Republic of the Philippines

PROVINCE OF SURIGAO DEL SUR

MUNICIPALITY OF MARIHATAG
Tanggapan ng Sangguniang Bayan
(Office of the Municipal Council)
EXCERPT FROM THE MINUTES OF THE ____ REGULAR SESSION
OF THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF
MARIHATAG, PROVINCE OF SURIGAO DEL SUR, HELD ON
_______AT THE LEGISLATIVE SESSION HALL
PRESENT:
Hon. Jovita S. Umapas
Municipal Vice Mayor
The Presiding Officer
Hon. Bonifacio V. Rivas
- Member, Sangguniang
Bayan
Hon. Elpedio L. Lamela, Jr.
Member, Sangguniang Bayan
Hon. Raul T. Cubil
- Member, Sangguniang
Bayan
Hon. Jeniffer P. Cubil
- Member, Sanggunian Bayan
Hon. Richard C. Yu
- Member, Sanggunian
Bayan
Hon. Joseph R. Campos
- Member, Sangguniang
Bayan
Hon. Rodrigo M. Guerzo
- Member, Sangguniang
Bayan
Hon. Eufracito O. Alvizo
- Member, Sangguniang
Bayan
Hon. Rebecca S. Polinar
Pres.,
Liga
ng
Sangguniang Brgy.

MUNICIPAL ORDINANCE NO.___

(Series of 2013)
AN ORDINANCE ENACTING THE MARIHATAG CHILDRENS CODE
Introduced by: Hon. Jovita S. Umapas, and Hon. Elpedio L. Lamela, Jr.,
WHEREAS, the Sangguniang Bayan of Marihatag, Surigao del Sur
has seen the urgency in the passage of a measure that would protect
and promote the welfare of the children as the countrys most precious
resource.
NOW, THEREFORE, BE IT ORDAINED BY the Sangguniang Bayan of the Municipality
of Marihatag, Province of Surigao del Sur, that:

ARTICLE I
TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS
Section 1. TITLE This
MARIHATAG CHILDRENS CODE

Ordinance

shall

be

known

as

Section 2. DECLARATION OF POLICIES AND PRINCIPLES.

The Municipality of Marihatag, Surigao del Sur recognizes the child as
one of the most important assets of the nation and as such hereby
declares the following policies and principles, viz;
a. In unity with the state, the municipality hereby adopts the month
of October of every year as Childrens Month and declares
October 17 as Childrens Day.
b. The municipality shall promote and protect the physical, moral
spiritual, intellectual and social well-being of the child. It shall
inculcate patriotism and nationalism and encourage the childs
involvement in public and civic affairs.
c. It is the policy of the Municipality, in conformity with the mandate
of the Constitution, Laws, Issuance and the United Nation
Convention of the Right of the Child to promote the rights of
children to survival, development, protection and participation
effectively, institutionalize the comprehensive framework,
integrative, sustainable and equitable development.
d. It is also the policy of the Municipality to defend the right of
children to assistance, including health, nutrition, education and
special protection from all form of abuses, neglect, cruelty,
exploitation and discrimination, and other conditions prejudicial
to their interests and provide sanctions for their commission.
e. It is also the policy of the Municipality to apply all rights of the
children without discrimination, irrespective of the childs or his or
her parents or guardians nationality, identity, race, color, sex,
language, religion, political or other opinion, ethnic or social
origin, property, disability, paternity and filiation, birth and other
status.
f. It is also the policy of the Municipality, the best interest of
children shall be the paramount consideration in all actions
concerning them where every effort shall be exerted to promote
the welfare of children and enhance their opportunities for a
useful and happy life.
g. Finally, it is the policy of the Municipality that the best interest of
the child shall be the paramount consideration in all matters
affecting them. All doubts in the interpretation of the provisions

of this Code including its implementing rules and regulations shall

be resolved in the best interest of the child.
Section 3. Definition of Terms. The following terms used in
this Ordinance shall be defined as follows:
a) Basic Education- The formal education deemed necessary for
somebody to function properly in the society referring to preschool, primary, elementary and secondary education.
b) Child- refers to persons below eighteen (18) years of age
those over but are unable to fully take care of themselves
protect themselves from abuse, neglect, cruelty, exploitation
discrimination because of a physical or mental disability
condition.

or
or
or
or

c) Child Abuse- refers to the maltreatment of the child, whether

habitual or not, which includes any of the following:
1)

Psychological and physical abuse, neglect, cruelty, sexual

abuse and emotional maltreatment;

2)

Any act by deeds or words which debases, degrades or

demeans the intrinsic worth and dignity worth and dignity of
a child as a human being;

3)

Unreasonable deprivation of his/her basic needs of survival

such as food and shelter; or Failure to immediately give
medical treatment to an injured child in serious impairment
of his/her growth and development or permanent in
capacity or death.

d) Child Labor- any work performed by a child that subjects a

child to economic exploitation or that is likely to be hazardous for
the child or that interferes with the childs education, or that is
harmful to the childs health or physical, mental, spiritual, moral,
or social development.
e) Child in the Conflict with the Law (CICL)- is a child alleged
as, accused of or recognized as having committed an act or
omission defined and punished as a crime or offense under the
law, rules and regulations and ordinance of local government
units.
f) Day Care Service- is the provision of substitute parental care
and stimulating activities for the total development of children,
zero to six (0-6) years old when their parents are unable to take
care of them during part of the day because of work or some
other situations.

g) Day Care Center- is a DSWD accredited facility where day

care services are provided by an accredited Day Care Workers.
h) Delinquency- a childs wrongdoing/misdemeanour.
i) Debt Bondage- refers to the pledging by the debtor of his/her
child for personal services or labor in payment of debt.
j) Development Rights pertain to the access of a child to
educational opportunities, access to relevant information, play,
leisure, cultural activities and the right to freedom of thought,
conscience and religion.
k) Differently-abled children- children with physical or mental
disability.
l) Diversion- refers to an alternative child-appropriate process of
determining responsibility for an alleged offense as well as in
determining the measures, if any, to be undertaken by the Child
In Conflict with the Law (CICL) and without resorting to formal
court adjudication.
m)Diversion Programs- refers to programs that the Child in
Conflict with the Law are required to undergo after they are found
responsible for an offense, without the child being made to
undergo formal court litigation.
n) Neglected child- a child whose basic needs have been
deliberately unattended or inadequately attended. Neglect may
occur in two (2) days.
o) Participation Rights include the childs freedom to express
oneself in matters affecting his/her as part of preparation for
responsible parenthood and to freedom of association.
p) Pornography
written,
graphic
or other
forms
communications intended to excite lascivious feelings.

