Republic of the Philippines

City of Tloilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD

0

EXCERPT FROM Till' MINUTES OF THE 15 111 REGULAR SESSION OF THE 33"
PANLIJNGSOD OF THE CITY OF JLOILO. PHILIPPINES, HELD AT THE SESSION HALL
NEW CITY HALL 13l'!LDING, PLAZA UBERTJ\D,, ILOILO CITY. ON WEDNESDAY,
APRIL 25, 2012_
PRESENT:
HON. JOSE S. ESPINOSA lil
Presiding Officer
I ION. JOSHUA C. ALIM, Floor Leader
HON.LYNDON V_ ACAP
HON. RODEL F_ i\GADO
HON. ROBERTO E. DIVINAGRACIA, Liga ng rnga llrgy. Pres.
HON. ELY A. ESTANTE, JR_
HON. JEFFREY P. GANI.ON
HON. R LEONE N. GEROCHl
HON_ JASON R_ GONZALES
HON. DA vm RAYMUND c. JAMORA
HON_ SHEEN MARJE S. Mi\BILOG. SK federation Pres.,
HON. NIELEX C. TUPAS
HON. EDWARD C. YEE
HON. PERLAS. ZULUETJ\.

Member
Member
Member
Ex Officio Member
Member
Member
Member
Member
Member
Ex Officio Member
Member
Member
Member

ABSENT:
HON_ PLARIDELC. NAVA JI (On Leave)

Member

KEGlJI"ATION ORDINANCE NO. 2012-195

AN ORDINANCE PROVIDING FOR A COMPREHENSJYE CHJLDREN'S
WELFARE CODE OF THE CTTV OF JLOJLO

Sponsored by Councilor Nielex C. Tupas, co-sponsored by

Councilors Sheen Marie S. Mabilog, Plaridel C. Nava ll. Joshua C
Alim, David Raymund C. Jamora and Lyndon V_ Acap, duly
seconded by Councilor Ely A. Estante, Jr_
WHEREAS. the Philippine Government is a signatory to the United Nations Convention
on the Rights of the Child (lJNCRC), World Declaration on the Survival, Development,
Participation and Protection of Children;
WHEREAS. the Philippines already has several laws and the Philippine Plan of Action
for Children (PPAC) to implement the right of children pursuant to these international
instrumenls:

WHEREAS, the City of lloilo recogni7c's that children are imrortant assets nf society and
it is only when children arc able to exercise their rights that they ckvdop their till! polcntiab:
~/)

IERfAS. !h(;.'.l'C- is a need to cod.if}' numerous 1irdinance-. relating to childn:nrs rights;

WHEREAS, there is a need to coordinate the various existing government agencies and
non-government org,mL-'.ations (NCTOs) in providing services for children in Iloilo City:
WHEREAS. there are existing local practices that violate children's righb necessitating
la\vs to address the same.

NOW THEIUcT'ORF, be it Drdained by the Sangguniang Panlung:sod of ll<ilo City duly

assembled, that:

Artidc I

TITLE, SCOPE, POLICIES, DEFINITION,

STATE

OBLIGATIO~S

Section 1. Short Title. -- This ordinance shall be known and cited as the "Iloilo Cit)
Children's Code."

Section 2. Declaration of Polic:y and Principles. The Cit; government of lloilo recogni7cs
the irnrrn1ance of effectively promoting. follv enharicing. and institutionalizing the .1111Til'a/.
derelopment. participalwn and protection rights of children withm the framework of advancing
general welfare in furtherance of integrated, sustainable and cquitahle dcvclopmi.:nt.
It helicves in a holistic protection and development of all children through a 'trong rartncrship
between and among go\ernmcnt ag~ndes, NCJOs an<l lhe private sector. sen,ing with the highesl
degree of pro!l-ssionalism und competence in an atmosphere of unity. solidarity and teann"ork
Section 3. Purposes. -- This l't)Lle is enacted with the following purpo.-.i;::":
a) To ensure the protection of children against all form'i ofahuse and exploitation:

1~

b) To advocate for childrens right<.:. and promok their \vclfan: and

dt.:"v~lopmcnt;

c) To ensure that children's rights :.ue given priority attention both in government and
civil snciety:
<l) Tn imrrnve the quality of life of llonggo children cnublin[t them to fully develop
their potentials and participate in community life and nation building:
e) To provide mechanisms to addre:;, v1olations that amount to abuse of the child or

childrcu.
Section 4.

Liberal Construction. -- In case of doubt, the interpretation of any of the

provisions of this Ordinance. including its implementing rnles and regulations (IRRs). <ball be

construed liherally taking into consideration the best interest or the child.
Section S. Participation of the Child. - '\ii proceedings before an) authority shall be
conducted in a manner which allows children to participate and to express thcmsd vc' freely.
Participation of children in rn>gnun and policy frlfmulation mld implement~Hion related \Vith
children's concerns shall be ensured by the com.:..:rned govenlment agency or local government
unit (IGLTJ.
Section 6. Duties and Responsihilities of the Local Government. -- In confotmity to
Section 3 paragraph 2 nf Article XV or the i'l1ilippine Constitution. it is the duty ol" the local
government tn defend tl:e rights
children to assistance including pmper care and nutrition. and
special protection from all forms of neglect, abuse. crut:\ty. exploitation and other condition:-,
prejudicial 10 their development.

or

[n accordance with the United Nations Convention on the Rights of the Child (UN CRC)
to which the Philippine~ is a State Party. the local governm~nt shall:

n. Und~rtake all approprimc lcg1slativc. administrative, and othC"r measures for the
implementation
ol
the
rights
rccogniz~d
in
the
l!NCRC.
b. Ensure to the maximum extent possible th~ survival. de\.clopmenL protection and
rights
pnrticipmion
the
d1ild;

or

c. Take all apptorriate legi:-ilativc. administrative, social and educational measures 10

protect children frorn all forms of physicnl or mental Yiulence. injury or abuse. neglect or
negligent treatment, maltreatment or exploitation. including sexual abuse, while in the car'' or
parcnt/s. legal guardicinh or any olhlr pcrsonis \Vho has th~ l:arc of the d1ild;

d. Assure to the child who is capahk nt' fonning his or her nwn vicv..s the right to express
thnse views freely in all matters affecting the d1ild. the views of the t'hild bl'.ing given drn weight
accordance
wlth
hi.s
Dr
her
agi.:
and
maturity:
in
e. Rt>nder appropriate assistance to parents and legal guardians in the p-crfo111)ancc 0f
thejr chilJ-rcaring responsibilities and shall r:nsurc the development of instiiutions. facilities am.I

service ..,

fr)r

ih-.

Section 7. Definition of Terms.

c:.ire
!'he following

of
t~rms

c:hildren.

us..:d ln thi:-. Ordinance shall be

,~f defined ns follo\\s

a. "Children" refors to persons helm> etghleen \18) )ears oCagc or tho'c <JVcr but
are unable to fully take care of themselves or protect themselves from abuse.
neglect. cruclt}. exploitahon ur discrimination because of a physical or mental
disebility or condirion.
h. child abuse" refers to lhc maltreatrncnt, whether habitual or rmt. nt the rhild
which includes H.J1} of the foll<ming:

Page ..t

1, f'.sychological and physi<.;al dbusc. neglect, cruelty. sexual abuse and

emotional nultreatment:
2. Any act by deeds or words which debases. degrades or demeans the
intrinsit worth and dignity or a child as a human being:
3. Unreasonable deprivation or his or her basic needs for survival. such as

food and shelter; nr.

4. Failure to immediately gi'c medical treatment to an injured child rc<>ulting

in scrit)US impairment of his or her grov..1h and dcvdopmcnt or ln his or her

permanent irn..:apacity or death.
c. -special concerns" an. circumstarn.:1.:s \.vhich gravely threaten or endanger the_
survival and normal development uf children including but not limited to the

follov"lng:
1. Being in a community where there i~ amted conflict or being affected by
armed conflict-related activities:
2. VVorking under conditions hazardous tn lire. safety and morals which unduly
interfere with their 11ormal de,ek,rmcnt;

J. LiYing in llr tending for themselves Ln the streets of urban or rurnl arcas
without the c, trt' of rarcnts or a gumdio.n or any aJult supervision needed !{x
their welfare~
-l. Being children of indigenous peoples and/or living und('.r conditions ot'
extreme poverty or in an nreu which is under<leveioped and/or lacks or has
inadequate access to basic services nee-ded ror a good quality nf Ii JC:

5. Being a victim of a human-made or natural disaster or calamity: or

6. Analogou~ circumstances which endanger the life, 'iafcty or normal
development uf children.
J. "Day care" is the proYision of suh:-.titute parental care alld stimulating acti\itic:; for
the total development of children from three years old to before the age of five ( 3-5)
when their parents are unable to take care of them during part of the day because of
\\.Ofk
other
situation.
an<l
s01111:
e. "Day care center''

1s

a facility where d11y care services are provided h~

a11

accredited day care worker particularly for children three years to hc!Ore the age of
( 1-51-brnckl't.
five

f "l>iversion" shall refer to an alternative child-appropriate process ,,r determining the

responsibility of a child in conflict "ith the law for an alleged urfrnse as "ell as in
determining the measures, if any, to be undertaken by the juvenile and other pt..:rsons
without resorting lo forma1 cnurt adjudication.

g. "Diversion programs" shall rckr lO programs that_a child in cnnllict with the hrn
is required to cmdergo alter they arc found responsible for an offense. "'i1hont the child
being

made

to

undergo

formal

cnHrt

litigation.

h. 11 Co01munity reintegration programs" shall refer to the programs estahli::ih\..:d for

the purpose of rehabilitation and preparing the child for reintegration into the

community.
i. ''"Intervention" refers to a s~ries of acLivitie:_.; which are designed to addres.s issues
that caused the d1ild to commit an offense. IL may lak<: the form of an individualized
treatment program which may include counseling. ski1ls training, cdu'-=rit\on. and other
activities that will enhance his/her rsychological, emotional and psycho-social wellbeing.

j. "Katarungang Pambrangay" shall refer lo

Se~.40~-422

of the Local Oovcrnmenl

Code of 199 l whid1 is commonly kno\\11 as the Katarungang Pambarungay Lav..

k ...Differently abled children. children with disabilities or .. children with

special needs .. arc children with either phy.,ical or mental intirrnitics \\hethcr
congenital or acquired after birth.

