished by
a fine of not less than one hundred pesos nor more than five thousand pesos, or by imprisonment for not less
than thirty days nor more than one year, or both such fine and imprisonment, at the discretion of the court.
Article 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations, physicians,
nurses, hospitals, clinics and other entities which shall in good faith report cases of child abuse, neglect,
maltreatment or abandonment or exposure to moral danger be free from any civil or criminal liability arising
therefrom.
CHAPTER II
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children
Article 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, throughout the nation. There shall be established area centers designed to bring together an aggregate of
socially inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally services to serve all ages of the disabled within a specified geographical area.
subnormal; (3) retarded intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as
a result of constitutional origin, through hereditary or disease, and (6) essentially incurable.
Article 176. Donations. - Donations to agencies and organizations engaged in programs and services for
disabled children shall be deductible in accordance with the provision of Presidential Decree No. 507.
Article 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications:

1. Custodial Group. The members of this classification are severely or profoundly retarded, hence,
the least capable group. This includes those with I.Q.s to 25.
2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about
50; one who belongs to this group shows a mental level and rate of development which is 1/4 to
1/2 that of the average child, is unable to acquire higher academic skills, but can usually acquire
the basic skills for living to a reasonable degree. He can likewise attain a primary grade level of
education if he receives effective instruction.
Article 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically
handicapped, emotionally disturbed, or mentally ill, and needs institutional care but his parents or guardians
are opposed thereto, the Department of Social Welfare, or any duly licensed child placement agency or
individual shall have the authority to file a petition for commitment of the said child to any reputable institution
providing care, training and rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate placement can be
arranged for the disabled child when the welfare and interest of the child is at stake.

Article 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile and
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual Domestic Relations Court, if any, or with the Court of First Instance of the province or City Court where the
development is approximately 1/2 to 3/4 of that expected of a normal child of the same parent or guardian resides or where the child is found.
chronological age. The degree of success or accomplishment that they will reach in life depends
very much on the quality and type of education they receive, as well as on the treatment at home
and in the community. Many of the educable retardates may reach 5th or 6th grade educational Article 179. Contents of Petition. - The petition for commitment must state so far as known to the petitioner:
level and can develop occupational skills which may result in partial or complete economic
independence in adulthood.
1. The facts showing that the child appears to be mentally retarded, physically handicapped,
emotionally disturbed or mentally ill and needs institutional care;
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from
about 75 to about 89. The members of this classification are only slightly retarded and they can
2. The Fact that the parents or guardians or any duly licensed disabled child placement agency, as
usually get by in regular classes if they receive some extra help, guidance and consideration. They
the case may be, has opposed the commitment of such child;
have to spend much more time with their studies than do most children in order to pass. Those
who cannot make it are usually handicapped by one or more other conditions aside from that of
intelligence. 3. The name of the parents and their residence, if known or if the child has no parents or parent
living, the names and residence of the guardian, if any; and
Article 170. Physically Handicapped Children. - Physically handicapped children are those who are crippled,
deaf-mute, blind, or otherwise defective which restricts their means of action on communication with others. 4. The name of the institution where the child is to be committed.

Article 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not
afflicted with insanity or mental defect, are unable to maintain normal social relations with others and the
community in general due to emotional problems or complexes.
Article 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether
functional or organic, which is of such a degree of severity as to require professional help or hospitalization.
Article 173. Admission of Disabled Children. - The Department of Social Welfare, upon the application of the
parents or guardians and the recommendation of any reputable diagnostic center or clinic, shall refer and/or
admit disabled children to any public or private institution providing the proper care, training and rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped,
emotionally disturbed, and severe mentally ill children.
Article 174. Training and Opportunities for Disabled Children. - Specialized educational services shall be
expanded and improved to provide appropriate opportunities for disabled children. Vocational rehabilitation
and manpower conservation agencies shall train disabled children for specialized types of jobs, services and
business which could be learned only by them and shall help provide opportunities for their future occupational
placement: That the agencies and organizations engaged in programs and services for the disabled need not
be limited to minors. Persons of legal age may be admitted whenever facilities are available for them.
Article 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by the
disabled children shall be developed and shall be the basis for planning expanded programs and services
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Article 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by an order
reciting the purpose of the petition, shall fix the date for the hearing thereof, and a copy of such order shall be
served on the child alleged to be mentally retarded, or physically handicapped, or emotionally disturbed, or
mentally ill, and on the person having charge of him or any of his relatives residing in the province or city as
the judge may deem proper. The court shall furthermore order the sheriff to produce, if possible, the alleged
disabled child on the date of the hearing.
Article 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is for him
or the public welfare and that his parents, or guardian or relatives are unable for any reason to take proper
care of him, the Court shall order his commitment to the proper institution for disabled children.
Article 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make proper
provisions for the custody of property or money belonging to the committed child.
Article 183. Findings and Other Data. - The Court shall furnish the institution to which the child has been
committed with a copy of its judgment, together with all the social and other data pertinent to the case.
Article 184. Expenses. - The expense of maintaining a disabled child in the institution to which he has been
committed shall be borne primarily by the parents or guardian and secondarily, by such disabled child, if he
has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with
the next preceding paragraph, the same, or such part thereof as may remain unpaid, shall be borne by the
Department of Social Welfare.
Article 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed to the
institution which under the circumstances of the particular child concerned is best equipped to treat and care
for him.
Article 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any child
judicially committed to an institution for disabled children if it is certified by the Department of Social Welfare
that:
1. He has been certified by the duly licensed disabled child placement agency to be no longer a
hazard to himself or to the community;
2. He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit
to engage in a gainful occupation; or
3. He has been relieved of his emotional problems and complexes and is ready to assume normal
social relations.
Article 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an institution for
disabled children may be discharged by the Department of Social Welfare motu proprio or upon the request of
his parents or guardian on any of the grounds specified in the preceding article. In the latter case, the
Department of Social Welfare may refuse to discharge the child if, in its opinion, his release would be
prejudicial to him or to the community.
Article 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the Department of Social
Welfare or any recognized legal association in all judicial matters arising under the provisions of this Chapter.
CHAPTER III
Youthful Offenders
Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under twenty-
one years of age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be
committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the
court and subject to its supervision. The same shall be done for a child over nine years and under fifteen years
of age at the time of the commission of the offense, unless he acted with discernment, in which case he shall
be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this
Chapter.
Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency concerned
to take the youthful offender, immediately after his apprehension, to the proper medical or health officer for a
thorough physical and mental examination. Whenever treatment for any physical or mental defect is indicated,
steps shall be immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful offender.
Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical
and mental examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be
committed to the care of the Department of Social Welfare or the local rehabilitation center or a detention
home in the province or city which shall be responsible for his appearance in court whenever required:
Provided, That in the absence of any such center or agency within a reasonable distance from the venue of
the trial, the provincial, city and municipal jail shall provide quarters for youthful offenders separate from other
detainees. The court may, in its discretion, upon recommendation of the Department of Social Welfare or other
agency or agencies authorized by the Court, release a youthful offender on recognizance, to the custody of his
parents or other suitable person who shall be responsible for his appearance whenever required.
Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence in
the proper proceedings, the court should find that the youthful offender has committed the acts charged
against him the court shall determine the imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and
shall commit such minor to the custody or care of the Department of Social Welfare, or to any training
institution operated by the government, or duly licensed agencies or any other responsible person, until he
shall have reached twenty-one years of age or, for a shorter period as the court may deem proper, after
considering the reports and recommendations of the Department of Social Welfare or the agency or
responsible individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department of
Social Welfare or any duly licensed agency or such other officer as the Court may designate subject to such
conditions as it may prescribe.
Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of the
court in the same manner as appeals in criminal cases.
Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of the
youthful offender whose sentence has been suspended shall be borne by his parents or those persons liable
to support him: Provided, That in case his parents or those persons liable to support him can not pay all or part
of said expenses, the municipality in which the offense was committed shall pay one-third of said expenses or
part thereof; the province to which the municipality belongs shall pay one-third; and the remaining one-third
shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses; and in case
a chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid
portion shall be withheld and applied to the settlement of said indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local detention
homes for youthful offenders.
Article 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly
licensed agency or individual under whose care the youthful offender has been committed shall submit to the
court every four months or oftener as may be required in special cases, a written report on the conduct of said
youthful offender as well as the intellectual, physical, moral, social and emotional progress made by him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender
whose sentence has been suspended, has behaved properly and has shown his capability to be a useful
member of the community, even before reaching the age of majority, upon recommendation of the Department
of Social Welfare, it shall dismiss the case and order his final discharge.
Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found
incorrigible or has wilfully failed to comply with the conditions of his rehabilitation programs, or should his
continued stay in the training institution be inadvisable, he shall be returned to the committing court for the
pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine
whether to dismiss the case in accordance with the next preceding article or to pronounce the judgment of
conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence with
the full time spent in actual commitment and detention effected under the provisions of this Chapter.
Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to the
provisions of this Chapter shall not obliterate his civil liability for damages. Such release shall be without
prejudice to the right for a writ of execution for the recovery of civil damages.
Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is pronounced
in accordance with the provisions of Article 197, and at the time of said pronouncement the youthful offender is
still under twenty-one, he shall be committed to the proper penal institution to serve the remaining period of his
sentence: Provided, That penal institutions shall provide youthful offenders with separate quarters and, as far
as practicable, group them according to appropriate age levels or other criteria as will insure their speedy
rehabilitation: Provided, further, That the Bureau of Prisons shall maintain agricultural and forestry camps
where youthful offenders may serve their sentence in lieu of confinement in regular penitentiaries.
Article 200. Records of Proceedings. - Where a youthful offender has been charged before any city or
provincial fiscal or before any municipal judge and the charges have been ordered dropped, all the records of
the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him
to an institution and subsequently releases him pursuant to this Chapter, all the records of his case shall be
destroyed immediately after such acquittal, dismissal or release, unless civil liability has also been imposed in
the criminal action, in which case such records shall be destroyed after satisfaction of such civil liability. The
youthful offender concerned shall not be held under any provision of law, to be guilty of perjury or of
concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the National Bureau
of Investigation and with any police department, or any other government agency which may have been
involved in the case.
Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful offender
shall devolve upon the offender's father and, in case of his death or incapacity, upon the mother, or in case of
her death or incapacity, upon the guardian. Civil liability may also be voluntarily assumed by a relative or
family friend of the youthful offender.
Article 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare of Children is
hereby established under the Office of the President. The Council shall be composed of the Secretary of
Social Welfare as Chairman, and seven members, namely: The Secretary of Justice, the Secretary of Labor,
the Secretary of Education and Culture, the Secretary of Health, the Presiding Judge of the Juvenile and
Domestic Relations Court, City of Manila, and two representatives of voluntary welfare associations to be
appointed by the President of the Philippines, each of whom shall hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to be appointed by
the Chairman and approved by a majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council shall receive a per
diem of one hundred pesos for every meeting actually attended, but the total amount of per diem that the
Chairman and a member may receive in a month shall in no case exceed five hundred pesos.
Article 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of any funds in the
National Treasury not otherwise appropriated, for the operation and maintenance of the Council for the
Welfare of Children and Youth during the fiscal year. Thereafter, such sums as may be necessary for its
operation and maintenance shall be included in the General Appropriations Decree.
CHAPTER II
Powers and Responsibilities
Article 207. Powers and Functions. - The Council for the Welfare of Children and Youth shall have the
following powers and functions:
1. To coordinate the implementation and enforcement of all laws relative to the promotion of child
and youth welfare;
2. To prepare, submit to the President and circulate copies of long-range programs and goals for
the physical, intellectual , emotional, moral, spiritual, and social development of children and youth,
and to submit to him an annual report of the progress thereof;

Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional rehabilitation
3. To formulate policies and devise, introduce, develop and evaluate programs and services for the
centers for youthful offenders. The local government and other non-governmental entities shall collaborate and
general welfare of children and youth;
contribute their support for the establishment and maintenance of these facilities.

4. To call upon and utilize any department, bureau, office, agency, or instrumentality, public,
Article 203. Detention Homes. - The Department of Local Government and Community Development shall
private or voluntary, for such assistance as it may require in the performance of its functions;
establish detention homes in cities and provinces distinct and separate from jails pending the disposition of
cases of juvenile offenders.
5. Perform such other functions as provided by law.
Article 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their
Children or Wards. - A person whether the parent or guardian of the child or not, who knowingly or wilfully, Article 208. Offices to Coordinate with the Council for Welfare of Children. - The following offices and
agencies shall coordinate with the Council for the Welfare of Children and Youth in the implementation of laws
and programs on child and youth welfare:
1. Aids, causes, abets or connives with the commission by a child of a delinquency, or

1. Department of Justice
2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile
delinquent, shall be punished by a fine not exceeding five hundred pesos or to imprisonment for a
period not exceeding two years, or both such fine and imprisonment, at the discretion of the court. 2. Department of Social Welfare

