3RD CYCLE UPR

PHILIPPINES

The Civil Society Coalition on the Convention on the Rights of the Child (CSC-CRC) Inc. is an alliance of 17 local and international child rights
organizations in the Philippines. Through its advocacy and capacity building activities, the CRC Coalition leads civil society efforts towards
strengthening government accountability for children’s rights through systematic monitoring of the implementation of the UN Convention on the
Rights of the Child (CRC) in the country. It has been submitting periodic reports to the UN Committee on the Rights of the Child following the
Philippines’ ratification of the CRC in 1990. It also prepared a submission to the 2nd Cycle of the Universal Periodic Review (UPR) in 2012, and
has contributed to civil society joint submissions/reports to the UPR, and other human rights monitoring mechanisms.

CSC-CRC is presently lobbying with Member States to consider the following issues and recommendations in line with the 3rd UPR cycle of the
Philippines.

PROTECT CHILDREN FROM BECOMING VICTIMS OF THE GOVERNMENT’S “WAR ON DRUGS”

Human rights groups in the Philippines have expressed concern over the rising number
of people killed, including children, as a result of the war on drugs being waged by the
Duterte administration. According to the consolidated data by the Children’s Legal
Rights and Development Center (CLRD),

34 children have been killed from July 2016 to March 2017.

The Philippine government’s war on drugs has taken its toll on the lives of children in
many communities. As of January 2017, the Philippine National Police (PNP) reported
that
PHOTO BY JIRU RADA, ORIGINALLY USED AS PART OF THE
#CHILDRENNOTCRIMINALS CAMPAIGN; ICONS FROM FLATICON.COM

7,080 alleged drug users and pushers

Althea Fhem Barbon, 4 years old, and have been killed
her father were riding a motorcycle 2,555 were killed in 4,525 are victims of “cases of deaths under
on their way home when police shot police operations investigations” (e.g. killed by vigilante groups)
at them. They died on September
3, 2016. The police claimed that
Althea’s father was a drug dealer and The Department of Social Welfare and Development (DSWD) gave a “conservative
that he attempted to shoot at the estimate” that because of this “war”, around
police. 18,000 children have either lost one of their parents/guardians or have been orphaned.
Some of them have witnessed the killing of their loved ones in their homes and
John Ryan Garbo, 11 years old, and communities and experienced trauma due to these events.
his siblings were sleeping in their SOURCE: INQUIRER.NET, “DRUG WAR’S OTHER VICTIMS: ORPHANS”, 12/25/2016

house in Navotas City when armed

men barged and dragged their father.
Hours later, their father’s dead body RECOMMENDATIONS SUPPORTED BY THE PHILIPPINE GOVERNMENT IN THE 2ND UPR CYCLE
was found in Barangay North Bay
Boulevard South. John Ryan was • Fight against extrajudicial killings by strengthening accountability and monitoring
heard saying, “Pinatay nila, kinuha mechanisms, persecuting perpetrators, and implementing necessary reforms
nila; natutulog lang (They killed him. (Germany, Republic of Korea, Singapore, Holy See, Spain, United States of America,
They took him while he was asleep.)” Sweden, Timor-Leste, Northern Ireland, United Kingdom of Great Britain)
Source of position: A/HRC/21/12 - Para. 129
Michelle Mergillano, mother of 5,
was at home cradling her youngest
child when four men barged into RECOMMENDATIONS TO THE PHILIPPINE GOVERNMENT FOR THE 3RD UPR CYCLE
her house on the night of February
20, 2017. The men dropped the baby • Investigate the killings especially those that resulted in the death of children, make
on the floor and shot Michelle four investigation reports accessible to the public, and hold perpetrators accountable to
times in front of her other children. the crimes they have committed.
Mergillano’s 8-year old daughter
• Provide psychosocial interventions and medical assistance to children and to
“Bea” said she begged the hooded
intruders to spare her mother’s life families who were traumatized with witnessing the death of their loved ones.
because she has many siblings and • Relevant government agencies to review their protocols in handling children
nobody will look after them, but to affected by the “war on drugs” to ensure that children are protected at all times.
no avail. Mergillano and her husband
are alleged drug users.
SUGGESTED QUESTIONS
SOURCES: ABS-CBN NEWS, “4-YEAR-OLD GIRL, DAD SHOT
DEAD BY COPS IN DRUG OPERATION”, 09/03/2016; INQUIRER.
NET, “DRUG WAR’S OTHER VICTIMS: ORPHANS”, 12/25/2016;
INQUIRER.NET, “GUNMEN TOOK BABY IN MOM’S ARMS
• What is being done by the Philippine government to address the issue of “children as
BEFORE KILLING HER IN FRONT OF KIDS”, 03/01/2017.
collateral damage” in the war against drugs?
 NO TO THE LOWERING OF THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY (MACR)
The Minimum Age of Criminal Responsibility (MARC) is the lowest age at which a child in
a given country can be prosecuted in court. In the Philippines, under the Juvenile Justice and
Welfare Act (JJWA), the MACR is set at 15 years old. Presently, several bills have been filed in
the 17th Congress to lower the MACR from 15 years to 9 years old. This proposal is one of the
priority legislations under the Duterte administration. If this law gets passed, children as young
as 9 years old may be sent to detention centers or jails where they will be prone to abuses and
discrimination, exposed to criminal elements, and which will lower their chances to have a
better future. A research commissioned by the United Nations Children’s Fund (UNICEF) in
2015 found that the JJWA has not been properly implemented since its enactment in 2006. This
has significantly affected the delivery of services provided to children at risk (CAR), children in PHOTO BY JIRU RADA; ICONS FROM FLATICON.COM