I. Child Labor" shall refer to any "ork or economic ac1ivity performed b} a chiid
subjects him/her to any form or exploitation or is harmful to his/her hcaltl1 and safely
or physicJl. mental or psychosocial development
m. '"Council'' shall refer to the lloilo Ci Ly Council for the l'rotcdinn of Children.
n. "LGU", "'"Local Government'" or ''Local ~u"crnment unit"' shall refer primaril::. to
the l .ocal Govc111111ent of lloilo Citv and tG all barangavs under its jurisdiction

u. Gambling Activity" shall refer to any gamhling activity, game or schelnL' th~

result of which wholly or chiclly dq>cnds upon chance or hazard. which may include
but not limited to any game of.iuctcng. masio. lotlery. hanking. animal races. ilkg.al
numbers games, cockfighting. or \\here \\.agers consisting
money, articles of value
or repre8cntative of value are made. or in the cxploitaiion or use l ) f any other
mechanical invention or contrivance lo <letcnninc hy ch~mcc the Jl)ser or \\inner of
mom.y or any object or represent~ttiv1. of va!ll..:.

or

p. "'Service Providers shall

"i .

ref~r

to variorn. professionals,

paraprofe..,~ionals,

and

volunteer caregivers who an directly n.:sponsible 1i.>r the care and education of young
children through the various center and home-based program-.. ["hey i11cludc. but are
not limite<l to_ day car.c \11.rorkcrs, ka1.:hers. te1.H:hcr~aides, rural health midwi\'CS, ~ocial
wotkers. community health v,.orkers. baranga) nutrition scholar~. parent elfoctivcncss
service volunteers. child development workers. and family day care provider,.

4. ''Discipline''. refers to the training rncth,id imposed npon the child for the purpose
of forming h's or her values and charnctcr and of establishing bahaviors that are in
accordanct! with the commonl.J accepted norms of the community
r. Communit):"'~ refors to all persons, natural or juridilal residing or ,i.,ituatcd at the

barangay where 1he child is living constituting both pemianellt and transient residents
thereof

Article II
RIGHTS AND OBLIGATIONS OF TllF: CHJLD

Section R. Rights of the Child. -

a. Every child shall he entitled to the rights herein set forth withoul dislincti,m as tn
legitimacy. gcn<ler, social ::.tatus. religion. polilica! antecedents. und other personal
circt1mstan\.:-C~.

b. E1ery child shall possess the following rights which are classilied into survival.
devdopmcnt. protc<:t1on and participation

ri~hts:

l. "Sunival rights" ensure the child's inherent right to life and to the needs that are
mnst hnsic to cxis1ence, the rights tu a name and to a nationality. the right to identi1y
and those dealing with parental and governmental duties and obligations. adequate
and decent standard of living. access to hasic bcalth care and medical servic~s- social
st:curity. and
rehabilitation.
The
following
are 1he
survivut
rights:
a. Every child has the right to be born, endowed with the dignity and \\urth oC
a human being from the moment of his or her conception:
b. Every child has the right t" a wholesome family lifo that "ill provide him or
her with love, care. and understanding. guidance and counseling. and moral
and material security. The dependent or abandoned d1ild shall be provided
\Vith tht: nearest SUbstitlltC of' a home:
c. Every child ha~ the rig11l to a complete meal, adequate clothing_, dccenL
shdkr, proper medical attention, and atl 1he bas.le physical requirements of a
healthy and vigorous lite.

2. "Development rights" refer to the rights of a child to education to develop her or

his personalily, talents and menial and phy,ical abilitie' to the fullest extent These
als1.) include particip:ition jn eultural activities_ access to appropriate and relevant
infom1ation. and oppo11uniti~s frlf rest. play an<l leisure. The folln~:ing are the
d..:vdopment rights:

a. Every child has the right to a wholistic development of her or his personality
to the end that she or he may become a happy. usctiiL and active mcrnher of
society specifically:
(It The gifted child shall be giwn tl1e opportunity and encouragement to

develop her or his special talents;

t2) The cmot1onally disturbed or socially maladjusted child shall he treated
with sympathy and understanding, and shall be entitled to treatment and
competent cat e:

(3) The physically or mentally disabled child shall be given treatment,

education and care required by her or his partiL:ular condition:

h. Every child has the right to b< brought up in an atmosphere of morality and
rectitude for th1..~ enrichment and tht' strengthening Of her lW his charader:

c. Every child has the right to grow up as a free individual in an atmosphere of

peace, understanding. tolcranct\ and universal sisterhood/ brotherhood, and
with the determination to contribute her or his share in the building of a better
world;

d. Every chlld has the right 10 1.:<lucation. Primary education must be

c1>mpulsory and higher education n11"1 he available and accessible to all on the
basis of capacity by every appropriate means. f'he education of the chi Id shall
be directed to:
(I) The development of the child's personality. talents and mental and
physical abilities to the fullest extent:
(2) The preparation nfthe child for responsible adult life in a free society:

(3 J The development of respect for the child's parents. her or his cultllral
identity. language and values. and the cultural background and values oC
others~

l 4) The development of respect for the natural environment:

c. Fvery child has the right to full opportunities for saf"t- and

wholc~omc

recreation and activities, individual as well as social. for the wholcsume use of

her or his leisure hours.

r.

Every child has the right to liw in a community and a sncidy that can offer

her or him an environment free from pernicious inlluences and conducive to

the promotion of her or his health and the cultivation of her or hi.s dcsirahle
traits and attributes_

Page 8

3. "Protection rights" cover those rights protecting the child from all forms oJ'
abuses and discrimination such as protection from crudty. torture, arhitrary
separation from family, abuses in the justice and penal system, involvement in amied
conflict, child lahor, drug abuse. sexual abuse. and exploitation:
a. Every child has a right to privacy and shall he protected against unlawful
intcrfrrence \\ith such privacy, family, home or corre:-;rondcnce_ and to
unlav-.fol a1tacb against his or her honor and reputation.

4. "Participation rights" refer to the child's rights to participate in mallets that

affect him or her most by providing all appropriate \enucs where he or she can
express his or her opinions freely and lo have these opininns taken into account

invoherncnt in decisionmaking and a consultative process. freedom of as~ociation

and peaceful assembly. The following are the participation rights:
a. Fvcry child has the right to be provided the opportunity to he heard in any judicial
and administrativt'. proceedings affecting him or her. either directly, or through a
representatiYe or an appropriate hotly. in a manner consistent with the procedural
rules of national law:
b. Every child has the right to freedom of thought, conscience and religlon. subject to
appropriate parental guidance:
c. Fvery child htLs the right to freedom of statement. This right shall include freedom
to seek. recei,e and impart infr)rmution and ideas of aH kind~~
cl. Every child has the right to express his or her opinions freely and to have these
opinions taken into account in any matlcr or procedure affecting him or her:
Section 9. Responsibilities of the Child. -- Every child, rcgardle"is of thL~ circumstances of
birth, sex. religion. social status. political antecedents and other factors shal I:
a. Strive to kad an upright and \i11uous lite in accordance with the tenets llf his or her
religion. the teaching of his or her elders and mentors. and the bidding of a clean
conscience;
h. Lo\i;. respect und obey his or her parent:->, and cooperate with them in the strengthening
of the family:
c. Extend to his or her brothers and sisters love, thoughtfulness. and helpfulness, and
endea,or with them to keep the famil) harmonious and united;

) ,0

;(

d. Exert his or her utmost to develop his or her potentialities ti:ir service, particularly b)
undergoing a formal education suited lo his or her abilities. in order that he or she may
become an asset to himself or herself and to society:

Pugc 9

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 peopk's heroes, the duly constituted authorities. the la>1s
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 up<'Il to discharge the

responsibility of kadership in shaping the nation's futur~: and

g. l!clp in the observance of individual human rights. the strengthening of freedom

evt::rywhere. the fosicring of cooperation among nations in thc- pursuit of their commtm
aspiration

for

um!)"

and

prosperity.

and

the

furthcrnnce

of

world

peace.

Article Ill
ROLES AND FllNCTIONS OF VARIOUS SECTORS
Section I 0. The Family. The family is the central unit responsible for the primary
socialization of children which is important in the prcwntion of childn:n', rights violati<ms.
Governmental and social efforts to preserve the integrity of the family, including the extended
family. should he pursued.
Section 11. Primary Right of Parents. The family has the primlU") 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 compan) of their children and, in relation to all other persons or institutions dealing
with children's de\'e1opmcnL the prJmary righ1 and obligation to provide for their upbringing.

Section 12. Property Rights. -Parents shall exercise the rights mentioned in Articles 209
tu 237 of the Family Code over the person and proper!) of their children.
Section I 3. Right to Discipline Children. -- Parents have the right to discipline their
children as may he necessary fl)r the formatjon of their good chararter, provided it does not fall
under the prohibited acts mentioned in this Code. Parents may require from their children
nhl:dicnce to ju::;t and reasonable rules, suggestions.
Section 14. General Duties of Parents. -- Parents shall have the following general duties
t,>ward thdr children:
a. To give them affection. companionship and understanding;
b. To extend to them the benefits of rnoral guidance.
instruction:

se!J~discipli1w

c. To sLiptrvisc their activities. including their rccrcati0n:

d. To inculcate in them the value of industry, thritl and self-reliance;

and religious

Page !()

c. To stimulate their interest in civic affairs. teach them the duties of citizenship. and
de\'clop their commitment to their country:

f. To advise them properly on any matter affecting their development and well-being:
g. To always set a good example;

h. To provide them with adequate support, as defined in Article 194 of the Family Code:
and.
i.

ro

administer their property. if any. according to their best interest. subject to the

provisions of Article 225 to 227 ofthc Family Code.

Section 15. Separation of Children from Their Families. -- Every effort shall be made
to prevent the separation of children from their families. Whenever children are separated from
their families owing to force majeur or in their own hes! interest. arrangements shall be made for
appropriate alternative family care or institutional placement, due regard being paid to the
desirability of continuit> in children's upbringing in their own cultural milieu.
Extended families. relatives and community institutions shall be given suppoti to help
meet the special needs <f orplmned, displaced and abandoned children_ Efforts must be made to
ensure that no child is tri.~ated as an outcast of society.
Section 16. Role of Women. -- Women 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 or women and their
eq11al access to education. training, credit, reproductive health, and other extension services
constitute a valuable contribution to a nation's social and economic development
Section 17. Role of P:trents, Foster Parents, Surrogate Parmts, Substitute Parents,
Adoptive Parents, and Lei:al Guardian -- Parenls_play a vital role in their children's lives.
Policies and legislation shall be enacted and programs shall be designed and implemented for the
inclusion of their critical role.
Section 18. Role of ~ducational Institutions. -- Educational institution> shall work
together with parents. community organizations and agencies concerned with the activities of
children and youth_ Educational institutions shall incorporate into their curriculum a :su\.:iect on
the rights and responsibilities of' children. subject to guidelines set by the Department of
Education (DcpEd) and the Commission on Higher Education (CHED).
Seclion 19. Role of the Mass Media. --The mass media shall be awnrc of their extensive
social role and responsibility, as well as their influence. in communications relating to children.
fhcy should use their power to promote and protect the rights of children hy rel a: ing consistent
messages through a balanced approach. Special attention should be given to effective anti-drng

a\.varencss campaigns and de]inquency prevention.

Page 11

Reg. Ord. NO. 2012-195, Aor. 25. 2012

Section 20. Role of Civic Organizations-- Shall work together with the barangay.
educational and other concerned agencies in the promotion of programs and activities in the
development of the child.
Section 21. 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 al
all times. They shall coiiduct programs and activities geared towards enhancing children's rights.

