PENAL PROVISIONS OF THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF ARMED CONFLICT ACT
(R.A. No. 11188)

Source and edition note. This is an excerpt of Chapters IV–V (Sections 9–16) of Republic Act No. 11188 as approved on January 10, 2019, not the full Act. The text follows the signed copy, including the penalty of "life imprisonment" in Section 9(a); the Supreme Court E-Library text omits the word "life."

The CWC-published Act and IRR compendium prints §9(b)(8)’s statutory reference as §5(i), while IRR Rule 10(b)(8) uses §5(j) and identifies the statutory reference as a typographical error. IRR Rule 11(b) also omits “negligence” from the Act’s §10 phrase “inexcusable negligence or ignorance.” The statutory wording is retained; the IRR is a separate administrative layer. The original references to RA9208 and RA10364 are also retained; RA11862 (2022) subsequently amended RA9208. RA11648 (2022) also amended the RPC/RA8353 rape provision and specified RA7610 provisions, which form part of the related-law context. This excerpt does not consolidate those other statutes or certify current administrative procedures, the effect of the identified IRR differences, or exact publication-triggered effectivity dates.

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CHAPTER IV — PROHIBITED ACTS, PENALTIES AND PRESCRIPTION OF CRIME

SEC. 9. Prohibited Acts and Penalties. —

1. It shall be unlawful for any person to commit the following acts of grave child rights violations:
   1. Killing of children;
   2. Torture committed against children. For purposes of this Act, torture shall include those enumerated in Section 4 of Republic Act No. 9745, otherwise known as the "Anti-Torture Act of 2009";
   3. Intentional maiming of children; and
   4. Rape of children and other forms of sexual violence.
   Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3) and (4) of paragraph (a) of this section shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00).
2. The following acts of grave child rights violations are also hereby prohibited:
   1. Cruel, inhuman and degrading treatment or punishment committed against children. For purposes of this Act, cruel, inhuman and degrading treatment or punishment shall include those acts enumerated in Section 5 of the "Anti-Torture Act of 2009";
   2. Abduction of children;
   3. Causal maiming of children;
   4. Taking children as hostages or using them as human shield;
   5. Recruitment, conscription or enlistment of children into government forces and other armed groups;
   6. Acts of gender-based violence against children;
   7. Refusal or denial of humanitarian access or assistance to children;
   8. Use or involvement of children involved in armed conflict in any capacity as defined in Section 5(i) of this Act; and
   9. Attack on schools, hospitals, places of worship, evacuation centers and settlements and other public places such as recreation parks, playgrounds and malls.
   Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3), (4), (5), (6), (7), (8) and (9) of paragraph (b) of this section shall suffer the penalty of imprisonment of not less than fourteen (14) years but not more than twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00).
3. Where the crimes committed under paragraph (b) of this section resulted in the killing, torture, maiming or rape of children as enumerated in subparagraphs (1), (2), (3) and (4) of paragraph (a), Section 9, the penalty imposed shall be that of Section 9(a) of this Act.
4. Likewise, it shall be unlawful for any person to commit the following acts:
   1. Hamleting;
   2. Food blockade;
   3. Intentional delayed reporting of a child in custody;
   4. False reporting of a child in custody;
   5. False branding of children or labeling children as children involved in armed conflict; and
   6. Arrest, arbitrary detention or unlawful prosecution of children allegedly associated with armed groups or government forces.
   Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3), (4), (5) and (6) of paragraph (d) of this section shall suffer the penalty of imprisonment of not less than six (6) years but not more than twelve (12) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00).
5. Parental accountability of children in situations of armed conflict are subject to the existing provisions of Presidential Decree No. 603, otherwise known as "The Child and Youth Welfare Code"; Republic Act No. 7610; Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003"; Republic Act No. 9231 on the elimination of worst forms of child labor; Republic Act No. 9851, otherwise known as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity"; and Republic Act No. 10364, otherwise known as the "Expanded Anti-Trafficking in Persons Act of 2012": Provided, That the involvement of the child was due to parental action or inaction; or the parent directed or ratified the involvement of the child; or the child acted as the parent's agent or servant; or the child was entrusted a dangerous weapon or instrument.

SEC. 10. Non-Implementation or Violation of Any Other Provision of This Act or the Rules and Regulations in General. — Any public officer who shall knowingly and maliciously prevent, prohibit, refuse or discontinue the implementation of any provision of this Act or any rule and regulation promulgated in accordance thereof, or in any other way violate them if such officer has the duty to implement, shall be punished by imprisonment of not less than six (6) years but not more than twelve (12) years and perpetual absolute disqualification from public office.

Any such officer who shall prevent, prohibit, refuse or discontinue the implementation of this Act or its rules and regulations, or in any other way violate them by reason of inexcusable negligence or ignorance, shall suffer the penalty of imprisonment of not less than one (1) month but not more than six (6) months and temporary special disqualification from public office.

The public officer liable under this section shall, in addition to imprisonment, be held administratively liable under existing applicable laws.

Any person who shall deliberately commit any other act not covered in Section 9, which shall result in prejudicing the rights of children in situations of armed conflict shall suffer the penalty of imprisonment of not less than six (6) months but not more than six (6) years.

SEC. 11. Forfeiture of Proceeds, Property and Assets. — The court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly, from the crimes defined and penalized in this Act, without prejudice to the rights of the bona fide third party. The court shall impose the corresponding accessory penalties under the Revised Penal Code, as amended, especially where the offender is a public officer.

The liabilities imposed in this Act shall not prejudice the application of other existing criminal, civil and administrative liabilities that may additionally be imposed upon the person.

SEC. 12. Nonprescription. — The crimes defined and penalized under this Act, their prosecution and the execution of sentences imposed on their account shall not be subject to any prescription.

CHAPTER V — PRINCIPLES OF CRIMINAL LIABILITY AND APPLICATION OF PENALTIES

SEC. 13. Irrelevance of Official Capacity. — This Act shall apply equally to all persons without any distinction based on official capacity. In no case shall the official capacity exempt a person from criminal responsibility or constitute a ground for reduction of sentence.

SEC. 14. Responsibility of Superiors. — In addition to the grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible for such crimes committed by subordinates where:

1. The superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or were about to commit such crimes; or
2. The superior failed to take all necessary, legitimate and reasonable measures to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

SEC. 15. Orders from a Superior. — The fact that a crime defined and penalized under this Act has been committed by a person pursuant to an order of a superior shall not relieve that person of criminal responsibility unless all of the following elements occur:

1. The person was under a legal obligation to obey orders of the superior in question;
2. The person did not know that the order was unlawful; and
3. The person acted under duress or coercion.

For purposes of this section, orders to commit grave child rights violations enumerated in Section 9 hereof are manifestly unlawful and shall be punished under this Act and other applicable existing laws.

SEC. 16. Unknown Superior. — Where the crimes defined and penalized under this Act have been committed by a person pursuant to an order or command of an unknown superior, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or who has performed similar acts on behalf of the armed groups, shall be deemed the superior.

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Approved, January 10, 2019.