conflict with the law (CICL), and their victims.

SOURCE: UNICEF, EVALUATION OF THE INTERVENTION AND REHABILITATION IN RESIDENTIAL
FACILITIES AND DIVERSION PROGRAMS FOR CHILDREN IN CONFLICT WITH THE LAW, JUNE 2015.

REASONS WHY THE MACR SHOULD NOT BE LOWERED

1 CHILDREN ARE NOT LITTLE ADULTS. 3 JAILS ARE NOT PLACES FOR CHILDREN. 4 CHILDREN ARE VICTIMS OF DRUG
SYNDICATES.
Children do not have the same Detention should be the last resort
psychosocial and decision and not the first and only option. Some legislators have argued that
making capacity as adults. The A child’s “exposure to the criminal crime syndicates are using children
developmental immaturity justice system, where the child will in their illegal activities to get away
of young people lessens be labeled a criminal and exposed with crimes so the children need
their criminal culpability. to criminal models will more likely to be detained to stop them from
Neuroscientific evidence has establish the “criminal identity” of the committing offenses. If crime
shown this. young person. Research has shown syndicates or adults use children
that encounters with the justice system in their illegal activities, clearly the
do not deter but rather result in greater children are victims. Therefore, the
2 LOWERING THE MACR WILL NOT RESULT
IN LOWER CRIME RATES.
and subsequent crime for the young children should be rescued and
person”.1 provided rehabilitative support and
Data from the Philippine National the syndicates should be the ones
Police (PNP) show that only 1.72%
1
PSYCHOLOGICAL ASSOCIATION OF THE PHILIPPINES,
“POSITION PAPER ON HB 002 OR THE MINIMUM AGE OF arrested and penalized for their
of reported crimes are committed CRIMINAL RESPONSIBILITY ACT” (24 AUGUST 2016)
criminal acts.
by children. Most of them are first
time offenders who have committed
petty offenses (e.g., theft). While any 5 JJWA DOES NOT NEED TO BE AMENDED, IT NEEDS TO BE IMPLEMENTED.
decrease in the crime rate, however The JJWA has created a separate juvenile justice system for children which provides
small is desirable, there are more prevention, intervention, diversion and rehabilitation to children at risk and children in
restorative ways in handling cases of conflict with the law. However, the law is not being fully implemented because of weak
CICL without criminalizing them. government commitment and lack of sufficient funding.

RECOMMENDATIONS SUPPORTED BY THE PHILIPPINE GOVERNMENT IN THE 2ND UPR CYCLE

• Take immediate measures to effectively implement the Juvenile Justice and Welfare Act of 2006 (Norway)
• Improve conditions of detention centers and separate children/juvenile offenders from adult offenders (Ecuador, Germany)
Source of position: A/HRC/21/12 - Para. 129

RECOMMENDATIONS NOTED BY THE PHILIPPINE GOVERNMENT IN THE 2ND UPR CYCLE

• Ensure that the age of criminal responsibility is not lowered (Germany)
Source of position: A/HRC/21/12 - Para. 131 & A/HRC/21/12/Add.1 - Para. 4 (p)

RECOMMENDATIONS TO THE PHILIPPINE GOVERNMENT FOR THE 3RD UPR CYCLE

• Maintain the MACR at 15 years old and strengthen the implementation of the Juvenile Justice and Welfare Act (JJWA).
• Law enforcement agencies to arrest and penalize criminal syndicates that use children in their illegal activities.
• Allocate sufficient budget to support capacity building of duty bearers to effectively implement the JJWA.