TITLE IX. 3. Department of Education and Culture

COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH

4. Department of Labor
CHAPTER I
Creation and Composition
5. Department of Health
 6. Department of Agriculture
7. Department of Local Government and Community Development;
8. Local Councils for the Protection of Children; and such other government and private agencies
which have programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other government and private
child and youth welfare agencies as may be hereafter created shall be implemented by such agencies:
Provided, That, with the exception of those proposed by the Local Councils for the Protection of Children, all
long-range child and youth welfare programs shall, before implementation, be indorsed by the agencies
concerned to their respective departments, which shall in turn indorse the same to the Council for the Welfare
on Children and Youth, for evaluation, cooperation and coordination.
CHAPTER III
Implementation of Code and Rule-Making Authority
Article 209. Implementation of this Code and Rule-Making Authority. - The enforcement and implementation
of this Code shall be the primary responsibility of the Council for the Welfare of Children. Said Council shall
have authority to promulgate the necessary rules and regulations for the purpose of carrying into effect the
provisions of this Code.
FINAL PROVISIONS
Article 210. General Penalty. - Violations of any provisions of this Code for which no penalty is specifically
provided shall be punished by imprisonment not exceeding one month or a fine not exceeding two hundred
pesos, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for
in the Revised Penal Code or special laws.
Article 211. Repealing Clause. - All laws or parts of any laws inconsistent with the provisions of this Code are
hereby repealed or modified accordingly: Provided, That the provisions of the Dangerous Drugs Act of 1972
and amendments thereto shall continue to be in force and shall not be deemed modified or repealed by any
provision of this Code.
Article 212. Separability Clause. - If any provision of this Code is held invalid, the other provisions not affected
thereby shall continue in operation.
Article 213. Effectivity Clause. - This Code shall take effect six months after its approval.
A .M . N O. 0 2 -1 - 19 -S C
R E : P R OP OS E D R U L E ON C O M M ITM E N T O F C H I LD R E N
A c ti n g on t he l e tt e r of th e c ha i rm a n o f th e c om m i tt ee o n r ev i s i on o f t h e rul e s o f
c o ur ts u bm i t ti ng f o r t hi s c o u rt ’ s c o ns i d e ra ti on a n d a pp r ov a l t he pr o po s e d r ul e o n
c om m i tm e nt o f c h i l d r e n, t he c o u rt r es ol v e d t o a pp r ov e th e s am e .
T he r ul e s hal l tak e ef fe c t o n A p ri l 1 5, 20 0 2 fol l o w i ng i t s p ub l i c a t i o n i n a ne w s p ap e r of
ge n er al c i r c ul a ti on n o t l at e r th a n Ma r c h 15 , 2 00 2.
F eb r ua r y 2 8 , 2 00 2.
__________________
R U LE O N TH E C O M M I TM E N T O F C H I LD R E N
S E C T I O N 1. O b j e c ti ve , -T h e ob j e c t i v e o f t hi s R ul e i s t o e ns ur e t h at ev e r y e f f o rt i s
e x er t ed t o p r om o t e t h e c hi l d’ s wel f ar e an d e nh a nc e hi s o p p or t uni t i es f or a us ef ul a n d
ha p p y l i f e, T o w a r d t hi s en d , t h i s R ul e s e ek s t o p ro t e c t t h e c hi l d f rom al l f o rm s o f n e gl e c t ,
ab u s e , c r u el t y, e x p l o i t at i o n a nd o t h e r c o n di t i o ns p r ej ud i c i al t o hi s d e v e l o pm e n t .
S E C . 2 . I nt er pr e t at i o n . -T h e be s t i n t e r es t s o f t h e c hi l d s h al l be t he p a r am o un t c o n s i de r -
at i o n i n al l ac t i on s c o nc e r ni n g h i m , w h et h er u n d er t ak e n b y p ubl i c or p ri v a t e s o c i a l
w el f a r e i n s t i t u t i on s , c o ur t s o f l a w , a dm i n i s t r at i v e a ut ho ri t i e s a n d l e gi s l a t i v e b o di es
c o ns i s t e nt wi t h t h e U ni t ed N at i o ns C on v e n t i on o n t he R i g ht s of t h e C h i l d,
S E C . 3 . D e fi n i t i o n o f T er m s . –
(a ) “ C hi l d ” i s a p e rs o n be l o w ei gh t ee n ye a rs o f a ge .
(b ) “ D e p ar t m e nt ” r ef e rs t o t h e D ep a rt m en t o f S oc i al W el f a r e an d D e v e l o pm e n t ,
(c ) “D e pe n de n t c hi l d ” i s o n e w h o i s w i t h ou t a p a re nt , g ua r di an or c us t odi a n, o r o n e
w h os e p ar e nt s , g u ar di a n or ot h er c us t odi a n f o r g o od c a us e d e s i r es t o b e r el i ev e d of h i s
c a re an d c us t o d y, a nd i s de p en de n t up o n t h e p u bl i c f o r s u p po r t .
(d ) “A b an d o ne d c h i l d” i s on e w h o h as n o p ro p er pa r en t a l c a r e o r g ua r di an s h i p , o r w h os e
pa r en t s o r g u ar di a n h as d es e rt e d hi m f or a pe ri od of a t l e as t s i x ( 5 ) c o nt i n u ou s m on t h s .
(e ) “ N e gl ec t e d c hi l d ” i s on e w ho s e b as i c n e ed s h av e be e n d el i b er a t el y u na t t e nd e d t o or
i n ad e qu a t el y at t en d ed t o, ph ys i c al l y o r em o t i o nal l y, b y hi s p ar e nt s or gu a rd i a n.
(f ) “P h ys i c al n e gl ec t ” o c c u rs w h en t h e c hi l d i s m a l n o ur i s he d , i l l -c l a d a nd wi t h o ut p r o pe r
s h el t e r.
(g ) “E m ot i o n al n eg l e c t ” oc c ur s w h en a c hi l d i s ra p ed , s e d uc e d, m al -t r ea t ed , e x pl oi t e d ,
ov er w o rk e d o r m a de t o w o rk un de r c on di t i on s n ot c on d uc i v e t o go o d h ea l t h; m a d e t o b e g
i n t he s t r e et s or p u bl i c pl ac es , or w h en p l a c e d i n m or al d a ng e r , or e x p o s e d t o d ru gs ,
al c o ho l , g am b l i ng , p ro s t i t ut i o n an d o t h e r v i c es .
(h ) “ D i s a bl e d c hi l d ” i nc l u d es m e n t al l y r et ar d ed , p h ys i c al l y h an di c a p pe d, em o t i o n al l y
di s t u r b ed a n d m en t al l y i l l c hi l d r en , c h i l dr e n w i t h c e r eb r al p al s y an d t ho s e w i t h s i m i l ar
af f l i c t i o ns .
(i ) “ Me nt al l y r et a rd e d c hi l d ” i s o ne w h o i s ( 1) s oc i al l y i n c om p et en t , t h at i s , s o c i al l y
i n ad e qu a t e , oc c u p at i o n al ^ i nc o m pe t e n t an d u n ab l e t o m a na g e hi s o w n af f a i r s ; ( 2 )
m en t a l l y s u bn o rm al ; ( 3) i nt el l ec t u al l y r et ar d ed f r om bi rt h o r ea r l y ag e ; (4 ) r et a r de d a t
m at ur i t y; ( 5) m e n t al l y d ef i c i e nt as a r e s ul t of c o ns t i t ut i o n al o ri g i n t hr o ug h h e re di t y o r
di s e as es o r ( 6 ) es s e nt i a l l y i nc ur ab l e .
(j ) “P h ys i c al l y ha n di c a p pe d c h i l d” i s on e w h o i s c ri pp l e d , de a f - m ut e, b l i n d , or ot he r w i s e
s u f f er s f r om a d ef e c t w h i c h r es t ri c t s h i s m e an s of ac t i o n o r c om m uni c at i o n w i t h ot h e rs .
(k ) “E m ot i o na l l y d i s t u r be d c h i l d” i s o n e w h o, a l t h ou g h no t a f f l i c t ed wi t h i ns a ni t y o r m en t al
de f ec t , i s u n abl e t o m ai nt ai n n o rm al s oc i a l re l a t i on s w i t h o t h e rs a n d t h e c om m u ni t y i n
ge n er al du e t o em o t i on al p r ob l e m s o r c om pl e x e s .
( I ) “ Me n t a l l y i l l c hi l d ” i s o ne wi t h a n y b e ha v i or al di s or d er , w h et he r f un c t i o n al o r or g a ni c ,
w hi c h i s of s uc h a d eg r e e of s e v e ri t y as t o r e qu i r e p ro f es s i o n al h el p o r ho s pi t al i z a t i o n.
(m ) “C om m i tm ent” or “s urren de r of a c hi l d” i s the l egal ac t of ent rus t i n g a c hi l d t o t he
c a re of t he D e pa rtm e nt o r a n y d ul y l i c e ns e d c h i l d - p l a c em e nt o r c hi l d - c a ri n g a ge nc y o r
i n di v i d u al b y t h e c o u rt, pa r en t o r g ua r di an o r a n y i nt er e s t ed pa r t y.
(n ) “ In v o l u n ta ri l y c om m i tt e d c hi l d” i s on e w h o s e pa r en ts h av e b ee n p e rm a n en t l y a n d
j u di c i al l y d e pri v ed o f p ar e nt al a ut h ori t y d u e to ab a nd o nm e nt ; s ub s t a nt i al , c o n t i n u ou s , o r
re p ea t ed n e gl ec t; a b us e; o r i n c om p et e nc e t o di s c h a rg e p a re n t al r es p on s i bi l i t i es i n
ac c o r da nc e wi th S ec ti o n 4 h e re i n.
(o ) “V ol u nt ar i l y c om m i t te d c hi l d ” i s o ne w h os e p ar e nts k n o wi n g l y an d wi l l i ngl y
re l i n q ui s h e d pa r e nt al a ut h ori t y t o th e D ep a rtm e n t o r an y d ul y l i c e ns e d c hi l d - pl ac em e nt or
c hi l d -c a ri ng a g e nc y o r i ndi v i d ua l i n ac c o r da nc e wi th S ec ti o n 3 h er ei n.
(p ) “ C hi l d - pl ac i n g o r c hi l d - pl a c e m en t a ge nc y” re fe r s t o a p ri v a t e n on - pr of i t o r c ha ri t a bl e
i ns ti t u ti on o r g ov e rnm e nt a g en c y d ul y l i c e ns ed an d a c c re di t e d b y ( h e D e p ar t m e nt t o
pr ov i d e c om p r eh e ns i v e c hi l d w e l fa r e s e rv i c es , i nc l u di n g bu t n ot l i m i t e d t o , r ec ei v i n g
ap pl i c ati o ns f or ad o pti o n o r f o s t er c a re , ev al u ati n g th e p r os pe c t i v e a d o pt i v e or f os t e r
pa r en ts a n d p re p ar i n g t he hom e s t u d y r e po r t.
(q ) “ C hi l d -c a ri ng ag e nc y” r ef e rs t o a p ri v at e n o n - p ro fi t or c h ari t ab l e i ns t i t ut i o n o r
go v er nm e n t ag e nc y d ul y l i c e ns e d a nd a c c r ed i t ed b y t he D ep a rt m en t t h at pr ov i d es
t w en t y- f o ur h o u r re s i de n ti a l c a r e s e rv i c es f or ab a nd o ne d , or p h an e d, n e gl ec t e d,
i nv ol u nt ar i l y o r v ol un ta ri l y c om m i tt ed c hi l d re n .
(r ) “ Gu a r di a n a d l i t em i s a p e rs on ap p oi nt ed b y t he c o ur t w h e r e t h e c as e i s p en di n g f o r a
c hi l d s o ug ht t o b e c om m i tt e d to p r ot ec t hi s b e s t i n t er es ts .
(s ) “C as e S t u d y R ep o rt ” i s a w r i tt en r e p or t of t h e re s ul t o f a n i n v e s t i g a t i o n c o n du c t e d b y
a s o c i al w o rk e r as t o t he s oc i o - c ul tu r al , ec on om i c a nd l eg al s t a t u s or c o nd i t i o n of t h e
c hi l d s o ug ht t o b e c om m i tt e d. It s hal l i nc l u d e am o n g ot h e rs hi s de v el o pm en t a l a ge ,
ed u c a ti on al a tt ai nm e n t, f am i l y a nd s oc i a l re l a ti on s h i p s , t h e qu al i t y o f hi s pe e r g ro u p, hi s
fam i l y’ s s tr e n gt hs a n d w e ak n es s e s an d p a re nt al c o nt ro l ov e r hi m . T h e r e po rt i s s u bm i t t e d
to t he F am i l y C ou r t t o a i d i t i n i t s ev al ua ti on of w h e th e r th e c hi l d o ug ht t o b e c om m i t t e d
to t he c a re of t he D e pa rtm e nt o r a n y d ul y l i c e n s e d c hi l d - pl ac e m en t o r c hi l d -c a ri ng
ag e nc y or i n di v i d ua l .
SEC. 4.
(a ) W h o m a y fi l e . – T h e S ec r et ar y of t h e D e pa r tm e nt o r hi s a u t h o ri z e d re p re s en t a t i v e o r
an y d ul y l i c e ns ed c h i l d - pl ac em en t o r c hi l d -c ar i n g ag e nc y h a v i n g k n o w l e d g e of a c hi l d
w h o ap p ea rs t o be d e pe n de nt , a ba n do n ed o r ne gl ec t ed , m a y f i l e a v er i f i e d pe t i t i o n f o r
i nv ol u nt ar y c om m i tm e nt o f s ai d c h i l d t o th e c a r e of a n y d ul y l i c e ns e d c hi l d -p l a c em e nt o r
c hi l d -c a ri ng a g e nc y o r i ndi v i d ua l .
(b ) V e n u e . – T h e p et i ti o n s h al l be f i l e d wi th t h e F am i l y C o ur t o f t he p r ov i n c e o r c i t y i n
w hi c h t h e p ar e nt o r g ua r di an re s i d es or w h er e th e c hi l d i s f ou n d.
(c ) C o n t e nt s o f V er if i ed P et i ti o n . -T h e pe ti ti on m u s t s t a t e :
1. T h e n am es of t h e p ar e nt s or gu a r di a n a n d t he i r pl ac e o f r es i d e nc e. I f t he c hi l d ’ s
pa r en ts a re u nk n o w n, pe ti ti o n e r m u s t al l e ge th a t di l i ge nt ef f o rt s h av e be e n e x e r t e d t o
l oc at e t hem . It s ai d p a re nt s a re d ec e as ed , pe ti ti on e r s h al l a t t a c h a c er t i f i e d t r u e c o p y o f
th ei r d ea th c e rti fi c a te ;
2. T h e f ac t s s h o w i n g t ha t th e c hi l d i s d ep e n de nt , a ba n do n e d, or ne gl ec t e d ;
3. T he f a c t s s h o w i n g w h o h as c us t o d y o f t h e c hi l d a t t h e t i m e o f t h e f i l i ng of t h e p e t i t i o n;
an d
4. T h e n am e, ad d r es s a n d w ri t t en c on s e nt o f t h e D e pa rt m e nt o r d ul y l i c e ns e d c hi l d -
pl ac em e nt o r c h i l d - c a ri n g ag e nc y o r i n di v i d u al t o w ho s e c a re t h e c om m i t m e nt o f t h e c hi l d
is s o ug h t to be e nt ru s t e d.
(d ) S um m o ns; C o ur t t o S e t T i m e f or H e ar i n g . – I f t he c o u rt i s s a t i s f i ed t h at t h e pe t i t i o n
i s s uf f i c i e nt i n f orm a nd s u bs t a nc e, i t s na i l di r ec t t he c l erk o f c o ur t t o i m m e di at el y i s s u e
s um m on s w hi c h s h al l b e s e r v e d t o ge t he r w i t h a c op y of t h e p et i t i on a n d a n ot i c e of
he a ri ng , up o n t h e p ar e nt s o r g u ar di a n of t h e c h i l d a n d t h e of f i c e of t h e p ub l i c p r os ec ut o r
no t l es s t h a n f i v e ( 5) d a ys b ef o re t h e d a t e of t h e h e a ri n g . T h e of f i c e o f t h e p ub l i c
pr os e c u t o r s ha l l b e di re c t e d t o i m m ed i a t el y t ra n s m i t t he s u m m on s t o t he pr os e c u t o r
as s i g n e d t o t he Fam i l y C ou r t c o nc er n e d.
I f i t a p pe a rs f rom t h e pe t i t i o n t h at b ot h p a re n t s o f t h e c h i l d ar e de a d o r t h at nei t he r
pa r en t c a n b e f ou n d i n t he pr ov i nc e o r c i t y w h e re t h e c o ur t i s l o c a t e d a n d t h e c h i l d ha s
no gu a rd i a n r es i di n g t h e re i n , s u m m on s m a y n ot b e i s s u e d a nd t he c o ur t s h al l t h er e u po n
ap p oi nt a g u a rdi a n a d l i t em pu r s u a nt t o S u b - s e c t i o n (f ) b el o w a nd pr oc e ed wi t h t h e
he a ri ng of t he c as e w i t h d u e n o t i c e t o t h e p ro v i nc i al o r c i t y p ro s e c u t o r .
(e ) S oc i a l W or k er . – A f t er t h e c o ur t s et s t h e p et i t i on f o r he a ri ng i n ac c o r d an c e wi t h S u b -
s e c t i o n (d ) a b ov e, i t s h al l di r ec t t he s oc i al w o rk er t o s ubm i t , b e f o r e t h e h ea ri n g, a c as e
s t ud y r ep o rt o f t h e c hi l d t o a i d i t i n ev al u at i n g w h et h e r s ai d c hi l d s h o ul d be c om m i t t ed t o
t h e c a r e of t h e D e p ar t m e nt or a n y d ul y l i c en s e d c hi l d - pl ac em en t or c hi l d -c ar i n g a g en c y
or i nd i v i d ua l . T h e r ep o rt s ha l l b ea r t he s i g n at ur e o f t h e s oc i al w o rk e r on ev er y p ag e.
(f ) G uar d i a n A d L i tem of C h i l d . – I f n ei t h e r of t he pa r en t s n o r t h e g ua r di an of t he c hi l d
c a n b e l oc a t e d o r d oe s n ot a p p ea r i n c o ur t d es pi t e d u e n ot i c e , or i f t h e c o u rt f i n ds t hem
i nc om pe t e n t t o p r ot ec t t h e b es t i nt e re s t s of t h e c hi l d , i t s hal l be t he d u t y o f t h e c ou rt t o
ap p oi nt a s ui t a bl e p er s o n a s g u ar di a n a d l i t em t o r e pr es e nt t he c hi l d. I n m ak i n g t h e
ap p oi nt m en t , t h e c o u rt s hal l c o ns i d er t h e b ac k g ro u n d of t he gu ar di a n a d l i t em an d hi s
f am i l i a ri t y w i t h t h e j u di c i al pr oc es s , s oc i al s er v i c e p r og r am s a n d c hi l d de v e l o pm e n t . A
m em b er of t he P hi l i p pi ne B ar m a y b e a p p oi n t e d g u ar di an ad l i t em .
(g ) C hi l d’ s R i g ht to C o u n se l . – T h e c o u rt , up o n r eq u es t of t h e c hi l d c a pa bl e of f o rm i n g
– hi s o w n v i e w s o r u p on r e qu e s t of h i s g ua r di an ad l i t em , s h al l a pp oi nt a l a w ye r t o
re p re s en t hi m i n t h e pr o c e e di ng s .
(h ) D ut y o f P u bl i c P r os e c u t or . – T h e p ro v i nc i al o r “ c i t y p ro s e c ut o r s h al l a p pe a r f o r t he
S t a t e an d a s c er t ai n i f t h e re h a s b e en d u e n ot i c e t o al l pa r t i e s c on c er n ed a n d t h a t t h e re
i s j us t i f i c at i o n f or t h e de c l ar a t i o n of d e p en d en c y, ab a n do nm e n t or ne gl ec t .
(i ) H e ar i n g . – T he c o ur t s h a l l di re c t t h e pe r s o n o r a ge nc y w h i c h h as c us t o d y of t he c hi l d
t o b ri n g t h e l a t t e r t o t he c o ur t o n t h e d at e o f t h e h ea ri n g of t h e pe t i t i o n a n d s h al l
as c e rt ai n t he f ac t s a n d d et erm i ne w h et he r t he c hi l d i s d e pe n d e nt , ab a n do n ed , o r
ne gl ec t ed , a nd i f s o, t h e - c au s e an d c i rc um s t a n c e s of s uc h c o n d i t i on .
(j ) J ud gm e n t . – I f , a f t e r t h e h e ar i n g, t h e c o u rt s ha l l f i nd t h e c h i l d t o b e de p e nd e nt ,
ab a nd o n ed , o r ne gl ec t ed , i t s h a l l re n de r j u d gm e nt c om m i t t i ng h i m t o t h e c ar e a nd
c u s t od y of t h e D e p ar t m e nt or a n y d ul y l i c en s e d c hi l d - pl ac em en t or c hi l d -c ar i n g a g en c y o r
i n di v i d u al u nt i l he r e ac h es t he ag e o f ei gh t ee n ( 1 8) , T he j ud g m en t s h al l l i k e w i s e m ak e
pr o pe r p r ov i s i on s f o r t he c us t o d y o f t he p r o pe rt y o r m on e y b e l o ng i n g t o t h e c om m i t t e d
c hi l d .
I f t he c hi l d i s c om m i t t e d t o t h e D e pa r t m e nt , i t s h al l no t i f y t he c ou r t w i t hi n t hi r t y ( 3 0) d a ys
f r om t h e o r de r of c om m i t m e nt , t he nam e a nd a d d re s s o f t h e d ul y l i c e n s e d a nd ac c r e di t e d
c hi l d - pl ac em e nt o r c hi l d -c ar i n g ag e nc y or i n di v i d ua l w h e re t h e c hi l d s h al l b e pl ac e d.
H o w e v e r, i f t h e c ou r t fi n ds t h at th e a b a nd o nm e nt o r n e gl ec t of t he c h i l d m a y b e r em edi e d,
th e c h i l d m a y b e al l o w e d to s ta y i n hi s o w n h om e u n de r t he c a r e a nd c o nt ro l of h i s
pa r en ts o r g u ar di a n, s ub j e c t t o s u p er v i s i o n a nd di r e c ti o n of t h e D ep a rt m en t .
(k ) V i si ta t io n or In s p ec ti o n . – A n y d ul y l i c en s ed c hi l d - p l a c em en t o r c hi l d -c a ri ng ag e nc y
or i nd i v i d ua l t o w hom a c hi l d h a s be e n c om m i tt ed b y t he c o ur t s ha l l b e s u bj ec t t o
v i s i ta ti on or i ns pe c t i o n b y a r ep re s e n ta ti v e o f th e c ou rt or o f t h e D e p ar t m e nt , as t h e c a s e
m a y b e o r of b o th , to d e te rm i ne w he th e r th e w el f a re a n d i n t e r e s t s o f t he c hi l d a re bei n g
s e rv e d,
( I) R e p or t o f P er s o n or I ns ti t u ti o n . – A n y d ul y l i c en s ed c hi l d - pl ac em e nt or c hi l d -c ar i n g
ag e nc y or i n di v i d ua l to w hom a c hi l d h a s be e n c om m i tt e d b y j u di c i al or d er m a y at an y
ti m e b e r e qui r e d b y t he c o ur t to s ubm i t a r ep o rt , c o nt ai ni n g al l ne c es s a r y i nf orm at i o n f or
de t erm i ni n g w h et h er t h e w el f ar e of t h e c hi l d i s bei n g s e r v e d.
(m ) Tem p or ar y C u s to d y o f C hi ld . – T h e d ul y l i c e ns e d c hi l d - pl ac em e n t or c hi l d -c ar i n g
ag e nc y or i n di v i d ua l to w hom a c hi l d h a s be e n c om m i tt e d m a y f i l e a v e ri f i e d m ot i o n w i t h
th e c o u rt w hi c h g r an te d t he pe ti ti o n f or i nv ol un t ar y c om m i t m e nt o f a c h i l d t o pl a c e h i m i n
th e c a r e of an y s ui t ab l e p e rs o n, u p on t h e l at t er’ s r eq u es t, f or a pe ri o d n ot e x c ee di n g o ne
m on th at a ti m e. T h e c ou rt m a y or d er t h e s o c i al w o rk e r to s u bm i t a c a s e s t ud y re p o rt t o
ai d i t i n e v a l u at i n g w h e th e r s u c h tem p or a r y c us t o d y s h al l b e f o r t h e b es t i n t e r es t s o f t h e
c hi l d . T he pe ri o d of t em p o ra r y c us to d y o f t he c hi l d m a y b e e x t e nd e d b y t h e c o u rt f or a
pe ri o d n ot e x c ee di n g o ne m o nt h a t a ti m e up o n m oti o n of t h e d u l y l i c en s e d c hi l d -
pl ac em e nt or c hi l d -c ar i n g a g en c y o r i nd i v i d ual t o w hi c h t he c hi l d h as b e en c om m i t t e d.
T he c o ur t, m o tu p r o pri o , or up o n r eq u es t of t he c hi l d a s s i s t e d b y hi s g ua r di an ad l i t em ,
or at t he i ns ta nc e o f th e a g en c y o r p er s o n t o w h om th e c hi l d w a s c om m i t t ed , af t e r d u e
no ti c e a n d h ea ri n g, s hal l di s c on ti n u e th e t em p o ra r y c us t od y of t he c hi l d i f i t a p p ea rs t h at
he i s no t b ei ng g i v en pr o pe r c ar e.
A ft er on e m o nt h fr om t he d a te t em p o ra r y c us t o d y of t h e c hi l d w as gi v en t o a no t he r
s ui ta bl e p e rs on , th e a g en c y o r i nd i v i d ua l s h al l s ubm i t t o th e c o ur t a v eri f i e d re p or t o n
w h et h er t h e tem po r a r y c u s t o d y of t he c hi l d h as pr om o t ed h i s b es t i nt e re s t s .
(n ) C ha n g e o f C us t o d y . – If t h e c hi l d i s c om m i t t ed t o th e D ep ar t m e n t , i t s ha l l h av e t h e
au t ho ri t y t o c h a ng e t he c us to d y o! a c h i l d i t ha d pl a c e d w i t h a n y d ul y l i c e ns ed c hi l d -
pl ac em e nt or c hi l d -c ar i n g a g en c y o r i nd i v i d ual i f i t a pp e ar s t h a t s u c h c ha n g e i s f o r t he
be s t i nt er e s ts of t he c hi l d . T he D e pa r tm e nt s h a l l n ot i f y t h e c o u rt o f a n y c ha n ge i n
c u s t od y of t h e c h i l d ,
W hen c o nfl i c t i n g i n t er es ts a ri s e am on g c hi l d - pl ac em en t o r c hi l d -c ar i n g a g en c i es , t h e
c o ur t w h i c h g ra nt e d th e i nv ol un ta r y c om m i tm en t of t h e c h i l d , u po n m o t i o n o f t h e
D e pa r tm e nt o r a n y o f t he a g e nc i e s c o nc er n ed , s hal l or d e r t h e c ha n ge of c om m i t m en t of
th e c h i l d.
(o ) R em o val of C u s to d y . – A m oti o n to rem ov e c u s t o d y o f a c h i l d m a y be f i l e d b y a n
au t ho ri z e d r ep r es e nt ati v e of t h e D ep a rtm en t w i t h k no w l ed g e of t h e f a c t s a ga i n s t a c hi l d -
pl ac em e nt or c hi l d -c ar i n g a g en c y o r i nd i v i d ual t o w ho s e c us t od y a c hi l d h a s be e n
c om m i t t ed b y t he c ou r t on t h e g ro u nd of n e gl ec t of s uc h c hi l d a s de f i ne d i n S ec t i o n 3 ( e )
of t hi s R ul e. T h e c ou rt s h al l s et t he m o ti on f o r h ea ri ng w i t h n ot i c e t o t h e p u bl i c
pr os e c u to r a n d th e c ou r t - de s i gn at e d s o c i a l w o rk e r. If t h e c o u rt f i n ds a f t er he a ri ng t h at
th e al l e g ati o ns o f th e m ot i o n h a v e b e en es t a bl i s h e d a nd t h at i t i s f o r t he b es t i n t e r es t s
an d w el f a re of t he c hi l d, t h e c o ur t s h al l i s s ue an o r de r r em ov i n g hi m f rom t he c us t o d y of
th e p er s o n o r a g en c y, as t he c a s e m a y be , a nd c om m i t ti ng hi m t o t he c us t od y of a n ot h er
du l y l i c e ns e d c hi l d - pl a c em e nt o r c hi l d -c a ri ng ag e nc y or i nd i v i d ua l .
In t he s am e pr o c e e di ng , th e c o ur t m a y s us p en d o r r ev ok e t he l i c e ns e o f t h e a g en c y o r
i n di v i d u al fo u nd gui l t y of s uc h n eg l e c t d e pe n di ng up o n th e g ra v i t y o r f re q ue nc y of t h e
of fe ns e .
(p ) R es t or a t i on of P ar e nt a l A u t h or i t y A f t er I n vo l u n tar y C om m i tm e n t . –
(i ) W h o ma y f i l e; G r ou n d . – T he p a re n t s o r g u ar di a n o f a c hi l d c om m i t t ed to the care of a
pe rs o n, a ge nc y o r i ns t i t u t i o n b y j ud i c i al or d er m a y f i l e a v er i f i e d m ot i o n f o r t he
re s t o ra t i on o f hi s ri g ht s o v e r t h e c hi l d w i t h t h e c o u rt w h i c h g ra nt e d t h e i nv ol u nt ar y
c om m i t m e nt o n t h e g r ou n d t h at he i s n o w a bl e t o t ak e p ro p er c a r e a n d c us t od y o f s ai d
c hi l d , p ro v i de d, ho w e v e r , t h at t he c hi l d h as no t ye t b ee n a do p t ed .
(i i ) N o t i c e o f H e a ri n g . – T he c ou r t s h al l f i x t h e t i m e an d d at e f o r t he h e ar i n g o f t h e
m ot i o n, w h i c h s h al l n ot b e e a rl i er t ha n t h i r t y ( 30 ) d a ys n o r l at e r t h an s i x t y ( 6 0) d a ys f r om
t h e da t e o f t h e f i l i ng o f s ai d m ot i o n an d c a us e no t i c e of t he he a ri ng t o b e s e nt t o t h e
pe rs o n, a ge nc y o r i n s t i t u t i on t o w hi c h t he c h i l d h as b e en c om m i t t e d, t h e pu bl i c
pr os e c u t o r a n d t h e c ou rt - d es i g na t ed s oc i al w o rk er , a t l e as t f i v e ( 5) d a ys b ef o re t h e d at e
of h e ar i n g.
(i i i ) H ea ri ng . – A t t h e h e ar i n g , an y p e rs o n m a y b e a l l o w e d t o i nt e rv en e at t h e d i s c r et i o n
of t h e c o u rt t o c o nt es t t h e r i g ht t o t he r el i e f d em an d ed . W i t ne s s es m a y b e c al l e d a nd
e x am i ne d b y t h e p ar t i es o r b y t he c o ur t m ot u p ro p ri o.
(i v ) R es ol ut i o n . – I f i t i s f o un d t h at t h e c a u s e f o r t h e c om m i t m en t o f t h e c hi l d n o l o n ge r
e xi s t s an d t ha t t h e m ov a nt i s a l r ea d y a bl e t o t ak e p r op e r c a re a nd c us t o d y of t he c hi l d,
t h e c ou rt , a f t er t ak i ng i nt o c on s i d e ra t i on t h e b es t i n t e r es t s a n d t h e w el f a r e of t h e c hi l d,
s h al l i s s u e a r es ol ut i o n t e rm i n a t i ng t he p ar e nt al a ut ho ri t y of t h e pe r s o n, a g en c y o r
i ns t i t u t i on t o w h om t h e c hi l d w as c om m i t t e d b y j udi c i al or d er a nd r es t o ri ng p ar e nt al
au t ho ri t y to the m ov an t .
q) Jur i sd i ct i on f or P r o s ec u ti o n o f P u ni s ha b l e A c ts . – T h e F am i l y C o ur t w hi c h gr a nt e d
t h e i n v ol un t ar y c om m i t m en t s h al l ha v e j u ri s d i c t i o n ov er t he p ro s e c ut i o n o f a c h i l d w h o
l ef t wi t ho ut p ri or p erm i s s i o n f r o m t h e p e rs o n o r i ns t i t u t i on t o w hi c h he h as b ee n j u di c i al l y
c om m i t t ed or t h e p er s o n u n d er w h os e c us t o d y h e h a s b e en j u di c i al l y c om m i t t e d i n
ac c o r da nc e wi t h S u b - s e c t i o n (m ) o f S e c t i o n 4 o f t hi s R ul e. I t s h al l l i k e wi s e ha v e
j u ri s di c t i o n ov e r t he pe rs o n w h o i n d uc ed t h e c hi l d t o l e av e s uc h p e rs on or i ns t i t u t i on ,
e x c e pt i n c a s e o f a c t ua l o r i m m i ne n t g r av e p h ys i c al o r m o r al da n ge r t o t h e c hi l d . T h e
F am i l y C o ur t w h i c h g ra n t e d t h e i nv ol un t a r y c om m i t m e nt s h al l al s o h av e j ur i s di c t i on ov er
