eng - World Organisation Against Torture

Rights of the Child inthe Philippines

The aim of OMCT country reportsare to prevent tortureIn its reports on children’s rights, OMCT aims to analysenational law in terms of the international commitments that agovernment has made. For example, in some countries families are notinformed when their child is detained and this removes aprecious safeguard against abuse. The absence of such safeguards facilitatessituations where the torture of children can and doesoccur.In other words, the reports aim to point out where, oftenunknowingly, legislation facilitates grave abuses against children.The legal analysis is supported, where possible, by urgent appeals onthe torture of children documented by OMCT. These urgentappeals (OMCT intervenes almost daily on such cases) are the foundationof all our work.The reports are not legal semantics for their own sake, butrepresent, in addition to the urgent actions, another side of ourstrategy to end torture. The reports include meaningful andfeasible recommendations for legal reform aimed at reducingthe incidence of child torture.The reports are presented to the United Nations Committee onthe Rights of the Child who use them to analyse how well acountry is fulfilling its international commitments with regards to children.Their recommendations on the issue of torture, drawing fromOMCT’s reports, send a strong message from the international communityon the need for action to end the torture of children.ISBN 2-88477-141-7

Table of contentsI. INTRODUCTION ...................................................................................................................................................................................................................... 71.1 General background .................................................................................................................................................................................................. 71.2 Participation to the Convention on the Rights of the Childand other international treaties .................................................................................................................................................................. 81.3 Situation of children’s rights in the Philippines ........................................................................................................................ 8II. DEFINITION OF THE CHILD .................................................................................................................................................................................... 10III. PROTECTION FROM TORTURE AND OTHER CRUEL, INHUMANOR DEGRADING TREATMENT ................................................................................................................................................................................ 113.1 Legal framework ............................................................................................................................................................................................................ 113.2 Practice: Cases of Torture................................................................................................................................................................................... 123.3 Arbitrary executions and extra judicial killings (Davao and Digos Death Squads) ................................ 12IV. PROTECTION FROM OTHER FORMS OF VIOLENCE .................................................................................................................. 154.1 Child sexual abuse, trafficking and other forms of exploitation ............................................................................ 154.1.1 Legal Framework .......................................................................................................................................................................................... 154.1.2 Practice: Commercial Sexual Exploitation of ChildrenChild Prostitution, Child Sex Tourism and Trafficking ................................................................................... 174.1.3 Child Pornography and the Internet ...................................................................................................................................... 194.1.4 Aids and sexual education ................................................................................................................................................................... 204.2 Children in Situations of Armed Conflict ........................................................................................................................................ 214.2.1 Recruitment of children into armed groups .................................................................................................................. 234.2.2 Conditions of service for children in armed groups ............................................................................................. 244.2.3 Government Policy ..................................................................................................................................................................................... 24V. CHILDREN IN THE JUSTICE SYSTEM ............................................................................................................................................................ 265.1 Legal Framework ........................................................................................................................................................................................................... 265.1.1 Minimum age of criminal responsibility ............................................................................................................................... 265.1.2 Filipino laws protecting children in conflict with the law ......................................................................... 275.2 Practice: Lack of Compliance with the Convention on the Rights of the Child ..................................... 305.2.1 Arrest ........................................................................................................................................................................................................................ 305.2.2 Police Custody ................................................................................................................................................................................................ 335.2.3 Pre-trial Detention ................................................................................................................................................................................... 365.2.4 Imprisonment ..................................................................................................................................................................................................... 38

5.3 Children on Death Row ......................................................................................................................................................................................... 48Recommendations by OMCT ..................................................................................................................................................................................................... 50Concluding Observations of the Committee on the Rights of the Child............................................................................... 55ANNEX 1Sample Case Studies Documented by PREDA ........................................................................................................................................................ 97ANNEX 2PREDA pictures on conditions of imprisonment ............................................................................................................................................... 102OMCT would like to expressits gratitude to The predaFoundation, Inc. for its helpwith the research of thepresent report..

COMMITTEE ON THE RIGHTS OF THE CHILD39 th Session - Geneva, May 2005Report on the implementationof the Conventionon the Rights of the Child bythe PhilippinesResearched and written by: Froukje BoeleCo-ordinated and edited by: Cécile TrochuDirector of the publication: Eric Sottas

I - Introduction1.1 General BackgroundPresident Gloria Macapagal-Arroyo has runthe Republic of the Philippines since 20January 2001 1 . It is estimated that approximately40% of the population lives belowthe poverty line. The dependency rate in thecountry remains one of the highest in South-East Asia, with the proportion of the populationunder 14 at 38,3% and the proportionabove 65 at 3,5%. Meaning that approximately42% of the population needs supportregarding education, health, nutrition, andhousing. 2The activities of political and regional rebelgroups have created instability in thePhilippines. The National People’s Army(NPA) and the Communist Party of thePhilippines (CPP) represented by theNational Democratic Front (NDF) have collidedfor over 35 years with the Filipino government,which resulted in clashesbetween the Armed Forces of thePhilippines (AFP) and the NPA. The NDFclaims that the current government is a puppetregime of the United States that propagatesthe Filipino system of oppression and7exploitation. Peace talks with NDF have beenprotracted. In addition, the Filipino governmenthas been in conflict with the Muslimminority. 3 A peace accord between The MoroIslamic Liberation Front (MILF) and the governmentwas signed in 1996 and concernedgreater political autonomy for the SouthWestern province of Mindanao with the establishmentof the Autonomous Region inMuslim Mindanao (ARMM). 4 However, theMILF continues to seek greater autonomy oran independent Islamic State. Currently thePhilippine government and the MILF are ona yearlong cease-fire and prolonged peacetalks have been negotiated by Malaysia. 51 - Economically the country can be described as a marketbasedmixed economy with a current real economic growthrate of 4,5 %2 and a relatively high unemployment rate of11,4% (2003). The country is struggling with a high annualpopulation growth rate and an unequal distribution of income.2 - Asian Development Bank, Country Gender Assessment,Southeast Asia Department, 2004,http://www.adb.org/documents/Reports/CGA/Phi-Ctry-Gender-Assesmt.pdf, p.7.3 - Muslims constitute the largest single minority group of thePhilippines, they account for approximately 5% of the totalpopulation (79,5 million in 2002). Information from AsianDevelopment Bank, Country Gender Assessment,Southeast Asia Department, 2004,http://www.adb.org/documents/Reports/CGA/Phi-Ctry-Gender-Assesmt.pdf, p.7.4 - http://www.state.gov/g/drl/rls/irf/2004/35425.htm5 - Ibid.

1.2. Participation to the Conventionon the Rights of the Child and otherinternational treaties 6The Republic of the Philippines signed theConvention on the Rights of the Child (CRC)on 26 January 1990 and ratified theConvention on 21 August of the same year.In addition, the Philippines ratified bothOptional Protocols: on the Rights of theChild on the involvement of children inarmed conflict and on the sale of children,child prostitution and child pornography on26 August 2003 and 28 May 2002 respectively.7The Philippines is also party to the followinginternational conventions which directlyor indirectly advance the rights of the child:the Convention for the Elimination of AllForms of Discrimination Against Women(CEDAW) on 5 August 1981, theConvention on the Elimination of RacialDiscrimination (CERD) on 15 September1967, and the International Convention onthe Protection of the Rights of All MigrantWorkers and Members of Their Families, 5July 1995. The Philippines also acceded to6 - First report of the Philippines to the CRC was submitted in1993 after ratification, second report covers 1995-2000(http://www.cia.gov/cia/publications/factbook/geos/rp.html)7 - Both Protocols were signed by the Philippines on 8September 2000. 8the Convention against Torture and othercruel, inhuman or degrading treatment orpunishment (CAT) on 18 June 1986 and theILO Worst Forms of Child Labour Convention1999, ratified by the Philippines on 28November 2000.1.3. Situation of children’s rightsin the PhilippinesAlthough the Republic of the Philippines isstruggling with poor economic conditions andreoccurring political unrest, the country hasbeen actively engaged in law and policymaking to protect children’s rights. The subsequentalternative report aims at providinginformation on the state of affairs of the rightsof Filipino children. The most important observationflowing from the report is the incoherencebetween theory and practice.Unfortunately, in many instances practicedoes not coincide with what the Filipino lawprescribes. A manifest illustration of thisproblem is found with respect to the sex industry.The laws in the Philippines againstcommercial sexual exploitation of children,child prostitution, child sex tourism and traffickingare multiple. Regretfully, these kindof practices have been too often observed and

are clearly in contravention with prescribedPhilippine law and Article 34 of theConvention on the Rights of the Child (CRC).Moreover, the report discerns that childrenhave been affected by reoccurring incidencesof armed conflict in the Philippines. In itsfight against the New People’s Army (NPA),the government has repeatedly unlawfullykilled children and arbitrary detainedthem. Regarding armed conflict in thePhilippines, OMCT is also concerned withthe continuing recruitment of children bynon-State armed groups.denied in all cases. This is a worrisome situationand a clear contravention of theFilipino obligations under Article 37 and 40of the CRC.In January 2004, OMCT, in partnership withWedpro, Task Force Detainees of thePhilippines and Preda Foundation, publishedan alternative report on State Violence in thePhilippines for submission to the HumanRights Committee. The third part of this reportconcerned children’s rights issues.In addition, OMCT is gravely concerned withthe conditions of the Filipino Juvenile JusticeSystem. Although there is ample legislationthat protects children in conflict with the law,implementation so far has been to say theleast meagre. Filipino children languish andare jailed with adult prisoners in crampedpolice jails where a number of them areraped, tortured, tattooed and deprived of accessto legal, medical, social, and psychologicalassistance and services in aninstitutionalized act of unlawful discriminationby the Philippine government againstthe children of the poorest of the poor. Theright of the children to be treated in a mannerconducive to their rehabilitation is9

II. DEFINITION OF THE CHILDThe Family Code of the Philippines wasamended by Republic Act (RA) No. 6809,which lowered the age of majority from 21 to18 years old. Article 234 of the respectiveAct specifies that majority is acquired at theage of 18 with the termination of the parentalauthority over the child. Hence the CRC appliesto 42,6% of the Filipino population, inother words 32,1 million Filipino children. 8The minimum age of criminal responsibilityis stipulated in Article 12 paragraph 2 of thePenal Code in which a person under nineyears of age is exempted from criminal liability.The criminal responsibility age is tobe changed from 9 to 12 years by section 7of the proposed Comprehensive Juvenile Bill1402 authored by Senator FrancisPangilinan. 9 (see section 5.1.1.)For purposes of criminal procedures,Presidential Decree (PD) No. 1179 definesa young offender as a person over 9 but under18 years old at the time of committing theoffence.8 - http://www.cwc.gov.ph/documents/population_size_by_sex.xls.9 - Similarly to Article 12, Section 7 stipulates that criminal responsibilityis also exempted for a child above 12 years butbelow 15 years of age, unless (s)he has acted with discernment.10In accordance with its obligations underthe ILO Convention No. 138 on theMinimum Age For Admission toEmployment (hereafter the ILO ConventionNo. 138) ratified by the Philippines in 1998,RA No. 7658 prohibits public and privateemployment of a child below the age of 15provided that the employment does not endangerthe child’s safety, health, morals orimpair his or her normal development.However, there are two exceptions to the minimumage employment; (1) the situation inwhich the child works directly under the soleresponsibility of the parent/ guardian, or (2)in case of a child’s necessary participationin public entertainment or informationthrough cinema, theatre, radio or television.The constitution provides for free compulsoryprimary education and free secondaryeducation for all citizens. The compulsoryschooling age is 6 years old set byDepartment of Education (Order No. 65).OMCT welcomes the awareness by the governmentof the Philippines of the complexityand arbitrariness of the definition of the rightsof the child in its legislation.

III. PROTECTION AGAINST TORTURE AND OTHER CRUEL,INHUMAN OR DEGRADING TREATMENT3.1. Legal frameworkThe government of the Philippines, whichbecome a Party to the Convention AgainstTorture (CAT) in 1984, has an obligation toenact laws that conform to the provisions laiddown in the Convention. Article III, Section12 of the Bill of Rights contained in the 1987Philippine Constitution prohibits torture. Thelegislator however has not yet criminalizedtorture in the penal code. Nevertheless, theRevised Penal Code (RPC) does provide forother crimes that may be used instead of torturein order to punish State agents. Articles19 (3) and 58, which sentence the abuse ofpublic functions, constitute an example inthis respect. Regarding children, Article 278concerning the sexual exploitation of minorsstipulates heavier sentences in case the victimis a child.NGO, released a press statement urgingCongress to pass a law criminalizing torture.“Bills criminalizing torture were filed in theSenate and the House of Representatives onthe 12th Congress but until now, no law hasbeen passed to declare that torture is a crimeto be included in the RPC. It is hoped thatthe next Congress will not let a year passwithout enacting an anti-torture law.” 11OMCT urges the Republic of thePhilippines to comply with its internationalobligations under the CAT and to pass a lawcriminalizing torture.However, until now, the State has yet to passa law criminalizing torture as such. 10 On 26June 2004, the International Day for Victimsof Torture, Task Force Detainees of thePhilippines, a Filipino based human rights1110 - http://www.preda.org/archives/2004/r04062301.html11 - http://www.tfdp.org/resources/ps_20040626.htm

3.2. Practice – Cases of tortureThe practice of torture and other forms ofinhuman or degrading treatment or punishmentagainst children has been reported onoccasion. In the following sections cases oftorture are reported:• 4.2.1. Practice of commercial sexual exploitationof children, Child Prostitution,Child Sex Tourism, and Trafficking,• 4.2. Children in situations of armed conflictand child soldiers (cases of graveviolence, unlawful killings, arbitrary detentionand torture towards children by militaryforces),• 5.2. Lack of Compliance with theConvention on the Rights of the Child; withregards to juvenile justice system and especiallythe conditions of detention of children.3.3. Arbitrary executions andextrajudicial killings (Davao andDigos Death Squads)The Universal Declaration of Human Rightsdeclares the inherent right of every humanbeing to life. Article 6 of the CRC calls uponsignatory States to recognise that every childhas the inherent right to life, while Article 37prohibits the imposition of the death sentencefor crimes committed by persons below18 years of age. Summary executions areconsidered being among the worst forms ofhuman rights violations.Davao and Digos Death SquadsFor over eight years now, two vigilantegroups, respectively known as the Davao andDigos Death Squads (DDS), have killed morethan 150 people, including teenagers in andaround Digos City in the Southern provinceof Mindanao. It is not clear how close thelinks are, if any, between both groups.However, the killings committed are carriedout in a similar manner and against suspecteddrug pushers and petty criminals. Thekillings remain unpunished and seeminglynot investigated. Although the death squadsappeared to have stopped in 2000 after an12

intensive campaign against the arbitrarykillings of street children by the Davao DeathSquads, they reappeared after RodrigoDuterte, who had campaigned on a stronganti-crime and anti-drugs platform, won themayoralty race in Davao City. Since his election,Mayor Duterte has constantly warnedsuspected drug dealers and petty criminalsto leave his city or face his wrath.According to the press, the police namedmost of the victims as suspected criminals ordrug dealers, while no proof of any crime hasbeen advanced nor any of the alleged convictionsverified. Several of the reports indicatedthe ages of the victims, many ofwhom were children and youth. The majorityappear to be street dwellers. 12It appears from the media reports that thekillings are not random attacks carried outby amateurs. The nature of the killings havelead NGOs to believe that they and their perpetratorsare well organised and well funded.All of the killings appear to be carried out onthe streets during broad daylight by armedmen on unmarked motorcycles. Generally,there are two gunmen, usually wearing eitherblack clothing or military fatigues, on eachmotorcycle. While no witnesses have eversurfaced out of fear, investigations and13interviews with people witnessing the attacks,as well as newspaper accounts confirmthat the assailants are organised and wellinformed about their targets. In most incidents,responding policemen are late to arriveat the crime scene where victim(s) areshot. 13PREDA suspects that the renewed killingspree is an official policy aimed to curb streetcrime in order to garner support from localbusiness people. In October 2001, theRegion XI Commission on Human Rights’Director linked the increase of incidents ofsummary executions to a bounty systemcatered by wealthy patrons. He also pointedout that it was close to impossible for the policeand military not to know the identitiesof the members of these groups given thehuge budget allocated to intelligence work.12 - A human rights defender, Rashid Manahan, was killed inbroad daylight 24 August 2004 in front of Ponce Suites,Bajada, Davao City. Manahan was with Prof. NymiaSimbulan, Executive Director of Philrights and Ms. MarthaAlvarez, a representative of the European Union. The threewere to attend a forum against the death penalty and salvagingat UP Mindanao.http://www.preda.org/archives/2004/r04082601.html13 - A few months ago an independent investigating body composedof members of FIND (Families of Victims ofInvoluntary Disappearance) and the Commission on HumanRights discovered a killing field in Barangay Maa, DavaoCity where they found pieces of long bones, skulls and otherremains scattered in an eroded portion of the place.Forensic analysis revealed that the skeletal remains belongto at least six persons, including a female child and that thekillings most probably happened in the last six months tothree years. Some of the skeletal remains were also foundto have torture marks.

In addition, some witnesses linked three policeofficers to the DDS. It was noted that theofficers were, at one time or another, near thecrime scene. They were suspected of eitherbeing the gunmen or having served as thecontacts. The witnesses however were reluctantto provide written statements.Regardless of who is actually pulling thetriggers, it is clear that the State has madeno real attempt to investigate the killings andprosecute the perpetrators. As such, thekillers appear to be allowed to act with completeimpunity. 14OMCT strongly urges the government of thePhilippines to do everything to stop the arbitraryexecutions and bring the perpetratorsto justice.14 - The press has meanwhile closely linked Mayor Duterte tothe killings by the DDS. It is a widely held belief that themayor is linked to the killings. The Dow Jones Reuters reportdated 29.10.2001 indicates the apparent rationale behindthe killings. The report cites businessmen of the areawho claimed that the investment climate in the city improvedsignificantly, after the security situation stabilizedduring Duterte’s term in the mid-1990s, the same periodthe DDS began their campaigns. 14

IV. PROTECTION AGAINST ALL FORMS OF VIOLENCE4.1 Child sexual abuse, traffickingand other forms of exploitation4.1.1. Legal FrameworkThe Philippines is a signatory party to theOptional Protocol to the CRC on the Sale ofchildren, child prostitution and child pornography(ratification on 28 May 2002).Realising that the sexual exploitation of childrenis a global menace, some countrieshave adapted their existing domestic law.These changes allow the local prosecution oftheir citizens who have abused children overseas.These countries include Australia,Belgium, Denmark, Finland, France,Germany, Iceland, Japan, New Zealand,Norway, Sweden, Switzerland, and the USA.Countries in the process of changing theirlaws include Canada, Ireland, Italy and theUnited Kingdom. This change in the domesticlaws in these countries allowed thePhilippines to prosecute and incarcerate foreignersproven to have abused Filipino children.The Philippines is also a signatory to theCEDAW, upholding the right to be protectedfrom all forms of trafficking and prostitutionincluding sexual slavery, more generally andby the military, the deception of migrantwomen and “mail order” and false marriages.As also emphasised by the StockholmAgenda for Action, peer education programmescan be instrumental in counteringchild exploitation. The National Coalition ofChildren’s Associations in the Philippines isa body composed of 15 child representativesfrom 500 local Filipino children’s associationsworking for the defence of children’srights. Currently, the group of children is givingtheatre performances in schools and communitieson children’s rights, and paysspecial attention to the issue of sexual exploitation.A similar initiative is Tingong saKabataan, a radio programme by childrenvictims of sexual abuse for children in CebuCity aimed at the prevention of commercialsexual exploitation of children. 151515 - Economic and Social Council, Report submitted by JuanPetit, Special Rapporteur on the sale of children, child prostitutionand pornography, 5 January 2004, 60th session,Commission on Human Rights, E/CN/.4/2004/9, p. 21.

