Republic Act No. 11188 “An Act Providing for the Special Protection of Children in Situations of Armed Conflict and Providing Penalties for Violations Thereof”

This law was enacted by the Philippine Congress and the Senate in 2018 and signed into law on January 10, 2019. Its Implementing Rules and Regulations were adopted in May 2019. The Act applies to all children involved in, affected by, or displaced by armed conflict (Section 3).

The salient provisions of the law include:

• Section 5 defines a child “as a person below 18 years old or a person above that age but unable to fully take care or protect one’s self due to physical or mental disability.”
• Section 6 declared children as Zones of Peace. The declaration as Zones of Peace extends “beyond territorial or geographical boundaries and shall focus on the person of the child whose rights shall be promoted and protected at all times, especially in situations of armed conflict or violence.” Section 6 provides that children shall be treated in accordance with the policies stipulated under Article X, Section 22 of Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.”
• Section 7 enumerates the rights of Children in Situations of Armed Conflict (CSAC)
• Section 8 specifies the measures the State is to take to prevent the recruitment, re-recruitment, use, displacement of, or grave child rights violations against children involved in armed conflict.
• Section 9 enumerates the prohibited acts and the penalties thereof, including grave offences/acts such as killing, maiming, torture, recruitment of child soldiers and other cruel and inhumane treatment.
• Section 23 directs the State to take all feasible measures to ensure the demobilization or release of children who are recruited or used in armed conflict, either by the government or armed groups.
• Section 24 prescribes that children involved in armed conflict (CIAC) who have been rescued, taken into custody, or surrendered, shall at all times be treated in a child-friendly and sensitive manner.
• Section 28 provides for dismissal of criminal cases against children involved in armed conflict, and their immediate referral to the social welfare authorities for rehabilitation and reintegration programs.
• Section 30 provides that in cases when a child with a pending case reaches the age of eighteen (18) years, the Family Court shall dismiss the case against the person and determine, in consultation with concerned agencies, whether or not there is a need for the person to undergo appropriate rehabilitation and reintegration programs.
• Section 31 provides for the retroactive application of the law to persons who have been convicted or serving sentence at the time of the effectivity of the Act but who were below 18 at the time of the commission of the offense.