t h e p r os ec ut i o n of pa r en t s o r gu a rd i a ns of t h e c hi l d w h o m a y b e h el d l i a bl e un d er
A rt i c l es 59 an d 6 0 o f P . D . N o. 6 0 3 a n d S ec t i on s 9 , 1 0 a nd 31 of R . A . N o. 76 1 0.
S E C . 5 . V o l u nt ar y C om m i tm e n t of a C hi l d t o a n I ns ti t u ti o n o r I n d i vi d ua l . – T he p arent
or g ua r di an of a de p en d e nt , a b an d on e d o r ne gl e c t ed c h i l d m a y v o l u n t a ri l y c om m i t hi m t o
t h e D e pa rt m e nt o r a n y d ul y l i c e ns e d c hi l d - pl a c em en t or c hi l d - c ar i n g ag e nc y o r i n di v i d u al
s u bj ec t t o t h e ru l e s of t h e D e p a rt m en t . H o w ev e r, n o c hi l d s h al l be c om m i t t ed u nl es s h e i s
s u rr e n de r ed i n w ri t i ng b y h i s p a re n t s or g ua r di a n s t at i n g s uc h v ol u nt a r y c om m i t m e nt an d
s p ec i f i c al l y n am i ng t h e of f i c e , ag e nc y, o r i n di v i du al t o w h o s e c u s t od y t h e c hi l d i s t o b e
c om m i t t ed . S uc h w ri t t e n i ns t r u m en t s h ou l d b e n ot ar i z ed a n d s i g ne d i n t h e p re s en c e o f an
au t ho ri z e d r e pr e s e nt a t i v e o f t h e D e p a rt m en t a f t er c o u ns el i n g a n d o t h e r s er v i c es ha v e
be e n m ad e a v a i l abl e t o e nc ou r a ge t h e c hi l d ’ s p a re nt s t o k e ep t he c hi l d .
(a ) P e t i t i on for R em o va l o f C u st o d y . –
(i ) W h o ma y f i l e; G r o un d . – T h e p a r en t s or gu a rd i a n w h o v o l u nt ar i l y c om m i t t ed t h e c hi l d,
or i n t h ei r a bs en c e o r f ai l ur e , a n y p e rs o n wi t h k n o wl e dg e of t h e f ac t s , m a y f i l e a v er i f i e d
pe t i t i o n t o rem ov e c us t o d y o f t h e c hi l d a g ai n s t t h e c hi l d -p l ac em en t o r c hi l d -c ar i n g
ag e nc y o r i n di v i d u al t o w ho s e c u s t od y t he c hi l d ha s b ee n v ol un t ari l y c om m i t t e d o n t h e
gr o un d of n e gl ec t of s u c h c hi l d as d e f i ne d i n S ec t i on 3 ( e ) of t hi s R ul e. A c hi l d m a y al s o
be r em o v e d f r om t h e c us t od y o f t h e c hi l d - pl a c em e nt or c h i l d - c ar i n g a g e nc y o r i n di v i d u al
on t h e g ro u nd t h at t he v ol u nt ar y c om m i t m e nt o f t h e c hi l d w a s un j u s t i f i ed .
(i i ) V e nu e . – T h e p et i ti o n s h al l be f i l ed wi t h th e Fam i l y C ou rt o f t he pr o v i nc e o r c i t y
w h er e t he c hi l d - pl a c em e nt o r c hi l d - c ari n g a ge n c y t o w hi c h t h e c hi l d h as b e en v ol un t ari l y
c om m i t t ed i s l oc at e d o r w h er e t he c hi l d m a y be f o un d .
(i i i ) C on te n ts o f V e ri fi e d P e ti ti o n . – T h e p et i ti o n m us t s t at e:
T he n am e an d a d dr es s of t h e c hi l d - pl ac em en t o r c hi l d -c a ri n g a ge nc y o r i n di v i d u al t o
w h os e c u s t o d y t he c hi l d h as be en v ol u nt ar i l y c om m i t te d;
T he f ac ts s ho w i ng t h at t h e c hi l d h as b e e n ne gl ec t ed b y th e a g e nc y or i n c a s e s w h e re t h e
v ol u nt a r y c om m i tm en t w a s u nj u s ti fi e d , th a t th e p a re n ts o f t he c hi l d ar e a c t u al l y c a pa bl e
of t ak i n g c a r e a nd c us to d y of t h e c hi l d ;
T he n am e , a d dr e s s an d w ri tt e n c o ns en t of t h e dul y l i c e n s e d c hi l d - pl ac em e nt o r c hi l d -
c a ri ng ag e nc y o r i nd i v i d ua l t o w ho s e c a re t h e c h i l d m a y b e t r a n s f er r ed .
T he fa c t s s ho w i ng th at p eti ti on er h as e x ha us t ed th e adm i ni s t r at i v e r em e di es av ai l a bl e t o
hi m ,
(i v ) N ot i c e o f H e ar i n g . – If t h e pe ti ti o n i s s u ffi c i en t i n fo rm a nd s u bs t an c e , t h e c o u rt s h al l
s e t t h e s am e f o r he a ri ng wi th n oti c e t o th e D e p ar tm e n t, t he p u bl i c pr os ec u t o r, t h e c o ur t -
de s i gn a te d s o c i al w o rk e r, th e a ge n c y o r i nd i v i d ual t o w h om t h e c h i l d h as b e en c om m i t t e d
an d i n ap p ro p ri at e c a s e s , t h e p ar e nt s of t h e c hi l d .
(v ) J u d g me nt . – If af te r h ea ri n g t h e c o ur t fi nd s t h at t he al l e g at i o ns o f t h e pe t i t i o n h av e
be e n e s t a bl i s h ed a nd th a t i t i s f o r t he b es t i n te r es ts a n d w el f a r e o f t h e c hi l d , i t s h al l
i s s ue a n o rd e r rem ov i n g th e c h i l d fr om th e c u s t o d y of t h e p e r s o n or a g en c y c on c e r ne d ,
an d c om m i t ti n g hi m to th e c u s t od y o f a n ot h er d ul y l i c en s ed c hi l d - pl a c em e nt o r c hi l d -
c a ri ng ag e nc y o r i nd i v i d ua l .
T he c o ur t, i n t h e s am e p ro c e e di ng m a y, a ft e r he a ri ng t h e c om m en t o r re c om m e nd a t i o n o f
th e D e p ar tm e n t, s us pe n d o r re v ok e th e l i c e ns e of t h e ag e nc y o r i n di v i d u al f o u nd gu i l t y of
such ne gl ec t d e p en di n g u po n the g r av i t y or f r e qu en c y of the o f f e ns e.
(b ) R es t or a t i on of P ar e nt a l A u th or it y A f t er V ol u n t ar y C om m i tm e n t . – T h e r es t o r at i o n
of ri g ht s of t he p a re nt or g u ar di an o v e r t he c hi l d w h o h as b ee n v ol u n t a ri l y c om m i t t ed
s h al l be go v er n ed b y t h e r ul es of t h e D ep a rtm en t, pr ov i d e d, ho w ev e r, t h at t h e p e t i t i o n f or
re s t o ra ti on i s fi l e d w i t hi n s i x ( 6 ) m o nt hs f r om th e d a te of v ol u nt a r y c om m i t m en t . I n c as e
th e D e pa rtm e nt re fu s es t o gr a nt l e ga l c us t o d y a n d p ar e nt al au t ho ri t y t o t h e p a re n t o r
gu a rd i a n ov e r t h e c hi l d w h o h a s b e en v ol un ta ri l y c om m i t t ed t o an a g en c y o r i nd i v i d ua l ,
th e pa r e nt o r g u a rdi a n m a y fi l e a p eti ti on i n c ou r t f o r r e s t or a t i on o f pa r en t al au t ho ri t y i n
ac c o r da nc e wi th S ec ti o n 4 ( p ) o f t hi s R ul e .
(c ) J ur i s di c ti o n f or P r o s ec u ti o n o f P u n is h a bl e A ct s . – T he F am i l y C o ur t of t h e pl ac e
w h er e t he c hi l d m a y be f o un d o r w h e re t h e du l y l i c e ns e d c hi l d - pl ac em e nt or c hi l d -c ar i n g
ag e nc y or i n di v i d ua l i s l o c a te d s h al l h a v e j uri s di c ti on o v er t h e pr os e c u t i on of a c hi l d w h o
l ef t w i t h ou t p ri or p e rm i s s i on f r o m th e p e rs on or i ns ti t ut i o n t o w hi c h h e h as b e en
v ol u nt a ri l y c om m i t te d . It s hal l l i k ew i s e h av e j u ri s di c ti o n ov e r t h e p er s o n w h o i nd uc e d t h e
c hi l d t o l e av e s uc h p er s o n o r i n s ti tu ti on , e x c e p t i n c as e of g r av e ac t u al o r i m m i n e nt
ph ys i c al o r m or al d a ng e r, t o th e c hi l d. T h e s am e F am i l y C o u rt s ha l l al s o h a v e j ur i s di c t i on
ov er t h e p ro s e c uti o n of p a re n ts or gu a rd i a ns o f t he c hi l d w h o m a y b e h el d l i a bl e u nd e r
A rt i c l es 5 9 a n d 60 of P . O. N o, 6 03 an d S e c ti o ns 9 , 1 0 an d 3 1 o f R . A . N o . 7 61 0 .
S E C . 6 . P e ti ti o n f or C om m itm e nt of a D is a bl e d C hi l d . –
(a ) W ho may fi l e . – W he re a c h i l d ap p ea rs t o b e m e nt al l y re t ar d ed p h ys i c al l y
ha n di c a pp e d, em o ti o n al l y di s t ur b ed , m e nt al l y i l l , wi t h c e r e br al p al s y o r wi t h s i m i l ar
af f l i c t i o ns a n d n ee d s i n s t i t u t i on al c ar e b u t hi s p ar e nt s o r g ua r d i a ns a r e o p po s e d t h er et o ,
t h e D e pa r t m e nt , or a n y d ul y l i c en s ed c h i l d - pl ac em e n t o r c h i l d - c a ri ng a g en c y o r i nd i v i d ual
m a y f i l e a v e ri f i e d p et i t i on f or c om m i t m e nt o f t h e s ai d c hi l d t o an y re p ut a bl e i ns t i t ut i o n
pr ov i d i n g c ar e, t r ai ni ng a n d r eh ab i l i t a t i on f o r di s a bl ed c hi l d re n .
T he p a re n t s o r g ua r di an of t he c hi l d m a y f i l e a s i m i l a r pe t i t i o n i n c a s e no i m m e di at e
pl ac em e nt c a n b e ar r a n g e d f o r t he di s a bl e d c hi l d w h e n hi s w el f ar e a n d i nt e r es t s a re a t
s t ak e,
(b ) V e n ue . – T h e p et i t i on f o r c o m m i t m e nt o f a di s a bl e d c hi l d s h al l b e f i l e d w i t h t he
F am i l y C ou r t of t h e pl ac e w h e re t he p a r en t o r gu a rd i a n r es i d es or w h er e t he c hi l d i s
f o u nd .
(c ) C o nt e nt s of V er i f i e d P et i t i o n . – T he pe t i t i o n f or c om m i t m en t m us t s t a l e t h e f ol l o w i ng :
(1 ) T h e f a c t s s h o wi n g t h at t he c hi l d a pp e ar s t o b e m e nt al l y re t a r de d , ph ys i c al l y
ha n di c a pp e d, em o t i on al l y di s t ur b ed , m e nt al l y i l l , w i t h c e r e b ra l ‘ p al s y o r w i t h s i m i l a r
af f l i c t i o ns a nd ne e ds i ns t i t ut i o n al c a r e;
(2 ) T h e nam e of t h e pa r en t s a nd t h ei r r e s i de nc e, i f k n o w n, o r i f t h e c h i l d h a s no l i v i n g
pa r en t , t h e n am e a n d re s i de n c e o f t h e g ua r di an , i f a n y; a nd
(3 ) T he f a c t t h a t t he p ar e nt s o r g u ar di a n o r an y d u t y l i c e n s e d d i s ab l e d c hi l d - pl a c em e nt
or c hi l d -c a ri n g a g en c y, as t h e c as e m a y b e , ha s o pp os e d t h e c om m i t m en t of s uc h c hi l d;
(4 ) T h e n am e a n d w ri t t e n c o nf o rm i t y of t h e i ns t i t u t i on w he r e t h e c hi l d i s t o b e c om m i t t e d.
(5 ) A n es t i m at e of t h e c o s t s an d ot he r e x p en s es of m ai nt ai n i n g t h e c hi l d i n t he i n s t i t ut i o n.
T he v e ri f i ed pe t i t i on s h al l b e s u f f i c i en t i f b as ed u po n t h e p er s o n al k n o wl e dg e of t h e
pe t i t i o n er .
(d ) O r de r of H e ar i n g; N ot i c e . – I f t h e p et i t i on f i l e d i s s uf f i c i e nt i n f o rm a nd s u bs t a nc e,
t h e c o u rt , b y a n o r de r r ec i t i n g t he pu r po s e of t he p e t i t i o n, s h al l f i x t h e d at e of t h e
he a ri ng t h er e of , a nd a c o p y o f s uc h o rd e r s h al l be s e rv ed o n t h e c hi l d al l eg e d t o be
m en t a l l y r e t a r de d, ph ys i c a l l y h a nd i c ap p ed , em ot i o na l l y d i s t u r be d, m e nt al l y i l l , wi t h
c e re b r al p al s y or w i t h s i m i l ar af f l i c t i on s a nd o n t he pe rs o n h av i ng c h ar g e of h i m or an y of
hi s r el a t i v es r e s i d i n g i n t h e p ro v i n c e or c i t y a s t h e c ou r t m a y d eem p r op e r.
T he o r de r s ha l l al s o di r e c t t he s he ri f f o r a n y o t he r o f f i c e r o f t h e c ou rt t o p r od uc e , i f
ne c es s a r y, t h e al l e g ed d i s ab l e d c hi l d o n t h e d at e of t h e h ea ri n g.
(e ) H ea ri n g an d J ud g me n t . – I f t h e c o u rt f i n ds t ha t t he a l l eg at i o ns o f t h e p et i t i o n ha v e
be e n es t abl i s he d a n d t h at i ns t i t ut i o na l c a r e of t h e c hi l d i s f o r hi s be s t i nt er es t s o r t he
pu bl i c w e l f a re a n d t h a t hi s p a r e nt s , o r g ua r di an or r el at i v es a r e u n abl e f or an y r ea s o n
w h at s o ev e r t o t ak e p r op e r c a r e of h i m , t h e c ou r t s h al l o r de r hi s c om m i t m e n t t o t h e
pr o pe r i ns t i t ut i o n f o r di s abl e d c hi l dr e n. T h e c ou rt s h al l l i k e w i s e m ak e p r op e r p ro v i s i o ns
f o r t h e c us t o d y o f t he p r o pe rt y or m o n e y b el o ng i n g t o t h e c om m i t t ed c hi l d .
T he e x p e ns e o f m ai nt ai ni ng a di s a bl ed c hi l d i n t h e i n s t i t u t i on t o w hi c h h e h as b e en
c om m i t t ed s h al l b e b or n e p ri m a ri l y b y t he pa r en t s o r g u ar di a n an d s ec on d a ri l y, b y s uc h
di s a bl ed c hi l d, i f he ha s p ro p er t y o f hi s o w n .
In al l c as es where the expens es for the m ai ntenanc e of the di s abl ed c hi l d c annot be pai d
i n ac c or d an c e w i t h th e i m m e di a tel y p re c e di n g p ar a gr a ph , t h e D ep a rt m en t s h al l be a r t h e
e x p en s e s , o r s uc h p ar t t h e re o f as m a y rem ai n u np ai d.
T he c o ur t s h al l f u rn i s h t h e i n s ti t uti o n to w hi c h t h e c hi l d h as be e n c om m i t t ed w i t h a c o p y
of i t s j u dgm e nt , to g et he r wi th a i l t h e re p or ts a n d ot h e r da t a pe r t i n e nt t o t h e c as e.
(f ) D i s c h a rg e o f J u di c i al l y C o m mi tt ed D i s abl e d C h i l d . – U po n m ot i o n of t h e pa r en t ,
gu a rd i a n o r i n s ti tu ti o n t o w hi c h th e c h i l d ha s b ee n j u di c i al l y c o m m i t t ed u n de r t hi s R ul e,
th e c o u rt , af te r h e ar i n g, s h al l o r de r t he di s c h a rg e o f s u c h c hi l d i f i t i s es t ab l i s h ed a n d
c e rti fi e d b y t he D e pa rtm e nt t ha t :
(1 ) H e i s n o l o ng e r a d an g er t o hi m s el f an d t he c om m u ni t y;
(2 ) H e ha s b ee n s uf fi c i e ntl y r eh ab i l i t a te d f rom h i s p h ys i c al h a n di c a p o r i f of w o rk i n g ag e ,
i s al re a d y fi t to en g ag e i n gai n f ul oc c up at i o n ; or
(3 ) H e h as b e en s uf fi c i e nt l y r el i ev e d of h i s p s yc h ol og i c al , m en t al a n d em o t i on al p r ob l em s
an d i s r e ad y to as s um e n orm a l s o c i a l re l a ti on s .
S E C . 7 . E f fe c ti vi t y. – T hi s rul e s h al l t ak e e ff ec t on A p ri l 1 5 , 2 00 2 a f t er i t s pu bl i c at i o n i n
a n e ws p ap e r of ge n er al c i rc ul at i o n no t l a te r t ha n Ma rc h 1 5, 2 0 02 .
A.M. NO. 02-1-18-SC February 28, 2002
RULE ON JUVENILES IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving juveniles in conflict
with the law.
A juvenile in conflict with the law is a person who at the time of the commission of the offense is below
eighteen (18) years of age but not less than nine (9) years of age.
This Rule shall not apply to an accused who at the time of initial contact as defined in Section 4(p) of this Rule,
or at any time thereafter, shall have reached the age of eighteen (18), in which case the regular rules on
criminal procedure shall apply without prejudice to the rights granted under Sections 36, 37, 38 and 39 of this
Rule. (n)
Section 2. Objective.– The objective of this Rule is to ensure that the justice system treats every juvenile in
conflict with the law in a manner that recognizes and upholds his human dignity and worth, and instills in him
respect for the fundamental rights and freedoms of others. The Rule considers his developmental age and the
desirability of his reintegration into and assumption of a constructive role in society in accordance with the
principle of restorative justice.
To attain this objective, the Rule seeks:
a) To provide a procedure in the adjudication of juveniles in conflict with the law that takes into
account their distinct circumstances and assures the parties of a fair hearing with their
constitutional and statutory rights recognized and respected;
b) To divert from the justice system juveniles who can be cared for or placed under community-
based alternative programs of treatment, training and rehabilitation in conformity with the principle
of restorative justice;
c) To deal with the juvenile in a family environment whenever possible, separate him from his
parents only when necessary for his welfare or in the interest of public safety;
d) To remove from juveniles in conflict with the law the stigma of criminality and the consequences
of criminal behavior; and
e) To provide for the care, protection and wholesome moral, mental, and physical development of
juveniles in conflict with the law.
Section 3. Interpretation.– This Rule shall be interpreted liberally to promote the best interests of the child in
conformity with Philippine laws and the United Nations’ Convention on the Rights of the Child.
Section 4. Definitions. – As used in this Rule,
(a) To be in conflict with the law means being charged with the commission of an act defined and
punished as a crime or offense under the law, including violations of traffic laws, rules and
regulations, and ordinances of local government units.
(b) Serious offense refers to any offense not covered by Section 1, par. B, Criminal Cases, of the
Rule on Summary Procedure, to wit: (1) violations of traffic laws, rules and regulations; (2)
violations of the rental law; (3) violations of municipal or city ordinances; (4) all other offenses
punished with imprisonment not exceeding six months, or a fine not exceeding one thousand
pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of
the civil liability arising therefrom; provided, however, that in offenses involving damage to property
through criminal negligence, the imposable fine is not in excess of ten thousand pesos
(P10,000.00).
(c) Youth detention center refers to a government-owned or operated agency providing habilitative
and rehabilitative facilities where a juvenile in conflict with the law may be physically restricted
pending court disposition of the charge against him.
(d) Intake report is a preliminary written report containing the personal and other circumstances of
the juvenile in conflict with the law and prepared by the social worker assigned by the Department
of Social Welfare and Development (DSWD) or local government unit to assist him as soon as he
enters the justice system.
(e) Case study report is a written report of the result of an investigation conducted by the social
worker designated by the Family Court on the social, cultural, economic and legal status or
condition of the juvenile in conflict with the law. It includes, among others, his developmental age;
educational attainment; family and social relationships; the quality of his peer group; the strengths
and weaknesses of his family; parental control over him; his attitude toward the offense; the harm
or damage done to others resulting from the offense; his record of prior offenses, if any; and the
attitude of his parents towards his responsibility for the offense.
(f) Diversion refers to an alternative child-appropriate process of determining the responsibility and
treatment of a juvenile in conflict with the law on the basis of his social, cultural, economic,
psychological or educational background without resorting to formal court adjudication.
(g) Diversion programs refer to programs that the juvenile in conflict with the law is required to
undergo in lieu of formal court proceedings.
(h) Disposition conference is a meeting held by the court with the social worker who prepared the
case study report together with the juvenile in conflict with the law and his parents or guardian ad
litem, for the purpose of determining the disposition measures appropriate to the personal and
peculiar circumstances of the juvenile.
 (i) Recognizance is an undertaking in lieu of a bond assumed by a parent or custodian who shall
be responsible for the appearance in court by the juvenile in conflict with the law when required.
(j) Probation is a disposition alternative under which a juvenile in conflict with the law is released
and permitted to remain in his home after conviction and sentence. The juvenile is subject to
conditions imposed in the sentence and to supervision by the court and a probation officer who has
the duty to return the juvenile to the court in case of violation of a condition of his probation.
(k) Suspended sentence is the holding in abeyance of the service of the sentence imposed by the
court upon a finding of guilt of the juvenile in conflict with the law who will undergo rehabilitation.
(l) Community continuum is a community-based group therapy process that provides continuous
guidance and support to the juvenile in conflict with the law upon his release from rehabilitation
and his reintegration into society.
(m) Age of criminal responsibility is the age when a juvenile who is nine (9) years or over but under
fifteen (15) years commits an offense with discernment.
(n) Discernment means the mental capacity to understand the difference between right and wrong
and its consequences.
(o) Restorative Justice is 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 can be reintegrated into society. It also enhances public safety by activating
the offender, the victim and the community in prevention strategies.
(p) Initial contact is the apprehension or taking into custody of a juvenile in conflict with the law by
law enforcement officers or private citizens. It includes the time when the juvenile receives a
subpoena under Section 3 (b) of Rule 112 of the Revised Rules of Criminal Procedure or
summons under Section 6 (a) or Sec. 9 (b) of the same Rule in cases that do not require
preliminary investigation or where there is no necessity to place the juvenile under immediate
custody.
(q) Corporal punishment is any kind of physical punishment inflicted on the body as distinguished
from pecuniary punishment or fine.
Section 5. Exemption from Criminal Liability.– A minor under nine (9) years of age at the time of the
commission of the offense shall be exempt from criminal liability.
A minor nine (9) years and above but under fifteen (15) years of age at the time of the commission of the
offense shall be committed to the care of his father or mother, or nearest relative or family friend, in the sound
discretion of the court and subject to its supervision. However, if the prosecution proves that he has acted with
discernment, he shall be proceeded against in accordance with Sections 24 to 28, or 36 to 40 of this Rule, as
the case may be, and subjected to a delinquency prevention program as determined by the court.
Exemption from criminal liability does not include exemption from civil liability which shall be enforced in
accordance with the provisions of Article 221 of the Family Code in relation to Article 101 of the Revised Penal
Code and Rule 111 of the Revised Rules of Criminal Procedure.
In case the act or omission of the juvenile involves a quasi-delict, Article 2180 of the Civil Code shall apply.
Section 6. Procedure in Taking a Juvenile into Custody. – Any person taking into custody a juvenile in
conflict with the law shall:
(a) Identify himself and present proper identification to the juvenile;
(b) Inform the juvenile of the reason for such custody and advise him of his constitutional rights in a
language or dialect understood by him;
(c) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making
sexual advances on the juvenile;
(d) 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;
(e) Refrain from subjecting the juvenile to greater restraint than is necessary for his apprehension;
(f) Avoid violence or unnecessary force;
(g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and the local social
welfare officer as soon as the apprehension is made;
(h) Take the juvenile immediately to an available government medical or health officer for a
physical and mental examination. The examination results shall be kept confidential unless
otherwise ordered by the Family Court. Whenever treatment for any physical or mental defect is
necessary, steps shall be immediately taken by the said officer to provide the juvenile with the
necessary and proper treatment; and
(i) Hold the juvenile in secure quarters separate from that of the opposite sex and adult offenders.
Section 7. Taking Custody of a Juvenile Without a Warrant. – A peace officer or a private person taking
into custody a juvenile in conflict with the law without a warrant shall likewise follow the provisions of Sections
5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver him to the
nearest police station. The juvenile shall be proceeded against in accordance with Section 7 of Rule 112.
Section 8. Conduct of Initial Investigation by the Police. – The police officer conducting the initial
investigation of a juvenile in conflict with the law shall do so in the presence of either of the parents of the
juvenile; in the absence of both parents, the guardian or the nearest relative, or a social welfare officer, and
the counsel of his own choice. In their presence, the juvenile shall be informed of his constitutional rights
during custodial investigation.
The right of the juvenile to privacy shall be protected at all times. All measures necessary to promote this right
shall be taken, including the exclusion of the media.
Section 9. Fingerprinting and Photographing of the Juvenile. – While under investigation, no juvenile in
conflict with the law shall be fingerprinted or photographed in a humiliating and degrading manner. The
following guidelines shall be observed when fingerprinting or photographing the juvenile:
(a) His fingerprint and photograph files shall be kept separate from those of adults and shall be
kept confidential. They may be inspected by law enforcement officers only when necessary for the
discharge of their duties and upon prior authority of the Family Court;
(b) His fingerprints and photographs shall be removed from the files and destroyed: (1) if the case
against him is not filed, or is dismissed; or (2) when the juvenile reaches twenty one (21) years of
age and there is no record that he committed an offense after reaching eighteen (18) years of age.
Section 10. Intake Report by the Social Welfare Officer. – Upon the taking into custody of a juvenile in
conflict with the law, the social welfare officer assigned to him by the DSWD shall immediately undertake a
preliminary background investigation of the juvenile and submit, prior to arraignment of the juvenile, a report
on his findings to the Family Court in which the case may be filed.
Section 11. Filing of Criminal Action. – A criminal action may be instituted against a juvenile in conflict with
the law by filing a complaint with the prosecutor or the municipal trial court in cases where a preliminary
investigation is required. In Manila and other chartered cities, if their charters so provide, the complaint shall
be filed with the Office of the Prosecutor. It may also be filed directly with the Family Court if no preliminary
investigation is required under Section 1 of Rule 112 of the Revised Rules of Criminal Procedure.
All criminal actions commenced by complaint or information shall be prosecuted under the direction and
control of the public prosecutor assigned to the Family Court.
municipal jail which shall provide adequate quarters for the juvenile separate from adult detainees and
detainees of the opposite sex.
Section 19. Case Study Report. – After the institution of the criminal action, the social worker of the Family
Court shall immediately undertake a case study of the juvenile and his family, his environment and such other
matters relevant to the proper disposition of the case. His report shall be submitted within the period fixed by
the Family Court, preferably before arraignment, to aid it in the proper disposition of the case.