of

q) Protection Rights cover those which guard children against

all forms of child abuse, exploitation and discrimination in the
major areas where a child is considered in extremely difficult
circumstances.
r) Survival Rights- deal with the provision in relation to parental
and governmental duties and liabilities, adequate living standard
and access to basic health and health services and social
security.
ARTICLE 2
RIGHTS AND RESPONSIBILITIES OF THE CHILD

Section 4. Rights of the Child. Every child shall be entitled to

the rights herein set forth without distinction as to legitimacy or
illegitimacy, sex, social status, religion, political antecedents, and other
factors (PD 603).
Every child shall possess the following rights which are classified
into survival, development, protection and participation rights:
1. Survival Rights ensure the childs inherent right to life and to
the needs that are most basic to existence, the right to a name
and nationality, the right to identity and those dealing with
parental and governmental duties and obligations, adequate and
decent standard of living, access to basic health care and medical
services, social security, and rehabilitation. The following are the
survival rights:
a. Right to Life. Every child has the right to be born
well, endowed with the dignity and worth of a human
being from the moment of his or her conception;
b. Right to name, nationality, and identity. Every
child has the right to be registered at birth and shall have
the right to a name, nationality and filiation to establish
his/her identity with the rest of the world;
c. Right to parental care and support. Every child
has the right to a wholesome family life that will provide
him or her with love, care, and understanding, guidance
and counselling, and moral and material security. The
dependent or abandoned child shall be provided with the
nearest substitute of a home;
d. Right to Health. Every child has the right to a
balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical
requirements of a healthy and vigorous life.
2. Development Rights refer to the rights of a child to develop
her or his personality, talents and mental and physical abilities to
the fullest extent. The following are the development rights;
a. Right to develop special talents. Every child has the
right to a well rounded development especially to
develop his or her special talents to the end that she or
he may become a happy, useful, and active member of
society ;
b. Right
to
be
treated
with
sympathy
and
understanding. The emotionally disturbed or socially
maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and
competent care;

c. Right to Education.
Primary education must be
compulsory and higher education must be available and
accessible to all on the basis of capacity by every
appropriate means. The right of the child to education
shall include the right to avail of early childhood care and
development (ECCD) programs of the municipality.
Further, In affording this right, the following shall be
taken into consideration:
1.

The development of the childs personality, moral

values, talents and mental and physical abilities to
the fullest extent;

2.

Education for physically or mentally disabled child

shall be given according to the required condition;

3.

The development of respect to parents, her or his

cultural identity, language and values, and the cultural
background and values of others;

4.

The development
environment;

of

respect

for

the

natural

d. Right to leisure, recreation and cultural activities.

Every child has the right to play and rest. This include the
right to full opportunities for safe and wholesome
recreation and activities appropriate to his or her age
including cultural activities;
e. Right to information. The child has the right to
appropriate information on matters of interest them
especially those aimed at the promotion of his or her
social spiritual and moral well-being and physical and
mental health.
3. Protection Rights. The Child by nature needs special
attention and protection, hence this rights cover those rights
protecting the child from all forms of abuses and discrimination
such as protection from cruelty, torture, arbitrary separation from
family, abuses in the justice and penal system, involvement in
armed conflict, child labor, drug abuse, sexual abuse and
exploitation.
4. Participation Rights refers to the childs rights to participate
in matters that affect him or her most by providing all appropriate
venues where he or she can express his or her opinions freely
and to have these opinions taken into account, involvement in
decision-making and a consultative process, freedom of
association and peaceful assembly.
The following are the
participation rights:

a. Every child has the right to be provided the opportunity

to be heard in any judicial and administrative
proceedings affecting him or her, either directly, or
through a representative or an appropriate body, in a
manner consistent with the procedural rules of national
law;
b. Every child has the right to freedom of thought,
conscience and religion, subject to appropriate parental
guidance;
c. Every child has the right to freedom of statement. This
right shall include freedom to seek, receive and impart
information and ideas of all kind;
d. Every child has the right to express his or her opinions
freely and to have these opinions taken into account in
any matter or procedure affecting him or her;
a. Every child has a right to privacy and shall be protected
against unlawful interference with such privacy, family,
home or correspondence, and to unlawful attacks against
his or her honor and reputation.
Section 5. Responsibilities of the Child. Every child,
regardless of the circumstances of birth, sex, religion, social status,
political antecedents and other factors shall:
a. Strive to lead an upright and virtuous life in accordance
with the tenets of his or her religion, the teaching of his
or her elders and mentors, and the bidding of a clean
conscience;
b. Love, respect and obey his or her parents, and cooperate
with them in the strengthening of the family;
c. Extend to his or her brothers and sisters love,
thoughtfulness, and helpfulness and endeavor with them
to keep the family harmonious and united;
d. Respect not only his or her elders, guardians and wards
but also the customs and traditions, the memory of our
heroes, the duly constituted authorities, the laws of the
country, and the principles and institutions of democracy;
e. Exert his or her utmost capacity to develop his or her
potentialities for service, particularly by undergoing a
formal education suited to his or her abilities, in order
that he or she may become an asset to himself or herself
and to society;