SUGGESTED QUESTIONS

• Were all measures undertaken to ensure the full implementation of the Juvenile Justice and Welfare Act (JJWA) before any decision
was made to amend the MACR?
• Were all duty bearers adequately trained on processes and guidelines in handling cases of children at risk and children in conflict with
the law?
• Has the government provided sufficient budget for implementing agencies to effectively carry out their duties under the law? How
much budget is provided at the national and local levels?

2
 STOP THE USE OF CORPORAL PUNISHMENT AND PROMOTE POSITIVE DISCIPLINE
Despite laws that prohibit corporal punishment in school (Article 233 of the Family
Code of 1987), the juvenile justice system and institutions (Article 61 of the Juvenile
Justice and Welfare Act), there is still no law that explicitly prohibits the use of corporal
and humiliating or degrading punishment in the home. Existing laws justify its use,
allowing punishment that is “just and reasonable” and “moderate in degree.”2 Current
laws address only those forms of punishment that are excessive and which result in
severe physical or psychological harm.

Since 2007, several bills have been filed to prohibit corporal punishment in home and
other settings but failed to pass in both House of Representatives and Senate.
PHOTO BY JIRU RADA, ORIGINALLY USED AS PART OF THE
#CHILDRENNOTCRIMINALS CAMPAIGN; ICONS FROM FLATICON.COM
2
RULES AND REGULATIONS ON THE REPORTING AND INVESTIGATION OF CHILD ABUSE CASES OF REPUBLIC ACT 7610 “ANTI
CHILD ABUSE LAW”

3 in 5 respondents (66.3%) 3 out of 5 children

experienced any form of physical violence during have been verbally abused,
childhood and 60% of these cases happened threatened and/or abandoned by
inside their homes. their parents or guardians.
SOURCE: COUNCIL FOR THE WELFARE OF THE CHILDREN, NATIONAL BASELINE STUDY ON SOURCE: UNICEF PHILIPPINES, A SYSTEMATIC LITERATURE REVIEW OF DRIVERS OF VIOLENCE
VIOLENCE AGAINST CHILDREN: PHILIPPINES, 2016. AFFECTING CHILDREN: THE PHILIPPINES, 2016

LGUs generally have a low capacity to prevent and Low disclosure and reporting of VAC
respond to violence against children (VAC) . despite its high prevalence.

Local Councils for the Protection of Children Disclosure is low at 10% of children and youth
(LCPCs) and Barangay Councils for the overall. Most children who experience violence
Protection of Children (BCPCs) are not in disclosed to their friends, and to some extent, to
place in the areas covered by the study, or if their mothers. Only 29.2% of children were aware
they are, these are not fully functional. of the services they could utilize for their needs.
SOURCE: UNICEF PHILIPPINES, A SYSTEMATIC LITERATURE REVIEW OF DRIVERS OF VIOLENCE SOURCE: UNICEF PHILIPPINES, A SYSTEMATIC LITERATURE REVIEW OF DRIVERS OF VIOLENCE
AFFECTING CHILDREN: THE PHILIPPINES, 2016 AFFECTING CHILDREN: THE PHILIPPINES, 2016

VIOLENCE AGAINST CHILDREN IN THE HOME IS A Physical punishment makes children more aggressive
RISK FACTOR FOR EXPERIENCING VIOLENCE IN THE and antisocial, and can cause cognitive impairment and
developmental difficulties.
COMMUNITY.
SOURCE: J. DURRANT, PHYSICAL PUNISHMENT OF CHILDREN: LESSONS
FROM 20 YEARS OF RESEARCH, 2012.

RECOMMENDATIONS SUPPORTED BY THE PHILIPPINE GOVERNMENT IN THE 2ND UPR CYCLE

• Prohibit all forms of corporal punishment in the home, school, institutions, penal system and in all other areas (Uruguay, Portugal,
France)
• Intensify awareness-raising campaigns on the harmful effects of corporal punishment and the use of alternative and non-violent
forms of discipline in a manner consistent with the child’s dignity (Liechtenstein, Uruguay)
Source of position: A/HRC/21/12 - Para. 129

RECOMMENDATIONS TO THE PHILIPPINE GOVERNMENT FOR THE 3RD UPR CYCLE

• Pass the Anti-Corporal Punishment/Positive Discipline Act in the 17th Congress to extend the prohibition of corporal punishment
in the home and the family.
• Develop a comprehensive program on Positive Discipline with a corresponding budget to prevent and respond to cases of corporal
punishment.
• Intensify the implementation of education and awareness raising campaigns to promote positive discipline among parents, service
providers and caregivers.