In 1998, the Philippines ratified the ILOConvention No. 138, which set the minimumage for basic work at 15 years of age an forhazardous work at 18 years of age. In 1994,the country signed the InternationalProgramme on the Elimination of ChildLabor (IPEC) of the ILO. The PhilippineLabour Code defines child labour as the“work of children below 15 years old or theengagement of children aged between 15 to17 years old in hazardous work.” The lawprohibits child labour except, when underthe responsibility of their parents orguardians. It allows family labour, exceptwhen it prevents children from going toschool. The law however contradicts itself byallowing children of at least 14 years of ageto work as apprentices in industrial establishments.The Philippine Labour Code also mandatesthat the granting of opportunity to at least acquireelementary education to children under18 years of age who are employed indomestic house work. Violators of childlabour laws are penalized with fines amountingbetween PhP 1,000 to 10,000 or an imprisonmentbetween three months to threeyears or both. The law also prescribes the revokingof the operating license of repeat offenders.Hence, in accordance with its obligations underinternational law, the Republic of thePhilippines has enacted ample legislationensuring the protection of children against allforms of violence, such as commercial sexualexploitation, child abuse, and child trafficking.Article 15, Section 3(2) of the 1987Philippine Constitution ensures the right ofchildren to assistance and protection fromneglect, abuse, cruelty, exploitation and otherconditions prejudicial to their development.The Revised Penal Code (RPC) also laysdown the laws for the protection of children.For example, the exploitation of children isthe preserve of Article 278 of the RPC.Article 273, as amended by RA No. 7610,meanwhile defines rape as a heinous crimein cases when the victim is under 12 yearsof age and regardless whether it was consensualor not. Article 340 to 343, whichtackles the corruption of children, also relatesto the white slave trade and abductions.PD No. 603, or the Child and Youth WelfareCode of the Philippines defines the rights ofchildren, the responsibilities of parents andthe role of other institutions in promoting thewelfare of Filipino children. Prohibited actsinclude: inflicting cruel and inhuman punishmentto a child; leading the child to animmoral life; inducing a child to leave aninstitution where she is entrusted to care;16

failing to report abuse; unauthorised disclosureof information relating to child sexualabuse; and abetting, conniving orencouraging a child to delinquency.RA No. 7610, as a landmark piece of legislationfor the protection of children, providesstronger deterrence and protection againstchild abuse, exploitation and discrimination,including those who are being prostituted orare in danger of being prostituted. It laysdown mandatory reporting in cases of rapeor abuse. RA No. 7610 mandates teachers,school administrators, law enforcers and officialsat the barangay or village level andother government workers to report all incidentsof possible abuse to the Department ofSocial Welfare and Development (DSWD),the government agency mandated by theRPC and Executive Order No. 56 to takeprotective custody of children in prostitutionand sexually exploited children.4.1.2. Practice: Commercial SexualExploitation of Children, ChildProstitution, Child Sex Tourism andTraffickingOf the reported 1.5 million street children inthe Philippines, 60,000 are prostituted. Thismakes the Philippines the fourth in nine countrieswith the most number of children in prostitution.Based on a report that 20% of the50,000 prostituted women are minors,UNICEF provides a higher estimate: thatthere are 100,000 girls in the country. TheDSWD, on the other hand, claims that the annualaverage increase of prostituted childrenis 3,266. It also reported a more than 100%increase in the case of sexually abused andexploited children. Rape constituted thirty-sixpercent (36%) of the reported cases, whilechild prostitution and paedophilia accountedfor twelve percent (12%). The government hasalready ordered the crackdown on paedophiles,but the move, however, was not toprotect the children, but - quoting formerPresident Fidel V. Ramos - to “correct wrongperceptions about the Philippines, especiallyin the tourism industry.” Ironically, childprostitution is highest in areas that are highlydependent on tourism, such as Puerto Galerain Mindoro, Pagsanjan in Laguna, Cebu andBaguio City, and Boracay Island in Aklan.17

everse flow– the out-migration of under-agedyouth for the purpose of prostitution abroad.State policies and programmes and the internationaldemand for cheap labour abroadhave also facilitated the massive migrationof women, even young girls, for work overseas.Government policies favour the exportof entertainers and domestic helpers that putthe lives of children and young women atrisk. It is the combination of a legitimisingsystem that involves government and privatesector recruiters and marketers, the localpressure of unemployment, the growing demandfor bought sex and the operations of internationalcrime syndicates, that have ledto the worldwide explosion of the traffic inwomen and children.Although more stringent laws against traffickinghave been passed in 2003, notablythe already discussed Republic Act No.9208, implementation of these laws havebeen weak so far. No effective prosecution oftraffickers takes place due to corruption,weak judiciary and absence of enforcementof legislation. 18OMCT urges the Republic of thePhilippines to aggressively implement the legislationand to prosecute involved officials.4.1.3. Child Pornography and theInternetUnlike actual physical molestation, the verynature of pornography multiplies the abusemany times over. Pictures of the children beingabused are shown or shared with others.These photos are also easily replicated - theyget into sex publications, manuals, orbrochures. They are reproduced by thousandsor tens of thousands, often in differentlanguages and distributed in numerous countries.Child pornography is becoming increasinglylinked to the Internet, whichprovides new means to produce and distributeimages secretly and globally. The picturesare usually accompanied with articlesthat give details about the child or children,about the Philippines, and how prostitutionis run in the country. Filipinos are sold assweet, warm, and hospitable. Behind thephotos is physical violence that accompaniesthe making of child pornography.Since 1990 the Philippine authorities havebeen active in investigating and deportingpornographers such as Andrew Mark Harvey,a US National, for sexual abuse of children,and Hisayaoshi Naoyishi Maruyama, aJapanese national, for multiple abuses of1918 - http://www.state.gov/g/tip/rls/tiprpt/2004/33191.htm#thephilippines

children as young as seven years old andkidnapped by intermediaries for the purpose,who was arrested ordered to pay a bail ofUSD 80 for each of the molested and/or disappearedchild.Local and foreign media have often beencareless and insensitive in handling victimsof pornography. One of the major areas for futurestudies is the effect of child pornographyon the victims and the problems thatemerge during rehabilitation. In practice,children are labelled for years, even well intotheir adult years. NGOs such as ECPAT haverepeatedly asked Filipino media not to joinin exploiting these already exploited children,and although there has been some response,the practice still continues.4.1.4. Aids and sexual educationOne of the great dangers of the thriving sexindustry is the threat of an HIV/AIDS epidemic.In addition, the spread of the diseaseis also lingering in the Filipino jails, where19 - See section 5.2.4. Conditions of detention.20 - “AIDS epidemic looms over RP”, Ami Evangelista, 4 July2004, Philippine Daily Inquirer,http://www.inq7.net/opi/2004/jul/04/opi_commentary 1-1.htm 20adult inmates often sexually abuse children.19 Partly due to the majority of Catholicsamong the population of the Philippines,there is a societal sentiment in thePhilippines that rejects the use of condoms.Filipino schools only provide rudimentarysex education and local authorities have evenprohibited the distribution of condoms inpublic health facilities (e.g. Manila MayorJose “Lito” Atienza). Simultaneously, AIDSis spreading and the two most powerful institutionsin the country, the government andthe Catholic Church, have taken little actionto change the attitude. 20A recent NGO report addresses the crucialfailures of the Philippine government toadequately tackle the spread of HIV/AIDS.Not only do policies omit to stress the importanceof the use of condoms for the preventionof the life-threatening disease,authorities expressly discourage their use.The anti-condom policies are manifested bybans of national funds for the supply of condomsand the prohibition on teachers to provideadequate sex education including healthmatters. In addition, numerous instanceshave been reported in which the police issaid to have penalised a person in possessionof condoms with prostitution. As a consequence,most Filipino youth and adolescents

have no idea about the effects, transmissionand protection against HIV/AIDS. 21OMCT urges the government of thePhilippines to actively engage in the fightagainst the spread of HIV/AIDS and promotethe provision of adequate sex education andthe use of condoms.4.2. Children in Situations ofArmed ConflictSince the time of authoritarian rule ofFerdinand Marcos in the 1970s up to thepresent almost 4.5 million children have becomedirect and indirect victims of war. Thesucceeding governments, from Aquino toMacapagal-Arroyo declared periods of all-outwar against the Communist insurgency andMuslim separatist movements. Forty-twoof the country’s more than 70 provinces havehad recurring incidences of armed conflict,displacing around 1.3 million people. Halfof this figure consists of children. TheDepartment of Social Welfare andDevelopment notes that 11,196 childrenannually become victims of war as a resultof the anti-insurgency campaigns the governmentis waging in the countryside.In addition, NGOs working throughout theaffected areas reported violations of children’srights, which, according to the TaskForce Detainees of the Philippines includearrest and detention, harassment and physicalassault. On several occasions elementsof the military have discriminatory used forceand killed civilians in their fight against theNPA. These occurrences are clear violationsof Article 38 paragraph 4 of the CRC underwhich a State is under the obligation to ensureprotection and care of children affectedby armed conflict in accordance with its dutiesunder international humanitarian law.Two cases illustrate the grave violence towardschildren by military forces.(1) For instance on 7 May 2004 military soldiersunlawfully killed two minorsMaylene Gollosso, 13 years old, andRaymund Golloo, 6 years old in Bulan,Sorsogin, Philippines. The victim’s motherleft the house to go to the centre and left herfour children at home. Upon a loud burst ofgunfire the children hid in the house andwhen the gunfire stopped for a short while,Mayelene and Raymund went outside tocheck if anybody was there and were hit by2121 - “Unprotected: Sex, Condoms and the Human Right toHealth in the Philippines” , Human Rights Watch report,May 2004 Vol. 16, No. 6 (C), http://hrw.org/reports/2004/philippines0504/

gunshots. Ms. Golosso ran back to the housewhen hearing the gunshots and saw sevensoldiers hiding in the garden around herhouse. When she saw her dying children shecried for help, but they left. The soldiers laterwent to the captain of the village and after requestreceived a signed certification statingthat the soldiers had engaged in a fire fightwith the NPA and that they were the oneswho killed the children. However this was afake certification, since evidence proved tobe contradictory. 22(2) On 26 August 2003, in an open letter topresident Gloria Macapagal-Arroyo, theInternational Secretariat of OMCT, informedby the Task Force Detainees of thePhilippines, denounced the case of a youngboy who was arbitrarily arrested and torturedby military forces. Sixteen year old JennyRom was one of four youngsters arrested bymembers of the 19th Infantry Battalion basedin Brgy on February 13, 2003. The militarywere conducting an intensified operationagainst rebels in the boundaries of Ormoc,when they encountered Jonathan Rom, LouieRom, Jenny Rom, Genson Rom. They werehandcuffed and accused of being rebels.22 - OMCT, Urgent Appeal, Philippines: Unlawful killing of twochildren by the military, Case PHL 180504.CChttp://www.omct.org/base.cfm?page=article&num=4894&consol=close&kwrd=OMCT&rows=11&cfid=1310942&cftoken=68782846 22Although the boys argued that they hadjust come from a day’s work in the farm,the military conducted an interrogation.According to the information received,during the interrogation Jenny waspunched and beaten every time he deniedbeing a member of the NPA. Finally he wasviolently hit on the neck and left for dead bythe military in an isolated place. Jenny wokeup after a few hours and, despite his injuries,he managed to walk to his house. His unclethen rushed him to the hospital. The militaryarrived there and brought him to the BurauenMunicipal Jail, having charged him withmultiple homicides. Meanwhile, his threeother friends were released after spendingthree days under military custody. Nocharges were filed against them. Last July,Jenny was transferred to a detention cell forminors at the Leyte Sub Provincial Jail whilethe perpetrators of the acts of torture remainunpunished.OMCT urges the government of thePhilippines to comply with Article 38 paragraph4 of the CRC under which a State isunder the obligation to ensure protection andcare of children affected by armed conflict inaccordance with its duties under internationalhumanitarian law.

4.2.1.Recruitment of children intoarmed groupsThe Optional Protocol on the Involvement ofChildren in Armed Conflict increases theminimum age for the participation of membersof armed forces in hostilities from 15 to18 years. OMCT welcomes the fact that thePhilippine military forces do not recruit soldiersunder the age of 18. The same rule appliesto non-State armed forces and “StatesParties shall take all feasible measures toprevent such recruitment and use, includingthe adoption of legal measures necessary toprohibit and criminalise such practices” byvirtue of Article 4 paragraph 1 and 2 ofthe Optional Protocol. However, armedparamilitary groups have been regularlyfound to resort to children to compose theirrebel groups. 23 It is very difficult to quantifythe number of children fighting with thevarious armed opposition groups.Especially the use of child combatants by theMoro Islamic Liberation Front (MILF) andNational People’s Army (NPA) that are continuinglybeing reported. The PhilippinesGovernment estimated in 2001 that between3 and 14 percent of the NPA’s 9,000-10,000regular fighters were children. 2423A paper by the Sub-Group on Children inArmed Conflict and Child Labour (within theNGO Group for the CRC) pointed out that inclear violation of ILO Convention N° 182 onthe Worst Forms of Child Labour, article 3(a), some children are physically forced orcompelled to join the armed groups. Furtherthe paper showed that although an ILOStudy, showed that 34-40% of the respondentssaid they joined “voluntarily”, otherswere invited to join by family members orrebel group leaders, or joined out of religiousduty or for revenge. 25 However the paperwent on to show that such volunteering wasnot always quite so voluntary as it identifiedreasons for such volunteering as domestic exploitationand abuse, lack of access to educationand lack of alternative choices. 2623 - Human Rights Watch, The Philippines: Child Soldier Use2003, A Briefing for the 4th UN Security Council OpenDebate on Children and Armed Conflict, January 16, 2004, Multi Country Report24 - Marliza A Makinano: Child Soldiers in the Philippines(International Labor Affairs Service, Department of Laborand Employment, Philippines, 2001), pp 39-40.25 - ILO IPEC: Philippines: Child Soldiers in Central andWestern Mindanao: A Rapid Assessment (Investigating theWorst Forms of Child Labour No. 21), February 2002;UNICEF EAPRO: Adult Wars, Child Soldiers: Voices ofChildren involved in armed conflict in the East Asia andPacific Region (October 2002), pxvi26 - The NGO Group for the Convention on the Rights of theChild, Sub-Group on Children in Armed Conflict and ChildLabour’s paper on the Compliance with ILO Convention No.182 on the Worst Forms of Child Labour Convention,August 2003.

The Philippines’ Department of Labour andEmployment, 27 and a UNICEF study on under18 years recruited into non-State armedgroups in the Asia Pacific Region 28 cited similarfactors in children “volunteering” intoarmed groups such as rural poverty, lack offree secondary education, and high levels ofchild labour.4.2.2.Conditions of service for childrenin armed groupsAll of the children interviewed for theUNICEF study above were in situationswhich were intrinsically hazardous to the“health, safety and morals of children”within the meaning of ILO Convention No.182 (article 3 (d)). Child soldiers and childrenworking in a military environment areconstantly exposed, both in combat and intraining, to life-threatening situations, which,if they survive, could leave them severelyphysically or emotionally damaged.The paper by the Sub-Group on Children inArmed Conflict and Child Labour (hereafterthe NGO Sub-Group) mentioned aboveshowed that aside from the obvious hazardsof living and working in a military or conflictenvironment, all of the children interviewedunderwent harsh treatment and conditions(such as detention cells or only being allowedto eat at night) and that such harsh conditionscompounded any illnesses to becomesevere diseases.In addition, the NGO Sub-Group paper citedcontraventions of ILO Convention No. 182Article 3(d) such as working long hours,away from home and lack of education. Inaddition, many state that they do not get paidfor their services as child soldiers. Eventhose who volunteered and appreciate someaspects of the way in which they were treatedby contrast with their normal existence, onescape or capture express concerns about thedanger and fear associated with being involvedin armed confrontations.27 - Marliza A Makinano: Child Soldiers in the Philippines(International Labour Affairs Service, Department of Labourand Employment, Philippines, 2001), pp 65-70.28 - UNICEF, “Adult Wars, Child Soldiers: Voices of ChildrenInvolved in Armed Conflict in the East Asia and PacificRegion” (2002) pp 23-31. 244.2.3. Government PolicyLegal protection of children from military recruitmentand use is specifically provided forin the 1991 RA No. 7610 (the Special

Protection of Children Against Abuse,Exploitation and Discrimination Act, July1991), at Article X(22)(b).The NGO Sub-Group paper concluded thatthe Government’s legal provisions accordwell with the requirements of ILOConvention No. 182 both in relation to governmentarmed forces and to armed oppositiongroups. However, it is not clear whataction the Government actually takes to deterrecruitment and use of under-18s byarmed opposition groups in line with its obligationsunder the ILO Convention No. 182as this is the major current problem, in particularwith the NPA and the MILF. 29In this context the NGO Sub-Group concludedthat it was particularly important thatthe Government develop an action plan,which addresses the reasons why childrenbecome child soldiers in armed oppositiongroups in addition to the legislative provisionsprohibiting such activities as requiredunder Articles 6 and 7 of ILO ConventionNo. 182.2529 - ILO IPEC: Philippines: Child Soldiers in Central andWestern Mindanao: A Rapid Assessment (Investigating theWorst Forms of Child Labour No. 21), February 2002;UNICEF EAPRO: Adult Wars, Child Soldiers: Voices ofChildren involved in armed conflict in the East Asia andPacific Region (October 2002)

V. CHILDREN IN THE JUSTICE SYSTEM5.1. Legal Framework5.1.1. Minimum age of criminalresponsibilityThe minimum age of criminal responsibilityis stipulated in Article 12 paragraph 2 of thePenal Code in which a person under nineyears of age is exempted from criminal liability.The following paragraph howeverseems less clear in its wording as it statesthat criminal liability is precluded for anyperson over nine years and under 15 yearsold, unless he has acted with discernment.The latter wording appears ambiguous, especiallysince no further clarification is providedin the penal code. The criminalresponsibility age is to be changed from 9 to12 years by section 7 of the proposedComprehensive Juvenile Bill 1402 30 authoredby Senator Francis Pangilinan. 31 Thesame section also includes the ambiguous30 - However, this bill has not been passed by Congress yet, andcannot be regarded as law of the Philippines (see section6.1.2.2)31 - Similarly to Article 12, Section 7 stipulates that criminalresponsibility is also exempted for a child above 12 yearsbut below 15 years of age, unless (s)he has acted with discernment.32 - h t t p : / / w e b . a m n e s t y . o r g / l i b r a r y / I n d e x / E N -GASA350142003?open&of=ENG-PHL 26wording of discernment in that it providesthat a child above 12 and below 15 years oldis also exempted from criminal responsibilityunless he/she has acted with discernment.According to Article 68, offenders betweenthe ages of nine and fifteen, who demonstrate‘discernment’ shall receive a sentence “twodegrees lower” than an adult, and those undereighteen but above fifteen shall receivea sentence of “one degree lower.” 32 Layingdown the criteria of discernment could behelpful if consistently applied by the judgein each particular case and prevent misuseof the imprecision of the current term.Children in conflict with the Law are thosethat are between 9 and 18 years old whocommitted an offence or a crime whose caseis filed in court with the prosecutor or the police.For purposes of criminal procedures, PDNo. 1179 defines a young offender as a personover 9 but fewer than 18 years old at thetime of committing the offence. Article 68.1of the Revised Penal Code (RPC) states thatwhen the offender, at the time he commits theoffence, is under 15 but over 9 years of agethe penalty two degrees lower than that pre-

scribed by law for persons over 18 shall beimposed as long as that person is found tohave acted with discernment. Article 68.2states that when the offender, at the time hecommits the offence, is under 18 but over 15years of age, the penalty one degree lowerthan that prescribed by law for persons over18 shall be imposed. Persons under 9 yearsof age cannot be convicted of criminal offencesunder Philippine law. The RPC prescribescertain penalties depending on theseriousness of the crime. 33to the conclusion of their rehabilitation or jailsentence. For example, Article 190 of PD No.603, as amended, stipulates that it is the dutyof the concerned law enforcement agency totake the youth offender 34 , immediately afterhis apprehension, to the proper medical orhealth officer for a thorough physical andmental examination. Under PD No. 603 andthe Implementing Rules, children in conflictwith the law are given strong protection, withduties and responsibilities placed upon theState in line with international human rightsstandards.5.1.2. Filipino laws protecting childrenin conflict with the lawDespite the poor human rights record of thegovernment of Ferdinand E. Marcos, the dictatorialregime made some worthy legislationregarding the protection of children.Presidential Drecree (PD) No. 603 or the“Child and Youth Welfare Code” is the primarysource of protection of children in conflictwith the Law in the Philippines. PDNo. 603 and its implementing rules, theRules on the Apprehension, Investigation,Prosecution and Rehabilitation of YouthfulOffenders (“the Implementing Rules”),provide a framework for the treatment of childrenfrom the moment of their apprehension27The Supreme Court of the Philippines alsoissued resolutions and circulars providingguidelines for the implementation of the lawas laid down by PD No. 603 and its implementingrules. These circulars and rules ofCourt should apply to all cases involvingchildren in conflict with the law. Theseinclude: “Special Treatment of MinorDetainees and Jail Decongestion”(February 2002), “Rule on Juveniles inConflict with the Law”(April 2002) and33 - For example, a person who is convicted of theft of an itemworth between PhP 12,000 and PhP 22,000 shall be sentencedto between 6 years and 1 day to 8 years imprisonment.However, a person who is convicted of theft of an itemworth between PhP 6,000 and PhP 12,000 shall be sentencedto between 2 years 4 months and 1 day to 6 yearsimprisonment. The penalty in the latter case is describedas being “one degree lower” than the former offense andis a lesser form of punishment because stealing a less valuableitem is deemed to be a less serious offense.34 - Youth offender is still being used to describe children inconflict with the law in many government reports and documents.