f. Actively participate in socio-civic affairs, the protection of

the environment and to promote the general welfare
recognizing that it is the youth who will eventually be
called upon to discharge the responsibility of leadership
in shaping the nations future; and
g. Help in the observance of individual human rights, the
strengthening of freedom everywhere, the fostering of
cooperation among nations in the pursuit of their
common aspiration for unity and prosperity, and the
urtherance of world peace.
ARTICLE 3
RIGHTS AND DUTIES OF THE PARENTS
Section 6. The Family. The family is the basic social group
united by the bonds of kinship and marriage. The government should
exert social efforts to preserve the integrity of the family.
Section 7. Rights of the Parents. the rights of the parents
shall be those that are mentioned in Articles 209 to 237 of the Family
Code over the person and property of their children. In addition hereof,
they shall have the right to discipline their children as may be
necessary for the formation their good character, provided it does not
fall under the prohibited acts mentioned in this Code. Parents may
require from their children obedience to just and reasonable rules,
suggestions and admonitions.
Section 8. Duties and Responsibilities of Parents. The
following shall be the duties of the parents towards their children.
a. To provide a name and nationality by registering their
new born babies with the Office of the Local Civil
Registrar where the birth occurred;
b. All pregnant mothers, together with their husband, shall
undergo pre-natal, post-natal and neo-natal checks-up;
c. To subject all new born babies after 24 hours of life to
New born Screening (RA 9288);
d. All mothers of children between 0-2 years old shall breast
feed their children and make sure they are immunized
against all childhood diseases;
e. To educate the children and give them affection,
companionship and understanding, hence they should
fully cooperate and coordinate to educational institutions
to this end;
f. To extend to them the benefits of moral guidance, selfdiscipline and religious instruction;

g. To refrain from using any form of physical, verbal,

emotional psychological abuse towards their children;
h. To afford the child the right to air his/her view and give
due consideration of the same in accordance with the
childs age and maturity;
i. To supervise their activities, including their recreation;
j. To inculcate in them the dignity of labor, the value of
industry, thrift and self-reliance;
k. To stimulate their interest in civic affairs, teach them the
duties of citizenship, and develop their commitment to
their country;
l. To advise them properly on any matter affecting their
development and well-being;
m.To always set a good example;
n. To provide them adequate support, as defined in Article
194 of the Family Code; and
o. To administer their property, if any, according to their
best interest, subject to the provisions of Article 225 to
227 of the Family Code.
ARTICLE IV
ROLES AND RESPONSIBILITIES OF THE MUNICIPALITY AND
VARIOUS SECTORS
Section 9. The Role of the Municipality. The Municipal
Government of Marihatag, Province of Surigao del Sur shall allocate
funds from the Gender Advocacy and Development (GAD) budget for
the immediate, effective and sustainable implementation of childrenrelated programs and projects.
Section 10. The responsibility of the Municipality. The
municipality shall have the following responsibilities:
a. Ensure that no child is deprived of his or her right to
proper
health
care
services
and
pursue
full
implementation of this right with special emphasis on the
provision of primary and preventive health care, public
health education and the reduction of infant mortality;
b. Ensure that all children are registered at birth and shall
provide adequate assistance and protection with a view
of re-establishing his or her family if necessary.

Furthermore, the municipality shall not exact fee for

services rendered in registering the name of the child;
c. Ensure that primary and secondary is free education and
compulsory pursuant to the provisions of the Philippine
constitution, Republic Act 6655, and relevant laws and
policies;
d. Establish support and monitor the Municipal Local School
Board as mandated by the Local Government Code of
1991;
e. Provide administrative and financial support to schools
and barangays promoting appropriate recreation, cultural
and artistic activities for children;
f. Institutionalize child participation in all decision making
bodies from barangay to municipal level;
g. Require the Civil Registrar to ensure that birth records
are kept confidential and no information relating thereto
shall be divulge to any person except under special
circumstances which the government shall require;
h. Ensure that the duly elected Sangguniang Kabataan
representative of the municipality is fully empowered to
represent the children and further ensure that child
representative from childrens organization shall become
a member in all municipal local committees that directly
serve the children;
i. Promote and ensure the childs right to protection from
physical abuse, sexual abuse and neglect and
abandonment; towards this end, the municipality shall
establish comprehensive social programs for the care of
the child, institutionalize monitoring system and
prevention program for incidents of child abuse;
Section 11. Responsibility of public and private doctors,
midwives, and other health care providers. It shall be the
responsibility of all doctors, midwives, and other health care providers
to educate parents on proper care and nutrition of the child. They shall
also exercise due diligence in ensuring the safe delivery of the child. In
addition hereof, the physician, midwife or trained hilot in attendance
at birth or the parents of the new born child shall have the duty to
register the birth of the new born child in accordance with the Civil
Registry Law.
Section 12. Role of Mass Media . The mass media shall be
aware of their extensive social role and responsibility, as well as their
influence, in communications relating to children. They should use

their power to protect the rights of children by relaying consistent

messages through a balanced approach and to provide protection to
victims from undue publicity in accordance with Section 22, RA 7610.
Section 13. Role of Local Councils for the Protection of
Children. These councils shall, in addition to their existing duties and
functions, coordinate with and assist the municipality in coming up
with comprehensive programs for children and be the primary body to
oversee the implementation of such programs.
Section 14. Role of the private business sector. The private
business sectors, particularly those who have direct contact with the
child, have a corporate social responsibility to all children. The conduct
of their business should consider the best interest of the child.
The private business sector is encouraged to become involved
and to support programs, projects and services for children, especially
those provided in this code.
Bookstores, libraries, internet cafes and other sources of
information shall ensure that children have access to information that
is appropriate to their evolving capacities. Obscene, pornographic and
violent material shall not be made accessible to children.
Places that provide access to adult entertainment shall ensure
that the child is not allowed within their premises. Video arcades,
gaming centers and other similar establishments shall monitor the
presence of school-aged children during schools hours in their
premises. The presence of these children shall be reported to the
schools to which these children belong. In case where these children
are not enrolled in school, the parents and/or guardians shall be
informed.
Section 15.
Role of Sangguniang Kabataan.
The
Sangguniang Kabataan (SK) as established under the Local
Government Code shall, in addition to its powers and functions,
actively involve itself in the formulation and implementation of
prevention and protection programs in the community.
It shall
coordinate with the Local Councils for The Protection of Children for
this purpose. It is encouraged that the SK shall appropriate funds for its
prevention program for the youth.
Section 16. Role of NGOs. Non-government Organizations
existing and operating in the Municipality of Marihatag are likewise
encouraged to re-focus or realign their programs and projects to the
protection of children in collaboration with government and childfocused agencies and institutions.
Section 17. Role and Responsibility of educational
institutions. Aside from imparting knowledge and skills to students,