Section 22. Role of the Local Government Unit. - The local government unit shall

come up with comprehensive programs for children and allocate appropriate budgets for their
in1plementation.

Section 23. Role of Local Councils for the Protection of Children. - The Sangguniang
Panlungsod and barangay councils shall, in addition to their existing duties and functions.
coordinate with and assist the LGU in coming up with comprehensive programs for children and
be the primary body to oversee the implementation of such programs.
Section 24. Role of the Sangguniang Kahataan. -- The Sangguniang Kabataan (SK) as
established under the L<>cal Government Code shall, in addition to its powers and timctions,
actively involve itself in the formulation and implementation of prevention and protectlon

programs in the community. It shall coordinate with the local councils for the protection of
children for this purpose.
Section 25. Role of the Community - The community shall have the duty to ensure the
fulfillment of every child's right by creating an environment conducive to children's wholesome
growth and development.
Article IV
PROGRAMS AND SERVICES FOR CHILDREN
A. Comprehensive Programs for Children

Section 26. Comprehensive Program for Children. -- The city government shall,
within one (l) year from the effectivity of this Code and every three (3) years thereafter,
formulate a comprehensive program for children covering at lea't a three-year period. Such
program shall include prevention, participation, protection as well as rehabilitation programs for
children. and shall emphasize prevention of children's rights violations to include prevention of
child abuse, child oftending, drug addiction, and other children's problems.

ft

Section 27. The Community Approach. -- The community approach shall be given
special attention in the comprehensive program for children. This involves addressing
commw1ity-wide issues and improving the overall environment of the neighborhood in order to

"""'"'

~'"'"""'

commoM1

of

ohil~'""

''"' 1hroogh ~h;Jlwloo of h~oo "~=' wilhlo

tlk

Volunteerism among members of the community to assist in 111e impkmentation of th\.'

programs shall he c>ncoLirHged. Community-based services anJ program-.. \\ hicl1 rcsrond to the
special nC"<:ds, problems, interests and concerns of young persons an<l which 1)ffrr appropriate
counseling and guidance to childn.:n and Lheir families should be dcvdopcd. or <.JtrenglhcneJ
where they exisl.
Section 28. Process in Formulating Comprehensive Children's l'roi;(rams. -- The
process in coming up with Comprehcnsiw Children's Programs shall be participatory and
consullative. The l.Gll 1n coordination "ith the local council for the welfare of children, shall
call on all sectors l'Onccrned, parti...:uhtrl;. c-hild-focu~ed institutions. NGOs. p~opk's
L)rganizations. youth organizations. OS'i ':-,, student councils, 8arangay i.'.hii<ln:n's cotmLil,
Childrert5 nnd \Vomcn :i Desk" chil<ln:ns coune,ils_ l~ducati<)n::d institutions and gon~rnment
agencies invo\\'cd \vith children's com.:ern~ like the Department of ~ocial \N'elfare and
Devcloprn<:nt (DSWD). Department n/' 1-lcalth (DOH). and the Department of r.ducation
(D~pLd) and Dr.:pm1me11t nf l,ahor and l:rnpl1)ym..:11t ({)0!,/,J __ lo participall' in tile rlann\n;_!
process.

The 1.Gl! should see to it that the children and youth thcrnse!I es pnrticipate rn the
fonnulation. ckvdopmcnt and implementation of these programs, panicularl:- in thi..
iJ.c11tifkatilll1 or needs_
Section 29. Periodic Review and Assessment of the Comprehensive Children's
Programs. -- The Comprehen~ive Children's Pmgrmns shall be n:vie\.n:d and assessed ) early b;
the LCJLTs in coordination with the local cmmcils for the protection ol children. The programs
shall be reviewed by the llnilo C'ity Council for the Protection of Children as tn their ellectivit;
in preventing children's rights viofatJons based 011 the indice1tnr~ identified in the program. The
rrogram~

may he moditi..:d al!con.lingiy.

B. Programs to Prevent Children's Rights Violations

Section 30. PrcYrntion Programs. -~ Prevention program':' whid1 :-.h~ill hL' an imrL1tmt
component ot" thc Comprehensive Children's Programs to be implemented h) the LGlls tilrouglt
the locul councils for the protection of children. ':lchools. youth organizalion~-: and 1.lthcr

concerned agencks. These programs shall consbt "fthrcc level;:

a. Primar) pre\ention - general measures to promote social justice :.rnd equal opprn1unity which
tackle perceived root cau~cs of children's rights violatlons such as poverty and other fl)fm~ or
marginalization:

h. Secondary prevention ~ measures ln assist children who arc idt:ntilied ~s being more
p<lrti<..:ubrl) ~ll risk. such as those who:-;e pan:nh are thcrnsclvcs in "pecial difficulty or are not
caring appropriately for them~
c. Terliary pr("vention - scheme::; to avoid ~md prevent childn:n's rights vioJatiofls frun1 happening
again.
In all three levels ,,f prevention. on1cial inkrwntion should be pursued pri111arilv in the m~rall
interest of the young per~on and guided by fairrwss and equity_

!fJ

Page 13

C. Other Proactive Programs

Section 31. Parenting Orientation Courses. a. Parenting Orientation Coursco shall be integrated into the ccm1culum ot all high
schools in lloilo City subject to DcpEd rules and regulations.
b. Marriage license applicants shall he required to participate in a Parenting Orientation
Course [ 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
hccom~s

an integral part of existing family planning seminars or reproductjve health

courses. The Iloiln City Council for the Protection of Children in close coordination with
the lloilo City Helllth Office and the Office of the Local Civil Registrar. City Pnpulation
Ot1ice shall update the design of the family planning seminar and parenting orientation
courses in consonance with this Ordinance.

c. As a follnw-up to the Parenting Orientation Course I, parcnts/gwrdians shall also be

required 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 City of lloilo.

d. Such course may also be incorporated in Parent-Teacher Community Association

(PTCA) activities for the school year in the elementary and high school levels.
Implementing guidelines for this provision shall be formulated by the lloilo City Council for the
Protection of Children in coordination with the Onicc of the Civil Registrar within one year from
the effectivity of this Code.
The lloilo City Council for the Protection of Children. the Office of the City Social Welfare and
[)cvclopmcnt, and Department of Education 'hall initiate the designing of modules for these
courses in close coordination with NGOs with child-focused programs.
D. Health Care Programs

Section 32. Primary Health Care. -- The city government of lloilo shall implement
primary health care and nutrition programs for children in coordination with the City Health
Office and the Office of the City Social Welfare and Development
Section D. Promotion of Primary Health Care Programs. - The harangay health
centers shall implement the primary health care program. Each barangay health center shall
designate a barangay child health officer to monitor children's health in the barangay level. with
a salary commensurate to the task assigned.

To further ensure the implementation of this Section, the city government of Iloilo shall
take appropriate measures:
n. To c0mhat disease and malnutrition within the framework of primary health care through.

inter alia. 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. l'o establish a comprehensive Parents Ori1;:1ntation Development Program vhich includes

gcmkr-rcsponsivc courses on reproductive health, child health and child-rearing pracliccs in the
context of the Filipino psychology;

c. To monilor the llill implemenlation of the Milk Code of the Pl1iliprinc's and ~drncatc tir the
p1osccLJtion uf' milk firms which Yiolutc such l:o{k:
d. Tn conduct massiv1..~ information and education on breastfeeding. utilizing existing reference
rnatcrials for cffecti\e hrcastfeeding c<lrn.:ation program, Integrating information on hreastfccding
sh~1\J

he

.:111

intcgro.1 part of' nJI

~chool

!.:Urrlculums.

c. To provide complete i111tmmin1tion lo children

Section 34. Child and Gender Scnsithity Training for Health Workers. -- All city
and barangay health workers. law cnforct'TS tasks to attend d1ildrcn"s concerns .and servic~
providl.'.'rs shall be rcguirl!J to attend training courses on child and gender ~cnsitivit~ and to invite
prinlte health care practitioners, to he cond11t;kd h) orgaili:t.ations duly aceredlted by the Cit)

Council for the Prot,,ction of Children.

Section 35. Child- and Family-Friendly Hospitals in lloilo City. - i\11 hospitals in the
city nf Iloilo shall sd up child-friendly llnits to inc!t1de roominj!-in facilities and pediatricappmpriate mechanisms and gadgets. They shall als.' not deny ln1sbands/partncrs ir1side the
dcliYery room during delivery pf their \Vi\e::-;/partners.
Section 36. Program for Children with Special Needs. -- The city g' ernment of lloilo
shall make a periodic child-focused and child-spccilic comprehensive st1rwv on children with
disabilities in the city as ba~is for a more systematic coordination of sen ices (health. nutrition
<.1nd education) for chihlrcn with special needs.

Section 37. Educators' and Health Professionals' Training for the Special Program
on Children with SpeciaJ Needs. - A training program for educators and health professional:-.
handling children with disc1bilitics and special needs shall rorm part of the priority ot' lhe cit:gO\ernm~nt oflloilo.

E. Linder Six Program and Establishment of Oa~ Care Centers

Section 38 lJnder Six Program Framework. Th1.. city go\ ernment of llnilo '3hal!
ensure to the maximum (:xknt possible tht' survival and dt:vdopmcnt of the ~hlld. The program
\ll1

ka

survi' al and development shall includ" the

followin~:

Monitoring of registration of births and the completion nf the immunization series for
prevention of tubcrculo..,is. diphtheria. rcrtussis. tctanu~. mcasks. poliomydit!s mid such
he~n devclnpi..:J f(Jr administration to children up to

other diseases for which vaccines hme

six (6) years of age:

b. The barangay oflkials iill<l their harungay-level s11pport :-;)sterns, may caH upon laY\
enforcement agencies when there is an abusl'd. negkcted and exploited child wh< needs lo be
rescued from an unbearable home -situ<:ltion:
\..'.. A Rcprndut:liYc Health Cm-e Ccnkr 1Cx pt\gnant mothers fi.1r pri:nstal and rn:onatal <:an.
and. in the proper case. for delivery of Lhe infant under condition~ \\hi1.:h \\ill e1imina1t: or
minimize risk:-. to moth\;r and child: ProYided . that high-risk mothl'r~ shall he referred to the
proper tertiary or scconJary care serdcc personnel or facility and children "ho are at risk
from any condition or illness will he brmtgJ1t thereto for care: Provided further, tha< hilots
(traditional birth attendants) and barangay health \NOrkcrs are provided the needed ba,ic
training for normal <lclh:cr) and an: 1.rain~J to l'ecognize high-risk pregnancies \\hich ~hould
be refencd to l:Ompctent obstetrical and pediatric mcdit.:al care;
d. A barangay level net\\ork of assist~mce from umon~ the adults of the community for lht:
total development and protection or children:

c. l lnstructurcd cmnbincd with struc1urcd learning. cxt..rdscs t()r ch}idren under early
childhood education shall be instituted in th~ Jay care centers respecting Lhe par1idpation
righls of the child;
f. A pool of trained day i.:.are or child development workers '-"ilh an upgraded s<-tlar')
commensurate 10 thi; tasks assigned to them

~cheme

Section 39. Population-Based Day Care Center Setting lJp. -- Pmsuan1 to Repuhlic
Act 6972 or the Barangav-1.cvel Total Development and Protection of Children /\ct day care
centers shall be set up in every barangav in the city of lloilo. Th' numher ol such cc,nters shall
depend on the population of the children 3nd how depressed the barnngay is as determined t>: the
BCPC and the City Council for the Protection of Children in coordination with the City Social
Welfare and development Otlice.