Section 12. Prosecution of Civil Action. – When a criminal action is instituted against a juvenile in conflict
with the law, the action for recovery of civil liability arising from the offense charged shall be governed by Rule
111 of the Revised Rules of Criminal Procedure.
Section 13. Preliminary Investigation. – As far as consistent with this Rule, the preliminary investigation of a
juvenile in conflict with the law shall be governed by Section 3 of Rule 112 of the Revised Rules of Criminal
Procedure. If clarificatory questions become necessary, the Rule on Examination of a Child Witness shall
apply.
If a preliminary investigation is required before the filing of a complaint or information, the same shall be
conducted by the judge of the Municipal Trial Court or the public prosecutor in accordance with the pertinent
provisions of Rule 112 of the Revised Rules of Criminal Procedure.
If the investigating prosecutor finds probable cause to hold the juvenile for trial, he shall prepare the
corresponding resolution and information for approval by the provincial or city prosecutor, as the case may be.
The juvenile, his parents/nearest relative/guardian and his counsel shall be furnished forthwith a copy of the
approved resolution.
Section 20. Diversion Proceedings Before Arraignment. – Where the maximum penalty imposed by law for
the offense with which the juvenile in conflict with the law is charged is imprisonment of not more than six (6)
months, regardless of fine or fine alone regardless of amount, and the corresponding complaint or information
is filed with the Family Court, the case shall not be set for arraignment; instead, it shall forthwith be referred to
the Diversion Committee which shall determine whether the juvenile can be diverted and referred to alternative
measures or services offered by non-court institutions. Pending determination by the Committee, the court
shall deliver the juvenile on recognizance to the custody of his parents or legal guardian who shall be
responsible for the presence of the juvenile during the diversion proceedings.
Section 21. Diversion Committee. – In each Family Court, there shall be a Diversion Committee to be
composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of the Public Attorney’s
Office and the social worker assigned to the said Family Court as members.
The chairperson of the Committee shall call for a conference with notice to the juvenile, his parents/legal
guardian and his counsel, and the private complainant and his counsel, and recommend to the Family Court
whether the juvenile should be diverted to a diversion program or undergo formal court proceedings. In making
its recommendation, the Committee shall consider the following factors:
a) The record of the juvenile on his conflict with the law;