educational institutions shall likewise institute programs and services

that will include proper values formation.
Educational institutions shall provide creative, innovative and
appropriate recreational, cultural and artistic activities to develop the
childs full potentials and talents. Elementary educational institution
shall see to it that the basic rights of the child are incorporated in the
elementary curriculum.
All educational institutions shall maintain quality education and
use child-friendly methods in teaching the child. It shall ensure the
safety of children within and without school premises during school
hours and authorized school activities as well.
In taking care of differently-abled children, public and private
educational institutions shall not discriminate against differently-abled
children in enrolment and admission. As much as possible, they shall
provide special classes for them.
ARTICLE V
PROGRAMS AND SERVICES FOR CHILDREN
A. Comprehensive Programs for Children
Section 18. Comprehensive Program for Children. The
Municipality and its Barangays shall, within one (1) year from the
effectivity of this Code and every three (3) years thereafter, formulate
a comprehensive program for children covering at least a three-year
period.
Section 19. The Community Approach. In order to address
the community-wide issues and improving the overall environment of
the neighborhood, a community approach should be applied in coming
with the mentioned comprehensive program for children. Volunteerism
among members of the community to assist in the implementation of
the programs shall be encouraged. Community-based services and
programs which respond to the special needs, problems, interests and
concerns of young persons and which offer appropriate counseling and
guidance to children and their families should be developed, or
strengthened where they exist.
B. Programs and Services for Promotion and protection of
childrens right
Section 18. Promote and protect the survival right of the
child. To promote and ensure the childs basic right to survival, the
Municipality, through the following office shall institute mechanism to
provide the following programs and services, respecting however, the
constitutional rights of parents and the child, consistent with the
principle of parens patria and other religious freedom:

1. Municipal Health Office;

a. Infant birth rate and mortality rate monitoring, analysis
and data bank;
b. Pre and post natal care for mothers and child;
c. Immunization of all children;
d. Proper child health and nutrition information campaign,
which shall include the promotion of breast feeding;
2. Local Civil Registrars office
e. Birth Registration Awareness Campaign;
f. Birth Registration Day;
g. Late registration.
h. Monitoring of registration of live births; provided that
upon approval of this ordinance, No fees shall exacted for
services rendered in registration of birth;
The Municipal Disaster Risk Reduction Management Officer
(MDRRMO) shall provide in its program temporary shelter and food
assistance to child-survivors of man-made and natural disasters and
calamities and the Municipal Social Welfare and Development Officer
(MSWDO) for those abandoned and neglected child.
The MHO shall likewise coordinate with the MNAO, Municipal
Nutrition Council and the Local Health Board on matters undertaken to
promote, enhance and protect the childs right to survival. Provided
that the programs and services under (e) shall be coordinated by the
MSWDO and the MDRRMO.
The aforementioned offices shall submit report to the Mayors
Office regarding all plans and progress of programs and services for
the child.
Section 19. Promote the development right of the child. To
promote and encourage the childs basic right to develop his full
potential, the Municipality shall institute mechanism and endeavour to
provide the following programs and services.
a. Establish and maintain Day Care centers within 12
Barangays of the Municipality and support the
implementation of K12 program of the Department of
Education (DepEd);

b. Allocate funds for the honorarium of Day Care Workers

and set to it that the said honorarium shall not be less
than One Thousand Pesos (P1,000.00) per month,
provided, however, that the local executive shall provide
monetary assistance for those Day Care Workers who will
stop teaching but have rendered service thereof for at
least ten (10) consecutive years;
c. Education and training on the CRC for teachers, health
workers and other persons or institutions who have direct
contact with children;
d. Inclusion of the CRC in the school curriculum;
e. In-school feeding program for ECCD and primary school
pupils;
f. Participation of children in tri-media;
g. Establish public library and resource center for children;
h. Interactive Learning Center for children;
i. Parks and playgrounds.
Section 20. Promote the participation right of the child. To
promote and ensure the childs basic right to participation, the
Municipality shall institute mechanism and endeavour to provide the
following programs and services:
a. Advocacy and awareness raising campaigns on the rights
and responsibilities of the child;
b. Inclusion of child rights and responsibilities in the school
curriculum;
c. Yearly summit of the Municipality of Marihatag.
Section 21. Promote the protection right of the child. To
promote and ensure the childs basic right to protection from all forms
of abuses, the Municipality shall institute mechanism and endeavour to
provide the following programs and services.
a. Establish center for abuse children ;
b. Conduct regular parent education and child abuse
prevention seminars;
c. Establish child hotline for children in need of assistance;

d. Municipal-wide campaign against prohibited drugs for

children

ARTICLE VI
SPECIAL CONCERNS
A. Prohibited Acts.
Section 22. Prohibited Acts.- In addition to all acts defined
and penalized under Republic Act 7610 on Child Abuse and
Exploitation, Republic Act 7658 on Child Labor, Republic Act 9208 on
Anti-Trafficking in Persons Act, Republic Act 9262 on Anti-Violence
Against Women and their Children Act and other pertinent laws the
following acts shall likewise be punishable:
a. Smoking, drinking alcohol beverages and/or consuming
prohibited drugs by pregnant women.
b. Smoking in public and enclosed places, especially in the
presence of pregnant women.
c. Refusal of parents to provide adequate food, shelter or
clothing or give financial support to their legitimate
and/or illegitimate child.
d. Abuse of an unborn child.
e. Facilitating, encouraging or coercing the child or
parent/guardian of the child to falsify any entry in a
childs records, including birth, baptismal or school
records.
f. Refusal of parents and/or guardian to send their children
to school.
g. Refusal of public schools to accept children for enrolment
in the primary and secondary level, without valid reason
and due process. In no case shall the lack of birth
certificates or birth registration or the marriage
certificate of the parents of the child, constitute a valid
ground for refusal to enroll the child.
h. Acts of trafficking in persons as defined in Section 4 of RA
9208.
i. Peonage of Children Offering services of a child as
payment for a debt or in exchange for a favor, such as