Section 40. Importance of Day Care Service -- Da~ care service a<ldrcssc:s the n-.~-.:-d-, in
the crucial stages of a child~ growth. Bj thr_: ugv or fivt' (5) . u i..:hild""s hr.ain lrns J.lrcudy grown to
90 percent of its adult weight and much of the way heishe envisions and interacts with the \Nori cl
has been shaped. Thus. the child's formati\c years and the care that be/she gets during this
period would significantly affed his/her learning caracity. per5um1l and social interaction well
into adulthooJ.
While parents have the primar; responsibility tu pro,iJc for their childrens physical.

emotional. psycholugkal. mental and social lll'~cls, day care ~crvice aim~ to supplement the
inabilit; nr some parents to provide their chktdn:n \\.ith the proper care and home ~nvirnnmcnt.
Specifically. lhe Day Care ('enter aims to heir the child:
a.

Become phy,;ically tit thrnugh proper care and nutrition:

h.

Develor sclf-cnntidence. scl1~statcmcnl and self-discipli1w:

Pa::o:c 16

Relate \\ell with mbers:

d. Den~lop 1nental. intellcctm1L verbal and psychomotor skills;

e. Dc,dop strong spiritual. socio-cultural and nationalistic values HS well as positive attitudes
towmds
the
family.
comrnunit)
anct
soc id)
in
gcneraL

Bt:>

rrotect~d

from

all

forms

of

negkct.

abuse.

crnclty

:rnd

exploitation.

Section 41. Setting Up of Oay Ca1e Center' by Community-Based Organizations. -Community-b:;fsed organizations can help mobilize resource~ to complement tbl..'." 1..f'Ji)rts ot'J GL's
in establishing day care centers in their communities. In this \Vay. rnore l'hildren needing.
atkntion ctm be reachc(:. The Council shall Loorc.Jinate the efforts of mohilizing tht: community
hased community organizations.
Section 4]. Accreditation anti Monitoring of Day Care Center' - All llm Care
Centers established either by [(il i's or Community Based Organi;ations shall be 1cquire<l to
take appropri11tc accreditation permit and licenses from the City (JovernmcnL through the
CSWDO and the latter shall be tasb to monitor the operation of Day Care Centers.
Section 43. Da) Care Worker and Support Group. a. The local government unit/ barangay shall pay for the day care worker's (DCW)
allowance/honoraria and salary. The CSWDO shall provide continuing technical assistance to the
ccnler.
b. J\ Community Volunteer Parents Group shall he organiz<"Ll to be an elfoctive ,;upport gnrnp w
the center. The volunteer group shall help mobilize resources for the improvement or the center.
ac4uisition of more learning material~ and play equipment. and other support acthilit~s.
c. The local go\<crnment unit shall alloc<.He lltnds for Cupahility Ruilding
Workers to he primarily conducted bv the CSWDO

Pr\)gram~

pf Day Care

Section 44. Establishment of Child Minding Centers ... !he City CDvcrnrnenl shall
require the putting up of a Child Minding Center in the issuance or a permit for huilding
construction \\'hl:lher fOr gu\ernment use or ror business purpo:-;cs subject to exi..,ting rule~ :ind
regu1ations o[ other com.:erned governmt:nl entity.
Section 45. Strict Implementation of" Far!) Childhood Care and Development I ,a\\

F. Recreational and Cultural Programs

Section 46. Barangay-Levcl Recreational and Cultural Facilities and Program.

hlirangay~le\el program for the rcYiYal of indigenous games and relreat!on shall be installed.

Research and documentation of indigen011s games and rastimcs shall he undertaken hy the

Page- 17

Center for Culture and Arts Development (( 'CJ\O) of the City of lloilo. Ever) barangay in the
city shall allocate spac<: for recreational facilities appropri:.ite for diCforcn1 age groups. A y~ar
rotmd cultural program appropriate for different age groups shall be designed "ith due respect to
cultural diversity. lndigt:nous games shall he encouraged in Ya_rious athletic and sports programs.
of
the
local
government
units.

Section 47. Local Children's Literature. - In support of the thrust for the socio-cultural
development of children in the City oflluilo, LO Us shall imest in the promotion and prnduction
of local literature for children and other relevant t:ducatlonal materials.
Section 48. Other Child-Friendly Facilities. - Locnl g'"ernmcnt units in partnership
\vith NGOs and civic nrganizat1ons are also cn!..:ouragcd to put up and maintain other (,~hi!J
friendl) facilities such as hut not limited to lihraries. museums. parks and playgrounds.

G. Children's Month and Children's Da,, Cdebration

Section 49 . October as Children's Month. - In keeping with the mandate of
Presidential Proclamation No, 267 signed on Stptcmhc'r 30, 1993 declaring the month of October
as Nationai Children's Month, the local cow1cils for the protection children sh~dl conduct childtl.\-..uscd activities for the month promoting th1..' rights anJ rc~pnnsibilitit"~ of Filipino children a~
well as the obligation of the people and institutions responsible in ensuring the \\ell-being of
Filipino childl'en.
Section 5(). October 17 of EHry Year, as National Children's Day. Pursuant '"
Presidential Prrn.:lamati()!l No. 74 lhlcd Octohcr 16. l 992 dccluring the l 7th day of October
ever)' ~em 1ls National C'hildrcns Da} to honor Filipino Children and to emphasize tilt
importance oft11eir role v.,:ithin the family and \-Vithin -.;octety. the ln1,;a\ council:;. kJr the prot~ction
of children are mandated to olisenc Children s I )ay with ac1ivitiL:s highlighting th~ rights. mks
and rcsponsihilities of children.
Article V
SPECIAi. CONCERNS
A. Prohibited Acts
Section. 51. Prohibited Acts. -- In addition to all acts defined and pcnali1ed under the
Act No. 38 IS as Amended (The Revised Penal Code), P.O. 603 (The Chilct and Youth Welfare
Code). Repuhlie Act 7610 (Special Protection of Children Against Child J\husc, Lxrloitation and
Discrimination ;\d) as amended hy Repuhlit ;\d 9231 (An Act Pro\ idin:,t for the Elimination of
the Wor,t Forms of Child Labor and Affording l'rotection for the Working: Child), Republic Act
9208 (Anti- lrarlicking in Persons Act of 200.h Rcpuh!ic ;\ct 9262 (Anti-Violence Against
\\'omt:n ~md Their Children). and other rertinent laws, administrarivc- on.kr.:,, c'\:.:cuti\e orders

and issuances involving a child. the l{)IJO\.\ing act" :-.hall

like\vi~-..-

be punishahk_

Pagt.: 18

a. lll~gal Recruilment-Any person v.. h.o ~hall recruit or traffic a child for work 1.)r ally Jets
or purpose shall be punished in accordance wilh this ordinance.
There is a presumpllon of illegaJ trafficking wh1::-n a person is found together '\-\ith thret: or
more minors not his/her relatives al the pier or port of exit for the purpose of transporting the
minors to another place without any permit from the Punong Rarangay. The Punong Baranga)
who issues a false permit or makes false statements in the permit shall also be liable under this
section,
h. Peonage of ChildrC>n -- Offering a child or the scrYice:-1 of ll child ao;; payment f(n a debt
in
exchange
for
a
favor.
such
as
hut
not
limited
to:

or

l) Working: in agricultural industries like rice and cum plantations or fanns:

2) Working as househclpcrs.! ka.mmhahdr ..
c. Pre-arrangement for Marriage -- Pre-arrangement (buya} made by parents or guardian~
to marry off their children or wards. One manikstation of pre-arrangement may he \\hen
two {2) fomili<..'S meet to se-riously talk nhout Lhe marriagt' of their children to e<.1ch oth1.~r:
d. Using Girls as Cotnmoditks in Benefit Dances-~ Organizers or benefit d:mces, persons
facilitating or anchoring such benefit dances shall be penali7ed unJcr this sec\1011 if they
shall use children <~S dancing partners fr)r payment or kc __ or any other monctar:
consideration
or
value
lLl
lhc
organi1cr~:
e. Discrimination of <3irl Children - Di~crimination of girl children by prohibiting and
depriving.
Lhem
of
formal
education
by
rcas1_111
1f
tl1eir
gender:

f. Discrimination of Jllegitimate Children -- for schools to discriminate ilkgitima1e

children
as
Jiillows
hut
not
limited
lo
rhc
following:

L Refosal to accept enrollment of illegitimate chilclren in the school hy reason of

one"s illegitimacy;

1. Requiring the marriag..: l'.Ontra~t of parents as a requirement for enrolment of the

child:
g. F\.pulsion lly Reason of Prc:-gnanC) -- For s~hools to impost." a penalty of expulsion
c.gnins1 a child sokly hy r~a~on of her rregnanc;:

h. [{cfusal to Graduate by Reason o!' Prcgmmcy -- Fur schools to refuse to gradua,e a

child
~~ll
by
r<:as{'ll
tlr
rrcgna1wy:

f
'

i. Refusal to Issue Clearances by Reason nf Pregnancy -- 1-'or schools to refuse to issue

clcarancl's to a child b) reason ofpret,Tf1anc~-~

j. Physical ancl Degrading Fom1s of Punishment -- Sub.iccting the child to physical and
degrading

forms

of

punishment

such

;JS,

hut

nut

]imi~ed

to

the

ll)i\t.i\\ in~:

1 Ordering or directing a chil<l to kneel on salt or mongo he:1ns:

2.Placing a child inside a sack and/or hanging him/her:
3.Shaving the head ofa child'.

