MARIBOJOC CHILDREN’S CODE OF 2008
Authored by: Kag. Zeus Manuel R. Descallar
WHEREAS, the National Government of the Republic of the Philippines as well as the Provincial Government of Bohol are advocating the rights of children for survival, development, protection and participation;
WHEREAS, there are many existing laws covering such rights of children and their particular obligation but such laws have not been clearly defined at the local level;
WHEREAS, it is a common knowledge and a fact that cannot be denied that children are important assets in our society should they be given the opportunity to exercise their potentials through appropriate guidance of the elders e.g. parents and guardians;
WHEREAS, there is a need to enact a code relating to children’s rights applicable particularly in the Municipality of Maribojoc, Bohol;
WHEREAS, there are existing local practices that are violative of the rights of children such as the right to obtain education, right to proper care guidance and discipline;
WHEREAS, there is a need to coordinate with the various existing government agencies, Non-Government Organization’s (NGOs) and others sectors to collaborate in providing services for children in the Municipality of Maribojoc, Bohol;
NOW THEREFORE be it ordained by the Sangguniang Bayan of Maribojoc, Bohol that;
TITLE, POLICIES, PRINCIPLES AND DEFINITION of TERMS
AND DUTIES AND RESPONSIBILITIES
SECTION 1. TITLE – This code shall be known as the Maribojoc Children’s Code of 2008.
SECTON 2. DECLARATION OF POLICIES AND PRINCIPLES. – The state recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in Youth Patriotism and Nationalism and encourage their involvement and participation in public affairs. It also recognizes that children have rights which the government and the church recognize as well.
The Municipal Government of Maribojoc, Bohol recognizes the importance of effectively promoting, fully enhancing and institutionalizing the survival, development, participation and protection rights of the children within the framework of advancing their general welfare in furtherance of integrated, sustainable and equitable development.
It believes in a holistic protection and development of all children through a strong partnership between and among government agencies, NGO’s and other sectors serving with the highest degree of professionalism and competence in the atmosphere of unity, solidarity and teamwork.
SECTION 3. PURPOSES – This code is enacted in the following purposes:
a. To ensure the protection of children against all forms of abuses and exploitation;
b. To advocate for children’s rights and promote their welfare and development;
c. To ensure that children’s rights are given priority attention in government, business and civil society;
d. To help improve the quality of life of children particularly in this municipality by enabling them to fully develop their potentials and participate in community life and nation building.
SECTION 4. PARTICIPATION OF THE CHILD.- All proceedings before any authority shall be conducted in a manner which allows the child to participate and to express themselves freely. Participation of children in program and policy formulation and implementation related with the children’s concern shall be ensured by the government unit.
SECTION 5. PROCEEDINGS TO BE CONDUCTED IN THE BEST INTEREST OF THE CHILD. Proceedings before any authority should be conducted in the best interest of the child. All doubts in the implementation and/or interpretation of the Provisions of this Code including its implementing rules and regulations shall be resolved taking into consideration the best interest and welfare of the child.
SECTION 6. DUTIES AND RESPONSIBILITIES OF THE STATE – In accordance with the provision of section 3 Pursuant to the provision of Section 3 paragraph 2 of the Philippines Constitution Article XV, it is the duty of the state to defend the rights of children to assistance including proper care and nutrition and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.
In accordance also with the United Nations Convention on the rights of the child of which the Philippine government is a state party, the state shall:
a. Undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the United Nations Convention on the Rights of Children (UNCRC). With regards to economic social, and cultural rights, the state shall undertake such measure to the maximum extent, its available resources and where needed within the framework of international cooperation. e.g. UNICEF.
b. Take all appropriate legislative, administrative, social and educational measures to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse in the care of parents / legal guardians or any other person who has the care of the child;
c. Render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.
SECTION 7. DEFINITION OF TERMS. – The following terms used in this ordinance shall be defined as follows:
a. Child – refers to a person at the age of 15 years and below.
b. Child abuse – refers to the maltreatment, whether habitual or not, of the child which includes any of the following:
1. Physical and psychological abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
2. Any act by deeds or words and dignity of a child as human being is affected adversely;
3. Unreasonable deprivation of his/her basic needs such as food and shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his or her growth and development, or in his/her permanent in capacity or death.
c. Special concerns – are circumstances which gravely threaten or endanger the survival and normal development of children including but not limited to the following:
1. Being in a community where there is armed conflict or being affected by armed conflict-related activities;
2. Working under conditions hazardous to life, safety and morals which unduly interfere with their normal development;
3. Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or any adult supervision needed for their welfare;
4. Being children of indigenous peoples and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life;
5. Being a victim of a man-made or natural disaster of calamity; or
6. Analogous circumstances which endanger the life, safety or normal development of children.
d. Day care – is the provision of substitute parental care and stimulating activities for the total development of children three to five (3-5) years old when their parents are unable to take care of them during part of the day because of work and some other situation.
e. Day care center – is a facility where day care services are provided by an accredited day care worker particularly for children in the three to five (3-5) year age bracket.
f. Diversion – shall refer to an alternative child-appropriate process of determining a juvenile’s responsibility for an alleged offense as well as in determining the measures, if any to be undertaken by the juvenile and other persons without resorting to formal court adjudication.
g. Diversion programs – shall refer to programs that juveniles are required to undergo after they are found responsible for an offense, without the child being made to undergo formal court litigation.
h. Community reintegration programs – shall refer to the programs established for the purpose of rehabilitation and preparing the child for reintegration into the community.
i. Katarungang Pambarangay – shall refer to Sec.399-422 of the Local Government Code of 1991 which is commonly known as the Katarungang Pambarangay Law.
j. Specially-abled children, children with disabilities or children with special needs – are children with either physical or mental infirmities whether congenital or acquired after birth.
RIGHTS AND OBLIGATIONS OF THE CHILD
SECTION 8. RIGHTS OF THE CHILD.
a. Every child shall be entitled to the rights herein set forth without distinction as to legitimacy, sex, social status, religion, political antecedents, and other factors.
b. Every child shall possess the following rights which are classified into survival, development, protection and participation rights:
1. Survival rights – ensure the child’s inherent right to life and to the needs that are most basic to existence, the rights to a name and to a nationality, the right to identity and those dealing with parental and governmental duties and obligations, adequate and decent standard of living, access to basic health care and medical services, social security, and rehabilitation. The following are the survival rights:
a. Every child has the right to be born well, endowed with the dignity and worth of a human being from the moment of his or her conception;
b. Every child has the right to a wholesome family life that will provide him or her with love, care, and understanding, guidance and counseling, and moral and material security. The dependent or abandoned child shall be provided with the nearest substitute of a home;
c. Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life.
2. Developmental rights – refer to the rights of a child to education to develop her or his personality, talents and mental and physical abilities to the fullest extent. These also include participation in cultural activities, access to appropriate and relevant information, and opportunities for rest, play and leisure. The following are the development rights:
a. Every child has the right to a well-rounded development of her or his personality to the end that she or he may become a happy, useful, and active member of society specifically:
1. The gifted child shall be given the opportunity and encouragement to develop her or his special talents;
2. The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care;
3. The physically or mentally disabled child shall be given treatment, education and care required by her or his particular condition;
b. Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of her or his character;
c. Every child has the right to grow up as a free individual in an atmosphere
of peace, understanding, tolerance, and universal sisterhood/ brotherhood, and with
the determination to contribute her or his share in the building of a better world;
d. Every child has the right to education. Primary education must be
compulsory and higher education must be available and accessible to all on the
basis of capacity by every appropriate means. The education of the child shall be
1. The development of the child’s personality, talents and mental and physical abilities to the fullest extent;
2. The preparation of the child for responsible adult life in a free society;
3. The development of respect for the child’s parents, her or his cultural identity, language and values, and the cultural background and values of others;
4. The development of respect for the natural environment;
e. Every child has the right to full opportunities for safe and wholesome
recreation and activities, individual as well as social, for the wholesome use of her
or his leisure hours.
f. Every child has the right to live in a community and a society that can offer
her or him and environment free from pernicious influences and conducive to the
promotion of her or his health and the cultivation of her or his desirable traits and
3. Protection rights – cover those rights protecting the child from all forms of abuses and discrimination such as protection from cruelty, torture, arbitrary separation from the family, abuses in the justice and penal system, involvement in armed conflict, child labor, drug abuse, sexual abuse, and exploitation.