Section 14. Venue. – Subject to the provisions of Section 15, Rule 110 of the Revised Rules of Criminal
Procedure, any criminal or civil action involving a juvenile in conflict with the law shall be instituted and tried in b) Whether the imposable maximum penalty of the offense is more than six (6) months, regardless
the Family Court of or nearest the place where the offense was committed or where any of its essential of fine; or only a fine, regardless of amount;
elements occurred.

c) Whether the juvenile is an obvious threat to himself and/or the community;

Section 15. Recognizance. – Before final conviction, all juveniles charged with offenses falling under the
Revised Rule on Summary Procedure shall be released on recognizance to the custody of their parents or
other suitable person who shall be responsible for the juveniles’ appearance in court whenever required. d) Whether the juvenile is unrepentant;

Section 16. When Bail a Matter of Right. – All juveniles in conflict with the law shall be admitted to bail as a e) Whether the juvenile or his parents are indifferent or hostile; and
matter of right before final conviction of an offense not punishable by death, reclusion perpetua or life
imprisonment.
f) Whether the juvenile’s relationships with his peers increase the possibility of delinquent behavior.

In the event the juvenile cannot post bail for lack of financial resources, the Family Court shall commit the
If the Committee recommends diversion, it shall submit the diversion program for the juvenile for the
juvenile pursuant to Section 18 of this Rule.
consideration and approval of the court.

However, where the juvenile does not pose a threat to public safety, the Family Court may, motu proprio or
The Committee cannot recommend diversion should the juvenile or the private complainant object thereto. If
upon motion and recommendation of the DSWD, release the juvenile on recognizance to the custody of his
no diversion program is recommended, the court shall include the case in its calendar for formal proceedings.
parents or other responsible person.

Consent to diversion by the juvenile or payment by him of civil indemnity shall not in any way be construed as
Section 17. When Bail Not A Matter of Right. – No juvenile charged with an offense punishable by death,
admission of guilt and used as evidence against him in the event that his case is included in the court calendar
reclusion perpetua or life imprisonment shall be admitted to bail when evidence of guilt is strong.
for formal proceedings.