4. Jlarsh whipping nfthe child with the wil ola stingray (pagi). stick. belt and nther
similar objectso
5. Strippin!! the child

or his/her clothes:

6. l.oi.:king up the i..:hild in H cabinet or aparndor or any closed ~tn1cttirl:

7. Tying up the child or otherv.ise dcrnining him/her;
8. Throwin!,( ohjecls snch as hut not limited to erasers. chalk. and notchoo\..s at the
child:
9. Pulling the hair oi'the child:
10. Making the child stand under the heat of the sun:
I l. Exposing the child t0 be bitten by anls.
12. Any other similar acts
k. Pushing/Enticing !v1inors to l.ln.~-tn Arrangements -- lt shall he unhn\Cul for parents lo
entice. encourage and/or push their Lhiklren to live together with any pcrsDn a:, husband
and

wife

in

cx~hange

for

money

or

ml}

other

con:::.idcration:

L Sexual Exploitation of ~'1inors - Sexual exploitation 01' children hy any person. foreigner
or otherwise. shall he prohibited. Cunso11ing with children not related hy aftinity or
consanguinity, with public display of lasciYious condud shall he <:onsiderc<l prima facii:

cYidcncc

of

sexual

exploitation:

m. Entry. Selling and Distribution of Pornographic Materiab Selling. dislrihuting or

showing of ron1ographic materials to childn:n. or possessing. selling, distributing or
sh0\\ ing pornographic material:-; in piaces vvhcrc children are pre.sent. There is a prima
1

focic eYidcnt'C ofvio\aticrn of this si;:dion \\.hen the act is done in the prcsL"ncc ofa child:
n. Selling Liquor. Cigarettes. Rugby and Other Addicting Substances to a Child -- It shal I
be unlawful for any person to sell liquor. cigarette. rugby sprnv paints. or any adJicting

substance to a child.

o. Smoking in Enclosed Places and Public Conveyances -- Smoking in any enclosed place
or public convcyanct shall be prohibited

p. Re~ruiunent of children as ]ahorers in pyrotechni\.: industries, and L)ther 'WOI~t frirms

or

chil<l-lahor practices.
q. Using children in social and/or cultural activities where they arc compelled to wear
skimpy outfits and/or perfom1 sexually suggl!stive movements or immoral activities.
r. Allowing children to smoke, drink alcoholic beverages. use or po"css illegal drug. and

use or posc;.e"s any deadly v..eapon. Any adult who has in his company a child who smokes,
drinks, use of posse:--s illegal drug. or use or possess deadly \Veapon shall be presumed

guilty of this provision.

s. Allowing any chilJ below 12 years of age to drive or operate a pedicab/trisikad. The
owner of the pcdieab/trisikad driven/operated by the child is presumed to ha,e ali<rned the
child to drive/operate such pedicah/trisikad.
t. Failure to pnwidc possih!e medical and i.~ducationai opportunities to a child living in a
house other than his t>wn home or to a child working as a household helper.

u. Exposing a child to any game activity. \vhich may incluJc. but not limited to, an)' game
o/'jueteng, masio. lottery, hanking, animal races, illegal numbers games. and 1.;{lcUighting.
An) Adult \\hn brings or has in his company a cl1ild in any place \\)K're gambling
activities arc held or conduded such as. but is noL limiled to bingo places. casinos, cock pit
menas. js presumed to have exposed a child to gamhling al'.tivities, The finan('.er. owner.
manager or operator of any place or premises where the gamhling activity is hdd or
conducted shall also he presumed guilty pf cxpnsing a c:hild to any gambling Jctivity v. h~n
a child is allow,-d inside the place where any gambling acti,ity is held or conducted.

v. Allrl\ving a child hclov.. 5 years old to ride in a motorcycle. motor bicycle, or mnloti:t.cd
pe<licab whether with nr without helmd, as provided for in Regulation Ordina11ce J\o.
2008-3g4. Violation of this provision will merit penalties in the mentioned Ordinance
The above acts which are likewise punishable in RA 7610 ur the Child Abuse Act. RA
7658 on Child Labor, the Revised Penal Code, or other pertinent national laws shall he penalized
thereunder. Acts or omissions not falling under said lm\IS shall be rcna.liz\"..d h~v ~mprisonmcnt of
one (I) year andlor " line ol One Thousand Pesos to Five Thousand Peso>. (P 1.000.00 - P
SJJ00.00)
al
the
discretiun
of
the
court

R. Control on Exposure to New Technology

Section 52. Control on Children's ExfJosure to Commercial Video Games -Commercial cstahlishmcnls renting out eledronic video g1.u11cs to children during school days
from 7:00 o'clock in the nwrninf: to 5:00 o'clock in the afternoon. ,mJ heyond 7:00 n'dock in the
C"\Tning. ~hall be su~ject~d to susp~nsion of huslnes~ permit for fifteen (15) days d11ring the first
offense and, one (1) month :su::;pcnsiun oftht" :-;<mt!.'. for the second offense. CPn!iscnt;on ot'vi.Jeo

game equipment and cancdlation of the business permit of said establishments shall constitute
the penalty f{)r the third offonse. ConllT\i.~rciat cstahlishmcnts ctikring to v id1..'0 garn~s shall 1101
be established within JOO meters from primary and secondal) school campuses_ ViDlation of this

provision

shall

lead

to

the

closure

of

the

husinc:-:.s

Sectio11 53_ Control on Children's Exposure to fntcrnet Cafcs. -- Owners of Internet

cafes are required to provide or install proper filters. software or program lo hlot.:J... or deprive
custon1ers, particularly minor~. to access to pornographic \Vchsitl'~. Minors are also prohibited to
enter internet cafes during class hours from 8:00 in the nwrning to 4:00 in the atlcrnoon except
on Saturdays, Sunday' and Holidays as provided fnr in Section S (a) and (c) of Regulation
Ordinance No_ 2011-2?2_ Violation ot- thi< Section will merit penalties rroYided for in the
ordi11~nce_

mentioned

C. lloilo City Task F'onc On Street Children

Section S4. The lloilo City Task Force on Street Children created thru EO No. 33, s.

201 l is herchy institutionalized which shall have the following purposes:

a) To rescue street children from the street'! or rioi1o City and to protect them fwm furthL't'
exposure to hazards nsk, ahuse and exploitation:
b) To acces:-; and pro':ide street chlldren hnsic services thru the following
1. Education~ pn)vision of scholarship or txlucationa1 assistance !l1r diildrC'n who
will Clttend form~d schooling an<l vocational/teL:hnolugical c:;kills training. for otdcr
children and those who would not want to go back to school;

2. i\n alternative home and family for emotional and

phy~ic.:al

security anJ safety:

3_ To el1ect changes mnong the families of street children in terms

or familJ

or

valrn:s and prevt:lll famil) disintegration through conduct

parenting enrichment
se::.:sions and increasing family income through livelihood assistance program:
4. To strengthen partnership among community. national government agencies.
non-go\.ernmt;':ntal organizations. church t:roups. busine::;s .sectors. and other
people's community - based organizations in assuming collective responsibility
in protecting chilJren.

Section 55. Duties and Responsibilities_

a. The Chairperson shall preside over all meetings of the Task 1-orce lo monitor and
supervise the implementation of all activities. programs. and projects relnted lo stred
children:
b. lfo.~ Sccrclariat shall provide coordintlli,m anJ referral servicL?~ 10 the various
committees. It shall be in charge of the documentation and repository of records rdatiw 1<1
all activities_ programs and projects which the Task Force shall implement:

c. The Committee on R~'.jource Uent~ration has the Juty to conduct ::-;p\'.'.i.;ial C\Cnts for
resourcegcneration and awarcness--enhanccment <lctivities for 1ht through: meeting with
corporatlons for financi.:il support. briUroom party. Hlngo, sor.:ials. 5hcnvs. (i:.g. play.:.; and
other charitable activities).

d. The Committee on Programs shall:

l, Providi: inventory and monitoring

or c..::nters athl institutions it1vol\C\.l:

2. Provide technical assistance in case management. trJ:ining of serdct. prl)viders.,

und center manapemt:nl:

3. R.P;;commcnd agencies fOr licensing and accreditation of programs and services.

facilities. capncily. hu<lget and technical staff to med standards:
4.Conduct inter-agency meetings for ~haring/consultation. dialogues/4.:oordination
und ft':porting.

5 Recommend fund augmentation support. especially to p:uticlpming centers and

institution-....
e. The Committee lln Legal Affair-. shall pnlVl<lt kga! .:issistancc and i..:nunsel to the
initiatives of the Task Frirce. c.specially during re~cuc operations and litigation of cast=s
against street childrer~ abusers and exploikr'l.
L The 'vlicw Cluster Committee shall:
l. Direct implementation of Parent Fffcctivcni:ss Sessions to pan.:1Jts of street
children:
2. fdentii\ street children and families to ::.upport them in availing the following
the following a"istance:
H.

Vocational skills training

h. Srorts prngram

\
<l. l ,t!gul Assistance
e. Capital loan assbtance

f. Fncilitate the operationircacti' at ion of !lCl'C

g. The Law Enforcement Commi1tee shall

J.,
,I

A.;,sist during rescue and reach

2. Arrest

roly~drug

llUt

opcra1lon and rcforrai of ~trcct childrt.~n:

users and syrn..licate manipulating stret... .t d1ildrcn:

3. Organization ;wd dcvdopment of' W,1rnen and Children's ('onc'crns l.l<esk in all

Police Stations in lloilo City:

.+ Conduct intelligence operations

t(i\Vards the neutrall/.ation of t:riminal

syndicate prlying on s1reel l'.hil<lrerL

h. The Media Affairs and Public Information Comm.ittee shall pro\ idt. inJ~wmatlon.

cdu<..:atlon and communication to lht' puhlic. guvi.:rnment anJ rublic agt:ncic:-; and
organizations and individuals on the activities or the project through media intervic'"'~
and gui.;stings. press releases. updates. column fcc<ls. pres<; <.:nnforences. billhoards.
pr1sters. flyers and \ idcos.

i. The Committee on Volunteer IV1ubili;:ation shall markl'l thL' concept to \ ~lfious civic
religious, and other groups to participatt.:' and commit themselves to become part of rhe

project' of the Task Force.

D. The lloilo City Dalayunan Horne for Roys
Section 56. Th< I/oil<> Ci(r Dttlllyunan /lome.fl>r Boys created thrn f:xcrurivc Order
No. 23, presently located at Ho. Obrcro, Lapaz, lloilo City under the supcnision of the City
Social Welfare and Development Office is hereby institutionalized.
Section 57. Functions. The DolaJ'Whll1 \'vill serve as temporary shc~ltcr und reformation
foci1ity for troubled children apprehended by law. giving them a chance tn rcftJrm their live~ h;
providing spiritual. psychological and moral supror1 thru:
C<1un,':icling services
2. Case management
Value incuk3tion and spiritual dcvclnrml'.nt

4. Medical and ps~chological assessment

5. Sports development

6. Skills training and livelihood program

Ref<crrnl service"

Section 58. Composition. The !Jal11vunan ;;liall he .:ornposcd of a Center Head, Social

workt:L 1-Jouscparcnts, Sl'curity Guard/(Jatt Kc~per. and such nther rersnnncl as

nl'cessary. all of wlh)m are to be appointed h~ the Cit)' :rvlaJ or.

Section 59. Duties and

Responsibiliti~.,.

