Republic of the Philippines
Province of Misamis Oriental
CITY OF EL SALVADOR
-oOoOFFICE OF THE SANGGUNIANG PANLUNGSOD
EXCERPT FROM THE MINUTES OF THE SANGGUNIANG PANLUNGSOD
46th REGULAR SESSION OF THE CITY GOVERNMENT OF EL SALVADOR,
PROVINCE OF MISAMIS ORIENTAL ON DECEMBER 7, 2015
HELD AT THE SP SESSION HALL, EL SALVADOR CITY
Present:
Hon. Edgar S. Lignes
Hon. Mark William U. Tan
Hon. Erwin N. Magriña
Hon. Eduardo A. Ayunting
Hon. John Marc T. Noble
Hon. Felipe R. Lim, Jr.
Hon. Nilo T. Pates
Hon. Narving R. Jaudian
Hon. Asuncion C. Yamaro
Hon. Felipe O. Clarin
Hon. Leopacita C. Macarandan
Hon. Roland L. Ang
City Vice-Mayor/Presiding Officer
City Councilor
City Councilor
City Councilor
City Councilor
City Councilor
City Councilor
City Councilor
City Councilor
City Councilor
City Councilor
ABC Federation President
RESOLUTION NO. 179-S. 2015
Authored By :
Co-Authors :
Hon. Felipe O. Clarin
Hon. John Marc T. Noble
“RESOLUTION TO PASS AN ORDINANCE PROMULGATING RULES AND
REGULATIONS FOR THE PROTECTION OF CHILDREN IN THE CITY OF EL
SALVADOR, PROVINCE OF MISAMIS ORIENTAL”
WHEREAS, Sec. 3 of art. XV of the Philippine Constitution provides the right of
children to assistance, including proper care and nutrition and special protection from all
forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development ;
WHEREAS, Sec.2 (a) of R.A. 9344 otherwise known as Juvenile Justice and
Welfare Act of 2006, provides that the State recognizes the vital role of children and youth
in nation building and shall promote and protect their physical, moral, spiritual, intellectual
and social well-being ;
WHEREAS, Sec 458 (a) (4) (xiv) of R.A. 7160 states that the city shall provide for
the care of disabled persons, paupers, the aged, abandoned minors, juvenile delinquents,
drug dependents, abused children and other needy and disadvantaged persons,
particularly children and youth below eighteen (18) years of age ;
WHEREAS, with the advent of RA 9435 “An Act Converting the Municipality of El
Salvador in the Province of Misamis Oriental into a Component City to be known as the
City of El Salvador”, otherwise known as the Charter of the City of El Salvador has brought
major changes including legislation focus on child-driven protection ordinances ;
Children’s Code Of El Salvador City
Page 1
WHEREAS, in recognition of children’s rights as provided in Presidential Decree
603 otherwise known as the Child and Youth Welfare Code and the United Nations
Convention on the Rights of the Child and other local and international laws, it is hereby
declared to be the policy of the City of El Salvador that in all actions concerning children,
the best interest of the child shall be the primary consideration;
WHEREAS, in pursuit of constitutional mandate, the city government, in
cooperation and coordination with other government agencies, barangays and Civil
Society Organizations have conducted series of meetings to formulate the Children’s Code
;
NOW THEREFORE, after due deliberation On the Matter and on Motion of Hon.
Felipe O. Clarin Jointly Seconded by Hon. John Marc T. Noble and Hon. Nilo T. Pates, it
was
RESOLVED, as this Body hereby resolves to pass an Ordinance:
CITY ORDINANCE NO. 20 - S. 2015
“AN ORDINANCE PROMULGATING RULES AND REGULATIONS FOR THE
PROTECTION OF CHILDREN IN THE CITY OF EL SALVADOR”.
Be it ordained by the Sangguniang Panlungsod in session duly assembled that:
ARTICLE I
General Principles
Section 1. Title. This ordinance shall be known as the Children’s Code of the City
of El Salvador, Province of Misamis Oriental.
Section 2. Scope. This ordinance is enacted to provide for the protection and
preservation of the rights and welfare of all children of this City. It shall apply to persons
below 18 years of age. “Child” or “minor” as used in this Code shall refer to such persons.
Section 3. Declaration of Policies and Principles. In recognition of children’s
rights as provided in Presidential Decree 603 otherwise known as the Child and Youth
Welfare Code and the United Nations Convention on the Rights of the Child and other
local and international laws, it is hereby declared to be the policy of the City that in all
actions concerning children, the best interest of the child shall be the primary
consideration, hence shall:
A. Take appropriate measures to ensure that the child is protected against all
forms of abuse and discrimination;
B. Undertake to ensure the child such protection and care as necessary for his or
her well-being;
C. Afford the necessary protection and assistance to the family, as the
fundamental group of society and the natural environment for the growth and
well-being of all its members particularly the children, so that it can fully assume
its responsibilities within the community; and,
D. Undertake the holistic protection and development of all children through a
strong partnership between and among government agencies, non-government
agencies and private sectors, serving the highest degree of professionalism and
competence in an atmosphere of unity, solidarity and teamwork.