“Rule on Commitment of Children”. Due toPreda’s reports on violations of previous circularsand strong lobbying to the SupremeCourt and an international letter writing campaign,the Supreme Court issued another administrativecircular No. 13-2004 “Casesinvolving youthful offenders” on 30 March2004. The latter circulation emphasises theimportance of the previous circulations forthe protection of children in the juvenile justicesystem.Republic Act (RA) No. 8369 or the “FamilyCourts Act of 1997”, establishes FamilyCourts and grants them jurisdiction over childand family cases. It also contains importantprovisions regarding the supervision of YouthDetention Homes (YDH) or homes for childrenawaiting or undergoing trial, as well asthe training of Family Court Judges. Section3 of RA No. 8369 states that “[t]here shall beestablished a Family Court in every provinceand city in the country”. The Act furtherstates that Family Courts “shall have exclusiveoriginal jurisdiction to hear anddecide”, inter alia, criminal cases whereminors are accused of crimes. Family Courts,therefore, are special courts aiming to givespecial attention to minors in conflict with thelaw so that there cases might be treated sensitivelyand expeditiously. Under Section 5 ofRA No. 8369, only the Family Court has jurisdictionto deal with cases where the accusedis a child at the time of the commissionof the offence unless there is no Family Courtin that particular province or city.The subsequent acts regulate the administrationof justice in the Philippines. They aregeneral standards dealing with all persons inconflict with the law including children.The Constitution of the Philippines, and theBill of Rights guarantee several rights whichapply also to children and include:1. The right not to be deprived of libertywithout due process of law.2. The right to be informed of one’s right tosilence, legal representation etc.3. The right not to be detained in circumstancesthat amount to torture.4. The right to bail.5. The right to be presumed innocent untilproven guilty.6. The right to a speedy, impartial and publictrial.28

RA No. 7438 defines certain rights of all persons,including minors, arrested, detained orunder custodial investigation, as well as theduties of the arresting, detaining and investigatingofficers. It also provides penalties forviolations committed by the said officers.RA No. 8493 or the “Speedy Trial Act of1998,” this act provides time limits aimed atexpediting criminal trials. It also containspositive obligations on government employeesto ensure that criminal trials proceed expeditiouslyand provides for sanctions incases they wilfully inhibit or obstruct the expeditionof justice. Supreme CourtCircular 38-98 implements the provisions ofthis Act.RA No. 7309 provides for the creation of aBoard of Claims under the auspices of theDepartment of Justice (DOJ) for victims of unjustimprisonment and detention.The Revised Rules of Criminal Procedureoutline the procedures to be followed duringthe apprehension, investigation and trial ofall persons in conflict with the law.Several provisions of the Revised Penal Code(RPC) contain rules relating to the detentionand investigation of all persons in conflictwith the law. Article 125, for example, providesthe rules on the apprehension of minors.Article 191 meanwhile provides for theright of children in conflict with the law to beprovided separate quarters from adult inmatesin the absence of a child rehabilitationor detention centres.The proposed Comprehensive Juvenile Billauthored by Sen. Francis Pangilinan, wouldrise the age of criminal responsibility from9 to 12 years old. In addition, the Bill makesexplicit reference to its goal of complyingwith Articles 37, 39 and 40 of the CRC inproviding “a set of protective rights relatedto the juvenile justice system”. The Bill prohibitsthe detention of children with adults;redirect cases of petty or victimless crimesfrom court to a diversion programme; and developsa comprehensive delinquency preventionprogramme. However as discussedearlier, this bill has not been passed byCongress. Senator Pangilinan filed the proposedJuvenile Justice System Bill duringlast Congress but unfortunately it was notpassed in time before the 12th Congress adjourned.Senator Pangilinan re-filed it in thepresent Congress. Presently, it is undergoingdeliberations on the Committee Level. 352935 - Information provided by Teddy Francisco PoliticalCommunications Officer, Office of Majority Leader FrancisPangilinan, tedfrancisco@kiko.ph

OMCT strongly urges the government of thePhilippines to adopt the proposed legislation.5.2. Practice: Lack of Compliancewith the CRCUnfortunately, the amalgam of laws designedfor the protection of people in conflict withthe law is largely disjointed, often contradictory,and misapplied in practice. Whilethese laws grant children in conflict with thelaw a high level of protection, in practice thisis not the case. As highlighted by the followingcomments on the implementation oflaws, there is an overwhelming need for reformin this area. Any reform should beaimed at clarifying the law, clearly setting theexact procedures to be followed starting fromthe time a child initially comes into conflictwith the law. Such reforms should also providefor enforceable penalties for anybreaches committed.Each day, 36 to 54 Filipino children 36 languishand are jailed with adult prisoners incramped police jails where a number of themare raped, tortured, and tattooed and deprivedof access to legal, medical, social, andpsychological assistance and services in aninstitutionalised act of unlawful discriminationby the Philippine government againstthe children of the poorest of the poor. Thisis worrisome situation and a clear contraventionof the Filipino obligations underArticle 37 of the CRC.5.2.1. ArrestArrest with a Warrant36 - Thirty-six to fifty-four children-including girls and kids withmental disabilities-are jailed with adult prisoners everyday.This is based on statistics of the Public Attorney’s Officewho reported having handled 13,300 cases involving childrenin conflict with the law (36 kids per day) in 2002. Theoffice of Philippine Senator Francis Pangilinan also expressedconcern that 20,000 Filipino kids have been jailed(54 kids per day) in 2003. 30Since the apprehension of a person (eitheradult or minor) suspected of committinga criminal offence involves the deprivationof liberty –albeit temporarily– thePhilippine Constitution requires that arrestshould be made only by a virtue of a warrantand unless the circumstances in which theperson is arrested falls within the exceptionsprovided by law. An arrest warrant is issued

following the conduct of a preliminary investigation37 by a prosecutor, judge or otherauthorised official, and the filing of a criminalcase in court. Under Section 4 of theRevised Rules of Criminal Procedure, thepre-arrest preliminary procedure should providethe accused adequate opportunity tosubmit refuting evidence to contest the complaintprior to facing the risk of imprisonmentand the filing of criminal charges in court.There is no effective provision underPhilippine law for legal representation to beprovided at the preliminary investigationstage to an accused unable to afford legalcounsel, who can nonetheless be provided legalassistance by the Public Attorney’s Office(PAO). In the majority of cases, a child willnot have legal assistance at this stage and inpractice, very few children in conflict withthe law are arrested pursuant to the issuanceof an arrest warrant. Only two of the 69 minorsinterviewed in jail were detained on thefoot of an arrest warrant issued after the conductof a preliminary investigation. Thesetwo minors reported receiving a subpoenaattached to an affidavit of complaint. Withoutlegal assistance, however, they were unableto understand the consequences. They ignoredthe documents and failed to submitany refuting evidence to the investigating31prosecutor. The first real opportunity for theseminors to submit evidence with the benefitof legal assistance came after weeks ormonths at the arraignment stage of criminalproceedings and after their incarceration inan adult jail.Arrest without a WarrantOf the children interviewed, the majority wastaken into custody without an arrest warrant,allegedly while committing the offence orin flagrante delicto. This does not constituteany violation of the law if done in accordancewith Section 5 of Rule 113 of the Rules ofCriminal Procedure, which determines thesituations in which arrest without a warrantis lawful). Meanwhile, under Article 125of the RPC, all persons (adults as well aschildren) who are arrested must be broughtbefore the prosecutor, municipal court judgeor duly assigned officer for an inquest37 - A preliminary investigation is an inquiry to determinewhether there are sufficient grounds to engender a wellfoundedbelief that a crime has been committed and thatthe accused is probably guilty thereof. This procedure usuallyinvolves the exchange of affidavits between the complainantand the respondent before the preliminaryexamination hearing in front of a prosecutor, judge or otherauthorized official. The complaint can then be either dismissedfor want of evidence or filed in court as a criminalcharge. Once the case is filed in court, it is given a criminalcase number and an arrest warrant can be issued.

investigation 38 with specific time frames,within 36 hours at the most, depending onthe classification of the alleged crime. Itwould seem that in practice this only appliesto cases of arrests without a warrant.Inquiry as to AgeUnder PD No. 603, a child is supposed to betreated differently from an adult from the momentof arrest (with or without warrant). Itwould seem to be an obvious requirement forthe arresting officer to make all due effort toascertain the age of those who appear to beminors as soon as it is practicable afterarrest. But under Philippine law, there is noexplicit requirement for an arresting officerto inquire as to the age of an accused immediatelyupon arrest. It is often the casethat the arresting officer’s report will notcontain details of the age of the accused. As38 - Inquest investigation is not to be confused with preliminaryinvestigation, which occurs before the issuance of an arrestwarrant as discussed previously. An inquest investigationis provided for under Section 7 of Rule 112 of theRevised Rules of Criminal Procedure. It is a more expeditiousand less thorough investigation than a preliminaryinvestigation because, unlike the latter, it does not involvethe exchange of complaint-affidavits. In theory, an inquestinvestigation ensures that the detention of an accused is notillegal as he is supposed to be afforded an opportunity toexamine the complaint and any evidence against him. It isunclear whether or not he is afforded an opportunity to submitcontroverting evidence at this stage and/or question thelegality of his detention. At the end of the inquest investigation,the duly authorized officer decides whether or notthere is enough evidence to pursue the prosecution of theoffense or to order the release of the accused. 32a result, the case is mistakenly filed in acourt other than the Family Court. The officer,usually the prosecutor conducting theinitial inquest investigation – in practice –rarely meets the accused at this stage, makingit impossible for him to visually identifyhim as a minor.The filing of the case in a court other than theappropriate Family court generally meansthat the child will have his arraignment andtrial delayed for months before the case iseventually transferred to the appropriatecourt. More worryingly, the child will be unableto avail his rights under PD No. 603.(See also children on death row. Numerousminors are awaiting the death penalty becausethere is uncertainty regarding theirage.) Despite their youthful appearance,many of the children interviewed weretreated as adults until such time as they wereable to prove their age by producing a birthcertificate. However various factors (i.e.poverty, homelessness, etc.) make it often impossibleto present a birth certificate.Use of Handcuffs or Other ForceSection 5 of the Implementing Rules statesthat handcuffs and other instruments of

estraint should only be used on childrenwhen absolutely necessary. Approximately50% of the children interviewed report thatthey had been handcuffed on arrest and oftenduring their transfer to and from court.As there is no obligation on the arresting officerto record details on the use of handcuffsand other instruments of restrain, there is noway to confirm or refute these allegations.5.2.2. Police CustodyDuty to Inform Parents/Guardians and theDepartment of Social Welfare andDevelopmentUnder Section 4 of the Implementing Rules,the arresting police officer is obliged to notifythe Department of Social Welfare andDevelopment (DSWD) and the parents orguardian of the arrest of the child withineight hours. The officer is also obliged to explainto them the cause and reason for the arrest.Unfortunately, this rule is not appliedconsistently. In some jails, it seems that thechild’s parents and the DSWD had been informedof the child’s detention almost immediately.In others, little or no effort hadbeen made to contact either the child’s parentsor the DSWD. Had efforts been made tocontact both parties and had these beenrecorded, it would go some way towards provingthat the arresting officer diligently enforcedthe rights of the accused, even if theparents or guardians were not contactable.Physical Examination of the ChildUnder Article 190 of PD No. 603, an arrestingofficer is obliged to take the arrestedchild to any available government medical orhealth officer in the area for a physical andmedical examination. This provision is intendedto act as a deterrent to the use of unnecessaryforce during and after arrest. Onlya small number of the children interviewedreportedly had such an examination. Severalof the children reported the use of unnecessaryforce against them by police officersduring and after arrest and a physical examinationwould help confirm or disprovethese allegations of abuse.Right to be Informed Immediately for theReason for the ArrestUnder Section 4 of PD No. 603 and Section2(b) of RA No. 7438, the arresting officer isobliged to immediately inform the youth of33

the reason for his arrest, and to advise himof his legal rights in a familiar language. Inpractice, this rarely happens. Almost all ofthe children interviewed reported a failure onthe part of the arresting officers to adequatelyinform them of their rights.RA No. 7438 also requires the arresting officerto reduce his custodial investigation reportto writing. Section 2(c) of the same Actdemands that the arresting officer mustensure that all accused persons have the contentsof the custodial investigation report explainedto them by an assisting counsel.Otherwise the custodial investigation reportis null and void.As none of the children interviewed had anylegal counsel present at this stage, any custodialinvestigation report, whether signed bythe minor or not, should be considered nulland void. Consequently, there is no writtenevidence that any minor interviewed wasever informed of his constitutional rights.It seems that the police largely ignores RANo. 7438. Despite the penalties set out,many breaches go unpunished.Right to Legal Counsel 39After arrest, it is usual for children in conflictwith the law to be brought to and questionedat the appropriate police station.According to the law, a child alleged to havecommitted any offence has a right to legalcounsel effective from the time of his arrest.In all of the cases of children interviewed,there was no legal counsel present during thepost-arrest interviews conducted by the police.Only rarely did the children have thebenefit of the presence of their parents orguardians or a social worker. Many of thechildren reported that they have signed variousunexplained documents under such circumstances.The law needs to clarify a child’s rights duringpost-arrest investigations, with questioningdisallowed in the absence of a socialworker or legal counsel. This would remove allconfusion if a child later asserts that his legalrights were not respected at the custodialinvestigation stage.39 - Several texts grant the right to legal counsel to persons inconflict with the law. Same of them especially apply to minors:Section 6 and 10 of the Implementing rules and section8 and 26 of the Supreme Court Rules on Juveniles inConflict with the Law 34

Delivery to the Proper Judicial AuthoritiesIn accordance with Article 125 of the RPC 40 ,the investigating police officer must forwardthe case of a child accused to have committeda crime to the appropriate official forthe conduct of an inquest investigation withina maximum of 36 hours. In practice, it isusual for a child to have his inquest investigationperformed within 48 hours of arrest.In addition, it is not considered necessary tobring to the inquest investigation those whohad been arrested with a warrant, because itis presumed that they were afforded theirrights to submit refuting evidence at the preliminaryinvestigation stage, however thesepresumptions are often unfounded.Article 125 of the RPC requires the deliveryof an accused to the “proper judicial authorities”within the required time limits.However, most of the child respondents hadno recollection of attending any inquest investigationor interview with any prosecutoror judge after their arrest. The informationfiled by the prosecutor in court is not signedby the accused and there is no proof that thechild was actually brought before the judicialauthorities. Many of the police officersinterviewed informally stated that they wouldoften only bring the papers for signature by35the prosecutor, who will conduct the inquestinvestigation without seeing the accused.Regarding practice, it is difficult to considerthat the authorised officer conducting theinquest investigation is really fulfilling a judicialfunction. He or she is merely fulfillingan administrative formality. While the authorisedofficer has the power to file the casein court or to drop the charges, there are severalpreliminary orders outside his realm ofauthority. For example, the authority to havethe child released on recognisance or bail,or transferred to a Youth Detention Home ora Youth Detention Centre. It would take betweentwo weeks to several months for a minorto be arraigned in court, during whichtime he is detained in an adult jail. Withoutlegal counsel, the child has little or no opportunityto assert his legal rights to due processand fairness even at the early stage ofthe proceedings.40 - Basic International Human Rights Laws demands that anaccused be brought promptly before the proper judicial authoritiesin order to question the circumstances of his detention.Article 125 of the RPC indicates that the purposeof bringing the accused before the inquest investigation isto provide him to submit controverting evidence to the prosecutorand challenge the legality of his detention. Article125 is an attempt to fulfill the State’s obligations under theICCPR (Article 9(3) and the ICRC (Article 37(d)). Theselaws establish the right of an arrested person to be broughtpromptly before a judge or other officer authorized by law.The function of these officers is to decide whether there issufficient evidence against the accused as to warrant theircontinued detention.