4. Participation rights – refer to the child’s rights to participate in matters that affect him or her most by providing all appropriate venues where he or she can express his or her opinions freely and to have these opinions taken into account, involvement in decision-making and a consultative process, freedom of association and peaceful assembly. The following are the participation rights:
a. Every child has the right to be provided the opportunity to be heard in any judicial and administrative proceedings affecting him or her, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law;
b. Every child has the right to freedom of thought, conscience and religion, subject to appropriate parental guidance;
c. Every child has the right to freedom of statement. This right shall include freedom to seek, receive and impart information and ideas of all kinds;
d. Every child has the right to express his or her opinions freely and to have these opinions taken into account in any matter or procedure affecting him or her;
e. Every child has a right to privacy and shall be protected against unlawful interference with such privacy, family, home or correspondence, and to unlawful attacks against his or her honor and reputation.
SECTION 9. RESPONSIBILITIES OF THE CHILD. – Every child, regardless of the circumstances of birth, sex, religion, social status, political antecedents and other factors shall:
a. Strive to lead an upright and virtuous life in accordance with the tenets of his or her religion, the teaching of his or her elders and mentors, and the bidding of a clean conscience;
b. Love, respect and obey his or her parents, and cooperate with them in the strengthening of the family;
c. Extend to his or her brothers and sisters love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united;
d. Exert his or her utmost to develop his or her potentialities for service, particularly by undergoing a formal education suited to his or her abilities, in order that he or she may become an asset to himself or herself and to society;
e. Respect not only his or her elders but also the customs and traditions of his or her people, the memory of his or her people’s heroes, the duly constituted authorities, the laws of the country, and the principles and institutions of democracy;
f. Actively participate in civic affairs and in the promotion of the general welfare, recognizing that it is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation’s future;
g. Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the pursuit of their common aspirations for unity and prosperity, and the furtherance of world peace;
h. He/she shall not deviate his/her schools hours in accordance to school curriculum by going somewhere else without the knowledge or permission from his/her teacher or school authorities; and
i. He/she shall not indulge to drinking, smoking, gambling, drug addiction and other forms of vices that destroy the morale of the child himself.
ROLES AND FUNCTIONS OF VARIOUS SECTORS
SECTION 10. THE FAMILY. – The family is the central unit responsible for the primary socialization of children which is important in the prevention of children’s rights violations. Governmental and social efforts to preserve the integrity of the family, including the extended family, should be pursued.
SECTION 11. PRIMARY RIGHT OF PARENTS. – The family has the primary responsibility of nurturing and protecting children from infancy to adolescence. Introduction of children to the culture, values and norms of their society shall begin in the family. The parents shall have the right to the company of their children and, in relation to all other persons or institutions dealing with children’s development, the primary right and obligation to provide for their upbringing.
SECTION 12. RIGHTS UNDER THE FAMILY CODE. – Parents shall continue to exercise the rights mentioned in Articles 209 to 237 of the Family Code over the person and property of their children.
SECTION 13. RIGHTS TO DISCIPLINE CHILDREN. – Parents have the right to discipline their children as may be necessary for the formation of their good character, provided it does not fall under the prohibited acts mentioned in this Code. Parents may require from their children obedience to just and reasonable rules, suggestions and admonitions.
SECTION 14. GENERAL DUTIES OF PARENTS. – Parents shall have the following general duties toward their children:
a. To give them affection, companionship and understanding;
b. To extend to them the benefits of moral guidance, self-discipline and religious instruction;
c. To supervise their activities, including their recreation, must not allow their children to indulge in vices e.g. smoking;
d. To inculcate in them the value of industry, thrift and self-reliance;
e. To stimulate their interest in civic affairs, teach them the duties of citizenship, moral/spiritual values and develop their commitment to their country;
f. To advise them properly on any matter affecting their development and well-being and encourage them to join wholesome recreations;
g. To always set a good example;
h. To provide them with adequate support, as defined in Article 194 of the Family Code;
i. To administer their property, if any, according to their best interest, subject to the provisions of Article 225 to 227 of the Family Code.
j. To guide the children in the use of time for TV watching and observe strictly the parental guidance; and
k. To abide by the government’s program on Effective Parenting as may be required by the Department of Social Welfare and Development Officer.
SECTION 15. SEPARATION OF CHILDREN FROM THEIR PARENTS. – Children should not be wantonly separated from their families. Whenever children are made to separate from their families owing to force majeure, or in their own best interest, arrangements shall be made for appropriate family care of the child or institutional placement, due regard being paid to the desirability of continuity in children’s upbringing in their own cultural milieu.
Extended families, relative and community institutions shall be given support to help meet the special needs of orphaned, displaced and abandoned children. Efforts must be made to ensure that no child is treated as an outcast of society.
SECTION 16. ROLE OF MOTHERS. – Mothers in their various roles play a critical role in the well being of children. Efforts for the enhancement of women’s status and their roles in development must begin with girl children. The enhancement of the status of women and their equal access to education, training, credit, reproductive health, and other extension services constitute a valuable contribution to a nation’s social and economic development.
To achieve that and to prepare women for their various roles, equal opportunity shall be provided for the girl children for them to benefit from the health, nutrition, education and other basic services for their full growth.
SECTION 17. ROLE OF FATHERS. – Fathers play a vital role in their children’s lives, in the nurturing and rearing of children at home. Policies and legislation shall be enacted and programs shall be designed and implemented for the inclusion of their critical role. Fathers shall be equally responsible in the rearing and nurturing of the children in the home and be their role models.
Equal opportunity shall be provided the boy children for them to benefit from the health, nutrition, education and other basic services for their full growth.
SECTION 18. ROLE OF EDUCATIONAL INSTITUTIONS – Educational institutions shall work together with parents, community organizations and agencies concerned with the activities of children and youth.
SECTION 19. ROLE OF MASS MEDIA. – The mass media shall be aware of their extensive social role and responsibility, as well as their influence, in communications relating to children. They should use their power to protect the rights of children by relaying consistent messages through a balanced approach. Special attention should be given to effective anti-drug awareness campaigns and delinquency prevention.
Mentioning of children’s name in broadcast or public address who are involved in crimes either as suspect or a victim must be withheld.
SECTION 20. ROLE OF JUDICIAL INSTITUTIONS – In the administration of justice, courts, prosecutors and other actors shall ensure that the rights of children are protected and promoted at all times. They shall conduct programs and activities geared towards enhancing children’s rights.
SECTION 21. ROLE OF LOCAL GOVERNMENT UNITS – The local government units (LGUs) shall come up with comprehensive programs for children and allocate appropriate budgets for their implementation.
SECTION 22. ROLE OF LOCAL COUNCIL FOR THE WELFARE OF
CHILDREN. – These councils shall, in addition to their existing duties and functions, coordinate with and assist their corresponding LGUs in coming up with comprehensive programs for children and be the primary body to oversee the implementation of such programs.