Section 4. Purposes. This Code aims to:
Children’s Code Of El Salvador City
Page 2
A. Ensure the protection of children against all forms of abuse and exploitation;
B. Advocate for children’s rights and promote their welfare and development;
C. Ensure that children’s rights are given priority attention both in government and
civil society; and,
D. Improve the quality of life of the children to enable them to fully develop their
potentials and participate in community life and nation building.
Section 5. Definition of Terms. The following terms used in this Code shall be
defined as follows:
A. Best Interest of the Child – refers to the totality of the circumstances and
conditions which are most congenial to the survival, protection and feelings of
security of the child and most encouraging to the child’s physical, psychological
and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child.
B. Child Abuse - refers to the maltreatment, whether habitual or not, of the child
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 of a child as a human being;
3. Unreasonable deprivation of his basic needs for survival, such as food and
shelter;
4. Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent
incapacity or death;
5. Forms of abuse as defined in RA 10627 otherwise known as “Anti-Bullying
Act of 2013”; or
6. Forms of abuse as defined in RA 9231 otherwise known as “An Act
Providing for Elimination of Worst Forms of Child Labor and Affording
Stronger Protection for the Working Child, Amending for this Purpose
Republic Act No. 7610, as Amended, Otherwise known as the “Special
Protection of Children Against Child Abuse, Exploitation and Discrimination”.
C. Child at Risk – refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
(1) Being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian
refuse, are unwilling, or unable to provide protection for the child;
(2) Being exploited including sexually or economically;
(3) Being abandoned or neglected, and after diligent search and inquiry,
the parent or guardian cannot be found;
(4) Coming from a dysfunctional or broken family or without a parent or
guardian;
(5) Being out of school;
(6) Being street child;
(7) Being a member of a gang;
(8) Living in a community with high level of criminality or drug abuse; and
(9) Living in situations of armed conflict.
D. Child or Minor - refers to person below eighteen (18) years of age or those
over but unable to fully take care of himself or protect himself from abuse,
Children’s Code Of El Salvador City
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neglect, cruelty, exploitation or discrimination by reason of a physical or mental
disability or condition;
E. Children in Conflict with the Law (CICL) - refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under the Philippine
laws.
F. Crisis Situation - pertains to a condition whereby an individual, family or group
of persons are faced with a difficult and stressful situation resulting to the
impairment of their psycho-social functioning, thereby needing immediate or
urgent interventions to prevent further exposure to exploitation, abuse and
neglect;
G. Developmental Rights - pertain to the access of a child to equal educational
opportunities, access to relevant information, play, leisure, cultural activities and
the right to freedom of thought, conscience and religion;
H. Early Childhood Care and Development - refers to the provision of substitute
parental care and stimulating activities for the total development of children zero
to four (0-4) years old when their parents are unable to take care of them during
part of the day because of work and some other situation; and,
Childhood Development Center shall refer to a building or structure in which an
agency, person, or persons regularly provide day care for a group of children for
periods of less than four (4) hours a day and regulated by the City Government
through the City Social Welfare and Development Office (CSWDO).
I. Parents - as here used shall include the guardian and the head of the institution
or foster home which has custody of the child.
J. Participation Rights - include the child’s freedom to express oneself in matters
affecting his life as part of preparation for responsible parenthood and to
freedom of association;
K. Protection Rights - cover those which guard children against all forms of child
abuse, exploitation and discrimination in major areas where he is considered in
extremely difficult circumstances;
L. Survival Rights - deal with the provision in relation to parental and
governmental duties and liabilities, adequate living standard and access to
quality basic health and social security services;
ARTICLE II
Rights and Duties of a Child
Section 6. Rights of a Child. All children 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.
A. Every child is endowed with the dignity and worth of a human being from the
moment of his conception, as generally accepted in medical parlance, and has,
therefore, the right to be born well;
B. Every child has the right to a wholesome family life that will provide him with
love, care and understanding, guidance and counseling, and moral and material
Children’s Code Of El Salvador City
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security. The dependent or abandoned child shall be provided with the nearest
substitute for a home;
C. Every child has the right to a well-rounded development of his personality to the
end that he may become a happy, useful and active member of society. The
gifted child shall be given opportunity and encouragement to develop his special
talents. The emotionally disturbed or socially maladjusted child shall be treated
with sympathy and understanding, and shall be entitled to treatment and
competent care. The differently-abled minors shall be given the treatment,
education and care required by his particular condition;
D. 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;
E. Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character;
F. Every child has the right to an education commensurate with his abilities and to
the development of his skills for the improvement of his capacity for service to
himself and to his fellowmen;
G. Every child has the right to full opportunities for safe and wholesome recreation
and activities, individual as well as social, for the wholesome use of his leisure
hours;
H. Every child has the right to protection against exploitation, improper influences,
hazards, and other conditions or circumstances prejudicial to his physical,
mental, emotional, social and moral development;
I. Every child has the right to live in a community and a society that can offer him
an environment free from pernicious influences and conducive to the promotion
of his health and the cultivation of his desirable traits and attributes;
J. Every child has the right to the care, assistance and protection of the City,
particularly when his parents or guardians fail or unable to provide him with
fundamental needs for growth, development, and improvement;
K. Every child has the right to an efficient and honest government that will deepen
his faith in democracy and inspire him with the morality of the constituted
authorities both in their public and private lives; and,
L. Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.
