7/29/2019 RA 7610 (ART 9-11)

1/2

RA 7610

ART 9 Children in Indigenous Cultural Communities

Sec 17. Survival, Protection andDevelopment

o Children of indigenous communities (IC)shall be entitled to protection, survivaland development consistent withcustoms and traditions of theircommunities

Sec 18. System and access to educationDept of Education, Culture and Sports (DECS)shall:

o Develop/institute ALTERNATIVE systemof education which is culture-specificand relevant to the needs of children inIC and their existing situation

o Credit and support non-formalindigenous educational programsconducted by NGOs

Sec 19. Health and Nutritiono Delivery of basic social services in

health and nutrition shall be givenpriority

o Hospitals/ health institutions shallensure EQUAL attention

o Indigenous health practices shall berespected and recognized.

Sec 20. Discriminationo Children of indigenous cultural

communities shall not be subjected toany and all forms of discrimination.

penalty of arresto mayor in itsmaximum period and a fi ne ofnot less than P5,000.00 nor

more than P10,000.00

ART 10 Children in Situations of Armed Conflict

Sec 22. Children as Zones of Peace.

Children are declared as Zones of Peace.o It is the responsibility of the State and

all other sectors concerned toresolve armed conflicts

To attain this objective, the following policiesshall be observed:

a) Children shall not be the object of attackand shall be entitled to special respect.

They shall be protected from any formof threat, assault, torture or othercruel, inhumane or degradingtreatment;

b) Children shall not be recruited tobecome members of the Armed Forcesof the Philippines or its civilian units orother armed groups, nor be allowed totake part in the fighting, or used asguides, couriers, or spies

c) Delivery of basic social services such aseducation, primary health andemergency relief services

d) The safety and protection of those whoprovide services including thoseinvolved in fact-finding missions fromboth government and non-governmentinstitutions shall be ensured. They shallnot be subjected to undue harassmentin the performance of their work;

e) Public infrastructure such as schools,hospitals and rural health units shall notbe utilized for military purposes such ascommand posts, barracks,detachments, and supply depots; and

f) All appropriate steps shall be taken tofacilitate the reunion of familiestemporarily separated due to armedconflict.

Sec 23. Evacuat ion of Chi ldren Dur ing ArmedConf l ic t.

Children = priority during evacuation.o Existing community organizations shall

be tapped to look after the safety andwell-being of children

o ensure that children evacuated are

accompanied by persons responsible fortheir safety and well-being.

Sec 24. Family Life and Tempo rary Shelter. *

If possible, members of the same family shall behoused in the same premises and givenseparate accommodation from other evacueesand provided with facilities to lead a normalfamily life.

In places of temporary shelter, expectant andnursing mothers and children shall be givenadditional food in proportion to theirphysiological needs.

If feasible, children shall be given opportunities

for physical exercise, sports and outdoor gamesSec 25. Rights of Chi ldren A rrested for ReasonsRelated to Arm ed Confl ict.

Any child who has been arrested for reasonsrelated to armed conflict, either as combatant,courier, guide or spy is entitled to the followingrights;

a) Separate detention from adults exceptwhere families are accommodated asfamily 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 within 24 hours tothe custody of the Department of SocialWelfare and Development (DSWD) orany responsible member of thecommunity as determined by the court.

If after hearing the evidence in the properproceedings the court should find that the childcommitted the acts charged against him, thecourt shall determine the imposable penalty,including any civil liability chargeable againsthim.

However, instead of pronouncing judgment ofconviction, the court shall suspend all further

7/29/2019 RA 7610 (ART 9-11)

2/2

proceedings and shall commit such child to thecustody or care of the DSWD or to any traininginstitution operated by the Government, or duly-licensed agencies or any other responsibleperson, until he has had reached 18 years ofage or, for a shorter period as the court maydeem proper

The child shall be subject to visitation andsupervision by a representative of the DSWD orany duly-licensed agency or such other officeras the court may designate subject to suchconditions as it may prescribe.

The child whose sentence is suspended canappeal from the order of the court in the samemanner as appeals in criminal cases.

Sec 26. Moni tor ing and Report ing of Chi ldren inSi tuat ions of A rmed Conf l ic t.

The chairman of the barangay affected by thearmed conflict shall submit the names ofchildren residing in said barangay to themunicipal social welfare and development officerwithin 24hours from the occurrence of the armed

conflict.

ART 11 Remedial Procedures

Sec 27. Who May File a Complaint.Complaints on cases of unlawful acts committed againstchildren may be filed by the ff:

(a) Offended party;(b) Parents or guardians;(c) Ascendant or collateral relative within the thirddegree of consanguinity;(d) Officer, social worker or representative of alicensed child-caring institution;

(e) Officer or social worker of the Department ofSocialWelfare and Development;(f) Barangay chairman; or(g) At least 3 concerned, responsible citizenswhere the violation occurred.

Sec 28. Protective Custody of the ChildThe offended party shall be immediately placed underthe protective custody of the DSWD pursuant to EO No.56 of 1986.

In the regular performance of this function, theofficer of the DSWD shall be free from anyadministrative, civil or criminal liability. Custody

proceedings shall be in accordance with theprovisions of PD No. 603.Sec 29. ConfidentialityAt the instance of the offended party, his name may bewithheld from the public until the court acquiresjurisdiction over the case.

It shall be unlawful for any editor, publisher,and reporter or columnist in case of printedmaterials, announcer or producer in case oftelevision and radio broadcasting, producer anddirector of the fi lm in case of the movie industry,to cause undue and sensationalized publicity ofany case of violation of this Act which results in

the moral degradation and suffering of theoffended party.

Sec 30. Special Court ProceedingsCases involving violations of this Act shall be heard inthe chambers of the judge of the RTC dulydesignated as Juvenile and Domestic Relations Court.

Any provision of existing law to the contrarynotwithstanding and with the exception ofhabeas corpus, election cases, and casesinvolving detention prisoners and personscovered by RA 4908, all courts shall givepreference to the hearing or disposition ofcases involving violations of this Act.