SECTION 23. ROLE OF THE SANGGUNIANG KABATAAN. – The Sangguniang Kabataan (SK) as established under the Local Government Code shall, in addition to its powers and functions, actively involve itself in the formulation and implementation of prevention and protection programs in the community. It shall coordinate with the local councils for the welfare of children for this purpose. It is encouraged that the SK shall provide at least 50% of its annual budget to prevention programs for the youth.
PROGRAMS AND SERVICES FOR CHILDREN
A. Comprehensive Programs for Children
SECTION 24. COMPREHENSIVE PROGRAM FOR CHILDREN. – The
municipality shall, within one (1) year from the effectivity of this Code and every three (3) years thereafter, formulate a comprehensive program for children covering at least a three-year period. Such program shall include prevention, protection as well as rehabilitation programs for children, and shall emphasize prevention of children’s rights violations to include prevention of child abuse, juvenile delinquency, drug addiction, and other children’s problems.
SECTION 25. THE COMMUNITY APPROACH. – The community approach shall be given special attention in the comprehensive program for children. This involves addressing community-wide issues and improving the overall environment of the neighborhood in order to prevent violations of children’s rights through mobilization of human resources within the community. Volunteerism among members of the community to assist in the implementation of the programs shall be encouraged. Community-based services and programs which respond to the special needs, problems, interest and concerns of young persons and which offer appropriate counseling and guidance to children and their families should be developed, or strengthened where they exist.
SECTION 26. PROCESS IN FORMULATING COMPREHENSIVE CHILDREN’S
The process in coming up with Comprehensive Children’s Programs shall be participatory and consultative. The LGU in coordination with the local council for the welfare of children, shall call on all sectors concerned, particularly child-focused institutions, NGOs, people’s organizations, youth organizations, children’s councils, educational institutions and government agencies involved with children’s concerns like the Department of Social Welfare and Development (DSWD), Department of Health (DOH), and the Department of Education (DepEd) to participate in the planning and Development process.
The LGU should see to it that the children and youth themselves participate in the formulation, development and implementation of these programs, particularly in the identification of needs.
SECTION 27. PERIODIC REVIEW AND ASSESSMENT OF THE
COMPREHENSIVE CHILDREN’S PROGRAMS – The Comprehensive Children’s Programs shall be reviewed and assessed yearly by the LGUs in coordination with the local councils for the welfare of children. The programs shall be reviewed by any Provincial or National Council for the Welfare of Children as to their effectivity in preventing children’s rights violations based on the indicators identified in the program. The programs may be modified accordingly.
B. Programs to Prevent Children’s Rights Violations
SECTION 28. PREVENTION PROGRAMS. – Prevention programs which shall be an important component of the Comprehensive Children’s Programs to be implemented by the LGUs through the local councils for the welfare of children, schools, youth organizations and other concerned agencies, These programs shall consist of three levels:
a. Primary prevention – general measures to promote social justice and equal opportunity which tackle perceived root causes of children’s rights violations such as poverty and other forms of marginalization;
b. Secondary prevention – measures to assist children who are identified as being more particularly at risk such as those whose parents are themselves in special difficulty or are not caring appropriately for them;
c. Tertiary prevention – schemes to avoid and prevent children’s rights violations from happening again.
In all three levels of prevention, official intervention should be pursued primarily in the overall interest of the young person and guided by fairness and equity.
C. Other Proactive Programs
1. Parenting Orientation
SECTION 29. PARENTING ORIENTATION COURSES.
a. Every marriage license applicant shall be required to participate in a Parenting Orientation Course I with Gender and Child Sensitivity, among other requirements, prior to the issuance of a marriage license by the Office of the Local Civil Registrar. This course becomes an integral part of existing family planning seminars or reproductive health courses. The Council for the Welfare of Children in close coordination with the Municipal Health Office and the Office of the Local Civil Registrar shall update the design of the family planning seminar in consonance with the Ordinance;
b. As a follow-up to the Parenting Orientation Course I, parents/guardians shall also be encouraged to participate in a Parenting Orientation Course II, during the school year a child is enrolled in either a public or private day care center in the Municipality of Maribojoc;
c. Such course may also be incorporated in Parent-Teacher Community Association (PTCA) activities for the school year in the elementary and high school levels.
The Municipal Council for the Welfare of Children and the Office of the Municipal Social Welfare and Development shall institute the designing of modules for the courses and in close coordination with the NGOs with child-focused programs.
2. Health Care
SECTION 30. PRIMARY HEALTH CARE -The Municipal Government of Maribojoc shall implement primary health care and nutrition programs for the children in coordination with the Municipal Health Office and the Office of the MSWDO.
SECTION 31. PROMOTION OF PRIMARY HEALTH CARE PROGRAMS-The barangay health center shall designate a barangay child health officer to monitor children’s health in the barangay level or should there be any barangay health worker who can assume the said task, the Barangay Captain shall designate such BHW to give special attention to the health of the child as an additional task or function of a Barangay Health Worker and such worker shall receive additional incentive which shall be part of the budgetary consideration of the Municipal Government subject to availability of funds.
To further ensure the implementation of this Section, the Municipal Government of Maribojoc shall take appropriate action/measure towards the achievement of the following:
a. To combat disease and malnutrition within the framework of primary health care through, application of readily available technology and through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution;
b. To establish a comprehensive parents Orientation Development Program which includes gender-responsive courses on reproductive health, child health and child-rearing practices in the context of the Filipino psychology;
c. To monitor the full implementation of the Milk Code of the Philippines and advocate for the prosecution of milk firms which violate such code;
d. To conduct massive information and education on breastfeeding, utilizing existing reference materials for effective breastfeeding education program. Integrating information on breastfeeding shall be an integral part of ones parental values.
SECTION 32. CHILD AND GENDER SENSITIVITY TRAINING FOR HEALTH WORKERS. – All municipal and barangay health workers shall be required to attend training courses on child and gender sensitivity to be conducted by organizations duly accredited by the Municipal Council for the Welfare of Children.
SECTION 33. CHILD – AND FAMILY – FRIENDLY HOSPITALS IN THE MUNICIPALITY. – All hospitals in the Municipality shall set up child-friendly units to include rooming-in facilities and pediatric-appropriate mechanisms and gadgets. They may also not deny spouse access inside the delivery room during the delivery of their spouse.
SECTION 34. PROGRAM FOR CHILDREN WITH SPECIAL NEEDS. – The Municipal Government of Maribojoc shall make a periodic child-focused and child-specific comprehensive survey on children with disabilities in the municipality as basis for a more systematic coordination of services (health, nutrition and education) for children with special needs.
SECTION 35. EDUCATORS’ AND HEALTH PROFESSIONALS’ TRAINING FOR THE SPECIAL PROGRAM ON CHILDREN WITH SPECIAL NEEDS. – A training program for educators and health professionals handling children with disabilities and special needs shall form part of the priority of the Municipal Government of Maribojoc.