Section 7. 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 live an upright and virtuous life in accordance with the tenets of his
religion, the teaching of his elders and mentors, and having a clean conscience;
B. Love, respect and obey his parents, and cooperate with them in strengthening
the family;
Children’s Code Of El Salvador City
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C. Extend to his brothers and sisters love, thoughtfulness and helpfulness, and
endeavor with them to keep the family harmonious and united;
D. Exert his utmost effort to develop his potentialities for service, particularly by
undergoing a quality education, suited to his abilities, in order that he may
become an asset to himself and to society;
E. Respect not only his elders but also the customs and traditions of his people,
the memory of his people’s heroes, the duly constituted authorities, the laws of
the country and the principles and institutions of democracy;
F. Actively participate in civic affairs and in the promotion of the general welfare,
recognizing that it is the child who will eventually be called upon to discharge the
responsibility of leadership in shaping the nation’s future; and,
G. Help in the observance of individual human rights, in strengthening freedom
everywhere, in fostering cooperation among nations in the pursuit of their
common aspiration for unity and prosperity, and furtherance of world peace.
ARTICLE III
Duties and Liabilities of Parents
Section 8. The home shall provide an atmosphere conducive to the upbringing of
children, particularly with respect to their preparation for adult life and the conscientious
discharge of their civic duties as a whole.
To this end, the City shall ensure recognition of the principle that both parents have
shared responsibilities for the upbringing and development of the child. Parents or, as the
case may be, legal guardians, have the primary responsibility for the upbringing and
development of the child. The best interests of the child will be their basic concern.
Section 9. General Duties. Parents shall have the following general duties toward
their children:
A. To provide them with adequate support, as defined in Article 194 of the Family
Code;
B. To extend to them the benefits of moral guidance, self discipline and religious
instruction;
C. To supervise their activities, including their recreation;
D. To inculcate in them the value of industry, thrift and self-reliance;
E. To stimulate their interest in civic affairs, teach them the duties of citizenship,
and develop their commitment to their country;
F. To advise them properly on any matter affecting their development and wellbeing;
G. To always set a good example;
H. To give their children affection, compassion and understanding;
I. To administer their property, if any, according to their best interest, subject to
the provisions of Article 225 to 227 of the Family Code.
Children’s Code Of El Salvador City
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Section 10. Liabilities of Parents. Criminal Liability shall attach to any parents
who:
A. Conceals or abandons the child with intent to make such child lose his civil
status;
B. Abandons the child under such circumstances as to deprive him of the love,
care and protection he needs;
C. Sells or abandons the child to another person for valuable consideration
pursuant to RA 9208 as amended;
D. Neglects the child by not giving him the education when the family’s status in
life and financial conditions permit;
E. Fails or refuses, without justifiable grounds, to enroll the child as required by
Article 72 of Presidential Decree No. 603;
F. Causes, abets, or permits the truancy of the child from the school where he/she
is enrolled. ‘Truancy’ as here used means absence without cause for more than
twenty school days, not necessarily consecutive. It shall be the duty of the
teacher in charge to report to the parents the absences of the child the moment
these exceed five schooldays;
G. Improperly exploits the child by using him, directly or indirectly, such as for
purposes of begging and other acts which are inimical to his interest and
welfare;
H. Inflicts cruel and unusual punishment upon the child or deliberately subjects him
to indignities and other excessive chastisement that embarrass or humiliate him;
I. Causes or encourages the child to lead an immoral or dissolute life;
J. Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership; and,
K. Allows or requires the child to drive without a license or with a license which the
parent knows to have been illegally procured. If the motor vehicle driven by the
child belongs to the parent, it shall be presumed that he permitted or ordered the
child to drive.
ARTICLE IV
Duties in General of the Community
Section 11. Community Defined. As used in this Code, a community shall mean,
the local government, together with the society of individuals or institutions, both public
and private, in which a child lives.
Section 12. Duties of the Community. To ensure the full enjoyment of the right of
every child to live in a society that offers or guarantees him safety, healthy, good moral
environment and facilities for his wholesome growth and development, it shall be the duty
of the community to:
A. Bring about a healthy environment necessary to the normal growth of children
and enhancement of their physical, mental and spiritual well-being;
Children’s Code Of El Salvador City
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B. Help institutions of learning, whether public or private, achieve the fundamental
objectives of education;
C. Organize or encourage movements and activities, for the furtherance of the
interests of children;
D. Promote the establishment and maintenance of
playgrounds, parks, and other recreational facilities;
adequately equipped
E. Support parent education programs by encouraging its members to attend and
actively participate therein;
F. Assist the City Government in combating and curtailing CICL delinquency and in
rehabilitating wayward children;
G. Aid in carrying out special projects for the betterment of children in the remote
areas or those who are out of school; and,
H. Cooperate with the private and public child welfare agencies in providing care,
training and protection to destitute, abandoned, neglected, abused,
handicapped and disturbed children.