Waiver of Preliminary InvestigationIf the child is arrested without a warrant itmay ask to sign a waiver of preliminary investigation.He/she is then entitled to themore thorough preliminary investigation,which transgresses the prescribed time limitsof a ‘normal’ preliminary investigation.From the case files of many of the minors interviewed,it is clear that the authorised officeruses the absence of a signed waiver asevidence that the accused minor has declinedhis right to a preliminary investigation.In reality, it is very rare that a minor willbe presented with such a waiver. Section 7does not place a positive obligation on theauthorised officer to inform a child of hisright to a preliminary investigation: a childwho does not sign a waiver is not necessarilywaiving his right to a preliminary investigation.A legitimate and understandablereason for the failure of the accused to requesta preliminary investigation is the lackof awareness of his rights. This is clearly dueto the absence of any legal assistance at theinquest investigation stage. The authorisedofficer however uses such failure to implythat the accused is waiving his right to preliminaryinvestigation.5.2.3. Pre-trial Detention41 - Section 7 of RA 8493 states that the arraignment of an accusedshall be held within 30 days from the filing of theInformation, or from the date the accused has appeared beforethe justice, judge or court in which the charge is pending,whichever date last occurs. Section 12 of the same Actplaces positive obligations on PAO and persons having custodyof prisoners to obtain the presence of a prisoner fortrial. Section 14 provides for sanctions in cases where counselfor the accused, the public prosecutor or PAO obstructthe speedy resolution of criminal cases. Section 13 of theAct and section 9 of Rule 119 of the Revised Rules ofCriminal Procedure also provide that when the accused isnot brought to trial within the specified period, theInformation may be dismissed upon the motion of the accused.Section 26(h) of the Supreme Court Rule onJuveniles in Conflict with the Law states that “In all criminalproceedings in the Family Court, the judge shall ensurethe protection” of “the right to have a speedy andimpartial trial, with legal or other appropriate assistance andpreferably in the presence of his parents or legal guardian,unless such presence is considered not to be in the best interestsof the juvenile taking into account his age or otherpeculiar circumstances”. Therefore, it is clear that the casesof minors should receive priority over the cases of adultsin terms of how quickly they proceed. 36Delay before the Court 41The majority of the children in the case studiesreported that the arraignment was theirfirst opportunity to appear before the relevantcourt. It was also their first opportunity tomeet with their legal counsel. As shown bythe case studies, weeks or even months maylapse before the arraignment takes place. Inone of the cases, a child was arraigned withina week of his detention. In the case of another,it took more than 18 months. In all ofthe cases documented by PREDA, there isevidence of serious delays and breaches of

the laws. Delays of months between hearingsremain the rule rather than the exception,and these delays may have serious repercussionson the penalties imposable underlaw for children in conflict with the law.Delays and constant postponements seem tobe accepted as inherent and unavoidable bythose involved in the justice system.Children accused of having committed acrime, like everyone else, are supposed toenjoy the presumption of innocence, as providedby Article 40(b) of the CRC, yet manyfind themselves languishing in jail prior totheir trial for lengthy periods of time. Of thechildren located in the various jails, not oneis actually serving a sentence after trial andconviction in court. All of them are awaitingthe disposition of their cases. In practice, itseems that prosecutors, complainants andeven judges view the pre-judgment period –which can amount to years in some cases -as adequate punishment for the crime thatwas allegedly committed.The lack of a sufficient number of court socialworkers means that writing case studyreports and submitting them to the judgeswith a recommendation for transfer of custodytakes several weeks alone. There isonly one court social worker for dozens ofcases. NGOs are also assisting in the preparationof the reports, but the current staffingis far from adequate to deal with the numberof children in conflict with the law cases. Thechildren suffer weeks and months in prisonbefore custody is approved.The question of persons who reach the age ofmajority while awaiting trialIn cases where the accused was a child at thetime the crime had been committed, but notover 18 at the time of conviction, the penaltiesprescribed by the RPC are applicable.He should therefore not receive the fullpenalty that an adult offender would receive.The law recognises the age of the accused atthe time the offence was committed as a mitigatingcircumstance.Presidential Decree (PD) No. 603 also appliesto those who are sentenced before theyturn 18. Article 192 of PD No. 603 statesthat if the court finds that the child has committedthe acts charged against him, the prescribedpenalties would be imposed.However, the court may decide - as a matterof upholding the best interest of the publicand the child in question – to suspend allfurther proceedings and commit the child,37

who has not yet reached 18 years of age, tothe custody of the Department of SocialWelfare and Development (DSWD) or otherappropriate institution for his rehabilitationuntil he reaches the age of 21 or for a shorterperiod as the court may deem proper. Thissuspension of sentence mechanism is veryfavourable to children in conflict with the lawas it gives them the opportunity to undergorehabilitation. PD No. 603 also provides anopportunity for such youths to be releasedearly from Youth Rehabilitation Centres oncethe court is satisfied that they have been successfullyrehabilitated. Thus a child who isarrested, tried and convicted before he turns18 is afforded an opportunity to undergo rehabilitationand may benefit from an early release.However, unlike Article 68 of the revised penalcode, the relevant provisions of PD No.603 do not apply to children who turn 18 afterarrest but before conviction. Such a personcan only benefit from the reduction byone degree of his sentence if aged between15 and 17 and two degrees if aged between9 and 15.be arraigned. This means that he will nothave the opportunity to benefit from the suspensionof sentence provisions of PD No.603 despite the fact that he was a child at thetime of arrest. This also means that if foundguilty, Marko is liable to a sentence of reclusiontemporal minimum (12 years and 1 day),which is the penalty one degree lower thanthat prescribed for adult convicts. Instead ofbeing able to avail of his right to a suspendedsentence and rehabilitation, Marko mightface a lengthy prison sentence as a result ofthe inexcusable delay on the part of the prosecution.Judging from Marko’s case, seriousdelays in the processing of the criminal casesagainst children are primarily responsible forcausing unjust situations. In practice, itmeans that the speed at which the trial of anaccused occurs will determine the extent ofpunishment.OMCT urges the government of thePhilippines to change PD No. 603 so as toalso include children who turn 18 before convictionand hence can benefit from the suspensionof sentence provisions.The case of Marko illustrates this anomaloussituation. At age 16, he was arrested for theft,but 18 months later, at age 18, he has yet to38

5.2.4. ImprisonmentMinors in Jail Pending JudgmentDespite their respective mandates to establishdetention and rehabilitation centres inthe cities and provinces throughout thePhilippines, the Department of SocialWelfare and Development (DSWD), theDepartment of the Interior and LocalGovernment (DILG), and local governmentunits (LGUs) have not satisfactorily implementedtheir obligations to establish suchcentres. As a result, many areas of the countryare left without these centres, and childrenawaiting trial are detained in jails alongwith adult prisoners.Even in the rare cases where appropriatecentres for children exist, legal provisions remainvague as to who is directly responsiblefor transferring the minor to such centres.The prosecutor who initially files the informationin court against the child has no authorityto transfer the accused from jail to arehabilitation or detention centre. While thejudge has the sole authority to transfer theaccused, he will rarely see the child in courtuntil weeks after the minor had been arrestedand placed in jail.In practice, Youth Rehabilitation Centres(YRCs) do not take minors into their custodywithout a valid court order out of fear that arbitrarydetention proceedings will be broughtagainst them. Many arresting officers as wellas Youth Detention Homes (YDHs) andYRCs do not wish to transfer or receive minorsbecause they think that, interpretingSection 8 of RA No. 8369, a judge, havingmany responsibilities in relation to YDHs,should first issue the authorisation of such atransfer. On the other hand, Section 8 of RANo. 8369 does not require the issuance of acourt order by a Family Court judge authorisinga child transfer to a YDH or YRC.Lack of awareness about the laws concerningchildren in conflict with the law andapathy among jail authorities appear to playa large role in the failure to bring childrenarrested for crimes immediately to theDSWD. Jail authorities generally appear reluctantto transfer children to the YDHs orYRCs alleging fears that the children mightescape from custody.Plain disregard on the part of jail officers andpublic defendants also explains how childrenhave ended up in jail. Overworked publicdefendants often advise the children to pleadguilty to hasten the process. The case of39

Junjun, charged with rape, demonstratesutter disregard for the law and the child’swelfare and best interest. He was brought toa juvenile detention centre but was turnedaway because it was full. Without explanation,his escorts simply dropped him off atthe Bilibid National Penitentiary. No one ispursuing his case, no one is filing an appealon his behalf.Despite a circular issued by the SupremeCourt on the conduct of regular dialoguesand periodic visits to jails by trial judges,none of the children who were interviewedreported having witnessed any visits fromjudges. However, it is also acknowledged thatFamily Courts are burdened with a massivecaseload.Lack of Youth Detention Homes (YDHs) andYouth Rehabilitation Centres (YRCs)A major problem with the current juvenilejustice system is the lack of YDHs and YRCsthroughout the Philippines. There ispresently only a very small number of YDHsin the Philippines and there is not a muchgreater amount of YRCs. As a result, manycourts will order the transfer of minors ontrial to the custody of YRCs, which are centresfor a child under rehabilitation who hasreceived a suspended sentence in line withthe provisions of PD No. 603, and not for aminor who is waiting or undergoing trial. Thishas the effect of placing a child accused ofhaving committed a crime in a centre intendedfor children who have received sentencing.Furthermore, the very few YRCs inthe country are unable to provide proper rehabilitationservices to the children in theircustody, with overcrowding being one of themajor problemsThe almost total lack of local governmentfacilities for minors as mandated by PD No.603 which states that a detention home oughtto be provided for in every town. For notcomplying with this law the municipality isfined no more than the equivalent of sixtyEuros. It is therefore of no political advantagefor the municipality to spend money onsuch a costly project and easier to pay thefine.Preda visited several jails and monitored thecases of many children since October 2003(after the report of the UN Human RightsCommittee). In February this year Predaopened an alternative home for these childrenin prisons and has accepted 70 boys sofar. Twenty-five of these have already been40

eintegrated to their families as their caseshave been dismissed or they have been acquitted.This reflects the changing attitudein the judiciary as at least eight judges havereferred children from the prisons to thePreda alternative home. The main obstaclenow in preventing the imprisonment of childrenin adult prisons is the lack of government-runholding centres to which judgescan refer children. Even the Preda alternativehome is filled up to capacity and needsexpansion if it is to accept more children.OMCT urges the executive branch of thePhilippine government to establish additionalholding centres for juveniles in order toaccommodate the number of children in conflictwith the law and consequently preventchildren being imprisoned with adults. Thegovernment should create a strong incentivefor the local governments to comply withPD No. 603, or centralise the provision ofYDHs and YRCs.Lack of Diversionary ProceduresDiversionary procedures, known as theKatarungang Pambarangay are establishedas a method of keeping children in conflictwith the law out of the justice system. Theyare aimed at settling the problem in a childfriendlyway. Rules dealing with theKatarungang Pambarangay have been issuedby the Department of Justice. Ideally,the barangay captain or the local councilchairperson can negotiate a deal regardingcompensation between the complainant andthe family of the child accused of having brokenthe law. This measure is to prevent thepressing of charges. While the barangay canlegally dispose of a criminal case – in particular,those wherein the penalty does notexceed an imprisonment term of one year ora fine of PhP 5,000. However, in most of thecases documented by PREDA, thebarangay was unable to dispose of thecharges because of the absence of a privateinjured party. Many of the cases involvedcrimes against persons or personal propertyand the penalties involved exceeded the ceilingas required in the KatarungangPambarangay.Arbitrary Detention: Pre-trialThe inquest or preliminary examination procedurecovers the majority of cases where nowarrant of arrest had been issued. The legalityof detention based on this procedureis questionable, with such a detention con-41

sidered to constitute illegal and arbitrarydetention and a breach of Article 125 of theRPC. While Republic Act (RA) No. 7309provides for a Board of Claims under theDepartment of Justice for victims of unjustimprisonment and detention, in practice, achild accused of having broken the law –with little or no legal assistance - will neverbe informed of his right to compensation forany illegal detention he may suffer.Evidence of illegal detention is difficult togather, since custodial reports and case filesrarely include the necessary details. Dueto the heavy workload of PAO lawyers, it isimpractical for them to raise procedural issuesof illegal or arbitrary detention. Achild’s right to be compensated for sufferingillegal and arbitrary detention may prove illusoryand unenforceable in all but the mostexceptional circumstances.Arbitrary Detention: Post-trialMany of the children in the case studies indicatedthat they were detained for longperiods in jails along with adult prisonerseven after the appropriate court had orderedtheir release, or transfer to a YRC or a YouthRehabilitation Home. In one of the cases, achild was detained in jail for 49 days afterthe court had ordered for his transfer to adrugs rehabilitation centre. In many of thecases, the jail officials simply did not receiveor act upon the court order days after it wasmade. Such detentions are deemed to bemanifestly illegal and inexcusable and abreach of fundamental human rights, in particularof articles 37 c) of the CRC and 10.2b) of the ICCPR.While Philippine law provides for adequateprotection from such arbitrary detention andlays down punitive measures for erring publicofficers, there is no attempt to implementand enforce the law.42 - Under Section 4 of Rule 114 of the Revised Rules ofCriminal Procedure, all persons shall be admitted to bailas a matter of right. Similarly under section 13 of thePhilippine Constitution, it is stated that “excessive bailshall not be required.” The only occasion bail is not applicable,under the Constitution, is where the offence is onewhich is punishable by death or life imprisonment, andwhere evidence of guilt is strong. As all minors are subjectto sentences one or two degrees lower than adults - the mitigatingcircumstances rule of Article 68 of the RPC - it istherefore only on rare occasions that bail should be refusedfor a minor. 42Denial of Bail 42In several of the case studies documented byPREDA, bail had been set at an inordinateand unreasonable amount that the children

or their parents/guardian could never be expectedto pay. In one of the cases, the bailfor a ten-year old child accused of theft wasset at the equivalent of USD 2,000. Thisamount would be impossible for the averagemiddle-income earner to pay in thePhilippines, let alone an impoverished child.Under international human rights law andexcept in the most serious of cases, it isillegal for persons awaiting trial to be deniedthe right to bail while detained in custody.Prosecutors conducting preliminary/inquestinvestigations have been given guidelinesfrom the Office of the Public Prosecutorsetting out the appropriate bail amounts withregards to the seriousness of the offencescharged. However, there are no separateguidelines for minors who are guaranteedspecial protection under the law.Conditions While in DetentionDespite international texts which have establishedthe minimum standards for thetreatment of children in detention and recentrulings by the Supreme Court of thePhilippines, such as the Rule on Juveniles inConflict with the Law, any positive treatmentof children in Philippine jails is rare and oftenprovided by NGOs rather than the State.Since the previous alternative country reporton the Philippines for the Human RightsCommittee the conditions of abuse of childrenin detention have not changed. In fact, conditionshave grown worse as poverty increasesand more and more children are marginalizedin society and families are breaking up in thedesperate search for food.In the Philippines, children as young as nineyears old could be tried as adults, and subsequentlysent to adult jails. AlthoughPhilippine law stipulates that children withpending cases should be brought to theYDCs, in most cases, this has not been possiblesince only a dozen of these centres existin the entire country, and they are usuallyfull. According to conservative estimates, thenumber of children in jails has grown to morethan 20,000, or 10 percent of the total prisonpopulation.While in detention, the children are treatedalmost identically as adult inmates. In someof the jails visited by PREDA, the childrenwere detained in separate cells from theadult prisoners. In the others, they werecrammed into small cells along with convictedadult prisoners. In all of the jails,PREDA documented that the children mixed43

freely with convicted adult prisoners. Inmany of the jails, the children were made toperform massages on police officers andadult inmates in exchange for small amountof money or food. In addition, children areoften beaten and abused by senior prisoners,called the “Mayors” or the trustees. Thechildren are repeatedly sexually abused,forced to do sex acts on the older prisonersand they are raped. Not to cooperate with thewishes of the senior prisoners or to complainwould be a reason for severe beatings or evenmurder. The right of the children to betreated in a manner conducive to their rehabilitationis denied in all cases. None ofthe children were provided with adequate exercise,and no attempt has been made to providethem healthy mental stimulation orrehabilitation.Sanitary conditions vary from jail to jail. Insome, like the Tarlac Provincial Jail, conditionsappeared acceptable, while at theAngeles City District Jail and the SanFernando City Jail, both in PampangaProvince, the conditions posed a serioushealth risk to prisoners, including the childdetainees, and detention in these two facilitiesamount to cruel, inhuman and degradingtreatment. In many of the jails visited byPREDA, the children were made to providetheir own bedclothes, clothing and sanitaryitems. In some of the jails, the children weremade to sleep on the bare concrete floors oron very uncomfortable benches. In most ofthe cases documented, the children were initiallydetained at police stations and wereforced to provide for their own food often forweeks before their eventual transfer to a jailfacility.The following paragraph further gives a descriptionof the general conditions in five ofthe city and provincial jails visited byPREDA:Angeles City District Jail: The children aredetained in a small, unventilated, concretecell measuring approximately 3x7 meters.The cell lacks a window and the childrenhave only recently been given access toan electric fan. There is a concrete cubicle/toiletin the corner of the cell. The cellis located in a block containing over a hundredconvicted adult prisoners. Prisoners ofall ages mix freely throughout the block. Thesame cell is always used to house male children.Reports from adult inmates indicatethat the cell was used to contain up to 15children. The jail does not supply any beddingor basic sanitary items. The children arenot given any change of clothes and com-44

monly wear rags. There have been recent reportsof a Hepatitis and Tuberculosis epidemicin the jail. The children have only amaximum of a single hour of exercise a day,which they still have to request. They canhave access to a small basketball hoop in theyard. Nonetheless, the children are allowedfive hours a day to walk freely around theblock and mix with the adult detainees.There are no mental stimuli of any kind providedto the children, who report being underfed.The daily food budget per child isPhP 30 or roughly USD 0.55 cents.Tarlac Provincial Jail: Has the highest standardsin all of the jails visited by the PREDAteam. It is a big, open-spaced prison. Thereis a large basketball court and open area surroundedby jail cells. It is clean, and quitecool. There is a constant supply of fresh water.The dining area has bench seating andis clean. The food is reported to be of a highstandard, with meat like pork served regularly.However, similarly to other jails, thefood budget is PhP 30 per prisoner per day.Health and sanitary conditions at the jail arereported by the minors to be high. All sickinmates are segregated from the others.Hence, there are no reports of any epidemics,skin problems etc. Children in the jail sharethe same cell, which measures approximately6 square meters. At the time of the visit,there were 4 boys in the jail, sharing thesame cell. Each detainee has a bed.However, the Team was informed that at onetime there were 13 minors in the same cell,meaning that some of the minors were forcedto sleep on the floor. Bedding is supplied tothe minors by the jail authorities. There is aCR facility in the corner of the minors’ cell.It is not of a very high standard, but wasfound to be clean on inspection, with no insectsor apparent foul odour. There is no educationalstimulus provided to thechildren apart from weekly Bible studies.The children are confined to their cells onlyin the evening. During the day, they are freeto mix with the adult prisoners and also toplay sport.Baguio City Jail: From outside appearances,the jail is quite small. Due to the use of basementcells, the jail is still large, withapproximately 160 prisoners detainedtherein. The jail is dilapidated and in greatneed of repair. There is a small basketballcourt in a square in the middle of the jail.The cells for are located in the basement, ina dank and unventilated area. Apparently thebasement cells were previously used as asolitary confinement area for adult prisoners.The steps down to the cell resemble steps to45

a dark dungeon. The lighting below is poor.Adjacent to the cells containing the childrenis another for convicted adults, with thechildren sleeping within 5 yards of them.Only bars separate them. The space providedfor the children is minimal. While most ofthem have bunk beds, the younger ones areforced to sleep on a large table, without anybedclothes or mattress provided. The childrenreported that apart from weekly biblestudies, there is no mental stimulus providedby the jail authorities. An NGO does providelimited amounts of education to the minorsfor two hours per day, three days a week. Theminors do get 4 hours each day for exercise.They reported that they spend time playingcards, and gambling with adult prisoners,however they do not admit to being given alcohol.The children are fed twice a day withlunch and dinner. In general, they did notcomplain about the food. Sanitary conditionsare reported to be passable. Toilet facilitiesare located outside the cells of the minors,and are basic but relatively clean and withouta foul odour. There is a constant supplyof fresh water. However, the dankness of thecells would suggest that virus and bacteriacould spread easily and constitute a gravehealth risk. As Baguio is quite cool even inthe summer, the children said that their cellrarely became unbearably hot.In Navotas jail (Metro Manila): Preda visitedthe site on 10 November 2004.Currently, there are 750 inmates, althoughthe available space can only accommodate200 persons. The children are mixed withadults. Thirty minors are detained with sixteenadults in cells sizing 15 by 25 meters.In another cell children are crowded in onearea, which has little ventilation and nospace for normal exercise, privacy, or anyform of human stimulation. The jail is builton a former swamp. The cells are floodedwith up to two feet of filthy water that carriesthe contents of household and prison septictanks, floating excrement is common atthese times. If it is high tide in the nearbyfishing port, the hundreds of inmatescrammed behind bars in suffocating humidconditions climb on shelves and stools toescape the rising waters. Like rats in a cagethey panic every time the floodwaters comesteadily in to the cells. Also the 22 or sochildren climb the bars and cling there forhours to escape the contaminated watersand the flotsam of human waste from floodedseptic tanks. But when the adult prisonerslocked in with them take all the stools theycan only hold on to the bars for so long.Exhausted then drop into the black slime.The cell beside the boys cell is so packedthat sleeping on the concrete floor is46

impossible all together. They have to take itin shifts to lie down. The heat and humidheat is unbearable and the only respite is anelectric fan. These are in short supply whenthere are 90 men crowded in a space good fortwenty. They are malnourished and havered blotches of skin diseases, which areprone to infection. Cholera and typhoid isanother deadly danger they all face besidestuberculosis and HIV-AIDS. The only foodallowance for is 50 cents a day, but the weakdo not get a fair share. 43Mandaluyong City Jail (Metro Manila): 873prisoners are detained in this prison althoughthe facilities are only good for 200 inmates.The jail consists of 5 cells of which one forminors, in which 37 children were detained.Guards restricted access to the prison.However, Preda reports that the conditionsseem similar to those of the above-describedjails. 44See Annex 1 for Sample Case StudiesDocumented by PREDA.for Assistance, Rehabilitation andEmpowerment (OCARE) was a project ofRichard and Kate Gordon. Olongapo Citywon the award for the most-child friendly cityof the Philippines in 2000 and 2002.In February 2003 Swedish student researchersvisited OCARE and interviewed18 street children in Olongapo City and describedinhuman and degrading conditionsof detention, particularly the existence of secretcells where children between 8 and 15were frequently locked up and mistreated.After the issue was highlighted in a report onthe Philippines to the Human RightsCommittee 45 , the Filipino government undertookaction to change the appalling situation.The cells were cleaned for severalmonths, no further detention of children wasreported. However the detention centre isnow in the Olongapo City Jail. This was analternative arrangement made by the city administrationOlongapo City by the thenSecret Cells for Children: Documented Case ofAbuses in a Government CentreEstablished in 1998, the Olongapo Centre4743 - From the Streets to the Jails, Street children victims ofprison torture, by Fr. Shay Cullend and Francis Bermido,Preda Foundation Philippines, November 2004.44 - From the Streets to the Jails, Street children victims ofprison torture, by Fr. Shay Cullen and Francis Bermido,Preda Foundation Philippines, November 2004.45 - State Violence in the Philippines. An alternative report tothe United Nations Human Rights Committee, OMCT,January 2004, p.95.