3. Under Five Program and Establishment of Day Care Centers
SECTION 36. UNDER FIVE PROGRAM FRAMEWORK. – The Municipal
Government of Maribojoc shall ensure to the maximum extent possible for the survival and development of the child. The program on survival and development shall include the following:
a. Monitoring of registration of births and the completion of the immunization series for prevention of tuberculosis, diphtheria, pertussis, tetanus, measles, poliomyelitis, hepatitis B and such other diseases for which vaccines have been developed for administration to children up to five (5) years of age;
b. The barangay officials and their barangay-level support systems, may call upon law enforcement agencies when there is an abused, neglected and exploited child who needs to be rescued from an unbearable home situation.
c. An appropriate Health Care Station for pregnant mothers for prenatal and neonatal care and, in the proper care, for delivery of the infant under conditions which will eliminate or minimize risks to mother and child: Provided, that high-risk mothers shall be referred to the proper tertiary or secondary care service personnel or facility and children who are at risk from any condition or illness will be brought thereto for care: Provided further, that hilots (traditional birth attendants) and barangay health workers are provided with the needed basic training to recognize high-risk pregnancies which should be referred to competent obstetrical and pediatric medical care;
d. A barangay level network of assistance from among the adults of the community for the total development and protection of children;
e. Unstructured combined with structured learning exercises for children under early childhood education shall be instituted in the day care centers respecting the participation rights of the child;
f. A pool of trained day care or child development workers with an upgraded salary scheme commensurate to the task assigned to them.
SECTION 37. POPULATION-BASED DAY CARE CENTER SETTING UP. – Pursuant to the Republic Act 6972 or the Barangay-Level Total Development and Protection of Children Act, day care centers shall be set up in every barangy in the municipality. The number of such centers shall depend on the population level of the children and how depressed the barangay is as determined by the respective municipal council for the welfare of children in coordination with their respective social welfare (MSWDO) offices.
SECTION 38. IMPORTANCE OF DAY CARE SERVICE – Day care service addresses the needs in the crucial stages of a child’s growth. By the age of five (5), a child’s brain has already grown to 90 percent of its adult weight and much of the way he/she envisions and interacts with the world has been shaped. Thus, the child’s formative years and the care that he/she gets during this period would significantly affect his/her learning capacity, personal and social interaction well into adulthood.
While parents have the primary responsibility to provide for their children’s physical, emotional, psychological, mental and social needs, day care service aims to supplement the inability of some parents to provide their children with the proper care and home environment.
Specifically, the Day Care Center aims to help the child:
a. Become physically fit through proper care and nutrition;
b. Develop self-confidence, self-expression and self-discipline;
c. Relate well with others;
d. Develop mental, intellectual, verbal and psychomotor skills;
e. Develop strong spiritual, socio-cultural and nationalistic values as well as positive attitudes towards the family, community and society in general;
f. Be protected from all forms of neglect, abuse, cruelty and exploitation.
SECTION 39. SETTING UP OF DAY CARE CENTERS BY COMMUNITY-BASED ORGANIZATIONS. – Community-based organizations can help mobilize resources to complement the efforts of LGUs in establishing day care centers in their communities. In this way, more children needing attention can be reached.
SECTION 40. DAY CARE WORKER AND SUPPORT GROUP.
a. The local government unit/ barangay shall pay for the day care worker’s (DCW) allowance and honorarium. The DSWD shall provide continuing technical assistance to the center.
b. A Community Volunteer Parents Group shall be organized to be an effective support group to the center. The volunteer group shall help mobilize resources for the improvement of the equipment, and other support activities.
4. Recreational and Cultural Programs
SECTION 41. BARANGAY-LEVEL RECREATIONAL AND CULTURAL
FACILITIES AND PROGRAM. – A barangay-level program for the revival of indigenous games and recreation shall be installed. Research and documentation of indigenous games and pastimes shall be undertaken by the Center for Culture and Arts Development (CCAD) of the Province of Bohol. Every barangay in the Municipality shall allocate space for recreational facilities appropriate for different age groups. A year-round cultural program appropriate for different age groups shall be designed with due respect to cultural diversity. Indigenous games shall be encouraged in various athletic and sports programs of the local government units.
SECTION 42. LOCAL CHILDREN’S LITERATURE. – In support of the thrust for the socio-cultural development of children in the Municipality of Maribojoc LGU shall invest in the promotion and educational materials.
SECTION 43. OTHER CHILD-FRIENDLY FACILITIES. – Local government units in partnership with Non Government Organization’s (NGOs) and civic organizations are also encouraged to puff up and maintain other child-friendly facilities such as but not limited to libraries, museums, parks and playgrounds.
5. Children’s Month & Children’ Day Celebration
SECTION 44. OCTOBER AS CHILDREN’S MONTH. – In keeping with the mandate of Presidential Proclamation no. 267 signed on Sept. 30, 1993 declaring the month of October as National Children’s Month, the local council for the Welfare of Children shall conduct child-focused activities for the month promoting the rights and responsibilities of Filipino children as well as the obligation of the people and institutions responsible in ensuring the well-being of Filipino children.
SECTION 45. OCTOBER 17 OF EVERY YEAR AS NATIONAL CHILDREN’S DAY. – Pursuant to Presidential Proclamation No. 74 dated October 16, 1992 declaring the 17th day of October every year as National Children’s Day to honor Filipino children and to emphasize the importance of their role within the family and within society, the local councils for the welfare of children are mandated to observe Children’s Day with activities highlighting the rights roles and responsibilities of children.
D. Crisis Intervention Program
SECTION 46. ESTABLISHMENT AND RATIONALE OF THE CRISIS
INTERVENTION CENTER. – In recognition of the special need for the protection assistance and Development of Children in consonance with the spirit and letter of the constitutional provision and Republic Act 7610 mandating the protection against child abuse, exploitation and likewise R.A. Act 8505 mandating the establishment of a Crisis Intervention Center in every province, city/municipality authorizing the appropriation of funds therefore, a crisis intervention center shall be established in the municipality if and when deemed urgent. The services of the center shall not be limited to abused children but shall equally cater to the other vulnerable sectors of society particularly women.
SECTION 47. OBJECTIVE OF THE CRISIS INTERVENTION CENTER. – The Crisis Intervention Center shall have the following objectives:
a. To provide temporary shelter and basic services to abused children and women;
b. To network with non-government organizations and government agencies for the provision of the needed medical, psycho-social and legal services necessary in restoring /building the self-esteem of its clients;
c. To encourage and build the capacities of abused children and women to come into the open and pursue cases in court whenever they are ready;
d. To provide life skills and livelihood training to abused children and women while in the center to enable them to be productive and as a form of therapy;
e. To provide livelihood assistance and placement to abused children and women who are ready to be reinvestigated with their families and communities;
f. To conduct a town-wide education and advocacy program aimed at raising public awareness from the evils of child abuse and domestic violence, and a massive information dissemination on the rights of children and women;
g. To link with the local government unit in the enforcement of the law or recommend for legislations certain matters aimed at the protection of children and women for policy reforms.
SECTION 48. ORGANIZATIONAL STRUCTURE, MANAGEMENT AND OPERATIONS OF THE CENTER.
a. The Municipal Welfare of Children Council will formulate the organizational structure of the center depending on the need of its services;
b. The member agencies of the said Council as well as those who shall pledge support for the center shall sign a Memorandum of Agreement for their commitment of service or resources to ensure the sustainability of the center’s services;
c. The Center will be under the supervision of the Office of the MSWDO;
d. The Office of the MSWD and the Municipal Children’s Welfare Council in coordination with the LGU shall issue the necessary rules, policies regulations and guidelines for the effective implementation of the programs of the center.
SECTION 49. BUDGET ALLOCATION FOR THE CRISIS INTERVENTION CENTER OPERATIONS AND MAINTENANCE. – The Municipal Government of Maribojoc shall provide support for the construction, maintenance and continued operations of the Crisis Intervention Center by appropriating specific funds which shall form part of the Office of the Municipal Social Welfare and Development annual appropriation, subject to availability of funds.
A. Prohibited Acts
SECTION 50. PROHIBITED ACTS. – In addition to all acts defined and penalized under R.A. 7610 on Child Abuse and Exploitation, R.A. 7658 on Child Labor and other pertinent laws, the following acts shall likewise be punishable:
1. Illegal recruitment – Any person who recruits other persons for work shall be required to register with and secure permit from the Office of the Punong Barangay in the place of recruitment with an undertaking not to recruit children.