ARTICLE V
Plans, Programs and Services for Children
Section 13. Planning for the Protection of Children. The City shall regularly
update the Work and Financial Plan for the Protection of Children so that it shall be
responsive to the needs of the times. The same shall be drawn through the consultative
and participatory involvement of the non-government organizations and other concerned
groups and agencies, and shall be incorporated in the annual development, and short and
long-term plans of the City.
Section 14. Legislative Measures. The Sangguniang Panlungsod shall ensure
that in the enactment of legislative measures, children’s concerns shall be taken into
consideration.
Section 15. Health Programs. The City shall support/institutionalize/establish
the following health programs through the efforts of the City Health Office:
A. Primary Child Health Program. This program is designed primarily to cater
children and shall include the following:
1. Pre and Post Natal Care
 ensure the health of the unborn child through the provision of
health care to the mother during pregnancy;
 provide counseling on breastfeeding;
 newborn screening; and
 family planning for the parents.
2. To ensure that all pregnant women will give birth in Health Facility Based
Deliveries and shall be attended by skilled health workers (Physicians,
Nurses and Rural Health Midwives).
3. Expanded Programs on Immunization - to provide immunization for both
mother and child for the prevention of tuberculosis, diphtheria, pertusis,
Children’s Code Of El Salvador City
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tetanus, measles, mumps, rubella, poliomyelitis, hepatitis B, pneumonia
for children from zero (0) to fifteen (15) months old.
4. Nutrition Program – to monitor nutritional status of all children through
‘Operation Timbang’, make necessary interventions to all malnourished
children and perform other activities of Department of Health nutrition
program.
5. Comprehensive campaign program regarding the prevention and control
of the following:
a. Diarrhea and other digestive diseases
b. Communicable and non-communicable diseases
c. Sexually-transmitted diseases
d. Vector borne diseases
B. Midwife-for-Every-Barangay Program. The City shall assign at least one (1)
midwife for every barangay to coordinate and monitor the implementation of
health programs;
C. Household Class Program. Comprehensive household classes shall be
offered providing gender-responsive courses on reproductive health, child
health and child rearing practices in the context of Filipino psychology to
equip caregivers and would-be mothers with basic child care knowledge;
D. Milk Code Program. The City shall support and promote the Executive Order
No. 51 otherwise known as the Milk Code where the City shall conduct
comprehensive information and education campaign on exclusive
breastfeeding;
E. Child-Friendly Health Centers. The Health Centers and Lying-in clinics in the
City shall offer child-friendly equipment and facilities to provide comfort to
children to ensure speedy recovery. As well as, the comfort of a mother
delivering a baby shall be ensured by allowing husbands or partners in the
delivery room;
F. Health Board. The City Health Board shall:
1. Propose annual budgetary allocations for the operation and
maintenance of health facilities and services for children; and,
2. Serve as an advisory Committee on Child Care and other health
matters;
G. Adolescent Health Care Program. In support to the World Health
Organization’s campaign program on Health, the City shall establish a
Comprehensive Adolescent Health Program to ensure the health and social
well-being of the children. Under this program, the City shall provide
advocacy and trainings/seminars and the like;
H. Implementation of the ‘Salt Iodization Law’. The City shall intensify its
campaign program on the production, sale and use of iodized salt pursuant
to RA 8172 to ensure the health and welfare of its people particularly
children and expectant mothers;
I. Registry of Children with disability. The City Health Office in coordination
with the Department of Health (DOH) shall spearhead the registration of
children with disability in the City. The data gathered from the registration
shall be used for the preparation of a situational analysis which will be the
Children’s Code Of El Salvador City
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basis for the planning and proposal of welfare programs for children with
disability by the CSWDO; and
J. The City through the City Health Office may implement other children-related
programs which may be deemed necessary.
Section
16.
Social
Welfare
Programs.
The
City
support/establish/institutionalize the following Social Welfare Programs for Children:
shall
A. ECCD Service. The City shall establish child development centers in every
barangay and implement Early Childhood Care and Development Program for
children aging zero (0) to four (4) years old. The City shall intensify its support to
ECCD program by the provision of honorarium or salary as provided by law for
Child Development Workers;
B. Solo Parent Welfare Program. In accordance with the Republic Act 8972
otherwise known as the Solo Parent Welfare Act of 2000, the City shall establish
a comprehensive package of development and welfare services catering to solo
parents or individuals who falls under any of the following categories:
i. A woman who gives birth as a result of rape or crimes against chastity, even
without a final conviction of the offender: Provided, that the mother keeps
and raises the child;
ii. Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
iii. Parent left solo or alone with the responsibility of parenthood while the
spouse is detained or is serving sentence for a criminal conviction for at least
one (1) year. The law applies to the spouses of prisoners, whether or not a
final judgment has been rendered, provided they are in detention for a
minimum period of one (1) year;
iv. Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical
practitioner;
v. Parent left solo or alone with the responsibility of parenthood due to legal
separation or de facto separation from spouse for at least one (1) year:
Provided, that he or she is entrusted with the custody of the children;
vi. Parent left solo or alone with the responsibility of parenthood due to
declaration of nullity or annulment of marriage as declared by a court or by a
church: Provided, that he or she is entrusted with the custody of the children;
vii. Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;
viii. Unmarried mother/father who has preferred to keep and rear his or her
child/children instead of having others care for them or give them up to
welfare institution;
ix. Any other person who solely provides parental care and support to a child or
children provided he or she is duly licensed as a foster parent by the
Department of Social Welfare and Development (DSWD) or duly appointed
legal guardian by the court;
Children’s Code Of El Salvador City
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x.