Mayor Katherine Gordon. On November 9 thPreda visited the Olongapo Jail Station A. On16 square meters ten minors are detainedand stated that they had not been abused.There is a toilet in the cell, but no beds.Hence, the children are forced to sleep onthe cement floor. The jail does not provide forany recreation for the children, no television,games, sports or exercise yard. They are in24 hours detention. The walls are dirty andthe jail is full of insects, but no mosquitoscreen is provided. The children are dependenton their relatives for food. No medicalcheck-up is available to the inmates. 46The situation is certainly not ideal but thechildren do not seem to be ill-treated.5.3. Children on Death RowBy virtue of Article 37 paragraph a) of theCRC which states that ; “neither capital punishmentnor life imprisonment without thepossibility of release shall be imposed for offencescommitted by persons below eighteenyears of age”, the Philippines is exemptedfrom instituting the death penalty against aminor. The death penalty was abolished in1987 but reintroduced in 1993, but itsimposition on children was explicitly prohibited.Section 22 of Republic Act (RA)No. 7659, which amended the Revised PenalCode in order to provide for the deathpenalty, stipulates that persons below the ageof 18 at the time the crime was committedcannot be subject to the death penalty. In addition,Article 68 of the Revised Penal Code,which sets out sentencing procedures foryouth offenders, also prohibits the deathpenalty for minors.A main discrepancy in the Filipino laws isthe absence of any provision, which requiresa formal ascertainment as to whether the suspectis below the age of 18. This is the mainreason for several children to have beenplaced on the death row. The problem stemsfrom the assumption by the police, court andsocial workers that most teens are over 18.Moreover, the concerned authorities rarelytake the time to track down the birth certificatesof impoverished children who areconvicted of capital offences like murder andrape and failure to raise the issue of minorityduring trial by either defence or prosecutionpresented evidence.46 - From the Streets to the Jails, Street children victims ofprison torture, by Fr. Shay Cullen and Francis Bermido,Preda Foundation Philippines, November 2004. 48

On 9 August 2004, acting Justice SecretaryMa. Merceditas Gutierrez visited the 6 youthoffenders sentenced to death and confined atthe Bilibid Prison in Muntinlupa City. Ma.Merceditas who is also Chair of the SpecialCommittee on the Protection of Children saidthat minors are exempted from capital punishment,but during the time of their trial thesix offenders have not presented any evidenceregarding their minority. The six weretransferred from the death row to the MediumSecurity Compound so they will not be mixedwith adults on death row. In addition, she assuredthat she will look into their case, butbefore the government can grant any executiveclemency, the decision of the courtmust become final. 47Although the latest developments indicatethat the situation of the 6 minors on the deathrow is about the change. OMCT urges thegovernment of the Republic of thePhilippines to take immediate action to removethe death sentence of the 6 minors currentlyon the death row. In addition, OMCTstrongly recommends the Filipino governmentto pass a law, which obliges authoritiesto formally inquire into the age of the subjectin order to prevent minors being placedon the death row in the future.4947 - http://www.doj.gov.ph/news_08-10-04.html

RECOMMENDATIONS1. Regarding the protection against tortureand other cruel, inhuman and degradingtreatment or punishment in thePhilippines:• OMCT recommends that theCommittee on the Rights of the Child askthe government of the Philippines to complywith its international obligationsunder the CAT and pass a law criminalizingtorture and particularly to providewith effective and heavier sentencewhen the victim is a person under 18years old.2. Regarding arbitrary executions, extrajudicialkillings and especially thenumerous cases of killings by the Davaand Digos Death Squads:• OMCT recommends that the Committeeon the Rights of the Child asks thegovernment of the Philippines to stop thearbitrary executions and to order a thoroughand impartial investigation into thecircumstances of these events in order tobring those responsible to trial and applythe penal and/or administrative sanctionsas provided by law.3. Regarding sexual exploitation:• Concerning the absence of determinedage of sexual consent, OMCT encouragesthe Philippines to engage a debate at alllevels in the society to discuss the age ofsexual consent in a sense that could helpto address the problem of sexual exploitation.• OMCT welcomes the initiatives takento tackle sexual exploitation, particularlyprogrammes ruled by children themselvesin order to make other childrensensitive to this matter. However, this remainsincomplete and OMCT recommendsthat the Committee on the Rightsof the Child ask the government of thePhilippines to adopt international andnational legislations whose purpose isto protect children from all forms ofviolence, such as commercial, sexualexploitation, child abuse and child trafficking.50

• OMCT also recommends that theCommittee on the Rights of the Child askthe government of the Philippines to effectivelyimplement the current legislationthat prohibits sexual exploitation,child prostitution and trafficking of childrenand to prosecute officials involvedin this crimes.• OMCT also recommends that theCommittee on the Rights of the Childasks the government of the Philippines tostrengthen the repression against paedophiles,particularly those from foreigncountries and also to provide materialand personal means to combat internetnetworks of paedophiles and pornographers.• OMCT recommends that the Committeeon the Rights of the Child ask thegovernment of the Philippines to activelyengage in the fight against the spread ofHIV/AIDS and set up specific programmesto sensitise children to the importanceof this issue, particularly byproviding for adequate sexual educationand promoting the use of condoms.4. Regarding children in situations ofarmed conflict:• OMCT recommends that theCommittee on the Rights of the Child askthe government of the Philippines to complywith Article 38 paragraph 4 of theCRC under which a State is under theobligation to ensure protection and careof children affected by armed conflict inaccordance with its duties under internationalhumanitarian law.• OMCT welcomes the efforts made bythe Philippines to comply with the internationalstandards with respect to legalprotection of children from militaryrecruitment and use but OMCT remainsconcerned by the use of under 18s byrebels armed groups and recommendsthat the Committee on the Rights of theChild ask the government of thePhilippines to develop a plan of actionconcerning this problem. In this regard,OMCT would like to remind theCommittee that educational and economicand social background is highlylinked with the recruitment of children inarmed opposition groups.51

5. Regarding minimum age of criminalresponsibility:• OMCT recommends that theCommittee on the Rights of the Childstrongly ask the government of thePhilippines to adopt the proposedComprehensive Juvenile Justice Bill(S.B. 1402), which raises the age of criminalresponsibility from 9 to 12 years oldand reforms the juvenile justice systemin order to follow the provisions laid downin the CRC;• and to clarify the wording “act with discernment”and ensure that it will be appliedconsistently by the judgesaccording to each particular case.6. Regarding the issue of children inconflict with the law, OMCT recommendsthat the Committee on the Rightsof the Child ask the government of thePhilippines to:• reform the legal frame ruling childrenin conflict with the law by clarifying thecurrent laws particularly the proceedingsand create a criminal system specific tochildren that will be a real juvenile justicesystem;• enable the effective access to legal assistancefrom the time of the arrest;• ensure that, where an accused claimsto be a child and objectively has the appearanceof a child, the burden of provingthe age of the accused is shift to theState. Such an accused should be treatedas a child unless/until his majority isproved;• ensure that child’s parents and theDepartment of Social Welfare andDevelopment have been informed within8 hours after the arrest;• ensure that the officer conducting thepreliminary examination ensures that thecontact details of the accused, includinghis place of detention, are sent to thePAO together with the subpoena and affidavitof complaint in the event the accusedchild cannot afford private legalrepresentation;• ensure that the arrested child is consistentlyinformed by an officer of the reasonof his or her arrest and possiblecustody and of his or her rights;• ensure that the arrested child has effectivelybeen delivered to the proper52

judicial authorities within the requiredtime limits and that his or her case hasbeen examined;• clarify children’s rights during policecustody, interrogation, for instance by settingdisallowed questions in the absenceof a social worker or legal counsel and tocreate a system that enables monitoringthe proper enforcement of the procedures- this could be easily controlled with thepresence of a legal counsel or socialworker from the beginning of the procedure(particularly during all post-arrestinterviews) and/or with the record by thearresting officer of each stages of the procedurefrom the arrest (inquiry about age,use of handcuffs, medical or physical examination,get in touch with the guardians,information about the rights, etc.).7. Regarding the deprivation of liberty,OMCT recommends that the Committeeon the Rights of the Child asks the governmentof the Philippines to:• ensure that pre-trial detention is onlyused as a measure of last resort or at leastfor very short periods of time in compliancewith international and national standards;• provide judicial personnel with trainingin order to sensitise them to consistentlyuse of the pre-trial detention andmake them aware of the principle of presumptionof innocence, including forchildren.• change PD No. 603 so as to also includechildren who turn 18 before convictionand hence can benefit from thesuspension of sentence provisions.• ensure that deprivation of liberty, particularlyas a sentence, is used as a measureof last resort and that no child isdetained with adult prisoners.• ensure that the procedure prescribingjudges to visit children in jail is consistentlyapplied; in this regard judges maybe replaced by trained social workers.• enforce the current legislation protectingfrom arbitrary detention.• establish additional holding centres forjuveniles in order to accommodate thenumber of children in conflict with thelaw and consequently prevent childrenbeing imprisoned with adults. The governmentshould create a strong incentive53

for the local governments to comply withPD No. 603, or centralize the provisionsof Youth Detention Homes and YouthRehabilitation Centres.8. Regarding the situation of childrenin the death row, OMCT recommendsthat the Committee on the Rights of theChild asks the government of thePhilippines to take immediate action toremove the death sentence of the minorscurrently on the death row. In addition,OMCT strongly recommends theFilipino government to pass a law whichobliges authorities to formally inquire intothe age of the subject in order to preventminors being placed on the death row inthe future.54

COMMITTEE ON THE RIGHTS OF THE CHILD39 th Session - Geneva, May 2005Concluding observationsof the Committeeon the Rights of the Child :the Philippines

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIESUNDER ARTICLE 44 OF THE CONVENTION ON THE RIGHTS OF THE CHILD1. The Committee considered the secondperiodic report of Philippines (CRC/C/65/Add.31) at its 1028th and 1029 thmeetings (see CRC/C/SR.1028 and1029) held on 18 May 2005, andadopted at the 1052nd meeting, held on3 June 2005, the following concludingobservations.A. Introduction2. The Committee welcomes the second periodicreport, which followed the establishedreporting guidelines, submittedby the State party, as well as the writtenreplies to its list of issues. TheCommittee is encouraged by the constructivedialogue it had with the Stateparty and acknowledges that the presenceof an inter-ministerial delegationinvolved in the implementation of theConvention allowed for a fuller assessmentof the situation of the rights of childrenin the State party.B. Follow-up measures undertakenand progress achieved by the Stateparty3. The Committee takes note of the adoptionduring recent years of several lawsaimed at protecting and promoting therights of children, inter alia:(a) The adoption, in 2003, of the Anti-Trafficking in Persons Act (Republic Act9208), which institutes policies to eliminatetrafficking in persons, in particularwomen and children, establishesinstitutional mechanisms for the protectionand support of trafficked persons,provides penalties for traffickers and alsoprohibits the recruitment, transport oradoption of children for engagement inarmed activities in the Philippines orabroad;(b) The adoption, in 2003, of theRepublic Act No. 9231, which amendsthe Special Protection of Childrenagainst Child Abuse, Exploitation and57

Discrimination Act (Republic Act No.7610) providing for the elimination ofthe worst forms of child labour and affordingstronger protection for the workingchild;(c) The adoption, in 2004, of theRepublic Act No. 9255, which allows illegitimatechildren to use the surnameof their father, amending the FamilyCode of the Philippines (article 176 ofExecutive Order No. 209);(d) The adoption, in 2004, of the Anti-Violence against Women and TheirChildren Act (Republic Act No. 9262)which defines violence against womenand their children, providing for protectivemeasures for victims and penaltiesfor the perpetrators of this violence;(e) The adoption of other legal or administrativemeasures to promote the implementationof the Convention, such asthe ratification of international conventionsand protocols referred tothroughout these concluding observations.C. Factors and difficultiesimpeding the implementation of theConvention4. The Committee acknowledges the particularnature of the geographical configurationof the State party, which iscomprised of over 7,100 islands, and thechallenges faced by the State party inimplementing adequate programmes andservices for children living in rural andremote areas of the country which are inmany instances isolated and very difficultto reach.5. The Committee also acknowledges thatthe natural disasters caused by tropicalstorms and several destructive typhoonsat the end of 2004 have devastated theinfrastructure of several provinces of thecountry giving rise to a growing numberof economic and social difficulties.Domestic instability caused by, interalia, political uncertainties and rebelmovements, has adversely impactedoverall human rights development in theState party.58

D. Principal subjects of concern andrecommendations1. General measures of implementationCommittee’s previous recommendations6. The Committee notes with satisfactionthat various concerns and recommendationsincluded in the concluding observations(CRC/C/15/Add.29) madeupon the consideration of the Stateparty’s initial report (CRC/C/3/Add. 23)have been addressed through legislativemeasures and policies. However, some ofthe concerns expressed and recommendationsmade by the Committee regarding,inter alia, the minimum age ofcriminal responsibility and sexual consent,discrimination against childrenborn out of wedlock, the lack of a comprehensivejuvenile justice system, thelack of a monitoring system for theConvention and the prohibition of torture,etc., have not been sufficiently addressed.7. The Committee urges the State party tomake every effort to address the recommendationsissued in the concludingobservations on the initial report thathave not yet been implemented and addressthe list of concerns contained inthe present concluding observations onthe second periodic report.Legislation8. The Committee takes note of the relativelyadvanced legal framework and itis encouraged by many legislative initiatives,new laws enacted and legislativeamendments adopted which aim tobetter protect and promote the rights ofthe child. The Committee is deeply concerned,however, about the insufficientimplementation of laws, particularly atthe local level. The Committee also notesthat domestic legislation does not fullyconform to all provisions and principlesof the Convention.9. The Committee recommends that theState party take all necessary measuresto ensure the full and effective implementationof its domestic laws in orderto better protect the rights of the childand harmonize its legislation fully withthe provisions and principles of theConvention, for example with regard to59

the existing minimum age of criminal responsibilityand children in conflict withthe law.National Plan of Action10. The Committee welcomes the launchingof a National Strategic Framework Planfor the Development of Children 2001-2025, known as Child 21, and the holisticapproach adopted to address childrights issues and related progress andshortcomings. The Committee is concernedthat the existing monitoringmechanisms are insufficient to monitorand evaluate the implementation of thePlan in a coherent way. Furthermore, theCommittee is concerned about the limitedawareness of the Plan and its objectivesat the local level.11. The Committee recommends that theState party take all necessary measures,inter alia, by providing adequate human,financial and technical resources,for the full implementation of theNational Strategic Framework Plan forthe Development of Children 2001-2025 and ensure a rights-based, open,consultative and participatory process forthe implementation of the Plan, payingparticular attention to the implementationof the Plan at the local level. In thisregard the Committee recommends thatthe State party fully support the NationalCouncil for the Welfare of Children byproviding it with the necessary resourcesto enable it to effectively coordinate theactivities related to the implementationof the Plan and monitor and evaluate thisimplementation process. In addition, theState party is urged to promote as muchas possible the establishment of localcouncils for the protection of children,particularly in the cities, municipalitiesand barangays (smallest unit of localgovernment), provided with adequate resourcesto be important instruments inthe implementation of the Plan, in particular,and the Convention on the Rightsof the Child, in general. TheCommittee also recommends that theState party seek technical assistancefrom, among others, the United NationsChildren’s Fund (UNICEF), in thecourse of the implementation process.Independent monitoring12. The Committee welcomes the establishmentof the Philippines Commission on60

Human Rights (PCHR) in 1997, withthe mandate to independently promoteand monitor the implementation of humanrights and notes that some otherbodies are also given a monitoring roleregarding the implementation of children’srights. The Committee acknowledgesPCHR’s activities regardingchildren’s rights, however is concernedat its limited mandate and resources.13. The Committee recommends to theState party, with reference to theCommittee’s general comment No. 2(2002) on the role of independent nationalhuman rights institutions in thepromotion and protection of the rights ofthe child, that it consider broadening themandate of PCHR regarding the monitoringof children’s rights and providingPCHR with adequate resources in orderto strengthen the investigation of individualcomplaints filed by children in achildsensitive manner.Allocation of resources14. The Committee notes the slight increasein budgetary allocations for children’ssocial services, the State party’s effortsto implement the 20/20 initiative forbudgeting and the priority given to lowincomefamilies and combatingpoverty, for example through the creationof a Poverty Alleviation Fund. TheCommittee also notes with deep concernthat the State party’s debt servicing takesup more than 30 per cent of its nationalbudget and that insufficient attention hasbeen paid to sufficient budgetary allocationsfor children and to article 4 ofthe Convention regarding budgetary allocationsto the implementation of theeconomic, social and cultural rights ofchildren to the maximum extent of availableresources.15. The Committee recommends that theState party strengthen its efforts to reduceits level of debt servicing in orderto, inter alia, allow an increase of budgetaryallocations to the realization ofchildren’s rights and, in particular, theimplementation of the economic, socialand cultural rights of children. In orderto be able to evaluate the impact of expenditureson children, the Committeerecommends that the State party establisha systematic assessment of the impactof budgetary allocations on theimplementation of children’s rights and61

identify the yearly budgetary amount andproportion spent on persons under 18years of age.Data collection16. The Committee welcomes the various effortsto improve data collection but it remainsconcerned that in some areascovered by the Convention, includingchildren with disabilities, migrant children,children living in extreme poverty,abused and neglected children, childrenwithin the justice system and childrenbelonging to minorities and indigenouschildren, data are lacking or insufficient.17. The Committee recommends that theState party strengthen its existing mechanismsfor data collection and developindicators consistent with theConvention and, where necessary, establishadditional mechanisms for datacollection, in order to ensure that dataare collected on all areas of theConvention and that these are disaggregated,inter alia, by age for all personsunder 18 years, gender, urban and ruralareas and by those groups of childrenwho are in need of special protection. Itfurther encourages the State party to usethese indicators and data to formulatepolicies and programmes for the effectiveimplementation of the Convention.Dissemination of the Convention18. The Committee notes with appreciationthe establishment of a Task Force forPopularizing the Convention and it is encouragedby the efforts of the State party,in collaboration with UNICEF, otherinternational agencies and national andinternational non-governmental organizations,in disseminating informationabout the principles and provisions ofthe Convention, for example throughpublications, broadcast media and thetraining of professionals. Nevertheless,the Committee is concerned that theConvention is not disseminated at alllevels of society. In addition, theCommittee notes that the training and retrainingof professionals working with,and for, children is not systematic butmore on an ad hoc basis.9. The Committee recommends that theState party continue to develop creativeand child-friendly methods of promoting62

the Convention. It further encourages theState party to raise awareness of theConvention among children and adultsin remote areas and to make theConvention available in at least themajor languages and as much as possiblein other indigenous and minoritylanguages. The Committee further recommendssystematic training of professionalgroups working with, and for,children, such as judges, lawyers, lawenforcement personnel, teachers,school administrators and health personnel.With regard to the disseminationof the Convention, the Committee alsorecommends that the State party seektechnical assistance from, among others,the Office of the United Nations HighCommissioner for Human Rights andUNICEF.2. General principlesNondiscrimination20. Notwithstanding the measures taken bythe State party to eliminate discriminationagainst children, inter alia, throughthe implementation of the provisions ofthe Child and Youth Welfare Code(Presidential Decree No. 603), theFamily Code and the SpecialProtection of Children against ChildAbuse, Exploitation and DiscriminationAct and several programmes, suchas the Third Elementary EducationProgramme, the Committee is concernedabout discrimination faced by many children,in particular children living inpoverty, children withdisabilities, indigenous and minoritychildren, including Muslim childrenliving in Mindanao, migrant children,street children and children living inrural areas as well as children living inareas of conflict, as regards their access,inter alia, to social and health servicesand education. The Committee is particularlyconcerned about the de factodiscrimination faced by girls in everydaylife, which is often multiple discriminationbased on their gender. TheCommittee finally reiterates its concernabout the unequal status of children bornout of wedlock, particularly with regardto their right to inherit and their discriminatoryclassification as “illegitimate”.21. In the light of article 2 of the Convention,the Committee recommends that the63