A. Center llcad
1. Implen1cnts and execute policies and pmcedun:s

ma~

he

2. Responsible for prognun direction. coordination and g,1..~ncral supervislDn

:)_ Facilitates submi~sion or pcriodk: rl'p0rts of ClCL io cmnmittin~ cnurt::.:

recommends termination of Clll "'case
4. Fstahlish networking. linkages. :md odvocac; with pillars oi"thc justice system

5. 1\.1obiiizC'. utilize and generates human. mat~riaL and tec1rniLal rcsourcer; fwm

partner agencies
6. Establish linkuges \Vilh concerned gnvernmenl and nt.m-go\'ernmcnt agencies in
the drnliing of di version program according to the mandates and guidelines of RA

9344

8. Social Workers
I. Pro\ iJe soda!

\\OfkL~r

-"t:rYi..:es to Cl Cl. and their families

2. Obtains and prep<lrcs social \.'.aS.t..'

Coo1dinat..:s
center

~illd

work

clo~ely

~tud)

reporb

with the members

or the

helping

t1..~am

in the

4. Rcvkws and enrkh pn.igr:Jnb tl.x the case and trca1ment of the client~
5. Assists the center head in planning program an<l
6. Maintains

dos~

adivitie~

fl)r Cl( 'I.

coordination \Vith the court sodal ,.vorkers

7" Prepares narra1ivc and progress

report~

ofCICL cases

8. Ped(,nns other n. . lakd ta~ks as as.signed by the ci.:1ner hcaJ

C. House Parents

1. Instills Jiscipline among the CIC!

2. lntcrprets rules and regulations and k.l.:eps track of its observance

'Coordinate in the daily activities of the Cl('I

.J.. Eats meal with the residents thereh;. teaching them to pray be!(Jrc mC'als and
ckmonstrate proper tahle manners
5. Properly assist C!CL during the medical laborator: check upiJwspitalization

and administer m~dication as indicated in the prc'!cription

Undertakes center management particularly on hygiene and sanitation ~md
physical order

h.

7. Supervises

houseke~ping

s~i:.:urity

Uuardi<"iatc-kceper

l Maintai11s perH.::c and ~Hder

2. Protects bttilding prope11ics and premisc.s

3 Guard:-.; its client~ and occupants from Oi.!t.-:.ide annoyance and interfcreJ11.c h;
unauthorized person::;
4 Lsco11s residents to and from the cenit..'1

5. Checks and rel~ords time arrival and departure of cmpluyecs and others.

Section 60. Partner Agencies

a. Philippine N"tional Police - The lloilo CitY Police Office and the fhm:au e>I Jail
Munagement and Pt:>nolog) shall endor~e/refrr 10 Dalayunan idcntifit'd ClCL f'or l:u-.;hxl:thru detention/\.:ourt orders. It shall likewise provide ~ecurity assistance and maintain pcm:.e
and order in the center.
b. Jloilo City Police Office- Women and Children Concerns Section (lCl'O-WCCS)
shall he resptin::;ib1e for the apprehension nnd investigatitn of Cl( 'l,s.
c. Department

,,f Sm:ial

Welfare and Dc'Yelopmcnt Ol'lice - shall recogni1c and accredit

the fJcdayunun as a reformation center that \Viii tnke custody of C[CL sin lioiln City.
d. Department of Education - extends its "ierviu:s hy facilitating speda\ i..~ducation

CICJ.s of nalc~rwwn thru

~1llernative

lO

lcnrning ~yskm.

e. Department of 'J radt' and Industry - Provides skills training Ji:vclorment progrnm

r<1rticularly in livdihooJ and income generating activi1ie"' of th~ CICL.

f. West Visa) as State University Medical Center and Western Visayas Medical Center
ClCI.s from Du!ayunan needing and requiring hosritaiization and
~merg.:ncy medical services.

acceptance

or

12. Technical Skills and Development i\uthorily (TESDA)

provides skills t1,1ining to

CIC L's based on their interests and needs.

E. Crisis lnten,ention Center

Sc('tion 61. Crisis lntenrcntion Center. -In recognition of the special nel.!d for
rrotectlon. nssi<-;tance an<l de\elopml.'nt of children in consonance with the spirit nnd letter of the
Constitutional provisions and Repuhli<: Act No. 7610 mandating the protc'ction against child
abuse. exploitation and discrimination and likcwi..;l.' R.:puhlic !\ct 8505 mundallng the
cstalilishment of a crisis center in every pro\luce and cit) authorizing the appropriation of funds
therefor. a crisis intcrnntion center shall he cstahJi,heJ in the Ci1y of lloilo. Services of the
center shall n<lt be limited to abused childr~n hut shall equally cater to the oLhcr vulnerable
sectors of s012icty pmticu!arl; women.

Pa,'!~

26

Section 62. Objectives of the Crisis Intervention Center. -- The Ci-i,is Intervention
Ccn1cr 'hall have the following: oh_jectivcs:

a. Io provide tcmpor.iry shdtcr and basic services lo abused children and women:
b. To network with non-go\'crnn1ent organizations and gnvi.:rnnicnt agcm.:1es for the
provision of the needed medical, psycho-social and kgal services necessary i11
restoring/building the sell._~skcrn nflts clients:
c. To encourage and huild the capacities of abused childr~n and \\omen

10

come into the

open dnd pur,~uc case" in court whcrn:\'1;,'T they an: ready~

d. To provide life skills and livelihood training to abused children and 'lvome11 whik in 1h1:
center lo enabk them to he productive .md as a tlirm of therapy:
e. r~) provide livelihood assistance and placement to abused children and \\onxn \.vho an:
read~

to

be

reintl:grakd

w~th

their

families

and

<:omrnunitio.:s:

r lo conduct a pro\ince-widc education and advocacy program aimed at raising public

awarcrn:ss on the evils of chilJ abuse anU domestic violence. and a nwssivc- information
and
women:
on
rightf,
children
dissemination
the
of
g. To link up vvith pnivinciaL city and local government entities rnandnted to fonnul8tc and
enlorce legislation aimed at the protection of children and women for polic; reforms and
laws
enforc..:inent
of

Section 63. Organizational Structure, Management and Operations oftht

Center.~

a. The City Council for lhe Protection or Children ""ill t~xmubll" 1hc <'rgani7atinrn1I
structure
of
the
center
depending
on
thi:
need
for
ft<;
scrvict:';:
b. The member age1Kics of the City Council for the Protection of Childr..:n and other
national agencies and NGOs which have pledged SLLpport for the center will sign a
Memorandum of Agreement IC.)r their commitment ofsen'iCl~ and/or resources to ensure th~
sus1;1inahility

llf

Lh\.!

c. The center will be under the Sllpcrvision of the Orlicc

Development:
\

c~ntcr's

,,f the

'ieniccs:

City Social Welfare and

d. l'he Ortice of the City Social Wdfore Hild Development and the City Council for the

Protectlrn~ llf~Ch_ildren,

sha:l _i~suc.the nLces:sary r~lcs . policies, r(.':gufa1ions and g11idel11lt:'.<-.

or the eflectivc tmplcmentatton ot the programs of the cenkr.

Section 64. City Govl'rnml'nl Support f'or The Crisis lnten'<'Iltion Center. --The ci1y
gmcnunent of iloilo shall provide supp.lrt for the construction. maintenance and continued
op1.rations of the ~risis intervention center.

F. Children in Situations of Armed Conllict

Section 65. Protection for Children Chtldrcn in situation of armed (:Onllict '-'hall he
considered victims and shall be afforded full rrotection in ncc<>rdance with the prm isions of IV\
7610 or "FllE SPE< '/Al PROTEC'J'/OV OF CHILDREN AGA/NS/' C'Hl/J) AB/Sf:,
FXPLIJ/rn'/O.\' AXD fl/SC 'IUMI,\'ATJ().'V 41 !

G. Children in Contlict with the Law

Section 66. Rights of a .Juvenile. -- Pursuant to lhc LINCRl.'. every child alleged or
accused of having infringed the p\.'nal !aw has at lcust the foHo\\lng guar<.mkes:
a. To bt: presumed innocent until proven guilty according to law;
h. To be informed promptly and directly of the charges against him or her. if appropriate,
through his or her parents or legal guardians, anJ to have legal or other appropri;1tc
assistance in the preparation and presentation of hb or her defons.::

c. To have the matt~r determined without lklay hy a competent independent and impartial
authority or judicial body in a fair hearing according to l<.iv.'. in tht' pri:s12nce or legal or
other appropriate ussistance and, unless it is consid~red not to be in the hest interest of the
child. in particular. taking into ac1.:ount his or her age or situation. his or ht'r pan~nts (Ir

legal guardians:
<l. Not to be compdled to give testimony or to confess guiit: to examine adverse witness and
to obtain the partidpation of and examination ot' the \\-itncss on his or her hchalf Lmder
1.:onJitions of equality~
e. If considered to ha\ e infringed the penal laV\. to have the decision and an; men sure
imposed in consequence thereof rcvicv..'Cd hy a higher competent, independent and
impartial authority or judicial body according. to la\\:
f. To have the free assistance of an interpreler l r the child cannot undersrand or s1x:-ak the

language used:
g. 'T\1 ha\c his or her privacy

fully

respected

in aI! stages of the pwct:edings.

furthermore. the local gownm1ent shall ensure the strict enforcement of the rights of
the child in contlict with the law as enumerated in RA 9344 otherwise kno'"' as",!,\' ACT
h.S'f>IBL!.';f{!NG A COMPREfffoNS/VE .!Ul'ENILE JUST/Cf:' Ai\'/) Wf:UARE sn'TEM.
CREATING IJ!E JUVL'.V//,F JI/ST/Cl;- .1.VJJ Wl:LFARlc C()( 'NCIL C.\iOFR /Hh
ULPARt/v/LNT OF JUSTICE, APPRO/'RIATING FUNDS Tl!EREFOR AAD FOR OTHER
Pl'Rl'OSFS.
Section 67. Duty to Inform Child of His/Iler Offense. -- The competent authorities are
to explain to the minor in a language- kno\\n anJ m11JerstOl)d hy her/him 1hc

duty~bound

con~equences of her/his acts and/or omission. The minor's responsibility for the c1.1mmisslon of
any folony shall he explained t<l her/him with a 'iew towards coun.,elini; ~nd rehabilitating
her/him. and a1-'oiding her/his contact with the criminal justice system and indemnifying the

\ictim.is if there he any.

Section 68.

Intervention and Ueli0<1ue11cy PrcHntion

Each LG\' ,;hall c'lablish

programs for juvenile intervention and delinqucnc:) p1Y:vention to address issue" thul 1.-au:zcd the
child lo commit an offen.se, taking into Cl)tt-;ideration thl' following:
a. f~mphasis

011

the intervention or

prt.'\.elltion

po]icit'S facilitating thl'

'JlH..::CC'.-1'.'.:lfuJ

socialization and integration of all 1.:hildr('n with the family. through the cnmmunit;, p~;cr
groups, sd10ols., vt1catiorn1l training and wnr1J of work as well us through \,olunt~tr)
organizations:
b. Drn? respect should be give-n to the prnp~r personal dc\c!oprncn! ol' children_ and the}
shotild be accepted a:'. full and equal partners in sociaiization anJ integration procc:-ises.
The LGIT shall rnmply with the guideline'> prescrihed in the National lnlencntion
Program by the Juvenile Justice Welfare Council (.1.IWC) as provided for in Republic !\ct No.
9.144 (Juvenile .histice Welfare Act or2006) aml its Implementing Rules and Regulatinns, in the
formulation of its Juvenile Intervention and Delinquency Prevention Programs.
~CPC sh()uld he strengthened in order to

intcncnc in the conduct of delin4ucnc)

prevention.

