Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”

Passed by both the House of Representatives and the Philippine Senate on June 17, 1992, under Republic Act (RA) No. 7610, it shall be the “policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control” (Article 1, Section 2). RA 7610 provides that “the best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies” (Article 1, Section 2).

Article 10, Sections 22-26 of RA 7610 provide protection for Children in Situations of Armed Conflict. In particular, Section 22 declares children as “Zones of Peace” and declares and articulates the below policies that “shall be observed”:

• “Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment.” (Article 10, Section 22, Paragraph a)
• “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.” (Article 10, Section 22, Paragraph b)
• “Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered.” (Article 10, Section 22, Paragraph c)
• “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.” (Article 10, Section 22, Paragraph d)
• “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.” (Article 10, Section 22, Paragraph e)
• “All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.” (Article 10, Section 22, Paragraph f)

Additional key provisions include:

• Section 23 provides that children “shall be given priority during evacuation as a result of armed conflict.”
• Section 24 provides that “[w]henever 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.”
• Section 25 states, “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:

1. 1. Separate detention from adults except where families are accommodated as family units;
   2. Immediate free legal assistance;
   3. Immediate notice of such arrest to the parents or guardians of the child; and
   4. 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.”

• Section 26 mandates that for monitoring purposes, “The chairman of the barangay that is 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 27 states, “Complaints on cases of unlawful acts committed against children as enumerated under the Act 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.”
• Under Section 30, “Cases involving violations of the Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Relations Court.”