Article 54Labor and Agrarian Laws and Social Legislation, p. 54

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

protected from any form of threat, assault, torture or

other cruel, inhumane or degrading treatment;

(b) Children

shall

not

be

recruited

to

become

members of the Armed Forces of the Philippines of its

civilian units or other armed groups, nor be allowed to

take part in the fighting, or used as guides, couriers, or

spies;

(c)

Delivery of basic social services such as education,

primary health and emergency relief services shall be

kept unhampered;

(d) The safety and protection of those who provide

services including those involved in fact-finding missions

from both government and non-government institutions

shall be ensured. They shall not be subjected to undue

harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals

and rural health units shall not be utilized for military

purposes

such

as

command

posts,

barracks,

detachments, and supply depots; and

(f)

All appropriate steps shall be taken to facilitate

the reunion of families temporarily separated due to

armed conflict.

Section 23. Evacuation of Children During Armed

Conflict .

–

Children

shall

be

given

priority

during

evacuation

as

a

result

of

armed

conflict.

Existing

community organizations shall be tapped to look after

the safety and well-being of children during evacuation

operations.

Measures

shall

be

taken to ensure that

children

evacuated

are

accompanied

by

persons

responsible for their safety and well-being.

Section 24. Family Life and Temporary Shelter . –

Whenever possible, members of the same family shall be

housed

in

the

same

premises

and

given

separate

accommodation from other evacuees and provided with

facilities

to

lead

a

normal

family

life.

In

places

of

temporary shelter, expectant and nursing mothers and

children shall be given additional food in proportion to

their physiological needs. Whenever feasible, children

shall be given opportunities for physical exercise, sports

and outdoor games.

Section 25. Rights of Children Arrested for Reasons

Related to Armed Conflict . – Any child who has been

arrested for reasons related to armed conflict, either as

combatant,

courier,

guide

or

spy is entitled to the

following rights;

(a) Separate detention from adults except where

families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or

guardians of the child; and

(d)

Release of the child on recognizance within

twenty-four (24) hours to the custody of the Department

of Social Welfare and Development or any responsible

member of the community as determined by the court.

If

after

hearing

the

evidence

in

the

proper

proceedings the court should find that the aforesaid child

committed the acts charged against him, the court shall

determine the imposable penalty, including any civil

liability chargeable against him. However, instead of

pronouncing judgment of conviction, the court shall

suspend all further proceedings and shall commit such

child to the custody or care of the Department of Social

Welfare and Development or to any training institution

operated by the Government, or duly-licensed agencies

or any other responsible person, until he has had reached

eighteen (18) years of age or, for a shorter period as the

court may deem proper, after considering the reports and

recommendations of the Department of Social Welfare

and Development or the agency or responsible individual

under whose care he has been committed.

The aforesaid child shall subject to visitation and

supervision by a representative of the Department of

Social Welfare and Development or any duly-licensed

agency or such other officer as the court may designate

subject to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can

appeal from the order of the court in the same manner as

appeals in criminal cases.

Section 26. Monitoring and Reporting of Children

in Situations of Armed Conflict . – The chairman of the

barangay affected by the armed conflict shall submit the

names of children residing in said barangay to the

municipal social welfare and development officer within

twenty-four (24) hours from the occurrence of the armed

conflict.

Section 26-A. Jurisdiction - The family courts shall

have original jurisdiction over all cases involving offenses

punishable under this Act: Provided, That in cities or

provinces where there are no family courts yet, the

regional trial courts and the municipal trial courts shall

have concurrent jurisdiction depending on the penalties

prescribed for the offense charged.

The preliminary investigation of cases filed under this

Act shall be terminated within a period of thirty (30) days

from the date of filing.

If the preliminary investigation establishes a prima

facie case, then the corresponding information shall be

filed in court within forty eight (48) hours from the

termination of the investigation.

Trial of cases under this Act shall be terminated by

the court not later than ninety (90) days from the date of

filing of information. Decision on said cases shall be

rendered within a period of fifteen (15) days from the date

of submission of the case.

Section 26-B. Exemptions from Filing Fees . - When

the victim of child labor institutes a separate civil action

for the recovery of civil damages, he/she shall be exempt

from payment of filing fees.

Section 26-C. Access to Immediate Legal, Medical

and Psycho-Social Services - The working child shall

have the right to free legal, medical and psycho-social

services to be provided by the State.

ARTICLE XI Remedial Procedures

Section 27. Who May File a Complaint . – Complaints

on cases of unlawful acts committed against the children

as enumerated herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third

degree of consanguinity;

(d)

Officer,

social

worker

or

representative

of

a

licensed child-caring institution;

(e) Officer or social worker of the Department of

Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens

where the violation occurred.

Section 28. Protective Custody of the Child . – The

offended party shall be immediately placed under the

protective custody of the Department of Social Welfare

and Development pursuant to Executive Order No. 56,

series of 1986. In the regular performance of this function,

the officer of the Department of Social Welfare and

Development shall be free from any administrative, civil

or criminal liability. Custody proceedings shall be in

accordance with the provisions of Presidential Decree No.

603.

Section 29. Confidentiality . – At the instance of the

offended party, his name may be withheld from the

public until the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and

reporter

or

columnist

in

case

of

printed

materials,

announcer or producer in case of television and radio

© Compiled By RGL

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