There is a presumption of illegal trafficking when a person is found together with three or more minors not his/her relatives at the pier or port of exit for the purpose of transporting the minors to another place without any permit from the Punong Barangay.
2. Peonage of children – Offering a child or the services of a child as payment for a
debt or in exchange for a favor, such as but not limited to;
a. Working in agricultural industries like rice and corn plantations or farms;
b. Working as house helpers;
3. Pre-arrangement for marriage – Pre-arrangement (buya) made by parents or guardians to marry off their children or wards. One manifestation of pre-arrangement may be when two (2) families meet to seriously talk about the marriage of their children to each other;
4. Using girls as commodities in benefit dances – Organizers of benefit dances, persons facilitating or anchoring such benefit dances shall be penalized under this section if they shall use children as dancing partners for payment or fee to the organizers;
5. Discrimination of illegitimate children – For schools to discriminate illegitimate children as follows but not limited to the following;
a. Refusal to accept enrollment of illegitimate children in the school by one’s illegitimacy;
b. Requiring the marriage contract of parents as a requirement for enrolment of the child;
c. Expulsion by Reason of Pregnancy – For schools to impose a penalty of expulsion against a child who has complied with all academic requirements by reason of her pregnancy. Schools may impose any other appropriate penalty (in pursuant to this code or any laws) which shall be made applicable to the pregnant girl and her partner if such partner is also enrolled in the same school;
d. Refusal to Graduate by Reason of Pregnancy – For schools to refuse to graduate a child who has complied with or is willing to comply with all academic requirements by reason of pregnancy;
e. Refusal to Issue Clearance by Reason of Pregnancy – For schools to refuse to issue clearances to a child by reason of pregnancy.
6. Physical and degrading forms of punishment – Subjecting the child to physical and degrading forms of punishment such as but not limited to the following:
a. Humiliating a child before his/her fellow students or classmate;
b. Placing a child inside a sack and/or hanging him/her;
c. Shaving the head of a child as means of punishment;
d. Whipping harshly the child with a use of a belt, stick or any object of its like;
e. Stripping the child of his/her clothes;
f. Locking up the child in a cabinet or aparador or any closed structure;
g. Tying up the child or otherwise detaining him/her;
h. Throwing objects such as but not limited to erasers, chalk, notebook or the like at the child;
i. Pulling the hair of the child;
j. Making the child stand under the heat of the sun;
k. Exposing the child to be bitten by ants;
l. Ordering or directing a child to kneel as means of punishment;
m. Sitting on the air;
n. Sexual harassment or any acts of lasciviousness;
o. Verbal abuse, that emotionally affect the child’s development and health;
p. Forcing the child to gather firewood;
q. Forcing the child to go on fishing.
7. Pushing/Enticing minors to live-in arrangements – It shall be unlawful for parents to entice, encourage and/or push their children to live together with any person as husband and wife in exchange for money or any other considerations;
8. Sexual exploitation of minors – Sexual exploitation of children by any person, foreigner or otherwise, shall be prohibited. Consorting with children not related by affinity or consanguinity, with public display of lascivious conduct shall be considered prima facie evidence of sexual exploitation;
9. Entry, selling and distribution of pornographic materials – The Local Council for the Welfare of Children/local law enforcers shall monitor and prevent the entry of pornographic materials. It shall be unlawful for any person to sell and distribute such materials;
10. Selling liquor, cigarettes, rugby and other addicting substances to a child. – It shall be unlawful for any person or entity to sell liquor, cigarette, rugby or any addicting substance to a child;
11. Enticing minors to drink or offering to drink any liquor or alcoholic drinks and substances except upon medical advise. – It shall be unlawful for any person or entity to entice minors to drink or offer to drink on any liquor or substance that shall cause drunkenness except for reasons of medication upon advise of a medical professional;
12. Smoking in enclosed places and public conveyances – Smoking in any enclosed place or public conveyance within the jurisdiction of the municipality of Maribojoc, Bohol shall be prohibited.
The above acts which are likewise punishable in RA 7610 of the Child Abuse Act, RA 7658 on Child Labor, the Revised Penal Code, or other pertinent national laws shall be penalized hereunder, Acts or commission not falling under said laws shall be penalized by imprisonment of one (1) year and a fine not more than One Thousand Pesos (P1, 000.00).
SECTION 51. CONTROL ON CHILDREN’S EXPOSURE TO COMMERCIAL VIDEO GAMES. – Commercial establishments renting out electronic video games to children during school day from 6:30 o’clock in the morning to 5:30 o’clock in the afternoon and beyond 10:00 o’clock in the evening shall be subjected to suspension of business permit for fifteen days (15) during the first offense and, one (1) month suspension of the same for the second offense, Confiscation of video games equipment and cancellation of the business permit of said establishments shall constitute the penalty for the third offense.
SECTION 52. CONTROL ON CHILDREN’S EXPOSURE TO INTERNET CAFÉ. – Internet Cafes catering to children except college students during school days from 6:30 o’clock in the morning to 5:30 in the afternoon and beyond 10:00 o’clock in the evening, shall be subjected to suspension of business permit for 15 days during the first offense and, one (1) month suspension of the same for second offense. Confiscation of computer units and cancellation of the business permit of said establishment shall constitute the penalty for the third offense.
SECTION 53. RIGHTS OF A JUVENILE .- Pursuant to the UNCRC, every child allegedly accused of having infringed the penal law has at least the following guarantees:
a. To be presumed innocent until proven guilty according to law;
b. To be informed promptly and directly of the charges against him or her, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defense;
c. To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age of situation, his or her parents or legal guardians;
d. Not to be compelled to give testimony or to confess guilty; to examine adverse witness and to obtain the participation and examination of the witness on his/her behalf under conditions of equality;
e. If considered to have infringed the penal law, to have the decision and any measures imposed in consequence thereof reviewed by a higher competent, independent, and impartial authority or judicial body according to law;
f. To have the free assistance of an interpreter if the child cannot understand or speak the language used;
g. To have his or her privacy fully respected in all stages of the proceedings.
SECTION 54. SYSTEM OF DIVERSION – A system of diversion is hereby established wherein juveniles shall as much as possible be referred to alternative measures without undergoing court proceedings. Diversion shall apply to child of youth as defined in Section 7 of this Code and subject to the conditions hereinafter provided.
SECTION 55. LEVELS OF DIVERSION – Diversion shall be conducted at the barangay and police levels, The Lupong Tagapamayapa and the Child and Youth Relations Unit (CYRU) are the competent authorities to conduct diversion proceedings.
SECTION 56. DUTY TO INFORM CHILD OF HIS/HER OFFENSE. – The
competent authorities are duty-bound to explain to the minor in a language known and understood by her/him the consequences of his/her acts and/or omission. The minor’s responsibility for the commission of any felony shall be explained to him/her with a view towards counseling and rehabilitating him/her, and avoiding his/her contact with the criminal. Justice system and indemnifying the victim/s if there by any.
SECTION 57. INDIGENOUS MODES OF DIVERSION. – Indigenous modes of conflict resolution in harmony with international and national human rights and child’s right shall be optimized. The family shall be held answerable as well as exercise parental care and supervision over the person of the minor.
SECTION 58. TERMINATION OF CASE. – If the competent authorities determine that the child did not commit the offense charged, the case shall be terminated and a decision to that effect shall be written and explained to both parties.