Section 18. Care of Juveniles in Conflict with the Law. – The juvenile charged with having committed a
Section 22. Diversion Programs. – The diversion program designed by the Committee shall be distinct to
delinquent act, held for trial or while the case is pending appeal, if unable to furnish bail or is denied bail, shall,
each juvenile in conflict with the law limited for a specific period. It may include any or a combination of the
from the time of his being taken into custody, be committed by the Family Court to the care of the DSWD, a
following:
youth detention center, or a local rehabilitation center recognized by the government in the province, city or
municipality within the jurisdiction of the said court. The center or agency concerned shall be responsible for
the juvenile’s appearance in court whenever required. In the absence of any such center or agency within a a) Written or oral reprimand or citation;
reasonable distance from the venue of the trial, the juvenile shall be detained in the provincial, city or
 b) Return of property;
c) Payment of the damage caused;
d) Written or oral apology;
e) Guidance and supervision orders;
f) Counseling for the juvenile and his family;
g) Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or
conflict resolution skills; (iii) values formation; and (iv) other skills that will aid the juvenile to
properly deal with situations that can lead to a repetition of the offense;
h) Participation in available community-based programs;
i) Institutional care and custody; or
j) Work-detail program in the community.
Section 23. Hearing of Diversion Program. – The Family Court shall set the recommendation and diversion
program for hearing within ten (10) days from receipt thereof.
Section 24. Undertaking. – In all cases where a juvenile in conflict with the law is given the benefit of a
diversion program, an undertaking describing the program shall be signed by him, his parents or legal
guardian and the complainant, and approved by the Family Court. The program, which shall be enforced
under the supervision and control of the Family Court, shall contain the following terms and conditions:
a) The juvenile shall present himself to the social worker of the Family Court that approved the
diversion program at least once a month for evaluation of its effectiveness. Whenever the juvenile
is permitted to reside in a place under the jurisdiction of another Family Court, control and
supervision over him shall be transferred to the Family Court of that place, and in such case, a
copy of the undertaking, the intake and case study reports and other pertinent records shall be
furnished the said court. Thereafter, the Family Court to which jurisdiction over the juvenile is
transferred shall have the power with respect to the latter that was previously possessed by the
Family Court that approved the diversion and such other conditions as the Committee may deem
just and proper under the circumstances.
b) The juvenile shall faithfully comply with the terms and conditions in the undertaking. His non-
compliance shall be referred by the Committee to the Family Court where the case has been
transferred for a show-cause hearing with notice to the juvenile and private complainant. The court
shall determine whether the juvenile should continue with the diversion program or his case
returned to the original court for formal proceedings.
The Family Court shall exert its best efforts to secure satisfaction of the civil liability of the juvenile and his
parents or guardian. However, inability to pay the said liability shall not by itself be a ground to discontinue the
diversion program of the juvenile.
Section 25. Closure Order. – The juvenile subject of diversion proceedings shall be visited periodically by the
Family Court social worker who shall submit to the Committee his reports thereon. At any time before or at the
end of the diversion period, a report recommending closure or extension of diversion, as the case may be,
shall be filed by the Committee with the Family Court. The report and recommendation shall be heard by the
Family Court within fifteen (15) days from its receipt thereof, with notice to the members of the Committee, the
juvenile and his parents or legal guardian and counsel and the complainant to determine whether the
undertaking has been fully and satisfactorily complied with. If the juvenile has complied with his undertaking,
the Family Court shall issue the corresponding closure order terminating the diversion program. It may,
however, extend the period of diversion to give the juvenile a further chance to be rehabilitated. In the event
the court finds that the diversion program will no longer serve its purpose, it shall include the case of the
juvenile in its calendar for formal proceedings.
Section 26. Duty of the Family Court to Protect the Rights of the Juvenile. – In all criminal proceedings in
the Family Court, the judge shall ensure the protection of the following rights of the juvenile in conflict with the
law:
a) To be presumed innocent until the contrary is proved beyond reasonable doubt;
b) To be informed promptly and directly of the nature and cause of the charge against him, and if
appropriate, through his parents or legal guardian;
c) To be present at every stage of the proceedings, from arraignment to promulgation of judgment.
The juvenile may, however, waive his presence at the trial pursuant to the stipulations set forth in
his bail, unless his presence at the trial is specifically ordered by the court for purposes of
identification. The absence of the juvenile without justifiable cause at the trial of which he had
notice shall be considered a waiver of his right to be present thereat. When the juvenile under
custody escapes, he shall be deemed to have waived his right to be present in all subsequent
hearings until custody over him is regained;
d) To have legal and other appropriate assistance in the preparation and presentation of his
defense;
e) To testify as a witness in his own behalf and subject to cross-examination only on matters
covered by direct examination, provided that the Rule on the Examination of a Child Witness shall
be observed whenever convenient and practicable.
The juvenile shall not be compelled to be a witness against himself and his silence shall not in any
manner prejudice him;
f) To confront and cross-examine the witnesses against him;
g) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf;
h) To have speedy and impartial trial, with legal or other appropriate assistance and preferably in
the presence of his parents or legal guardian, unless such presence is considered not to be in the
best interests of the juvenile taking into account his age or other peculiar circumstances;
i) To appeal in all cases allowed and in the manner prescribed by law;
j) To be accorded all the rights under the Rule on Examination of a Child Witness; and
k) To have his privacy fully respected in all stages of the proceedings.
Section 27. Arraignment and Plea. – The provisions of Rules 116 and 117 of the Revised Rules of Criminal
Procedure shall apply to the arraignment of the juvenile in conflict with the law. The arraignment shall be
scheduled within seven (7) days from the date of the filing of the complaint or information with the Family
Court, unless a shorter period is provided for by law.
Arraignment shall be held in chambers and conducted by the judge by furnishing the juvenile a copy of the
complaint or information, reading the same in a language or dialect known to and understood by him,
explaining the nature and consequences of a plea of guilty or not guilty and asking him what his plea is.
Section 28. Pre-trial. – The provisions of Rule 118 of the Revised Rules of Criminal Procedure shall govern
the pre-trial of the juvenile in conflict with the law. Agreements or admissions made during the pre-trial
conference shall be in writing and signed by the juvenile, his parents or guardian and his counsel; otherwise,
they cannot be used against him.
Whenever possible and practicable, the Family Court shall explore all possibilities of settlement of the case,
except its criminal aspect. Plea bargaining shall be resorted to only as a last measure when it will serve the
best interests of the juvenile and the demands of restorative justice.
Section 29. Trial. – All hearings shall be conducted in a manner conducive to the best interests of the juvenile
and in an environment that will allow him to participate fully and freely in accordance with the Rule on
Examination of a Child Witness.
Section 30. Guiding Principles in Judging the Juvenile. – Subject to the provisions of the Revised Penal
Code, as amended, and other special laws, the judgment against a juvenile in conflict with the law shall be
guided by the following principles:
1. It shall be in proportion to the gravity of the offense, and shall consider the circumstances and
the best interests of the juvenile, the rights of the victim, the needs of society in line with the
demands of restorative justice.
2. Restrictions on the personal liberty of the juvenile shall be limited to the minimum. Where
discretion is given by law to the judge to determine whether the penalty to be imposed is fine or
imprisonment, the imposition of the former should be preferred as the more appropriate penalty.
3. No corporal punishment shall be imposed.
Section 31. Promulgation of Sentence. – If after trial the Family Court should find the juvenile in conflict with
the law guilty, it shall impose the proper penalty, including any civil liability which the juvenile may have
incurred, and promulgate the sentence in accordance with Section 6, Rule 120 of the Revised Rules of
Criminal Procedure.
Section 32. Automatic Suspension of Sentence and Disposition Orders. – The sentence shall be
suspended without need of application by the juvenile in conflict with the law. The court shall set the case for
disposition conference within fifteen (15) days from the promulgation of sentence which shall be attended by
the social worker of the Family Court, the juvenile, and his parents or guardian ad litem. It shall proceed to
issue any or a combination of the following disposition measures best suited to the rehabilitation and welfare
of the juvenile:
1. Care, guidance, and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counseling and similar activities;
5. Commitment to the Youth Rehabilitation Center of the DSWD or other centers for juveniles in
conflict with the law authorized by the Secretary of the DSWD.
The Social Services and Counseling Division (SSCD) of the DSWD shall monitor the compliance by the
juvenile in conflict with the law with the disposition measure and shall submit regularly to the Family Court a
status and progress report on the matter. The Family Court may set a conference for the evaluation of such
report in the presence, if practicable, of the juvenile, his parents or guardian, and other persons whose
presence may be deemed necessary.
The benefits of suspended sentence shall not apply to a juvenile in conflict with the law who has once enjoyed
suspension of sentence, or to one who is convicted of an offense punishable by death, reclusion perpetua or
life imprisonment, or when at the time of promulgation of judgment the juvenile is already eighteen (18) years
of age or over.
Section 33. Discharge of Juvenile Subject of Disposition Measure. – Upon the recommendation of the
SSCD and a duly authorized officer of the DSWD, the head of an appropriate center or the duly accredited
child-caring agency which has custody over the juvenile, the Family Court shall, after due notice to all parties
and hearing, dismiss the case against the juvenile who has been issued disposition measures, even before he
has reached eighteen (18) years of age, and order a final discharge if it finds that the juvenile has behaved
properly and has shown the capability to be a useful member of the community.
If the Family Court, however, finds that the juvenile has not behaved properly, has been incorrigible, has not
shown the capability of becoming a useful member of society, has willfully failed to comply with the conditions
of his disposition or rehabilitation program, or should his continued stay in the training institution where he has
been assigned be not in his best interests, he shall be brought before the court for execution of his judgment.
If the juvenile in conflict with the law has reached the age of eighteen (18) years while in commitment, the
Family Court shall determine whether to dismiss the case in accordance with the first paragraph of this Section
or to execute the judgment of conviction. In the latter case, unless the juvenile has already availed of probation
under Presidential Decree No. 603 or other similar laws, he may apply for probation if qualified under the
provisions of the Probation Law.
The final release of the juvenile shall not extinguish his civil liability. The parents and other persons exercising
parental authority over the juvenile shall be civilly liable for the injuries and damages caused by the acts or
omissions of the juvenile living in their company and under their parental authority subject to the appropriate
defenses provided by law.
Section 34. Probation as an Alternative to Imprisonment. – After promulgation of sentence and upon
application at any time by the juvenile in conflict with the law within the period to appeal, the Family Court may
place the juvenile on probation, if he is qualified under the Probation Law.
Section 35. Credit in Service of Sentence. – The juvenile in conflict with the law who has undergone
preventive imprisonment shall be credited in the service of his sentence consisting of deprivation of liberty,
with the full time during which he has undergone preventive imprisonment, if he agrees voluntarily in writing to
abide by the same or similar disciplinary rules imposed upon convicted prisoners, except in any of the
following cases:
1. When the juvenile is a recidivist or has been convicted previously twice or more times of any
crime; or
2. When upon being summoned for execution of sentence, he failed to surrender voluntarily.
If the juvenile does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he
shall be credited in the service of his sentence with four-fifths of the time during which he has undergone
preventive imprisonment.
Whenever the juvenile has undergone preventive imprisonment for a period equal to or more than the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the
proceeding on appeal, if the same is under review. In case the maximum penalty to which the juvenile may be
sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.
Any form of physical restraint imposed on the juvenile in conflict with the law, including community service and
commitment to a rehabilitation center, shall be considered preventive imprisonment.
Section 36. Confidentiality of Proceedings and Records. – All proceedings and records involving juveniles
in conflict with the law from initial contact until final disposition of the case by the Family Court shall be
considered privileged and confidential. The public may be excluded from the proceedings and, pursuant to the
provisions of Section 31 of the Rule on Examination of a Child Witness, 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 juvenile may have his sentence suspended under Section 25 of this
Rule or if he may be granted probation under the Probation Law, or to enforce the civil liability imposed in the
criminal action.
WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction of
valuable resources of the country;
WHEREAS, there are various laws and presidential decrees which penalized illegal possession and
manufacture of firearms, ammunition and explosives;

The Family Court shall take other measures to protect this confidentiality of proceedings including non- WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to
disclosure of records to the media, the maintenance of a separate police blotter for cases involving juveniles in harmonize their provisions;
conflict with the law and the adoption of a system of coding to conceal material information, which will lead to
the juvenile’s identity. Records of juveniles in conflict with the law shall not be used in subsequent proceedings
WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and
or cases involving the same offender as an adult.
revised in order to more effectively deter violators of the law on firearms, ammunition and explosives.

Section 37. Non-liability for perjury or concealment or misrepresentation. – Any person who has been in
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me
conflict with the law as a juvenile shall not be held guilty of perjury or of concealment or misrepresentation by
vested by the Constitution, do hereby decree:1awphi1©
reason of his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made
to him for any purpose.
Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or
Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition. - The penalty of
Section 38. Sealing of Records. – The Family Court motu proprio, or on application of a person who has
reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall
been adjudged a juvenile in conflict with the law, or if still a minor, on motion of his parents or legal guardian,
unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or
shall, upon notice to the prosecution and after hearing, order the sealing of the records of the case if it finds
machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition.
that two (2) years have elapsed since the final discharge of the juvenile after suspension of sentence or
probation, or from the date of the closure order and he has no pending case of an offense or a crime involving
moral turpitude. If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be
imposed.
Upon entry of the order, the case shall be treated as if it never occurred. All index references shall be deleted
and in case of inquiry, the Family Court, prosecution, law enforcement officers and all other offices and If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion,
agencies that dealt with the case shall reply that no record exists with respect to the juvenile concerned. insurrection or subversion, the penalty of death shall be imposed.
Copies of the order shall be sent to these officials and agencies named in the order. Inspection of the sealed
records thereafter may be permitted only by order of the Family Court upon petition of the juvenile who is the
subject of the records or of other proper parties. The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the
owner, president, manager, director or other responsible officer of any public or private firm, company,
corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company,
This procedure shall be without prejudice to the rule on destruction of video or audio tapes under Section 31 of corporation or entity to be used by any person or persons found guilty of violating the provisions of the
the Rule on the Examination of a Child Witness. preceding paragraphs.

