Court, Prosecutors and Investigators.
SEC. 17. Court, Prosecutors and Investigators. — The Family Courts shall have original and exclusive jurisdiction over the crimes punishable under this Act.
The Commission on Human Rights (CHR), the Department of Justice (DOJ) and its attached agencies, the PNP or other concerned law enforcement agencies shall designate prosecutors or investigators, as the case may be, for cases involving crimes punishable under this Act.
The State shall ensure that judges, prosecutors and investigators designated for purposes of this Act, receive effective training in human rights particularly on the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children Involved in Armed Conflict and related international instruments, International Humanitarian Law, International Criminal Law and National Guidelines and Protocols on the Handling and Treatment of CIAC.
Requirement and Procedures on Age Verification and Presumption of Minority.
SEC. 18. Requirement and Procedures on Age Verification and Presumption of Minority. - The child involved in, affected by or displaced by armed conflict, shall enjoy the presumption of minority and shall enjoy all the rights of a child recognized in this Act and other applicable laws unless proven to be at least eighteen (18) years of age or older.
The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent document. In the absence of these documents, age may be based on information from the child, testimonies of other persons, the physical appearance of the child and other relevant evidence such as dental records. In case of doubt as to the age of the child, it shall be resolved in favor of the child being deemed a minor.
Any person contesting the age of the child prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court, which shall decide the case witibin twenty-four (24) hours from receipt of the appropriate .pleadings of all interested parties.
If a case has been filed against the child and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the ease is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts to determine the age of the child involved in armed conflict.
Protection of Victims and Witnesses.
SEC. 19. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine law for the protection of victims and witnesses, the following measures shall be undertaken:
(a) The court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of child victims and witnesses. Pursuant thereto, the court shall give due regard to all relevant factors, including age, gender and health, and the nature of the crime, particularly where the crime involves sexual or gender-based violence or violence against children;
(b) The court shall protect the privacy of child victims and witnesses and observe confidentiality consistent with existing rules on examination of child victims and witnesses;
(c) Where the personal interests of the child victims are affected, the court shall consider the child victim's views and concerns in accordance with established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information may be prejudicial to the security of the child, witness or the family, the prosecution may withhold such evidence or information and instead submit a summary thereof consistent with the rights of the accused to a fair and impartial trial.
Reparation to Victims.
SEC. 20. Reparation to Victims. - In addition to existing provisions in Philippine law and procedural rules for reparations to victims, the following measures shall be undertaken:
(a) The court shall follow the principles relating to the reparations to, or in respect of, child victims, including restitution, compensation and rehabilitation, taking into consideration the scope and extent of any damage, loss or injury suffered by child victims;
(b) The court shall make an order directly against a convicted person specifying appropriate reparations to child victims, including restitution, compensation and rehabilitation; and
(c) Before making an order under this section, the court may invite and shall take account of representations from or on behalf of the convicted person, child victims or other interested persons.
Nothing in this section shall be interpreted to prejudice the rights of child victims under national or international law.
Immunity from Suit for Persons Providing Assistance.
SEC. 21. Immunity from Suit for Persons Providing Assistance. - Any person who shall take custody of children involved in armed conflict to ensure their safety or provide them any form of assistance shall be exempt from any civil, criminal and administrative liability: Provided, That the person taking custody shall report it to the Local Social Welfare and Development Office (LSWDO), the PNP or to the barangay office within forty-eight (48) hours from custody.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