SECTION 59. CONFESSION OR ADMISSION OF OFFENSE – If the child voluntarily admits or confesses to the commission of the offense charged, the competent authorities shall decide on the diversion programs to be undertaken by the child. Any admission or confession of the child shall be signed by the child and countersigned by the parents or legal guardian, and any of the following in the following order: MSWDO, the nearest relative, member of a child focused group, religious group or a member of a Barangay Council for the Protection of Children concerned. They shall see to it that the confession of the child is voluntarily executed.
If the child does not admit or confess to the commission of the offense and the weight of the evidence presented shows that the child conclusively committed the offense, the competent authorities shall endeavor to make the child realize his/her responsibility and obligation arising from the commission of the offense as well as the penalties imposed therefore.
During any stage of the diversion proceedings, any admission or confession of a child for an offense shall be inadmissible as evidence against the child should the diversion proceedings fail. Neither shall the same be held to be admissible in evidence against the child before any proceedings.
SECTION 60. PROHIBITION AGAINST LABELING. – In all conduct of the proceedings, beginning from the initial contact of the child, the competent authorities must refrain from branding or labeling minors as criminals, juvenile delinquents, prostitutes, snatchers, rugby boys or attaching to them in any manner any other derogatory names. Likewise, the discriminatory remarks and practices shall be allowed particularly with respect to the minor’s class or ethnic origins. The officer violating this provision shall be administratively and criminally dealt with.
Likewise, degrading, in human and cruel forms of punishment such as shaving the heads of minors, pouring irritating, corrosive or harmful substance over their bodies, or forcing minors to walk around the community wearing signs which embarrass, humiliate and degrade their personhood and dignity and which harm them psychologically, emotionally, spiritually, morally, and physically shall be prohibited.
No minors shall likewise be made subject to involuntary servitude in any and all forms under any and all instance by their arresting officers and/or custodians. Designating and/or compelling minors to act and serve as errand boys/girls, cleaners, or helpers is also prohibited.
Any violation shall be penalized with one (1) year imprisonment and a fine of not more than one Thousand pesos (P1,000.00). However, if these violations are likewise penalized in any national law, the penalty imposed in such national shall be followed.
SECTION 61. DIVERSION PROGRAM, WHEN PROPER. – Where the parties and/or the competent authorities decide that the child must undergo a diversion program, such a continuing program for the rehabilitation and reintegration of the child shall be formulated with the cooperation of the complainant and the child.
SECRION 62. FACTORS IN DETERMINING DIVERSION PROGRAMS. – In determining when the diversion is appropriate and desirable, the following factors shall be taken into consideration:
a. The nature and circumstances of the offense charged;
b. The frequency and the severity of its occurrence;
c. The character and reputation of the child;
d. The circumstances of the accused child (e.g. age, maturity, intelligence, etc.);
e. The influence of the family and environment on the growth of the child;
f. The emotional relief of the victim;
g. The weight of the evidence against the child; and
h. The safety of the community.
SECTION 63. CRITERIA FOR FORMULATING DIVERSION PROGRAMS. – In formulating a diversion program, the individual characteristics and the peculiar circumstances of the child shall be used to formulate an individualized treatment, following factors shall be considered in formulating a diversion program for the child:
a. The child’s feelings of remorse for the offense he or she committed;
b. The parents’ or legal guardians’ ability to guide and supervise the child;
c. The victim’s views about the propriety of the measure to be imposed;
d. The availability of community-based programs for rehabilitation and re-integration of the child;
SECTION 64. DIVERSION PROGRAMS. – The diversion program shall include adequate socio-cultural and psychological responses and services for the child. Diversion programs can include, but are not limited to, the following:
a. Written or oral reprimand or citation;
b. Restitution of property;
c. Reparation of the damage caused;
d. Indemnification of consequential damages;
e. Confiscation and forfeiture of the proceeds or instruments of the crime;
g. Payment of cost of the proceedings;
h. Written or oral apology;
i. Guidance and supervision orders;
j. Counseling for the child and the family;
k. Trainings, seminars, lectures on:
a.) Anger management skills;
b.) Problem wolfing on/or conflict resolutions skills;
c.) Values formation; and
d.) Other skills which will aid the child to deal with situations which can lead to re-offending;
l. Community-based programs available in the community;
m. Institutional care and custody.
SECTION 65. CRITERIA OF COMMUNITY-BASED PROGRAMS. – The Local Government Unit shall establish programs, through the local government unit, that will focus on the rehabilitation and reintegration of the child. All programs shall meet the following criteria:
a. Its primary purpose shall be the rehabilitation and reintegration of the child;
b. Referral to such programs shall need the consent of the child and the parents or legal guardians;
c. The participation of other child-centered agencies; religious, civic and other organizations will be allowed;
SECTION 66. COMMUNITY REINTEGRATION PROGRAMS. – Community Reintegration Programs shall consist of, but shall not be limited to the following:
a. Community service, to be determined by the MSWDO;
b. Membership in civic and/or religious organizations;
SECTION 67. CONDITIONS FOR DIVERSION PROGRAM. – In all cases where a child is required to undergo a diversion program, the following conditions shall be mandatory:
a. A contract of diversion containing the diversion program to be undergone by the child shall be signed by the authority concerned and the child;
b. The child shall present himself or herself to the competent authorities that imposed the diversion program at least once a month for reporting and review of the effectiveness of the program;
c. The child shall cooperate and faithfully comply with the conditions in the contract;
d. The child shall permit the competent authorities and/ or the local Social Welfare and Development Officer to visit the child’s home;
e. The child and other parties concerned shall satisfy conditions related to the diversion program as long as such conditions are not contrary to law, morals and good customs. Such other conditions shall be considered void and shall not affect the conditions that are validly agreed upon and written in the contract of diversion.
SECTION 68. APPLICABILITY OF THE KATARUNGANG PAMBARANGAY. – The Katarungang Pambarangay Law shall be applied as part of the diversion process for offenses punishable by imprisonment not exceeding one (1) month or a fine not exceeding One Thousand Pesos (P1,000.00).
SECTION 69. TRAINING OF THE LUPONG TAGAPAMAYAPA. – In addition to the requirement provided in Section 399 of the Local Government Code, the members constituting the Lupon shall be provided with regular training by the local government unit (LGU) concerned; in cooperation with the local Social Welfare and Development Officer and NGOs specializing in children, which trainings shall include, among others, conflict management and mediation skills, paralegal seminars on laws on children and child psychology.
SECTION 70. ASSISTANCE OF CHILD BY PARENTS. – Any agreement resulting in barangay conciliation shall also be signed by the child with the assistance of any of the following in the following order: the parents, legal guardian, MSWDO, a relative, a member of a child-focused group, or a member of the Barangay Council for the Protection of Children concerned. Otherwise, such documents shall be null and void.
SECTION 71. REFERRAL TO DIVERSION PROGRAMS. – In the process of conciliation, the Lupon or the Pangkat as the case may be shall encourage the inclusion of community service program or other form of diversion to be included in the settlement.
SECTION 72. DESIGNATION OF OFFICER OR UNIT TO HANDLE CASES INVOLVING YOUTH OFFICERS – The (PNP) LGU shall designate a Child and Youth Relation Officer or Unit (CYRO or CYRU) to handle cases involving youth offenders. This may be coordinated (integrated) with the present Women and Children’s Desk or may be a separate unit, depending on the conditions of the area.
SECTION 73. PROCEDURE BEFORE THE CYRU – Cases involving juveniles shall be referred to the CYRO or CYRU which shall conduct an initial inquiry in accordance with the procedure for judicial proceeding and custody as outlined in Section 25 of R.A. 7610 or the Child Abuse Act.