Section 39. Prohibition Against Labeling. – In the conduct of proceedings from initial contact with the
juvenile in conflict with the law to the final disposition of the case, there shall be no branding or labeling of the
latter as a young criminal, juvenile delinquent, prostitute, vagrant, or attaching to him in any manner any
derogatory name. Likewise, no discriminatory remarks and practices shall be allowed, particularly with respect
to the juvenile’s social or economic status, physical disability or ethnic origin.
Section 40. Contempt Powers. – A person who directly or indirectly disobeys any order of the Family Court
or obstructs or interferes with its proceedings or the enforcement of its orders issued under this Rule shall be
liable for contempt of court.
Section 41. Effectivity. – This rule shall take effect on April 15, 2002 after its publication in a newspaper of
general circulation not later than March 15, 2002.
Presidential Decree No. 1866 June 29, 1983
Amended by RA 9516 "Section 3 and 4"
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN,
ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS
USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES"
WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the
proliferation of illegally possessed and manufactured firearms, ammunition and explosives;
The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm outside
his residence without legal authority therefor.
Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any machinery,
tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business
or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie
evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.
Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The penalty of
reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall
unlawfully manufacture, assemble, deal in, acquire, dispose or possess handgrenade(s), rifle grenade(s) and
other explosives, including but not limited to "philbox bombs", "molotov cocktail bomb", "fire-bombs", or other
incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to
any person.1awphi1©ITC
Any person who commits any of the crimes defined in the Revised Penal Code or special laws with the use of
the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any
person or persons shall be punished with the penalty of death.
If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion,
insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the
owner, president, manager, director or other responsible officer of any public or private firm, company,
corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm, company,
corporation or entity to be used by any person or persons found guilty of violating the provisions of the
preceding paragraphs.
Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or instrument
directly used in the manufacture of explosives, by any person whose business or employment does not
lawfully deal with the manufacture of explosives shall be prima facie evidence that such article is intended to
be used in the unlawful/illegal manufacture of explosives.
Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed upon any
person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.
Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The penalty of
prision mayor shall be imposed upon any person who shall unlawfully repack, alter or modify the composition
of any lawfully manufactured explosives.
Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence. -
The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue
authority to carry firearm and/or ammunition outside of residence, without authority therefor.
Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall promulgate the rules and
regulations for the effective implementation of this Decree.
Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No. 9, Presidential
Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which are inconsistent with
this Decree are hereby repealed, amended or modified accordingly.
Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following the completion of its
publication in the Official Gazette.
Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen hundred and eighty-three.
Republic Act No. 8294 June 6, 1997
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED,
ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR
INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT
PURPOSES."
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or
ammunition or instruments used or intended to be used in the manufacture of firearms or
ammunition. – The penalty of prision correccional in its maximum period and a fine of not less than
Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall unlawfully
manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire
handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to be used in the manufacture of any firearm or
ammunition: Provided, That no other crime was committed.
"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000)
shall be imposed if the firearm is classified as high powered firearm which includes those with
bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also
lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire
magnum and other firearms with firing capability of full automatic and by burst of two or three:
Provided, however, That no other crime was committed by the person arrested.
"If homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of
rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an
element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of the preceding paragraphs or
willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their employment.
"The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed
firearm outside his residence without legal authority therefor."
Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. – The
penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than
Fifty thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s),
and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or
other incendiary devices capable of producing destructive effect on contiguous objects or causing
injury or death to any person.
"When a person commits any of the crimes defined in the Revised Penal Code or special laws with
the use of the aforementioned explosives, detonation agents or incendiary devices, which results
in the death of any person or persons, the use of such explosives, detonation agents or incendiary
devices shall be considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of
rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an
element of the crimes of rebellion, insurrection, sedition or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the explosives owned by such firm, company, corporation or entity, to be
used by any person or persons found guilty of violating the provisions of the preceding
paragraphs."
Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 5. Tampering of firearm's serial number. – The penalty of prision correccional shall be
imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number
of any firearm."
Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
 "Sec. 6. Repacking or altering the composition of lawfully manufactured explosives. – The penalty
of prision correccional shall be imposed upon any person who shall unlawfully repack, alter or
modify the composition of any lawfully manufactured explosives."
Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the crime.
Section 6. Rules and regulations. – The Department of Justice and the Department of the Interior and Local
Government shall jointly issue, within ninety (90) days after the approval of this Act, the necessary rules and
regulations pertaining to the administrative aspect of the provisions hereof, furnishing the Committee on Public
Order and Security and the Committee on Justice and Human Rights of both Houses of Congress copies of
such rules and regulations within thirty (30) days from the promulgation hereof.
Section 7. Separability clause. – If, for any reason, any Sec. or provision of this Act is declared to be
unconstitutional or invalid, the other Sec.s or provisions thereof which are not affected thereby shall continue
to be in full force and effect.
Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or parts thereof inconsistent
with the provisions of this Act are hereby repealed, amended, or modified accordingly.
Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in the Official
Gazette or in two (2) newspapers of general circulation.
Approved: June 6, 1997.
PRESIDENTIAL DECREE No. 749 July 18, 1975
GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF BRIBES AND OTHER GIFTS AND TO
THEIR ACCOMPLICES IN BRIBERY AND OTHER GRAFT CASES AGAINST PUBLIC OFFICERS
WHEREAS, public office is a public trust: public officers are but servants of the people, whom they must serve
with utmost fidelity and integrity;
WHEREAS, it has heretofore been virtually impossible to secure the conviction and removal of dishonest
public servants owing to the lack of witnesses: the bribe or gift-givers being always reluctant to testify against
the corrupt public officials and employees concerned for fear of being indicted and convicted themselves of
bribery and corruption;
WHEREAS, it is better by far and more socially desirable, as well as just, that the bribe or gift giver be granted
immunity from prosecution so that he may freely testify as to the official corruption, than that the official who
receives the bribe or gift should be allowed to go free, insolently remaining in public office, and continuing with
his nefarious and corrupt practices, to the great detriment of the public service and the public interest.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby decree and order that:
Section 1. Any person who voluntarily gives information about any violation of Articles 210, 211, and 212 of
the Revised Penal Code; Republic Act Numbered Three Thousand Nineteen, as amended; Section 345 of the
Internal Revenue Code and Section 3604 of the Tariff and Customs Code and other provisions of the said
Codes penalizing abuse or dishonesty on the part of the public officials concerned; and other laws, rules and
regulations punishing acts of graft, corruption and other forms of official abuse; and who willingly testifies
against any public official or employee for such violation shall be exempt from prosecution or punishment for
the offense with reference to which his information and testimony were given, and may plead or prove the
giving of such information and testimony in bar of such prosecution: Provided; that this immunity may be
enjoyed even in cases where the information and testimony are given against a person who is not a public
official but who is a principal, or accomplice, or accessory in the commission of any of the above-mentioned
violations: Provided, further, that this immunity may be enjoyed by such informant or witness notwithstanding
that he offered or gave the bribe or gift to the public official or his accomplice for such gift or bribe-giving; and
Provided, finally, that the following conditions concur:
1. The information must refer to consummated violations of any of the above-mentioned provisions
of law, rules and regulations;
2. The information and testimony are necessary for the conviction of the accused public officer;
3. Such information and testimony are not yet in the possession of the State;
4. Such information and testimony can be corroborated on its material points; and
5. The informant or witness has not been previously convicted of a crime involving moral turpitude.
Section 2. The immunity granted hereunder shall not attach should it turn out subsequently that the
information and/or testimony is false and malicious or made only for the purpose of harassing, molesting or in
any way prejudicing the public officer denounced. In such a case, the public officer so denounced shall be
entitled to any action, civil or criminal, against said informant or witness.
Section 3. All preliminary investigations conducted by a prosecuting fiscal, judge or committee, and all
proceedings undertaken in connection therewith, shall be strictly confidential or private in order to protect the
reputation of the official under investigation in the event that the report proves to be unfounded or no prima
facie case is established.
Section 4. All acts, decrees and rules and regulations inconsistent with the provisions of this decree are
hereby repealed or modified accordingly.
Section 5. This Decree shall take effect immediately.
DONE in the City of Manila, this 18th day of July, in the year of Our Lord, nineteen hundred and seventy-five.
PRESIDENTIAL DECREE No. 1731
PROVIDING FOR REWARDS AND INCENTIVES TO GOVERNMENT WITNESSES AND INFORMANTS
AND OTHER PURPOSES
WHEREAS, reports from law enforcement agencies reveal that crimes against National Security or Public
Order and organized/syndicated crime in the country are becoming sophisticated, diversified, and widespread;
WHEREAS, such criminal activities have resulted not only in the wanton destruction of lives and properties but
have likewise weakened the Nation's economic stability, threatened its security and undermined the general
welfare of its citizens;
WHEREAS, said criminal activities continue to grow because of inadequate evidence-gathering process of the
law and the seeming apathy of the citizens in testifying against entrenched and feared malefactors;
WHEREAS, there is an imperative need to neutralize crimes against National Security or Public Order or
organized/syndicated crime in this country before they grow to unmanageable proportions by providing
rewards, incentives, protection and, in certain cases, immunity from criminal prosecution to government
witnesses, so that the total commitment of our people on the side of law enforcement may be encouraged.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby order and decree the following:
Section 1. Definition of Terms. The following terms shall mean and be understood/construed as follows:
(a) Government means the Republic of the Philippines, any political subdivision, or any department,
agency, or instrumentality thereof.
(b) Organized/Syndicated Crime means any crime committed by an organized/syndicated crime
group, including, but not limited to, arson, robbery (hold-up), kidnapping for ransom, prostitution,
illegal recruitment, carnapping, smuggling and piracy, cattle rustling, illicit drug trafficking, labor
rackets, land title rackets, manufacture and/or circulation of fake documents, license, stamps,
currencies, and other government forms, counterfeiting and bank frauds, consumer frauds and
other illegal activities of such groups.
(c) Organized/Syndicated Crime Group means a group of two (2) or more persons collaborating,
confederating or mutually helping one another in the commission of any organized/syndicated
crime.
(d) Witness shall refer to any person who, having organs of sense, can perceive and, perceiving,
can make known his perception to others.
(e) Vital information shall mean any information, document, book, writing or any other evidence
necessary to build up to the people's case and/or secure the conviction of criminals.
Section 2. Whenever in the judgment of the Minister of National Defense testimony from, or willingness to
testify by a witness, would place in danger the witness' life or person, or the life or person of a member of his
family or household, the Minister of National Defense, upon the recommendation of the Chief of the Philippine
Constabulary or the chief of any law enforcement agency, is hereby authorized to:
(a) Provide for the security of such witness who testified/is willing to testify, or who provided/is
willing to provide a vital information leading to the arrest and/or prosecution of any member of an
organized/syndicated crime group or person who participated in any organized/syndicated criminal
activity, or in crimes against national security and public order.
(b) Purchase, rent or remodel protected housing facilities and to otherwise offer to provide
measures for the health, safety, and welfare of such witnesses and potential witnesses and their
families. Any person availing himself of an offer by the Minister of National Defense to use such
facilities may continue to use such facilities for as long as the Minister of National Defense
determines that there is danger to his life or his person.
(c) Upon application of such witnesses, relocate and/or provide new identities to them and their
immediate members of their families. For all legal purposes, such grant of new domiciles and new
identities as duly certified by the Minister of National Defense, shall be valid and binding on all
courts, ministries, agencies and instrumentalities of the government as though acquired under the
provisions of existing law.
(d) Grant monetary reward to any such witnesses in the amounts hereinbelow provided:
1. If the penalty imposable for the crime committed is life imprisonment to death, the
amount of the reward shall be 50,000.00 pesos;
2. If the penalty imposable for the crime committed is imprisonment of from twelve
years and one day to twenty years, the amount of the reward shall be 40,000.00 pesos;
3. If the penalty imposable for the crime committed is imprisonment of from six years
and one day to twelve years, the amount of the reward shall be 30,000.00 pesos ;
4. If the penalty imposable for the crime committed is imprisonment below six years
and one day, the amount of the reward shall be 25,000.00 pesos.
Section 3. Whenever in the judgment of the prosecutor or fiscal the testimony of any witness, who is provided
security by the Minister of National Defense pursuant to Section 2 above, is necessary, proper application for
his production and appearance shall be filed with the Ministry of National Defense.
Section 4. Any such informant or witness who shall testify, or provide vital information, regarding the
existence or activity of a group involved in the commission of crimes against national security or public order,
or of an organized/syndicated crime or crime group, and/or the culpability of the individual members thereof in
accordance with this Decree shall, upon recommendation of the state prosecutor, fiscal or military lawyer, as
approved by the Minister of National Defense or the Minister of Justice, as the case may be, be immune from
criminal prosecution for his participation or involvement in any such criminal activity which is the subject of the
investigation or prosecution, in addition to the benefits under Sec. 2 hereof: Provided, that, immunity from
criminal prosecution shall, in the case of a witness offering to testify, attach only upon his actually testifying in
court in accordance with his undertaking as accepted by the state prosecutor, fiscal, or military lawyer:
Provided, further, that the following conditions are complied with:
(a) There is absolute necessity for the testimony of the witness and/or the information given by him
regarding the existence or activity of a group involved in crimes against national security or public
order or of an organized/syndicated crime or crime group, and/or the culpability of individual
members thereof;
(b) That there is no other direct evidence available for the proper prosecution of the offense
committed, except such testimony and/or such information given by him;
(c) That such testimony or information can be substantially corroborated in its material points; and
(d) The witness, if he is a suspect, respondent or defendant in a case either under investigation, or
filed in court, does not appear to be the most guilty.
Section 5. In all criminal cases, the fact of the witness' entitlement to the incentives and other benefits
provided for in this Decree shall not be admissible in evidence to diminish or effect his credibility.
Section 6. The Minister of National Defense and the Minister of Justice are authorized to call directly on other
ministries, bureaus, offices and other instrumentalities or agencies of the government, including government-
owned or controlled corporations, in the accomplishment of the above tasks.
Section 7. The amount of ten million pesos (P10,000,000.00) is hereby appropriated out of any funds in the
National Treasury not otherwise appropriated to carry into effect the provisions of this Decree.
Section 8. The Minister of National Defense and the Minister of Justice shall jointly promulgate the necessary
rules and regulations to effectively implement the provisions of this Decree.
Section 9. All laws, rules and regulations which are inconsistent with this Decree are hereby repealed and/or
modified accordingly.
Section 10. Separability clause The provisions of this Decree are hereby declared to be separable, and in the
event one or more of such provisions are held unconstitutional, the validity of other provisions shall not be
affected thereby.
Section 11. This Act shall take effect upon its approval.
Done in the City of Manila, this 8th day of October, in the year of Our Lord, nineteen hundred and eighty.
PRESIDENTIAL DECREE No. 1732
PROVIDING IMMUNITY FROM CRIMINAL PROSECUTION TO GOVERNMENT WITNESSES AND FOR
OTHER PURPOSES
WHEREAS, reports of law enforcement agencies reveal that activities of criminal elements in the country have
become sophisticated, diversified and widespread;
WHEREAS, these activities have resulted not only in the wanton destruction of lives and property, but have
likewise weakened the Nation's economic stability, threatened its security and undermined the general welfare
of its citizens;
WHEREAS, crime continues to grow due to, among other reasons, the limited and inadequate system of
evidence-gathering and the seeming apathy and reluctance of the citizenry in testifying against criminal
elements for fear of reprisal;
WHEREAS, it is imperative to provoke the total involvement of the citizenry in the campaign against these
criminal elements by providing immunity from criminal prosecution to any witness who shall give vital
information to the government concerning the existence, operation and activity of such criminal elements, and
to provide for a compulsory process against uncooperative and recalcitrant witnesses;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the power in me
vested by the Constitution, do hereby order and decree the following:
Section 1. As used in this Act, the following terms shall mean or be interpreted and construed as hereunder
defined:
(a) `Witness' shall refer to any person who, having organs of sense, can perceive, and perceiving,
can make known his perceptions to others.
(b) `Court' shall refer to any military or civil court, quasi-judicial body or special court/tribunal.
(c) `Agency' shall refer to any government agency, instrumentality or body and/or officer of said
agency, instrumentality or body, which/who is legally authorized to perform investigation or law
enforcement functions, and to gather or receive information and/or evidence in connection with
such functions.
(d) `Vital information' shall mean any information, document, record, book, writing, or any other
evidence, necessary to build up the people's case and/or secure the conviction of criminals.
(e) Organized/syndicated crime group including, but not limited to, arson, robbery (hold-up),
kidnapping for ransom, prostitution, illegal recruitment, carnapping, smuggling and piracy, cattle
rustling, illicit drug trafficking, labor rackets, land title rackets, manufacture and/or circulation of
fake documents, license, stamps, currencies and other government forms, counterfeiting and bank
frauds, consumer frauds and other illegal activities of such groups.
(f) Organized/syndicated crime group means a group of two (2) or more persons collaborating,
confederating or mutually helping one another in the commission of any organized/syndicated
crime.
Section 2. There is hereby created a Special Committee to be composed of the Minister of National Defense,
the Minister of Justice, the Tanodbayan or their duly authorized representatives, which shall exercise the
function as hereinafter provided for. The members of the Committee shall choose from among themselves, the
chairman who shall preside over its deliberations. The unanimous vote of all the members of the Committee
shall be required for the issuance of an order under Section 3 hereof compelling a witness to testify or to
produce other evidence mentioned in said Section, or to recommend to the President under Section 6 hereof
the arrest and confinement of a person refusing to comply with the Committee's order for him to testify. All
other decisions of the Committee shall be by a majority vote.
Section 3. Whenever in the judgment of the state prosecution, fiscal, special counsel, investigator, or military
lawyer, the testimony of any witness, or the production of documents, papers, books, records, writings or other
evidence by such witness in any case or proceedings before any court or investigative agency involving a
crime against national security or public order, as defined in the Revised Penal Code, or a
syndicated/organized crime as herein defined, or any other crime punishable with penalty of at least prision
mayor, is absolutely necessary, and such witness has refused to testify or produce other evidence by invoking
his constitutional privilege against self-incrimination, such state prosecutor, fiscal, special counsel, investigator
or military lawyer shall apply in writing to the Committee for the issuance of an order enjoining such witness to
testify or produce such evidence, stating therein the reasons for the application. The Committee, upon receipt
of such application, shall, without delay, resolve such application, taking into consideration the following:
(a) The absolute necessity of the testimony of the witness and/or the production of documents,
papers, books, records, writings, or other evidence so requested;
(b) That there is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said witness and/or the production of the documents, papers,
books, records, writings or other evidence so requested;
(c) That the testimony of said witness or the other evidence requested can be substantially
corroborated in its material points; and
(d) The witness, if he is suspect, respondent or defendant in a case under investigation or filed in
court, does not appear to be the most guilty.
The Committee may summon the state prosecutor, fiscal, special counsel, investigator or military lawyer
making the application to clarify any matter relative to the application or to further substantiate the same. A
resolution of the Committee denying the application shall be final and unappealable. If the Committee resolves
to grant the application, it shall forthwith issue an order directing and compelling the witness to testify and/or
produce the other evidence so requested: Provided, however, that no person shall be compelled to testify on
matters considered privileged under Sections 20 and 21, Rule 130 of the Revised Rules of Court.
Section 4. A witness who, by virtue of an order issued under the preceding Section, is compelled to testify or
produce documents, papers, books, records, writings, or other evidence, shall enjoy immunity from criminal
prosecution and cannot be subjected to any penalty of forfeiture for any transaction, matter or thing concerning
that which he is compelled to do and/or testify in any proceedings, except in the cases provided in Section 5
hereof.
Section 5. No witness shall be exempt from prosecution for perjury or contempt committed while giving
testimony or producing evidence under compulsion pursuant to this Decree.
Section 6. Whenever a witness in any case or proceeding before any court, quasi-judicial body, special order
issued by the Committee requiring him to testify or to produce documents, papers, books, records, writings,
and other evidence, the President, upon recommendation of the Committee, may order his arrest and
confinement in any jail contiguous to the place of trial or investigation until such time that the witness is willing
to give such testimony or produce such evidence. The witness so detained may request a reconsideration of
the President's order of arrest and confinement: Provided, however, that the execution of the order shall not be
stayed by such request. The President may, before acting thereon, refer the request to the Committee or to
any of his staff before resolving the same. A person ordered confined by the President shall not be allowed
temporary liberty on bail, provided, however, that the President may, in his discretion, and under such terms
and conditions as he may impose, order his temporary release.
Section 7. The Committee formed pursuant to this Decree shall promulgate rules and regulations for the
effective implementation hereof.
Section 8. The provision of any law, decree, order, rule and regulation inconsistent with the provisions of this
Act are hereby repealed or modified.
Section 9. Separability clause. The provisions of this Decree are hereby declared to be separable, and in the
event one or more of such provisions are held unconstitutional, the validity of other provisions shall not be
affected thereby.
Section 10. This Act shall take effect upon approval.
Done in the City of Manila, this 8th day of October, in the year of Our Lord, nineteen hundred and eighty.
ARTICLE XIII Human Rights Immunity
SECTION 18. The Commission on Human Rights shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and
political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in
accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines,
as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the
underprivileged whose human rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to enhance respect for the primacy
of human rights;
(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation
to victims of violations of human rights, or their families;
(7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or
other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under
its authority;
(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
SECTION 19. The Congress may provide for other cases of violations of human rights that should fall within
the authority of the Commission, taking into account its recommendations.
Republic Act No. 6646 January 5, 1988
AN ACT INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR OTHER
PURPOSES
Section 26. COMELEC Hearings and Proceedings. - In all hearings, inquiries, and proceedings of the
Commission, including preliminary investigations of election offenses, no person subpoenaed to testify as a
witness shall be excused from attending and testifying or from producing books, papers, correspondence,
memoranda and other records on the ground that the testimony or evidence, documentary or otherwise,
required of him, may tend to incriminate him or subject him to prosecution: Provided, That no person shall be
prosecuted criminally for or on account of any matter concerning which he is compelled, after having claimed
the privilege against self-incrimination, to testify and produce evidence, documentary or otherwise.
Under such terms and conditions as it may determine, the Commission may grant immunity from criminal
prosecution to any person whose testimony or whose possession and production of documents or other
evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being conducted by
the Commission or under its authority, in the performance or in the furtherance of its constitutional functions
and statutory objectives. The immunity granted under this and the immediately preceding paragraph shall not
exempt the witness from criminal prosecution for perjury or false testimony.
Republic Act No. 6770 November 17, 1989
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF
THE OMBUDSMAN, AND FOR OTHER PURPOSES
Section 17. Immunities. — In all hearings, inquiries, and proceedings of the Ombudsman, including
preliminary investigations of offenses, nor person subpoenaed to testify as a witness shall be excused from
attending and testifying or from producing books, papers, correspondence, memoranda and/or other records
on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to
incriminate him or subject him to prosecution: provided, that no person shall be prosecuted criminally for or on
account of any matter concerning which he is compelled, after having claimed the privilege against self-
incrimination, to testify and produce evidence, documentary or otherwise.
Under such terms and conditions as it may determine, taking into account the pertinent provisions of the Rules
of Court, the Ombudsman may grant immunity from criminal prosecution to any person whose testimony or
whose possession and production of documents or other evidence may be necessary to determine the truth in
any hearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the
performance or in the furtherance of its constitutional functions and statutory objectives. The immunity granted
under this and the immediately preceding paragraph shall not exempt the witness from criminal prosecution for
perjury or false testimony nor shall he be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to punishment for
contempt and removal of the immunity from criminal prosecution.
Republic Act No. 6981 April 24, 1991
AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and Benefit Act".
Section 2. Implementation of Program. - The Department of Justice, hereinafter referred to as the
Department, through its Secretary, shall formulate and implement a "Witness Protection, Security and Benefit
Program", hereinafter referred to as the Program, pursuant to and consistent with the provisions of this Act.
The Department may call upon any department, bureau, office or any other executive agency to assist in the
implementation of the Program and the latter offices shall be under legal duty and obligation to render such
assistance.
Section 3. Admission into the Program. - Any person who has witnessed or has knowledge or information
on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-
judicial body, or before any investigating authority, may be admitted into the Program:
Provided, That:
a) the offense in which his testimony will be used is a grave felony as defined under the Revised
Penal Code, or its equivalent under special laws;lawphi1Ÿ
b) his testimony can be substantially corroborated in its material points;
c) he or any member of his family within the second civil degree of consanguinity or affinity is
subjected to threats to his life or bodily injury or there is a likelihood that he will be killed, forced,
intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or evasively,
because or on account of his testimony; and
d) he is not a law enforcement officer, even if he would be testifying against the other law
enforcement officers. In such a case, only the immediate members of his family may avail
themselves of the protection provided for under this Act.
If the Department, after examination of said applicant and other relevant facts, is convinced that the
requirements of this Act and its implementing rules and regulations have been complied with, it shall admit
said applicant to the Program, require said witness to execute a sworn statement detailing his knowledge or
information on the commission of the crime, and thereafter issue the proper certification. For purposes of this
Act, any such person admitted to the Program shall be known as the Witness.
Section 4. Witness in Legislative Investigations. - In case of legislative investigations in aid of legislation, a
witness, with his express consent, may be admitted into the Program upon the recommendation of the
legislative committee where his testimony is needed when in its judgment there is pressing necessity therefor:
Provided, That such recommendation is approved by the President of the Senate or the Speaker of the House
of Representatives, as the case may be.
Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided
protection under this Act, he shall first execute a memorandum of agreement which shall set forth his
responsibilities including:
a) to testify before and provide information to all appropriate law enforcement officials concerning
all appropriate proceedings in connection with or arising from the activities involved in the offense
charged;
b) to avoid the commission of the crime;lawphi1Ÿ
c) to take all necessary precautions to avoid detection by others of the facts concerning the
protection provided him under this Act;
d) to comply with legal obligations and civil judgments against him;
e) to cooperate with respect to all reasonable requests of officers and employees of the
Government who are providing protection under this Act; and
f) to regularly inform the appropriate program official of his current activities and address.1awphi1©
Section 6. Breach of the Memorandum of Agreement. - Substantial breach of the memorandum of
agreement shall be a ground for the termination of the protection provided under this Act: Provided, however,
That before terminating such protection, the Secretary of Justice shall send notice to the person involved of
the termination of the protection provided under this Act, stating therein the reason for such termination.
Section 7. Confidentiality of Proceedings. - All proceedings involving application for admission into the
Program and the action taken thereon shall be confidential in nature. No information or documents given or
submitted in support thereof shall be released except upon written order of the Department or the proper court.
Any person who violates the confidentiality of said proceedings shall upon conviction be punished with
imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right to hold a
public office or employment for a period of five (5) years.
Section 8. Rights and Benefits. - The witness shall have the following rights and benefits:ITC-ALF
(a) To have a secure housing facility until he has testified or until the threat, intimidation or
harassment disappears or is reduced to a manageable or tolerable level. When the circumstances
warrant, the Witness shall be entitled to relocation and/or change of personal identity at the
expense of the Program. This right may be extended to any member of the family of the Witness
within the second civil degree of consanguinity or affinity.
(b) The Department shall, whenever practicable, assist the Witness in obtaining a means of
livelihood. The Witness relocated pursuant to this Act shall be entitled to a financial assistance
from the Program for his support and that of his family in such amount and for such duration as the
Department shall determine.
(c) In no case shall the Witness be removed from or demoted in work because or on account of his
absences due to his attendance before any judicial or quasi-judicial body or investigating authority,
including legislative investigations in aid of legislation, in going thereto and in coming therefrom:
Provided, That his employer is notified through a certification issued by the Department, within a
period of thirty (30) days from the date when the Witness last reported for work: Provided, further,
That in the case of prolonged transfer or permanent relocation, the employer shall have the option
to remove the Witness from employment after securing clearance from the Department upon the
recommendation of the Department of Labor and Employment.
Any Witness who failed to report for work because of witness duty shall be paid his equivalent
salaries or wages corresponding to the number of days of absence occasioned by the Program.
For purposes of this Act, any fraction of a day shall constitute a full day salary or wage. This
provision shall be applicable to both government and private employees.
(d) To be provided with reasonable travelling expenses and subsistence allowance by the Program
in such amount as the Department may determine for his attendance in the court, body or authority
where his testimony is required, as well as conferences and interviews with prosecutors or
investigating officers.
(e) To be provided with free medical treatment, hospitalization and medicines for any injury or
illness incurred or suffered by him because of witness duty in any private or public hospital, clinic,
or at any such institution at the expense of the Program.
(f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to a
burial benefit of not less than Ten thousand pesos (P10,000.00) from the Program exclusive of any
other similar benefits he may be entitled to under other existing laws.
(g) In case of death or permanent incapacity, his minor or dependent children shall be entitled to
free education, from primary to college level in any state, or private school, college or university as
may be determined by the Department, as long as they shall have qualified thereto.
Section 9. Speedy Hearing or Trial. - In any case where a Witness admitted into the Program shall testify,
the judicial or quasi-judicial body, or investigating authority shall assure a speedy hearing or trial and shall
endeavor to finish said proceeding within three (3) months from the filing of the case.
Section 10. State Witness. - Any person who has participated in the commission of a crime and desires to be
a witness for the State, can apply and, if qualified as determined in this Act and by the Department, shall be
admitted into the Program whenever the following circumstances are present:
(a) the offense in which his testimony will be used is a grave felony as defined under the Revised
Penal Code or its equivalent under special laws;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the proper prosecution of the offense committed:
(d) his testimony can be substantially corroborated on its material points;
(e) he does not appear to be most guilty; and
(f) he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in order that he may be a State
Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be
admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shall prevent
the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised Rules
of Court.
Section 11. Sworn Statement. - Before any person is admitted into the Program pursuant to the next
preceding Section he shall execute a sworn statement describing in detail the manner in which the offense
was committed and his participation therein. If after said examination of said person, his sworn statement and
other relevant facts, the Department is satisfied that the requirements of this Act and its implementing rules
are complied with, it may admit such person into the Program and issue the corresponding certification.
If his application for admission is denied, said sworn statement and any other testimony given in support of
said application shall not be admissible in evidence, except for impeachment purposes.
Section 12. Effect of Admission of a State Witness into the Program. - The certification of admission into
the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is
required not to include the Witness in the criminal complaint or information and if included therein, to petition
the court for his discharge in order that he can utilized as a State Witness. The Court shall order the discharge
and exclusion of the said accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the
offense or offenses in which his testimony will be given or used and all the rights and benefits provided under
Section 8 hereof.
Section 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the Program who fails
or refuses to testify or to continue to testify without just cause when lawfully obliged to do so, shall be
prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution for perjury. If a
State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition accompanying
such immunity without just cause, as determined in a hearing by the proper court, his immunity shall be
removed and he shall be subject to contempt or criminal prosecution. Moreover, the enjoyment of all rights
and benefits under this Act shall be deemed terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of
the proceedings.
Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and 10
of this Act cannot refuse to testify or give evidence or produce books, documents, records or writings
necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on
the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal
prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing
concerning his compelled testimony or books, documents, records and writings produced.
In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or writings,
on the ground of the right against self-incrimination, and the state prosecutor or investigator believes that such
evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under
investigation, he, with the prior approval of the department, shall file a petition with the appropriate court for
the issuance of an order requiring said Witness to testify, give evidence or produce the books, documents,
records, and writings described, and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of the
Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing to
give such testimony or produce such documentary evidence.
Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt
committed while giving testimony or producing evidence under compulsion pursuant to this Act. The penalty
next higher in degree shall be imposed in case of conviction for perjury. The procedure prescribed under Rule
71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not be
less than one (1) month but not more than one (1) year imprisonment.
Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the
protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his
credibility.
Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby hinders,
delays, prevents or dissuades a Witness from:
(a) attending or testifying before any judicial or quasi-judicial body or investigating authority;
(b) reporting to a law enforcement officer or judge the commission or possible commission of an
offense, or a violation of conditions or probation, parole, or release pending judicial proceedings;
(c) seeking the arrest of another person in connection with the offense;
(d) causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or
(e) performing and enjoying the rights and benefits under this Act or attempts to do so, shall be
fined not more than Three thousand pesos (P3,000.00) or suffer imprisonment of not less than six
(6) months but not more than one (1) year, or both, and he shall also suffer the penalty of
perpetual disqualification from holding public office in case of a public officer.
Section 18. Rules and Regulations. - The Department shall promulgate such rules and regulations as may
be necessary to implement the intent and purposes of this Act. Said rules and regulations shall be published in
two (2) newspapers of general circulation.
Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations inconsistent
with this Act are hereby repealed or modified accordingly.
Section 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be
appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the
purpose of this Act.
Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity
imposed upon the accused.
Furthermore, other funding schemes or sources, subject to the limitations of the law, shall be allowed in
furtherance hereof.