but not limited to: (1) Working in agricultural industries

like rice and corn plantations or farms; (2) Working as
househelpers;
j. Pre-arrangement for Marriage Pre-arrangement (buya)
made by parents or guardians to marry off their children
or wards. One manifestation of pre-arrangement may be
when two (2) families meet to seriously talk about the
marriage of their children to each other;
k. Using Girls as Commodities in Benefit Dances
Organizers of benefit dances, persons facilitating or
anchoring such benefit dances shall be penalized under
this section if they shall use children as dancing partners
for payment or fee to the organizers;
l. Discrimination of Girl Children Discrimination of girl
children by prohibiting and depriving them of formal
education;
m.Discrimination of Illegitimate Children For schools to
discriminate illegitimate children as follows but not
limited to the following: (1) Refusal to accept enrolment
of illegitimate children in the school by reason of ones
illegitimacy; (2) Requiring the marriage contract of
parents as a requirement for enrolment of the child;
n. Expulsion by Reason of Pregnancy - For schools to impose
a penalty of expulsion against a child by reason of
pregnancy, but who has complied with all academic
requirements.
o. Refusal of Graduation by Reason of Pregnancy For
schools to refuse graduation to a child by reason of
pregnancy but who has complied with or is willing to
comply with all academic requirements;
p. Refusal to Issue Clearances by Reason of Pregnancy For
schools to refuse to issue clearances to a child by reason
of pregnancy;
q. Physical and Degrading Form of Punishment Subjecting
the child to physical and degrading forms of punishment
such as, but not limited to the following:
1. Ordering or directing a child to kneel on salt and
the like;
2. Placing a child inside a sack and/or hanging him/her;
3. Shaving the head of a child;

4. Whipping of the child with the tail of a stingray

(pagi), stick, belt and other similar objects;
5. Stripping the child of his/her clothes;
6. Locking up the child in a cabinet or aparador or
any enclosed structure;
7. Tying up
him/her;

the

child

or

otherwise

detaining

8. Throwing objects such as but not limited to

erasers, chalk, and notebooks at the child;
9. Pulling the hair of the child;
10.
Making the child stand under the heat of
the sun;
11.

Exposing the child to be bitten by ants;

12.

Labeling shameful words;

13.
Pinching the ears or any body parts of a
child;
r. Forcing/Enticing Minors to Live-In Arrangements It shall
be unlawful for parents to entice, encourage and/or force
their children to live together with any person as
husband and wife in exchange for money or any other
consideration;
s. Sexual Exploitation of Minors Sexual exploitation of
children by any person, foreigner or otherwise, shall be
prohibited. Consorting with children not related by
affinity or consanguinity, with public display of lascivious
conduct shall be considered prima facie evidence of
sexual exploitation;
t. Production, Transport, Selling, and Distribution of
Pornographic Materials The Local Councils for the
Protection of Children/law enforcers shall monitor and
prevent the entry of pornographic materials into the
municipality. It shall be unlawful for any person to
produce, transport, sell and distribute such materials.
u. Indecent Shows Using Children No child shall be
used/utilized in indecent shows in private and public
places.

v. Selling and Buying Liquor, Cigarettes, Rugby and Other

Addicting Substances to a Child It shall be unlawful for
any person to sell liquor, cigarette, rugby or any
addicting substance to a child, or for any person to direct
a child to buy the same;
w. Smoking in Enclosed Places and Public Conveyances
Smoking in any enclosed place or public conveyance
shall be prohibited.
x. Any person found guilty of violating the above prohibited
acts shall suffer the penalty of imprisonment for a period
not exceeding 6 months and/or fine of not more than
P2,500.00 or both at the discretion of the court.
B. Control on Exposure to New Technology
Section 23. Control on Childrens Exposure to Commercial
Video Games and Computer Games.- commercial establishments
renting out electronic video games and computer games to children
during school days from 7:00 oclock to 11:00 oclock in the morning
and from 1:00 oclock to 4:00 oclock in the afternoon and beyond
10:00 oclock in the evening shall be subjected to suspension of
business permit for fifteen (15) days during the first offense, one (1)
month suspension of the same for the second offense and cancellation
of the business permit for the third offense.
Section 24. Control on Childrens Exposure to Internet
Cafes.- Internet cafes catering to children during school days from
7:00 oclock to 11:00 oclock in the morning and from 1:00 oclock to
4:00 oclock in the afternoon and beyond 10:00 oclock in the evening,
shall be subjected to suspension of business permit for fifteen (15)
days during the first offense and, one (1) month suspension of the
same for the second offense. Cancellation of the business permit of
said establishments shall constitute the penalty for the third offense,
except, if the presence of the child in the internet caf is for schoolrelated research purposes which must be clearly established or the
child is accompanied by/or has written permission from his/her
parents/guardians. Security restrictions such as parental control
systems must be activated in each computer unit in commercial
establishments referred to in the preceding section to protect the best
interest of children. Failure to comply shall be penalized in accordance
with the provisions of existing national laws or as provided under this
Code.
Section 25. Regulate Childrens Exposure on Amusement
Centers. - Amusement Center/Place of Recreation is any place or
establishment that offers entertainment facilities such as billiards,
pools, karaoke, dance machines, games of chances. Children should be
accompanied by their parents or guardians when entering such
amusement centers. Commercial establishments referred to in the two