SECTION 74. DUTY OF THE CYRU – After the initial inquiry, if the offense does not fall under the Katarungang Pambarangay as provided under Section 55, the CYRO or the CYRU shall conduct further investigation of the child pursuant to Section 25 of R.A. 7610 or the Child Abuse Act, otherwise it shall refer the case to the barangay.
SECTION 75. MANNER OF INVESTIGATION OF A JUVENILE. – A child shall only be investigated or his/her statement secured in the presence of any of the following in the following order: his/her parents/guardian, the nearest relative, member of a child focused group, religious group, member of the Barangay Council for the Protection of Children concerned, or the Local Social Welfare and Development Officer, and his/her counsel. In their presence, the child shall be informed of his/her constitutional rights to remain silent and to competent and independent counsel of his/her own choice in a language that is clearly understood by the child, the parents or guardian.
If the child cannot be represented by counsel of his/her own choice, the CYRU or the CYRO shall contact a member of the Public Attorney’s Office to assist the child, Any confessions and admissions in violation of these rights are inadmissible as evidence against the child. In no case shall deceit, false promises, intimidations or harassment be employed against the child. Respect for the human rights of the child, as provided by both international and Philippine laws, shall be of paramount consideration during the custodial investigation.
SECTION 76. DIVERSION, WHEN PROPER – Where there is no private offended party, or where the offended party and the child give consent to a diversion, the CYRU or CYRO in consultation with the child’s parents/guardian, the nearest relative, member of a child-focused group, member of a religious group, member of the Barangay Council for the Protection of Children concerned, or the Local social welfare and development officer shall formulate a diversion program and refer the child to the appropriate agencies for compliance of the program.
SECTION 77. RIGHT OF THE JUVENILE TO COUNSEL – From custodial investigation and throughout the proceedings, the juvenile shall have the right to be represented by counsel. The arresting officer, prosecutor or judge shall ensure that the juvenile is represented by counsel before proceeding with the investigation or trial. Any confession or admission made in any proceeding without the assistance of counsel shall be null and void.
SECTION 78. CUSTODY AND SUPERVISION. – No child shall be removed from parental supervision whether partly or entirely unless the circumstances of his or her case make protective custody necessary. The competent authorities conducting diversion proceedings shall immediately commit the child to the custody of the parents or legal guardian who shall be responsible for the presence of the child during the diversion proceedings. In the absence of the parents or legal guardian, the child shall be committed to the care of the nearest relative, a member of the Barangay, Council for the Protection of Children, or the local MSWDO. If necessary the MSWDO may refer the child to the appropriate child-caring institution.
SECTION 79. CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. – All records and proceedings involving children shall be confidential. The public shall be excluded during all proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings. The competent authorities shall undertake all measures, including non-disclosure of records to the media, maintaining a separate police blotter of cases involving children and adopting a system of coding to conceal material information which will lead to the child’s identity. Records of juvenile offenders shall not be used in adult proceedings in the subsequent cases involving the same offenders.
SECTION 80. CARE AND MAINTENANCE OF JUVENILES. – The parents or other person liable to support the child shall pay the expenses for the care and maintenance of said child whose disposition of the case is institutionalization. The disposition shall include the proportion of support if such person is not capable of paying the said amount and the rest shall be paid by the LGU maintaining such facility.
SECTION 81. REINTEGRATION PROGRAMS. – The Local Government Unit is encouraged to implement reintegration programs for a juvenile who is released by the court. This is for the purpose of preparing the juvenile for reintegration to the community.
A. Local Council for the Welfare of Children.
SECTION 82. CREATION OF MUNICIPAL COUNCIL FOR THE WELFARE OF CHILDREN. – The Sangguniang Bayan shall create a council for Children known as the Municipal Council for the Welfare of Children (MCWC) and coordinate with the LGU in the creation and organization of the Municipal Council for the Welfare of Children and the Barangay Council for the Protection of Children (BCPC) at the barangay level. This is in keeping with the mandate of the Council for the Welfare of Children (CWC) to coordinate the formulation, implementation and enforcement of all policies, programs and projects relative to the survival, development and protection of children of the local councils.
The Municipal Council for the Welfare of Children (MCWC) shall ensure the effective implementation of the Philippine Government’s commitment to the Convention on the Rights of the Child, World Declaration on the Survival Development and Protection of Children, and the Philippine Plan of Action for Children (PPAC).
It shall plan and implement programs and services for children by virtue of the LGU’s power and authority to plan and implement local socio-economic development plans, policies, and programs.
SECTION 83. COMPOSITION AND FUNCTIONS OF THE MUNICIPAL COUNCIL FOR THE WELFARE OF CHILDREN (MCWC). –
A. Members of the MCWC shall include the following agencies/ units or offices, and other agencies if deems important depending on the current specific situation/ problems of the locality:
a. Municipal Mayor;
b. The Chairperson of the Sangguniang Bayan Committee on Women, Children and Family Affairs;
c. The Municipal Social Welfare and Development Officer (MSWDO);
d. The Chairperson of the Sangguniang Bayan Committee on Health;
e. The Municipal Health Officer;
f. The Schools District Supervisor;
g. The Chief of Police;
h. The Chairman of the SK Federation;
i. The ABC President;
j. Representative of the Business Sector;
k. One (1) child Representative;
l. MLGOO (Municipal Local Government Operations Officer);
m. The MPDC (Municipal Planning and Development Council);
n. The BHRAO (Barangay Human Rights Assistance Officer)
B. The MCWC shall have the following functions:
1.To review and integrate the Municipal programs and projects needing assistance into the Municipal Program for Children;
2. To monitor and review the implementation of the municipal programs;
3. To submit quarterly status reports on the implementation of the municipal programs to the Provincial Council for the Welfare of Children;
4. To recommend policies and programs to the Municipal Development Council and to the Sangguniang Bayan;
5. To mobilize resource assistance, specifically, to provide appropriate support to child-related projects/ activities as recommended by the local councils for the welfare of children;
6. To provide the necessary technical assistance to the municipal/barangay councils if called for;
7. To advocate for the passage of ordinance pertinent to child survival, protection, participation and development with appropriate funding support; and
8. To identify and recommend programs and services to be contracted for implementation of this Code.
Secretariat support shall be provided by the Office of the Municipal Social Welfare and Development (MSWD). The Secretariat shall be responsible for the documentation of proceedings of meetings and preparation of the reports and other necessary documents as needed by the Council.
SECTION 84. CREATION OF A COUNCIL AT THE BARANGAY LEVEL FOR THE PROTECTION OF CHILDREN (BCPC). – The barangay council shall create a Barangay Council for the Protection of Children (BCPC), the composition of which shall be determined by the former depending on the needs and circumstance in the area. The BCPC shall have the following functions:
a. To foster education of every child in the barangay; (To ensure that every child in the barangay acquired at least an elementary education);
b. To encourage the proper performance of the duties of the parents and provide learning opportunities on the adequate rearing of children and on positive parent-child relationships;
c. To report all cases of child abuse to the proper authorities;
d. To protect and assist abandoned, maltreated and abused children and facilitate their cases filed against child abusers;
e. To prevent child labor in their area and to protect working children from abuses and exploitation;
f. To take steps to prevent juvenile delinquency and to assist children with behavioral problems so that they can provide expert advice;
g. To adopt measure to promote the health and nutrition of children;
h. To promote the opening and maintenance of playgrounds and day care centers and other services that are necessary for child and youth welfare;
i. To secure the cooperation of organizations devoted to the welfare of children and coordinate their activities;
j. To promote wholesome entertainment in the community especially in movie-houses;
k. To assist parents whenever necessary in occurring expert guidance counseling from the proper governmental or private welfare agencies;
l. To advocate for the passage of child-friendly barangay ordinances in response to child-related issues and concerns;
m. To prepare the barangay plans of action for children which address the needs of children in the community and ensure their integration into the Barangay Development Plan and implementation by the barangay; and
n. To submit quarterly barangay accomplishment reports on the implementation of the plan to the Municipal Council for the Welfare of Children (MCWC).