State party increase its efforts to ensureeffective implementation of existing lawsguaranteeing the principle of non-discriminationand adopt a proactive andcomprehensive strategy to eliminate allforms of discrimination, including formsof multiple discrimination, against allvulnerable groups of children. TheCommittee recommends that the Stateparty pay particular attention to theequal status and full enjoyment of allhuman rights and fundamental freedomsby girls. As regards children born out ofwedlock, the Committee requests theState party to review its domestic legislationin order to secure their right toequal treatment, including their rightto equal inheritance and abolish the discriminatoryclassification of those childrenas “illegitimate”.22. The Committee requests that specificinformation be included in the nextperiodic report on the measures and programmesrelevant to the Conventionon the Rights of the Child undertakenby the State party to follow up on theDurban Declaration and Programmeof Action adopted at the WorldConference against Racism, RacialDiscrimination, Xenophobia andRelated Intolerance and taking accountof the Committee’s general commentNo. 1 (2001) on the aims of education.Right to life23. The Committee expresses its serious concernabout violations of the right to lifeof children, inter alia, due to the internalarmed conflict. The alleged cases ofextrajudicial killings of children by militarysoldiers in Bulan, Sorsogon, in 2004and by so-called death squads in Davaoand Digos cities during recent years givecause for very serious concern.24. While noting that the provisions of theRevised Penal Code (Republic Act No.3815) and the Act to Impose the DeathPenalty on Certain Heinous Crimes,which amended the Revised Penal Code(Republic Act No. 7659), explicitly prohibitthe imposition of the death penaltyon persons below the age of 18 years atthe time the crime was committed, theCommittee expresses its deep concern atthe cases where children, that is personsbelow the age of 18, have been placed ondeath row without definite proof of theirage.64

25. The Committee also notes with concernthe deficiencies in the reporting systemof newborn deaths and stillbirths due tolimited access to civil registrars.26. Referring to article 6 and other relevantarticles of the Convention, theCommittee urges the State party to makeevery effort to reinforce protection of theright to life, survival and development ofall children, inter alia, by taking effectivemeasures to prevent extrajudicialkillings of children and to investigatethoroughly all alleged cases of killingand bring perpetrators to justice.27. The Committee also urges the State partyto take all necessary steps to prevent theexecution of children sentenced to deathand replace their death sentences withsanctions which are in compliance withthe Convention and the United NationsStandard Minimum Rules for theAdministration of Juvenile Justice (theBeijing Rules) (General Assembly resolution40/33). The State party shouldalso take immediate legislative and othermeasures to oblige authorities, such aspolice, prosecutors, defence, judges andsocial workers, to present evidence incourts regarding the precise age of anaccused person, or if failing to do so givea person the benefit of the doubt, in orderto ensure that persons under 18years of age are not sentenced to deathor another adult punishment.28. As regards reporting of newborn deathsand stillbirths, the Committee recommendsthat the State party facilitate accessto civil registrars, particularly in theremote areas of the country.Respect for the views of the child29. The Committee notes that some of theState party’s domestic laws, rules andregulations explicitly respect the consentand views of the child, for example in judicialand administrative proceedingsand that the State party has promoted theparticipation of children, inter alia,through the National Youth Parliament(Republic Act No. 8044) and studentcouncils. Despite these positive steps,the Committee is of the view that children’sright to participation and free expressionof their views is still limited inthe State party, partly due to traditionalattitudes in society.65

30. In the light of article 12 of theConvention, the Committee recommendsthat the State party:(a) Strengthen its efforts to promote,within the family, schools and other institutions,respect for the views of thechild and facilitate their interactive participationin all matters affecting them,inter alia, through children’s and youthcouncils, forums, parliaments, etc., whilepaying special attention to vulnerablegroups of children;(b) Undertake awareness-raisingcampaigns on children’s right to beheard and participate by encouragingchildren and their parents, caregiversand professionals working with and forchildren to seek and increase children’sopportunities to influence issues concerningthem.31. The Committee notes with appreciationthe activities of the child helpline“Bantay Bata 163”, which is an importantinstrument for children to expresstheir concerns and views and seekhelp and advice. However, theCommittee is concerned at the fact thatthe helpline is only accessible to childrenliving in the capital region and itsexpansion to the rural areas of the countrylacks core funding.32. The Committee recommends that theState party support the expansion of“Bantay Bata 163” child helpline bymaking it nationally accessible andtoll-free and providing it with adequatehuman, technical and financial resources.As regards awareness of thehelpline among children, theCommittee recommends that the Stateparty include information about thehelpline in its child-related programmes.3. Civil rights and freedomsBirth registration33. While noting the estimated increase inthe birth registration rate and the measurestaken by the State party in this respect,including the UnregisteredChildren Project conducted in collaborationwith PLAN International and theNational Statistics Office, theCommittee remains concerned at the dif-66

ficulties in ensuring timely birth registrationof children, in particular childrenbelonging to religious or other minoritygroups or indigenous peoples and childrenliving in the remote areas of thecountry and at the fact that birth registrationis not free of charge and notequally accessible to all parents in theentire territory of the State party. TheCommittee also expresses its concernabout the simulation of birth certificates.34. In order to secure the full enjoyment ofall human rights and fundamentalfreedoms by children and to achieve100 per cent birth registration, theCommittee recommends that the Stateparty strengthen its efforts to develop anefficient and at all stages free of chargebirth registration system, which coversits territory fully, including throughusing more effectively mobile birthregistration units to reach the mostremote areas of its territory. TheCommittee requests the State party topay particular attention to improvedaccess to an early birth registration forparents whose children were born out ofwedlock and parents belonging to religiousor other minorities or indigenouspeoples.35. The Committee recommends to the Stateparty that it introduce awareness-raisingcampaigns aimed at changing publicattitudes and sensitizing parents, maternityclinics and hospitals, midwivesand traditional birth attendants, in orderto achieve better birth registrationcoverage in the country. In addition, theCommittee recommends that the Stateparty deepen its cooperation with theinternational agencies and non-governmentalinstitutions in this respect. TheCommittee recommends that the Stateparty take effective measures againstsimulation of birth certificates, inter alia,by assigning a governmental body, suchas the Department of Social Welfare andDevelopment, to monitor the implementationof relevant provisions and fileall simulation cases. The Committee alsorecommends to the State party that itlaunch an information campaign, particularlyat the local level, on the child’sright to identity at birth and on growingup in a family.Name, nationality and identity36. With reference to the high number ofoverseas Philippine workers, the67

Committee is concerned about childrenborn abroad to Philippine migrant workers.Due to the non-registration of thesechildren, they are deprived of their rightto name, nationality and identity as wellas basic services.37. The Committee recommends to the Stateparty that it encourage and facilitate parents,irrespective of their residence status,to register their children bornabroad. The Committee also recommendsthat the State party ensure thatunregistered children without officialdocumentation are allowed access tobasic services, such as health and education,while waiting to be properly registered.In addition, the Committeerecommends to the State party that itraise awareness among parents about theneed and value of birth registration.Torture and other cruel, inhuman or degradingtreatment or punishment38. The Committee notes that theConstitution of the Philippines prohibitstorture and that the provisions of theChild and Youth Welfare Code(Presidential Decree No. 603) provideprotection for children against tortureand ill-treatment and that all hospitals,clinics, related institutions and privatephysicians are obliged to report in writingall cases of torture and ill-treatmentof children. Nevertheless, theCommittee is deeply concerned at anumber of reported cases of torture,inhuman and degrading treatment ofchildren, particularly for children in detention.The Committee reiterates its previousrecommendation on prohibitingand criminalizing torture by law and itis of the view that existing legislationdoes not provide children with an adequatelevel of protection against tortureand illtreatment.39. As regards torture and other cruel, inhumanor degrading treatment or punishment,the Committee urges the Stateparty to review its legislation in order toprovide children with better protectionagainst torture and ill-treatment in thehome and in all public and private institutionsand to criminalize torture bylaw. The Committee recommends thatthe State party investigate and prosecuteall cases of torture and ill-treatment ofchildren, ensuring that the abused childis not victimized in legal proceedings68

and that his/her privacy is protected. TheState party should ensure that child victimsare provided with appropriate servicesfor care, recovery andreintegration. The Committee recommendsthat the State party continue itsefforts in training professionals workingwith and for children, including teachers,law enforcement officials, careproviders, judges and health personnelin the identification, reporting and managementof cases of illtreatment.40. The Committee requests the State partyto include in its next periodic reportinformation about the number of cases oftorture, inhuman and/or degrading treatmentof children reported to the authoritiesor relevant agencies, thenumber of perpetrators of such acts whohave been sentenced by the courts andthe nature of these sentences.Corporal punishment41. While noting the State party’s efforts toprohibit the use of corporal punishmentin schools, prisons, institutions andforms of childcare by implementing variousrelevant provisions, the prevalenceof corporal punishment in society givescause for serious concern. TheCommittee is concerned that a provisionfor corporal punishment is not includedin the Child and Youth Welfare Code andregrets that corporal punishment in thehome is not explicitly prohibited by law.42. In the light of its general commentNo. 1 (2001) on the aims of educationand the recommendations adopted bythe Committee on its day of generaldiscussion on violence against childrenwithin the family and in schools (seeCRC/C/111), the Committee reiteratesthat corporal punishment is not compatiblewith the provisions of theConvention and it is inconsistent withthe requirement of respect for the child’sdignity, as specifically required by article28, paragraph 2, of the Convention.Therefore, the Committee recommendsthat the State party prohibit by law allforms of corporal punishment in thehome, in schools and in private and publicinstitutions, in the juvenile justicesystem and the alternative care system.43. The Committee recommends to the Stateparty that it conduct a comprehensivestudy to assess the nature and extent69

of corporal punishment in differentsettings, including the home environment.Furthermore, the Committee recommendsthat the State party sensitizeand educate parents, guardians and professionalsworking with and for childrenby carrying out public education campaignsabout the harmful impact ofviolent forms of “discipline” and promotepositive, non-violent forms of disciplineas an alternative to corporalpunishment.4. Family environment and alternativecareParental responsibilities44. As regards parental responsibilities forthe upbringing and development of thechild, the Committee is concerned aboutmany Philippine children living withloose family ties due to the fact that atleast one parent is working overseas.45. The Committee calls for effective implementationof the Act to Institutethe Policies of Overseas Employmentand Establish a Higher Standard ofProtection and Promotion of the Welfareof Migrant Workers, Their Families andOverseas Filipinos in Distress, and forOther Purposes (Republic Act No. 8042)and recommends to the State party thatit take all necessary measures to ensurethat overseas Philippine workers, equallywomen and men, are able to meet theirparental responsibilities, includingthrough concluding bilateral agreementswith the countries of destination, andfacilitate family reunification and astable family environment for the upbringingof children. In addition, theCommittee recommends that the Stateparty continue its efforts to develop andprovide child-sensitive family counsellingservices for overseasPhilippine workers and their children.Recovery of maintenance46. While noting the high number ofPhilippine children with a parent or bothparents working overseas, the increasingnumber of Philippine children bornabroad during overseas migration andthe cases where paternity has not beenestablished, the Committee is concernedthat the State party has not sufficientlyensured the recovery of maintenance in70

practice. The Committee is concernedabout the insufficient implementation ofdomestic laws, for example the relevantprovisions of the Family Code and theSpecial Protection of Children againstChild Abuse, Exploitation andDiscrimination Act, and the enforcementof court orders in this respect. In addition,the Committee is concerned at theactual implementation of, and in somecases, the absence of bilateral agreementsfor reciprocal enforcement ofmaintenance orders.47. The Committee recommends that theState party secure in practice the recoveryof maintenance for the child.As regards parent(s) working abroad,the Committee encourages the Stateparty to conclude bilateral agreementsfor reciprocal enforcement of maintenanceorders and consider establishinga fund to secure the payment of maintenancein those cases where the recoveryof maintenance fails.Foster care and adoption48. The Committee welcomes the ratificationby the State party of the HagueConvention on Protection of Childrenand Cooperation in Respect ofIntercountry Adoption and notes withappreciation the provisions of theIntercountry Adoption Law (RepublicAct No. 8043) and the DomesticAdoption Law (Republic Act No. 8552).The Committee takes note with concernthat the Government bill on the FosterCare Act has been pending in Congressfor several years. The Committee is concernedthat the lengthy process ofdeclaring a child for adoptionresults in a prolonged stay in an institution.The Committee also notes withconcern that intercountry adoption is notused as a last resort.49. The Committee recommends that theState party make every effort to ensurethat all adoptions fully comply withthe principles and provisions of theConvention as well as with other relevantinternational standards and are conductedin the best interests ofthe child and that intercountry adoptionis used as a last resort. The Committeeencourages the State party to adopt andimplement as a matter of priority theFoster Care Act. The Committee recommendsto the State party that it identify71

the factors in the adoption process whichresult in children’s prolonged stay in institutions.Furthermore, the Committeerecommends that the State party providefoster parents and foster children withadequate psychosocial services.Abuse and neglect, mistreatment, violence50. The Committee is deeply concernedabout the increasing reports of cases ofchild abuse and neglect in the Stateparty and the notable deficiencies in thedomestic legislation as regards penalizingall forms of abuse, neglect and mistreatment,including sexual abuse. Inaddition, the Committee deeply regretsthe alleged cases of sexual abuse of childrenin the framework of religious institutions.51. The Committee urges the State party toreview its domestic legislation in orderto penalize all forms of abuse, includingsexual abuse, neglect, mistreatment andviolence against children and to clearlydefine these crimes against children,including incest. The Committee recommendsto the State party that it takeeffective measures to prevent and protectchildren from sexual abuse and exploitationin the framework of religiousinstitutions, including by investigatingthe magnitude of such cases and by ensuringthat the perpetrators of suchabuse are brought to justice and that officialsof religious institutions are heldaccountable in these cases of sexualabuse and the exploitation of minors.52. The Committee urges the State party toconduct timely and adequate investigationsof all cases of child abuse andviolence with full practice of the rightsof the child victim in legal proceedings,for example by allowing videotapedevidence, in order to bring perpetratorsto justice and to ensure that child victimsof violence and abuse have accessto adequate counselling and multidisciplinaryassistance with recovery andreintegration.Children in prison with their mothers53. As regards children living in prison withtheir mothers, the Committee is concernedabout access to adequate socialand health services for these childrenand particularly, about their living con-72

ditions, which are often poor and fallshort of international standards.54. The Committee recommends that theState party ensure that living conditionsand health services in prison are adequatefor the child’s early developmentin accordance with article 27 of theConvention and that the principle of thebest interests of the child (article 3 ofthe Convention) is carefully and independentlyconsidered by competentchild professionals prior to and duringtheir stays with their detained mothers.The Committee recommends that alternativecare for those children who areseparated from their mothers in prisonbe regularly reviewed ensuring that thephysical and mental needs of childrenare appropriately met. Furthermore, theCommittee recommends that the Stateparty ensure that alternative care allowsthe child to maintain personal relationsand direct contact with the mother whoremains in prison. The Committee encouragesthe State party to seek assistancefrom, among others, UNICEF andother United Nations bodies in this regard.5. Basic health and welfareChildren with disabilities55. Welcoming the State party’s efforts toeliminate discrimination against childrenwith disabilities and to promotetheir integration into society with equalopportunities, inter alia, by implementingthe Programme on Community-basedRehabilitation, the Committee is concernedabout the de facto discriminationfaced by children with disabilitiesand their invisible role in society. TheCommittee notes with concern the inadequateimplementation of domesticdisability legislation, for example, theMagna Charta for Disabled Persons(Republic Act No. 7277 enacted in1992) and the relevant provisions of theChild and Youth Welfare Code, particularlyat the local level. The Committee isconcerned that many children with disabilitieslive in poverty and their accessto social and health services and educationis limited. Furthermore, deeplyrooted misbeliefs and prevailing prejudicesagainst children with disabilitiesin Philippine society give cause for concern.73

56. In the light of the United NationsStandard Rules on the Equalization ofOpportunities for Persons withDisabilities (General Assembly resolution48/96) and the recommendationsadopted by the Committee on its day ofgeneral discussion on the rights of childrenwith disabilities (see CRC/C/69),the Committee recommends that theState party take all necessary measuresto:(a) Prevent and prohibit all forms of discriminationagainst children with disabilitiesand ensure equalopportunities for their full participationin all spheres of life by implementingthe domestic disability legislation andthe national Community-based RehabilitationProgramme and by includingdisability aspects in all relevant policymakingand national planning;(b) Collect adequate statistical data onchildren with disabilities and use suchdisaggregated data in developing policiesand programmes to promote theirequal opportunities in society payingparticular attention to children with disabilitiesliving in the most remote areasof the country;(c) Ensure that public education policyand school curricula reflect in all theiraspects the principle of full participationand equality and include children withdisabilities in the mainstream schoolsystem to the extent possible and, wherenecessary, establish special educationprogrammes tailored to their specialneeds;(d) Provide children with disabilitieswith access to adequate social andhealth services and the physical environment,information and communication;(e) Strengthen its efforts to raise awarenesson children with disabilities, includingtheir rights, special needsand potential, in order to change negativeattitudes, misbeliefs and prevailingprejudices against children with disabilitiesby initiating and supportingpublic information campaigns;(f) Ensure that professionals workingwith and for children with disabilities,such as medical, paramedical andrelated personnel, teachers and socialworkers are adequately trained;74