Any family member who assumes the responsibility of head of family as a
result of the death, abandonment, disappearance, or absence of the parents
or solo parent: Provided, that such abandonment, disappearance, or
absence lasts for at least one (1) year.
Such services shall be implemented in coordination with the Department of
Social Welfare and Development (DSWD), Department of Health (DOH),
Department of Education (DepEd), Commission on Higher Education
(CHED), Department of Labor and Employment (DOLE), National Housing
Authority (NHA) and Department of the Interior and Local Government
(DILG);
C. Crisis Intervention Unit. The City shall institutionalize a Crisis Intervention Unit
which in general, will provide integrated services such as immediate rescue and
protection, provision of direct financial and material assistance (transportation,
burial, medical and hospitalization, educational, and clothing), augmentation
assistance during disasters and referrals for immediate medical, legal,
psychological and other services including temporary shelter to families.
Moreover, it shall cater to children who are abandoned, sexually or physically
abused, neglected, victim of incest and/or rape and exploited, among others.
Such unit shall operate twenty-four (24) hours a day to respond to any crisis
situation at any given time of the day;
D. Feeding Program. The City shall conduct a regular feeding program in every
barangay providing varied and balanced diet to satisfy a child’s nutritional
requirements;
E. Parent Effectiveness Services (PES). The City shall institutionalize the PES
which shall provide and expand knowledge and skills of parents and others
involved in child caring so they can assume the major educational role in their
child’s development. The course shall include early childhood development,
health care, behavior management, husband-wife relationships, and parenting
rights and duties;
F. Registry of Employed Children. Pursuant to Article 108 of PD 603, the CSWDO
shall conduct a registration of employed children in coordination with DOLE
where employers shall register all children or minors employed by him.
Moreover, the City shall encourage employers to provide at least high school
education for minors employed as domestics who are below 16 years old and
the cost of education shall be a part of the domestic’s compensation. The data
gathered from the registration shall be used for the preparation of a situational
analysis which will be the basis for the planning and proposal of welfare
programs for employed children by the CSWDO; and
G. Adoption of Children. The CSWDO shall facilitate and expedite the posting of
the Notice of Petition to have a child declared legally available for adoption and
the issuance of the corresponding Certificate of Posting to the concerned DSWD
Regional Director immediately after the posting period.
Section 17. Education and Recreation Programs. The City shall
support/institutionalize/establish the following Education and Recreation Programs for
Children:
A. Scholarships. The City shall provide educational financial assistance to
poor but deserving students in the City through its scholarship program;
Children’s Code Of El Salvador City
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B. City Library. Pursuant to Article 51 of PD 603, the City shall intensify its
support to parents to cultivate the reading habit of a child by ensuring the
continuous operation of the City library and provision of current and
wholesome publications;
C. Recreation Area. Pursuant to Article 129 of PD 603, the City shall provide a
space at the southern portion of the city plaza as playground for children to
enrich their physical and social development;
D. Barangay Children’s Reading and Recreation Centers. Pursuant to Article
137 of PD 603, the City shall encourage all barangays to establish reading
and recreation centers where children may meet and play together for their
healthy growth and social development;
E. Parent-Teacher Associations (PTA). The City through the Local School
Board shall ensure that Parent-Teacher Associations (PTA) are established
in every school to provide a forum for the discussion of problems and their
solutions relating to the total school program, and for insuring the full
cooperation of parents in the efficient implementation of such program.
The PTA shall aid the City Government and other local authorities and
school officials in the enforcement of CICL delinquency control measures,
and in the implementation of programs and activities to promote child
welfare;
F. Federation of Student Body Organizations (SBO). The Federation of
Student Body Organization is hereby institutionalized for the purpose of
cultivating the talents of young people and providing a venue to showcase
these talents;
G. Regulation of Internet Cafes, Video Game Centers pursuant to the existing
City Ordinance, the City shall institutionalize the program on regulating
video gaming in the City to discourage students to indulge in video gaming
particularly during class hours to ensure their attendance in school; and,
H. Special Education (SPED) Program. The City shall intensify its support to
the Special Education Program catering to the differently-abled children
through the provision of salaries and wages of SPED teachers under the
budget allocation of the Local School Board.
I. All illiterate
programs.
parents
and caregivers are enrolled in functional literacy
Section
18.
Protective
and
Legal
Services.
The
City
support/institutionalize/establish the following Protective and Legal Programs:
shall
A. Philippine National Police (PNP) Children and Women’s Desk. The City shall
support the PNP Children and Women’s Desk by allocating funds in its annual
budget to ensure the operation of the same;
B. Establishment of Temporary Home or Facility for Children. The City shall provide
a temporary home for:



Children in conflict with the law;
Children at risk; and
Victims of all forms of abuse as defined under RA 10364.