preceding sections and this section shall be required to undergo

orientations specifically on the safe and responsible use of new
technologies before the issuance/renewal of business permits.
C. Programs and services to Differently-abled children.
Section 26. Right to special protection of differently-abled
child. A differently-abled child has a right to special care, education
and training to help him or her enjoys a full and decent life in dignity
and achieves the greatest degree of self-reliance and social integration
possible.
Section 27. Responsibility of the Municipality. The
municipality shall encourage and ensure the extensions, subject to
available resources, to the eligible child and those responsible for his
or her care of assistance for which application is and which is
appropriate to the childs condition and to the circumstances of the
parents or others caring for the child. The assistance extended in
accordance with the preceding paragraph shall be provided free of
charge whenever possible, taking into account the financial resources
of the parents or to others caring for the child and shall be designated
to ensure that the disabled child has effective access to and receives
education, training, health care services, rehabilitation services,
preparation for employment and recreation opportunities in a manner
conducive to the childs achieving the fullest possible social integration
and individual development, including his or her cultural and spiritual
development. The municipality shall also see to it that the laws
regarding access of the differently-abled are implemented in the
Municipality including requirements of buildings, public transportation
and other laws concerning differently-abled.
Section 28. Responsibility of the Parents. It shall be the duty
of the parents of differently-abled child to see to it that he/she is given
special care, education and training by appropriate institutions
depending on their resources.
Section 29. Responsibility of Private Institutions. Private
institutions where it can legally employ a child shall not discriminate
against differently-abled persons in hiring employees. It shall also
provide the necessary infrastructure to allow access to the differently
abled.
Section 30. Responsibility of Educational Institutions.
Public and private educational institutions shall not discriminate
against differently-abled children in enrolment and admission. As much
as possible, they shall provide special classes for differently-abled
children.
Section 31. Prohibited Acts. The following acts are prohibited.

a. Appropriate schools refusing to enrol or accept a differentlyabled child merely by reason of a physical disability;
b. Refusal to provide services to person merely because of
physical or mental disability;
c. Refusal to hire a differently-abled even if he/she is capable of
doing the work;
d. Making fun or disrespect of a person by reason of physical or
mental disability;
e. Other discriminatory and abusive acts directed towards
differently-abled.
Any person found guilty of violating this section shall suffer a
penalty of imprisonment for a period not exceeding 6 months and/or
fine of not more than P1,500.00 or both at the discretion of the court.
Section 32. Programs and Services. To promote and ensure
that a differently-abled child is given protection and special care the
Municipality shall institute mechanisms and endeavour to provide the
following programs and services:
a. Provide assistance to parents of differently-abled children in
order for the children to have access to special care, education
and training;
b. System of incentives to companies who hire differently-abled
children in order for the children to have access to special
care, education and training;
c. Provide health care services, rehabilitation services,
preparation for employment and recreation opportunities to
differently-abled children;
d. Seminars on the rights of the differently-abled should be done
regularly;
Section 29. Rights of Children in conflict with the Law
(CICL). All children who come in conflict with the law shall be entitled
to the following rights:
a. To be treated with dignity and worth, which reinforces the
childs respect for the human rights and fundamental freedom
of others;
b. To be presumed innocent until proven guilty according to law;
c. To have the free assistance of an interpreter if the child cannot
understand or speak the language used;

d. To have his or her privacy fully respected by media and all

persons;
e. To be informed of his or her rights under the UN CRC and other
International Instruments in relation to CICL, RA 7438, RA
8493, P.D. 603 and the Rules and Regulations on the
Apprehension, Investigation, Prosecution and Rehabilitation of
Youth Offenders.
Section 33. Responsibility of the child. It is the responsibility
of a CICL to cooperate with authorities in the investigation provided
that his/her rights are respected. If the child committed the offense,
he/she should take responsibility for the consequences as provided for
under this code.
Section 34. Responsibility of the Municipality. To promote
and ensure the childs right to protection from physical abuse, sexual
abuse and neglect and abandonment, the municipality shall perform
the following responsibilities:
a. Promote the establishment of procedures, authorities and
institutions specifically applicable to CICL, especially diversion
at the barangay and police level provided that human rights
and legal safeguards are fully respected;
b. Promote a variety of dispositions, such as care, guidance and
supervision orders, counselling, probation, foster care,
education and vocational training programs and other
alternatives to institutional care to ensure that children are
dealt with a manner appropriate to their well-being and
proportionate both offense.
Section 35. Prohibited Acts. The following acts shall be
considered unlawful;
a. Branding or labelling CICL as young criminals, juvenile
delinquents, prostitutes, snatchers, rugby boys or attaching to
them in any manner any other derogatory names.
b. Using discriminatory remarks and practices particularly with
respect to the childs class or ethnic origins.
c. Threatening the child of whatever kind and nature and/or
abusive, coercive and punitive measure such as, but not
limited to cursing, beating and stripping.
d. Use of degrading, in human and cruel punishment such as, but
not limited to shaving the heads of minors, pouring an
irritating corrosive or harmful substances over their bodies, or
forcing minors to walk around the community wearing signs

which embarrass, humiliate and degrade their personality and

dignity, harm them psychologically, emotionally, spiritually,
morally and physically.
e. Subjecting a CICL to involuntary servitude in any and all forms
under any and all instances by their arresting officers and/or
custodians by designating and/or compelling minors to act and
serve as errand boys/girls, cleaners or helpers.
Any violations of the above prohibited acts shall be penalized
with imprisonment of not more than six months and/or a fine of not
more than P1,500.00 or both at the discretion of the court.
Section 36. Programs and Services. To promote and ensure
the rights of a CICL, the Municipality shall institute mechanisms and
endeavour to provide the following programs and services:
a. Formulate comprehensive CICL Prevention Program instituted
from the Community, Barangay up to Municipal level. The
Municipality, lead by the Municipal Council for the Protection of
the Children (MCPC) shall call on all concerned sectors
particularly the child-focused institutions and government
agencies involved in delinquency prevention like the DSWD,
PNP and DEPED to participate in the planning process. The
Municipality should see to it that children and youth participate
in the formulation thereof. The program shall include the
following 3 levels;
1.

Primary Prevention general measures to promote social

justice and equal opportunity which tackle perceived root
cause of childrens rights violations such as poverty and
other forms of marginalization;

2.