(g) Strengthen the functioning and activitiesof the National Council on theWelfare of Disabled Persons and cooperationwith the National Federationof Organizations of Persons withDisabilities in the Philippines and thenon-governmental organizations workingin the field of disability issues;(h) Seek technical cooperation with,among others, UNICEF and the WorldHealth Organization (WHO).57. Furthermore, the Committee encouragesthe State party to pay particular attentionto the rights and status of childrenwith disabilities in the context of thePhilippine Decade of Persons withDisabilities 2003-2012 declared byPresidential Proclamation No. 240 in2003.Health and health services58. The Committee is encouraged by theprogress achieved by the State party inthe field of health and health services,particularly with regard to immunization,such as polio eradication and the eliminationof neonatal tetanus and it noteswith appreciation the Health SectorReform Agenda. Noting that 8 out of 10births in rural areas are delivered withoutprofessional health facilities andthat infant, under-five and maternalmortality rates are relatively high, theCommittee expresses its deep concernabout insufficient prenatal and postnatalhealth care, particularly in therural areas of the country. The low prevalenceof breastfeeding, malnutritionamong children, including micronutrientmalnutrition problems among schoolchildrenand in general, children’s limitedaccess to quality health servicesin the remote areas of the country givecause for serious concern. TheCommittee finally expresses its concernat the risk that free trade agreementscurrently being negotiated with othercountries may negatively affect access toaffordable medicines.59. The Committee recommends that theState party:(a) Adopt necessary legislative, administrativeand budgetary measures inorder to fully implement the HealthSector Reform Agenda and ensure thatthe reform process is carried out by giv-75

ing primary consideration to the best interestsof the child and to the full enjoymentof their rights;(b) Ensure that appropriate resourcesare allocated for the health sector anddevelop and implement comprehensivepolicies and programmes for improvingthe health situation of children, so as tofully implement the Convention, in particulararticles 4, 6 and 24;(c) Implement measures to guaranteeaccess to quality prenatal and postnatalhealth services and facilities,including training programmes for midwivesand traditional birth attendants, bypaying particular attention to the ruralareas of the country;(d) Take all necessary measures tolower infant, under-five and maternalmortality rates;(e) Strengthen existing efforts to immunizeas many children and mothers aspossible by effectively implementing immunizationprogrammes;(f) Encourage exclusive breastfeedingfor six months after birth with modificationsfor an appropriate infant dietthereafter and take measures to improvethe nutritional status of children througheducation and promotion of healthy feedingpractices;(g) Make use in the negotiations of freetrade agreements of all the flexibilitiesreaffirmed by the Declaration on theAgreement on Trade-related Aspectsof Intellectual Property Rights andPublic Health adopted at the FourthMinisterial Conference of the WorldTrade Organization in Doha and themechanisms at its disposal to ensureaccess to affordable medicines in particularfor the poor and most vulnerablechildren and their parents;(h) Continue to cooperate and seektechnical assistance in this matter with,inter alia, WHO, UNICEF and theUnited Nations Population Fund(UNFPA).Environmental health60. The Committee is concerned, despite thelegislative and other measures taken bythe State party, about environmental76

problems, such as air and water pollutionand environmental degradationwhich have serious consequencesfor children’s health and development.As regards access to safe drinkingwater and sanitation, the Committee isconcerned about the regional disparities.Furthermore, poor knowledge of hygienicpractices both among children and theirparents give cause for concern.61. The Committee recommends that theState party:(a) Continue to strengthen its efforts toreduce pollution and environmentaldegradation by strengthening theimplementation of domestic environmentallaws, including Ecological SolidWaste Management Act (Republic ActNo. 9003) and the Clean Air Act(Republic Act No. 8749);(b) Increase children’s knowledge of environmentalhealth issues by introducingenvironmental health educationprogrammes in schools;(c) Take effective measures to improveaccess to safe drinking water and sanitationfacilities, particularly in theremote areas of the country, as well asraise awareness on hygiene among childrenand their parents.Adolescent health62. The Committee notes with appreciationthe State party’s efforts to promote adolescenthealth, including through implementationof the Reproductive HealthProgramme and a joint project on adolescenthealth in collaboration with thePopulation Commission and UNFPA.The Committee is concerned about alcohol,tobacco and drug abuse amongadolescents, early pregnancies and inthis respect adolescents’ limited accessto reproductive health counselling andaccurate and objective informationabout, for example contraception. Thelack of legislation establishing a minimumage for purchasing and consumingalcohol gives cause for concern. TheCommittee also shares the State party’sconcern about the lack of measures toprevent suicide among adolescents.63. The Committee recommends to the Stateparty that it:77

(a) Implement national policies andplans on adolescent health, such as theReproductive Health Programme anddevelop new policies and plans to coverall fields of adolescent health by takinginto account general comment No. 4(2003) on adolescent health and development;(b) Ensure access to reproductivehealth counselling and provide all adolescentswith accurate and objective informationand services in order toprevent teenage pregnancies and relatedabortions;(c) Strengthen formal and informal educationon sexuality, HIV/AIDS, sexuallytransmitted diseases and family planning;(d) Establish by law the minimum agefor purchasing and consuming alcohol;(e) Provide adolescents with informationon the harmful consequences of alcohol,drug and tobacco use;(f) Establish adequate mental healthservices tailored for adolescents;(g) Seek technical cooperation with,among others, WHO, the Joint UnitedNations Programme on HIV/AIDS andUNFPA.HIV/AIDS64. The Committee notes the relatively lowHIV prevalence rate in the country andwelcomes the various efforts being madeto address the prevention of transmissionand the reduction of HIV/AIDS, includingthrough the implementation ofthe AIDS Prevention and Control Act(Republic Act No. 8504), adopted in1998, and the establishment of theNational AIDS Prevention and ControlProgramme in 1998, the Committee isconcerned about the presence of riskfactors predisposing HIV-infection, suchas the high number of sex workers.While noting that the AIDS Preventionand Control Act guarantees access tocomplete HIV/AIDS information inschools, the Committee expresses itsconcern about the inadequate level ofHIV/AIDS awareness amongPhilippine adolescents.65. In the light of the Committee’s general78

comment No. 3 (2003) on HIV/AIDSand the rights of the child and theInternational Guidelines on HIV/AIDSand Human Rights (E/CN.4/1997/37),the Committee recommends that theState party continue to:(a) Strengthen its efforts to implementthe AIDS Prevention and Control Act inorder to prevent and treat the effects ofHIV/AIDS;(b) Prevent discrimination against childreninfected with and affected byHIV/AIDS, for example by implementingthe Philippine AIDS Prevention andControl Act of 1998 prohibiting any formof discriminatory act, and ensure thesechildren have access to adequate socialand health services;(c) Provide adolescents with accurateand comprehensive information aboutHIV/AIDS, including condom use, inschools;(d) Ensure access to child-sensitiveand confidential HIV/AIDS counsellingwithout parental consent when requiredby a child;(e) Seek technical assistance from,among others, the Joint United NationsProgramme on HIV/AIDS.Standard of living66. The Committee notes with concern thehigh number of children living in householdsbelow the national poverty line andthe wide disparities in wealth betweendifferent regions. The Committee isdeeply concerned about difficulties facedby children living in poverty, as to theenjoyment of their human rights, includingaccess to social and health servicesand education. The Committee isalso concerned about the poor housingsituation in the State party and familiesliving, for example in urban slums andsquatter communities without adequateinfrastructure.67. In accordance with article 27 of theConvention, the Committee recommendsthat the State party take urgent efforts toraise the standard of living among its ruraland urban population living inpoverty, inter alia, through implementinga poverty reduction strategy andcommunity development, including the79

participation of children. TheCommittee requests the State party to increaseits efforts to provide material assistanceand support to economicallydisadvantaged children and their families.Moreover, the State party should ensurethat children living in poverty areprovided with access to social and healthservices, education and adequate housing.6. Education, leisure and cultural activitiesEducation68. The Committee takes note of the Stateparty’s efforts to improve the standardand aims of education, including by implementingthe new school curriculafor elementary and secondary schools,and the curriculum for early childhood,the Education for All Programme ofAction and the Child-friendly SchoolSystem, in collaboration with UNICEF.Notwithstanding these positive stepstaken, the Committee remains gravelyconcerned that there still remainbarangays which are not able to providechildren with elementary education andthere are several vulnerable groups ofchildren, such as children living inpoverty, children with disabilities, childlabourers, children in armed conflict, indigenouschildren, children infectedwith, or affected by, HIV/AIDS and streetchildren, without equal access to elementaryeducation. The Committee isconcerned that the costs of schooling,such as meals, transportation, schooluniforms and supplies, cause financialobstacles to many children from poorfamilies and deny their equal access toeducation. The high rate of children notcompleting primary education givescause for serious concern as well as thehigh drop-out rates in secondary education.The Committee also notes a lownumber of children enjoying early learningin preschools.69. The Committee is encouraged by theState party’s efforts to promote indigenous,minority and local languagesin education including, inter alia,through the Lingua Franca Project. TheCommittee is concerned about poorschooling facilities, particularly in theremote barangays, including the insufficientnumber of classroom seats, text-80

ooks and other schooling supplies. Itreiterates its concern about the low rateof enrolment in secondary education andthat children living in the remotebarangays have very limited access tosecondary education. The Committeenotes with appreciation that the Stateparty has made intense efforts to improvethe quality of education by increasingthe time spent on task and teachingmethods that encourage children’s participation.It also welcomes the expansionand improvement of pre-service andin-service teacher training. TheCommittee also recognizes the attemptsto regularly monitor and evaluate thequality of education.70. In the light of articles 28 and 29 of theConvention and the Committee’s generalcomment No. 1 (2001) on the aims ofeducation, the Committee recommendsthat the State party allocate adequate financial,human and technical resourcesin order to:(a) Increase budgetary allocations, governmentalsubsidies and assistance programmesfor children from low-incomefamilies in order to secure their equalaccess to education of all levels;(b) Urgently take all necessary measuresto ensure universal and free primaryeducation for all and pay particularattention to the schooling opportunitiesin the most remote barangays and to theeducational needs of children belongingto vulnerable groups, such as childrenliving in poverty, children with disabilities,indigenous children, childlabourers, children in armed conflict,children infected with or affected byHIV/AIDS and street children, in orderto fulfil their right to education;(c) Adopt effective measures torapidly decrease the drop-out rate in primaryand secondary school;(d) Provide access to early childhoodeducation for every child making it affordablefor poor families and raiseawareness of the benefits of preschoolsand early-learning opportunitiesamong parents;(e) Develop and upgrade the infrastructureof the educational system bybuilding new schools and classrooms,developing textbooks and other schoolsupplies, enhancing teacher training andadopting innovative and interactive81

learning methods tailored for childrenwith different learning prerequisites;(f) Provide indigenous children andchildren belonging to minority groupswith equal access to quality educationwhich respects their distinct culturalpatterns and uses local indigenous andminority languages in educationthrough, inter alia, the Lingua FrancaProject;(g) Continue its efforts to offer more facilitiesfor informal learning and vocationaltraining, including for childrenwho have not completed primary andsecondary education;(h) Continue its efforts to reduce thenumber of dropouts and increase thenumber of children completing secondaryeducation;(i) Establish vocational schools thatsystematically prepare children in schoolfor the requirements of the labour marketand civic responsibilities;(j) Mainstream human rights, includingchildren’s rights, into the school curricula;(k) Cooperate with, among others, UN-ESCO, UNICEF and non-governmentalorganizations to improve the educationsector;(l) Continue to expand pre-service andinservice teacher training.Leisure, recreation and cultural activities71. Notwithstanding the State party’s effortsto develop and organize sports andcultural activities for children, theCommittee notes with concern the insufficientnumber of recreational andcultural activities and facilities for childrenand the discrepancies betweenbarangays in this respect. TheCommittee is concerned that there areseveral groups of children, such as childrennot involved in primary education,child labourers and street children, whoneither have equal right to enjoy theirright to rest and leisure nor to engage inplay, sport, recreational and cultural activities.72. In the light of article 31 of theConvention, the Committee recommendsthat the State party make all necessary82

efforts to protect the right of the child torest, leisure, cultural and recreationalactivities. The Committee recommendsthat the State party strengthen its effortsto promote the right of the child to engagein play by providing children withcreative play facilities. It requests the allocationof adequate human and financialresources to the implementation ofthis right and the payment of particularattention to vulnerable groups of children,such as children outside of the educationalsystem, child labourers andstreet children.7. Special protection measuresRefugee children73. Notwithstanding the fact that the treatmentof refugee children and the implementationof their rights have beenviewed in the light of laws generally applicableto Philippine children, theCommittee is concerned about the lackof domestic legislation addressing thespecific needs of asylum-seeking andrefugee children. The Committee notesthat, for example, the provisions of theSpecial Protection of Children againstChild Abuse, Exploitation andDiscrimination Act on children in emergencysituations are limited to childrenin situations of armed conflict.74. The Committee recommends to the Stateparty that it introduce specific laws andadministrative regulations that addressthe needs of asylum-seeking and refugeechildren and provide unaccompaniedand separated asylum-seeking andrefugee children with special procedures.In this respect, the Committeerecommends that the State party continueits cooperation with UNHCR.Children in armed conflict75. The Committee welcomes the ratificationof the Optional Protocol to theConvention on the Rights of the Child onthe involvement of children in armedconflict by the State party in August2003 and the setting of minimum age of18 years for recruitment into the nationalArmed Forces, however, with exceptionfor training purposes. The Committeealso takes note with appreciation ofthe adoption of a Comprehensive83

Programme Framework for Children inArmed Conflict of 2001 (PresidentialExecutive Order No. 56) which promotesrescue, recovery and reintegration ofchildren involved in armed conflict.Notwithstanding these positive stepstaken by the State party, theCommittee expresses its deep concernabout children, sometimes as young as11 years old, being recruited by armedrebel movements, such as the NewPeople’s Army, the Moro IslamicLiberation Front, and the Abu SayyafGroup, to serve as combatants, spies,guards, cooks or medics.76. The Committee is concerned that theState party is able to provide only the arrestedchild soldiers with physical andpsychological recovery and social reintegrationservices, but the majority ofchildren involved in and affected byarmed conflict is never reached.Furthermore, the Committee is concernedabout the continuing displacementof children and their limited accessto social and health services, educationand, above all, to development due to theadverse effects of internal armed conflict.In addition, the Committee is concernedat the impact of internal armed conflicton children not involved in hostilities,particularly Muslim children living inthe Mindanao region.77. The Committee recalls that the Stateparty has undertaken to respect and ensureall the rights set forth in theConvention for all children within its jurisdictionat all times. In the light of articles38, 39 and other relevant articlesof the Convention, the Committee urgesthe State party to continue its peace effortswith armed rebel movements in orderto urge them to immediately ceasethe recruitment for and involvement ofchildren in armed conflicts, and to ensureprotection of all children who havebeen involved in armed conflict. TheCommittee recommends to the Stateparty that it provide children involved inand traumatized by armed conflict withadequate assistance and counselling fortheir physical and psychological recoveryand social reintegration into societyin cooperation with national and internationalnon-governmental organizationsand United Nations bodies, such asUNICEF. The Committee recommendsthat the State party provide girl child soldierswith adequate gender-specific rehabilitationand reintegration services.84

78. The Committee also recommends thatthe State party pay particular attention to theimplementation of guidelines forPhilippine Armed Forces on the treatment ofchildren in armed conflict and ensure thatchildren who are arrested are released frommilitary custody within the prescribed timelimits and that children are provided with adequatemedical treatment and informedabout their rights. As regards displaced childrenand children living in conflict areas, theCommittee urges the State party to take effectivemeasures to secure their access to basicservices, including adequate social andhealth services and education and development.Finally, the Committee recommendsthat the State party ensure that all childrenliving in areas affected by armed hostilitiesenjoy their human rights on equal footingwithout any discrimination.Economic exploitation79. The Committee welcomes the ratificationof the Minimum Age Convention, 1973(No. 138) in June 1998 and the WorstForms of Child Labour Convention, 1999(No. 182) in November 2000. TheCommittee notes with appreciation theState party’s efforts to combat childlabour, for example through implementingthe National Programme againstChild Labour, the Omnibus Rules implementingthe Labour Code, the establishmentof local-level ProgrammeImplementation Committees on ChildLabour and the fruitful cooperation withthe International Labour Organizationand its International Programme on theElimination of Child Labour. Despitethese positive efforts, the Committee isdeeply concerned at the high number ofchild workers (3.7 million working children)in the State party. TheCommittee is concerned about culturalattitudes and practices as regards childlabour and the weak enforcement oflabour laws.80. The Committee recommends to the Stateparty that it:(a) Effectively implement its domesticlabour laws and the NationalProgramme against Child Labour as wellas its subprogrammes, for example theElimination of Child Labour in theTobacco Industry Project and ensure thatchild workers participate in discussionsabout the solution to this problem;85

(b) Improve the labour inspection systemin order to safeguard that work performedby children is light work and notexploitative and, in particular, empowerthe system to monitor and report on thepractice of domestic and rural labour bychildren;(c) Provide former child workers withappropriate recovery and educational opportunities;(d) Continue to seek technical assistancefrom the International LabourOrganization/International Programmeon the Elimination of Child Labour.Drug and substance abuse81. While noting the State party’s efforts tocombat drug trafficking and drugand substance abuse, inter alia, throughimplementing the ComprehensiveDangerous Drugs Act of 2002(Republic Act No. 9165), and the increasednumber of treatment and socialreintegration services for children, theCommittee is deeply concerned at themassive narcotic trade in thePhilippines and its adverse effects onchildren and adolescents. It shares theState party’s concern about the highincidence of drug and substance abuse,including glue and solvent sniffingamong street children. Furthermore, theCommittee is concerned about the factthat children, who voluntarily seek treatmentin drug recovery and reintegrationcentres, are often asked to pay for treatmentcausing insurmountable obstaclesto children of limited means and denyingtheir access to treatment and reintegration.82. The Committee recommends that theState party continue to strengthen its effortsto:(a) Combat drug and substance abuseamong children and adolescents, forexample by effectively implementingthe Comprehensive Dangerous DrugsAct of 2002 and secure due process ofthe law;(b) Provide children and adolescentswith accurate and objective informationabout drug and substance use, includinghard drugs, glue and solvent sniffing,through public school programmes andmedia campaigns and protect children86

from harmful misinformation and models;(c) Develop free and easily accessibledrug abuse treatment and social reintegrationservices for children who are victimsof drug and substance abuse;(d) Tailor specific drug abuse, includingglue and solvent sniffing, recovery andsocial reintegration programmes andcentres for street children and cooperatewith non-governmental organizations inthis respect;(e) Allocate adequate budgetaryfunds to existing drug recovery and reintegrationcentres;(f) Seek technical assistance from,among others, the United Nations Officeon Drugs and Crime and WHO.Street children83. The Committee reiterates its grave concernat the high number of children livingin the streets and their specialvulnerability to various forms of violenceand abuse, including sexual abuse andexploitation, economic exploitation andsubstance abuse. The Committee notesthe lack of a systematic and comprehensivestrategy to address the situationand protect children living in thestreets. The Committee emphasizes thatunlawful arrest and detention of streetchildren are serious violations of theprovisions and principles of theConvention. Notwithstanding the effortstaken by the State party and, in particular,many non-governmental organizationsworking with and for streetchildren, for example Child Hope AsiaPhilippines, the Committee is concernedabout street children’s limited access toadequate nutrition, clothing, housing, socialand health services and education.Furthermore, the Committee is concernedabout health risks faced by streetchildren, including environmentalhealth risks, such as toxic and hazardouswastes and air pollution.84. The Committee recommends that theState party:(a) Develop a comprehensive strategywith active participation of street children,non-governmental organizationsand relevant professionals to address the87

high number of street children, with theaim of reducing and preventing this phenomenon;(b) Ensure that children living in thestreets are not unlawfully arrested anddetained, protect them from police brutalityand where needed, secure their accessto adequate legal services;(c) Ensure that street children arereached through trained street educatorsand counsellors and provided with adequatenutrition, clothing and shelter aswell as with social and health servicesand educational opportunities, includingvocational and life skills training, in orderto support their full development andprovide them with adequate protectionand assistance;(d) Provide street children with adequaterecovery and social reintegration servicesfor physical, sexual and substanceabuse and promote reunification withtheir families, when feasible;(e) Reduce and prevent the environmentalhealth risks faced by childrenliving in the streets, inter alia, throughraising awareness about environmentalhealth risks among these children andinstructing appropriate behaviourswhich protect them from these risks;(f) Support the efforts of street childrento organize themselves in order to enhancetheir selfesteem;(g) Collaborate with and support nongovernmentalorganizations working withand for street children.Sexual exploitation, child pornography andtrafficking85. The Committee expresses its grave concernabout the sexual exploitation ofchildren, including growing child prostitution,and the reported cases of childpornography in the State party. TheCommittee notes with concern that theprovisions of the Special Protection ofChildren against Child Abuse,Exploitation and Discrimination Act aremainly related to child prostitution anddo not adequately protect victims ofother forms of sexual exploitation.Furthermore, the Committee notes withconcern that the minimum age of sexualconsent is not clearly enough established88

in the State party’s domestic legislationand that the Revised Penal Code(Republic Act No. 3815) imposes maximumpenalties for sexual offences whenthe victim is under 12 years of age butimposes lower penalties for sexual offencesagainst minors over 12 years ofage.86. The Committee welcomes the adoptionof, in 2003, the new Anti-Trafficking inPersons law and other measures taken bythe State party in the areas of preventionof trafficking and protection of victims,such as the establishment of Anti-IllegalRecruitment Coordination Councils, theTrade Union Child Labour Advocate initiativeand the establishment of anExecutive Council to suppress traffickingin persons particularly women andchildren. But the Committee is gravelyconcerned about trafficked Philippinechildren both within the country andacross borders. The Committee expressesits concern about existing riskfactors contributing to trafficking activities,such as persistent poverty, temporaryoverseas migration, growing sextourism and weak law enforcement in theState party.87. The Committee urges the State party to:(a) Review its domestic laws on the protectionof children against sexualexploitation, including the use of childrenfor pornography, in order to provideall child victims of such exploitation withequal protection, inter alia, by includingin the law equal sanctions to all perpetratorsof sexual offences against children;(b) Set a clearly defined minimum age ofsexual consent at an internationally acceptablelevel in its domestic law;(c) Conduct a comprehensive study toassess the causes, nature and extent ofcommercial sexual exploitation and traffickingof children;(d) Provide adequate programmes of assistanceand reintegration for sexuallyexploited and/or trafficked children inaccordance with the Declaration andAgenda for Action and the GlobalCommitment adopted at the First andSecond World Congresses againstCommercial Sexual Exploitation ofChildren;89