Children’s Code Of El Salvador City
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C. Curfew Hours for Children. Pursuant to City Ordinance No. 01-S.2013, there
shall be curfew hours for children or minors to discourage them from loitering
and engaging in unwholesome activities such as substance abuse and the like
hence ensuring their safety.
Section 19. Civil Registry Services.
establish the following Civil Registry Programs:
The City shall support/institutionalize/
A. Mobile Registration. In support to Article 7 of the Convention on the Rights of
the Child which provides ‘that a child shall be registered immediately after birth
and shall have the right from birth to a name’, the City shall institutionalize the
mobile registration program by conducting a regular registration of children
particularly those living in upland barangays; and,
B. Non-disclosure of Records. The City shall adopt a non-disclosure of records
policy pursuant to Article 7 of PD 603 where records of a person’s birth shall be
kept strictly confidential and no information relating thereto shall be issued
except on the request of any of the following:
1. The person himself, or any person authorized by him;
2. His spouse, his parent or parents, his direct descendants, or the guardian or
institution legally in- charge of him if he is a minor;
3. The court or proper public official whenever absolutely necessary in
administrative, judicial or other official proceedings to determine the identity
of the child’s parents or other circumstances surrounding his birth; and
4. In case of the person’s death, the nearest kin.
Section 20. Advocacy. The City shall conduct Information-Education Campaign
(IEC) through the CSWDO with the help of media practitioners together with parent,
organizations, and agencies concerned with the welfare of children through accurate and
efficient information dissemination on the programs, plans and services intended for them.
Section 21. CICL Justice and Welfare Services. The following shall be undertaken
by the City Government:
A. Develop and implement a Local Intervention Program thru the
CSWDO congruent to the National CICL Intervention Program.
B. Encourage the participation of all sectors concerned, particularly the
child-focused institutions, civil society organizations (CSOs),
educational institutions and government agencies involved in
delinquency prevention to participate in the planning process and
implementation of CICL intervention programs.
C. Set aside from its annual budget the amount necessary to implement
the Local Intervention Program.
D. Review and assess annually, in coordination with the Local Council for
the Protection of Children, the implementation of the Local Intervention
Program.
E. Submit thru the CSWDO an assessment to the CICL Justice and
Welfare Council through the DILG.
F. Ensure thru the CSWDO that no children are admitted or detained in
city jails.
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G. Pay a portion of the expenses for the care and maintenance of the
child in conflict with the law in accordance with Rule 100.a. of the
Implementing Rules and Regulations of RA 9344, in case the parents
of the child or those persons liable to support the child cannot pay all
or part of said expenses.
H. Institute thru the CSWDO community-based programs for intervention,
diversion and rehabilitation;
I. Appoint a duly licensed social worker who shall be tasked to assist
children in conflict with the law.
J. Conduct an inventory and mapping of local resources for children in
conflict with the law.
K. Assist the Punong Barangay in conducting diversion proceedings in
cases provided in Section 23 (a) of the CICL Justice and Welfare Act
of 2006 as amended.
L. Review and assess comprehensive CICL intervention programs;
Section 22. Children’s Month Celebration. The month of November is hereby
declared as the National Children’s Month pursuant to RA 10661. There shall be events
focusing on the promotion of the rights of children. Such activities shall be conducted by
the Council for the Protection of Children through the City Social Welfare and
Development Office, City Health Office and the Department of Education (DepEd).
Article VI
Employment
Section 23. Children below fifteen (15) years of age shall not be employed
except:
A. When a child works directly under the sole responsibility of his parents or legal
guardian and where only members of his family are employed; that his
employment neither endangers his life, safety, health, and morals, nor impairs
his normal development; that the parent or legal guardian shall provide the said
child with the prescribed primary and secondary education; or
B. Where a child’s employment or participation in public entertainment or
information through cinema, theater, radio, television or other forms of media is
essential; that the employment contract is concluded by the child’s parents or
legal guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment; that the following
requirements in all instances are strictly complied with:
1. The employer shall ensure the protection, health, safety, morals and normal
development of the child;
2. The employer shall institute measures to prevent the child’s
exploitation or discrimination taking into account the system and level
of remuneration, and the duration and arrangement of working time;
and
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3. The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and
skills acquisition of the child.
In the above-exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the above
requirements.
Section 24. Hours of Work of a Working Child. Under the exceptions provided
in Section 3 of RA 9231, an act providing for the elimination of the worst forms of child
labor and affording stronger protection for the working child:
A. A child below fifteen (15) years of age may be allowed to work for not more than
twenty (20) hours a week and that the work shall not be more than four (4) hours
at any given day.
B. A child fifteen (15) years of age but below eighteen (18) may be allowed to work
for not more than forty (40) hours a week and that the work shall not be more
than eight (8) hour at any given day.
C. No child below fifteen (15) years of age shall be allowed to work between eight
o’clock in the evening and six o’clock in the morning of the following day and no
child fifteen (15) years of age but below (18) shall be allowed to work between
ten o’clock in the evening and six o’clock in the morning of the following day.