SECTION 85. REPRESENTATION OF NON-GOVERNMENTAL
ORGANIZATIONS IN THE COUNCILS FOR CHILDREN. – The local legislative council shall invite Non Government Organization’s (NGOs) with child-focused programs for membership in the council for the welfare of children, provided that these non-government organizations are duly accredited by the local sanggunian concerned based on its criteria of accreditation.
SECTION 86. INTERNAL RULES OF THE COUNCILS FOR THE WELFARE OF CHILDREN. – The local councils for the welfare of children shall adopt their own internal rules of procedures and regulations to serve as guidelines for the members in the discharge of their official functions such as the organization’s structure, parliamentary procedure, order of meeting and quorums, discipline and such other rules the council may adopt.
B. Desk for Children’s Concerns.
SECTION 87. CREATION OF A DESK FOR CHILDREN’S CONCERNS. – There shall be created a Desk for Children’s Concerns under the Office of the Municipal Welfare Development Office.
SECTION 88. FUNCTIONS OF DESK FOR CHILDREN’S CONCERNS. – The Desk for Children’s Concerns shall:
a. Act as secretariat for the Maribojoc Council for the Welfare of Children (MCWC);
b. Oversee and coordinate the implementation of this Code; and
c. Be in charge of the day-to-day operations of Maribojoc Council for the Welfare of Children (MCWC).
SECTION 89. CONSULTATIONS WITH THE DESK FOR CHILDREN’S
CONCERNS. – The Desk for Children’s Concerns shall be consulted by local government units and other bodies whenever they are considering proposals to change or repeal existing legislation or to introduce new legislation likely to affect children’s lives.
SECTION 90. REPORTING TO THE UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD. – The Desk for Children’s Concerns shall be consulted over the reporting obligations under the United Nations (UN) Convention on the Rights of the Child. Concerned government agencies in the municipality are required to consult the Desk for Children’s Concerns in the process of drafting their reports to the Committee on the Rights of the Child and to give due consideration to their comments;
SECTION 91. CHILD IMPACT STATEMENTS. – Local government units are required to prepare “child impact statements” indicating the likely repercussions of proposed legislation or policy on children and submit these to the Desk for Children’s Concerns.
SECTION 92. MANDATORY CONSULTATIONS. – Prior to the implementation of any national project by any and all national government agencies, bureaus, or offices affecting children, the express approval by the Municipal Mayor and the Sangguniang Bayan shall be obtained after the holding of the public hearings on the matter and after consultation with the Desk for Children’s Concerns.
REMEDIAL MEASURES AND PENAL PROVISIONS
SECTION 93. PERSONS WHO MAY FILE A COMPLAINT – Complaints on unlawful acts committed against children as enumerated herein may be filed by the following:
a. Offended party;
b. Parents or guardians;
c. Ascendant or collateral relative with the third degree of consanguinity;
d. Officer, social worker of representative of a licensed child-caring institutions;
e. Municipal Social Welfare Development Officer (MSWDO);
f. Punong Barangay; or
g. At least three (3) concerned responsible citizens residing in the community where the violations occurred & assisted by the Barangay Human Rights Officer of the barangay concerned.
SECTION 94. PROTECTIVE CUSTODY OF THE CHILD. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development (DSWD) through the Municipal Social Welfare and Development Officer (MSWDO) pursuant to Executive Order No. 56 series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare & Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
SECTION 95. CONFIDENTIALITY. – At the instance of the offended party, his/her name may be withheld from the public until the court acquires jurisdiction over the case. It shall be unlawful for any editor or publisher and reporter or columnist in case of printed materials, announcer or producer in case of the movie industry, to cause undue and sensationalized publicity of any case of violations of this Act which results in the moral degradation and suffering of the offended party.
SECTION 96. REPORTING. – A person who learns the fact or circumstances that give rise to the belief that a child has suffered abuse may report the same, either orally or in writing to the Department of Social Welfare & Development through the Municipal Social Welfare and Development Officer (MSWDO) of the Municipality furnishing copy to the Barangay Children Protection Council concerned.
SECTION 97. MANDATORY REPORTING. – The head of any public or private hospital, medical clinic and similar institution as well as the attending Physicians and nurses, shall report, either orally or in writing, to the above-mentioned department or agency the examination and/or treatment of a child who appears to have suffered abuse within twenty-four (24) hours from the knowledge of the same.
SECTION 98. DUTY OF GOVERNMENT WORKERS TO REPORT. – It shall be the duty of all teachers and administrators in public schools, probation officers, government lawyers, law enforcement officers, barangay officials, correction officers and other government officials and employees whose work involves dealing with children to report of possible child abuse to the authorities mentioned in the preceding sections.
SECTION 99. FAILURE TO REPORT. – Any individual mentioned in Section 107 who possesses knowledge of a possible child abuse and fails to report the case to the proper authorities shall be punishable under R.A. 7610.
SECTION 100. IMMUNITY FOR REPORTING. – Any person who, acting in good faith, reports a case of child abuse shall be from any civil or administrative liability arising there from. There shall be a presumption that any such person acted in good faith.
SECTION 101. PENALTIES. – The penalty for any violation of this Code which is not penalized elsewhere in other sections of this Code or in a national law, shall be imprisoned for six (6) months to one (1) year and / or a fine of P 500.00 to P1,000.00 or both fine and imprisonment upon the discretion of the court, however subject to the following: to wit,
For first time offenders, and where the offender is the parent, or teacher of the child, or relative within the fourth degree of consanguinity, and if he/she admits the offense and is sincere and willing to reform, the penalty may be waived subject to the consent of the child, and the following measures imposed instead:
a. Attendance in parenting or any appropriate seminar;
b. Community service of ten to fifteen (10-15) days;
c. Family therapy;
d. Participation in appropriate training courses.
For offenses punishable under R.A. 7610, R.A. 7658, the Revised Penal Code or any other law as well as this code, the offended party and/ or any party so authorized shall file a complain under the national law, and the penalty in such national law shall be imposed.
SECTION 103. APPROPRIATIONS FOR CHILDREN’S PROGRAMS – The local government unit shall appropriate funds as part of their annual budget for the implementation of children’s programs.
SEPARABILITY / APPLICABILITY / REPEALING AND EFFECTIVITY CLAUSE
SECTION 104. SEPARABILITY CLAUSE – If, for any reason or reasons, any part of provision of this Code shall be held unconstitutional or invalid, other parts of provisions hereof which are not affected thereby shall considered to be in full force and in effect.
SECTION 105. APPLICABILITY CLAUSE – All other matters relating to the
impositions or regulations provided in this code shall be governed by the pertinent provisions of existing laws and other ordinances. This code shall apply to all the people within the territorial jurisdiction of the Maribojoc, Bohol as well as barangay of the Municipality and to all persons who may be subject to the provision of this Code.
SECTION 106. REPEALING CLAUSE – All ordinances, resolutions, executive orders and other issuances which are inconsistent with any of the provisions of this Code are hereby repealed or modified accordingly.
SECTION 107. EFFECTIVITY CLAUSE – This Code shall take effect immediately upon approval.
APPROVED: August 15, 2008
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
ENGR. GABINO C. REDULLA
Municipal Vice Mayor
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
LEONCIO B. EVASCO, JR.