(e) Pay particular attention to existingrisk factors, such as the growing sextourism in the region and continue tocollaborate with the Department ofTourism and tourism service providers inthis respect;(f) Launch awareness-raising campaignsfor children, parents and other caregivers,in order to prevent trafficking,sexual exploitation and pornographyinvolving children, and sensitize officialsworking with and for victims of trafficking.88. With regard to the trafficking of childrenin the Philippines, within the countryand across its borders, the Committeeendorses the recommendation adoptedby the Human Rights Committee at itsseventy-ninth session in 2003(CCPR/CO/79/PHL, para. 13) on takingappropriate measures to combat traffickingin all its forms, by ensuring effectiveenforcement of the relevantlegislation and imposing sanctions onthose found responsible.Administration of juvenile justice89. The Committee is seriously alarmed atthe high level of crime and the highnumber of persons below 18 years of agein detention in the State party, the persistentviolations of the rights of childrenin conflict with the law, the alleged casesof torture, abuse, including sexual abuseand other forms of degrading treatmentof persons below 18 years of age in detention,and the overall deficiencies inthe administration of the Philippine juvenilejustice system. The Committeenotes with deep concern that adequatelegislation governing juvenile justice islacking and that a proposed bill on theComprehensive Juvenile JusticeSystem and Delinquency PreventionProgramme has been pending inCongress since 1999. While noting thatan Administrative Order issued inFebruary 2000 designated Regional TrialCourts as Family Courts, theCommittee is concerned about the lackof child-sensitive and adequately trainedjuvenile courts.90. Furthermore, the Committee is concernedabout the very low minimum ageof criminal responsibility (9 years).90

Referring to the provisions on youthdetention homes of the Child and YouthWelfare Code and the Rules andRegulations on the Apprehension,Investigation, Prosecution andRehabilitation of Youth Offenders(Presidential Decree No. 603), theCommittee is concerned about the inadequateimplementation of these provisionsand the placement of personsbelow 18 years of age together withadults in detention. Unlawful detentionof children, street children for instance,for the extended period of time and limited,or lacking access to appropriate legalaid and assistance and adequatesocial and health services give cause forserious concern. In addition, theCommittee is concerned about unreasonableamounts requested for bail,which cause insurmountable financialobstacles for children and their parents,limitations as regards the suspension ofsentences and poor detention conditions,including socalled secret cells.91. The Committee urges the State party toensure that its legislation and practiceconcerning juvenile justice is in fullcompliance with the provisions of theConvention, in particular articles 37, 39and 40, as well as other relevant internationalstandards in this area, such asthe United Nations Standard MinimumRules for the Administration of JuvenileJustice (The Beijing Rules) (GeneralAssembly resolution 40/33), theUnited Nations Guidelines for thePrevention of Juvenile Delinquency (TheRiyadh Guidelines) (GeneralAssembly resolution 45/112), the UnitedNations Rules for the Protection ofJuveniles Deprived of their Liberty(General Assembly resolution 45/113)and the Guidelines for Action onChildren in the Criminal Justice System(annexed to Economic and SocialCouncil resolution 1997/30 of 21 July1997). In this regard, the Committee recommendsto the State party in particularthat it:(a) Adopt, as a matter of urgency, a proposedbill on Comprehensive JuvenileJustice System and DelinquencyPrevention Programme and raise theminimum age of criminal responsibilityto an internationally acceptable level;(b) Ensure that deprivation of liberty isused only as a measure of last resort,for the shortest possible time and in91

appropriate conditions, and that personsbelow 18 years of age are not detainedwith adults;(c) Establish juvenile courts staffed withsufficient, appropriately trained professionalpersonnel;(d) Ensure that persons below 18 yearsof age have access to legal aid and independentand effective complaintsmechanisms;(e) Implement alternative measures todeprivation of liberty, such as probation,community service or suspended sentences;(f) Train professionals in the area of recoveryand social reintegration of children;(g) Continue to seek technical assistancefrom, inter alia, the Office of the UnitedNations High Commissioner forHuman Rights, the United NationsOffice on Drugs and Crime and UNICEF.Children belonging to minorities and indigenouspeoples92. While noting the provisions of theIndigenous Peoples Rights Act(Republic Act No. 8371) as well as programmesand projects for childrenbelonging to minorities and indigenouspeoples, such as an alternative systemof education for children belonging toindigenous cultural communities, theChildcare Development Programme andthe Lingua Franca Project, theCommittee is concerned about thewidespread poverty among minoritiesand indigenous peoples and the limitedenjoyment of their human rights, in particular,concerning their access to socialand health services and education. TheCommittee shares the State party’s concernabout arranged early marriage inthe indigenous communities. In addition,the Committee notes with concern morepronounced discrimination againstMuslims.93. The Committee recalls the obligations ofthe State party under articles 2 and 30of the Convention and recommendsthat the State party ensure that indigenouschildren and children belonging92

to minorities fully enjoy all of their humanrights equally and without discrimination.In this respect theCommittee recommends that the Stateparty strengthen its efforts to implementthe Indigenous Peoples Rights Act(Republic Act No. 8371) and developand implement policies and programmesin order to ensure equal access for indigenousand minority children to culturallyappropriate services, includingsocial and health services and education.Furthermore, the Committee recommendsthat the State party strengthen itsmechanisms for data collection on minorityand indigenous children so as toidentify existing gaps and barriers to theenjoyment of their human rights and witha view to developing legislation, policiesand programmes to address such gapsand barriers.94. As regards the child’s right to use his/herown language, the Committee encouragesthe State party to continue its effortsto address the linguistic needs of indigenousand minority children. In addition,the Committee recommends thatthe State party seek, in close collaborationwith indigenous and minority communitiesand their respective leaders,effective measures to abolish traditionalpractices prejudicial to the health andwell-being of indigenous and minoritychildren, such as early marriage.8. Optional Protocols to theConvention on the Rights of the Child95. The Committee welcomes the ratificationin May 2002 of the Optional Protocol tothe Convention on the Rights of theChild on the sale of children, child prostitutionand child pornography and theratification in August 2003 of theOptional Protocol to the Convention onthe Rights of the Child on the involvementof children in armed conflict.96. In order to be able to examine theimplementation of the OptionalProtocols, the Committee underlinesthe importance of a regular and timelyreporting practice. The Committee recommendsthat the State party fully meetits reporting obligations under the reportingprovisions of the OptionalProtocols and the Convention.93

9. Followup and disseminationFollowup97. The Committee recommends that theState party take all appropriate measuresto ensure full implementation of the presentrecommendations, inter alia, bytransmitting them to the members ofthe Council of Ministers or the Cabinetor a similar body, the Parliament, and toprovincial or State Governments andParliaments, when applicable, for appropriateconsideration and further action.Dissemination98. The Committee further recommends thatthe second periodic report and writtenreplies submitted by the State party andrelated recommendations (concludingobservations) it adopted be made widelyavailable in the languages of the country,including through the Internet (butnot exclusively), to the public at large,civil society organizations, youthgroups, professional groups, and childrenin order to generate debate andawareness of the Convention, its implementationand monitoring.10.Next report99. In the light of the recommendation on reportingperiodicity adopted by theCommittee and described in the report ofits twenty-ninth session (CRC/C/ 114), theCommittee underlines the importance of areporting practice that is in full compliancewith the provisions of article 44 of theConvention. An important aspect of Statesparties’ responsibilities to children underthe Convention is ensuring that theCommittee on the Rights of the Child hasregular opportunities to examine theprogress made in the implementation of theConvention. In this regard, regular andtimely reporting by States parties is crucial.The Committee recognizes that some Statesparties experience difficulties in initiatingtimely and regular reporting. As an exceptionalmeasure, in order to help the Stateparty catch up with its reporting obligationsin full compliance with the Convention, theCommittee invites the State party to submitits third and fourth periodic reports in oneconsolidated report by 19 September 2007,the due date for the submission of the fourthperiodic report. The report should not exceed120 pages (see CRC/C/118). TheCommittee expects the State party to reportevery five years thereafter, as foreseen bythe Convention.94

ANNEX 1SAMPLE CASE STUDIES DOCUMENTED BY PREDAThe individual case studies featured in thissection are part of a study conducted byPREDA. They are, as far as possible, compiledfrom court records, and interviews withthe children in detention, prison authorities,and the relevant State-appointed legal counseland social workers. The names of all childrenhave been altered in order to protecttheir identity.Name: Clark (as of 20.11.2002)Age: 15Number of Visits by Parents: 1Arrested: 10.08.2002Arrest Warrant: NoneManner of Arrest: Handcuffs were used. Upon arrest, Clarkreports that the complainant, in the presence of the police,hit him using a wooden stick measuring 2 inches wideand 2 inches thick.Rights Explained Upon Arrest: NoCharges: TheftPhysical and Medical Examination Upon Arrest: NoParents Informed of Detention (Within 8 Hours): NoVisit from Social Worker: NoDuration of Stay Under Police Custody: One and halfmonths in Station A, Olongapo CityMemory of Inquest Investigation: Yes, 2 days post-arrestat the Fiscal’s Office, DOJPrevious Convictions: Previous charges for theft were dismissedFirst Appearance in Court/Access to a Lawyer: 27.09.2002,arraignment conducted 6 weeks after time of arrestCourt Orders: Pre-trial, 29.10.2002, next hearing set for01.10.2003Total Period of Detention in Adult Jail: 3 months, 10 daysand countingNOTE: Clark also reports suffering physical abuse at thehands of the Olongapo Police during his arrest. He has hadno opportunity to complain about this abuse. It took sixweeks for Clark to be arraigned although without any reasonfor delay/ Although his parents are willing to takecustody pending trial, no efforts have been made.Name: Noel (as of 20.11.2002)Age: 17Address: Homeless95

Arrested: 23.02.2002Arrest Warrant: Originally arrested in flagrante delicto.However he was released on recognisance to his motheron 02.04.2002. After which, he failed to turn up to courthearings so he was arrested by warrant issued on01.10.2002.Manner of Arrest: Handcuffs were used upon his initialarrest. He also reports being beaten with a cane by police.He also claims that he was electrocuted by police usinga live wire under his arm, to force a confession inStation A, Olongapo City where he was kept for two weeksafter his initial apprehension.Rights Explained upon Arrest: No.Charges: Trespass/Burglary.Physical and Medical Examination Upon Arrest: No.Parents informed of detention (within 8 hours): Yes, butnot within 8 hours.Visit from Social Worker: NoDuration of stay in police custody: 2 weeksMemory of Inquest Investigation: At OPP in Olongapo CityPrevious Convictions: No, but there are 2 cases currentlyagainst him.First Appearance in Court/Access to a lawyer: No recordin court file of an arraignment.Court Orders: 15.11. 2002, pre-trial terminated and setfor initial hearing for 02.04.2003.Total period of detention in adult jail: Almost 8 monthsand continuing.NOTE: It is not clear from said minor’s court file when,or even if the accused was arraigned. Noel reports seriousphysical abuse at the hands of the police during andafter his arrest, including electrocution. He has had noopportunity to complain about this treatment.Name: Dan (as of 15.08.2002)Age: 11 (age 10 at time of arrest).Arrested: Mid-February 2001.Charges: Theft committed with violence against the person.Stolen goods amounting to total of PhP 23,000(Equivalent to US Dollars $460).Manner of Arrest: No arrest warrant. On arrest Dan reportshe was handcuffed and brought to a cemetery along withanother 2 minors. In the cemetery the complainant identifiedthem as the thieves, and apparently requested thepolice to beat them. The police beat the children. The complainantwas also given the opportunity to beat them.Dan says that in the cemetery he had his hands tied toa wooden post above his head while he was beaten. Heclaims he was punched and kicked on his behind, and alsohad cigarettes stubbed out on his legs. There is a fadedscar on his leg which Dan says is a result of the cigaretteburns. Apparently, around fifteen policemen were presentduring the episode in the cemetery. They were thenbrought to Masinloc jail.Physical and Medical Examination Upon Arrest: NoParents informed of detention: Yes.Visit from Social Worker: No96

First Appearance in Court/Access to a lawyer: 06.03. 2001(after 19 days in Masinloc jail). No Attorney present. Theywere then ordered to be transferred to a YouthRehabilitation Centre pending arraignment and trial.Arraignment: 13.03. 2001. Represented by PAO Attorney.Bail was set at PhP 100,000 each (equivalent to US $2,000).Total Period of Detention in Adult Jail: 19 days.NOTE: Dan knew that his trial was ongoing, but had littleidea about the actual proceedings. He did not knowhis lawyer’s name. He also felt scared to report any abusesby the police, although he did inform the social workerat the Regional Youth Rehabilitation Centre in Magalangafter he had been transferred. While the social worker confirmedthe instances of abuse, no further action was takenby the social workers. Dan’s bail was set at the equivalentof USD 2,000 – despite the fact that he was onlyten years of age at the time. Such an amount must beviewed as a breach of Dan’s constitutional right to bailand his right to the presumption of innocence.Name: Marko (as of 25.11.2002)Age: 18.Date of Arrest: 22.05. 2001 (when he was aged 16).Charges: Qualified Theft (2 Counts).Manner of Arrest: No arrest Warrant. Handcuffs were used.Informed of Legal and Constitutional Rights: On arrest hewas informed of the reason why, however he was neverinformed of his right to counsel, right to silence etc.Other details: At his post-arrest interview, he had neitherhis legal counsel nor his parents present. He claims thathe was never asked to sign a custodial investigation report.His parents first visited him after 2 weeks (it is notconfirmed when they were informed of his arrest). Firstsocial worker visit after 1 month.Physical and Mental Examination: No.First Appearance in Court: Marko was set to be arraignedon 12.11.2002, nearly 18 months after his arrest. The casewas being transferred to another court at the last minuteand his arraignment was postponed. Marko denies everhaving been present at any inquest investigation or preliminaryinvestigation after his arrest. Marko has thereforeyet to receive the opportunity to question the legalityof his detention. It also appears from his case file thatthe complainant expressed her wish more than a year agoto drop the charges as she is not willing to present evidenceagainst him and has left the country to live inAmerica.Total Period of Detention in Adult Jail: 1 year, 6 monthsand continuing.NOTE: Marko’s predicament is an example of excessive delay.The delay appears to be the fault of the Office of theCity Prosecutor, which appears to have let the case lie dormantfor a year. The Prosecutor’s Office pressed chargesagainst Marko on 30.08.2002, more than a year afterhe was placed in jail. The prosecutor stated that the delaywas caused by her massive workload. Marko’s rights97

under Article 125 of the RPC have been breached. It alsoseemed that he was not provided the opportunity to submitany evidence during the preliminary investigation.As Marko is now 18, he is no longer avail of the rightsunder PD No. 603 afforded to children who have comeinto conflict with the law.Name: Tonton (as of 15.07.2002)Age: 16.Date of Arrest: 13.04.2000 (age 14).Charges: Theft.Manner of Arrest: Tonton does not remember an arrestwarrant being used. Handcuffs were used during his arrest.Initial Detention: Initially held in a military camp for 2days. Subsequently transferred to Iba Provincial jail after2 days without any court order or court appearance.Medical and Physical Examination: No.Parents informed of detention: Yes.Visits from Social Worker: Yes. 03.05.2000 National DSWDconducted a report into Tonton’s case and recommendedhis transfer to a juvenile detention centre. Apparently, localDSWD blocked the transfer as the complainant (Tonton’saunt) worked there.First appearance before judicial authorities/meeting withlawyer: Tonton could not remember exact date but feltit was more than a month after initial detention. Bailwas set at 20,000 Pesos (equivalent to US Dollars $400).Number of Subsequent Court Hearings: According to Tontononly 3 court hearings in 2 and a half years in RegionalTrial Court, Iba, Zambales. Trial adjourned for various reasonson all 3 occasions.Released to custody of Mother: 09.08.2002 Case ongoing.Total time spent in adult Jail: 2 years, and 4 months.PREDA Action: DSWD contacted and asked for immediateexplanation. PAO and judge also contacted. DSWD finallytook action towards having Tonton released.NOTE: Tonton remembers signing a confession admittinghis guilt for the crime. He reported that the confessionwas signed in the absence of a legal counsel or a socialworker. It is apparent that Tonton spent nearly 2 yearsand a half in jail among convicted adults without anyregard to his right to a speedy trial or due process.The delay in the case was a result of the complainant’sability to influence the administration of justice throughher post as a DSWD social worker. Tonton’s transfer to anappropriate centre was prevented.98

Table of Documented CasesAs of 8th November 2002Children Age of Warrant Handcuffs Physical Parents or Brought to Education Separate PeriodIn Minor Shown on Or And Social Court/ Mental Detention SpentJail On arrest Arrest Unnecessary Mental Worker Met legal Stimuli From In AdultForce used Exam Informed Counsel Provided Adults Jail1. Mark 14 No Yes No Yes After 64 days No Adjacent cell 1yr,2 weeks +2. Clark 15 No Yes No No After 6 weeks No Adjacent cell 100 days +3. Noel 17 No Yes No No TBC No Adjacent cell 9 months +4. Junjun 12 No No No No After 21 days No Adjacent cell 36 days5. Hadji 17 No No No Yes After 16 days No Adjacent cell 112 days6. Bernard 17 No Yes No No After 42 days No Adjacent cell 70 days +7. Nico 17 No No No No After 74 days No Adjacent cell 107 days8. Dan 10 No Yes No Yes After 19 days No Yes 19 days9. Marko 16 No Yes No No Not Yet No Same cell 18 months +10. Martin 15 No Yes No Yes TBC No Same cell 30 days11. Nadia 15 No No No No Not Yet No Same cell 5 months +12. Tonton 14 No Yes No Yes After 30 days + No Same cell 28 months13. Marvin 14 Yes No No Yes After 30 days +Yes (NGO) Adjacent cell 32 days +14. Gerry 16 No No No No + 5 months Yes (NGO) Adjacent cell 9 months +15. Rudy 16 No Yes No No After 19 days Yes (NGO) Adjacent cell 4 months +99

ANNEX 2PREDA PICTURES ON CONDITIONS ON IMPRISONMENT(available on Preda website http://www.preda.org/home.htm)Minors in Navotas, Metro Manila prison during October 14, 2004 visit of Preda.Caloocan City Jail, Metro Manila - April 23,2004, visit of Preda: as many as 80 child prisonersin one room are detained which are alsoaccessed by adult prisonersMinors in Navotas, Metro Manila prison duringNovember 10, 2003 visit of Preda