Section 21. Separability Clause. - The declaration of unconstitutionality or invalidity of any provision of this
Act shall not affect the other provisions hereof.

Section 22. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2)
newspapers of general circulation.

Approved: April 24, 1991lawphi1™

Republic Act No. 9485 June 02, 2007

AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF GOVERNMENT SERVICE TO THE PUBLIC BY

REDUCING BUREAUCRATIC RED TAPE, PREVENTING GRAFT AND CORRUPTION, AND PROVIDING
PENALTIES THEREFOR

SEC. 15. Immunity; Discharge of Co-Respondent/Accused to be a Witness. - Any public official or

employee or any person having been charged with another under this Act and who voluntarily gives
information pertaining to an investigation or who willingly testifies therefore, shall be exempt from prosecution
in the case/s where his/her information and testimony are given. The discharge may be granted and directed
by the investigating body or court upon the application or petition of any of the respondent/accused-informant
and before the termination of the investigation: Provided, That:

(a) There is absolute necessity for the testimony of the respondent/accused-informant whose
discharge is requested;

(b) There is no other direct evidence available for the proper prosecution of the offense committed,
except the testimony of said respondent/accused-informant;

(c) The testimony of said respondent/accused-informant can be substantially corroborated in its

material points;

(d) The responden/accused-informant has not been previously convicted of a crime involving moral
turpitude; and

(e) Said responden/accused-informant does not appear to be the most guilty.

Evidence adduced in support of the discharge shall automatically form part of the records of the investigation.
Should the investigating body or court deny the motion or request for discharge as a witness, his/her sworn
statement shall be inadmissible as evidence.