Section 25. Ownership, Usage and Administration of the Working Child’s
Income. The wages, salaries, earnings and other income of the working child shall belong
to him in ownership and shall be set aside primarily for his support, education or skills
acquisition and secondarily to the collective needs of the family; that not more than twenty
percent (20%) of the child’s income may be used for the collective needs of the family.
Section 26. Prohibition against Worst Forms of Child Labor. No child shall
be engaged in the worst forms of child labor. The phrase “worst forms of child
labor” shall refer to any of the following:
A. All forms of slavery or practices similar to slavery such as sale and
trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed
conflict.
B. The use, procuring, offering or exposing of a child for prostitution, for the
production of pornography or for pornographic performances.
C. The use, procuring or offering of a child for illegal or illicit activities,
including the production and trafficking of dangerous drugs and volatile
substances prohibited against existing laws.
D. The use of a child by a mendicant for purposes of begging. Mendicant
shall refer to any person who has no visible and legal means of support,
or lawful employment and who is physically able to work but neglects to
apply himself to some lawful calling and instead uses begging as a
means of living.
E. Work which by its nature or the circumstances in which it is carried out, is
hazardous or likely harmful to the health, safety or morals of children,
such that it:
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1. Debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being; or
2. Exposes the child to physical, emotional or sexual abuse, or is found
to be highly stressful psychologically or may prejudice morals; or
3. Is performed underground, underwater or at dangerous heights; or
4. Involves the use of dangerous machinery, equipment and tools such
as power-driven or explosive power-actuated tools; or
5. Exposes the child to physical danger such as, but not limited to the
dangerous feats of balancing, physical strength or contortion, or which
requires the manual transport of heavy loads; or
6. Is performed in an unhealthy environment exposing the child to
hazardous working conditions, elements, substances, co-agents or
processes involving ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme temperatures, noise
levels or vibrations; or
7. Is performed under particularly difficult conditions; or
8. Exposes the child to biological agents such as bacteria, fungi, viruses,
protozoans, nematodes and other parasites; or
9. Involves the manufacture or handling of explosives and other
pyrotechnic products.
Section 27. Access to Education and Training for Working Children.
No child shall be deprived for quality education. The employer shall provide a
working child with access to at least primary and secondary education.
Section 28. Prohibition on the Employment of Children in Certain
Advertisements. No child shall be employed as a model in any advertisement
directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and
its byproducts, gambling or any form of violence or pornography.
ARTICLE VII
Implementing Mechanism
Section 29. The Council for the Protection of Children (CPC). There shall be
created the Council for the Protection of Children in the City under the Office of the Mayor
hereinafter referred to as the Council.
Section 30. Composition of the Council. In accordance with DILG Memorandum
Circular No. 2002-121, or the Revised Guidelines on the Organization and Strengthening
of the Local Councils for the Protection of Children (LCPC) Incorporating Thereat Early
Childhood Care and Development (ECCD) Coordinating Committees at the Provincial,
City, Municipality and Barangay Levels, the Council shall be composed of the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
The City Mayor, as the Chairperson;
The Sangguniang Panlungsod Chairperson on Women and Family;
The Sangguniang Panlungsod Chairperson on Social Services;
The DILG City Field Officer;
The Division Superintendent of DepEd;
The CSWD Officer;
The PNP Children and Women’s Desk;
The City Liga ng mga Barangay President;
The City Youth Federation President;
The Representative, City Administrator’s Office;
The Representative, PTA;
The Child Representative;
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M. President of the Child Development Workers’ Organization;
N. The Representative, DOLE;
O. The Representative, Organization of Parents with Special Children, Inc.
(OPSCI);
P. The Representative, The Association of Non-Government Organizations
(TANGO); and,
Q. The City Health Officer.
The City Mayor may designate any member as co-chairperson. Other members
may be included as the need arises.
Section 31. Functions of the City Council for the Protection of Children
(CCPC). The following shall be the functions of the Council:
A. Formulate plans, programs and projects for the general welfare and protection
of children incorporating therein the barangay plans for children and integrating
the same into the City Development Plan;
B. Monitor, evaluate and review the implementation of the Plan;
C. Submit quarterly status report on the plan implementation to the Provincial
Council for the Protection of Children (PCPC);
D. Promptly address issues and concerns affecting children;
E. Advocate for the passage of relevant children’s protective legislative measures;
F. Advocate for increased support and resource allocation for children’s programs
and projects;
G. Provide technical assistance and conduct capability building and human
resource development activities in coordination with concerned government
agencies for community-based frontline workers such as Child Development
Workers, Barangay Health Workers, etc.;
H. Formulate policies and measures to protect children and their families for
children’s situations brought about by natural or man-made calamities.