Secondary Prevention measures to assist children who are

identified as being more particularly at risk such as those
whose parents are themselves in special difficulty or are not
caring appropriately for them;

3.

Tertiary Prevention schemes to avoid and prevent

childrens rights violations from happening again.
b. Formulate system of diversion at the Barangay to Police level
including Diversion Programs such as but not limited to written
or oral reprimand or citation, restitution of property, reparation
of damage caused, indemnification of consequential damages,
confiscation and forfeiture of the proceeds or instruments of
the crime, fine, payment of cost of the proceedings, written or
oral apology, guidance and supervision orders, counselling for
the child and the family, trainings, seminars and lectures.

D. Special Provisions on Working Child.

Section 37. Right to protection of the working child. The

child has the right to be protected from economic exploitation and from
performing any work that is likely to be hazardous or to interfere with
the childs education, or to be harmful to the childs health or physical,
Mental, spiritual, moral or social development, in relation to R.A. 7658,
as amended by R.A . 9231.
Section 38. Responsibility of Parents. It shall be the
responsibility of the parents to provide adequate support to their
children and not to force their children to work. It shall be the
responsibility of the parent not to alter, falsify or conceal the age of the
child to facilitate the childs employment.
Section 39. Responsibility of employer. It shall be the
responsibility of the employer to verify the age of the person seeking
employment. All employers shall not engage a child in work that
endangers health, safety and normal development.
Section 40. Responsibility of the child. It shall be the
responsibility of the child to inform his/her parents of the work
performed.
Section 41. Prohibited Acts. It shall be unlawful to any person
to perform the following acts;
a. Employment of children below 15 years old, except those
instances provided by the law, especially those that are
provided under R.A. 7656;
b. Employment of children 15 years old and above in hazardous
work, as provided for in Sec. 12(b) R.A 9231.
c. Engaging of children in illegal activities.
d. Parents to coerce or fore the child to work.
e. Parents who knowingly allow their children to work in
hazardous work.
Any violations of the above prohibited acts shall be penalized
with imprisonment of not more six months and/or a fine of not more
than P1,500.00 or both at the discretion of the court.
Section 42. Programs and Services. To promote and ensure
the rights of working child, the Municipality shall institute mechanisms
and endeavour to provide the following programs and services;
a. Advocacy program against child labor in the community.
b. Alternative livelihood opportunities for parents and children
above 15 years old.

c. Health services for working children.

Section 43. Right to be protected against all forms of
commercial sexual exploitation. The child has the right to be
protected from child prostitution, child pornography, child sex tourism
and other forms of commercial sexual exploitation.
Section 44. Responsibility of owners of nightclubs, bars,
karaoke. It shall be responsibility of owners of bars, karaoke joints to
require proof of age before employment in nightclubs, bars, karaoke
and the like. Owners and managers of these establishments shall put a
visible and legible notice disallowing minors from entering the
premises.
Section 45. Responsibility of Police and Medical Officers.
Confidential treatment of all child abuse cases (Medical and police
records, etc.)
Section 46. Prohibited Acts. It shall be unlawful to any person
to commit the following acts;
a. To sell, force, coerce, deceive, children and their
parents/guardians for the purpose of engaging the children in
prostitution or pornography.
b. To recruit, transfer, transport, harbour, and/or hold a child for
the purpose of engaging them in prostitution, pornography and
other sexual activities.
c. For parents to sell, force, coerce and deceive their children for
the purpose of prostitution or pornography.
d. To expose child to pornographic materials.
e. To show movie or trailers classified as R or X.
f. Failure to report the proper authorities any suspected incident
of commercial sexual exploitation of a child.
g. Falsification of birth records for employer of a child to require
and verify the age of the child with the National Statistics
Office (NSO).
Any violation of the above prohibited acts shall suffer the penalty
of imprisonment for a period not exceeding six months and/or fine of
not more than P1,500.00 or both at the discretion of the court.

ARTICLE VII
IMPLEMENTING MECHANISMS

A. Municipal Council for the Protection of Children.

Section 47. Establishment. There is hereby created the

Municipal Council for the Protection of Children (MCPC for brevity)
which shall lead and coordinate the formulation, implementation and
enforcement of all policies, programs and projects relative to the
survival, development, participation and protection of children.
Section 48. Composition of the MCPC. The MCPC shall be
composed of the following;
Chairperson
Members
Family)

Municipal Mayor
SB Member (Chair, Committee on Women and

DILG, Municipal Local Government Operations

Officer
Municipal Social Welfare and Development
Officer
District Supervisor of DepEd
Municipal Planning and Development Officer
Municipal Budget Officer
Municipal Health Officer
Municipal Nutrition Action Officer
PNP Chief of Police
Municipal Treasurer
Municipal Liga ng mga Barangay President
Municipal GAD Focal person
Parent Teachers Association (PTA) President
Child Representative
Three (3) Representatives of NGOs
B. Duties and Responsibilities of the MCPC.
Section 50. The Council shall perform the following duties and
responsibilities;
1. Serve as the primary agency to coordinate with and assist the
LGU concerned on the formulation and implementation of Juvenile
intervention program;
2. Coordinate with and assist the LGUs in calling on all sectors
concerned, particularly the child-focused institutions, NGOs,
Peoples Organizations, educational institutions and government
agencies involved in delinquency prevention to participate in the
planning process and implementation of juvenile intervention
programs;
3. Coordinate with LGUs in the annual review and assessment of the
comprehensive juvenile intervention programs;