S\"ction 69. Indigenous Modes of Diversion. -- ln<ligenou~ muJ~s of CtJnflict rc-;o\ution

in harmony with international and nation'-11 human rights and child's right:'l -;;;tandards :-;hall br
resorkJ to and encouraged. The minor's anJ her/hi~; family"s active participation in et'forts
towards conflict resolution shall be optimized. The family shall he held answerable as "ell as
exercise parental care and supervision ov..:r th{' person of the minor:

Section 70. Termination of Case. -- Ir the competent authoritis determine that the child
did no1 commit the offense charged. the ca:-.c sh.:111 ht: tcrminaled and a <lccision to l11at effect
shall he written and explained to both parties.

Section 71. Confession or Admission of Offense. -- If the child voluntarily admits m

confesses to the commission nf !he offense ch8rged. the competent authorities shall decide on the
di\ersion rrograms to he undertaken by thc child. Any a<lmis~ion or cont'c'ssion nf the child shall
by th~ child and countersigned b~ the parents or legal guardian. and an,; of the

h1.~ signed

following in the following order: loml "'cial welfare and development olfaccr. the nearest
relative. memt'ier of a child-focused group. religious group. or a memher of the Baranga;
Council for the Protection of Children contcrned. The) shall sec to il that thl' t.:onkssion of the
child is \'oluntarily executed.
!fthc child does not admit or confess 10 the commis~ion of the offense and th1.. \\tight of

\~he

cvidene.e presented shows that the child c~nclusi'd) ccinunitted the oilcnsc. tile competent
authoriLic!.'i shall endeavor to rnakc the chilli rea1i1.c his/hi:r rcsponsibilit) and obllgution arising.
'rom th~ l'.ommission of lhe offense as well as the penal tic~ imposc:d therefrom.
!)uring any stag~ of till' di\icrsion pruce1.xlings, any nJrnission or conks:<.ion ofa child f'ni

an offense shall he inadmissible as evidence against the child shouJ<l the diversion proceeding"
foil. Neither ~hall the sam~ he held to lx admissible in evidenc1.. against the rhild lit.fnrL' any
proceeding.

In all co11Juct of the

Section 72. Prohibition against Labeling and Shaming.
proceedings hcginning from the initja! coi1taLt of ch~ chilJ. the compctc--nt authnritk"..; rnu:it refrain
from branding or laheling minors as young criminals. juvenile delinqucn1s, prostitutes. sm1td1cr-;.
rugby boy5 or attaching to them in any manner any other derogatory names.

I ,ikewis~", no

discriminatory remarks and prartices 'hall be allowed particularly with respcn 10 the minor's
class or ethnic origins. The officer violating this provision ~hail be administrati\cly liable.

Section 73. - Prohibited Acts Against Children in Conflict with the Law. - 1\ny a11d
all acts and practices which are prejudicial and detrimental hl the ps1chologica\. c1rn1tional.
~o\;iaL spiritual. moral nn<l physical hclnth and well-being of the mi1wr shall he prohibited.
a. Authorities shall refr:1in from employing threats of whatever kind and m\urc nnd/or abusive.

coen..:ive and punitive 111casures in dealing with minors. Such rracticC's. \vhctht:r

committ~d

directly or indirectly by persons in authorit;. their rcpresentatiYes, or any other persons acting
under 1hcm or in their behalf
shall
be
dealt

such as cursing, beating. stripping, <md c.ktainin!! minors in cells

''ith
administrativt"l)
and
criminally~

b. Likcv\"\se. degrading. inhuman anJ cruel forms of punishment such as ~ha\'ing the hends of
minor'.'i. pouring irritating. corrosiH:- or harmful suhstances ov,r.r their hodks. or forcing minnrs tu
walk around the comnmnily wearing signs which cmbarra~~- hl1miliatc. and d~gradi: their
pcrsonhon<l and dignity :md \,\hich harm them psychologically. ernotionally. spirituaHy. morally.
aml
physically
'hall
he
prohibited:

c. No minors shall likewise be rna<le subject to inw1lumary servitude in an} and all forms u11de1
any and all instances hy their arresting offic~rs and!or custodians. Designating antVor compdling
minors to act and se:rvc as errand boys/girls. cleaners. or hc-lpers js :tlsD rrohihitcU.
Any vinlation shall be penalized Vvith one ( 1) !'Car imprisonnicnt and a line of One fhousand
Pesos to Five Thousand Pesos (Pl .000.00-P 5,()00.00). However. if these violations arc likewise
penali?cd in any national law. the penalty imposed in such naticmai law sliall he li>llowed.

Section 74. System of Diversion. -- The cit; governmrnt shall ensure that rhc system of
diversion as enunciated in Republic Act <i:q4 otherwise known as .... 1,v ..I( T L,\"f'.~Bl!SI 1!1\'G A

u~

1~

CO:\fPRElfENS/fF .ll'l'EJ\'Il.E JUST!<'/:' A\'f) WFLFARE SlSTFH <'Rl:AT!Nli Tl!E.

JUVE.\'//.[; .JI !ST/(' ,JXD WJ\f.!'.4RF ( rn.'.\Cll l iYDER THE Dt.P.IRTJfFVJ <!F .JUSTTCF
Al'f'ROPRIATJ.Wi fl W/JS Tl!F'.REFOR AND f'OR OT/fER PCR!'OS/:S'. illlicd lcms and
issuances.
strictly
implemented.
and
dlicicntly

Section 75. Training of the Lupong l'agapamayapa. - In addition to Lhc rcquircmem

provided in St;ctinn 399 of the Local Oo\crnmcnt ("ode, the members ronstituting th~ I .upon
shall he provided with regular training by tht: loc.:a! government unit (.:Onlcmed. in L'(Hlperation
v.ilh the local social v.clfarc and de\'elopmen! <>fficer and N( iOs specializing in children. which
training shall include. among 0th1:rs. conflict management and ml'Jiation skill~. paralegal
seminars nn ht\\~ on children and child psyLholog.y.

Section 76. Assistance of Child by Parents. -- Any agrcement rcs11hing in barangay

condliation shall also be signed by the child with the assistance of any of the followin~ in the
follov.ing order: the parcnL's, legal guardian. local social welfare an<l devclopm:nt oniccr, "
relative. a member of a child-focused group. or a member of the Barangay Council for the
Protection of Children c.mcerncd. Otherwise. ><1ch documents shall b, null and void.

Section 77. Referral to rnversion Programs. - In the process of conciliation, the 1 upm1
the Pangkat a~ the case may he shall enl:ourage the inclusion of ~ommunity s-ervicc pwgram
or other fl)t"ms of diversion to be include<l in the settlement.

l)f

Section 78. Designation of Officer or llnit to Handle Cases lnvohing Children in

Conflict with the La" -- The Philippine National Police shall desig.nate a Child and Youth
Relati<ms Oftker or Unit (CYRO or CYRll) or any social worker to handle cases involving
youth oflenders. Provided. that a CYRO or social worker shall not be made to handle one or
more child offenders \\ho are members of or who constitute warring faction.'I or organizations.
The foregoing CYRO or CYRl J l'f social worker may be integrated with 1he present
Vv'omen and Children's [)e:.;k or rnay he a sepa1me unit. depending on the {:ondition~ oft}H.' ar~a.

Section 79. Procedure hefore the CYRlJ. -Cases involvingjmc:niks shall he rekrred

to the CYRO or C'YRU \Vhirh shall conJucl an initial inquiry in ~u. cord:..1r1c~ with thi: proccdur..:"
for ,iudicial proceedings and custody as outlined in Section 25 of R.J\. 7610 or Lill' Child Abuse
Act.

Section 80. Duty of the CYRI.;. -- !\lier the initial iw.iuiry. if the ofknse does JHI fall
under the Katarungang Pamharangay. the CYRO l}f the ( 'YRU shall c{indud further
invc.-;tigation of the child rmrsuunt to Section 25 of R.A 7610 or the Child Abu~c AcL nthenvi:-::t'
it shall refer the case to the baranga~.

Section 81. Manner of lnnstigation of a Jmcnilc.

-~A

child shall <)n[) be investigated

or his/her statement sec.:ured in the prcscnc.:c of any of the rollowing in 1he f()l\owing order:

his/her parents/guardian, the nearest relati,,e. memhcr of a child-focused group. rdigious group.
member of lhe Harangay C'ouncil for the Protection nf Children concerned, 1Jr the local social
welfare and development otliccr. and hislher counsel. In their presence. the child shell be
infon11ed of his/her constitutional rights to remain silent and to competent and independent
counsel ol' his/her own choice in a language that is clearly understood by the child. the parents or
guardian.
lf tl1c child cannot be represented h) counsel or his/her own choice. the CYRii or th,:
CYRO shall contact a member of the Public At1orncy"s Office to asoist the child. Any
conkssions and admissions in ,iolation ol' the:".l" righ1s are inaJmissible as e\ iJcnee against the
child. In nn case shall d~ceit. false promise~. intimidation or harassment be employed again:::l the

child. Respect for the human rights of the child. as provided hy both intt:rnati<'nal and Philippine

laws, shall he of panunount cunslderation during the

r.;~1~todial inv(;'~tigatilin.

Page JI

Section 82. Right of the Juvenile to Counsel. -- From ctistodial 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 83. Custody and Supervision. -- No child shall be removed from parental
supervision, whether partly or entirely, unless the circumstances of her or his 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/legal guardian the child custody shall be directed to the Punong Barangay where the
child reside.
Section 84. 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 for cases
involving children and adopting a system or 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 subsequent cases involving the same of1enders.

Article VI
IMPLEMENTING MECHANISMS
A. Local Councils for the Protection of Childl'en
Section 85. Strengthening of the Iloilo City Council for the Protection of Children, The City Government shall maintain the council for children known as Jloilo City Council for
the Protection of Children (ICCPC or Council) and coordinate with the Barangay Council for the
Protection of Children (BCPC) at the barangay level. This is in keeping with the mandate of the
CPC, Council for the Protection of Children (CPC) to coordinate in the fommlation,
implementation and enforcement of all policies, programs, and projects relative to the survival,
development and protection of children or the local councils.