I. Adopt, implement and oversee the Comprehensive CICL Intervention Program;
J. Call all sectors concerned, particularly the child-focused institutions, NGOs,
people’s organizations, CSOs, educational institutions, religious organizations
and government agencies involved in delinquency prevention to participate in
the planning process and implementation of CICL intervention programs;
K. Coordinate with and assist the Children’s Sector in the formulation and
implementation of CICL intervention and diversion programs in the community;
L. Provide coordinative linkages with other agencies and institutions in the
planning, monitoring and evaluation of CICL intervention and diversion
programs in the community;
M. Assist the City Social Welfare and Development Officer (CSWDO) in the
development of the appropriate diversion program as provided under Section
23(b) of the CICL Justice and Welfare Act of 2006 as amended;
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N. Institute together with schools, children’s organizations and other concerned
agencies the community-based programs on CICL justice and welfare initiated
by LGUs;
O. Conduct capability building programs to enhance knowledge and skills in
handling children’s programs;
P. Establish and maintain a database on children in the local government.
Specifically, for the purpose of this Act, the LCPCs 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;
Q. Document best practices on CICL intervention and prevention;
R. 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;
S. Conduct an inventory of all CSOs serving children in conflict with the law and
mobilize them as resources for the effective implementation of the Act;
T. 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.
Section 32. The Secretariat. The City Social Welfare and Development Office
shall serve as the secretariat and shall be responsible for the documentation of meetings
and preparation of reports and other necessary documents of the Council.
Section 33. The Barangay Council for the Protection of Children (BCPC).
There shall be a Barangay Council for the Protection of Children in all the barangays of the
City. The BCPC shall be composed of the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
Punong Barangay;
Barangay Kagawad (Chairperson on Women & Family);
Barangay Nutrition Scholar;
Barangay Day Care Worker;
Barangay Health Nurse/Midwife;
Barangay Health Worker;
DepEd Principal/Teacher-in-Charge;
Chief Brgy. Tanod;
Children’s Representative;
PTCA President or his/her Representative;
CSO Representative; and,
Others.
Members of the BCPC shall elect from among themselves the co-chairman. Other
members may be included as the need arises.
Section 34. Function of the BCPC. The Council shall:
A. Ensure that every child in the barangay acquires at least an elementary
education;
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B. Encourage the proper performance of the duties of parents and provide learning
opportunities on the adequate rearing of children and on positive parent-child
relationships;
C. Prepare and make proper representations to the proper authorities
cases of child abuse;
regarding
D. Protect and assist abandoned, maltreated and abused children and facilitate
cases filed against their abusers;
E. Prevent child labor in their area and to protect working children from abuse and
exploitation;
F. Take steps to prevent CICL delinquency and to assist children with behavior
problems so that they can get expert advice;
G. Adopt measures to promote the health and nutrition of children;
H. Promote the opening and maintenance of playgrounds and day care centers
and other services that is necessary for child’s welfare;
I. Coordinate the activities of organizations devoted to the welfare of children and
secure their cooperation;
J. Promote wholesome entertainment in the community especially in the movie
houses;
K. Assist parents whenever necessary in securing expert guidance and counseling
from the proper governmental or private welfare agencies;
L. Advocate for the passage of child-friendly barangay ordinances in response to
child-related issues and concerns;
M. Prepare the Barangay Plan of Action for Children which address the needs of
children in the community and ensure their integration into the Barangay
Development Plan;
N. Submit quarterly barangay accomplishment reports on the implementation of the
plan to the CCPC; and
O. Hold classes and seminars on the proper rearing of children, distribute available
literature and other information on child guidance;
Section 35. Committees. The following shall be the committees of the BCPC:
A.
B.
C.
D.
E.
Family Care and Alternative Parental Arrangement:
Basic Health and Nutrition:
Education, Leisure, Recreation and Cultural Activities:
Protection and Security; and,
Social and Environment.
The BCPC may create other committees which may be deemed necessary.
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ARTICLE VIII
Final Provision
Section 37. Appropriation. At least one percent (1%) from the general fund of the
City shall be appropriated annually for the implementation of this Code for administrative
expenditures. Barangays shall likewise appropriate at least one percent (1%) from their
annual barangay budget for the strengthening and implementation of the BCPC programs.
Section 38. Administrative Provision. If the offender mentioned above admits the
offense or liability and is sincere and willing to reform, the penalty may be waived subject
to the consent of the parent or in lieu thereof, any member of the child’s immediate family,
legal guardian or any relative within fourth degree of consanguinity not involved in the
commission of the crime or violation. The following measures shall be imposed in case the
penalty is waived:
A. Attendance in any Parent Effectiveness Services (PES) seminar to be
conducted by the CSWDO; and,
B. Community service of 10 to 15 days.
Section 39. Penal Provision. Violation of any provision of this Code shall be
punishable by imprisonment not exceeding six (6) months or a fine of FIVE THOUSAND
PESOS (PhP5,000.00) or both at the discretion of the proper court. Said penalty shall not
cover criminal liabilities committed by the parent/s, legal guardian/s and head/s of the
institution or foster home which has custody of the child as provided in Article III Section
10 of this Code.
Section 40. Separability Clause. If any part or provision of this code shall be held
to be unconstitutional or invalid, other parts or provisions hereof which are not affected
thereby shall continue to be a full force and effect.
Section 41. Repealing Clause. All ordinances, resolutions, executive orders and
other issuances which are inconsistent with this code are hereby repealed or modified
accordingly.
Section 42. Effectivity Clause. This code shall take effect upon approval.
Carried and approved.
Enacted and Passed this 7th day of December 2015.
I hereby certify to correctness of the foregoing.
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