4. Provide coordinative linkages with other agencies and institutions in

the planning and monitoring and evaluation of juvenile intervention
and diversion programs in the community;
5. Assist the Municipal Social Welfare and Development Officer (MSWDO)
in the development of the appropriate diversion programs as provided
under Section 23 (b) of RA 9344;
6. Institute together with schools, youth organizations and other
concerned agencies the community based-programs on juvenile justice
and welfare initiated by LGUs;
7. Conduct capability building programs to enhance knowledge and skills
in handling childrens programs;
8. Establish and maintain a database on children in the local government.
Specifically, for the purpose of RA 9344, the MCPC shall maintain a
database of Children In Conflict with the Law, which shall include the
children who undergo intervention, diversion and rehabilitation
programs and after-care support services;
9. Document best practices on juvenile intervention and prevention;
10.
Advocate and recommend local legislations promoting child
survival, protection, participation and development especially on the
quality of television shows and media prints and coverage, which are
detrimental to children, and with appropriate funding support;
11.
Conduct an inventory of all NGOs serving Children In Conflict with
the Law and mobilize them as resources for the effective
implementation of RA 9344;
12.
Review existing policies of units providing services to Children In
Conflict with the Law, determine the barriers to access to these
services, and take the necessary action to improve access to these
services.
13.
Implement this
CHILDRENS CODE.

code

otherwise

known

as

MARIHATAG

Section 51. Representation of Non-governmental Organizations

in the Councils for Children. The NGOs invited as member of the MCPC
must be those with child-focused programs, and these non-government
organizations are duly accredited by the Sangguniang Bayan based on its
criteria of accreditation.
Section 52. 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
organizations structure, parliamentary procedure, order of meeting and
quorums, discipline, and such other rules the council may adopt.

Section53. Registered Social Worker to handle CICL cases at

the Municipal Level. It is highly encouraged that registered Social Worker
must be hired to handle cases involving Children In Conflict with the Law.

Section 54. Implementing Rules and Regulations The

Implementing Rules and Regulations (IRR) of this Code shall be drafted
by the MCPC within one (1) year from the effectivity of this Code.
ARTICLE VIII
REMEDIAL MEASURES AND PENAL PROVISIONS
Section 55. Persons Who May File a Complaint Complaints
on unlawful acts committed against children as enumerated herein
may be filed by the following:
a.

Offended Party;

b.

Parents or guardians;

c.

Ascendant or collateral relative within the third degree of

consanguinity;

d.

Social Welfare Officer of the Department of Social Welfare

and Development/LGU Social Worker;

e.

Punong Barangay; or

f.

At least three concerned responsible citizens residing in

the community where the violation occurred.

Section 56. Protective Custody of the Child. The offended

party shall be immediately placed under the protective custody of the
Municipal Social Welfare and Development through the Municipal Social
Welfare and Development Officer.
Section 57. Confidentiality At the instance of the offended
party, his/her name shall 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 results in the moral degradation and suffering of the
offended party.
Section 58. Reporting A person who learns of facts or
circumstances that give rise to belief that a child has suffered abuse
may report the same, either orally or in writing, to the Department of
Social Welfare and Development or to the MSWDO, or to the law
enforcement agency.

Section 59. 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 fortyeight (48) hours from the knowledge of the same.
Section 60. Duty of Government Workers to Report It
shall be the duty of all teachers and administrators in public schools,
probation officers, government lawyers, law enforcement officers,
barangay officials, correction officers and other government officials
and employees whose work involves dealing with children to report of
possible child abuse to the authorities mentioned in the preceding
sections.
Section 61. Failure to Report Any individual mentioned in
Section 104 who possesses knowledge of a possible child abuse and
fails to report the case to the proper authorities shall be punishable
under R.A. 7610.
Section 62. Immunity for Reporting Any person, who acting
in good faith reports a case of child abuse, shall be free from any civil
or administrative liability arising therefrom. There shall be a
presumption that any such person acted in good faith. (RA 6981,
Witness Protection, Security and Benefit Act).
Section 63. 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 an imprisonment of six months to one
year and/or a fine ranging from P500.00 to P1,000.00, or both, upon
discretion of the court.
For the first time offenders, in cases where the offenders is the
parent or teacher of the child or relatives within the fourth degree of
consanguinity or affinity, if the offender admits the offense and is
sincere and willing to reform, the penalty may be waived subject to the
consent of the child and the following measures imposed instead:
a. Attendance in a parenting or any appropriate seminar;
b. Community service of 10 to 15 days;
c. Counselling sessions;
d. Family therapy;
e. Participation in appropriate training courses.
For offenses punishable under R.A. 7610, R.A. 7658, the Revised
Penal Code or any other law as well as this Code, the offended party

and/or any party so authorized shall file a complaint under the national
law, and the penalty in such national law shall be imposed.
Failure to comply with pertinent provisions of this Code by the
concerned local chief executive, members of legislative bodies and/or
head of office or bodies shall constitute dereliction of duty subject to
penalties prescribed under the Local Government Code and other
pertinent laws.
ARTICLE IX
BUDGETARY APPROPRIATIONS
Section 64 . Appropriation for Childrens Programs - the
Local Government Units shall appropriate funds as part of their annual
budget per RA 9344 and PD 603 for the implementation of childrens
programs to include the rationalization of Day Care Workers
allowances or honorarium.
ARTICLE X
SEPARABILITY/APPLICABILITY/REPEALING
EFFECTIVITY CLAUSES
Section 65. Separability Clauses If for any reason or
reasons, any part or provision of this Code shall be declared/deemed to
be unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby shall continue to be in full force and effect.
Section 66. Applicability Clause. -- All other matters relating
to the impositions or regulations provided in this Code shall be
governed by the pertinent provisions of existing laws and other
ordinances. This Code shall apply to all the people within the territorial
jurisdiction of the Municipality of Marihatag, Surigao del Sur, and all
persons, who may be subject to the provision of this Code.
Section 67. Repealing Clause. --- All ordinances, resolutions
executive orders and other issuances which are inconsistent with any
of the provisions of this Code are hereby repealed or modified
accordingly.
Section 68. Effectivity Clauses. --- This Code shall take effect
30 days after completion of its posting in at least three conspicuous
places in the Municipality of Marihatag, Surigao del Sur.
UNANIMOUSLY ADOPTED on__________ 2013.
Certified Correct:

MARIA
CRUZ

JEANETTE

PANTALEON-

Secretary to the

Sangguniang Bayan
ATTESTED TO BE DULY ADOPTED:
HON. JOVITA S. UMAPAS
Municipal Vice Mayor
The Presiding Officer
APPROVED:
ALAN A. PELENIO
Municipal Mayor