It shall plan and implement programs and services for children by virtue or the LG Us power and
authority to plan and implement local socio-economic development plans, policies and programs.
Section 86. Composition and Functions of the Tloilo City Council for the Protection
of Children (ICCPC) a. The lCCPC shall be headed by the City Mayor as Chairperson with the City Social
Welfare and Development Officer as Co-Chairperson with the following members:

;/It

Page 32

\, Chainnan of S.P. Committee on Labor Employment Manpower Development and

Placement
2. Chairman ofS.P. Committee on Women & Family
3. SK Federation President
4. Liga President

5. District ABC !'residents

6. City DILG
7. Ilaila City School Superintendent

8. DOLE

9. City Director of PNP

IO. Commission on Hwnan Rights
11. City Planning & Development Office
12. City Budget Office
13. City Treasurers' Office
14. City Health Office
15. 3 accredited NGO's concerned with children
16. Chairman Committee on Youth & Sports Development, lloilo City Council
17. Child representative
18. Any individual representing an organization as deemed by the City Mayor.
b. The TCCPC shall have the following functions:
1. formulate plans. programs and policies for children that are gender-fair,
culturally relevant and responsive to the needs of diverse groups of children
from 0 to below 18 years or age
2. Prepare Annual Work Financial Plans (AWf P) for children and recommend
appropriations to the Sangguniang Panlungsod
3. Provide coordinative linkages with other agencies and institutions in the
planning, monitoring and evaluation of plans for children
4. Provide technical assistance and recommend financial support to all Baran gay
Councils for the protection of children in the city

Page 33

5. Establish and maintain database on children in the city

6. Foster the education of every child
7. Advocate for the establishment and maintenance of playgrounds, day care
centers and other facilities necessary for child and youth development
8. Recommend local legislations promoting child survival, protection,
participation and development, especially on the quality of television shows,
media prints and coverage which arc detrimental to children, and with
appropriate funding support.
9. Assist children in need of special protection and refer cases filed against child
abusers to proper agencies/institutions
10. Conduct capability building programs to enhance knowledge and skills
supportive of the children's programs
11. Document barangay best practices on children
12. Monitor and evaluate the implementation of the program and submit annual
reports to the D 11,G
13. Monitor the functionality of the BCPC in every Barangay
14. Perform such other functions as provided for in 1-:arly Childhood Care and
Development policies and other related laws
Secretariat support shall be provided by the City Social Welfare and Development Office.
The secretariat shall be composed of at least two (2) in-house CSWD staffa, which shall
responsible for the documentation of proceedings of meetings and preparation of the reports and
other necessary documentations as needed by the Council and shall provide administrative and
technical support services to the ICCPC and facilitating the submission of monitoring reports to
the DILG and other concerned agencies.
Section 87. Establishment/Strengthening of Barangay Council for the Protection of
Children (BCPC) ~The Barangay Council shall create a Barangay Council for lhe Protection of
Children (BCPC), the composition of which shall be in accordance with Ruic 15 (c) of the
Tmplementing Rules and regulations of R.A. 9344 The BCPC shall have the following
functions:

l. To foster education of every child in the barangay; (To ensure every child in the
barangay to acquire at least an elementary education);

Page 34

2. 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 relationship;
3. To report all cases of child abuse to the proper authorities;
4. To protect and assist abandoned, maltreated and abused children and facilitate their
cases filed against child abusers;
5. To prevent child labor in their area and to protect working children from abuse
and exploitation;

6. To take steps to prevent juvenile delinquency and lo assist children with

behavioral problems so that they can get expert advice;
7. To adopt measures to promote the health and nutrition of children;
8. To promote the opening and maintenance of playgrounds and day care centers and
other services that are necessary for child and youth welfare.;
9. To secure the cooperation devoted to the welfare of children and coordinate
their activities;
10. To promok wholesome entertainment in the community;
11. To assist parents whenever necessary in securing expert guidance counseling
fmm the proper governmental or private welfare agencies;
l 2. To advocate for the passage of child-friendly barangay ordinances in response
to child-related issues and concerns;
13. To prepare the harangay 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
14. To submit quarterly barangay accomplishment reports on the implementation
of the plan to the ICCPC through the CSWDO.
15. To hold classes and seminars on the proper rearing of children. It shall
distribute to parents available literature and other information on child
guidance. The council shall assist parents, with behavioral problems

~
I

whenever necessary in securing expert guidance colU1seling from the proper

governmental or private welfare agency.

~9rd.

No. 2012-l95 Arr. 25

20~f

Page 35

16. To take custody of the child in conflict with the law who is found to he
fifteen ( 1S ) years of age or below if the parents. guardians or nearest
relatives of the child cannot he located, or if they refuse to take custody of
the said child.
17. To be present in the initial investigation of the child in cont1ict of the law in
the absence of the childs parents. guardian or nearest relative, and the Local Social
Worker and Development Office (LSWDOJ.
Section 88. Representation of Non Governmental Organizations in the Councils for
Children. - The local legislative council shall invite NGOs with child-focused programs for
membership in the council for the protection of children, provided that these non-government
organizations are duly accredited by the local sangguniang concerned based on its criteria of
accreditation.
Section 89. Internal Rules of Councils for the Protection of Children. - The local
councils for the protection 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.
Section 90. Child Impact Statement. - Local government units are required to prepare
child impact statements" indicating the likely repercussions of proposed legislation or policy on
children.

Section 91. Mandatory Consultations. - Prior to the implementation of any national

project b) any and all national government agencies, bureaus. or offices affecting children. the
express approval by the city mayor and the Sangguniang Panlungsod shall he obtained after the
holding of the public bearings on the matter.

Article VU
Remedial Measures and Penal Provisions
Section 92. Persons Who May File a Complaint. - Complaints on unlawful acts
committed against children as enumerated herein may be filed by the following:

1 . Offended party;
2_ Parents or guardian:

3. Ascendant or collateral relative within the third degree or consanguinity;

4. omcer, social worker or representative ofa licensed child-caring institution;
5. Officer or social worker of the Department of Social Welfare and Development;

Page 36

6. Barangay Chairperson; or
7. At least three concerned responsible citizens residing in the community where
violation occurred.
Section 93. Protective Custody of the Child. - The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and Development
through the local social welfare and development officer pursuant to Executive Order No. 56,
series of 1986.In the regular performance of this function, the officer of the Department of Social
Welfare and 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 94. 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. publisher. and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio broadcasting, producer and director of the
film in case of the movie industry. to cause undue and sensationalized publicity of any case of
violation of this Act which result in the formal degradation and suffering of the offended party.
Section 95. Reporting. - A person who learns of facts or circumstances that give rise to
the belief that a child has SLdlered abuse may report the san1e, either orally or in writing, to the
Depat1ment of Social Welfare and Development, to the law enforcement agency or to the BCPC
concerned.
Section 96. 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 fony-eighl (48) hours from
knowledge of the same.
Section 97. Dul) 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 llher government otlicials and
employees whose works involves dealing with children to report possible child abuse to the
authorities mentioned in the preceding sections.
Section 98. Failure to Report. - Any individual mentioned in the preceding section who
possess knowledge of a possible child abuse and fails to report the case to the proper authorities
shall be punishable under R.A. 7610.
Section 99. Immunity for Reporting. - Any person who acting in good faith reports a
case of a child abuse or any of the prohibited acts under Section 51 hereof shall be free from any
civil, criminal or administrative liability arising therefrom. There shall be a presumption that any
such person acted in good faith.

Page 37

Section 100. 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 imprisonment of
six months to one year and/or a fine ranging from P500.00 to P5,000.00 (Philippine cu1Tency), at
the discretion of the conrt.

For first time offenders, in cases not otherwise punishable under national laws where the
offender is the parent or teacher of the child or relatives within the fourth degree of
consanguinity or affinity, if the offender admits to the offense and is sincere and willing to
reform, the foregoing penalty may be waived subject to the consent of the child and the
following measure imposed instead:

I.
2.
3.
4.
5.

Attendance in a parenting or any appropriate seminar;

Community service of I 0 to I 5 days;
Counseling sessions;
Family therapy;
Participation in appropriate training courses.

For offenses punishable under Act No. 3815 as Amended (The revised Penal Code). P.O.
603 (The Child and Youth Welfare Code) Republic Act 7610 (Special Protection of Children
Against Child Abuse. Exploitation and Discrimination Act) as amended by R. A. 9231 (An Act
Providing for the Elimination of the Worst Forms of Child Labor and affording Protection for the
Working Child), R.A. 9208 (Anti-Trafficking in Persons Act of2003), R.A. 9262 (Anti-Violence
Against Women and their Children) R.A. 9344 (Juvenile Justice and Welfare) or any other law.
the otlended party and/or any party so authorized may file a complaint under the national law,
and the penalty in such national law shall be imposed.
Failure lo comply with pertinent provision of this code by the concerned local chief
executive, members of legislative bodies and/or head of offices or bodies shall constitute
dereliction of duty subject to penalties prescribed under the Local Government Code and other
pertinent laws.
Article VIII
BUDGET ARY APPROPRIATIONS
Section 101. Budget Appropriation. - Ibe local government unit shall appropriate
fonds as part of its annual budget for the implementation of children's programs.

The budget allocalion for the construction, operations. and maintenance of the Crisis
Intervention Center as provided for in Section 64, Article 4 hereof. Children's Programs
prescribed in Article 4 hereof as well as the implementation of the programs of the Task Force
on Street Children, shall be taken from a portion of the annual budget allocated for the Local
Council for the Protection of Children, Gender and Development Program, Care and
Maintenance of Wards, Fund for Breaking Barriers for Young Adults, Day Care Service
Program, pursu,.ant to the Program of Appropriation of the implementing office concerned.

Upon recommendation of the ICCPC and subject to the availability <'!'funds, the city
government shall provide funding for the programslprojects/activitic', ""children and ensure that
these arc implemented.
l\.1aintcnancc and other operating ~:xpcnses that maybe necessary and innirred ft.1r the
operation of' the Dalayunan Home for the Hoys shall be chargeable against the l % of the City
intended for rrngrnms and projects of the Local Council for the Protection of ChllLh:n (LCl1 C J
The Sangguniang Kabataan is encouraged to share a portion of i ls budget allowed under
existing lav.s to children's programs and projecis.
I ,ocal councils may organiL:e fund raising activities to support their programs and
The utilization of funds shall he :-;ubjcct to thi: usu<.d accounting and auditing

project~.

procedures.

ARTICLE IX
SEPARABILITY/ Al'l'LICAHILITY/ REl'FAUNW EFFFCflVITY CLU:SES

Section 102. Separability Clauses. -- IL for any reason or reasons, any parl or prnl'ision
of this code shall be held to he unconstill1tional <1r invalid. other parts of pnH'isions hereof which
are not affoctcd thcrchy shall continue to be in full force and effect,
Section IOJ. Applicahility Clause.
All other matters relating lo the impositions or
regulations provided in the code shall be go\'emed by the pertinent provisions of existing laws
and other ordinances. This code shall apply to all the people \Vithin the territorial .iurisdiction of
the City of lloilo and all persons who may be subject to the pwvision of this code.
Section 104, Repealin11: Clause, - All 01dinanccs, resolutions executive onJers mid uthcr
issuances which are inconsistent \Vi th an) o1' the provision~ of this code are herch:i repealed or
modified accordin!,!ly.
Section 105, Effcctivity Clause, - This Code shall take effect 30 days after completion
of its publication in a newspaper or gt'neral publication within its j11ri~tlidion and posting in at
least three conspicuous places in the City of lloilo,
FNACTFD. April 2'i. 2012.

l hereby certify to the correctness of the above quoted ordinance.

i,~O);l<~OYO j

Scc~;y to the ~anggunian_411.

ATTESTED AND CERTIFIU)
TO RF DULY Fl'ACI'ED:

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1E'o P~l'R1d'tf 'i-AAmLOn~
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lL'ih Mayor
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