Question & AnswerQ&A (DOJ)
Armed conflict refers to any conflict between government forces and organized groups which involves the actual use of armed force and disrupts normal social, economic, political, and cultural activities in a specific geographical area.
Government forces refer to the Armed Forces of the Philippines, the Philippine National Police, and other armed groups supporting the government forces.
A child is defined as one who is below eighteen (18) years of age.
Children shall be considered as zones of peace and shall enjoy the protection of the State against dangers arising from an armed conflict.
No, children shall not be recruited or employed by government forces to perform or engage in activities necessary to and in direct connection with an armed conflict in capacities such as soldier, guide, or courier.
No, hospitals, rural health units, school buildings, madaris, day care centers, barangay halls, places of worship, and similar places shall not be utilized by government forces as a command post, detachment, supply depot, or similar facility.
Children in custody must be informed of their constitutional rights, treated humanely, not subjected to torture or cruel treatment, provided food and medical attention, and removed promptly from armed conflict areas. Parents or guardians and social workers must be informed within 24 hours of custody.
The military commander must immediately transfer the child to the nearest Philippine National Police station, preferably the Child and Youth Relations unit, and notify the parents whenever possible. Relevant affidavits and statements must also be transmitted.
Children have evacuation priority and should be the first to be rescued and evacuated. Efforts must be made to avoid separating children from their families, and if separation is necessary, at least one parent or relative should accompany them.
Children must be kept in detention/jail facilities separate from adults, unless family detention units are available. Alternative education should be provided whenever practicable.
Social workers must identify unaccompanied children, provide individual and sustained care, register their information including photographs, and make efforts to reunite them early with parents or guardians.
Government forces shall facilitate the delivery of goods and services by government and non-government workers unless it directly interferes with combat operations or endangers lives. Any restriction must not exceed three days and should not cause starvation, with relief measures adopted in emergencies.
Social workers must identify likely conflict areas, prepare master lists of families and children affected, assess their needs, recommend activation of Disaster Coordinating Councils, and conduct preparedness orientation in coordination with relevant agencies.
Children's rights are protected under the Philippine Constitution, Presidential Decree No. 603 as amended, Republic Act No. 7610, the Universal Declaration of Human Rights, the Declaration of the Rights of the Child, the United Nations Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the Geneva Conventions Protocol II.
The case is referred to a prosecutor for inquest or preliminary investigation. If there is probable cause, a complaint/information is filed in court. The child may be released on recognizance, and if found guilty, the court suspends sentence and commits the child to care or rehabilitation instead of convicting.