SUGGESTED QUESTIONS

• What measures has the Philippine Government undertaken to prevent and respond to cases of corporal punishment experienced
by children inside the home?
• What has the Philippine Government done to expedite the enactment of the Positive and Non-Violent Discipline of Children Bill?

3
 PREVENT ONLINE CHILD ABUSE

The Philippines has high social media engagement rates in almost all platforms.
Internet users (estimated through the Facebook users) are young – 20% are aged 13
to 17 years old. The high level of engagement of children in cyberspace, along with
weak regulation of cyberspace use and content, makes them highly vulnerable to
online violence. Despite the enactment of Anti-Child Pornography Act (RA 9775)and
Cybercrime Prevention Act of 2012 (10175), and the establishment of an inter-agency
body to oversee the full implementation of these laws, the Philippines continues to be
considered as a major global source for the child cybersex industry. The Philippine
Judiciary System is also not fully equipped to handle cases involving cybercrime as
PHOTO BY JIRU RADA; ICONS FROM FLATICON.COM this is still a relatively new jurisdiction.3
3
W. AWITAN. AN OVERVIEW OF CHILD-SAFE CYBER LAWS AND ENFORCEMENTS IN THE PHILIPPINES: STRENGTHS AND GAPS. QUEZON
CITY: WORLD VISION, 2016.

The 2015 National Baseline Study on Violence Against Children showed that:

About a third of the types of cyber An estimated 2.5 % had their nude
violence were in the form of verbal body or own sexual activities shown
abuse over the internet or cell phone; on the internet or cellphone including
a fourth were sexual messages. both real and falsified images.
43.8% of children aged
13 to under 18 years 22.8% 25.5% More males reported having their
experienced cyber violence. nude body or their own sexual
More females than males received activities, whether true or not,
Of those who experienced
sexual messages or words over the shown on the internet or cellphones
cyber violence
internet or cellphone. (3.2% males, 1.8% females).
45.3% 42.2%

The Department of Justice’s Office of Cybercrime (OOC) confirmed that they received 12,374 Cyber Tips from April – December 2014
and 14,988 in 2015. Cyber Tips are reports submitted by the public and/or United States ISP and ESPs pertaining to child abuse being
committed with the use of their systems.
SOURCES: COUNCIL FOR THE WELFARE OF CHILDREN. NATIONAL BASELINE STUDY ON VIOLENCE AGAINST CHILDREN EXECUTIVE SUMMARY. QUEZON CITY, PHILIPPINES, 2016.
UNICEF PHILIPPINES, CHILD ONLINE SEXUAL ABUSE AND EXPLOITATION. MAKATI CITY, PHILIPPINES, 2016.

ECPAT Philippines, a CSC-CRC member, cited in its alternative report on the CRC Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography that there is a lack of budget allocation for the full implementation of RA 9775 which hampers
capacity building for law enforcers and provision of services for child victims of online sexual abuse and exploitation.

RECOMMENDATIONS TO THE PHILIPPINE GOVERNMENT FOR THE 3RD UPR CYCLE

• Develop and implement a National Plan of Action to prevent online child exploitation and abuse.
• Strengthen inter-agency coordination to combat cybersex in the community.
• Intensify education sessions on child protection and safety in the internet for children and their families, schools and local officials,
especially in cybersex-affected communities.
• Secure cooperation from the private sector such as the information and communications technology (ICT) industry and money
transfer services to prevent and respond to child online abuse.
• Invest in upgrading facilities and capacities of law enforcement agencies and the judiciary in handling online sexual exploitation
cases.
• Pass local ordinances and allocate budget for online child protection programs and activities and to implement the Anti-Child
Pornography Act of 2009.

SUGGESTED QUESTIONS
• What measures has the Philippine government undertaken to prevent and respond to cases of online child exploitation?

ChildFund Philippines Kindernothilfe Ev. Philippines

THIS PUBLICATION IS SUPPORTED BY Open Heart Foundation
ChildHope Philippines
Consuelo Foundation Philippines Against Child Trafficking
ECPAT Philippines Plan Philippines
MEMBERS: Salinlahi Alliance for Children’s Concern
ERDA Foundation
Fundacion Educacion Y Cooperacion (EDUCO) Save the Children
Good Neighbors International Philippines Unang Hakbang Foundation
John J. Carroll Institute on Church and Social Issues VIDES Philippines Volunteers Foundation, Inc.
World Vision Development Foundation, Inc.