Policy on Protection of Children
- Children are to be considered zones of peace.
- The State must protect children against dangers arising from armed conflict.
Prohibition Against Recruitment of Children
- Children shall not be recruited or employed by government forces in connection with armed conflict activities such as soldiers, guides, or couriers.
Prohibition on Using Public Infrastructure for Military Purposes
- Government forces are prohibited from using hospitals, schools, places of worship, day care centers, barangay halls, and similar places as military command posts or related facilities.
Delivery of Basic Services by Government Workers
- Government forces must facilitate and assure delivery of education, health, and relief services by government workers to conflict areas consistent with public safety.
Delivery of Basic Services by Non-Government Workers
- Non-government workers are allowed access to evacuation centers to provide health, educational, social services, and relief assistance.
Free Passage of Service Workers and Flow of Goods
- Government forces shall coordinate with Peace and Order Council and social workers to enable unimpeded flow of health personnel, medical supplies, food, and relief goods to/from conflict areas.
Limitation on Entry into Armed Conflict Areas
- Entry and delivery of services/goods may be restricted if interfering with combat or endangering lives.
- Restrictions resolved by Peace and Order Council; not to exceed 3 days or cause starvation.
- Special emergency measures shall be adopted to ensure relief reaches children; government forces may provide protection.
Activities Before Armed Conflict
- Social worker must prepare master list of affected families and children, identify danger and evacuation areas.
- Recommendations to activate disaster councils and conduct preparedness orientations.
Evacuation Priority for Children
- Children must be first rescued, evacuated, and assisted.
- Efforts made to avoid separation from families; if separation occurs, at least one relative must accompany.
Monitoring and Reporting on Children
- Barangay officials must submit list of children within 24 hours after combat action for monitoring evacuation and whereabouts.
Family Life and Temporary Shelter Standards
- Department establishes minimum standards for evacuation centers to house families together, support normal family life.
- Provision of early childhood care, education, physical activities, immunization, food, and psycho-social intervention.
Care of Unaccompanied Children
- Social workers identify separated children, provide individualized care.
- Maintain records, photographs, and work towards early family reunification.
Return of Evacuees
- Evacuees must be allowed to return home or be reunited as soon as tactical conditions permit.
Rights of Children in Custody of Government Forces
- Child must be informed of constitutional rights and treated humanely.
- Prohibited from torture, cruel/degrading treatment, or military use.
- Government forces must ensure child’s safety, provide food, medical attention, and transfer child promptly.
- Parents/guardians and social workers must be informed within 24 hours of child’s detention.
Transfer of Child Custody to Philippine National Police (PNP)
- Military commanders must transfer child custody immediately to nearest PNP station, preferably Child and Youth Relations unit.
- Parents must be notified where possible.
- Evidence/statements held by military passed to PNP.
Duties of PNP Regarding Child Custody
- Arrest/detain child suspects and notify parents, legal agencies, social workers, or Commission.
- Refer case to agencies providing free legal assistance.
- Conduct physical and mental examination as mandated.
Place of Detention
- Children held in separate detention/jail facilities from adults, except in family detention units.
- Alternative education should be provided where possible.
Visitation Rights
- Family, legal counsel, and accredited health personnel granted free access to detained child.
Referral to Prosecutor
- PNP forwards records of investigation for inquest or preliminary investigation to determine child's charge and custody status.
Visitation by Department or Commission
- Department or Commission representatives must promptly visit detained child to ensure human rights protections.
- Human rights defined under Philippine laws, international declarations, and relevant conventions.
Reporting Violations of Children’s Rights
- Reports of violations filed with Department, Commission, or accredited NGOs.
- Commission forwards reports to government forces’ HQ or prosecutor for action.
Filing of Complaint
- Prosecutor files charges against the child if evidence shows probable guilt.
Release on Recognizance
- Legal counsel or Department/Commission may request court to release child on recognizance within 24 hours after filing charges.
- Released child may be placed with family, rehab center, or accredited welfare agency.
Suspension of Sentence
- Court may suspend judgment and commit child to Department, licensed agency, or responsible person until 18 years of age or for a shorter court-determined period.
- Subject to supervision and visitation with prescribed conditions.
Appeal Rights
- Child may appeal suspension order as in criminal cases with rights accorded to youth offenders under relevant law.
Effectivity
- Rules take effect upon Secretary of Justice approval and 15 days after publication in two newspapers of general circulation.